Better Guide than Reason - Federalists and Anti-Federalists 1560001313, 9781560001317

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A Better Better A Guide Guide Than Than Reason Reason

FEDERALISTS FEDERALISTS AND ANTI-FEDERALISTS ANTI-FEDERALISTS AND

M M. E. E. Bradford Bradford With aa new new introduction introduction With by by Russell Russell Kirk Kirk

Better AA Better Guide Guide Than Than Reason Reason

FEDERALISTS FEDERALISTS AND AND ANTI-FEDERALISTS ANTI-FEDERALISTS

M.WithE.a newBradford introduction

M. E. Bradford With a new introduction

by by Russell Russell Kirk Kirk

:

Routledge

Taylor & Francis Group LONDON AND NEW YORK

Originally published in in 1979 1979 by by Sherwood Sherwood Sugden. Originally published Sugden.

Published 1994 Transaction Publishers Publishers Published 1994 by by Transaction Published 2017 by by Routledge Routledge Published 2017

22 Park Park, Abingdon, Oxon OX14 OX14 4RN Park Square, Square, Milton Milton Park, Abingdon, Oxon 4RN 711 Avenue, New New York, York, NY NY 10017, 10017, USA USA 711 Third Third Avenue, Routledge is is an an imprint imprint of of the Taylor & & Francis Francis Group, Group, an an informa informa Routledge the Taylor business business New material material this this edition copyright ©© 1994 1994 by by Taylor & Francis. Francis. New edition copyright Taylor & All rights rights reserved. reserved. No No part part of this book book may may be be reprinted reprinted or All of this or reproduced or utilised in in any any form form or or by by any any electronic, mechanical, reproduced or utilised electronic, mechanical, or other or other means, means, now now known known or or hereafter hereafter invented, invented, including including photocopying and recording, or in any any information information storage photocopying and recording, or in storage oror retrieval retrieval system, system, without without permission permission in in writing writing from from the the publishers. publishers. Notice: Notice: Product oror corporate corporate names or registered Product names may may be be trademarks trademarks or registered trademarks, only for and explanation trademarks, and and are are used used only for identification identification and explanation without intent intent to to infringe. infringe. without Library Congress Catalog Catalog Number: 93-44711 Library of of Congress Number: 93-44711 Library Library of of Congress Congress Cataloging-in-Publication Cataloging-in-Publication Data Data Bradford, (Melvin E.), Bradford, M.E. MLE. (Melvin E.), 19341934AA better guide than better guide than reason: reason: federalists federalists and and anti-federalists/ anti-federalists/ M.E. Bradford; Bradford; with with aa new new introduction introduction by by Russell Russell Kirk. Kirk. M.E. Library of of conservative thought) p.p. cm. cm. (The (The Library conservative thought) Includes bibliographical bibliographical references references and index. Includes and index. ISBN 1-56000-131-3 1-56000-131-3 ISBN 1.1. Political States—History—18th century. century. Political science—United science—United States—History—18th 2.2. United United States. States. Declaration Declaration of of Independence. Independence. 3. 3. United United States— States— Politics and United States-Politics Politics and government—1775-1783. government—1775-1783. 4.4. United States-Politics and government-1783-1789. I. I. Kirk, Kirk, Russell. Russell. II. II. Title. Title. III. III. Series. Series. and government-1783-1789. JA84.U5B67 JA84.U5B67 1994 1994. 320.5'0973-dc20 320.5'0973-dc20 ISBN 978-1-56000-131-7 ISBN 13: 13: 978-1-56000131-7 (hbk) (hbk)

93-44711 93-44711 CIP CIP

For my For my mother mother and and father, father, who early early indulged and encouraged encouraged who indulged and my the inherited my interest interest in in the inherited things things

ACKNOWLEDGMENTS ACKNOWLEDGMENTS Portions of of Chapter Chapter II were were read read at at Thomas Thomas Aquinas College, Portions Aquinas College, Calabasas, California, in December, 1975, and the entire essay was first published in Modern Age. Chapter II was given at Georgetown University in the District of Columbia, in August, 1975, and published in The Inter­ collegiate Review. Review. Chapter III was before the collegiate Chapter III was read read before the April, April, 1976 1976 session session of of the the Trans-Mississippi Department Department in in Dallas, Dallas, Texas. Texas. Chapter Chapter IV IV was was first part Trans-Mississippi first part of of the of the the August, August, 1976 1976 Mid-Western Mid-Western Summer Summer School School of the Intercollegiate Intercollegiate Studies Institute Institute inin Hillsdale, Hillsdale, Michigan, Studies Michigan, and and later later published published in in Modern Modern Age. for the Age. Chapter Chapter V V was was originally originally given given as as an an address address for the Center Center for for Constructive Alternatives College, Michigan, Constructive Alternatives at at Hillsdale Hillsdale College, Michigan, in in November November of of 1975 and and was was published published in in Imprimis. Jmprimis. Chapter Chapter VI VI was was read read in in January, January, 1975 1978, Alexan­ 1978, before before the the Eastern Eastern Meeting Meeting of of the the Philadelphia Philadelphia Society Society in in Alexandria, Virginia. Virginia. Chapter VII was was part part of of a a February, February, 1976 program at at Troy Troy dria, Chapter VII 1976 program State University University of Alabama and and was was published published early early in in 1978 1978 by by the the Foun­ FounState of Alabama dation Education of dation for for American American Education of Glendale, Glendale, South South Carolina, Carolina, in in their their sym­ symposium, ““The Search Search for American Order”. Order’. Chapter Chapter VIII VIII was was given posium, “The for American given before the the Intercollegiate Intercollegiate Studies Studies Institute Institute Southern Southern Summer Summer School School in in before August, 1974, at the University University of of Dallas. Dallas. Chapter Chapter IX IX was was given given as an ad­ adAugust, 1974, at the as an dress before the the State State Convention Convention of of the the Texas Texas Division Division of the Sons Sons of of dress before of the Confederate June of Confederate Veterans Veterans in in June of 1976, 1976, Mesquite, Mesquite, Texas. Texas. Chapter Chapter X, X, in in a a reduced version, version, first first appeared appeared as as “Lincoln’s ‘“‘Lincoln’s New New Frontier: Frontier: A A Rhetoric Rhetoric reduced for Continuing Revolution”, Revolution”, in in Triumph Triumph magazine. Chapter XI XI was was for Continuing magazine. Chapter prepared for for the the December, December, 1974 1974 Country Country House House Seminar Seminar of of the the Inter­ Interprepared collegiate collegiate Studies Studies Institute Institute in in Mecosta, Mecosta, Michigan, Michigan, and and was was published published in in The Intercollegiate Intercollegiate Review. Review. All All republications are with with the the kind permission of of republications are kind permission The the original original publishers. publishers. the Calabasas, California, in December, 1975, and the entire essay was first published in Modern Age. Chapter II was given at Georgetown University in the District of Columbia, in August, 1975, and published in The Jnter-

CCONTENTS ONTENTS Introduction toto the Transaction Edition Introduction the Transaction Edition = xi xt Preface xv Preface xv

PART II PART AA Teaching Teaching for for Republicans: Republicans: Roman and the the Nation's Roman History History and Nation’s First First Identity Identity 33 The Heresy The Heresy of of Equality: Equality: AA Reply Reply toto Harry Harry Jaffa Jaffa 29 29 Word from the Word from the Forks Forks of of the the Creek: Creek: The Revolution and The Revolution and the the Populist Populist Heritage Heritage 59 59

PART PART II II

AA Better Better Guide Guide than than Reason: Reason: The Politics of The Politics of John Fohn Dickinson Dickinson 19 79 According According toto Their Their Genius: Gentus: Politics Example of 97 Politics and and the the Example of Patrick Patrick Henry Henry 97 No Master the Law: No Master but but the Law: The The Legacy Legacy of of William William Henry Henry Drayton Drayton 111 111

PART PART III Ill

Franklin Franklin and and Jefferson: Jefferson: The 137 The Making Making and and Binding Binding of of Self Self 137 All All to to Do Do Over: Over: The the The Revolutionary Revolutionary Precedent Precedent and and the Secession of Secession of 1861 1861 153 153 First Fathers: First Fathers: The Colonial Colonial Origins The Origins of of the the Southern Southern Tradition Tradition 169 169 Lincolny the the Declaration, Declaration, and Lincoln, and Secular Secular Puritanism: Puritanism: AA Rhetoric for Continuing Revolution Rhetoric for Continuing Revolution 185 185

PART PART IV IV

AA Proper Proper Patrimony: Patrimony: Russell Russell Kirk Kirk and and America's America’s Moral Moral Genealogy Genealogy 207 207 Index 218 Index 218

INTRODUCTION THE INTRODUCTION TO TO THE TRANSACTION EDITION TRANSACTION EDITION What Reason? What better better guide guide might might aa people people have have than than abstract abstract Reason? Why, Experience Experience as the historic historic experience Why, as aa guide, guide, the experience of of aa people, people, expressed frame of expressed in in their their legal legal institutions, institutions, general general frame of government, government, customs John Dickinson; in this customs and and conventions. conventions. So So reasoned reasoned John Dickinson; and and in this slim book book M.E. M.E. Bradford finds Dickinson slim Bradford finds Dickinson to to have have been been the the wisest wisest delegate at of 1787. Moreover, delegate at the the Constitutional Constitutional Convention Convention of 1787. Moreover,

Bradford’s Henry, cried Bradford’s especial especial hero, hero, Patrick Patrick Henry, cried out, out, "I "I have have but but one one lamp by which guided, and lamp by which my my feet feet are are guided, and that that is is the the lamp lamp of of experience." experience." Those Those two two Patriot Patriot leaders, leaders, in in arms arms against against the the Crown Crown in were champions and ways in Parliament, Parliament, were champions of of institutions institutions and ways of of life life long long established—both and in established—both in in Britain Britain and in the the Thirteen Thirteen Colonies. Colonies. In In this this volume volume (the (the first first edition edition of of which which was was published published in in 1979) 1979) and six volumes of unite the and six later later volumes of writings writings that that unite the historical historical and and literary formidable and literary disciplines, disciplines, M.E. M.E. Bradford Bradford is is aa formidable and learned learned champion culture champion of of the the Permanent Permanent Things Things in in our our patrimony patrimony of of culture and politics. His studies fruit of and politics. His studies in in the the American American Revolution Revolution are are the the fruit of close the writings writings and and the close and and painstaking painstaking examination examination of of the the lives lives of of the turbulent years; years; in the principal principal men men of of those those turbulent in such such scholarship, scholarship, he he has but one possible peer among American American historians historians of has but one possible peer among of recent recent years—his friend Forrest McDonald. years—his friend Forrest McDonald. His preface to volume very His preface to the the present present volume very adequately adequately summarizes summarizes his chief his chief thesis thesis in in this this book: book: that that the the leading leading men men of of 1775-1789 1775-1789 were nono Jacobins, precedent, what called "the were Jacobins, but but respected respected precedent, what Burke Burke called "the chartered rights derived from statute and the chartered rights of of men" men" derived from statute and custom, custom, and and the wisdom ancestors. In wisdom of of their their ancestors. In Against Against the the Barbarians Barbarians (1992) (1992) and and in in

Founding Brief Lives United States States Founding Fathers: Fathers: Brief Lives ooff the the Framers Framers ooff the the United Constitution Constitution (1993) he carries such examination to yet other

(1993) he carries such examination to yet other American American leaders leaders of of the the Revolutionary Revolutionary era, era, delving delving into into the the debates debates in the proposed Constitution, the in the thirteen thirteen states states about about the the proposed Constitution, and and into into the xi

AA Better Guide Than Better Guide Than Reason Reason

private those public public men, private correspondence correspondence of of those men, more more acutely acutely and and thoroughly thoroughly than than has has any any other other historian. historian. Rightfully, Rightfully, Bradford Bradford writes writes as as one one having having authority. authority. He He overwhelms overwhelms such such egalitarian egalitarian ideologues ideologues as as Harry Harry Jaffa Jaffa in in their their interpretations interpretations of of the the Declaration Declaration of of Independence and and the the Constitution. Constitution. Independence Professor Professor Bradford Bradford was was aa skilled skilled rhetorician rhetorician as as well well as as aa talented talented essayist. he he writes writes with with warmth warmth and and aa shrewd shrewd understanding understanding of of essayist, human nature—especially of human frailty and of the heroic mold. human nature—especially of human frailty and of the heroic mold. Three Three books books by by him him are are being being published published in in the the year year of of his his death—two new altogether; altogether; and and II death—two of of them them new new editions, editions, the the third third new suspect that that his his posthumous posthumous influence influence may may become become greater greater than than suspect the following he the considerable considerable following he attracted attracted while while he he was was quick. quick. At At the the age of of fifty-eight, fifty-eight, M.E. M.E. Bradford Bradford died died of of diabetes diabetes in in the the spring spring of of age 1993. His His slim slim books books will will endure endure aa long long while. while. 1993. **x*

** *

The huge huge form form of of M.E. Bradford, often surmounted by great The M.E. Bradford, often surmounted bya a great broad-brimmed Western Western hat, hat, will will be be seen seen no no more more this side of of broad-brimmed this side Eternity. strong, nevertheless, Eternity. Some Some personalities personalities are are so so strong, nevertheless, that that one one cannot cannot imagine imagine their their extinction; extinction; and and so so it it is is with with Mel Mel Bradford. Bradford. Quite he refused refused to Quite as as he to be be swallowed swallowed up up by by Leviathan Leviathan the the total total state, state, so he he may may be be expected expected to to reject reject absorption absorption into into some some amorphous amorphous so World-Soul. World-Soul. Father Father Martin Martin D’Arcy D’Arcy used used to to say say that that heaven heaven isis aa state state of of one’s existence are of being being in in which which all all the the good good things things of one’s earthly earthly existence are forever present present to to the the soul—not soul—not in in memory memory merely, merely, but in their their forever but in original the soul soul desires desires them; them; while while in in the the state state original fullness—whenever fullness—whenever the of being evils of of being called called Hell, Hell, all all the the evils of one’s one’s temporal temporal existence existence are are eternally present, inescapably. God God willing, willing, then, then, the the long-enduring long-enduring eternally present, inescapably. friendship between between Bradford Bradford and this writer writer may may survive survive the the tooth tooth friendship and this of Cronos, Cronos, Time Time the Devourer. A A great great and humorous talker, talker, of the Devourer. and humorous Bradford would would be be aa conspicuous conspicuous participant participant in in whatever whatever dialogues dialogues Bradford occur in over Paradise, occur in Limbo, Limbo, which which he he might might prefer prefer over Paradise, being being accustomed to accustomed to earthly earthly political political limbo. limbo. No writer writer of of our our time time was more genuinely genuinely Southern Southern than than Dr. Dr. No was more Bradford, Bradford, the the disciple disciple and and biographer biographer of of Donald Donald Davidson, Davidson, the the xii xii

Introduction the Transaction Introduction to to the Transaction Edition Edition

least of letters, that someone very least Reconstructed Reconstructed of of men men of letters. (one (one trusts trusts that someone very competent writing of competent will will complete complete the the writing of Davidson’s Davidson’s life, life, upon upon which which Mel had had been been working working sporadically sporadically for for two two decades.) decades.) For For Bradford Bradford Mel the Civil Civil War War inflicted inflicted upon upon the the American American people people grim grim tribulations tribulations the from which which they they have have not not recovered. recovered. II concur, concur, despite being aa from despite being Northerner from the Northerner of of Northerners, Northerners, born born twenty-five twenty-five miles miles from the Canadian border, border, the the descendant descendant of of ancestors ancestors who who enlisted enlisted in in the the Canadian Army of of the the Republic Republic at at Lincoln’s Lincoln’s call call for for volunteers. volunteers. Army Yet Yet Mel Mel Bradford Bradford and and II found found ourselves ourselves as as one one in in political political and and literary the two us endeavored literary principles: principles: the two of of us endeavored to to uphold uphold the the Permanent Things. Things. Against Against political political and and economic economic centralization, centralization, Permanent against degradation of against the the degradation of the the democratic democratic dogma, dogma, against against literary literary nihilism, nihilism, against against educational educational standardization standardization without without standards, standards, we we ventured to set our faces. ventured to set our faces. "They never never will will love they ought ought to to love," love," said said Edmund Edmund "They love where where they Burke, of Burke, "who "who do do not not hate hate where where they they ought ought to to hate." hate.” A A lover lover of great great literature literature and and of of prescriptive prescriptive politics, politics, Bradford Bradford was was also also aa good hater. hater. He He especially especially detested detested Abraham Abraham Lincoln, denouncing good Lincoln, denouncing in essay upon mentality. Our in essay upon essay essay Lincoln’s Lincoln’s policies policies and and mentality. Our friend friend Richard Richard Weaver, Weaver, heir heir to to the the old old Mountain Mountain Whigs, Whigs, inordinately inordinately venerated In venerated Lincoln; Lincoln; on on that that question question II steered steered aa middle middle course. course. In his last last year, year, Bradford Bradford relented relented somewhat. somewhat. While While II was was preparing preparing his —a work, this edition of this new new edition of AA Better' Better Guide Guide Than Than Reason Reason—a work, incidentally, incidentally, of painstaking scholarship, asked me of most most painstaking scholarship, this this book—he book—he asked me to to delete delete certain phrases in in which which he he had had differed differed with with me me in in assessment assessment of of certain phrases Lincoln. "I"I do differences in Lincoln. do not not now now perceive perceive that that our our differences in opinion opinion on on Lincoln much," hehe wrote "and have Lincoln amount amount to to much," wrote to to me, me, "and have come come to to agree with with you that he he is is best best understood understood with with reference reference to to mere mere agree you that politics—at politics—at least least until until the the pain pain of of his his war war time time role role made made him him imagine imagine that that he he was was privy privy to to God’s God’s will." will." As historian, historian, essayist, essayist, critic critic of humane letters, letters, and and politician politician As of humane both both theoretical theoretical and and practical, practical, Bradford Bradford was was very very much much aa man man of of mark. writer too mark. As As friend, friend, there there was was none none quite quite like like him; him; until until this this writer too lapped in in lead, lead, Mel’s Mel’s good-natured infectious chuckle chuckle will echo in in isis lapped good-natured infectious will echo my ears. Russell Russell Kirk Kirk my

cars.

xdii xiii

PREFACE PREFACE

Despite Despite visible visible indications indications of of aa consistent consistent point point of of view, view, the the origins of this book are occasional. All but one of the studies includ­ origins of this book are occasional. All but one of the studies included were ed were originally originally prepared prepared as as commissioned commissioned addresses addresses for for delivery delivery during during the the period period of of our our national national Bicentennial. Bicentennial. As As my my acknowledgements will set took acknowledgements will indicate, indicate, these these performances performances as as aa set took me all across across the country—from California California to me all the country—from to South South Carolina, Carolina, Michigan Pennsylvania to Michigan to to Virginia, Virginia, Pennsylvania to Alabama, Alabama, and and to to various various locations native Texas. spoke as man ofof locations in in my my native Texas. In In every every case case II spoke as aa man letters some of equipment of letters who who hoped hoped to to bring bring some of the the special special equipment of the the rhetorician rhetorician into into conjunction conjunction with with an an avocational avocational interest interest in in history history and political political theory theory and and to to bear bear upon certain documents documents surviving surviving and upon certain to the period to us us from from the period of of the the American American Revolution. Revolution. My My intention intention was accepted errors about the the temper our was to to correct correct commonly commonly accepted errors about temper of of our forefathers—errors to read forefathers—errors made made possible possible by by our our inability inability to read their their political political literature literature in in the the spirit spirit and and according according to to the the formula formula by by which it it was was composed. composed. which In the the course course of of preparing these addresses, addresses, II naturally read my In preparing these naturally read my way through through the the received received authorities authorities on on the the origin origin and and meaning, meaning, way thought thought and and purpose purpose of of the the American American Revolution. Revolution. This This study study gave gave aa negative negative impetus impetus to to my work and contributed to it another cirmy work and contributed to it another cir­ cumstantial quality, quality, one one that that II had had not not presupposed. From my my cumstantial presupposed. From knowledge knowledge of of eighteenth-century eighteenth-century British British letters letters (a (a highly highly political political literature), what articulate Angloliterature), II had had come come to to recognize recognize how how and and what articulate AngloSaxons Saxons were were likely likely to to feel feel and and believe believe concerning concerning most most public public XV

AA Better Better Guide Guide Than Than Reason Reason questions and and to to be familiar with with the the forms forms of of discourse discourse with with which which questions be familiar they addressed addressed their their times. times. And And II also also knew knew something something of how they of how earlier generations generations of of my my own own immediate immediate ancestors ancestors in in the the American American earlier South remembered South remembered and and reverenced reverenced that that “first” “‘first”’ restorative restorative revolu­ revolution. The The American American Revolution Revolution depicted depicted in in the the baneful baneful consensus consensus tion. of the major major contemporary contemporary authorities authorities on on that that portion portion of of our inof the our in­ tellectual history tellectual history seemed seemed to to me me on on its its face face to to contradict contradict what what II believed to believed to be be possible. possible. Historians Historians are are of of all all men men supposed supposed to to be be the the most time, to of most immune immune to to the the provincialism provincialism in in time, to the the popular popular forms forms of modernist of modernist anachronism. anachronism. The The truth truth is, is, however, however, that that even even the the best best of them are are sometimes sometimes among among its its sources. sources. Spurred Spurred on on by by an an assurance assurance them that that there there would would be be ample ample evidence evidence to to support support my my suspicion suspicion that that the American Revolution Revolution was was in essence an an Old Old Whig, Whig, legalistic legalistic the American in essence outburst of of anger anger with with British British ““innovations” and that that (outside (outside of outburst innovations” and of New England) England) itit had had very very little little in in common common with the English English New with the Revolution of the 1640’s 1640’s or or with with the the great great “philosophical” “philosophical” Revolution of the revolutions doctrine which revolutions of of doctrine which have have their their prototype prototype in in the the France France of of 1789, to the sources most 1789, II have have looked looked to the men men and and the the sources most frequently frequently neglected in the reader may as to neglected in the commentary. commentary. But But the the reader may judge judge as to what what have found. found. II have Yet Yet it it would would be be misleading misleading to to suggest suggest that that II prepared prepared this this se­ sequence ofof papers without the quence papers without the assistance assistance of of many many helpful helpful guides. guides. O f first Of first importance importance has has been been H. H. Trevor Trevor Colbourn’s Colbourn’s The The Lamp Lamp ooff Experience: Experience: Whig Whig History History and and the the Intellectual Intellectual Origins Origins ooff the the American American Revolution Revolution. Another mentor is identified in my concluding essay. I now believe that Russell Kirk, in his book The The Roots Roots ooff American American Order, Order understands early America better than most academic

. Another mentor is identified in my concluding essay. I now believe that Russell Kirk, in his book , understands early America better than most academic specialists field. Daniel Jack Greene, specialists in in the the field. Daniel Boorstin, Boorstin, Jack Greene, Louis Louis B. B. Wright, and and Hannah Hannah Arendt Arendt have have reinforced reinforced my my conviction of the the Wright, conviction of danger danger of of any any ideological ideological interpretation interpretation of of those those momentous momentous times.!_ II am am greatly greatly indebted indebted to to the the political political theory theory of of Michael Michael times.1 Oakeshott analysis ofof the Oakeshott and and to to Eric Eric Voegelin’s Voegelin’s analysis the Puritan Puritan mind. mind. In In rhetorical of the rhetorical criticism criticism II follow, follow, from from aa distance, distance, the the example example of the late Richard Richard Weaver. Weaver. Furthermore, sometimes draw heavily late Furthermore, II sometimes draw heavily upon researches of very scholars upon the the researches of the the very scholars with with whom whom II quarrel. quarrel. These obligations obligations are are specified specified in in my my notes. notes. In In most most of of these these These xvi xvi

Preface Preface

essays to "read", literary critic, essays II attempt attempt to "read", as as literary critic, one one or or two two important important compositions from the period of of our our political political inception. inception. compositions from the period Presupposed in every Presupposed in every chapter chapter is is the the necessity necessity to to correct correct conventional misreadings misreadings of of the the Declaration Declaration of of Independence: conventional Independence: that isis to to say, say, the the imperative imperative to to discourage discourage compulsive compulsive filtering filtering of of that our natural natural beginnings beginnings through through the the first first sentence sentence of of paragraph our paragraph two in in that that instrument instrument of of separation. separation. When When we we consider consider what what two disruptions still proceed from the simplistic view of that one disruptions still proceed from the simplistic view of that one document, we can easily recognize how topical these seemingly document, we can easily recognize how topical these seemingly antiquarian inquiries inquiries may may become. become. antiquarian Throughout these these studies studies there there is is the the assumption assumption that that Henry Henry Throughout Steele Commager, Commager, Bernard Bernard Bailyn, R. R. R. Palmer, Palmer, and and Gordon Gordon S. S. Steele Bailyn, R. Wood (to name Wood (to name aa representative representative selection) selection) are are incorrect incorrect in in emphasizing emphasizing the the discontinuity discontinuity of of the the America America which which struggled struggled to to achieve independence independence with with its its its its pre-revolutionary pre-revolutionary English English past.2 past.’ achieve Except of the Except insofar insofar as as the the original original creation creation of the particular particular colonies colonies marked an innovation, marked an innovation, aa founding founding which which the the English English in in America America soon to regard soon came came to regard as as part part of of their their constitutional constitutional patrimony. patrimony. And And therefore the the concomitant concomitant assumption assumption that that ours was aa revolution revolution to to therefore ours was conserve to create of whole conserve aa known known regime, regime, not not an an attempt attempt to create out out of whole cloth an an “‘‘empire of reason” reason’. . Continuity Continuity is is my my constant constant cloth empire of theme—English continuity!* continuity! * theme—English There is, is, of of course, course, aa piety piety for for most most of of what what really really happened happened in in There the years between in the the years between 1767 1767 and and 1787 1787 that that is is implicit implicit in the act act of of recovery here attempted. That reverence is reason enough for this recovery here attempted. That reverence is reason enough for this book. Yet, Yet, as as my my title title suggests, suggests, there there are are other other justifications. justifications. A A book. political as proper­ political tradition tradition which which argues argues its its view view of of human human rights rights as properties of aa particular ties to to be be understood understood only only in in the the continuum continuum of particular history, history, has many as as having having no no meaning meaning in in vacuo vacuo, , has many advantages advantages not not to to be be found found in what what Professor Professor Oakeshott Oakeshott has has rightly rightly labeled labeled ‘“‘the teleocratic in “the teleocratic regime’’. A A societas societas seems to me me preferable preferable to to aa universitas—at least regime5\ seems to universitas—at least ** ItIt isis the the characteristic characteristic ofof Old Old Whig Whig teaching teaching toto emphasize emphasize not not the the future future but but the the past. past. New New Whigs are are “‘progressives””—of the variety variety described described by by Sir Sir Herbert Butterfield in in his his The The Whigs “progressives”—of the Herbert Butterfield Whig Interpretation Interpretation of of History History (London: (London: G. G. Bell Bell and Sons, Ltd., Ltd., 1963), 1963), and and less less concerned concerned with with Whig and Sons, precedent precedent than than their their legalistic legalistic counterparts. counterparts.

xvii XVii

AA Better Better Guide Guide Than Than Reason Reason

for only freedom which can for free free men. men. The The only freedom which can last last isis aa freedom freedom em­ embodied bodied somewhere, somewhere, rooted rooted in in aa history, history, located located in in space, space, sanctioned sanctioned by and blessed blessed by by aa religious religious establishment. establishment. The The only only by aa genealogy, genealogy, and equality which which abstract abstract rights, rights, insisted insisted upon upon outside outside the the context context of of equality politics, are likely likely to to provide provide is is the the equality equality of of universal universal slavery. slavery. It It is is politics, are lesson which which Western at aa lesson Western man man is is only only now now beginning beginning to to learn. learn. And And at great both aa pleasure and aa relief great cost. cost. Therefore Therefore it it has has been been for for me me both pleasure and relief to to spend spend the the time time devoted devoted to to these these compositions compositions in in the the clearer clearer air air in in which we we began began our notable experiment experiment in in self-government. self-government. II will will which our notable be pleased be pleased if if others others follow follow me me to to visit visit among among the the sagacious sagacious spirits spirits who way that that we who first first pointed pointed us us in in the the way we should should go. go. For their their counsel counsel and and suggestions suggestions with with respect respect to to particular particular For components of of this this volume, wish to to thank components volume, II wish thank my my colleagues, colleagues, Professors Professors Frederick Frederick D. D. Wilhelmsen Wilhelmsen and and Thomas Thomas H. H. Landess. Landess. And And for the the hospitality hospitality and and encouragement encouragement of of the institutions where for the institutions where these papers were were first first delivered, delivered, II am am grateful. staff of of the the these papers grateful. The The staff Library of of the the University University of of Dallas has rendered rendered me me invaluable invaluable Library Dallas has assistance needed materials. The Texas assistance in in the the collection collection of of needed materials. The Texas Educational Association, Association, through through its its president, president, Mr. Mr. Beverley Beverley V. V. Educational Thompson, Jr., Jr., facilitated facilitated the the completion completion of of this work with with aa timely timely Thompson, this work research grant. In the the preparation oral and and written written ver­ verresearch grant. In preparation ofof both both the the oral sions the guidance my wife, sions of of these these studies, studies, the guidance and and support support of of my wife, Marie, Marie, has has been been indispensable. indispensable. NOTES NOTES J. Boorstin, Boorstin, The The Genius Gentus of of American American Politics Politics (Chicago: (Chicago: University University of of Chicago Chicago 1.1. Daniel Daniel J.

Press, 1953); on the Press, 1953); Jack Jack P. P. Greene, Greene, All Ali Men Men Are Are Created Created Equal: Equal: Some Some Reflections Reflections on the Character Character of of the the American Revolution Revolution (Oxford: (Oxford: Clarendon Clarendon Press, Press, 1976); 1976); Louis B. Wright, Wright, Tradition Tradttion and and the the Amencan Louis B.

Founding Fathers Fathers (Charlottesville: (Charlottesville: University University Press Press of of Virginia, Virginia, 1975); 1975); and and Hannah Hannah Arendt, Arendt, Founding On Revolution Revolution (New (New York: York: Viking Viking Press, Press, Inc., Inc., 1963). 1963). On Henry Steele Steele Commager, Commager, The The Empire Empire of of Reason Reason: : How How Europe Europe Imagined and America America Realiz2.2. Henry Imagined and Realiz­ ed the the Enlightenment Enlightenment (Garden (Garden City, City, N.Y.: N.Y.: Anchor Anchor Press/Doubleday, Press/Doubleday, 1977); 1977); Bernard Bernard Bailyn, Bailyn, ed Ideological Origins Origins of of the the American Revolution (Cambridge: (Cambridge: Harvard Harvard University University Press, Press, 1967); 1967); Ideological Amencan Revolution R.R. Age of History of America, 1760R.R. Palmer, Palmer, The The Age of the the Democratic Democratic Revolution: Revolution: A A Political Political History of Europe Europe and and America, 17601800, 22 vols. vols. (Princeton: (Princeton: Princeton Princeton University University Press, Press, 1959, 1959, 1964); 1964); Gordon Gordon S. S. Wood, Wood, The The Crea­ Crea1800, tion of of the the American Republic, 1776-1787 1776-1787 (Chapel (Chapel Hill: Hill: University University of of North North Carolina Carolina Press, Press, 1969). 1969). tion Amencan Republic,

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PART II PART

A TEACHING FOR REPUBLICANS: ROMAN HISTORY AND THE NATION’S FIRST IDENTITY A TEACHING FOR REPUBLICANS: ROMAN HISTORY AND THE NATION’S FIRST IDENTITY

The formal character The Federal Federal District District of of Columbia, Columbia, both both in in its its formal character as self-conscious attempt as aa capital capital and and also also in in its its self-conscious attempt at at aa certain certain visual visual splendor, is, for for every every visitor states, aa splendor, is, visitor from from the the somewhat somewhat sovereign sovereign states, reminder the analogy analogy of ancient Rome reminder that that the of ancient Rome had had a a formative formative effect effect upon upon those those who who conceived conceived and and designed designed it it as as their their one one strictly strictly national our fathers fathers called national place. place. What What our called Washington Washington City City is is thus, thus, at at one and time, aa symbol their common one and the the same same time, symbol of of their common political political aspirations and aspirations and aa specification specification of of the the continuity continuity of of those those objectives objectives with what they knew of the Roman experience. So are we all in­ with what they knew of the Roman experience. So are we all informed with the testimony of construe the formed with the testimony of the the eye, eye, however however we we construe the documentary of original great documentary evidence evidence of original confederation. confederation. So So say say the the great monuments, the many monuments, the the memorials, memorials, the many public public buildings buildings and and the the seat seat of at the of the of government government itself. itself. So So the the statuary statuary placed placed at the very very center center of the Capitol Capitol of of the the United United States. States. And And much, much, much much more. more. But the primary But Roman Roman architecture architecture and and sculpture sculpture were were not not the primary inspiration the city inspiration for for America’s America’s early early infatuation infatuation with with the city on on the the Tiber. literature, and and particularly particularly Tiber. That That connection connection came came by by way way of of literature, from Plutarch, from readings readings in in Roman Roman history. history. What What Livy, Livy, Tacitus, Tacitus, Plutarch, and their associates taught the generation that achieved and their associates taught the generation that achieved our our in­ independence and preserving preserving aa dependence was was the the craft craft of of creating, creating, operating, operating, and republican eighteenth republican form form of of government. government. For For gentlemen gentlemen of of the the eighteenth century, Rome was the conver­ century, Rome was the obvious obvious point point of of reference reference when when the the conversation republican theory. The Swiss, the sation turned turned to to republican theory. The Swiss, the the Dutch, Dutch, the Venetians states sometimes sometimes had Venetians and and (of (of course) course) the the Greek Greek city city states had aa 3

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place considerations. And in New of place in in such such considerations. And in New England England the the memory memory of the Holy Commonwealth survived. the Holy Commonwealth survived. Yet Yet Rome Rome had had been been the the Republic, Republic, one one of of the the most most durable durable and and impressive impressive social social organisms organisms in the history of the there was in the history of the world. world. Moreover, Moreover, there was aa many-sided many-sided record of record of how how it it developed, developed, of of how how its its institutions institutions were were undermined undermined and of consequences following following their declension. This Rome was was and of the the consequences their declension. This Rome no good”, no construct construct issuing issuing from from deliberations deliberations upon upon the the abstract abstract ““‘good”’, no fancy fancy of of the the “closet ‘‘closet philosophers”.1 philosophers”’.' Public Public men men might might attend attend its its no example with respect, respect, learn learn from from its its triumphs triumphs and and its its ruin. ruin. On example with On these we were these shores shores they they did. did. And, And, once once we were independent, independent, with with aa special why and and with special urgency. urgency. To To explain explain why with what what results, results, II will will first first reconstruct aa composite composite Roman Roman model model according according to to the the under­ underreconstruct standing of those standing of those first first Americans Americans and and then then document document that that pointed pointed synthesis synthesis with with aa limited limited selection selection from from the the wealth wealth of of supporting supporting evidence left left to to us us from from the the architects architects of of our political identity. identity. Only Only evidence our political then will will it it be be possible possible to to account account for for the the impetus impetus given given by by this this ef­ efthen fort fort at at emulation emulation to to the the development development of of an an indigenous indigenous American American regime: account account for for and and thus thus correct correct many now accepted accepted readings readings regime: many now of of our our early early history, history, as as that that identification identification requires. requires. The way to recover Roman signified to The best best way to recover Roman history history as as it it signified to the the English Whig Whig or or likeminded likeminded commonwealthsman commonwealthsman of of the the late late English eighteenth century isis to such diverting eighteenth century to ignore ignore such diverting questions questions as as what what it it meant meant to to the the republican republican historians historians themselves, themselves, to to Polybius, Polybius, to to Plutarch, the Plutarch, the Renaissance, Renaissance, or or the the leaders leaders of of the the French French Revolution. Revolution. O r of today. The Or of what what it it means means to to Western Western man man today. The distinction distinction here here is is akin to to the difference between study of of biblical biblical influence influence and and akin the difference between the the study direct exposition the direct exposition of of the the scripture scripture itself. itself. Our Our fathers fathers trusted trusted the Roman historians as to Roman historians rather rather well. well. To To them, them, as to other other late late Augustans, Augustans, history history was was aa moral moral and and political political study, study, not not aa precise precise antiseptic antiseptic science.2 And And especially Roman history. science.* especially Roman history. They They found found the the truth truth of of men manners in in its its long long and and varied varied entirety. This enlighten­ enlightenmen and and manners entirety. This ment to be include aa deposition ment did, did, to be sure, sure, include deposition from from life life under under the the Caesars—even though though that that testimony testimony was was chiefly chiefly negative negative in Caesars—even in character. But But the the deepest deepest teaching full chronicle was con­ concharacter. teaching ofof the the full chronicle was centrated in centrated in its its first first three three parts: parts: from from 510-262 510-262 B.C., B.C., the the rise rise of of 4

Roman History Roman History and and the the Nation's Nation’s First First Identity Identity

the the Republic Republic (in (in Livy Livy and and Book Book II II of of Cicero’s Cicero’s De De Republica); Republica); 262262202 of the 202 B.C., B.C., the the era era of the Punic Punic Wars Wars (in (in Livy, Livy, Appian, Appian, and and Polybius); Polybius); and and 202-27 202-27 B.C., B.C., the the decline decline toward toward anarchy anarchy and and despotism (in (in Sallust, despotism Sallust, Lucan, Lucan, Tacitus, Tacitus, Suetonius, Suetonius, Plutarch, Plutarch, and and others).3 order was was aa convention convention with others).? Admiration Admiration for for the the old old order with the the later, imperial imperial authorities. authorities. Caesar Caesar allowed the sentiment, sentiment, later, allowed the sometimes even officially sometimes even officially encouraged encouraged it: it: Caesar Caesar as as the the only only con­ conceivable Yet the moral imagination ceivable keeper keeper ofof the the republican republican fires. fires. Yet the moral imagination of of Romanitas continued continued its location in in the the memory memory of of the the Republic Republic long long Romanitas its location after the the subject subject of this recollection recollection had had forever forever disappeared. disappeared. after of this Nothing Nothing could could be be more more republican republican than than the the wicked, wicked, arbitrary, arbitrary, and and tumultuous tumultuous princes princes drawn drawn to to life life in in Suetonius’ Suetonius’ Twelve Twelve Caesars Caesars, , than than Tacitus’ Tacitus’ portrait portrait of of Tiberius Tiberius in in The The Annals Annals, , or or the the Galba Galba and and Otho Otho of are republican of Plutarch’s Plutarch’s Parallel Parallel Lives. Lives. But But these these writings writings are republican only only by implication. implication. It It is is aa presupposed presupposed knowledge knowledge of of the the Republic Republic by itself, described and itself, and and of of the the books books where where it it is is described and reported, reported, that that gives gives them them an an indirect indirect resonance resonance of of bygone bygone stabilities. stabilities. Finally, Finally, it it is is the the history of of the the Republic Republic that that is is republican republican history history proper. proper. history Yet an an even even further narrowing of of focus focus is is in in order. order. Beyond Beyond any any Yet further narrowing doubt Roman record record doubt or or question, question, the the second second of of my my divisions divisions of of the the Roman before Augustus Augustus is is the the most most important. important. For For its its relation relation to to the the other other before two is is almost as normative normative as as that that of of the the entire entire Republican Republican period period two almost as to of Rome. there, the to the the total total history history of Rome. Indubitably, Indubitably, the the tale tale turned turned there, the action politics with action that that embodied embodied and and implied implied the the politics with which which we we are are here here concerned. concerned. In In other other words, words, the the Rome Rome that that overcame overcame Carthage Carthage was the the perfection perfection of of pagan pagan republicanism. republicanism. Its Its merit, merit, slow slow and and cer­ cerwas tain formation, corporate tain in in formation, corporate and and all-absorbing all-absorbing in in operation, operation, was was revealed in in that that test. test. Rome Rome as as aa whole whole won won aa victory—won victory—won it it with with revealed finality despite despite poor poor generalship, of sea sea power, power, and and a aterrifying finality generalship, lack lack of terrifying adversary. That That the the consequence consequence of successfully implementing implementing this this adversary. of successfully perfection was to be internecine strife in no no wise wise aa necessary perfection was to be internecine strife isis in necessary judgement judgement upon upon the the constituent constituent particulars particulars which which worked worked toward toward its formation: isis instead its formation: instead only only evidence evidence that that traditional traditional societies societies can­ cannot recognize recognize their their own composition as as something something frail, frail, in in need need of of not own composition self-conscious of protection self-conscious husbandry, husbandry, of protection from from internal internal schism schism and and 5

AA Better Better Guide Guide Than Than Reason Reason the temptations temptations of of novelty novelty and and change. change. Imperial Imperial expansion, expansion, in in con­ conthe junction junction with with rearrangements rearrangements within within the the Roman Roman order—changes order—changes brought on on by by the the exigencies exigencies of of protracted protracted conflict conflict and and unexpected, unexpected, brought inadvertent inadvertent conquests—disrupted conquests—disrupted the the moral moral and and economic economic balance balance of the Republic. Republic. Or Or at at least least set set in in motion motion the forces which which brought brought of the the forces that at large that disruption disruption to to pass. pass. How How Rome Rome at large became became strong strong and and then, by then, by stages, stages, lost lost that that strength strength is is what what fascinated fascinated the the generation generation which in this which made made aa new new republic republic in this new new place. place. Probably the the best best way way to to understand understand how how the the Roman Roman Probably Republic came to consider Republic came to to be be isis to consider the the place place occupied occupied in in its its development by the Twelve Tables of the Law (449 B.C.). This development by the Twelve Tables of the Law (449 B.C.). This codification made made official codification official and and permanent permanent the the replacement replacement of of the the ancient kings kings by by aa prescriptive, constitutional system. For the Law ancient prescriptive, constitutional system. For the Law of the Tables Tables was was “essentially “essentially aa codification codification of of existing existing customs”, customs”’, of the the of the the Roman Roman people people upon upon which which all all subse­ subsethe “‘“‘funded funded wisdom”’ wisdom” of quent their legal for their their authority.4 quent additions additions to to their legal order order drew drew for authority.‘ ItIt ob­ objectified their their will will toward toward existence existence as as aa community. community. To To borrow borrow jectified language language applied applied elsewhere, elsewhere, Rome Rome was was not not made made but but grew. grew. Despite Despite the of Romulus the legend legend of Romulus and and Remus Remus and and the the myth myth of of Trojan Trojan reloca­ relocation, Romans did not connect their purchase on the favor tion, Romans did not connect their purchase on the favor of of the the gods “propositions” oror aa gods with with an an original original commitment commitment to to political political “propositions” plan for for improving improving the the world. world. The The ontological ontological fact fact of of Rome, Rome, rooted rooted plan in familial in familial piety, piety, flourishing flourishing in in patriotic patriotic zeal, zeal, was was logically logically prior prior to to any meaning meaning it it acquired. acquired. Out Out of of the pull and and push, dialectic ofof aa any the pull push, the the dialectic few tribes central Italy, emerged aa cohesive few tribes in in central Italy, emerged cohesive unity, unity, bound bound by by blood, place, and history, history, slowly absorbing neighboring neighboring cities cities and and blood, place, and slowly absorbing peoples once these had had earned earned their their right right to to absorption, absorption, periodical­ periodicalpeoples once these ly ly redistributing redistributing sources sources of of power power within within itself itself whenever whenever the the amiable interaction of of its constituent parts parts required required such such readjustamiable interaction its constituent readjust­ ment. For out out of that remarkable remarkable oneness oneness of of spirit spirit Rome Rome had had ac­ acment. For of that quired original hegemony. hegemony. And And out out of of it it the the city city continued to quired itsits original continued to grow and prosper under new new and and unexpected unexpected conditions conditions: : continued continued grow and prosper under to augment the the dignity its name and the the honor honor of of having having aa share share to augment dignity ofof its name and in that that name’s name’s hieratic hieratic authority. authority. in

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Roman Nation's First Roman History History and and the the Nation’s First Identity Identity

Said Roman depended Said another another way, way, the the self-respect self-respect of of every every Roman depended upon being aa Roman. which few would under­ upon his his being Roman. In In a a fashion fashion which few of of us us would understand, stand, the the self self in in this this system system was was derivative derivative of of the the social social bond bond and and depended common will of in­ depended upon upon aa common will to to preserve preserve that that broad broad fabric fabric of interconnection good Roman terconnection intact. intact. A A good Roman of of the the old old school school had had personal personal pride of honor. pride and and aa considerable considerable sense sense of honor. His His was was aa shame shame culture, culture, dominated by dominated by intense intense and and personally personally felt felt loyalties loyalties to to family, family, clan, clan, and individual. individual. Commitment Commitment to to Rome Rome had had its its root root in, in, and and was was not and not separable separable from, from, these these most most primary primary attachments. attachments. They They tell tell us us what what Rome was not individual as Rome meant. meant. And And why why aa true true Roman Roman was not an an individual as we we understand understand the the term. term. Yet Yet this this frame frame of of mind mind was was not not so so statist statist or or secular asas such For the secular such evidence evidence would would lead lead us us to to believe. believe. For the fabled fabled vir­ w7tus ground in tus of of aa full full citizen citizen under under the the Republic Republic had had aa ground in what what Richard Weaver Weaver wisely wisely denominated denominated “the “‘the older religiousness’’.’ Richard older religiousness”.5 Romans honored (and moved moved with with them, them, as as earth) earth) the the manes manes of of Romans honored (and their ancestors, ancestors, the lares and and penates penates of of hearth hearth and and rooftree, rooftree, the the their the lares genii and waters, genit loci loct of of groves groves and and plains plains and waters, and and the the higher higher gods gods con­ consulted through through official official augury: augury: honored them privately privately and and in in the the sulted honored them service of of the the state, state, itself itself always always reverent reverent toward toward the the mysterious mysterious service powers which which touch touch the the lives lives of of men.6 men.‘ But But Rome’s Rome’s tangential tangential con­ conpowers nection with with the numinous entailed entailed little little of of fable fable or or theology, theology, little little nection the numinous suggestion prescribed rights rights and suggestion of of aa divine divine plan plan for for the the city, city, only only prescribed and ordinances. this bond bond through their ordinances. And And this through custom custom only only reinforced reinforced their social and political social and political conservatism conservatism whose whose patterns patterns were were of of aa piece piece with the mores with the the inherited inherited religion. religion. Respect Respect for for all all the mores majorum majorum, , the the tested ways, permeated permeated everything tested ways, everything in in the the habitus Aaditus of of this this society. society. The The will will of of the the Fathers Fathers was was the the will will of of the the gods. gods. The The old old Roman Roman of of good good family family had had about about him him aa continuous continuous visual had been visual reminder reminder of of the the history history by by which which he he had been personally personally defined. II make make reference reference to to the the images images of his ancestors which had had aa defined. of his ancestors which prominent place place in in the the disposition disposition of of his his household household effects. effects. Accor­ Accorprominent ding to to Pliny Pliny the the Elder: Elder: ding In the days days of ages] . .. .. wwere ere to In the of our our ancestors ancestors [these [these im images]. to be be seen seen in in their their reception arranged, each accom pan y the reception halls halls .. .. .. arranged, each in in its its ow ownn niche niche. . .. . . to to accompany the

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funeral processions ofof the funeral processions the family; family; and and always, always, whenever whenever someone someone died, died, every member member of the family family that that had had ever ever existed existed was was present. present. The The every of the pedigree, painted pedigree, too, too, of of the the individual individual was was traced traced by by lines lines to to each each of of the the painted portraits. of portraits. Their Their record record rooms rooms were were fitted fitted with with archives archives and and records records of what each had had done... done. .. .. This This was was aa powerful powerful stimulus.7 stimulus.’ what each

Roman with these family annals, and with Roman history history proper proper began began with these family annals, and with the the linen office holders and aa linen rolls rolls which which recorded recorded by by year year the the names names of of office holders and few few events. events. These These propitiary propitiary figures figures stood stood between between the the Roman Roman and and the of which the higher higher powers, powers, dictated dictated the the religious religious ritual ritual by by means means of which that could therefore that relation relation was was negotiated, negotiated, and and could therefore dictate dictate in in conjunction conjunction with prescriptive law law which was the with these these rites rites aa prescriptive which was the political political state state as as the the customary were the customary forms forms of of worship worship were the state state religious. religious. Rome Rome was was the the prescriptive prescriptive law; law; and and that that law law had had aa sanction sanction in in religion. religion. Of course, the the prescriptive prescriptive culture culture ot ot plebeians and of of the the or­ orOf course, plebeians and dinary free the countryside was less dinary free farmers farmers in in the countryside was less elaborate elaborate than than what what we found in Pliny or the glowing we found in Pliny or can can discover discover in in the glowing pages pages of of Fustel Fustel de de Coulanges.8 Plutarch, in reporting the noble Coulanges.® Plutarch, however, however, in reporting aa speech speech by by the noble Tiberius Gracchus, Gracchus, leads leads us us to to believe believe that that in in the the days days of of Roman Roman Tiberius glory the the identity identity with with the the antiquus antiquus mos mos had had been been supported supported with with the glory the same ties with blood and and place place throughout throughout every every level level of class and same ties with blood of class and occupation. It It is is to to the the disappearance disappearance (during (during the the Punic Punic Wars Wars and occupation. and their these reasons their aftermath) aftermath) of of these reasons for for mutuality mutuality that that the the tribune tribune ob­ objects. for their that he jects. And And for their re-establishment re-establishment that he died. died. The savage beasts, in Italy, particular dens, places of The savage beasts, in Italy, have have their their particular dens, .. .. .. places of repose men who repose and and refuge; refuge; but but the the men who bear bear arms, arms, and and expose expose their their lives lives for for the the safety safety of of their their country, country, enjoy enjoy in in the the meantime meantime nothing nothing more more in in it it but but air and light; light; and, houses or or settlements settlements of of their own [are [are sub­ subair and and, having having nono houses their own jected to an an indignity indignity when when their their commanders commanders exhort exhort them] them] to to fight fight for for jected to their their sepulchers sepulchers and and altars altars .. .. .. [when [when they they have have neither] neither] houses houses of of their their own own or or hearths hearths of of their their ancestors ancestors to to defend.9 defend.’ general distribution distribution of of property, property, in in at least thirty-one thirty-one of of the the AA general at least thirty-five tribes, tribes, was was the the strength-giving strength-giving backbone backbone of of the the Roman Roman thirty-five Republic. For, For, as as one one scholar scholar has has remarked, remarked, the the original original Roman Roman Republic. was farmer/soldier.'"° And And his his mind mind reflected reflected his his occupation. was aa farmer/soldier.10 occupation. Roman literature, literature, and especially its its normative normative components, components, tells tells us us Roman and especially nothing to the contrary. contrary. It It warns warns reiteratively reiteratively against against the the corrup­ corrupnothing to the tion tion of of the the cities, cities, the the urbanite urbanite intrusion intrusion of of foreign foreign values values or or notions, notions,

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and praises praises the life. II and the advantage, advantage, practical practical and and spiritual, spiritual, of of rural rural life. call call this this mood mood hard hard pastoral—as pastoral—as opposed opposed to to the the Arcadian Arcadian (escapist) or or Dionysian Dionysian (fierce) (fierce) pastoral pastoral of the Alexandrian Alexandrian Greeks. Greeks. (escapist) of the Peace, health, health, and repose (as, (as, for for instance, instance, in in Horace) Horace) are are aa part part of of Peace, and repose its benison. benison. But But not not freedom freedom from from work work or or liberation liberation from from duty. duty. its Consider in in this this connection the De De Re Re Rustica Rustica of of Cato Cato the the Censor. Censor. Consider connection the Or the the satires satires of Juvenal. Or Or the the Germania Germania of of Tacitus Tacitus (about (about the the Or of Juvenal. Romans, not not the the rough rough folk folk across across the the Rhine; Rhine; for for the the Germans Germans Romans, serve human excellence in Rome’s serve as as reminders reminders of of the the human excellence once once possible possible in Rome’s general population).11 All Rome atat its general population)."' All locate locate Rome its best best with with aa regulated regulated combination of of honesty, honesty, thrift, thrift, patience, patience, labor, labor, and and encombination en­ durance—with the ““‘home the routines routines of of field, field, stream, stream, and and durance—with the home place”’, place”, the altar, where men men and and women of aa predictable predictable character character may may be altar, where women of be formed out of of aa well-tested well-tested mold. mold. The The city was aa place place of of general formed out city was general worship, politics, an in war, worship, aa scene scene for for politics, an armory armory and and refuge refuge in war, aa point point of contact contact with with other other societies. societies. Rome Rome the city is is thus arena, but but of the city thus anan arena, not sensibility. AsAs was not aa seedbed seedbed for for the the original original Roman Roman sensibility. was the the case case with Sparta, with Sparta, its its firmest firmest walls walls were were the the breastplates breastplates of of its its soldier/citizens—so soldier/citizens—so long long as as they they could could be be expected expected to to say say (with (with Cato the for service, Cato the Younger) Younger) in in response response to to appreciation appreciation for service, “You ‘“You must thank [instead] [instead] the the commonwealth.”12 commonwealth.’ must thank But this this Cato Cato Uticensis Uticensis (along (along with with his his great-grandfather, great-grandfather, the the But Censor, and Censor, and perhaps perhaps Camillus, Camillus, aa cynosure cynosure of of republican republican ex­ excellence) to us us as as aa byword byword because because his his rectitude was aa cellence) comes comes down down to rectitude was dramatic, dramatic, unbelievable unbelievable anachronism anachronism when when it it appeared appeared in in the the senate, the field. Lucan, Persius, senate, the the forum forum and and the field. In In Cicero, Cicero, Lucan, Persius, Plutarch, Tacitus, Tacitus, Appian, Appian, Martial, Martial, Sallust, Sallust, and Virgil, he he is is Plutarch, and Virgil, remembered stood out in bold remembered as as the the exemplar exemplar in in that that he he stood out in bold relief relief against the political the social against the political and and moral moral decadence decadence of of the social wars. wars. And And because the breathed its him atat Utica. because the Republic Republic breathed its last last with with him Utica. There There was only only one one Cato Cato to to resist Julius Caesar. Caesar. To To confront confront Hannibal Hannibal was resist Julius there were thousands. Which Which returns returns us us to to my my centerpiece centerpiece of of there were thousands. republicanism Rome of republicanism in in action, action, the the Rome of the the Punic Punic Wars. Wars. Public spirit spirit had its heyday Public had its heyday in in these these troubled troubled times. times. Rome’s Rome’s future existence was us that after Cannae future existence was at at stake. stake. Livy Livy tells tells us that after Cannae Roman that nono man Roman women women were were forbidden forbidden to to weep, weep, that man (soldier, (soldier, 99

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planter, his goods or service, planter, or or merchant) merchant) charged charged the the state state for for his goods or service, that distress.13And that no no one one took took political political advantage advantage of of his his country’s country’s distress.’? And Sallust “before the destruction of the Sallust adds adds in in support support that that ‘‘before the destruction of Carthage Carthage the people peacefully and and people and and senate senate of of Rome Rome governed governed the the Republic Republic peacefully with with moderation. moderation. There There was was no no strife strife among among the the citizens citizens for for glory glory or In the the prudent Polybius, the or power.”14 power.”’* In the view view of of the prudent Polybius, the credit credit for for this this balance (his great great theme) theme) and persistence belong­ balance (his and thus thus for for Rome’s Rome’s persistence belonged prescriptive, ““organic”’ “organic” constitution: constitution drawn ed to to its its prescriptive, constitution: aa constitution drawn by no law-giver naturally”, not not “by by no law-giver or or savant savant but but made made “‘“‘naturally”, “by purely purely analytical but analytical methods, methods, but rather rather through through experience experience of of many many struggles problems; with in the struggles and and problems; with the the actual actual knowledge knowledge gained gained in the ups of success failure.”15 Of slow ups and and downs downs of success and and failure.’’'* Of course, course, this this is is aa slow process Livy’s first process and and certain certain to to involve involve fierce fierce conflict. conflict. Livy’s first ten ten books books give us a narrative of that évolution.16 And a clear impression give us a narrative of that évolution.’* And a clear impression of of the the reluctance agitated by reluctance among among the the plebeians plebeians (when (when agitated by their their tribunes) tribunes) to any stable to accept accept any stable order order which which did did not not guarantee guarantee their their absolute absolute control. patricians to control. O Orr the the patricians to distribute distribute unoccupied unoccupied or or conquered conquered lands lands to to those those landless landless and and deserving deserving in in the the ranks ranks of of the the common common soldiery. Pyrrhus and and Brennus) soldiery. Formidable Formidable enemies enemies (such (such as as Pyrrhus Brennus) taught the necessary such being the power power of taught both both the necessary lessons, lessons, that that “‘‘such being the of each element [of Roman society] both to injure and to assist the each element [of Roman society] both to injure and to assist the others, their union against all others, the the result result is is that that their union isis sufficient sufficient against all changes changes and and circumstances.”17 circumstances.’’'’ Taught Taught them them just just in in time. time. The wars with The history history of of the the three three wars with Carthage Carthage is is as as stirring stirring aa tale tale as could want. want. ItIt isis aa story of repeated defeats and as anyone anyone could story of repeated defeats and terrible terrible casualties. Yet casualties. Yet always always the the city city stands stands and and its its citizens citizens regroup. regroup. Han­ Hannibal physical proximity even when nibal seems seems to to fear fear the the physical proximity of of Rome, Rome, even when it it appears He wanders south, attempting appears to to be be defenseless. defenseless. He wanders south, attempting (with (with no no success) loyalty of communities. Then Then success) to to break break the the loyalty of Rome’s Rome’s satellite satellite communities. the narrowly commercial the tide tide turns. turns. Carthage Carthage is is riven riven internally. internally. A A narrowly commercial city, no healthy to arms. city, it it has has no healthy yeomanry yeomanry to to call call to arms. Its Its aristocrats aristocrats lack lack public Mercenaries finally public spirit spirit and and aspire aspire to to absolute absolute dominion. dominion. Mercenaries finally falter and patriotic learn war at falter before before armed armed and patriotic citizens. citizens. The The Romans Romans learn war at sea, Hannibal’s tactics midst aa captain captain sea, learn learn Hannibal’s tactics and and discover discover in in their their midst to Scipio locates armor of his to face face him him down. down. Scipio locates the the weak weak link link in in the the armor of his 10 10

Roman History and Identity Roman History and the the Nation’ Nation’ss First First Identity

adversaries. defend adversaries. The The Africans Africans lack lack dependable dependable allies allies and and cannot cannot defend their city city from from siege. Carthage does does not not frighten frighten the Romans. their siege. Carthage the Romans. Thereafter the the end end comes comes swiftly. swiftly. For For aa summary, summary, II must must cite cite Titus Titus Thereafter Livius once again: “No other nation in the world could have sufLivius once again: “No other nation in the world could have suf­ fered of disasters not been fered so so tremendous tremendous aa series series of disasters and and not been overwhelmed.’”'* He He does does not not exaggerate. exaggerate. overwhelmed.”18 Who, after after this, this, will will dare dare to to jeer jeer at at those those who who praise praise olden times? If If there there Who, olden times? were were aa city city composed composed of of sages sages such such as as philosophers philosophers have have imagined imagined in in some surely not some ideal, ideal, but but surely not actual actual world, world, II for for my my part part cannot cannot think think that that it it would contain contain leaders leaders with with greater greater dignity dignity of of mind mind and and less less lust for per­ perwould lust for sonal sonal power, power, or or aa populace populace more more admirably admirably conducted.19 conducted.”

But But as as we we all all know, know, the the republican republican spirit spirit of of incorporation incorporation dis­ disappeared appeared rapidly rapidly once once Cato Cato the the Elder Elder got got his his way way and and the the ancient ancient (and perhaps was no more. ItIt isis aa commonplace that (and perhaps useful) useful) enemy enemy was no more. commonplace that the Roman Roman Republic Republic was ruined by by success, both in in the the Punic Punic the was ruined success, both Wars and and in the East East (Macedon, (Macedon, Parthia, etc.). It It is is more more ap­ apWars in the Parthia, etc.). propriate to say that the the harm harm was was done done by by the the form form of of that that propriate to say that achievement, by the the time that itit required. achievement, and and by time that required. External External pressure pressure had been development of had been necessary necessary to to the the development of aa balanced balanced constitution constitution and cohesive interdependence of the the classes, classes, aa community community of of older older and aa cohesive interdependence of (patrician) contrary to (patrician) and and newer newer (plebeian) (plebeian) families.20 families.” Yet, Yet, contrary to many many authorities, this dependence dependence was was in in itself itself nothing nothing ominous ominous or or un­ unauthorities, this usual. usual. Some Some of of it it is is visible visible in in the the history history of of every every healthy healthy nation—an nation—an oblique proof that that enemies enemies can can motivate motivate aa people people to to perform oblique proof perform their their best. Instead, the real problems were (1) removal of the Roman arbest. Instead, the real problems were (1) removal of the Roman ar­ mies from the the category category of of citizen-soldiers citizen-soldiers into into the the classification classification of of mies from full-time military professionals; professionals; (2) (2) the the consequent decline of of home home full-time military consequent decline agriculture and and village agriculture village life; life; (3) (3) the the growth growth of of large large slave-operated, slave-operated, absentee-owned estates; (4) (4) the the large large concentration concentration of of wealth wealth in in a a absentee-owned estates; new group group of of imperial imperial managers managers and and international international traders; traders; (5) (5) aa new great dependence on on foreign foreign food food and and the the skills skills of of educated educated great dependence foreigners; (6) (6) aa sharp decline in in character character among among the the plebeians plebeians of foreigners; sharp decline of the city—the emergence of a useless, dishonorable proletariat. the city—the emergence of a useless, dishonorable proletariat. Without aa rural rural nursery nursery for for virtue virtue or or aa necessary necessary role role for for all all Without citizens, and and with with Romans Romans in in the the army army detached detached (and almost in excitizens, (and almost in ex­ 11 11

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ile) from the motherland, the had been cut from from under the ile) from the motherland, the ground ground had been cut under the institutions Republic.21 Add institutions of of the the old old Republic." Add to to these these harbingers harbingers of of dis­ disaster the official Roman Roman religion religion and concomitant aster the decline decline of of the the official and the the concomitant “passion words flowing foreign rituals rituals and and “passion for for words flowing into into the the city”, city”, the the foreign forms of speculation, speculation, and and we we can can understand Cato drove forms of understand why why old old Cato drove out and philosophers.” philosophers.22 out strange strange priests priests and But to no avail. For had nono imperial But to no avail. For Rome, Rome, although although it it had imperial theory, theory, had acquired acquired an empire with and ease its social social had an empire with aa rapidity rapidity and ease which which its structure given the im­ structure could could not not digest.23 digest.”* Moreover, Moreover, conquest conquest had had given the imperialist the city momentum which perialist temper temper of of the city aa momentum which its its earlier earlier struggles struggles in did not not foreshadow. of wealth in Italy Italy did foreshadow. The The spread spread of wealth unconnected unconnected with merit or the spirit of pattern: the with merit or the spirit of public public service service completes completes the the pattern: the substitution ofof ““nobles” nobles” (rich (rich men) for patricians patricians (men (men of substitution men) for of good good birth); proles (faceless of aa mob) mob) for for plebeians plebeians (plain birth); of of proles (faceless members members of (plain but but solid fellows). fellows). Sallust Sallust draws picture ofof the the results solid draws us us aa painful painful picture results: : The whole from the rising ofof the the sun sun toto itsits setting, setting, subdued by The whole world, world, from the rising subdued by [Rome’s] rendered obedience her; at home there and [Rome’s] arms, arms, rendered obedience to to her; at home there was was peace peace and an abundance of an abundance of of wealth, wealth, which which mortal mortal men men deem deem the the chiefest chiefest of blessings. there were from sheer blessings. Yet Yet there were citizens citizens who who from sheer perversity perversity were were bent bent upon their their own and that of their country.24 upon own ruin ruin and that of their country.”

And with the mob even worse:

And with the mob even worse:

For in every [thus corrupted] have nono means envy For in every community community [thus corrupted] those those who who have means envy the good, exalt the the base, what isis old old and the good, exalt base, hate hate what and established, established, long long for for something new, new, and and from from disgust disgust with desire aa general general up­ something with their their own own lot lot desire upheaval. Amid turmoil they maintain without heaval. Amid turmoil and and rebellion rebellion they maintain themselves, themselves, without difficulty, easily provided for and and can difficulty, since since poverty poverty is is easily provided for can suffer suffer no no loss.25 loss.”

How different different from the men men who “ Pyrrhus, Hannibal, Hannibal, How from the who defeated defeated ‘“‘Pyrrhus,

Philip and not for for [their] [their] liberty and [their] [their] own Philip and Antiochus, Antiochus, if if not liberty and own hearthstones [then for the] privilege privilege ofof submitting but hearthstones [then for the] submitting to to nothing nothing but the laws.”261 my abbreviated Roman model po­ the laws.’”* I conclude conclude my abbreviated Roman model with with that that potent conjunction. conjunction. Liberty one law, tent Liberty meant meant in in this this milieu milieu access access to to one law, not freedom freedom for “ self-realization” (whatever (whatever that signifies): not for “‘self-realization” that now now signifies): dignity meant in that that law, law, but but not equality. Sallust dignity meant incorporation incorporation in not equality. Sallust informs once the the old old kings from disrespect disrespect for for liberty liberty in informs us us that, that, once kings fell fell from in law, living with senate, senate, consuls, and people that an­ law, living with consuls, tribunes, tribunes, and people under under that an12 12

Roman History History and and the Nation’s First First Identity Identity Roman the Nation's

cient, cient, common common and and impersonal impersonal authority authority made made “every ‘‘every man man .... . . to to lift his his head head higher higher and and to to have have his his talents more in in readiness.”27 readiness.’”’ lift talents more This This was was the the concordia concordia ordinum ordinum of of Cicero.28 Cicero.” Its Its significance significance was was not not lost the Roman lost upon upon 1688 1688 English English Whigs Whigs who who could could see see in in the Roman balance balance what had themselves what they they had themselves achieved achieved with with and and through through aa king. king. And And it it was was the the obvious obvious burden burden of of Roman Roman history history for for the the English English colonials colonials in of despotic in North North America America who who lived lived in in constant constant fear fear of despotic subjection, subjection, burdened of general burdened by by aa sense sense of general decline decline in in the the moral moral fiber fiber of of their their world—a world—a decline decline with with its its source source in in England. England. But Americans, Americans, in in creating creating aa new new republic, republic, aa modified modified Whig But Whig Rome, themselves that Rome, were were proving proving to to themselves that by by sundering sundering the the link link with with England they were resisting despotism and arresting the corruption England they were resisting despotism and arresting the corruption of fellows: that is, such countrymen asas were of their their fellows: that is, such of of their their countrymen were prepared prepared patria (their to to honor honor law, law, the the unwritten unwritten prescription, prescription, and and the the patria (their lesser lesser homelands, was homelands, the the chartered chartered colonies colonies qua qua states). states). Virtus Virtus was demonstrated in every assembly, assembly, on on every every battlefield. battlefield. Personal Personal demonstrated in every honor and the honor and the unselfish unselfish keeping keeping of of oaths oaths were were both both assumed. assumed. But But responsible for all all ofof these of responsible liberty liberty was was the the precondition precondition for these elements elements of character: liberty liberty restricted restricted by by aa given given identity identity and and channeled channeled by by aa character: will to cohesion of discrete will to cohesion shared shared by by aa number number of discrete political political entities entities and Junius and kinds kinds of of people. people. And, And, as as with with the the Romans Romans after after Lucius Lucius Junius Brutus the prescription Brutus had had done done his his work, work, the the law law and and the prescription were were ac­ actually king from tually strengthened strengthened by by removal removal of of the the king from the the American American Whig Whig configuration. configuration. New New arrangements arrangements among among persons persons and and states, states, to institutionalize institutionalize what what they they were were (and (and what what they they were were becoming becoming to by by insisting insisting on on that that character) character) seemed seemed necessary. necessary. And And especially especially after war. But after war. But no no founding—any founding—any more more than than the the Roman Roman Republic Republic had been an had been an invention invention out out of of whole whole cloth. cloth. As As for for confederation, confederation, Rome lot of absorbed to Rome did did aa lot of that, that, absorbed to defend defend itself itself any any who who accepted accepted its values, could its values, could reinforce reinforce its its strength strength and and needed needed the the protection protection combination could could provide. provide. Assuredly, Assuredly, Americans Americans were were aa rural rural combination people, in in the the habit habit of governing themselves, themselves, with with almost almost every every people, of governing freeholder and especially freeholder aa potential potential man-at-arms. man-at-arms. Europeans, Europeans, and especially the the English warlike firmness firmness of English who who fought fought them, them, marvelled marvelled at at the the warlike of these these “embattled ‘embattled farmers”. farmers”. And And soon soon enough enough they they came came to to prefer prefer such such of of 13 13

AA Better Better Guide Guide Than Than Reason Reason their number number as could be be recruited recruited to serve in in red red to to the the their as could to serve mercenaries III sent sent over. over. Add Add to to this this aa general general commit­ commitmercenaries George George III ment the die ment to to inherited inherited religion religion and and the the pattern pattern is is complete. complete. Once Once the die was cast, cast, among among such such aa people—a people—a community community which which “knew “knew the the was literature of of Rome Rome far far better better than than they they did did that that of of England”—it England’’—it is is literature no marvel marvel that, that, in in making making the the break break official, official, “the “the young young boasted boasted no they the Republican they were were treading treading upon upon the Republican ground ground of of Greece Greece and and Rome.’ Rome.”29 will not not attempt attempt to record all of the the available available expressions expressions of of II will to record all of self-conscious Romanism Romanism coming coming down down to to us us from from the the original original self-conscious United they are are numerous two United States. States. For For they numerous enough enough to to form form aa work work of of two large volumes. Indeed, positive or large volumes. Indeed, they they were were so so numerous, numerous, positive or even even assertive assertive that that Gouverneur Gouverneur Morris Morris of of Pennsylvania Pennsylvania complained complained of of the “pedantry” of ““‘our young scholars scholars .. .. .. who who would would fain fain bring bring the “pedantry” of our young everything Morris grumbled everything to to aa Roman Roman standard.”30 standard.” Yet Yet Morris grumbled in in vain. vain. For to be For the the analogy analogy which which he he found found to be oppressive oppressive informed informed the the con­ conduct of of even unintellectual and and representative representative aa public public figure figure as as duct even soso unintellectual the commander of our armies and then first President, George the commander of our armies and then first President, George Washington. Consider Consider for for an an instance instance Washington’s manifesto in in Washington. Washington’s manifesto answer to Burgoyne’s answer to Burgoyne’s demands demands for for submission, submission, August, August, 1777 1777: : “The ‘The associated armies armies in in America America act from the the noblest noblest motives, motives, liberty. liberty. associated act from The same same principles principles actuated actuated the the arms arms of of Rome Rome in in the the days days of of her her The glory; the same object was glory; and and the same object was the the reward reward of of Roman Roman valor.”31 valor.’”' Pure Pure Livy—and bust of his mantel, Livy—and from from aa man man who who kept kept aa bust of Sallust Sallust on on his mantel, who loved loved to to be be identified identified as as aa Cincinnatus Cincinnatus and and who who quoted quoted who regularly regularly from from the the Cato Cato of of Joseph Joseph Addison, Addison, his his favorite favorite play. play. And And if if Washington what Romanizing Washington behaved behaved in in this this way, way, what Romanizing would would we we ex­ expect to to find find among among his his more more bookish, bookish, intellectually peers ?°? pect intellectually curious curious peers?32 But what surprises is not the Roman predominance in this early But what surprises is not the Roman predominance in this early American American passion passion for for antiquity. antiquity. For For Augustan Augustan and and later later English English neo-classicism neo-classicism was was always always principally principally an an admiration admiration for, for, and and emulation of, of, Rome—not Rome—not Greece. Greece. The The difference difference on on this this side side of of the the emulation Atlantic was was aa matter matter of of degree—of degree—of frequency frequency and intensity in in Atlantic and intensity political the example. political application application of of the example. And And especially especially outside outside of of New New England.” England.33

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Roman Roman History History and and the the Nation's Nation’s First First Identity Identity However, though though II cannot cannot cite cite every every offhand offhand remark remark that that con­ conHowever, firms the the pattern pattern of of allusion allusion suggested suggested by by Washington, Washington, II must must ex­ exfirms pand pand somewhat somewhat upon upon the the echoes echoes of of Roman Roman history history distributed distributed among among the the sayings sayings of of our our political political forefathers forefathers in in order order to to establish establish aa ground for my my final arguments concerning concerning their their implications implications for for the the ground for final arguments interpretation of to this interpretation of our our national national beginnings. beginnings. And And to this end end II will will emphasize set of of ““rebels”: Patrick Henry Henry of emphasize aa representative representative set rebels” : Patrick of Virginia, John John Dickinson Dickinson of of Pennsylvania, Pennsylvania, and and John John Adams, Adams, the the Virginia, Squire Braintree, Massachusetts. Massachusetts. II commence commence with with Henry Henry Squire ofof Braintree, because his draft upon upon the the Roman Roman model model was was so homely and and so because his draft so homely so completely of completely of aa piece piece with with his his American American Whiggery. Whiggery. For For these these reasons represents the reasons and and because because he he represents the untroubled untroubled Romanitas Romanitas of of the the South, where where (as (as II have have argued argued elsewhere) elsewhere) that that attitude attitude put put down down South, its deepest deepest and and earliest earliest roots. roots. Dickinson Dickinson II include include because because he he was was its one of the the reluctant reluctant revolutionaries—a revolutionaries—a legalist legalist or Erastian for for one of or Erastian whom whom the the English English Whig Whig and and Roman Roman regimens regimens coalesced coalesced into into one one (still (still predominantly predominantly English) English) instruction instruction of of American American colonials. colonials. And also in recognition of his importance as a spokesman for the the And also in recognition of his importance as a spokesman for sensible Middle John Adams For no sensible Middle Colonies. Colonies. John Adams is is an an obvious obvious choice. choice. For no colonial the history political colonial American American was was aa deeper deeper student student of of the history and and political importance importance of of earlier earlier republics republics than than this this brilliant brilliant New New Englander. Englander. Furthermore, he he functions in pointed pointed contrast to the perfecFurthermore, functions in contrast to the perfectibilitarians so so frequently frequently spawned spawned in in the the Zion of his his nativity. nativity. Not Not tibilitarians Zion of one of this trio trio was was an an egalitarian, egalitarian, an an optimist, optimist, or or aa devotee devotee of one of this of ‘propositional, teleological teleological politics”. politics”. And And not not one was aa democrat democrat of of “propositional, one was the sort we we are often led led to to imagine imagine that that such such men men must must have have been. been. the sort are often Though Patrick Henry Henry was, was, with with the^ the possible possible exception Though Patrick exception ofof Washington, figures of Washington, more more frequently frequently compared compared to to the the great great figures of the the Roman Republic than any American of his time, he was almost Roman Republic than any American of his time, he was almost asas little scholar as as his his illustrious illustrious friend friend upstate. upstate. But But what what he he did did little aa scholar study, well. Says serious study, he he knew knew well. Says William William Wirt, Wirt, his his first first serious biographer, Henry read read “a ‘“‘a good good deal deal of of history”. history’. And And Livy Livy biographer, Henry “through, once at least, in in every every year year during during the the early part of of his his “through, once at least, early part life.’* To To what what effect this concentration, concentration, we we all know. But But it it is is wise wise life.”34 effect this all know. to consider consider the the impact impact of of Henry’s Henry’s vigor vigor and and gravitas on the leading to gravitas on the leading

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men ofof his own era. men his own era. Only Only there there can can we we recognize recognize the the premeditation premeditation in his his achievements achievements as as patriot patriot qua gua orator, orator, his his emulation emulation of Livy’s in of Livy’s heroes. St. St. George George Tucker Tucker in in recalling recalling the the performance performance before before the the heroes. Virginia Liberty or Virginia Convention Convention of of March March 23, 23, 1775 1775 (“ (‘‘Liberty or Death”) Death’’) asks asks us to to ““imagine this speech speech delivered delivered with with all all the the calm calm dignity dignity of of us imagine .. .. .. this Cato of Utica; imagine .. .. .. the the Roman Roman Senate Senate assembled assembled in in the the Cato of Utica; imagine

Capital when .. Capital when itit was was entered entered by by the the profane profane Gauls Gauls...

. .”35 .’* And And George Mason, when when recalling George Mason, recalling his his great great contemporary’s contemporary’s total total career as of the career as keeper keeper of of the the common common virtus virtus, , of the memory memory that that makes makes for for honor, could go so far as to write that . . had he lived in Rome honor, could go so far as to write that “‘. . . had he lived in Rome about about the the time time of of the the first first Punic Punic War, War, when when the the Roman Roman people people had had arrived arrived at at their their meridian meridian glory, glory, and and their their virtue virtue was was not not tarnished, tarnished, Mr. Henry’s Henry’s talents talents must must have have put put him him at at the the head head of of that that glorious glorious Mr. commonwealth. ”36 commonwealth.”** So seemed seemed Henry to the the end end of of his his life life when when he he thundered thundered So Henry to against the the ahistorical, ahistorical, impious impious ideology ideology of of the the French French Left. Left. So So even even against when, by when, in in 1788, 1788, he he fought fought the the ratification ratification of of the the Constitution Constitution by summoning togaed exemplars boyhood dreaming, summoning up up the the togaed exemplars of of his his boyhood dreaming, to to say ‘“‘nay”’ once more more to to power, power, to protect the the hearth hearth and and rooftree.37 rooftree.”’ say “ nay” once to protect Reasoning the universality Reasoning from from the universality of of his his impact, impact, we we can can assume assume with with confidence there was was calculation confidence that that there calculation in in Henry’s Henry’s Roman Roman posture, posture, aa sense accomplished by sense of of what what could could be be accomplished by cultivating cultivating the the Roman Roman analogy running running throughout throughout his his entire career. From his sort sort of of analogy entire career. From his working claim of working classicism classicism we we can can defend defend the the claim of Charles Charles Mullett Mullett that that the the “ancient ‘‘ancient heroes” heroes” of of early early Rome Rome “helped “helped to to found found the the independ­ independent ent American American commonwealth commonwealth .. .. .. not not less less than than the the Washingtons Washingtons and Lees.”38 Lees.” and Unlike Henry, John Dickinson was Unlike Henry, John Dickinson was aa thorough thorough classicist. classicist. And And aa deep of the in England Tem­ deep student student of the law, law, trained trained in England at at the the Middle Middle Temple. The The former former intellectual intellectual habitus habitus was was subsumed subsumed within within the the latter. latter. ple. Against the the usurpations usurpations of of Crown Crown and Parliament, Americans had Against and Parliament, Americans had no better defender defender of of their their “historic” “historic” (as (as opposed to “‘“‘natural’’) no better opposed to natural”) rights as as Englishmen. Englishmen. And And for for such such strictly strictly prescriptive prescriptive con­ conrights stitutionalism this this pillar pillar of of the the Philadelphia bar found found much much stitutionalism Philadelphia bar Roman precedent. precedent. In In the the late late 1760’s 1760’s he he could could write write with his belov­ belovRoman with his 16 16

Roman and the Roman History History and the Nation's Nation’s First First Identity Identity

ed need for ed Sallust, Sallust, “Nihil “Nihil vi, vi, nihil nihil secessioni secesstoni opus opus est” est”? (No (No need for force, force, no no need the promise need for for separation).39 separation). Yet Yet the promise of of something something more more severe severe is is just reasonable Letters just beneath beneath the the surface surface of of his his reasonable Letters of of aa Farmer Farmer in in Penn­ Pennsylvania determination epitomized the words words of as sylvania: : aa determination epitomized in in the of Memmius Memmius as quoted by Dickinson from exhortation to quoted by Dickinson from Jugurtha Jugurtha in in his his final final exhortation to his his countrymen: ““II shall shall certainly certainly aim aim at at the the freedom freedom handed handed down down countrymen: from my my forebears; forebears; whether whether II am am successful successful or or not not... in your your from . . . isis in control.’”° control.”40 Indeed, Dickinson Dickinson quotes quotes as as much much Roman Roman history as his his pur­ purIndeed, history as poses Like aa good poses will will allow. allow. Like good Whig, Whig, he he insists insists that that all all Englishmen Englishmen have their their civil civil status status (and (and are are one) one) in in the the law, law, politically politically exist exist have through that that bond. bond. King King and and Parliament Parliament have have authority authority according according through to its its dictates, dictates, not not in in themselves. themselves. Furthermore, Furthermore, the constitution to the constitution (prior toto and the basis kept, even (prior and the basis of of statute statute law) law) will will be be kept, even if if some some of of the the derivative elements elements of of the the trans-oceanic trans-oceanic political political structure structure sur­ surderivative render their their connection connection to to each each other other in behalf. Dickinson’s Dickinson’s most most render in itsits behalf. recent editor editor is is wise wise to to set set him him over over against against “the ‘‘the rationalist rationalist view” view” of of recent human justice justice which which maintains that men men are are meaningfully meaningfully “born” “born” human maintains that with “certain rights” on on which which they they can can insist, insist, even even ifif not not specified specified with “certain rights” in in aa particular particular social social continuum.41 continuum.’ That That rights—even rights—even the the most most sacred—can specific history history and are likely sacred—can be be realized realized only only in in aa specific and are likely to to disappear when when the the edifice edifice which which contains contains them them is is fractured, fractured, disappear Dickinson never never forgets. forgets. He He invokes invokes the the bad bad examples examples of James II II Dickinson of James and the the Caesars Caesars of of Tacitus Tacitus who, who, by art, “ruined “ruined the the Roman Roman liberand by art, liber­ ty” dangerous innovation’”’.” innovation”.42 And ty” and and practiced practiced “‘“‘dangerous And especially especially in in the the matters of taxation, matters of taxation, standing standing armies, armies, and and court court manipulation. manipulation. Two Two worlds, but one problem. problem. In In England England there there were, were, as as Dickinson Dickinson worlds, but one knew, who denied English or political knew, men men who denied that that either either English or Roman Roman political history was of any significance in treating of the North American history was of any significance in treating of the North American colonies, indirect representation” colonies, men men who who prated prated of of ““‘indirect representation” and and urged urged the colonials, the King King toward toward writs writs of of fire fire and and sword. sword. But But the the Roman Roman colonials, when they they went went out out to to form new city, were still still citizens citizens ifif citizens citizens when form aa new city, were once there—sometimes there—sometimes better better citizens. And likewise likewise American American once citizens. And colonials, colonials, as as secured secured in in their their charters charters binding binding on on both both King King and and Parliament. But he does insist, insist, knowing knowing with with Cicero Cicero (Oration for Sex Sex-Parliament. But he does ( Oration for 17 17

AA Better Better Guide Guide Than Than Reason Reason tius) that that never never to to be be roused to forget forget what what honor honor demands.” His tius) roused isis to demands.43 His letters letters are are the the essential essential expression expression of of that that great great middle middle body body of of Americans who who continued continued to to think think and and feel feel as as aa kind kind of of Americans Englishman, even even when when they they had had come come-with regret to to join join with with Englishman, with regret their radical radical compatriots insist on on independence. independence. And And he he con­ contheir compatriots and and insist tinued to to be be the the same same kind kind of of man man as as author author of of the the original original “Ar­ ‘‘Artinued ticles of ticles of Confederation” Confederation” and and at at Philadelphia Philadelphia in in 1787.44 1787.“ AA discussion discussion of of John John Adams Adams in in this this context must be be very very context must restricted. For restricted. For though though aa great great “common ‘common law” law” man man like like Dickinson Dickinson and lifetime admirer admirer of of the the “balanced” ‘“‘balanced’’ Roman Roman constitution, constitution, aa and aa lifetime devout republican republican and and therefore therefore no no democrat, democrat, his his near near stoicism stoicism devout causes him him at at times to plead plead universal universal law law as as aa ground ground for for rebellion: rebellion: causes times to to plead as as if if he were aa primitivist primitivist and and theoretical theoretical uniformitarian to plead he were uniformitarian like (at his like Jefferson Jefferson (at his worst) worst) and and Paine, Paine, aa meliorist meliorist with with aa habit habit of of ig­ ignoring historic circumstance. These passages, so/us, are, however, noring historic circumstance. These passages, solus, are, however, misleading. Adams Adams pled pled “higher “‘higher law” law” only in the the spirit spirit of of Burke, Burke, as as misleading. only in something sometimes sometimes visible visible and and partially partially preserved preserved in in “the “‘the cake cake of of something custom”’—and especially especially after after regular cooking; or or as as custom”—and regular English English cooking; something obvious, obvious, like the right right of of self-preservation.45 self-preservation.’* II identify identify something like the this part of of his his politics politics with with those those of of the the not-too-Puritan, not-too-Puritan, not not ananthis part tinomian members tinomian members of of the the 1641 1641 English English Parliament: Parliament: and and with with the the authors of the the 1689 that authors of 1689 Declaration Declaration of of Rights. Rights. It It was was Adams’ Adams’ view view that England, once once the the Stuarts Stuarts were were expelled, expelled, became became through through its its con­ conEngland, stitution ““‘. . .. .. nothing nothing more more nor nor less less than than aa republic republic in in which which the the stitution King King is is. .. . .. first first magistrate.”46 magistrate.’** And And that that the the situation situation of of Americans Americans changed very very little little when when the the King, King, as administrator of of the the given given law law changed as administrator (“a of men” (“a republic republic is is aa government government of of laws, laws, and and not not of men” alone) alone) failed failed in his his duty,, duty,. “abdicated”, and had had to to be be officially removed.”’ A A in “ abdicated”, and officially removed.47 republican is is what what Adams Adams always always was, even when loyal to to George George republican was, even when loyal III. III. But as as American American republican, Adams advocated advocated consistently consistently aa But republican, Adams “balanced constitution”. constitution”. And And what what he he meant meant by by this this familiar “balanced familiar language by reason reason of language is, is, by of our our ignorance ignorance of of classics, classics, nothing nothing like like what we we might might imagine. imagine. Polybius Polybius is is behind behind this this facet facet of of Adams’ Adams’ what position, position, and and also also Livy. Livy. Particularly Particularly Polybius.48 Polybius.“* But But more more imporimpor-

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tant (and these Roman tant (and encompassing encompassing these Roman instructions) instructions) is is his his view view of of how the how the English English prescription, prescription, the the great great body body of of Whig Whig theory, theory, could could

be applied in be applied to to the the new new situation situation created created at at Yorktown.49 Yorktown.” Adams Adams in this respect clearly resembles resembles Dickinson, Dickinson, combining combining English English and and this respect clearly RRoman om an co n stitu tio n alism s, wwith ith the er retain in g constitutionalisms, the form former retaining

predominance: combining predominance: combining them them in in the the quarrels quarrels before before the the Revolu­ Revolution; once the war was was over, continuing with in the tion; and, and, once the war over, continuing with them them in the effort effort

to convert the resulting resulting independence independence into to convert the into aa framework framework for for sustain­ sustaining aa nationality nationality already already there. there. Adams Adams had had clearly clearly aa more more rigorous rigorous ing

mind, mind, aa more more consistent consistent theoretical theoretical position position than than his his friend friend from from Delaware and Philadelphia. Yet he is identical with him in refusing Delaware and Philadelphia. Yet he is identical with him in refusing to men in to accept accept Lockean Lockean or or other other rationalist rationalist conjectures conjectures about about men in aa presocial state.50 state. For For him, him, aa social social contract was, ifif trustworthy, trustworthy, presocial contract was, something worked worked out out by by aa given people: worked worked out out among among something given people: themselves, over as aa people is, themselves, over aa period period of of time. time. Their Their existence existence as people is, however, aa priori. priori. This This isis Polybius Polybius and and Livy. Livy. No No constitution, constitution, even even if if however, aimed aimed at at balance, balance, could could be be better better as as aa social social bond bond than than one one ““negotiated”, negotiated”, whose source of whose development development itself itself was was aa source of mutual mutual trust among among the formalized. Adams trust the people people whose whose unity unity it it formalized. Adams un­ understood balance inin these derstood balance these terms terms and, and, in in his his Discourses Discourses on on Davila Davila (1791), said said so: so: “While ‘‘While the the [Roman] government remained remained un­ un(1791), [Roman] government touched in in the the various various orders, orders, the the consuls, and people people touched consuls, senate, senate, and mutually balancing mutually balancing each each other, other, it it might might be be said, said, with with some some truth, truth, that that no no man man could could be be undone, undone, unless unless aa true true and and satisfactory satisfactory reason reason was rendered rendered to to the the world world for for his his destruction.” destruction.”’ With With this this promise, promise, was liberty begins.51 begins.* liberty Even was and Even in in 1787, 1787, Adams’ Adams’ thought thought began began with with what what was and had had been, not been, not with with what what might might be. be: After After the the “tyrannical “tyrannical machinations” machinations” of George was of of George III III had had been been forestalled, forestalled, his his fear fear was of the the process process well well described by described by Livy, Livy, that that by by seeking seeking perfect perfect liberty liberty Americans Americans could could well to an well discover discover what what real real servitude servitude is is like.52 like.*? Devotion Devotion to an inherited inherited regime, as as in in the the time-tested time-tested constitutions constitutions of of the the states, states, protecting regime, protecting legitimate holdings in legitimate holdings in property property while while securing securing to to all all citizens citizens access access to of laws, general to the the same same restricted restricted body body of laws, could could hope hope to to secure secure aa general assent.*? And And if if we we were to go go further further with with union, union, we we should should begin begin assent.53 were to 19 19

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the the process process with with aa foundation foundation in in that that devotion. devotion. Comity Comity would would be be the result. the result. Inside Instde the the American American configuration configuration Adams Adams struggled struggled to to

conserve. In the year year of of the the Declaration Declaration he he could could write write aa friend, friend, “I conserve. In the “I dread the Spirit often fail dread the Spirit of of Innovation.”54 Innovation.”** What What we we often fail to to see see is is that that such and still sort such aa dread dread is is what what made made him him a a rebel rebel and still aa New New England England sort of American/Englishman, American/Englishman, once once rebellion was done. done. Imbalance Imbalance of rebellion was through innovation should should be through foolish foolish innovation be expected, expected, in in aa republic, republic, to to draw draw its its support support from from the the lower lower orders orders of of society, society, as as aggravated aggravated by by ideologists and crafty ideologists and crafty demagogues. demagogues. Not Not from from the the senatorial senatorial class, class, Adams’ be the Adams’ beloved beloved republican republican gentlemen. gentlemen. And And Envy Envy would would be the cause. Titus Livius us nothing nothing to cause. Titus Livius tells tells us to the the contrary contrary Nor Nor the the favorite favorite of age, gloomy of Adams’ Adams’ old old age, gloomy Sallust. Sallust. Following Following their their example, example, he he thundered simple, centralizing thundered against against the the ““simple, centralizing schemes schemes of of Dr. Dr. Franklin defended the Franklin and and Tom Tom Paine”, Paine’”’, defended the institution institution of of senates, senates, aa strong and aa deference strong elected elected executive, executive, and deference toward toward law law in in the the conduct conduct of of popular popular assemblies.55 assemblies.® And And cried cried out out in in alarm alarm when when certain certain of of his his countrymen their own countrymen conflated conflated their own political political inheritance inheritance with with what what had begun in had in in 1789 1789 begun in France. France. But best way But the the best way to to measure measure the the indebtedness indebtedness of of John John Adams Adams to to the the history history (and (and historians) historians) of of the the Roman Roman Republic Republic is is to to look look outside his his published writings and and beyond beyond his his public public career: career: to to the the outside published writings correspondence of of his old age, age, and particularly his exchange with with correspondence his old and particularly his exchange Jefferson. One One scholar has observed observed that that ““‘. . .. .. the the greater greater part part of of Jefferson. scholar has AAdams’ dam s’ historical historical investigations investigations were were devoted devoted to to studying studying governments which which failed, failed, he he believed, believed, because because of of their their unbalanced unbalanced governments structure.’’** This This was was true true of of his his early early preparations preparations in in response response to to structure.”56 the the Stamp Stamp Acts. Acts. And And it it was was true true to to the the end.57 end.*’ Readings Readings in in Roman Roman history were, were, however, however, only only part part of of aa larger, larger, lifetime lifetime habit. habit. As As an an history aged man, he could could claim claim that that ““. . .. .. classics, classics, history history and and philosophy philosophy aged man, he have this day.”58 the repose have .. .. .. never never been been wholly wholly neglected neglected to to this day.’** For For the repose of these “in­ of his his spirit, spirit, the the support support of of his his judgement, judgement, he he found found these “‘indispensable”.59 dispensable’’.** The The senectutal senectutal epistles epistles prove prove these these words words to to be be no no ex­ exaggeration. aggeration. The The Virginian, Virginian, in in contrast, contrast, was was more more Greek Greek than than Roman. Roman. His His studies, like like his his experience, experience, had had made made him him sanguine. Above all all else, else, studies, sanguine. Above Adams found found in in classics classics warnings warnings against against men in the the mass, mass, unAdams men in un­

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restrained by authority, corrupted restrained by precept precept or or authority, corrupted by by flattering flattering politicians. politicians. Jefferson Jefferson (especially (especially in in Tacitus, Tacitus, Suetonius, Suetonius, and and other other authorities on authorities on the the Empire) Empire) saw saw more more of of aa caution caution against against concen­ concentration tration of of power power than than an an admonition admonition to to avoid avoid egalitarian egalitarian preach­ preachment, an “‘excess of words words in in the city”’. But But finally, finally, in in the the shadow of ment, an “excess of the city”. shadow of sectional conflict admission of as aa state, sectional conflict over over the the admission of Missouri Missouri as state, the the thought and language language of of the two old old friends/old friends/old enemies came thought and the two enemies came together. together. The The end end result result of of the the centralizing centralizing that that began began in in 1820 1820 was was both aa concentration both concentration of of power power and and triumph triumph for for the the popular popular spirit spirit of of endless endless adjuration adjuration over over “principles” “principles”: : the the new new founding founding of of Abraham Abraham Lincoln, spot on Lincoln, which which Adams, Adams, as as aa New New Englander, Englander, could could spot on the the horizon long before his Southern counterpart.60 The French horizon long before his Southern counterpart.” The French in­ influence combined, in the fluence combined, in the years years before before secession, secession, with with the the old old Puritan spirit Puritan montanism montanism to to undermine undermine the the civility civility and and public public spirit necessary republican cohesion. necessary to to republican cohesion. In In their their place place stood stood finally finally the the politics politics of of “continuing ‘‘continuing revolution” revolution” and and capital capital letter letter abstractions, abstractions, the Empire of the ““Empire of Equality Equality and and Liberty Liberty”” foreshadowed foreshadowed in in Webster’s Webster’s reply the Roman reply to to Hayne.61 Hayne.*' In In consequence, consequence, the Roman republican republican teaching teaching as aa serious as serious influence influence was was thereafter thereafter generally generally confined confined to to the the nomological South. There survived the dream of ordered liberty nomological South. There survived the dream of ordered liberty saluted saluted in in the the following following lines, lines, by by an an anonymous anonymous Charleston Charleston Whig Whig of of 1769: 1769: Parent of of Life! Life! true true Bond of Law! Law! Parent Bond of From whence whence alone alone our our Bliss Bliss we we draw, draw, From Thou! who who dids’t dids’t once once in in antient antient Rome, Thou! Rome, E’er E’er fell fell Corruption Corruption caus’d caus’d its its Doom, Doom, Reign Cato's godlike Reign in in a a Cato’s godlike Soul, Soul, And Brutus Brutus in in each Thought controul; controul; And each Thought Here, here Here, here prolong prolong thy thy wish’d wish’d for for Stay, Stay, To cheer each To bless bless and and cheer each passing passing Day, Day, Tho’ with with no no pompous pompous Piles Piles erect, erect, Tho’ Nor Nor sculptur’d sculptur’d Stones, Stones, thy thy shrine shrine is is deckt; deckt; Yet Yet here, here, beneath beneath thy thy fav’rite fav’rite Oak, Oak, Thy Aid Aid will will all thy SONS invoke. Thy all thy SONS invoke. Oh! Oh! if if thou thou deign deign to to bless bless this this Land, Land, And guide guide it it by by thy gentle Hand, Hand, And thy gentle Then shall AMERICA Then shal! AMERICA become become Rival, to to once once high-favour’d high-favour’d Rome Rome.”.62 Rival,

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AA Better Better Guide Guide Than Than Reason Reason This of the the politically politically good good II can can trace trace from from John John Randolph’s Randolph’s This vision vision of fulminations fulminations against against bankers, bankers, cities, cities, dole, dole, and and expediency expediency (alieni (alieni avidus sui sui profusus) profusus) to Tom W Watson’s against ‘‘A party for for avidus to Tom atson’s outcry outcry against “A party Pompey—A party party for for Caesar—No Caesar—No Party Party for for Rome.”63 Rome.’ And And beyond. beyond. Pompey—A

Until the the South South came came to to feel feel that that the the heritage of the the Republic had Until heritage of Republic had become become its its exclusive exclusive possession, possession, even even in in secession.64 secession.“ But But that that is is another essay. another essay. What then then did did Rome Rome mean mean to to the the original original Americans? Americans? What What What counsel did did its its early early history history contain? contain? And And what what must we conclude conclude counsel must we about our forefathers the about our forefathers from from their their somewhat somewhat selective selective devotion devotion to to the Roman analogue? analogue? Roman To begin begin with, with, in in so as the the original original national national identity identity derives To so far far as derives from aa reading reading of of early Roman history, history, our our first first Americans Americans did did not not from early Roman see in in independence independence aa sharp sharp departure departure from from the the identity identity they they see already enjoyed. enjoyed. Rather, Rather, both both of of these these developments developments were, were, above above already all protection of all else, else, necessities necessities for for the the protection of an an already already established established society: necessities necessities like like those those behind behind Rome’s Rome’s own own republican republican society: development. “Their ‘‘Their respect respect for them to their development. for [that] [that] past past brought brought them to their rebellious and and finally finally revolutionary revolutionary posture.”65 posture.’’** Even Even in in whatever whatever rebellious they attempted that they attempted that seemed seemed new. new. All All of of which which isis another another way way of of saying that Romanitas Romanitas on on these these shores, shores, to to whatever whatever extent that we we saying that extent that may demonstrate an indication indication that may demonstrate its its presence, presence, isis an that American American Whiggery isis (or Whiggery (or was) was) closer closer to to that that of of Edmund Edmund Burke Burke than than to to the the nostrums and Fox. to the nostrums of of Priestley Priestley and Fox. And And isis no no relation relation whatsoever whatsoever to the “virtue” “virtue” preached preached by by Robespierre. Robespierre. Burke’s Burke’s view view of of the the ancient ancient European orders transplants rather rather well well in in aa locally locally structured European orders transplants structured commonwealth with with no no nobility and no established church. church. Indeed, Indeed, commonwealth nobility and no established as Burke himself himself discovered discovered in in conflicts conflicts with with his his King, King, it it is is perhaps perhaps as Burke more consonant consonant with with aa pious, pious, xenophobic xenophobic republicanism republicanism under under aa more specified tradition qua law specified tradition gua law than than with with monarchy.66 monarchy. A A community community of of interdependent parts, inseparable and and yet yet distinct, distinct, was was the the natural natural interdependent parts, inseparable consequence of growth of as separate consequence of the the growth of thirteen thirteen colonies colonies as separate social, social, political, and economic units. The war with England had itself political, and economic units. The war with England had itself given given the the specific specific colonies colonies unto unto themselves themselves aa new new social social maturity maturity and cohesion, and cohesion, and and to to their their citizens citizens aa horror horror of of class class conflict conflict and and in­ internecine strife. strife. ternecine 22 22

Roman Roman History History and and the the Nation's Nation’s First First Identity Identity Roman history history taught taught that that all all of of this this was comRoman was natural: natural: aa com­ monwealth grown”, not monwealth “‘“‘grown”’, not made; made; aa definition definition by by history, history, not not by by doc­ doctrine or or lofty lofty intent; intent; and and aa general general recognition, recognition, negotiated negotiated in in the the trine dialectic of of experience, experience, that that all all Americans Americans had had together together aa corporate corporate dialectic destiny and and would would henceforth henceforth depend depend upon upon each other for for their their in­ indestiny each other dividual liberties. liberties. Confederation Confederation for for liberty: liberty: Roman Roman history history allow­ allowdividual ed liberty, meaning ed for for that that one one near-abstraction. near-abstraction. But But liberty, meaning collective collective self-determination self-determination and and dignity dignity under under aa piously-regarded piously-regarded common common law, regimes law, is is aa check check upon upon ideology, ideology, not not aa source.67 source.’ For For modern modern regimes the alternative alternative is is the the hegemony hegemony of of an an ideal ideal as as end, end, not not condition. the condition. And the the arrangement arrangement becomes becomes finally finally the the hegemony hegemony of of aa man, man, aa And despotism despotism which which makes makes aa noble noble noise. noise. Between Between 1775 1775 and and 1787, 1787, we we discovered no no new new doctrine. doctrine. We We left left that that to to the the English. English. SelfSelfdiscovered defense was was our our business. Courage and discipline were were displayed. displayed. defense business. Courage and discipline Also self-sacrifice. self-sacrifice. Furthermore, Furthermore, leaders leaders filled filled with with aa public spirit Also public spirit had appeared appeared and had earned earned the the confidence of their their compatriots compatriots: : had and had confidence of leaders leaders who who would would be be available available to to call call up, up, once once again, again, the the active active vir­ virtue tue which which had had preserved preserved “the “‘the walls walls of of the the city”. city”. King King John John and and the the Tarquins, Charles Charles II and James II II had had together together made made Americans Americans to to Tarquins, and James know what what was was wrong wrong with with “emperors” “emperors” and and with with George George IIT*Once know Ill^Once freed freed of of his his authority authority (and (and his his provocations) provocations) they they would would aspire aspire to to no overseas dominion, employ no mercenaries, deify no adno overseas dominion, employ no mercenaries, deify no ad­ ministrator, and and neglect no freeholding. freeholding. Or, Or, at at least least for for aa while, while, ministrator, neglect no they they would would go go from from what what and and where where they they were, were, many many and and one, one, aa The Federalist culture of of families, families, not not so so atomistic atomistic or or commercial commercial as as Fhe Federalist culture anticipates they they were were to to become. become. Not Not deracinated, deracinated, they they would would anticipates cherish the emotionally cherish the emotionally nourishing nourishing matrix matrix of of the the unpoliticized unpoliticized com­ communities attached. And they would munities to to which which they they were were primarily primarily attached. And they would keep “ democratical” component position in keep the the “‘democratical’? component of of their their position in perspec­ perspective, tolerating tive, tolerating no no Jacquerie Jacquerte (vide (vide Shays’ Shays’ Rebellion), Rebellion), no no divisive divisive feudal appointments—honoring feudal appointments—honoring their their most most deserving deserving citizens citizens with with office and good good repute, repute, as as in in history. history. Their Their only only innovative innovative engage­ engageoffice and ment would would be be in in the the creation creation of new states states in in the the “open” “open” lands lands to to ment of new the west—states west—states just just like like their their own! the own! All of of this this composition composition and more our our fathers fathers could could recognize recognize in in All and more the history history of of Rome, Rome, in in the the “laboratory of antiquity” antiquity”’ where where lessons lessons the “laboratory of 23 23

AA Better Better Guide Guide Than Than Reason Reason for their their not-so-new not-so-new science science of politics seemed seemed unmistakably unmistakably clear. clear. for of politics In between between us us and and these these self-evident self-evident truths truths stand stand the the W Warar Between Between In the States States and and other, other, subsequent subsequent (and (and derivative) the derivative) transformations. transformations. Plus from the Plus aa legion legion of of historians historians from the party party which which triumphed triumphed in in these these “other revolutions”. revolutions”. To To penetrate penetrate their their now now accepted accepted obfuscations obfuscations “other and to to see see the elder Rome Rome as as did did the the first American citizens and the elder first American citizens isis anan appropriate undertaking undertaking in these years years of of official official self-examination. self-examination. appropriate in these Appropriate, painful, painful, and and surprising. surprising. Appropriate, NOTES NOTES Hostility to to Plato Plato among among colonial colonial republicans republicans was was so so great great that that it it has has puzzled puzzled all all sub­ sub1.1. Hostility sequent are an sequent scholarship. scholarship. But But it it is is easily easily explained: explained: Plato’s Plato’s politics politics are an aa priori, priori, theoretical theoretical crea­ creation, derived derived not not from from experience experience but but from from high high doctrine doctrine and truth. See See pp. pp. tion, and propositional propositional truth. 178-179 of Richard M. M. Gummere’s Gummere’s The The American American Colonial Mind and and the the Classical Classical Tradition Tradition 178-179 of Richard Colonial Mind (Cambridge: Harvard Harvard University University Press, Press, 1963). 1963). (Cambridge: This attitude attitude toward toward history history as as aa humane humane or or ethical ethical study study was was an Augustan com2.2. This an Augustan com­ monplace. See for H. Trevor Colbourn’s The The Lamp and the monplace. See for instance instance H. Trevor Colbourn’s Lamp of of Experience: Expertence: Whig Whig History History and the Intellectual Origins the AmeHcan American Revolution Revolution (Chapel (Chapel Hill: Hill: University of North Carolina Press, Press, Intellectual Origins ofof the University of North Carolina 1965), pp. pp. 21-25; 21-25; James James William William Johnson’s Johnson’s The The Formation Formation of of English English Neo-Classical Neo-Classical Thought Thought 1965), (Princeton: Princeton Princeton University University Press, Press, 1967), 1967), pp. pp. 31-68; 31-68; and Daniel J. J. Boorstin’s Boorstin’s The The Lost Lost (Princeton: and Daniel World of of Thomas Thomas Jefferson Jefferson (Boston: (Boston: Beacon Beacon Press, Press, 1960), 1960), pp. pp. 218-219. 218-219. World 3.3. Cicero’s available only in fragments its arguments Cicero’s De De Republica Republica was was available only in fragments before before 1820. 1820. But But its arguments are are suggested suggested in in the the rest rest of of Tully. Tully. Cited in in full, full, with with the the appended comment which which II quote, quote, in in Roman Roman Civilization: Ciwilization: The The 4.4. Cited appended comment Republic Republic (New (New York: York: Columbia Columbia University University Press, Press, 1951), 1951), edited edited with with an an Introduction Introduction and and Notes by Naphtali Lewis Lewis and and Meyer Meyer Reinhold, Reinhold, pp. pp. 99-111. 99-111. Notes by Naphtali The Southern Southern Tradition at Bay Bay (New (New Rochelle, Rochelle, N.Y.: N.Y.: Arlington Arlington House, House, 1968), 1968), edited edited by by 5.5. The Tradition at George M.E. Bradford, Bradford, pp. pp. 98-111. 98-111. George Core Core and and M.E. 6.6. Hyperbolic full sweep Hyperbolic but but indispensable indispensable for for the the study study of of the the full sweep of of Roman Roman piety piety is is Fustel Fustel de Coulange’s Coulange’s century-old century-old The The Ancient Ancient City. City. II cite the Doubleday Doubleday Anchor Anchor Books Books edition, edition, New New de cite the York, also the Antiquities of the Stoic, York, 1955, 1955, pp. pp. 38-40 38-40 and and 136, 136, etet passim. passim. Consider Consider also the Antiquities of Varro Varro the Stoic, as as by Augustine Augustine in in the the Civitas Crurtas Dei. Det. •-represented represented by Roman Civilization, Civilization, p. p. 482 482 (from (from Natural Natural History, History, XXXV, 2). Polybius Polybius supports supports this this 7.7. Roman X X X V , 2). view: The The Histones Histories (New (New York: York: Twayne Twayne Publishers, Publishers, 1966), 1966), translated translated by by Mortimer Mortimer view: Chambers, by E. Chambers, with with an an introduction introduction by E. Badian, Badian, pp. pp. 261-262. 261-262. 8.8. But life on But not not in in its its essential essential impulse. impulse. Consider, Consider, for for illustration, illustration, Horace’s Horace’s image image ofoflife on the the Sabine Farm. Farm. Sabine Plutarch, Lives of the the Noble Noble Grecians Grecians and and Romans, Romans, translated translated by by John John Dryden Dryden and and revised 9.9. Plutarch, Lives of revised by Clough (New York: Random For support by Arthur Arthur Hugh Hugh Clough (New York: Random House, House, n.d.), n.d.), p. p. 999. 999. For support see see Cicero’s Cicero’s second 456). second oration oration against against Verres Verres {Roman (Roman Civilization, Civilization, p. p. 456). 10. R.H. R.H. Barrow. Barrow. The The Romans Romans (Baltimore: Penguin Books, Books, 1949), 1949), pp. pp. 11-14. 11-14. 10. (Baltimore: Penguin 11. Tacitus Tacitus is is as as often praised by by Old Old Whigs, and American, American, as as any any Roman Roman 11. often praised Whigs, English English and historian. And And his his Germania has become become infamous infamous as as aa point point of of departure for various various rhaphistorian. Germania has departure for rhap­ sodies on on the the need need for for gemeinschaft gemeinschaft and and the the merits merits of of the organic (that (that is, is, unphilosophical) unphilosophical) sodies the organic

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Roman Roman History History and and the the Nation’s Nation’s First First Identity Identity society. But his republicanism, apart apart from from aa few few portraits, portraits, is is too too indirect indirect for for the the purposes purposes of of society. But his republicanism, this this essay. essay. ItIt is, is, however, however, pervasive. pervasive. See See M.L.W. M.L.W. Laistner, Laistner, The The Greater Greater Roman Roman Historians Historians (Berkeley: University University of of California California Press, p. 114; 114; and and Michael Michael Grant, Grant, The The Ancient Anctent (Berkeley: Press, 1966), 1966), p. Historians Scribner’s Sons, pp. 271-305. Historians (New (New York: York: Charles Charles Scribner’s Sons, 1970), 1970), pp. 271-305. 12. Plutarch, life of by Cicero 12. Plutarch, p. p. 928. 928. From From his his life of Cato Cato Minor, Minor, expressed expressed by Cicero in in response response to to the the reduction by Uticensus, Uticensus, of of the abusive orator, orator, Clodius. Clodius. reduction by the abusive 13. 13. See See Livy, Livy, Book Book XXIV. XXIV. II employ employ here here the the text text as as translated translated by by Aubrey Aubrey de de Selincourt, Selincourt, The of ““The The History from Its The War War with with Hannibal, Hannibal, Books Books XX1-XXX XXI-XXX of History of of Rome Rome from Its Foundation Foundation”’” (Baltimore: (Baltimore: Penguin, Penguin, 1970), 1970), p. p. 253. 253. See See also also Laistner, Laistner, p. p. 89, 89, on on the the communal communal theme theme in in Livy. Livy. 14. Sallust, ‘The War War with with Jugurtha”, Jugurtha”, xli; xli; II cite cite the the Loeb Loeb Classical Classical Library Library edition, edition, 14. Sallust, “The edited J.C. Rolfe (Cambridge: Harvard Harvard University University Press, Press, 1921), 1921), p. p. 223. 223. See also Grant, Grant, edited by by J.C. Rolfe (Cambridge: See also pp. 201-207. pp. 201-207. 15. Polybius, p. 222. See See also also p. p. 193. 193. 15. Polybius, p. 222. 16. Grant writes (p. 228) 228) that that Livy’s Livy’s “account ‘‘account of of the the earlier earlier Republic Republic is is largely one long long 16. Grant writes (p. largely one narration of of traditional traditional Roman Roman virtues.” virtues.” narration 17. Polybius, Polybius, p. p. 229. 229. In support see see Livy, Livy, Book Book III, IH, xvii. cite the the Loeb Loeb edition, edition, edited edited by by 17. In support xvii. II cite B.O. B.O. Foster Foster (Cambridge: (Cambridge: Harvard Harvard University University Press, Press, 1939), 1939), pp. pp. 57-61: 57-61: the the speech speech of of Publius Publius Valerius. Also Also Grant, Grant, p. p. 240, seq. Valerius. 240, etet seq. 18. Livy, Livy, The The War War with with Hannibal, Hannibal, pp. pp. 154-155. 154-155. 18. 19. Ibid., Ibid., p. p. 385. 19. 385. 20. See See Livy, Livy, Books Books III III and and IV; IV; also also Joseph Joseph M. M. Lalley, Lalley, “The “The Roman Roman Example”, Example”, Modern Modern 20. Age, XIV, Age, XIV, (Winter, (Winter, 1969-1970), 1969-1970), 14. 14. 21. II derive derive here here (as (as did did our our fathers) fathers) from from Baron Baron de de Montesquieu. See David David Lowenthal’s Lowenthal’s 21. Montesquieu. See edition and translation translation of of Considerations Considerations on on the Causes of of the the Greatness Greatness of of the the Romans Romans and edition and the Causes and Their Their Decline (Ithaca: (Ithaca: Cornell Cornell University University Press, Press, 1968), 1968), pp. pp. 91-92. 91-92. Decline 22. Plutarch, Plutarch, “The ‘The Life Life of of Cato Cato Major”, Major”, p. 428. 22. p. 428. 23. Hannibal’s 23. In In this this connection connection II would would recommend recommend Arnold Arnold J. J. Toynbee’s Toynbee’s finest finest work, work, Hannibal’s Legacy (Oxford: The Life and Literature in Legacy (Oxford: The Clarendon Clarendon Press, Press, 1965); 1965); and and also also Tenney Tenney Frank’s Frank’s Life and Literature in the the Roman California Press, 1956), pp. Roman Republic Republic (Berkeley: (Berkeley: University University of of California Press, 1956), pp. 19-23. 19-23. 24. the Loeb 24. Sallust, Sallust, “The “The War War with with Catiline”, Catiline”, xxxvii; xxxvii; p. p. 63 63 of of the Loeb edition. edition. 25. xxxvii; still still p. 25. Ibid., Ibid., xxxvii; p. 63. 63. 26. Sallust, Sallust, “Speech “Speech of of the the Consul Consul Lepidus”, Lepidus”, iv; iv; p. p. 387 387 of of the the Loeb Loeb edition. edition. 26. 27. Sallust, Sallust, “The War with with Catiline”, Catiline’’, vii; vii; p. p. 13 13 of of the the Loeb Loeb edition. edition. 27. “The War 28. 28. Cicero’s Cicero’s vision vision of of the the social social order order depended depended upon upon his his confidence confidence in in the the “political ‘“‘political manners” of the orthodoxy”. Things Things in societas were manners” of of the the Romans, Romans, the the force force of the “public ‘‘public orthodoxy”. in this this societas were attempted in in the the way way of of political political change change only only in in an an accepted accepted fashion, fashion, aa manner manner which which attempted postulated loyalty to to Rome, Rome, regardless regardless of of personal personai success, success, or or else else the the result result would would be be postulated loyalty forfeiture of (nomological forfeiture of status status as as citizen. citizen. On On the the difference difference between between societas societas and and universitas universitas (nomological and Human Conduct Oxford and ideological teleological regimes) regimes) see see Michael Michael Oakeshott’s Oakeshott’s On On Human Conduct (London: (London: Oxford University Press, 1975), University Press, 1975), pp. pp. 199-206. 199-206. On On Cicero Cicero see see “Cicero ‘‘Cicero and and the the Politics Politics of of the the Public Public Orthodoxy”, D. Orthodoxy”, in in The The Intercollegiate Intercollegiate Review, Review, V V (Winter, (Winter, 1968-1969), 1968-1969), 84-100, 84-100, by by Frederick Frederick D. Wilhelmsen and and Willmoore Willmoore Kendall. Kendall. Wilhelmsen 29. Gummere, Gummere, pp. pp. 119 119 and and 18. 18. 29. 30. Ibid., p. 14. 14. 30. Ibid., p. 31. 31. Ibid., Ibid., p. p. 18. 18. 32. pp. 91-105. 91-105. Also Also Howard Howard Mumford Mumford Jones’ Jones’ splendid splendid chapter, chapter, “‘Roman Vir32. Johnson, Johnson, pp. Roman Vir­ tue”, and 96 The Viking Viking Press, 1964). Jones tue”, pp. pp. 227-272 227-272 and 96 of of 0O Strange Strange New New World World (New (New York: York: The Press, 1964). Jones helpfully includes includes illustrations illustrations of of Washington Washington carved carved as as aa Roman Roman senator. senator. helpfully 33. 33. See See Charles Charles F. F. Mullett, Mullett, “Classical “Classical Influences Influences on on the the American American Revolution”, Revolution”, The The Classical Journal, X X V (November, 37) that Classical Journal, X XXXV (November, 1939), 1939), 92-104. 92-104. Gummere Gummere admits admits (p. (p. 37) that the the re­ reformist temper, temper, coming down from from Puritanism, Puritanism, worked worked against against the the classical classical inheritance inheritance in in formist coming down New New England New England. England. New England remained remained aa universitas, universitas, even even when when Unitarian. Unitarian.

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AA Better Better Guide Guide Than Than Reason Reason more recent recent study study is is William William M Mullen’s for Expansion: Expansion: The The School School of of AA more ullen’s ““Republics Republics for Rome”e” {Anon, (Anion, n.s. n.s. Ill, HI, No. No. 33 [July-August, [July-August, 1976], 1976], 298-364). 298-364). Rom 34. William William Wirt, Wirt, Sketches of the Character of of Patrick Patrick Henry Henry (New (New York: York: McElrath McElrath and and 34. Sketches of the Life Life and and Character Bangs, 1835), 1835), p. p. 31. 31. Henry Henry also also read read one one political political theorist, theorist, Montesquieu, Montesquieu, whose whose constant constant text text Bangs, was Livy. Livy. See See Richard Richard Beeman, Beeman, Patrick Patrick Henry Henry (New (New York: York: McGraw-Hill, McGraw-Hill, 1974), 1974), p.p. 116. 116. was 35. Jay Jay Broadus Broadus Hubbell, Hubbell, The The South South in American Literature, Literature, 1607-1900 (Durham: Duke Duke 35. in Amencan 1607-1900 (Durham: University University Press, Press, 1954), 1954), p. p. 120. 120. 36. Quoted Quoted in in Kate Kate M. M. Rowland’s Rowland’s The The Life Life of of George George Mason Mason 1725-1792 1725-1792 (New (New York: York: G.P. 36. G.P. Putnam’s Sons, Sons, 1892), 1892), vol. vol. I, I, p. p. 169. 169. Putnam’s 37. Gummere, Gummere, p. p. 186. 186. 37. 38. Mullett, Mullett, p. p. 104. 104. Henry, Henry, of of course, course, was was not not unique unique in in this this emulation. emulation. And And it it may may have have 38. been unselfconscious, unselfconscious, the the reflex reflex of of an intense admiration admiration like like that that of of Charles Charles Lee, Lee, when when he he been an intense told Henry, Henry, “‘II us’d us’d to to regret regret not not being being thrown thrown into into the the World World in in the the glorious glorious third third or or fourth fourth told century of of the the Rom Romans” changed when when he he could could say say that that his his classical classical republican republican dreams dreams century ans” but but changed “at length length bid bid fair for being realized.” (Quoted (Quoted in in Gordon Gordon S. S. W Wood’s Creation of the “at fair for being realized.” ood’s The The Creation of the American Republic, Republic, 1776-1789 (Chapel Hill: Hill: University University of of North North Carolina Carolina Press, Press, 1969], 1969], p. p. 53). American 1776-1789 [Chapel 53). 39. 39. Gummere, Gummere, p. p. 107. 107. 40. P. 84 84 in Empire and and Nation, Nation, containing From aa Farmer Farmer in in Pennsylvania” Pennsylvania” and and 40. P. in Empire containing “‘Letters Letters From Richard Lee’s ““Letters Letters From Richard Henry Henry Lee’s From the the Federal Federal Farmer” Farmer” (Englewood (Englewood Cliffs, Cliffs, N.J.: N.J.: PrenticePrenticeHall, Inc., Inc., 1962), 1962), edited edited with with an an Introduction Introduction by by Forrest Forrest McDonald. McDonald. Hall, 41. Ibid., p. xiv. xiv. 41. Ibid., p. 42. Ibid., and 10. 42. Ibid., pp. pp. 35 35 and 10. 43. Ibid., Ibid., p. p. 71. 71. 43. 44. The The best best description of this this middle middle party, party, who who made made the Revolution possible 44. description of the Revolution possible and and then then controlled its its results results (away (away from from Jacobinism) Jacobinism) in in drawing drawing up up the the Constitution, Constitution, is is in in Merrill Merrill controlled Jensen’s 1763-1776 (New Jensen’s The The Founding Founding of of aa Nation: Nation: A A History History of of the the Amencan American Revolution, Revolution, 1763-1776 (New York: York: Oxford University University Press, Press, 1968). 1968). John John Dickinson, as their their spokesman, spokesman, went went so so far far as as to to oppose oppose Oxford Dickinson, as the the Declaration Declaration of of Independence Independence as as both both too too early early and and too too ambiguous ambiguous in in language. language. But But he he accepted the the results results and and went went out out with with his his neighbors. neighbors. Dickinson’s Dickinson’s greatest greatest influence influence may may accepted have have been been toward toward the the establishment establishment of of aa Continental Continental Congress Congress and, and, in in the the Constitutional Constitutional Convention States Senate two seats Convention of of 1787, 1787, in in the the creation creation of of aa United United States Senate with with two seats for for each each state. state. Bobbs45. The Political 45. George George A. A. Peck, Peck, Jr., Jr., editor. editor. The Political Writings Writings of of John John Adams Adams (Indianapolis: (Indianapolis: BobbsMerrill, 1954), 1954), p. p. xxiv xxiv of of the editor’s Introduction. Introduction. Merrill, the editor’s 46. Colbourn, p. 96. 96. Also The Political Writings of of John John Adams, Adams, p. p. 44. 44. 46. Colbourn, p. Also The Political Writings 47. Colbourn, p. 87. was aa chauvinistic New Englander Englander and and therefore therefore blind blind to to the 47. Colbourn, p. 87. Adams Adams was chauvinistic New the differences the antinomian, “revealed politics” differences between between his his own own legalism legalism and and the antinomian, “revealed politics” of of Cromwell Cromwell and other Puritans. Puritans. He He seems seems not to know that many many Erastians Erastians followed followed Charles Charles I. I. But But he he is is and other not to know that clear about clear about the the settlement settlement of of 1688-1689. 1688-1689. 48. Gilbert Polybius and American Constitution”, of 48. Gilbert Chinard, Chinard, ““‘Polybius and the the American Constitution”, Journal Journal of of the the History History of Ideas, I1 (January, (January, 1940), 1940), 38-58. 38-58. See See also also Richard Richard M. M. Gummere’s Gummere’s “The “The Classical Classical Politics Politics of of Ideas, John Adams”, Adams”, Boston Boston Public Public Library Library Quarterly, Quarterly, IX IX (October, (October, 195-7), 1957), 167-182 167-182 and and Zoltan Zoltan John Haraszti, John John Adams Adams and the Prophets Prophets of of Progress Progress (Cambridge, (Cambridge, Mass.: Mass.: Harvard Harvard University University Haraszti, and the Press, 1952). 1952). On the link link between between the the Whigs Whigs and and Polybius Polybius see see Zera Zera S. S. Fink, Fink, The The Classical Classical Press, On the Republicans Republicans (Evanston, (Evanston, 111.: Ill.: Northwestern Northwestern University University Press, Press, 1945). 1945). 49. 49, Colbourn, Colbourn, p. p. 102. 102. 50. John Adams, p. xv. 50. The The Political Political Wntings Writings of of John Adams, Peck’s Peck’s Introduction, Introduction, p. xv. 51. 260. 51. Jones, Jones, p. p. 260. 52. Livy, Livy, III; III; p. p. 121 121 of of the Loeb edition. edition. Also Also Peck’s Peck’s Introduction Introduction to to Adams’ Adams’ Political 52. the Loeb Political Wntings, Writings, p. p. xviii. xviii.

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Roman Roman History History and and the the Nation's Nation’s First First Identity Identity 53. States (1786-1787). 53. II refer refer to to nis nis A A Defence Defence of of the the Constitutions Constitutions of of Government Government of of the the United United States (1786-1787). Here and and in in his his early Dissertation on on the the Canon Canon and and Feudal Feudal Law Law (1765). (1765). Adams Adams identifies New Here early AA Dissertation identifies New England as as the the perfection perfection of of the the English English tradition. tradition. England 54. Colbourn, Colbourn, p. 87. 54. p. 87. 105, 119, and 132. 55. of John 55. The The Political Political Writings Writings of John Adams, Adams, pp. pp. 105, 119, and 132. 56. 56, Colbourn, Colbourn, p.p. 87. 87. 57. See vol. VI, pp. 12, 12, 43, 43, 86-87, 86-87, 209, 209, 217, and 243 243 of Adams’ Works, Works, the edition of of 57. See vol. VI, pp. 217, and of Adams’ the edition Charles Little, Brown, the influence Roman Charles Francis Francis Adams Adams (Boston: (Boston: Little, Brown, 1850-1856). 1850-1856). But But the influence of of Roman history is is evident throughout his his political political writings. writings. See See especially especially the Novanglus (1774-1775). (1774-1775). history evident throughout the Novanglus 58. Colbourn, p. 85. 85. By By “philosophy” he meant, meant, for for the the most most part, part, ethics ethics and and “political “‘political 58. Colbourn, p. “philosophy” he philosophy”. philosophy”. 59. Gummere, Gummere, p. p. 193. 193. 59. 60. Adams Adams in in answering answering Governor Governor Hutchinson, Hutchinson, 1773. 1773. Quoted Quoted by by Colbourn, Colbourn, p. p. 93. 93. The The 60. difference between paper and and the the rantings rantings of of other other Sons Sons of of Liberty Liberty is is instructive. instructive. Such Such difference between this this paper radicals, of of course, course, existed. existed. But But the the Revolution Revolution was not finally finally their their show. show. radicals, was not 61. 61. See See Richard Richard Weaver’s Weaver’s “Two ‘“Two Orators”, Orators”, Modern Modern Age, Age, XVI XVI (Summer-Fall, (Summer-Fall, 1970), 1970), 226226242. 242. 62. Quoted from the South South Carolina that the 62. Hubbell, Hubbell, p. p. 161. 161. Quoted from the Carolina Gazette. Gazette. II suspect suspect that the author author may may have See Jones, Richard have been been William William Henry Henry Drayton. Drayton. See Jones, p. p. 254, 254, for for aa related related passage passage from from Richard Henry Henry Lee. Lee. 63. 63. This This echo echo from from Sallust’s Sallust’s “The ‘“The War War with with Catiline”, Catiline”’, iii, iii, is is quoted quoted on on p. p. 164 164 of of Russell Russell Kirk’s Politics (Chicago: Kirk’s John John Randolph Randolph of of Roanoke: Roanoke: A A Study Study in in American American Politics (Chicago: Henry Henry Regnery, Regnery, 1964) 1964) and from “republican and is is part part of of an an extended extended philippic philippic against against American American declensions declensions from “republican virtue”; virtue’’; Watson’s remark seems seems to to come come from from Cato Cato M Minor’s in Lucan’s Lucan’s Pharsalia. Pharsalia. See See C. C. W atson’s remark inor’s orations orations in Vann Vann Woodward’s Woodward’s Tom Tom Watson: Watson: Agrarian Agrartan Rebel Rebel (Savannah: (Savannah: The The Beehive Beehive Press, Press, 1973), 1973), pp. pp. 109 109 and 353. 353. and 64. A A good good illustration illustration isis Major Major Buchan, Buchan, the the patriarch patriarch in in Allen Allen Tate’s Tate’s The The Fathers Fathers 64. (Denver: Swallow, 1960). (Denver: Alan Alan Swallow, 1960). 65. Colbourn, Colbourn, p. p. 186. 186. 65. 66. Indeed, Indeed, no no society society is is likely likely to to be be as as xenophobic xenophobic as as aa radically radically homogenous homogenous republic. republic. 66. The only only equivalent equivalent would would be be aa monarchy monarchy uniting uniting strictly strictly patriarchal patriarchal tribes. tribes. The 67. See See Richard Richard Henry Henry Lee, Lee, An Additional Number Number of of Letters Letters from from the the Federal Federal Farmer Farmer to to the the 67. An Additional Republican (Chicago: (Chicago: Quadrangle Quadrangle Books, Books, 1962), 1962), p. p. 178. Reprint of of the the edition edition of of 1788. 1788. Republican 178. Reprint 68. Wood, Wood, pp. 68. pp. 51-52. 51-52.

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THE THE HERESY HERESY OF OF EQUALITY: EQUALITY: AA REPLY REPLY TO TO HARRY HARRY JAFFA JAFFA II Let us have have no no foolishness foolishness indeed.* Equality as as aa moral moral or or Let us indeed.* Equality

political imperative, imperative, pursued pursued as as an an end end in in itself—Equality, itself—Equality, with with the political the capital E ”—is the capital “‘“‘E”—is the antonym antonym of of every every legitimate legitimate conservative conservative prin­ principle. ciple. Contrary Contrary to to most most Liberals, Liberals, new new and and old, old, it it isis nothing nothing less less than opportunity (ethan sophistry sophistry to to distinguish distinguish between between equality equality of of opportunity (equal starts in the the ““‘race life’?) and and equality equality of condition (equal (equal qual starts in race ofof life”) of condition results). equal can results). For For only only those those who who are are equal can take take equal equal advantage advantage of of aa given equal toto any given circumstance. circumstance. And And there there is is no no man man equal any other, other, except except perhaps perhaps in in the the special, special, and and politically politically untranslatable, untranslatable, understand­ understanding of of the Deity. Not Not intellectually intellectually or or physically physically or or economically economically or or even even ing the Deity. self-evident morally morally. . Not Not equal! equal! Such Such is, is, of of course, course, the the genuinely genuinely self-evident proposition.’ Its Its truth truth finds verification in in our our bones bones and proposition.1 finds aa verification and isis demonstrated in the unselfconscious unselfconscious acts acts of of our our everyday everyday lives: vital demonstrated in the lives : vital proof, regardless regardless of our private private political political persuasion. persuasion. Incidental Incidental proof, of our equality, engendered engendered by by the of other other objectives, objectives, is, is, to to be be equality, the pursuit pursuit of sure, another another matter. matter. Inside Inside the the general general history of the the West West (and (and es­ essure, history of pecially can be pecially within within the the American American experience) experience) it it can be credited credited with with aa number number of of healthy healthy consequences: consequences: strength strength in in the the bonds bonds of of com­ com-

This essay essay isis aa direct direct response response toto Harry Harry Jaffa’s Jaffa’s ‘Equality “ Equality asas aa Conservative Conservative Principle,” Principle,” ** This 471-505, which Loyola Angeles Law Loyola of of Los Los Angeles Law Review, Review, VIII VIII (June, (June, 1975), 1975), pp. pp. 471-505, which is is itself itself aa critique critique of of The The Basic Basic Symbols Symbols of of the the American American Political Political Tradition Tradition by by Willmoore Willmoore Kendall Kendall and and George George W. W. Carey. Lincoln’s Lincoln’s reading reading of of the the Declaration Declaration of Independence is is the the central central subject of this this enCarey. of Independence subject of en­ tire tire exchange. exchange. Jaffa’s Jaffa’s piece piece invites invites direct direct comparison comparison with with mine. mine.

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munity, munity, assent assent to to the the authority authority of of honorable honorable regimes, regimes, faith faith in in the the justice of of the the gods. gods. justice But the the equality of Professor Jaffa’s essay, essay, even even in the ordinary ordinary But equality of Professor Jaffa’s in the sense of ““‘equal equal rights”, can be sense of rights”, can be expected expected to to work work the the other other way way around. this equality around. For For this equality belongs belongs to to the the post-Renaissance post-Renaissance world world of of ideology—of political political magic magic and and the the alchemical alchemical ‘“‘science”’ of ideology—of “ science” of politics. basis of politics. Envy Envy isis the the basis of its its broad broad appeal. appeal. And And rampant rampant envy, envy, the the besetting besetting virus virus of of modern modern society, society, is is the the most most predictable predictable result result of insistence insistence upon its realization.2 realization.” Furthermore, Furthermore, hue hue and cry over over of upon its and cry equality leads, aa fortiori equality of of opportunity opportunity and and equal equal rights rights leads, fortiori, , to to aa final final demand demand for for equality equality of of condition. condition. Under Under its its pressure pressure self-respect self-respect gives way reached the gives way in in the the large large majority majority of of men men who who have have not not reached the level their expectation, level of of their expectation, who who have have no no support support from from an an inclusive inclusive identity, revenge” on those who identity, and and who who hunger hunger for for “‘“‘revenge” on those who occupy occupy aa higher that advanadvan­ higher station station and and will will (they (they expect) expect) continue continue to to enjoy enjoy that tage. The tage. The end end result result is is visible visible in in the the spiritual spiritual proletarians proletarians ofof the the ““lonely lonely crowd”. crowd’’. Bertrand Bertrand de de Jouvenel Jouvenel has has described described the the process process which produces produces such such non-persons non-persons in his memorable memorable study, study, On which in his On Power.>.3 They They are are the the natural natural pawns pawns of of an an impersonal impersonal and and om­ omPower nicompetent Leviathan. And to to insure insure their their docility docility such such a astate nicompetent Leviathan. And state isis certain new class” class” of certain to to recruit recruit aa large large “‘‘new of men, men, persons persons superior superior in in “ability” and authority, “ability” and authority, both both to to their their ostensible ostensible “masters” ‘‘masters” among among the people people and and to to such anachronisms as as stand stand in in their their progressive progressive the such anachronisms way. way. Such is is the of the the recent recent past—and particularly of of Such the evidence evidence of past—and particularly American fracturing and American history. history. Arrant Arrant individualism, individualism, fracturing and then then destroying the hope hope of destroying the of amity amity and and confederation, confederation, the the communal communal bond and and the the ancient ancient vision vision of of the the good good society society as as an an extrapolation extrapolation bond from family, family, isis one one villain villain in in this this tale. tale. Another Another is is rationalized from rationalized cowardice, cowardice, shame, shame, and and ingratitude ingratitude hidden hidden behind behind the the disguise disguise of of self-sufficiency self-sufficiency or or the the mask mask of of injured injured merit. merit. Interdependence, Interdependence, which secures secures dignity dignity and and makes makes of of equality equality aa mere mere irrelevance, irrelevance, is is which the principal principal victim. victim. Where Where fraternity fraternity exists exists to to support support the the official official the structure of of government, government, it it can can command command assent assent with with no no fear fear of of be­ bestructure ing called called despotic despotic or prejudiced in component of of the the ing or prejudiced in behalf behalf ofof one one component 30 30

The Heresy Heresy of of Equality Equality The

society itit represents. But behind (the chief society represents. But behind the the cult cult of of equality equality (the chief if if not not

only tenet tenet in theology, and his link pseudo­ only in Professor Professor Jaffa’s Jaffa’s theology, and his link to to the the pseudoreligious politics the religious politics of of ideology) ideology) is is an an even even more more sinister sinister power, power, the uniformitarian hatred stop at uniformitarian hatred of of providential providential distinctions distinctions which which will will stop at

nothing less than than what Eric Voegelin Voegelin calls calls “a ‘“‘a reconstitution reconstitution of of nothing less what Eric

being” : aa nihilistic being”’: nihilistic impulse impulse which which is is at at bottom bottom both both frightened frightened and and vain in of aa given its arrogation arrogation of vain in its its rejection rejection of given contingency contingency and and in in its of aa godlike authority to annul annul that Penn godlike authority to that dependency.4 dependency.* As As Robert Robert Penn Warren has recently reminded reminded us, distinctions drawn drawn from from an Warren has recently us, distinctions an enen­ counter an external counter with with an external reality reality have have been been the the basis basis for for the the intellec­ intellectual life life as as we we have have known known it: it: prudent prudent and and tentative distinctions, tual tentative distinctions, but of that but seriously seriously intended.5 intended.’ With With the the reign reign of of equality equality all all of that achievement set at at peril. peril. achievement isis set IIII

So in prologue. So much much in prologue. Concerning Concerning equality equality Professor Professor Jaffa Jaffa and and disagree profoundly; profoundly; disagree disagree even even though though we we both both denominate denominate II disagree ourselves conservative. conservative. Yet Yet this this distinction distinction does not finally finally exhaust exhaust ourselves does not or Jaffa’s opening indicate that or explain explain our our differences. differences. For For Jaffa’s opening remarks remarks indicate that his relatively recent and is, his conservatism conservatism is is of of aa relatively recent variety variety and is, in in substance, substance, Old under aa Union contrary II Old Liberalism Liberalism hidden hidden under Union battle battle flag. flag. To To the the contrary maintain that ifif conservatism maintain that conservatism has has any any identity identity whatsoever whatsoever beyond beyond mere mere recalcitrance recalcitrance and and rationalized rationalized self-interest, self-interest, that that identity identity must must incorporate the the “funded “funded wisdom wisdom of of the the ages” ages” as that deposition deposition incorporate as that comes comes down down through through aa particular particular national national experience. experience. Despite Despite modifications within within the the prescription prescription of of aa continuum continuum of of political modifications political life, argue that life, only only aa relativist relativist or or historicist historicist could could argue that American American con­ conservatism servatism should should be be an an utterly utterly unique unique phenomenon, phenomenon, without without antecedents antecedents which which predate predate 1776 1776 and and unconnected unconnected with with the the mainstream of English and and European European thought thought and and practice practice known known mainstream of English to our our forefathers forefathers in in colonial colonial times. times. Jaffa Jaffa of of course course nods nods toward one to toward one face face of of Locke Locke and, and, by by implication, implication, the the chiliastic chiliastic politics politics of of Cromwell’s England heirs.6 doubt that Cromwell’s New New England heirs.* And And II have have no no doubt that he he can can add add to to this this hagiography hagiography a a selective selective (and (and generally generally misleading) misleading) list list 31 31

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of earlier his view. of earlier patrons patrons of of his view. II cannot cannot in in this this space space encounter encounter the the full To specify full spectrum spectrum of of Straussian Straussian rationalism. rationalism. To specify what what II believe believe to to

be lacking lacking in in Jaffa’s Jaffa’s conservative conservative model model (and (and wrong wrong with with the the in­ inbe tellectual its validation), validation), itit will tellectual history history he he uses uses in in its will serve serve better better for for fne me to concentrate concentrate first first on on how how II read read the the Declaration of Independence Independence to Declaration of and then then append, in abbreviated abbreviated form, form, my my estimation estimation of of Lincoln’s Lincoln’s and append, in lasting and and terrible terrible impact impact on on the the nation’s nation’s destiny through his his dislasting destiny through dis­ tortions upon upon that that text. text. This This of of course course involves involves me me incidentally incidentally in in tortions Jaffa’s Jaffa’s quarrel quarrel with with Kendall-Carey Kendall-Carey and and The The Basic Basic Symbols Symbols of of the the American American Political Political Tradition. Tradition. But But itit must must be be understood understood that that my my ob­ object ject is is not not to to defend defend these these worthy worthy gentlemen. gentlemen. To To the the contrary, contrary, my my primary of the primary interest interest is is in in aa more more largely largely conservative conservative view view of the questions questions over over which which they they and and Professor Professor Jaffa Jaffa disagree. disagree. And And therefore, incidentally with therefore, incidentally with the the operation operation and and quality quality of of my my adver­ adversary’s so very sary’s mind mind which which lead lead him him to to conclusions conclusions so very different different from from mine. With those to organize my mine. With those concerns concerns II propose propose to organize and and conclude conclude my remarks. remarks. Il Ill

Professor Jaffa begs Professor Jaffa begs aa great great many many questions questions in in his his comment comment on on the mistake isis an error, and the Declaration. Declaration. But But his his greatest greatest mistake an open open error, and sup­ supported by by considerable considerable precedent precedent in in both both academic academic and and political political ported circles. truth, his approach isis an circles. In In truth, his approach an orthodox orthodox one, one, at at least least in in our our radical treatment of radical times. times. II refer refer to to his his treatment of the the second second sentence sentence of of that that document in abstraction from its document in abstraction from its whole: whole: indeed, indeed, of of the the first first part part of of that its remainder, remainder, to that sentence sentence in in abstraction abstraction from from its to say say nothing nothing of of the Declaration (and (and later the larger larger text. text. Jaffa Jaffa filters filters the the rest rest of of the the Declaration later ex­ expressions the American political faith) faith) back and forth pressions of of the American political back and forth through through the measure measure of of that that sentence sentence until until he has (or (or so so he imagines) the he has he imagines) achieved its its baptism baptism in in the the pure pure waters waters of of the the higher higher law. law. He He quotes quotes achieved Lincoln approvingly that that “the ‘“‘the doctrine doctrine of of human equality was was ‘the ‘the Lincoln approvingly human equality father moral principle father of of all all moral principle [amongst [amongst us].’ us].’ ”7 ’” Jaffa Jaffa sets sets up up aa false false dilemma: we we must must be, be, as as aa people, people, “committed” ‘“‘committed” to to Equality Equality or or we we dilemma: are “open “open to to the relativism and that is is the the theoretical theoretical are the relativism and historicism historicism that 32 32

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ground is, of ground of of modern modern totalitarian totalitarian regimes.” regimes.” The The Declaration Declaration is, of course, the the origin origin of of that that commitment commitment to to “permanent “permanent standards”. course, standards”. And comes from And particularly particularly the the second second sentence. sentence. The The trouble trouble here here comes from an of the the habit an imperfect imperfect grasp grasp of the Burkean Burkean calculus. calculus. And And from from the habit of of reading legal, legal, poetic, poetic, and and rhetorical rhetorical documents documents as as if if they they were were bits bits reading of truth or of revealed revealed truth or statements statements of of systematic systematic thought. thought. My My objec­ objections from those tions derive derive principally principally from those anti-rationalist anti-rationalist realms realms of of dis­ discourse. course. For For II assume, assume, with with Swift, Swift, that that man man is is aa creature creature capable capable of of reason, Therefore the the head reason, capax capax rationis rationis, , but but not not aa rational rational animal. animal. Therefore head and heart heart must must be be engaged engaged together together where where instruction instruction is is and attempted. The The burden burden of of poetry poetry and and rhetoric rhetoric is is inherent inherent in in the the attempted. form its meaning form through through which which the the idea idea is is embodied: embodied: its meaning is is its its way way of of meaning, paraphrase. And achieves that meaning, not not aa discursive discursive paraphrase. And it it achieves that mean­ meaning procedure we are taught taught from ing as as it it unfolds. unfolds. According According to to this this procedure we are from of of old the sensibility sensibility reordered. old that that the the soul soul may may be be composed, composed, the reordered. Reason enters and draws Reason enters into into this this process process with with modesty modesty and draws its its sanc­ sanction tion for for whatever whatever new new truth truth itit may may advance advance from from cooperation cooperation with with sources sources and and authorities authorities that that need need produce produce no no credentials credentials nor nor prove prove up the audience as in and up any any title title with with the audience assumed. assumed. For For in in poetry poetry as in law law and rhetoric all all matters matters are are not not in in question. question. There prescription, or or rhetoric There isis aa prescription, something something equivalent equivalent to to what what Burke Burke calls calls by by that that name. name. And And usual­ usually channel and Tropes and ly aa theology theology to to channel and gloss gloss the the prescript. prescript. Tropes and figures, figures, terms weighted weighted more more or or less less by by usage, usage, norms norms of value configured configured terms of value and dramatic dramatic sequences sequences of of associated actions discovered discovered through through and associated actions an history operate an unbroken unbroken stream stream of of place place and and blood blood and and history operate in in this this mode mode of of communication communication as as something something logically logically prior prior to to the the matter matter under under examination. examination. And And likewise likewise the the law, law, especially especially where where the the rule rule stare decisis decisis. . Where Where myth or precedent precedent or or some other part part of of the isis stare myth or some other the “wise prejudice” prejudice” of of aa people presupposed and and identity therefore “wise people isis presupposed identity therefore converted into into aa facet facet of of ontology, ontology, aa providential providential thing thing converted (“inalienable” in that that word’s word’s oldest oldest sense, sense, not not to to be voted, given, given, or or (“ inalienable” in be voted, reasoned away), away), there there is is nothing nothing for for mere mere philosophy philosophy to say. And And reasoned to say. that philosophe abstraction, political political Man, Man, who who once once theoretically theoretically that philosophe abstraction, existed outside aa social existed outside social bond, bond, nowhere nowhere to to be be seen. seen. As As aa wise wise man man wrote, “Where ‘‘Where the the great great interests interests of of mankind mankind are concerned wrote, are concerned 33 33

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through aa long that succession through long succession succession of of generations, generations, that succession ought ought to to be in the be admitted admitted into into some some share share in the councils councils which which are are so so deeply deeply to to affect .”8 For For the com­ affect them them.’* the “moral “‘moral essences” essences” that that shape shape aa commonwealth are any theory: monwealth are “not “‘not often often constructed constructed after after any theory: theories theories are are rather ”—the natural rather drawn drawn from from them them”’—the natural law, law, made made partially partially visible visible only prescription, but but made visible nonetheless.9 nonetheless.’ only inin the the prescription, made visible IV IV

To anyone anyone familiar familiar with with English English letters letters and the English English mind mind To and the in the seventeenth in the seventeenth and and eighteenth eighteenth centuries, centuries, the the Declaration Declaration of of Independence is is clearly clearly aa document document produced produced out of the the mores mores ma­ maIndependence out of jorum —legal, rhetorical, poetic—and not reasoning or jorum—legal, rhetorical, poetic—and not aa piece piece of of reasoning or systematic truth. means anything systematic truth. No No sentence sentence of of its its whole whole means anything out out of of context. context. It It unfolds unfolds seriatim seriatim and and makes makes sense sense only only when when read read through. in aa through. Furthermore, Furthermore, what what itit does does mean mean is is intelligible intelligible only only in matrix matrix of of circumstances—political, circumstances—political, literary, literary, linguistic, linguistic, and and mun­ mundane. Nevertheless, Nevertheless, no dane. no one one trained trained to to move move in in the the rhetorical rhetorical world world of relativistic statement of Augustan Augustan humanism humanism would would take take it it for for aa relativistic statement any more than than they they would would describe describe Dryden’s Dryden’s Religio Religio Laid Laici, , Ad­ Adany more dison’s Cato, Johnson’s or Burke’s Burke’s Reflections Reflections on on the the Revolu­ Revoludison’s Ca/o, Johnson’s Rasselas, Rasselas, or tion France in in that that fashion.10 fashion.'° Jaffa Jaffa revives revives the the error of his his master, master, tion inin France error of Leo Strauss, in Leo Strauss, in speaking speaking of of the the bugbear bugbear historicism historicism and and of of “mere ‘‘mere prescriptive rights”.11 rights”’.'' For For it it is is in in our our day day the alternatives which which prescriptive the alternatives carry with with them them a a serious serious danger danger of of the the high-sounding desvot. carry high-sounding despot. Radicals (to use meaning the Radicals (to use his his term, term, meaning the Liberals Liberals who who see see in in politics politics Sciences” and aa new new “Queen ‘‘Queen of of the the Sciences” and employ employ aa sequence sequence of of private private revelations to exalt exalt her her condition) believe in in aa ““higher revelations to condition) believe higher law’’—have law”—have done so so at at least least since since the the politics politics of secularized Puritanism Puritanism first done of secularized first appeared appeared in in European European society.12 society.’ Even Even Marxists Marxists finally finally worship worship the the demiurge of history—and history—and rest rest the the remainder remainder of of their their argument argument demiurge of upon that that authority. authority. And And the the goddess goddess Reason Reason is is still still with with us, us, upon available to sanction sanction whatever whatever her hand finds finds to to do do in in erasing available to her hand erasing all all that survives survives from from what what Peter Peter Gay Gay rightly rightly labels the mythopoeic mythopoeic that labels the vision.'? II agree agree with with Professor Professor Jaffa Jaffa concerning concerning the the danger danger of of vision.13

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The The Heresy Heresy of of Equality Equality

relativism. relativism. A A Christian Christian must. must. And And also also about about behavioristic behavioristic political political science. science. Such Such study study is is description description only, only, or or else else mere mere manipulation. manipulation. But, resist the tendency to But, hunger hunger for for the the normative normative aside, aside, we we must must resist the tendency to thrust thrust familiar familiar contemporary contemporary pseudo-religious pseudo-religious notions notions back back into into texts they are Englishman of texts where where they are unlikely unlikely to to appear. appear. Any Any Englishman of 1776 1776 (colonial not) should expected to (colonial or or not) should not not be be expected to construe construe natural natural rights rights so perhaps for so rigorously rigorously as as Justice Justice Black—except Black—except perhaps for hyperbole hyperbole in in argument. In between our day and that first July 4 stand a number argument. In between our day and that first July 4 stand a number of years of of revolutions, revolutions, especially especially the the French. French. And And also also two two hundred hundred years of liberal liberal and and radical radical thought. thought. We We are are bemused bemused by by the the spectre spectre of of Locke to some some of Locke (an (an authority authority to of the the revolutionary revolutionary generation, generation, but but read and in of Sir Coke and read loosely loosely and in the the light light of Sir Edward Edward Coke and William William Petyt, Petyt, and Right, and 1689 Declaration of and the the 1628 1628 Petition Petition of of Right, and the the 1689 Declaration of Rights).14 The legacy English common Rights)."* The legacy of of English common law law is is lost lost upon upon us. us. And And in we have forgotten, among Edmund in the the process process we have forgotten, among other other things, things, that that Edmund Burke is our best guide to the main-line of Whig thought: Burke is our best guide to the main-line of Whig thought: not not Locke Locke or Paine, or even Harrington, but Burke. It is, of course, a truism or Paine, or even Harrington, but Burke. It is, of course, a truism that that all all colonial did their colonial Americans Americans did their political political thinking thinking inside inside the the post-1688 post-1688 Whig years ago Whig legal legal tradition.15 tradition.'* Some Some years ago Professor Professor Jaffa Jaffa attempted attempted to to counter this objection to counter this line line of of objection to his his Lincolnian Lincolnian construction construction of of the the Declaration by setting Locke (plus Declaration by setting Paine Paine and and Locke (plus an an irrelevant irrelevant bit bit of of American: The Blackstone) Blackstone) upon upon Daniel Daniel J. J. Boorstin’s Boorstin’s excellent excellent The The American: The Colonial doing hehe only Colonial Experience. Experience. But But in in so so doing only evaded evaded his his antagonist antagonist and obfuscated question ofof what behind and obfuscated the the question what is is typically typically Whig Whig and and behind our so consistent consistent aa source source of our “revolution”.16 “revolution”’.'* For For Locke Locke is is not not so of equal equal rights as Jaffa would lead us to believe. Indeed, that worthy theorist rights as Jaffa would lead us to believe. Indeed, that worthy theorist of eager part to the of liberty liberty was was an an eager part to the creation creation of of aa slavocracy slavocracy in in South South Carolina.17 And on occasion he justified the peculiar institution Carolina.” And on occasion he justified the peculiar institution with sophisticated than with nothing nothing more more sophisticated than an an appeal appeal to to race race or or right right of of conquest.18 Tory and poor conquest."* Blackstone, Blackstone, for for his his part, part, was was aa high high Tory and aa poor sponsor sponsor for for equality equality of of any any sort. sort. And And Paine Paine relates relates to to very very little little that that became of 1787. became American American in in our our Constitution Constitution of 1787. Recent Recent scholarship scholarship on early American on early American history history has, has, by by and and large, large, exhibited exhibited an an anachronistic all patriot anachronistic tendency tendency to to ignore ignore all patriot utterances utterances that that do do not not sound highest flights before sound like like Locke Locke in in his his highest flights of of freedom freedom or or Paine Paine before 35 35

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the Left”, in other words.’® words.19 They the Mountain: Mountain: like like the the Whig Whig ““Left”, in other They have have ignored problems in all men ignored the the problems in logic logic set set up up by by “‘‘all men are are created created equal” equal” when when understood understood as as one one of of Lincoln’s Lincoln’s beloved beloved Euclidian Euclidian propositions and the larger problems for libertarians determined propositions and the larger problems for libertarians determined not condition when such aa not to to call call for for equality equality of of condition when they they start start from from such postulate.20 Along with they have have apap­ postulate.” Along with the the political political philosophers philosophers they proached task of proached the the task of explication explication as as if if the the Declaration Declaration existed existed sui sui generis empyrean.21 AA gloss generis, , in in aa Platonic Platonic empyrean.”' gloss upon upon what what transpired transpired in in aa real messy”) convention convention in Philadelphia real (i.e., (i.e., intellectually intellectually “‘““messy’’) in aa real real Philadelphia seems these sages: reason could ex­ seems not not to to interest interest these sages: what what with with reason could be be expected machinery (and pected to to occur.22 occur.” With With aa non-Lockean non-Lockean Whig Whig machinery (and as as aa practicing to draw practicing rhetorician) rhetorician) II will will attempt attempt to draw the the inquiry inquiry down down toward such probabilities. toward such probabilities. VVv Contrary Professor Jaffa, the Declaration Contrary to to Professor Jaffa, it it is is my my view view that that the Declaration of Independence the Revolution Revolution of Independence is is not not very very revolutionary revolutionary at at all. all. Nor Nor the itself. Nor the Constitution. Only Mr. Lincoln and those gave itself. Nor the Constitution. Only Mr. Lincoln and those who who gave him in his in the the him support, support, both both in his day day and and in the following following century. century. And And the moralistic, moralistic, verbally verbally disguised disguised instrument instrument which which Lincoln Lincoln invented invented may force in may indeed indeed be be the the most most revolutionary revolutionary force in the the modern modern world: world: aa pure existing state pure gnostic gnostic force.23 force.” The The Declaration Declaration confirms confirms an an existing state of of affairs, announcement of affairs, even even in in its its announcement of aa break break with with George George III. III. For For the distinctive commonwealths out of) of) the colonies colonies existed existed as as distinctive commonwealths with with (and (and out English English law. law. Yet Yet they they were were English English with with aa difference. difference. It It required required only made official. In the only aa fracturing fracturing of of spiritual spiritual bonds bonds that that it it be be made official. In the spring of 1776 1776 things spring and and summer summer of things came came to to aa head. head. As As Jefferson Jefferson wrote, Island: an army wrote, aa British British army army was was descending descending upon upon Long Long Island: an army bent an end and all bent on on putting putting an end to to petitions, petitions, inquiries, inquiries, declarations, declarations, and all such had declared such irritants. irritants. The The King King had declared the the members members of of the the Con­ Continental without the tinental Congress Congress rebels, rebels, without the law. law. And And likewise likewise those those who who thought thought themselves themselves represented represented by by that that body. body. No No security security from from deportation trial, summary confiscation were were the deportation for for trial, summary execution execution and and confiscation the alternatives allegiance outside alternatives to to unconditional unconditional submission submission and and allegiance outside the the law. law. 36 36

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Rhetorical careful description description of Rhetorical criticism criticism begins begins with with aa careful of cir­ circumstances cumstances antedating antedating composition.24 composition.” For For without without that that information information well well established, established, the the meaning meaning of of language language isis uncertain; uncertain; and and aa piece piece of literature literature may may be treated as as if if it it had had been been prepared for the the of be treated prepared only only for gods. set of gods. Connection Connection of of aa document document with with aa set of writings writings made made and/or and/or exchanged necessary exchanged before before or or after after its its appearance appearance isis certainly certainly such such necessary information. Effacing information. There There is is no no Declaration Declaration apart apart from from it. it. Effacing himself, Jefferson wrote himself, Thomas Thomas Jefferson wrote what what completed completed aa conversation conversation concerning the the law law which which had gone back back and and forth forth across across the the concerning had gone Atlantic for many years before exhausting exhausting its its purpose. purpose. Everything Everything Atlantic for many years before in this to the of sensible in this sequence sequence appeals appeals to the consensus consensus gentium gentium of sensible men men (common reasonableness reasonableness but but not not philosophy) and to to English English law. law. (common philosophy) and James II II had set himself outside that that rule, rule, using using the the dispensary dispensary James had set himself outside powers This usurpation powers to to invent invent aa new new equality equality of of rights. rights. This usurpation resulted resulted in a royal “abdication” and a new king who promised to uphold in a royal ‘‘abdication” and a new king who promised to uphold the the charters and and ancient ancient laws laws and and thus thus to to preserve preserve to to Englishmen Englishmen and charters and their posterity posterity the the rights rights they they had had inherited inherited through through aa providential­ providentialtheir lyly blessed blessed history. history. This This was was the the common common understanding understanding of of that that period. It It is is implicit implicit in in the the dialogue dialogue between between Philadelphia Philadelphia and period. and Whitehall and in the the antecedent antecedent quarrel quarrel between between the the Crown Crown and and Whitehall and in various Stamp and various colonial colonial assemblies assemblies after after the the Stamp and Declaratory Declaratory Acts Acts and the the Albany Albany Congress. The American American “parliament” “‘parliament”’ first first con­ conand Congress. The vened in September its “‘Declaration “Declaration and vened in September of of 1774 1774 and and soon soon issued issued its and Resolves of of the First Continental Continental Congress, Congress, October October 14, 14, 1774”. 1774”. Resolves the First Even Even there there it it is is unmistakably unmistakably clear clear that that aa composite composite identity identity is is ad­ addressing composite identity, dressing aa related related composite identity, that that the the mode mode of of address address is is forensic (determining or blame between respective respective parties parties in in forensic (determining praise praise or blame between dispute the meaning meaning of given” phenomenon), dispute over over the of aa ““‘given” phenomenon), and and that that the the point not divine doctrine point of of reference reference is is not divine revelation revelation or or aa body body of of doctrine maintained according according to to the the precepts precepts of of philosophy, philosophy, but but rather rather aa maintained wisdom as prescription, wisdom inherited inherited as prescription, to to be be applied applied reasonably, reasonably, but but not not in name. This particular Declaration makes itit plain plain that in Reason's Reason’s name. This particular Declaration makes that Englishmen Englishmen are are in in dispute dispute with with Englishmen, Englishmen, groups groups with with groups, groups, and colonial charters and on on English English grounds. grounds. The The colonial charters set set up up this this situation. situation. At law law they At they connect connect the the colonies colonies to to aa paternal paternal source, source, even even while while they set them apart. They an ambiguity with the they set them apart. They create create an ambiguity in in relations relations with the 37 37

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English ent and English parliam parliament and the the independent independent reality reality of of other other governments. and king governments. And And they they leave leave law law and king and and common common enemies enemies to to hold the the mix mix together.” hold together.25 In their their first declaration we we learn learn that that the the remonstrants remonstrants are are en­ enIn first declaration titled life, liberty and property”; titled to to ““‘life, liberty and property”; that that these these basic basic rights rights come come from from their their ancestors ancestors (God (God perhaps perhaps acting acting through through them); them); that that removal over the sea such inherited removal over the sea can can involve involve no no alienation alienation of of such inherited rights; alienation isis now taxation and rights; that that such such alienation now proposed proposed by by way way of of taxation and by the by the machinery machinery of of enforcing enforcing that that tax tax; ; and, and, finally, finally, that that kindred kindred offences offences against confirmed” by against “immunities “immunities and and privileges privileges granted granted and and confirmed” by royal charters secured by royal charters and and ““‘secured by their their several several codes codes of of provincial provincial law” law” are are in in prospect. prospect. Here Here and and in in the the later later (and (and similarly similarly argued) argued) “Declaration of Taking up “Declaration of the the Causes Causes and and Necessities Necessities of of Taking up Arms, Arms, July position finally July 6, 6, 1775”, 1775”, we we can can recognize recognize the the lineaments lineaments of of aa position finally developed in July of of thought down developed in July of 1776. 1776. And And also also aa line line of thought coming coming down directly from directly from the the great great Charter Charter of of 1689—or 1689—or even even more more remotely remotely from Bracton Bracton and Fortescue. The The king king is is the king, the subject the the from and Fortescue. the king, the subject subject, only within the are by blood subject, only within the law. law. The The American American colonies colonies are by blood and law law part part of of the the English English res res publica publica, , set set apart apart from from the the old old Island Island and Kingdom Kingdom by by England’s England’s destruction destruction of of that that organic organic relationship. relationship. To To repeat, declared them repeat, it it is is well well to to remember remember that that the the king king declared them “rebels” “rebels” (Prohibitory 1775) well (Prohibitory Acts, Acts, August August 1775) well before before they they had had accepted accepted that that title title for for themselves. themselves. As As they they insist, insist, it it is is for for no no “light “light or or transient transient causes” that official. Their causes” that they they make make his his appellation appellation official. Their charters charters have have become become mere mere paper. paper. By By virtue virtue of of relocation relocation across across the the seas seas they they have been defined defined as as alienated alienated Englishmen, Englishmen, without without security security even even have been in such in such fundamental fundamental matters matters as as life, life, liberty, liberty, and and the the fruits fruits of of their their labors. these rights labors. And And all all men men recognize recognize these rights as as being being the the precondi­ precondition of to any government. Their tion of submission submission to any government. Their fathers fathers had, had, of of course, course, grown violent violent over over much much smaller smaller affronts. affronts. But But the the “authors” ‘“‘authors”’ of of the the grown Declaration are determined Declaration are determined to to keep keep within within the the law law and and appear appear as as unusually conservative conservative men. men. Only Only when when the the king king denies denies them them all all unusually representation, asserts asserts his his right right to to bind bind them them collectively, to seize seize representation, collectively, to their collectively, toto quarter to their goods goods collectively, quarter an an angry angry army army upon upon them, them, and and to punish their their entreaties entreaties that that he restrain his his servants servants to to observe observe the the punish he restrain 38 38

The Heresy Heresy of of Equality Equality The

Bill they close Bill of of Rights—only Rights—only then then will will they close with with aa last last “appeal ‘appeal from from reason to to arm arms”’. reason s”. VI VI We are are now now prepared to ask ask what what Mr. Mr. Jefferson Jefferson and and his his sensi­ sensiWe prepared to ble ble friends friends meant meant by by “all ‘‘all men” men” and and “created “created equal”. equal”. Meant Meant together—as rhetoric it it is is aa rule rule to to ask ask how how the the beginning beginning together — as aa group. group. InIn rhetoric leads middle to leads through through the the middle to the the end. end. If If end end and and middle middle consort consort well well with one another, if if they they point in one one direction, that agreement agreement with one another, point in direction, that defines be discovered defines what what may may be discovered in in between.26 between.” The The last last three-fourths three-fourths of the the Declaration Declaration (minus (minus the the conclusion, conclusion, its its original original draft) bill of draft) isis aa bill of particulars.” king, their their only only acknowledged acknowledged link link with with of particulars.27 The The king, England) decapitated the politic and England) has has decapitated the body body politic and hence hence is is no no longer longer king shores. The be king on on these these shores. The law/prescription law/prescription cannot cannot otherwise otherwise be preserved. And such aa preservation. preservation. Something preserved. And these these men men intend intend such Something in in existence declares itself and ““‘sensible sensible ofof existence declares itself in in possession possession of of “honor” “honor” and the regard ofof decent the regard decent men”, men”, prepared prepared to to draw draw aa new new charter charter out out of of those those itit possesses, possesses, to to act act as as an an entity entity in in forming forming aa confederal confederal government. But first these these commonwealths commonwealths must must file file an an official official bill bill government. But first of divorcement, divorcement, designed designed to to the the pattern pattern of of aa countersuit countersuit in an action action of in an already initiated on the other of aa new already initiated on the other side. side. The The generation generation of new head head for yet, but for this this body body is is not not yet, but will, will, we we can can assume, assume, present present no no problem when aa necessity for its its creation creation is is made made explicit.” problem when necessity for explicit.28 The The exordium exordium of of the the Declaration Declaration begins begins this this appeal appeal with with an an argument from history and with with aa definition of the the voice voice addressing addressing argument from history and definition of the “people”, aa “we” the “powers ‘“‘powers of of the the earth” earth”. . It It is is aa “people”, ‘‘we” that that are are es­ estranged “we”. The tranged from from another another “‘we’’. The peroration peroration reads reads the the same: same: “we”, ‘“‘we”’, the ““free free and to the and independent independent states”, states’, are are united united in in our our will will to separation—and to high separation—and prepared prepared to to answer answer to high and and low low for for that that temerity. They They act act in in the name (and (and with with the sanction) of of the the good temerity. the name the sanction) good people whose several several assemblies assemblies had had authorized authorized their their congregation. congregation. people whose This can This much much formally. formally. No No contemporary contemporary liberal, liberal, new new or or old, old, can make use make use of of that that framework framework or or take take the the customary customary liberties liberties with with what the construction. what is is contained contained by by the construction. Nor Nor coming coming to to it it by by the the path path

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AA Better Better Guide Guide Than Than Reason Reason have marked, marked, may may they, they, in in honesty, honesty, see see in in “created “created equal” II have equal” what what

they devoutly devoutly wish e”, in they wish to to find. find. “W ‘‘We’’, in that that second second sentence, sentence, signifies signifies

the colonials colonials as as the the citizenry citizenry of of the the distinct distinct colonies, colonies, not not as as in­ individuals, Therefore, the dividuals, but but rather rather in in their their corporate corporate capacity. capacity. Therefore, the following ‘all men”—created men”—created equal equal in in their their right right to expect from from following “all to expect any which they might submit from cor­ any government government to to which they might submit freedom freedom from corporate bondage, bondage, genocide, genocide, and persons porate and massive massive confiscation—are confiscation—are persons prudent one, even prudent together, together, respectful respectful of of the the law law which which makes makes them them one, even though to stand stand henceforth henceforth apart: apart: equal equal as one free free state state is is though forced forced to as one as free as as another. another. as free Nothing Nothing is is maintained maintained concerning concerning the the abilities abilities or or situations situations of of individual individual persons persons living living within within the the abandoned abandoned context context of of the the British its disruption. British Empire Empire or or the the societies societies to to be be formed formed by by its disruption. No No new contract contract is is drawn. drawn. Rather, Rather, one that exists exists is is preserved preserved by by amputa amputa- new one that tion. tion. All All that that is is said said is is that that no no component component of of aa society society can can be be ex­ expected to pected to agree, agree, even even though though it it is is part part of of that that society society by by inheritance, inheritance, that itit is is to to be be bereft of those those securities securities that make life tolerable that bereft of that make life tolerable simply by by geographical geographical remoteness. remoteness. And, And, ifif even even the the Turk Turk and and in­ insimply fidel would would not not as as aa people people submit submit to to aa government government such such as George fidel as George III proposes proposes to to impose impose through through Lord Lord Howe’s Howe’s army, army, how how can can III Englishmen to agree Englishmen be be expected expected to agree to to that that arrangement? arrangement? So So much much is is “obvious” “ self-evident”. Thus “obvious” to to everyone, everyone, in in other other words, words, “‘self-evident’’. Thus even even if if the nations isis drawn the law law of of nature nature and and of of nations drawn into into our our construction construction of of “‘“‘endowed endowed by inalienable” by their their Creator”, Creator’’, what what is is left left to to be be called called “‘“‘inalienable”’ with respect respect to to American American colonials colonials and and demonstrative demonstrative of of aa certain certain with minimal in their so much. minimal equality equality of of rights rights in their collectivities collectivities is is not not so much. What happens happens in in the the remainder remainder of Declaration, following following What of the the Declaration, sentence two, is is even even more more depressing depressing to to the the contemporary contemporary Jacobin Jacobin sentence two, who would in the previous who would see see in the new new beginning beginning aa departure departure from from the the previous political history of of Western Western man. Note particularly particularly the the remarks remarks political history man. Note concerning the by the encouraging aa concerning the part part played played by the king’s king’s servants servants in in encouraging “servile insurrection”, the the xenophobic xenophobic objections objections to to the the use use of of “servile insurrection”, foreign mercenaries, foreign mercenaries, and and the the allusion allusion of of the the employment employment of of savages savages as instruments of of royal royal policy. policy. Note Note also also Jefferson’s Jefferson’s ironic ironic reference reference as instruments to “Christian Kings” Kings” and and anger anger at at offences offences to to the the “common “common to “Christian the

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blood”. upona a received blood”. These These passages passages draw draw upon received identity identity and and are are not not “reasonable” in in character. character. Certainly Certainly they they do do not not suggest the “reasonable” suggest the equality of individual men. But (and I am sure that Professor Jaffa equality of individual men. But (and I am sure that Professor Jaffa will agree agree with with me me on on this), this), even though racist, racist, xenophobic, and will even though xenophobic, and religious expression of religious assumptions assumptions have have no no place place in in the the expression of philosophic philosophic truth, truth, they they can can readily readily operate operate in in an an appeal appeal to to prescrip­ prescriptive law. law. And And therefore, therefore, II say, in our our Declaration Declaration of of Independence. Independence. tive say, in Vil VII

Though with Kendall/Carey Though II agree agree with Kendall/Carey that that there there is is aa distance distance between between the the Declaration Declaration and and the the Constitution Constitution of of 1787, 1787, and and that that silence on equality in the latter reflects a conscious choice, I agree silence on equality in the latter reflects a conscious choice, I agree also Professor Jaffa also with with Professor Jaffa that that the the two two are are not not in in conflict. conflict. The The Constitution, Articles of Confederation before Constitution, like like the the Articles of Confederation before it, it, built built aa structure of of common government (to (to handle handle all all difficulties made by structure common government difficulties made by being being one one and and thirteen) thirteen) upon upon aa common common legal legal inheritance, inheritance, common common origins, of purpose. origins, and and an an established established unity unity of purpose. It It is 1s aa limited limited contract, contract, resting resting on on an an external external and and prior prior bond bond of of free free and and independent independent states, not abrogate abrogate states, perfecting perfecting or or improving improving their their union.29 union.” It It does does not what what it it rests rests upon. upon. The The Declaration Declaration was was aa necessary necessary prologue prologue to to its its adoption. But, in logic, logic, the the Declaration Declaration isis not implicit in in the the adoption. But, in not implicit Constitution free ratification in­ Constitution except except as as itit made made possible possible free ratification by by the the independent many rights rights are are secured dependent states. states. In In truth, truth, many secured under under the the Constitution not present the Declaration, Constitution that that are are not present in in the Declaration, however however it it be be construed. Yet Yet not not equal equal! voting voting rights in state state or federal elections. construed. rights in or federal elections. Or taxation. Or rights for Or economic economic rights rights in in taxation. Or rights for women. women. Or Or even even equal equa! footing religions—or species footing for for various various religions—or species of of irréligion. irreligion. To To say say nothing of of slaves. slaves. All All of of this this isis well well known. But, if if we reasoned as as do do nothing known. But, we reasoned some that the some gifted gifted scholars, scholars, it it might might be be maintained maintained that the Constitution Constitution takes us even from equality for slaves takes us even further further away away from equality for slaves than than does does the the Declaration.30 made that no Declaration.” For For in in Article Article I, I, Section Section 9, 9, provision provision is is made that no law passed by prior to law shall shall be be passed by Congress Congress to to restrict restrict the the slave slave trade trade prior to 1808. Slavery exists by by acknowledgement acknowledgement of of the the same same document. document. 1808. Slavery exists Yet encourages that be more Yet it it encourages that there there be more slaves slaves in in the the Republic Republic than than are are 41 41

AA Better Than Reason Reason Better Guide Guide Than present in 1787. 1787. More More in in aa proportion proportion that years can can be be present in that twenty-one twenty-one years

expected to provide. provide. Hence Hence this provision can can be be described in logic logic expected to this provision described in

as presenting presenting Negro Negro slavery slavery as as aa positive positive good. good. For For reasons reasons of of as

history do not not insist insist upon upon this this commentary. commentary. The evidence of of what what history II do The evidence lies lies behind behind the the text text suggests suggests another another view.31 view.*' And And for for the the same same reasons the late reasons II cannot cannot follow follow the the practical practical advice advice of of the late Everett Everett McKinley Dirksen Dirksen and and ““get right with with Lincoln”.32 Lincoln’. McKinley get right

VIII VII ItIt would attempt to would be be unreasonable unreasonable for for me me to to attempt to develop develop in in this this essay essay all all that that II wish wish to to say say in in objection objection to to the the politics politics of of Abraham Abraham Lincoln. For For it it is is aa great great deal deal and and will will perhaps perhaps involve involve some some years. Lincoln. years. Therefore must raise my primary most of Therefore II must raise only only my primary objections, objections, most of them them proceeding from from Lincoln’s Lincoln’s misunderstanding misunderstanding of of the the Declaration Declaration as as proceeding promise” of of equality. equality. II am am of of course course close to the the late late aa ““deferred deferred promise” close to Professor Kendall Kendall in in these these matters matters and and have have learned learned much much from from Professor him and from agree with him and from Professor Professor Carey.33 Carey.” For For one one thing, thing, II agree with those those gentlemen second founding” gentlemen that that Lincoln’s Lincoln’s ““second founding” isis fraught fraught with with peril peril and the prospect series ofof turmoils turmoils and and carries carries with with it it the prospect of of an an endless endless series and revolutions, all dedicated to to freshly freshly discovered discovered meanings meanings of of equality revolutions, all dedicated equality as so much they do as aa “proposition”. “proposition”. II do do not, not, however, however, look look so much as as they do to to New New England. England. It It is is not not my my preference preference for for aa colonial colonial precedent precedent to to the the national identity.34 identity.” The The millenarian millenarian infection infection spread spread and and almost almost in­ innational stitutionalized (and by stitutionalized by by Lincoln Lincoln (and by the the manner manner of of his his death) death) has has its its impetus from from that that ““other Israel” surrounding surrounding Boston.35 Boston.” And And its its full full impetus other Israel” potential potential for for mischief mischief is is yet yet to to be be determined. determined. What What Alexander Alexander Stephens religious mysticism” of Union, Stephens called called Lincoln’s Lincoln’s ““religious mysticism” of Union, when when combined in ‘“‘cold, calculating reason” to to the the goal goal of ‘equal combined in “cold, calculating reason” of “equal rights” and anan authoritarian rights” and authoritarian (that (that is, is, irrational) irrational) biblical biblical rhetoric, rhetoric, constitutes aa juggernaut juggernaut powerful powerful enough enough to to arm arm and and enthrone enthrone any any constitutes self-made Caesar Caesar we self-made we might might imagine: imagine: even even an an unprepossessing unprepossessing country and country lawyer lawyer from from Illinois. Illinois. For For by by means means of of that that mixture mixture and solution solution aa transfer transfer of of authority authority and and energy energy is is effected, effected, from from the the Puritan dream of an elect Puritan dream of aa New New Jerusalem Jerusalem governed governed by by an elect to to the the 42 42

The The Heresy Heresy of of Equality Equality

manifest manifest destiny destiny of of American American democracy democracy led led by by keepers keepers of of the the pop­ popular Both are authorized from world ular faith. faith. Both are authorized from on on High High to to reform reform the the world into lecture and into an an imitation imitation of of themselves—and themselves—and to to lecture and dragoon dragoon all all who might might object. object. Both Both receive regular intimations intimations of the Divine Divine who receive regular of the Will through through prophets prophets who who arise arise from time to to time time to to recall recall them them to to Will from time their mission. And their holy holy mission. And both both operate operate from from that that base base to to paint paint all all prospective prospective opposition opposition in in the the darkest darkest of of colors, colors, the the rhetoric rhetoric of of polarity being being aa fundamental fundamental correlative correlative of of all all genuinely genuinely Puritan Puritan polarity activity, mercy for activity, with with no no room room for for shadings shadings in in between between and and no no mercy for the the wicked. wicked. This is, of in Lincoln’s This is, of course, course, not not to to minimize minimize the the role role played played in Lincoln’s rise to power power by by the the tireless tireless “engine” “‘engine” of his ambition. ambition. Nor his rise to of his Nor his political political gifts—for gifts—for which which II have have an an ever-growing ever-growing admiration. admiration. As As is is announced obliquely in in the the “Address “‘Address Before Before the the Springfield Springfield Young Young announced obliquely Men’s Lyceum, 1838”, 1838”, Lincoln Lincoln was, was, very very early, early, touched by aa M en’s Lyceum, touched by Bonapartist sense of destiny. volumes, plus Bonapartist sense of destiny. His His papers papers (all (all nine nine volumes, plus aa recent recent supplement) supplement) reflect reflect aa steady steady purpose, purpose, an an inexorable inexorable will will to to rise, to to put put his his stamp stamp upon upon the the world.36 world.” Yet there was was always always rise, Yet there another side to to his his nature—glum, nature—glum, ironic, pessimistic, selfanother side ironic, pessimistic, selfdeprecatory: has deceived deprecatory: in in aa word, word, inscrutable. inscrutable. ItIt has deceived and and puzzled puzzled many. Yet, Yet, as as is is ordinary ordinary in in aa Puritan, Puritan, this this meandering reflected many. meandering reflected private wisdom behind behind personal and (perhaps) private doubt doubt of of the the wisdom personal choices choices and (perhaps) the status status of of motives motives which which directed directed him him toward toward their their enactment: the enactment: self-doubt, not doubt he knew self-doubt, but but not doubt of of the the ideals. ideals. And And he knew how how to to cure cure the ailment—by ailment—by ““‘striving to finish finish the the work”. He had had his ends in in the striving to work”. He his ends mind, his religion of of Union Union inin Equality, Equality, but but he he left left it it to to the the mind, his religion ‘“‘providential” flow flow of history to to carry them to realization. “providential” of history carry them to realization. However, after after 1854 1854 he he condescended to give give that that flow flow aa little help. However, condescended to little help. The The Kansas-Nebraska Kansas-Nebraska Act Act made made the the political political career career of of Abraham Reign of Abraham Lincoln, Lincoln, opened opened the the door door for for the the ““Reign of Reason”, Reason”, made itit possible living history” made possible to to put put behind behind the the “‘“‘living history” of of the the revolutionary generation (“‘oaks’’, an organic image), and provided revolutionary generation (“oaks”, an organic image), and provided for an an opportunity to roll roll out out the the big big guns guns of of priestly priestly language language to to for opportunity to give what what he he meant meant by by “freedom” ‘“‘freedom” that that “‘“‘new birth” he came to to give new birth” he came speak of at Gettysburg. He He played played with with consummate consummate skill skill the the cir­ cirspeak of at Gettysburg. 43 43

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cumstances tumult surroun­ cumstances of of free-soil free-soil reaction reaction in in ’54 54 and and then then the the tumult surrounding scholars ding the the campaigns campaigns of of ’58 ’58 and and ’60. ’60. Nor Nor are are there there many many scholars who do do not not find find some some mystery mystery or or subtle subtle craft craft in in his his first first months months as who as President, his subsequent But that that story, story, President, to to say say nothing nothing of of his subsequent conduct. conduct. But as read it, it, isis aa large large book—larger than Professor Professor Jaffa’s. Jaffa’s. Suffice Suffice it it as II read book—larger than to say say that that Lincoln Lincoln was was indeed indeed aa man man whose was to to have have no to whose “‘policy “policy was no policy.”37 policy.’”” He He loved loved to to quote quote from from Hamlet Hamlet that that “there “there is is aa divinity divinity that shapes shapes our our ends,/Rough-hew ends,/Rough-hew them them how how we we will.”38 will.””* And from that And from the total total pattern pattern of of his his conduct conduct we we can can extract extract the the following following for­ forthe mula: set up mula: Wait, Wait, set up or or encourage encourage pressure, pressure, then then jump, jump, and and call call itit God. The The original original behind behind this this procedure procedure could could be be any of aa God. any one one of dozen tyrants, all all of of whom whom announced announced aa noble noble purpose purpose for for dozen historic historic tyrants, their their acts. acts. But But when when the the pattern pattern isis encapsulated encapsulated by by the the high high idiom idiom of Holy Holy Scripture Scripture (the (the authority of which man can can examine), examine), the the of authority of which nono man Anglo-Saxon prototype prototype emerges emerges as Oliver Cromwell, Cromwell, the the Lord Lord Anglo-Saxon as Oliver Protector. for what that analogy, Protector. And And in in searching searching for what is is significant significant in in that analogy, the logical logical point of departure departure is is the the House-Divided House-Divided speech speech to to the the the point of Illinois Republican Republican convention convention of of June, June, 1858. 1858. Illinois IX IX Lincoln’s Lincoln’s political political gnosticism gnosticism does does not not come come to to aa head head in in the the House-Divided House-Divided speech, speech, and and does does not not begin begin there. there. For For even even in in the the Springfield Lyceum Lyceum address address (made (made when when he he was was twenty-nine), he Springfield twenty-nine), he concludes on Puritan note: note: Let Let us us refound refound the the Union, Union, and and “the ‘“‘the concludes on aa Puritan gates hell shall shall not prevail against gates of of hell not prevail against it.” it.”” The The new new founder, founder, having having propped up up the the temple temple of of Liberty/Equality on the the solid solid pillars pillars of of propped Liberty/Equality on ““calculating calculating reason”, reason”’, will will therefore therefore be, be, in in relation relation to to the the powers powers of of evil (i.e., (i.e., those those who do not not care care for for the the arrangement) arrangement) as as was was the the evil who do faith of of Peter Peter to to the the Christian Christian church church after its foundation. foundation. And And God God faith after its thus, by by implication, implication, the security for for the the quasi-religion quasi-religion of of Equali­ Equaliisis thus, the security ty. In In aa similar similar fashion fashion Lincoln Lincoln finds finds God God as verification for for his his ty. asa a verification rectitude President in his address rectitude as as President in his address to to Northern Northern moderates, moderates, men men who loved loved the old “‘“‘divided”’ house, which which we we find find in in his his Second Second who the old divided” house, 44 44

The Heresy of The Heresy of Equality Equality Inaugural. Here Here is is the the heresy heresy of ‘“‘political religion” religion” at the begin­ beginInaugural. of aa “political at the ning of Lincoln’s political career, and also at its end. But one pruning of Lincoln’s political career, and also at its end. But one pru­ dent shift shift isis observable. observable. Except an occasional occasional mention mention of of dent Except for for an or their their equivalent, equivalent, the the debt debt to to European European “‘‘propositions” propositions” or rationalism rationalism (the (the source source of of Lincoln’s Lincoln’s puzzling puzzling theological theological heterodoxheterodoxy), fades into the the background background once once Honest Honest Abe Abe appears appears on on the the y), fades into center of of the the national stage in in Peoria, Peoria, Illinois Illinois (October, (October, 1854). 1854). And And center national stage in the the opposite opposite direction direction the the biblical biblical element element grows to be be more more and and in grows to more dominant dominant after 1858. But But we we should should not not infer infer from from this this that that more after 1858. Lincoln’s Lincoln’s design design changed changed after after he he got got the the Republican Republican nomination nomination against Douglas. Douglas. Only Only his his perception perception (drawing (drawing from from the the against abolitionists) abolitionists) of of the the proper proper instrument instrument for for its its execution. execution. The The House-Divided House-Divided speech speech was, was, beyond beyond any any question, question, ·-aa Puritan declaration declaration of of war. war. And And therefore therefore also also Lincoln’s Lincoln’s election election on on Puritan the basis basis of of its contents as as transcribed transcribed in in the the Republican Republican platform platform the its contents of admirer, Don of 1860. 1860. A A Lincoln Lincoln admirer, Don E. E. Fehrenbacher, Fehrenbacher, in in his his Prelude Prelude to to Greatness: Lincoln in in the the 1850’s, 1850's, calls calls it it “Garrisonian”.39 ‘‘Garrisonian’’.** The Greatness: Lincoln The South South saw itit that way, asas did saw that way, did much much of of the the North. North. And And neither neither forgot forgot those those words: : words House Divided Divided against against itself cannot stand. believe this AA House itself cannot stand. II believe this governgovern­ ment andhalf halffree. free. II do ment cannot cannot endure, endure, perpetually perpetually half half slave slave and do not not ex­ expect —I do —but II pect the the Union Union to to be be dissolved dissolved—I do not not expect expect the the house house to to fall fa/l—but do expect expect it it will will cease cease to to be be divided. divided. It It will will become all one one thing, thing, or or all all do become all another. another.

Yet we we should should not not abstract the speech speech from from the the intellectual intellectual milieu Yet abstract the milieu to which which it it belongs. belongs. By By means means of of his his political political manipulation,. manipulation, Lin­ Linto coln, his one-time “put coln, in in the the words words of of his one-time friend, friend, Alexander Alexander Stephens, Stephens, “‘put the institution nearly one-half the states public the institution of of nearly one-half the states under under the the ban ban of of public opinion and national condemnation.” condemnation.”’ And, And, continued continued Stephens, Stephens, opinion and national “this, upon upon general general principle, principle, is is quite quite enough enough of itself to to arouse arouse aa “this, of itself spirit not only of of general general indignation, indignation, but but of of revolt revolt on on the the part part of of the the spirit not only proscribed.’’*° people in in these these days days made made noises Lincoln. proscribed.”40 Other Other people noises like like Lincoln. After 1854 1854 they they got got aa good One of of them, them, old old John Brown, After good hearing. hearing. One John Brown, received beatification beatification from from the the Northern Northern newspapers newspapers which which sup­ supreceived

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ported ported Mr. Mr. Lincoln Lincoln in in 1860. 1860. What What this this juxtaposition juxtaposition signified, signified, despite despite certain certain duckings cluckings of of disapproval disapproval among among Republican Republican stalwarts, no one could mistake. mistake. stalwarts, no one could Of Of course course the the central central motif motif of of the the House-Divided House-Divided speech, speech, as as quoted echoes the Bible (Mark (Mark 3:25): quoted above, above, echoes the Bible 3:25): Christ Christ speaking speaking of of the the undivided hosts hosts of of Satan.“ Lincoln’s authority authority is is thus, thus, by by associa­ associaundivided Satan.41 Lincoln’s tion, elevated elevated to tion, to the the level level of of the the hieratic. hieratic. But But he he adds adds something something to to the mixture. on its the mixture. The The myth myth that that slavery slavery will will be be either either set set on its way way to to extinction by official gesture extinction by an an official gesture on on the the part part of of the the federal federal govern­ government else all ment or or else all states states will will eventually eventually become become slave-states slave-states es­ establishes dilemma, describes tablishes aa false false dilemma, describes aa set set of of conditions conditions which, which, once once fixed minds of create in fixed in in the the minds of his his free-soil free-soil audience, audience, was was certain certain to to create in them aa sense them sense of of alarm. alarm. Thus Thus he he participates participates in in what what Richard Richard Hofstadter “paranoid style” the slave Hofstadter calls calls the the ‘‘paranoid style” in in politics.42 politics.” Fear Fear of of the slave power power (Southern (Southern political political and and economic economic domination) domination) and and racist racist hostility the idea idea of of massive massive Negro Negro influx, influx, free free or slave, into into the the hostility toto the or slave, North one of North made made predictable predictable that that one of these these alternatives alternatives would would be be perceived one. Thus the perceived as as intolerable—and intolerable—and we we can can guess guess which which one. Thus the size the Republican size of of the Republican Party Party might might be be augmented augmented from from the the ranks ranks of of persons its works. persons who who despised despised Abolition Abolition and and all all its works. For and the For Lincoln Lincoln to to say say after after 1858 1858 that that the the Constitution Constitution and the laws were were sacred sacred to to him, him, that that he would “preserve” ‘“‘preserve”’ the the “old ‘‘old Union Union laws he would of of the the Fathers”, Fathers’’, is is mere mere window window dressing. dressing. For For to to argue argue that that your your enemy evil incarnate league with enemy is is evil incarnate (the (the burden burden of of his his rhetoric), rhetoric), in in league with Satan, legal rights Satan, and and then then add add that that you you respect respect him him and and his his legal rights is is to to indulge in in pietistic pietistic arrogance—as arrogance—as Alexander Alexander Stephens Stephens specified specified in in indulge the matters no the passage passage II quoted quoted just just above. above. Jaffa Jaffa confuses confuses matters no end end in in maintaining that Lincoln addressed addressed aa real real danger danger in in his his imaginary imaginary maintaining that Lincoln ““division”. division”. AsAs the the real the South South perceived perceived the the question, question, the real issue issue in in Kansas and and Nebraska Nebraska was was whether whether or or not not there there could could be be aa federal federal Kansas policy on on the the ““morality” of its its conduct conduct in in any any connection not policy morality” of connection not covered whether they covered by by the the original original federal federal covenant: covenant: whether they could could stay stay under under the the gun. gun. For houses houses are are always always divided, divided, in in some some fashion fashion or or another. For another. And, And, nono doubt, slavery be infamy was doubt, should should slavery be gone, gone, some some new new infamy was bound bound to to be be 46 46

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discovered stern examiners discovered by by the the stern examiners whose whose power power depends depends upon upon aa

regularity inin such slavery in regularity such “crusades”. “crusades”. A A law law prohibiting prohibiting slavery in the the territories, in that it affected the ability of a new state to grow territories, in that it affected the ability of a new state to grow to to maturity as as aa child child of the total total Union, Union, would would define define the the South South as as maturity of the outside of that communion. communion. Furthermore, Furthermore, it it would would set set in in motion motion aa outside of that chain chain of of circumstances circumstances that that could could be be used used against against the the region region where where

antinomian morality morality could could be be read read into law—could touch touch slavery slavery antinomian into law—could or any any other other “peculiarity”, “‘peculiarity”, unless unless aa Constitutional Constitutional amendment amendment or (requiring aa three-fourths vote of of the the states) states) existed existed to to protect protect it. it. A A (requiring three-fourths vote Union of this sort was not the old Union. Nor was its issue, a Union Union of this sort was not the old Union. Nor was its issue, a Union by by force—in force—in 1865 1865 or or now now. . Whatever Whatever the the intent intent of of armies armies in in blue, blue, it it could not not be be the the same—not same—not the the contract contract ratified ratified by by all all the the states states could who were were party party to to it. it. Rather, Rather, it it involved Lincoln’s worship of the the who involved Lincoln’s worship of law drafted into law as as the the Constitution Constitution with with the the Declaration Declaration drafted into (and (and over) over) it —Lincoln’s Declaration: #t—Lincoln’s Declaration: and and therefore therefore (vide (vide supra), supra), no no worship worship of of the law law whatsoever, whatsoever, but but instead instead devotion devotion to to perpetually exciting the perpetually exciting goals, always just beyond our reach. reach. Thus, Thus, under under the the aegis aegis of of aa goals, always just beyond our plurality president, president, the the principle principle of assent is is put put aside aside for for the the sake sake plurality of assent of an an idea idea (read (read ideology) which only only aa small small minority minority of of of ideology) which Americans could could be be expected expected to to approve, approve, either in 1860 1860 or or today. today. Americans either in And the entire And the entire project project accomplished accomplished by by rhetoric—Kendall’s rhetoric—Kendall’s “magic”. of American history since since 1858, 1858, Lincoln Lincoln “magic”. On On the the record record of American history stands Which isis to stands convicted convicted as as an an enemy enemy of of the the “founding”.43 “‘founding”’.*? Which to say, say, as our our new new Father—even Father—even though though many many of of us us still refuse to to live in the the as still refuse live in cold uniformitarian uniformitarian temple temple he he designed. cold designed. Of course military resistance resistance to to radical radical Union Union (i.e., statism Of course military (i.e., statism covered by by aa patina patina of of law) law) ended in 1865. 1865. Lincoln Lincoln saluted saluted these these covered ended in developments term. And developments at at the the beginning beginning of of his his second second term. And II must must con­ conclude on Lincoln’s clude my my remarks remarks on Lincoln’s politics politics with with some some observations observations on on that address. His that address. His conduct conduct in in using using the the presidential presidential powers powers has has been been treated treated to to my my satisfaction satisfaction by by Gottfried Gottfried Dietze.44 Dietze.“* What What that that amounts amounts to to is is the the creation creation of of an an Eastern Eastern priest/king—an priest/king—an epideictic epideictic per­ personage the voice voice at and sonage such such as as we we hear hear in in the at Gettysburg. Gettysburg. Speech Speech and deeds together together did did change country—and in in respects respects more more im­ imdeeds change the the country—and portant than the abolition of Negro slavery: together opened portant than the abolition of Negro slavery: together opened the the

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door to door to portentous portentous changes changes that that finally finally touch touch even even liberty.45 liberty.** The The

argument of of this this essay essay is, is, in in sum, sum, that that what what Lincoln Lincoln did to preserve preserve argument did to the Union Union by by expanding expanding and enshrining equality equality left left the the prescrip­ prescripthe and enshrining tion the tion of of the the revolution revolution of of law law in in our our national national beginning beginning and and the “unwritten constitution” in “unwritten constitution” of of our our positive positive pluralism pluralism very very much much in doubt. Such was was his his purpose. But (and (and II again again repeat) repeat) this this plan doubt. Such purpose. But plan isis until he prepared the something which which he he concealed concealed until he prepared the Second Second something Inaugural—where Inaugural—where in in victory victory he he became became aa scripture scripture in in himself. himself.

XX There There is is of of course course aa clear clear conflict conflict between between the the Cooper Cooper Union Union speech, the the First First Inaugural, Inaugural, Lincoln’s Lincoln’s letters letters of the time, time, and and the the speech, of the posture Lincoln assumed a few weeks before Lee’s surrender. If we posture Lincoln assumed a few weeks before Lee’s surrender. If we would discover discover in in Father Father Abraham “crafty Machievel”, Machievel’’, the the would Abraham the the “crafty conflict between between his his assent assent to to aa constitutional amendment making making conflict constitutional amendment slavery “perpetual” “perpetual” where where established established and and the the House-Divided House-Divided slavery speech is is our our point point of of departure. departure. But But the the Lincoln Lincoln who who kept Kenspeech kept Ken­ tucky tucky and and Missouri Missouri from from secession secession is is hard hard to to penetrate. penetrate. ItIt is is wise wise to to assume assume that that he he followed followed the the times. times. For For it it cannot cannot be be demonstrated demonstrated that ever really really attempted Southern anxieties that he he ever attempted to to pacify pacify Southern anxieties without without reconstituting the the Republic. Republic. Certainly Certainly he he wanted wanted no no peace peace on on any reconstituting any grounds but but unconditional surrender. And And in in 1865, 1865, he he looked looked back back grounds unconditional surrender. on his his five five years years as as national leader, ““scanned the providences”, providences”’, and and on national leader, scanned the ‘found himself himself approved”. approved”’. “found When his career after 1858 When seen seen in in the the context context of of his career after 1858 and and within within the lifetime of Lincoln’s Second Second the pattern pattern of of a a lifetime of deliberate deliberate utterances, utterances, Lincoln’s Inaugural turns turns out out to to be be something very different different from from what what most most Inaugural something very Americans have believed it it to to be: be: aa completion completion of of aa pattern pattern an­ anAmericans have believed nounced its fullness fullness at nounced in in the the House-Divided House-Divided speech, speech, unfolded unfolded in in its at Gettysburg, and and glossed glossed in in aa letter letter to to Thurlow Thurlow Weed Weed written written just just Gettysburg, before this perform­ before his his death. death. Historically, Historically, the the misconception misconception of of this performance may may be be attributed attributed to to aa disproportionate upon the the ance disproportionate emphasis emphasis upon final final paragraph paragraph of of the the Second Second Inaugural Inaugural treated treated (once (once again) again) as as if if it it had existence outside outside the had an an independent independent existence the total total document. document. Further­ Further48 48

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more, Lincoln means toward none” more, what what Lincoln means by by “malice ‘‘malice toward none” and and “bind ‘“‘bind up up the the nation’s nation’s wounds” wounds”’ is, is, even even within within this this single single paragraph, paragraph, modified recognition by right”. modified beyond beyond recognition by “as ‘‘as God God gives gives us us to to see see the the right”’. For For he he means means here here revelation, revelation, not not conscience. conscience. Americans Americans are are so so ac­ accustomed, since Lincoln’s time, time, to to aa quasi-religious quasi-religious rhetoric rhetoric in in their their customed, since Lincoln’s public has passed public men men that that the the combination combination has passed without without notice notice for for aa century and and more. more. But But to to discover discover its its full full meaning meaning we we must must look look up up century into the the body body of of the the speech. speech. There becomes clear clear what what Lincoln into There itit becomes Lincoln isis about behind behind his his mild mild forensic forensic tone. tone. about Said another another way, way, what what II here here contend contend is is that that the the attribution attribution Said of his his own own opinions opinions to to an an antinomian antinomian revelation of divine divine will will as as of revelation of regards America’s America’s political political destiny more completely completely and and inten­ intenregards destiny isis more sively visible visible in in this this particular particular Lincoln document than in any any other. other. sively Lincoln document than in For what what he he does does in in the the Second Inaugural is is to to expand expand the the outreach outreach For Second Inaugural of his his rhetorical rhetorical manicheanism manicheanism beyond beyond the the limits limits made made familiar familiar to to of us in in aa thousand thousand expressions of piety piety toward toward the Union (and (and most most us expressions of the Union particularly particularly at at Gettysburg) Gettysburg) to to include include not not only only his his obviously obviously beaten beaten enemies the South enemies in in the South but but also also all all those those who who accepted accepted the the Union Union as as it it had existed existed from the Founding Founding until until 1860. 1860. Indeed, Indeed, the the targets targets of of his his had from the rhetoric on on this this occasion are all all moderate moderate Unionists Unionists who who did did not not rhetoric occasion are aforetimes recognize, as did their necessity aforetimes recognize, as did their prophet prophet for for the the day, day, the the necessity for in their for aa greater greater perfection perfection in their bonds. bonds. The The war war was was long, long, says says Father wicked but Father Abraham, Abraham, not not simply simply because because the the rebels rebels were were wicked but furthermore because because many many of of their their adversaries adversaries were were reluctant. reluctant. In In furthermore the Weed (March 15, 1865) the letter letter to to Weed (March 15, 1865) Lincoln Lincoln observes, observes, in in speaking speaking of the the unpopularity unpopularity he he expects expects to to be be the the fate fate of of the the remarks remarks in in ques­ quesof tion, are not flattered by has tion, that that “men “‘men are not flattered by being being shown shown that that there there has been aa difference difference of of purpose purpose between between the the Almighty Almighty and and them. them. To To been deny it, however, in this case, is to deny that there is a God governdeny it, however, in this case, is to deny that there is a God govern­ ing the the world”.46 world”’.“* Since no Southerners were present present to to be offended ing Since no Southerners were be offended by the the Second Inaugural, and and since since Lincoln’s Lincoln’s teaching teaching in in that that ad­ adby Second Inaugural, dress refers refers chiefly chiefly to to those those who who had been patient patient with with the the divided divided dress had been house, evident that that his his targets targets in in interpreting interpreting long long war war and and house, itit isis evident heavy judgement are are those those who did not not see see before before secession secession the the heavy judgement who did necessity for conflict. conflict. How How this this reading reading of of the the American American teleology teleology necessity for 49 49

AA Better Better Guide Guide Than Than Reason Reason could be be expected expected to to bind bind up up wounds wounds in in any any conventional conventional sense sense is is could difficult to to determine. determine. But But the the end end result result is is to to give give Lincoln Lincoln aa difficult rhetorical upper upper hand hand he he had had not not sought at any any point point in in his his rhetorical sought at presidency prepare him by “‘“‘finish finish presidency and and to to prepare him to to do do whatever whatever he he means means by the work”. work”. It It is is to him, finally, finally, alone alone as as the the agent agent of of his his the to leave leave him, master, the most master, beyond beyond the most ultra-Republicans ultra-Republicans as as an an instrument instrument of of providence and and with with an authority few few mortal mortal men men have have ever ever aspired providence an authority aspired to hold hold in in their hands. Death Death confirmed confirmed him him (or (or rather, his design) to their hands. rather, his design) in that that condition. condition. Consider Consider for for an an illustration illustration Edward Edward M. Stanton’s in M. Stanton’s words after after reading reading the the Gettysburg Gettysburg Address Address to to an an 1868 1868 political political words audience in in Pennsylvania: Pennsylvania: “That “That is is the the voice voice of of God God speaking speaking audience through the lips of of Abraham Abraham Lincoln. Lincoln. .. .. .Y . You hear the the voice voice of of through the lips ou hear Father vain?”47 Such Such politics politics Father Abraham Abraham here here tonight. tonight. Did Did he he die die in in vain?’”’ are beyond beyond reason, reason, beyond beyond law, law, though though they they may may embody embody aa are rationalist objective. objective. They They are are also Jaffa’s model—from model—from authority authority rationalist also Jaffa’s and passion. passion. And And with with consequences now consider. consider. and consequences II shall shall now

XI XI Sir Herbert Herbert Read Read once once observed, observed, “is “is the the ultimate ultimate ““Style,” Style,” Sir morality of of mind. mind.”’” By By style style II would would understand understand him him to to mean mean all all the the morality elements go into of rhetoric, rhetoric, itsits elements that that go into the the composition composition of of aa piece piece of structural examining the structural elements elements as as well well as as its its textural; textural; and, and, in in examining the ““style” style” of of this this particular particular essay, essay, II find find an an extraordinary extraordinary lax­ laxity—which suggests suggests that that Professor Professor Jaffa Jaffa is is not not at at his best. Indeed, Indeed, II ity—which his best. can consummate and can hardly hardly recognize recognize here here the the consummate and ethical ethical rhetorician rhetorician of of the obviously ad­ of Crisis Crisis of the House House Divided Divided, , aa work work which which II obviously admire—though from from a a certain certain distance. The argument argument of of this this later later mire—though distance. The essay is is loose loose and meandering, like like some some ancient ancient river river that conessay and meandering, that isis con­ stantly winding winding back back on itself. Lincoln Lincoln as as aa young young legislative legislative can­ canstantly on itself. didate advocated (like didate once once advocated (like aa good, good, money-minded money-minded Whig) Whig) the the straightening of of such such rivers rivers by by cutting cutting off off the neck of of the the loops. loops. In In straightening the neck closing, II shall shall attempt attempt to to do do the the same same for for Mr. Jaffa’s argument, argument, if if closing, Mr. Jaffa’s only only to to indicate indicate the the tortuous tortuous nature nature of of the the “moral” “‘moral”’ impulse impulse which which lay behind behind its its composition. lay composition.

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The Heresy The Heresy of of Equality Equality In the the first place, as as my my metaphor suggests, this this is is an old river, river, In first place, metaphor suggests, an old an argument which which need an ancient ancient argument need not not be be developed developed again again in in detail detail since familiar enough its tenets tenets (i.e., (i.e., the equation since everyone everyone is is familiar enough with with its the equation of the social-contract social-contract theory theory with with some some theory theory of of equality). equality). What What is is of the new no more new in in this this lengthy lengthy diatribe diatribe is is no more than than the the ostensible ostensible targets targets of of Professor Jaffa’s And indeed Professor Jaffa’s attack, attack, Kendall Kendall and and Carey. Carey. And indeed they they could could be valid point departure for be aa valid point of of departure for an an egalitarian egalitarian like like Professor Professor Jaffa, Jaffa, since and Carey Carey do the true since Kendall Kendall and do define define the true American American political political tradition conservative and tradition as as both both conservative and hostile hostile to to Equality. Equality. But unfortunately unfortunately Kendall Kendall and and Carey Carey do do not raise their standBut not raise their stand­ ard on that spot where Professor ard on that spot of of polemical polemical ground ground where Professor Jaffa Jaffa would would like to do do battle. battle. They They do not become become overly overly preoccupied preoccupied with with like to do not slavery; and for for obvious obvious reasons Professor Jaffa Jaffa would would rather rather talk slavery; and reasons Professor talk about which are are the about slavery slavery than than the the political political documents documents which the an­ announced topic topic of of Bastc Symbols. And so he he does, does, curving curving around nounced Basic Symbols. And so around obstacles to reach the the sacred sacred subject, subject, turning turning his his argument argument in in that that obstacles to reach direction by direction by charging charging that that Kendall Kendall and and Carey Carey never never mention mention the the word word in in their their study study and and that that such such an an omission omission avoids avoids the the essential essential question of question of the the American American political political experience. experience. He He repeats repeats this this charge several several times times during during the the windings windings of his thesis, thesis, despite despite the the charge of his fact unfounded (pp. fact that that it it is is unfounded (pp. 479, 479, 486, 486, and and 491). 491). For For an an instance, instance, he 92 of he ignores ignores the the following following comment comment on on page page 92 of Basic Basic Symbols Symbols, , aa passage passage that that raises raises perhaps perhaps aa most most difficult difficult question question for for him him to to con­ consider: sider: However, the assembly that that approved approved the the Declaration Declaration would would not not subHowever, the assembly sub­ scribe of slavery scribe to to the the denunciation denunciation of slavery that that Jefferson Jefferson sought sought to to include, include, so that that we we might might be be led led to to believe believe that that the the signers signers were were talking of so talking of equality of of men men in in a a sense sense far far short short of that which which modern equality of that modern egalitarians egalitarians hold. hold.

Small Professor Jaffa’s Small wonder wonder that that Professor Jaffa’s rhetorical rhetorical river river veers veers sharply sharply away ground. Was away from from this this high high ground. Was it it forgotten forgotten or or ignored ignored in in order order to to avoid off in avoid the the issue issue it it raises? raises? Whatever Whatever the the reasons, reasons, itit flows flows off in that that direction, Divided, aa direction, attacking attacking Kendall’s Kendall’s review review of of Crisis Crisis of of the the House House Divided, Kendall essay in which the Kendall essay in which the issues issues are are relevant relevant to to slavery slavery and and 51 51

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furthermore furthermore aa matter matter of of historical historical interpretation. interpretation. Soon Soon we we are are curl­ curling and gliding gliding through through familiar familiar territory, much of of it it mythic mythic in in ing and territory, much nature and therefore simpler and purer than life. In Jaffa’s imnature and therefore simpler and purer than life. In Jaffa’s im­ aginary history aginary history of of the the United United States, States, Jefferson Jefferson is is the the drafter drafter of of the the Declaration, wrote in Notes on State of Declaration, but but not not the the slaveholder slaveholder who who wrote in Notes on the the State of Virginia that blacks to the the whites Virgina of of his his suspicion suspicion that blacks “are “are inferior inferior to whites in in the the endowments both both of of body body and and m mind” and that that this endowments ind” and this “‘unfortunate unfortunate difference difference of of colour, colour, and and perhaps perhaps of of faculty, faculty, is is aa powerful powerful obstacle obstacle to certainly not to the the emancipation emancipation of of these these people”; people’’; and and certainly not the the Virginian Virginian who called called ““Equality” abstraction” and its devotees devotees aa who Equality” aa ““‘mere mere abstraction” and its Alliance”. There, There, Locke Locke is is the the philosopher philosopher of of The The Second Second “‘Holy Holy Alliance”. Treatise man responsible Treatise, , but but not not the the man responsible for for Fundamental Fundamental Constitutions Constitutions for for Carolina. Carolina. Antebellum Antebellum slavery slavery is is a a kind kind of of Buchenwald;48 Buchenwald;* and and the the United States States Constitution Constitution is is drafted drafted with with aa tacit tacit understanding understanding United that “all ‘“‘all men men are are [really] [really] created created equal”, equal”’, that that this this is is aa proposition proposition that with “constitutional “constitutional status”, status”, in in spite spite of of the the fact fact that that the the Constitution Constitution with itself recognized the itself recognized the established established legal legal institution institution of of slavery slavery and and dis­ discouraged interpolation into its its provisions provisions of of what what is is not not clearly couraged interpolation into clearly there. there. All All of of these these oversimplifications oversimplifications ignore ignore one one overriding overriding ques­ question, and which tion, the the question question that that Kendall Kendall and and Carey Carey raise raise and which Professor Jaffa isis careful not to more Professor Jaffa careful not to consider. consider. Some Some “truths” “truths” are are more important than than the the Truth. Truth. Even the Truth Truth that that we have aa political political important Even the we have tradition that isis conservative tradition that conservative and and contrary contrary to to Lincoln. Lincoln. Thus, Thus, though the river of of Professor Professor Jaffa’s Jaffa’s argument argument seems seems erratic, erratic, its though the river its wanderings wanderings (like (like the the wanderings wanderings of of aa real real river) river) have have aa predictable predictable pattern; the course pattern; they they follow follow the course of of least least resistance. resistance. And And it it is is in in the the ppattern—tortuous a tte rn —tortuous and and circuitous—that circuitous—that one one can can see see the the relationship between his “style” and and his ultimate morality relationship between his ‘“‘style” his “‘“‘ultimate morality of of mind.” mind.” Yet cannot entirely Professor Jaffa Yet we we cannot entirely blame blame Professor Jaffa for for these these aberrations, this this great great falling away from from scholarly scholarly rectitude rectitude and and aberrations, falling away right reason. reason. His His errors errors are are endemic endemic among among his his kind—such kind—such Old Old right Liberals As Liberals as as identify identify their their politics politics with with the the Lincolnian Lincolnian precedent. precedent. As II have have tried tried to to indicate, indicate, such such errors errors constitute constitute what what amounts amounts to to a a flaw” within within that that intellectual intellectual tradition, tradition, aa fracture fracture impossiimpossi““genetic genetic flaw” 52 52

The Heresy The Heresy of of Equality Equality

ble to to preserve tranquility, and ble to heal. heal. Trying Trying to preserve property, property, secure secure tranquility, and promote equal equal rights, rights, all all at at the same time, time, insures insures that that none none of of promote the same these purposes accomplished. And these purposes will will be be accomplished. And insures insures also also a a terrible, terrible, unremitting tension, tension, both both among in power power and and among unremitting among those those in among those those whose hopes hopes are are falsely falsely raised. raised. Especially Especially with with persistence persistence in in think­ thinkwhose

ing all history ing of of men men outside outside of of all history that that is is not not Lincoln, Lincoln, and and apart apart from from the the durable durable communions communions of of craft craft and and friendship, friendship, faith faith and and blood. blood. It It has been, been, however, however, aa distinctive distinctive trait trait of of American American political political thought thought has to its worst worst as as it it touches touches upon upon the the Negro: Negro: to to break break down down when when to dodo its unable to make itit through through the the aforementioned aforementioned impasse impasse of of objec­ objecunable to make tives. Class Class struggle struggle has has been been the the result, result, to to say say nothing nothing of race con­ contives. of race flict. And And that that failing failing attaches attaches by by definition to the Republican iden­ idenflict. definition to the Republican tity, tity, flawing flawing it it perhaps perhaps forever forever as as aa viable viable conservative conservative instrument. instrument. Said the more derive their political identity Said another another way, way, the more aa people people derive their political identity from from Lincoln’s Lincoln’s version version of of Equality, Equality, the the more more they they are are going going to to push push against the given and and providential providential frame frame of of things things to to prove prove up up the the against the given magic of magic phrase. phrase. And, And, therefore, therefore, the the more more they they will will (to (to repeat repeat one one of my favorite favorite images) kick the the “tar “‘tar baby”’.“” we all all know know how how my images) kick baby”.49 And And we that story story ends. ends. that NOTES NOTES

1.1. When When pressed pressed in in debate debate by by the the righteous righteous minions minions of of Equality, Equality, an an antebellum antebellum

Northern statesman of the Northern statesman once once called called sentence sentence two two of the Declaration Declaration aa “self-evident ‘“‘self-evident lie”. lie”. Con­ Con-

The Federalist, No. 10. 10. sider also The Federalist, No. 2.2. See See Helmut Helmut Schoek, Schoek, Envy: Envy: A A Theory Theory of of Social Soctal Behavior Behavior (New (New York: York: Harcourt Harcourt Brace Brace Jovanovich, 1970). 1970). Jovanovich, 3.3. On and the On Power: Power: Its Its Nature Nature and the History History of of Its Its Growth Growth (Boston: (Boston: Beacon Beacon Press, Press, 1962). 1962). See Eric Eric Voegelin, Voegelin, Science, Science, Politics Polttics and and Gnosticism Gnosticism (Chicago: (Chicago: Henry Henry Regnery Regnery Co., Co., 1968), 1968), 4.4. See pp.. 99-100. 99-100. Poetry”, Southern PP 55 Robert Robert Penn Penn Warren, Warren, “Democracy ‘Democracy and and Poetry”’, Southern Review Review, , XI XI (January, (January, 1975), 1975), 28. p.. 28. ° 6. 6. See See my my “A “A Writ Writ of of Fire Fire and and Sword: Sword: The The Politics of Oliver Oliver Cromwell”, Cromwell”, in in No. No. 33 of of The The Politics of Occasional Occasional Review Review (Summer, (Summer, 1975), 1975), pp. pp. 61-80. 61-80. 7.7. Doctrine Doctrine is is aa loaded loaded word. word. It It is is here here suggestive suggestive of of theology, theology, revealed revealed truth, truth, though though Lin­ Lincoln sort Jefferson coln means means by by itit the the kind kind of of demonstrable demonstrable “abstract “abstract truth” truth” of of the the sort Jefferson “embalmed” into into aa “merely “‘merely revolutionary revolutionary document”. document”. See See Lincoln’s Lincoln’s letter to Messrs. Messrs. Henry Henry “embalmed” letter to L. Pierce Pierce & & Others, Others, April April 6, 6, 1859, 1859, on pp. 374-376 374-376 of of Vol. Vol. Ill III of The Collected Collected Works Works of of Abraham Abraham L. on pp. of The Lincoln (New (New Brunswick, Rutgers University University Press, 1953). The The usage usage is is thus thus aa device device for Lincoln Brunswick, N.J.: N.J.: Rutgers Press, 1953). for “having it it both both ways”, ways’’, as as does Jaffa when when claiming claiming that that the the commandments of Sinai Sinai are “having does Jaffa commandments of are sider also

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AA Better Better Guide Guide Than Than Reason Reason knowable by unassisted unassisted human human reason. reason. For For the the commandments commandments are are explained explained only only in in knowable by

Christ—a scandal to to the the Greeks. Greeks. Christ—a scandal 8.8. Edmund the Revolution Edmund Burke, Burke, Reflections Reflections on on the Revolution in in France France (Chicago: (Chicago: Henry Henry Regnery Regnery Co., Co., 1955), p.p. 240. 1955), 240. 9.9. Ibid., 244. See of thinking Louis I.I. Bredvold’s Ibid., p. p. 244. See also also on on this this manner manner of thinking Louis Bredvold’s The The Intellectual Intellectual Milieu Press, 1934) also The The Brave Milieu of of John John Dryden Dryden (Ann (Ann Arbor: Arbor: University University of of Michigan Michigan Press, 1934) and and also Brave New World New World of of the the Enlightenment Enlightenment (Ann (Ann Arbor: Arbor: University University of of Michigan Michigan Press, Press, 1961) 1961) by by the the same same author. Swift Swift is is aa major major illustration illustration of of this this intellectual intellectual habitus. identify with with it. it. author. habitus. II identify 10. II borrow borrow from from the The Rhetorical 10. the title title of of Paul Paul Fussell’s Fussell’s The Rhetorical World World of of Augustan Augustan Humanism Humanism (Ox­ (Ox-

ford: Clarendon Press, Bolton’s The ford: The The Clarendon Press, 1965). 1965). In In the the same same connection connection see see J.T. J.T. Bolton’s The Language Language of of Politics in in the the Age Age of Wilkes and and Burke Burke (Toronto: (Toronto: University University of of Toronto Toronto Press, Press, 1963). 1963). Politics of Wilkes 11. See Jaffa’s Jaffa’s Equality Equality & & Liberty: Liberty: Theory and Practice Practice in in American Politics (New (New York: Oxford 11. See Theory and American Politics York: Oxford University (Chicago: Universi­ University Press, Press, 1965), 1965), p. p. 122; 122; and and Leo Leo Strauss’ Strauss’ Natural Natural Right Right and and History History (Chicago: University ty of of Chicago Chicago Press, Press, 1953), 1953), pp. pp. 1-9. 1-9. 12. Jaffa There are, 12. Jaffa accepts accepts the the Puritan Puritan typology typology for for the the American American venture. venture. There are, we we should should remember, remember, alternative alternative formulations formulations {Equality (Equality & & Liberty, Liberty, pp. pp. 116-117)—formulations 116-117)—formulations less less in­ infected with with secularized secularized eschatology. And if if Jaffa Jaffa pursues pursues his his analogue, he should should remember remember fected eschatology. And analogue, he that that there there was was slavery slavery in in Israel Israel and and among among the the ancient ancient Jews Jews aa racism racism so so virulent virulent that that they they considered considered some some neighboring neighboring peoples peoples too too lowly lowly even even for for enslavement enslavement and and fit fit only only for for slaughter. Or Or too too wicked wicked (Indians, (Indians, the the Irish Irish at at Drogheda, Drogheda, etc.). etc.). slaughter. 13. Peter Alfred A. Knopf, 1966), 13. Peter Gay, Gay, The The Enlightenment: Enlightenment: An An Interpretation Interpretation (New (New York: York: Alfred A. Knopf, 1966), pp. pp. ix-xiv. ix-xiv. 14. 14. See See Maurice Maurice Ashley, Ashley, The The Glorious Glorious Revolution Revolution of of 1688 1688 (New (New York: York: Scribner’s, Scribner’s, 1966), 1966), pp. pp. 97-106. 97-106. 15. And this this of of course course includes certain established established rights, rights, plus plus aa balance balance between between the the 15. And includes certain values of of liberty liberty and and community. community. II do do not not mean mean to to minimize minimize the the value value of of these these achievements. achievements. values Clearly identify with Clearly II identify with them. them. 16. Equality Leonard Woods 16. Equality & & Liberty, Liberty, pp. pp. 114-139. 114-139. For For correction correction (in (in some some respects), respects), see see Leonard Woods Labaree’s Labaree’s Conservatism Conservatism inin Early Early America America (Ithaca: (Ithaca: Cornell Cornell University University Press, Press, 1959), 1959), pp. pp. 119-122; 119-122; and Clinton Republic (New and Clinton Rossiter’s Rossiter’s The The Seedtime Seedtime of of the the Republic (New York: York: Harcout, Harcout, Brace Brace & & World, World, 1953), especially especially p. p. 345; 345; also also Ashley, op. cit., cit., pp. pp. 193-198. 193-198. 1953), Ashley, op. 17. 17. David David Duncan Duncan Wallace, Wallace, South South Carolina: Carolina: A A Short Short History, History, 1520-1948 1520-1948 (Columbia: (Columbia: Universi­ University of South Carolina Carolina Press, Press, 1966), 1966), p. p. 25. 25. ty of South 18. John Fohn Locke Locke, , Two Treatises of of Government: Government: A A Critical Edition with with Introduction Introduction and and Apparatus Apparatus 18. Two Treatises Critical Edition Criticus, by by Peter Peter Laslett Laslett (Cambridge, England, 1960), 1960), p. 159. Criticus, (Cambridge, England, p. 159. 19. For For examples examples consider consider Bernard Bernard Bailyn’s Bailyn’s The The Ideological Ideological Origins of the the American American Revolution Revolution 19. Origins of (Cambridge, Mass.: Mass.: Harvard Harvard University University Press, Press, 1967); 1967); and Gordon S. Wood’s Creation of of (Cambridge, and Gordon S. W ood’s The The Creation the American American Republic, Republic, 1776-1787 1776-1787 (Chapel (Chapel Hill, University of of North North Carolina Carolina Press, Press, 1964). 1964). the Hill, University Somewhat better better are H. Trevor Trevor Colbourn’s Colbourn’s The The Lamp Lamp of of Experience: Experience: Whig Whig History History and the Somewhat are H. and the Intellectual Origins Origins of the American American Revolution Revolution (Chapel (Chapel Hill: Hill: University of North North Carolina Press, Intellectual of the University of Carolina Press, 1965); and and Merrill Jensen’s The The Founding Founding of of aa Nation: Nation: A A History History of of The The American American Revolution, 17631965); Merrill Jensen’s Revolution, 17631776 (New York: 1776 (New York: Oxford Oxford University University Press, Press, 1968). 1968). These These last last two two books books are are especially especially good good on on the “reluctant ‘reluctant rebels”, who were were Burkean, Burkean, not not Lockean Lockean Whigs, Whigs, postulating postulating law, law, not not aa state state the rebels”, who of nature nature (i.e., (i.e., where where aa fullscale, fullscale, new new contract contract can can be be drawn). drawn). See See also also Wallace Wallace {op. (op. cit., cit., p. p. of 273) an account South Carolina 273) for for an account of of aa prescriptive prescriptive South Carolina patriot—William patriot—William Henry Henry Drayton. Drayton. (Or (Or see my my essay essay on on him elsewhere in in this this volume.) volume.) see him elsewhere 20. 20. In In strict strict logic logic there there is is aa problem problem with with quantification quantification if if the the proposition proposition is is supposed supposed to to be be universal: universal: aa universal universal proposition proposition would would read read “every “‘every man man is is created created equal equal to to every every other other man.” Jefferson’s Jefferson’s phrase merely aa loose loose generalization, generalization, when when seen in this this light. For the the man.” phrase isis merely seen in light. For libertarian the trouble trouble goes goes the the other way around: around: if if all all men men are are by nature equal (morally, in in libertarian the other way by nature equal (morally,

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The Heresy of The Heresy of Equality Equality will, will, intellect, intellect, etc.), etc.), then then only only circumstances circumstances can can explain explain the the inequalities inequalities which which develop. develop. And And these these circumstances circumstances are are thus thus offences offences against against nature nature and and the the Divine Divine Will—offences Will—offences de­ demanding correction. correction. What What some some libertarians libertarians try try to to get get out out of “created equal” equal” is is “created “created unmanding of “created un­ equal, an equal phrase will equal, but but given given an equal start”. start”. Jefferson’s Jefferson’s phrase will not not submit submit to to this. this. 21. 21. An An exception exception is is Russell Russell Kirk’s Kirk’s The The Roots Roots of of Amencan American Order Order (La (La Salle, Salle, 111.: Ill.: Open Open Court, Court, 1974). (See (See my estimate of of that that work work in the last last study in this this volume.) volume.) 1974). my estimate in the study in 22. One One has has the temptation to to say, say, as did of of the the rhapsode rhapsode in in Plato’s Plato’s Ion, Jon, that that they they 22. the temptation as Socrates Socrates did understand knowledge but understand the the subject subject not not by by art art or or knowledge but by by “inspiration”. “inspiration”. 23. II began began to develop this view in in “‘‘Lincoln’s New Frontier: Frontier: A A Rhetoric Rhetoric for for Continuing Continuing 23. to develop this view Lincoln’s New Revolution”, Tnumph, Triumph, VI, VI, No. No. 55 (May, (May, 1971), 1971), pp. pp. 11-13 11-13 and and 21; 21; VI, VI, No. No. 66 (June, (June, 1971), Revolution”, 1971), pp. pp. 15-17. II use use the the term from Eric Eric Voegelin’s New Science Science of of Politics Politics (Chicago: (Chicago: University University of of 15-17. term from Voegelin’s New Chicago Press, 1952). 1952). Chicago Press, 24. For For aa chronicle chronicle of of these these events events see see Jensen Jensen {op. (op. cit.) cit.) and Lawrence H. Gipson’s The The Com­ Com24. and Lawrence H. Gipson’s ing of of the the Revolution, Revolution, 1763-1775 1763-1775 (New (New York: York: Harper & Brothers, Brothers, 1954). 1954). ing Harper & 25. Charter Charter and compact are are usually in the the language language of of the the Whigs, Whigs, and and usually usually 25. and compact usually synonyms synonyms in imply aa relation relation of of unequals. imply unequals. 26. There isis no room for 26. There no room for “secret “secret writing” writing” in in public public declarations. declarations. 27. IEcite Volume II of of Julian P. Boyd’s Boyd’s edition edition of of The The Papers of Thomas Thomas Jefferson Jefferson (Princeton: (Princeton: 27. cite Volume Julian P. Papers of Princeton Press, 1950). pp. 315-319 315-319 and Carl Becker, Princeton University University Press, 1950). pp. and 414-433. 414-433. Carl Becker, in in his his valuable valuable The The Declaration Declaration of of Independence: Independence: A A Study Study in in the the History History of of Politics Politics and and Ideas Ideas (New (New York: York: Vintage Vintage Press, Press, 1958), argues argues unreasonably unreasonably that bill of of particulars not really important to to the the meaning 1958), that this this bill particulars isis not really important meaning of admirer of of the the Declaration. Declaration. He He was, was, however, however, as as we we should should remember, remember, an an admirer of the the philosophes—and no no rhetorician. rhetorician. philosophes—and 28. The The image image here here isis drawn drawn from from one one of of the the Fathers of English English law, chapter 13 of the the 28. Fathers of law, from from chapter 13 of De De Laudibus Laudibus Legum Legum Angliae Angltae (1471) (1471) of of Sir Sir John John Fortescue Fortescue (Cambridge, (Cambridge, England: England: Cambridge Cambridge University Press, Press, 1949), 1949), the the edition edition and and translation translation by by S.B. S.B. Chrimes. Chrimes. University 29. Union was 29. Jaffa’s Jaffa’s argument argument that that one one national national Union was decided decided upon upon in in 1774-1776 1774-1776 or or before before is is easily R. Alden’s easily refuted refuted by by John John R. Alden’s The The First First South South (Baton (Baton Rouge: Rouge: Louisiana Louisiana State State University University Press, (Baton Rouge: Press, 1961); 1961); in in Alden’s Alden’s The The South South inin the the Revolution, Revolution, 1763-1789 1763-1789 (Baton Rouge: Louisiana Louisiana State State University L. Robinson’s Politics, University Press, Press, 1957); 1957); and and in in Donald Donald L. Robinson’s Slavery Slavery in in the the Structure Structure of of American American Politics, 1765-1820 (New York: Harcourt Harcourt Brace Brace Jovanovich, Jovanovich, 1971), 1971), p. p. 146 146 et e passim. passim. More More than than one one 1765-1820 (New York: Union has has always been aa possibility possibility to entertained by by deliberate deliberate men. men. See See Staughton Staughton Union always been to bebe entertained Lynd’s Critique of Constitution”, in Lynd’s “The ‘The Abolitionist Abolitionist Critique of the the United United States States Constitution”, in The The Antislavery Antislavery Vanguard: the Abolitionists, Princeton Univer­ Vanguard: New New Essays Essays on on the Abolitionists, ed. ed. Martin Martin Duberman Duberman (Princeton: (Princeton: Princeton University Press, Press, 1965), 1965), pp. pp. 210-239. 210-239. sity 30. For instance, instance, Professor Professor Jaffa Jaffa in in forcing forcing the the notion of aa Union before the the Constitution 30. For notion of Union before Constitution into “We the the Preamble. into the the ‘We the People” People” of of the Preamble. Few Few scholars scholars deny deny that that the the people people acted acted through through the the states states to to ratify—as ratify—as they they had had to to form form aa Constitutional Constitutional Convention. Convention. To To this this day day they they act act through the the states to amend. amend. They They existed existed at at law law through through the the maintenance maintenance of of their their several several through states to freedoms freedoms in in battle. battle. They They formed formed the the Confederation. Confederation. The The Declaration Declaration was was only only aa negative negative precondition precondition to to aa Union Union and and to to the the firmer firmer connection connection that that followed. followed. Underneath Underneath all all of of this this may stand stand an an unwritten unwritten Constitution, Constitution, joining joining the the partners partners of of the the Declaration Declaration in in more more ways ways may than other ends: than are are specified specified in in 1787. 1787. And And perhaps perhaps also also committing committing them them to to other ends: ends ends which which Professor would not which sancsanc­ Professor Jaffa Jaffa would not care care to to consider. consider. That That compact compact was was the the prescription prescription which tioned the the Continental of the tioned Continental Congress—a Congress—a creature creature of the chartered chartered colonies. colonies. If If the the Declaration Declaration commits to anything, anything, it it isis to to that that prescription—a prescription—a compact compact of of “the “the living, dead, and and yet yet un­ uncommits to living, dead, born”. The The continued continued operation operation of society united united in in such compact constitutes assent, born”. of aa society such aa compact constitutes assent, regardless the only regardless of of official official legal legal relations. relations. New New members members are are the only ones ones who who are are “sworn “‘sworn in in”.”. 31. For For instance, instance, the the 32 32 acts acts passed passed by Virginia’s colonial colonial House House of of Burgesses Burgesses which which call­ call31. by Virginia’s ed trade, all negated by ed for for aa restriction restriction of of the the trade, all of of them them negated by the the Crown Crown at at the the behest behest of of Northern Northern

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AA Better Better Guide Guide Than Than Reason Reason traders. traders. Reports Reports of of ihe ine Constitutional Constitutional Convention Convention of of 1787 1787 indicate indicate the the same same sort sort of of pressures, pressures, resolved there there by by reasonable reasonable men men determined determined to close out divisive subject. subject. resolved to close out aa divisive 32. See See “Getting Right with with Lincoln”, Lincoln”, pp. pp. 3-18 3-18 of of David David Donald’s Donald’s Lincoln Lincoln Reconsidered Reconsidered 32. “Getting Right (New York: York: Vintage Vintage Press, Press, 1961). 1961). (New 33. Equality: Commitment Ideal?” Phalanx 33. And And especially especially from from Kendall’s Kendall’s ““Equality: Commitment or or Ideal?” Phalanx, , II (Fall, (Fall, 1967), about Kendall’s Kendall’s silences. 1967), pp. pp. 95-103, 95-103, which which answers answers some some of of Jaffa’s Jaffa’s complaints complaints about silences. II find find itit curious curious that piece. that Jaffa Jaffa does does not not mention mention this this piece. 34. 34. Except Except for for reasons reasons of of strategy strategy (guilt (guilt by by association), association), II cannot cannot see see why why Jaffa Jaffa identifies identifies Basic of the Basic Symbols Symbols of the American American Political Political Tradition Tradition with with the the South. South. For For Kendall Kendall and and Carey Carey begin begin with with Massachusetts Massachusetts and and Connecticut. Connecticut. 35. 35. See See p. p. 226 226 of of Jaffa’s Jaffa’s own own Crisis Crisis of of the the House House Divided Divided (Seattle: (Seattle: University University of of Washington Washington Press, 1973). Press, 1973).

36. ilson’s magisterial the Literature 36. See See Edmund Edmund W Wilson’s magisterial Patriotic Patriotic Gore: Gore: Studies Studies inin the Literature of of the the American American Civil War War (New (New York: York: Oxford Oxford University University Press, Press, 1962), 1962), pp. pp. 99-130. 99-130. Surely Wilson cannot cannot be be Civil Surely Wilson mistaken in in arguing arguing that that Lincoln Lincoln saw saw himself himself in in his his portrait portrait of of the the “new “new founder”. founder”. For For Lin­ Linmistaken coln coln clearly clearly knows knows the the animal animal he he describes describes on on aa more more intimate intimate basis basis than than mere mere speculation speculation or observation observation could could provide. provide. Wilson Wilson compares compares Lincoln Lincoln (pp. (pp. xvi-xx) xvi-xx) to to Bismarck Bismarck and and or Lenin—the other other great great founders founders of of our Another useful useful analogue analogue (a (a firm firm higher-law higher-law man, man, Lenin—the our age. age. Another and no legalist or or historicist) Adolph Hitler. Hitler. For For he he writes writes in Mein Kampf Kampf that that “human and no legalist historicist) isis Adolph in Mein “human rights break state rights”, rights”, calls calls for for illegal illegal as as well well as as legal legal instruments instruments in in “wars “wars of of rebellion rebellion rights break state against enslavement enslavement from from within within and and without”, without”’, observes observes that that all all governments governments by by oppression oppression against plead the the law, law, and concludes, “I “I believe believe today today that that II am am acting acting in in the the sense sense of of the the Almighty Almighty plead and concludes, Creator of 1938, York Creator .. .. .. fighting fighting for for the the Lord’s Lord’s work.” work.” (I (I cite cite the the edition edition of 1938, published published in in New New York by Reynal Reynal and and Hitchcock, Hitchcock, pp. pp. 122-123 and 84). by 122-123 and 84). 37. Donald, Donald, op. op. cit., cit., p. p. 131. 131. 37. 38. Roy Roy P. P. Basler, Basler, The The Touchstone Greatness: Essays, Essays, Addresses Addresses and and Occasional Occasional Pieces Pieces about about 38. Touchstone for for Greatness: Abraham Lincoln Lincoin (Westport, (Westport, Conn.: Conn.: Greenwood Greenwood Press, Press, 1973), 1973), pp. pp. 206-227. 206-227. Abraham 39. 39. Jaffa Jaffa praises praises Fehrenbacher’s Fehrenbacher’s work. work. 40. AA Constitutional the States (Philadelphia: National 40. Constitutional View View of of the the Late Late War War Between Between the States (Philadelphia: National Publishing Volume II, 266. Publishing Co., Co., 1868), 1868), Volume II, p. p. 266. 41. Lincoln’s use of this passage passage is is curious. curious. For, the context context makes makes clear, clear, Christ’s Christ’s point point 41. Lincoln’s use of this For, asas the in Devil would in setting setting up up the the dichotomy dichotomy is is that that the the Devil would not not help help his his servants servants to to ruin ruin his his own own plans. plans. 42. See See David David Brion Brion Davis’ Davis’ The The Slave Slave Power Power and and the the Paranoid Paranoid Style Style (Baton (Baton Rouge: Rouge: Louisiana Louisiana 42. State pp. 10-11. State University University Press, Press, 1969), 1969), especially especially pp. 10-11. 43. because II deny 43. II use use quotation quotation marks marks because deny that that they they were were ever ever founded, founded, in in that that term’s term’s strict strict sense. sense. 44. Political Dilemma 44. America*s America’s Political Dilemma: : From From Limited Limited toto Unlimited Unlimited Democracy Democracy (Baltimore: (Baltimore: Johns Johns Hopkins Press, Press, 1968), 1968), pp. pp. 17-62. 17-62. He He isis supported supported by by papers papers published published in National Review Review by by Hopkins in National the 965; Jan. the late late Frank Frank Meyer Meyer (Aug. (Aug. 24, 24, ^ ‘965; Jan. 25, 25, 1966). 1966). 45. Liberty clearly the greatest traditional 45. Liberty is is clearly the American American value value of of greatest traditional authority—meaning authority—meaning “liberty to to be be ourselves”, ourselves”, aa nation nation which which assumes assumes an an established, established, inherited inherited identity. identity. On On the the “liberty part played played by by the the Gettysburg Gettysburg Address Address in in this this process, my Triumph Triumph essay essay cited above and and cited above part process, see see my revised for for this this volume. volume. revised 46. Lincoln, Lincoln, Collected Works, vol. VIII, p. p. 356. 356. 46. Collected Works, vol. VIII, 47. Donald, op. ctt., p. 8.8. 47. Donald, op. cit., p. 48. This analogy of Stanley 48. This analogy smacks smacks of Stanley Elkins’ Elkins’ now now discredited discredited theory theory in in Slavery: Slavery: A A Problem Problem in in American Chicago Press, American Institutional Institutional Life Life (Chicago: (Chicago: University University of of Chicago Press, 1959). 1959). For For correction correction see see Eugene D. Made (New Eugene D. Genovese’s Genovese’s Roll, Roll, Jordan, Jordan, Roll: Roll: The The World World the the Slaves Slaves Made (New York: York: Pantheon Pantheon Books, 1974). 1974). Also Also consider consider the the fact fact that that Jews Jews were were proscribed proscribed under under Hitler—all Hitler—all Jews, in the Books, Jews, in the

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The Heresy Equality The Heresy ofof Equality same way—while blacks could or freemen same way—while antebellum antebellum Southern Southern blacks could be be slaves slaves or freemen or or even even slaveholders. slaveholders. 49. Night:TheTheSouthern SouthernConservative ConservativeView”, View”,Modern ModernAge,AgeXVII , XVII 49. “A “AFireFireBellBellin inthe th. 15 His His task task was was Inhabitants the Lords

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AA Better Better Guide Guide Than Than Reason Reason easily accomplished; accomplished; and, and, in in 1771, 1771, the the Privy Privy Council acknowledged easily Council acknowledged the the fait fait accompli accompli of of aa justified justified Populist Populist revolution revolution by by sending sending out out the the veteran Francis Nicholson Nicholson as as the the first first royal royal governor. veteran Francis governor. The failure of Proprietors in The failure of the the Proprietors in South South Carolina Carolina was was of of the the usual kind, kind, repeated repeated in in other other places American colonial colonial usual places throughout throughout American history: aa tendency tendency to to imagine imagine that that they they could could treat treat Englishmen Englishmen as as history: mere property, property, an an indifference indifference to to their their responsibilities responsibilities as as stewards stewards mere of the the society society growing growing rapidly rapidly to to maturity maturity under under (or (or despite) despite) their their of direction. direction. Their Their specific specific crimes crimes against against the the rationale rationale of of their their enter­ enterprise, confederation, involved for their prise, the the rule rule of of confederation, involved the the seizure seizure for their own own use of of property acquired in in aa war war they they did did not support. The The refusal refusal use property acquired not support. to to confirm confirm clear clear titles titles to to improved improved lands lands long long occupied occupied com­ compounded this this offense. offense. As As did did bad bad faith faith in in the the matter matter of of their their rents. rents. pounded Plus efforts to holdings. Finally, Plus other other efforts to draw draw revenue revenue from from injured injured holdings. Finally, after after the the 1719 1719 transfer transfer of of power, power, the the Proprietors Proprietors capped capped off off their their record of of irresponsibility irresponsibility in in attempting attempting to to ““unload” South Carolina Carolina record unload” South as shares in as aa “bubble”, “‘bubble”’, offering offering shares in it it upon upon the the Exchange. Exchange. Yet, Yet, as as Professor Crane Crane has has argued, argued, there no doubt doubt that that “the “‘the crux crux of the Professor there isis no of the controversy had had been been the the failure failure of of the the Proprietors Proprietors to to provide provide adecontroversy ade­ quate defence.”16 defence.’”"* This This charge charge had had aa considerable considerable history. history. But But itit quate had come come to to aa head head during during and and after after thu, th. Yamasee Yamasee War War of of 1715. 1715. Out had Out of aa false false economy economy and and aa clear clear indifference indifference to to the the lives lives of of their their of settlers, the Proprietors (a different lot worthies who settlers, the Proprietors (a different lot from from those those worthies who had founded founded the the colony) colony) forfeited the confidence confidence of of their American had forfeited the their American servants. And servants. And persuaded persuaded them them that that what what had had once once been been aa com­ community, of interest only aa source munity, of interest and and spirit, spirit, was was now now only source of of revenue. revenue. And for And for the the war-damaged war-damaged colonists, colonists, aa one-sided one-sided source. source. To To that that sort ofof colony colony no sort no Englishman Englishman would would agree. agree. The conditions which which brought brought about an end end to to proprietary proprietary The conditions about an government in Georgia Georgia followed followed closely those that prevailed in in the the government in closely those that prevailed South Carolina of of 1719.17 1719.7 Though Though itit did wait so so long long for South Carolina did not not wait for Georgians to effect effect aa popular popular combination. combination. And, And, due the infant infant Georgians to due toto the state of of the the colony colony when when it it began began to call upon upon the the Crown Crown for for relief, state to call relief, the change in in auspices auspices was was not not so But the the the change so easily easily accomplished. accomplished. But main difference difference between between the the “clamorous “clamorous malcontents” of old old main malcontents” of 6688

Word Word from from the the Forks Forks of of the the Creek Creek

Georgia and up the the coast the nature Georgia and their their counterparts counterparts up coast was was in in the nature of of their objection adversary (as their objection to to proprietary proprietary rule. rule. Their Their adversary (as isis the the case case with so so many many modern modern Populists) Populists) was was not mere greed, but spiritual spiritual with not mere greed, but pride and ideology. ideology. And And against against this this enemy they could could do do nothing, nothing, pride and enemy they at at least least until until the the follies follies of of James James Oglethorpe Oglethorpe and and his his associates associates were were well understood understood by by their their sometime sometime admirers admirers in in both Court and and well both Court Parliament. Parliament.

Concerning Concerning popular popular rebellion rebellion in in Georgia Georgia we we emphasize emphasize therefore therefore the the role role of of written written remonstrance. remonstrance. In In aa place place so so new, new, so so small, small, so so surrounded, surrounded, and and so so totally totally controlled, controlled, only only petitions petitions would bring relief. relief. Which circumstances, for for the would serve serve to to bring Which circumstances, the ends ends of of this study study are are fortunate fortunate indeed. indeed. For For by by being being embodied embodied in in aa this pamphlet pamphlet war war the the social social theory theory at at stake stake in in this this colonial colonial dispute dispute is is preserved or rather, rather, the the social social theories. theories. In In that that preserved for for examination, examination, or conflict Proprietors (as (as we we could could expect) expect) also had their their cham­ chamconflict the the Proprietors also had pions. Much of this pions. Much of this material material has has been been usefully usefully collected collected by by the the Beehive Press of in aa volume volume entitled Beehive Press of Savannah Savannah in entitled The The Clamorous Clamorous Malcontents: Criticisms Criticisms and and Defenses Defenses of of the the Colony Colony of Georgia, Ί741-Ί743 1741-1743.".18 Malcontents: of Georgia, We We may may look look to to this this collection collection to to discover discover the the emerging emerging shape shape of of Southern Southern Populism Populism in in one one particular particular community. community. The founding founding of of Georgia, Georgia, we remember, comes comes quite quite late late in in The we remember, the the colonial colonial period. period. General General Oglethorpe Oglethorpe and and his his friends friends received received their and began began their their authorization authorization in in 1732, 1732, and their planting planting the the following following year. For the the particulars particulars of of the the philanthropic philanthropic plan plan behind behind the the crea­ creayear. For tion of this buffer community at the Southern end of British tion of this buffer community at the Southern end of British America look to the royal America we we should should look to the royal charter charter itself.19 itself.'° There There it it is is guaranteed that the guaranteed that the trustees trustees shall shall make make no no laws laws or or regulations regulations “contrary or or repugnant repugnant to Laws or or Statutes Statutes of of this this our our “contrary to the the Laws Realm.”20 Upon Realm.’”° Upon this this promise promise and and out out of of aa desire desire “to ‘“‘to refashion refashion [Georgia] in the image of other other English [Georgia] in the image of English settlements,” settlements,” thus thus protec­ protecting in in their their midst midst the the ““naturall Rights” and and “priviledges “‘priviledges of of British British ting naturall Rights” subjects,” the the principal principal settlers settlers of this new new colony cried out out that that the the subjects,” of this colony cried day to their lives changed.21 day to day day regulation regulation of of their lives might might be be completely completely changed.”! In specific they included of natural In specific they included under under the the heading heading of natural and and inherited inherited rights denied denied by by Oglethorpe’s Oglethorpe’s Spartan, Spartan, reformist reformist regimen regimen the the opoprights 69 69

AA Better Better Guide Guide Than Than Reason Reason portunity to to hold hold land in fee fee simple, in whatever whatever quantity quantity they they portunity land in simple, in could could acquire; acquire; the the right right to to purchase purchase aa plentiful plentiful supply supply of of rum; rum; and and the right right to to buy buy aa Negro Negro or or two, two, and and keep keep out out of of the the sun. sun. There There the were, of were, of course, course, other other complaints complaints against against appointed appointed and and un­ unremovable magistrates magistrates and and administrators, administrators, against against the the unwisdom unwisdom removable of particular of particular distributions distributions of of land, land, and and against against the the condition condition of of every grant that every grant that the the new new holder holder grow grow mulberry mulberry trees trees to to provide provide for for the also objections the military the requisite requisite worms.22 worms.” And And also objections to to the military adven­ adventures and and vulnerability vulnerability to to which which the the colony colony was was subjected. subjected. But But the the tures major major thrust thrust of of every every letter letter and and petition petition was was against against the the absence absence of of structure for for self-government; self-government; against against the the denial denial of of constitutional constitutional aa structure rights; and and against against the the impossible impossible conditions conditions produced produced by by that that rights; denial.23 denial.” For For aa complete complete (and (and artful) artful) expression expression of of this this position position we we should look should look closely closely at at AA True True and and Historical Historical Narrative Narrative of of the the Colony Colony of of Georgia, , by Patrick Tailfer, Tailfer, Hugh Hugh Anderson, Anderson, David David Douglas, Douglas, et et al. al. Georgia by Patrick And James Oglethorpe, And particularly particularly at at the the mock mock encomium encomium to to James Oglethorpe, Esq., with with which begins, one one of of the the minor classics of of our our colonial Esq., which itit begins, minor classics colonial literature.“ In In these these pages pages the the “benevolent” ‘‘benevolent”’ founder founder is is praised praised as as literature.24 one who made made aa desert and called called it it peace. peace. Or Or if if not not peace, peace, then then one who desert and order. The Proprietors Proprietors are are credited credited with with having created poverty order. The having created poverty and misery misery by dy design: and design :

You considered You considered Riches Riches like like aa Divine Divine and and Philosopher, Philosopher, as as the the irritamenta irritamenta malorum that they malorum, , and and knew knew that they were were disposed disposed to to inflate inflate weak weak minds minds with with Pride, to to pamper pamper the the Body Body with with Luxury, Luxury, and and introduce long variety variety of of Pride, introduce aa long Evils. Thus Thus have have you us from from ourselves ourselves, , as as Mr. Mr. Waller Waller says, says, by by Evils. you protected protected us keeping from us. keeping all all earthly earthly comforts comforts from us. You You have have afforded afforded us us the the Oppor­ Opportunity of arriving arriving at at the the integrity integrity of of Primitive Primitive Times, Times, by by entailing entailing aa tunity of Primitive Primitive Poverty Poverty on on us.25 us.”

Later, the satirists satirists tell tell their their onetime onetime sponsors sponsors that that their their han­ hanLater, the diwork declines declines toward toward ruin, ruin, giving giving them them an an unusual unusual opportunity diwork opportunity to of their to observe observe in in the the “child” “child” of their “auspicious ‘auspicious Politicks” Politicks” aa miniature miniature of full cycle history, from of the the full cycle of of human human social social history, from beginning beginning to to end. end. And for (used here And for such such “projecting” “projecting” (used here as as Swift Swift applies applies the the term), term),

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Word Creek Word from from the the Forks Forks of of the the Creek they are promised promised an an immortal immortal name. name. Though of what what sort sort it it is is they are Though of only only implied. implied. The The narrative narrative which which follows follows this this ironic ironic praise praise served served only to to develop its themes.26 themes.** They They are are repeated repeated in in other petitions only develop its other petitions signed signed by by most most of of the the freemen freemen still still resident resident (in (in 1740 1740 or or 1741) 1741) beyond the the Savannah. Savannah. The only exceptions exceptions were were aa few few settlers settlers in in beyond The only service to to silence silence by service to the the trustees, trustees, and and aa few few kept kept to by favor favor or or fear. fear. Plus certain others others too too disgusted disgusted to think of of anything anything but but aa quick quick Plus certain to think way out. way out. By the pen By the the power power of of the pen was was Oglethorpe Oglethorpe undone. undone. At At least least once once the confirmed, both both by the widely widely read read rhetoric rhetoric of of his his enemies enemies was was confirmed, by reports from the the scene scene and and by by Georgia’s Georgia’s steady steady decline. decline. A A change change of reports from of regimen was ordered. ordered. For For England England had need of of aa settlement to regimen was had need settlement to protect the Southern Southern frontier. frontier. The tight grip grip of abstraction (that (that protect the The tight of abstraction had drawn up farms shaped as triangles) was relaxed. In the had drawn up farms shaped as triangles) was relaxed. In the following years Georgia Georgia was was converted converted into into aa prosperous plantafollowing years prosperous planta­ tion, framed framed on on the the model of the the other other Southern Southern colonies. colonies. Eventual­ Eventualtion, model of ly, clear and spirits ly, clear titles titles were were given, given, slaves slaves bought, bought, and spirits consumed. consumed. The The heavy-handed were replaced. replaced. In In 1751 legislature was was heavy-handed magistrates magistrates were 1751 aa legislature created. And And in in 1752 1752 the the process process was was completed, the charter charter created. completed, the suspended, royal governor suspended, and and aa royal governor named. named. What What Georgians Georgians had had real­ really wanted wanted from from the the first, first, as as guaranteed guaranteed by by George George II, II, was was this this kind kind ly of government, government, under under Crown Crown and and Constitution. Constitution. Hence Hence all of them them of all of talk talk of of “ye “‘ye famous famous Declaration Declaration of of Rights, Rights, made made by by our our Fore Fore Fathers Fathers at ye ye Glorious Glorious Revolution.”27 Revolution.’”’ According to aa theory theory of of the the basis basis of of at According to society well by Southerners twenty-five years years later, later, the the society well expressed expressed by Southerners twenty-five Georgians Georgians had had insisted insisted that that “Obedience “Obedience and and Subjection Subjection .. .. .. proceeds from paternal Authority Authority and and filial filial Dependence.”28 Dependence.’’* The The proceeds from paternal King’s protection, protection, through through his his enforcement enforcement of of inherited inherited law, law, is is the the King’s source of of his his authority. authority. Together Together prince prince and and subject are, through through source subject are, the prescription, prescription, an an incorporated incorporated body—a family. Nothing Nothing less less will will the body—a family. do. this rebellion written word, do. But But though though this rebellion was was through through the the written word, with with no swords swords drawn drawn or or crowds crowds assembled, assembled, it it had had still still aa Populist Populist no character. It It involved involved rejection rejection of of aa standing standing political machinery, character. political machinery, and was was distinguished distinguished by by the the insistence insistence of of American American remonstrants and remonstrants

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AA Better Guide Than Betier Guide Than Reason Reason that aa baneful baneful innovation innovation against against the the grain grain of British politics be that of British politics be made to within an made to cease. cease. And And their their lives lives left left free free to to prosper prosper within an in­ institutional stitutional framework framework of of the the well well known known and and the the long long ago ago approved. approved. Apart from Apart from Bacon’s Bacon’s Rebellion, Rebellion, the the North North Carolina Carolina Regulators Regulators enacted enacted the the most most serious serious Populist Populist challenge challenge to to colonial colonial government government to preceding the to occur occur in in the the years years preceding the American American Revolution. Revolution. This This is is another another violent violent rebellion, rebellion, once once more more illustrative illustrative of of what what occurs occurs when unanswered and when rightful rightful complaints complaints go go unanswered and the the Populists Populists are are con­ confronted with force.” Once again, the the antagonist of the the drama drama is is aa fronted with force.29 Once again, antagonist of petty tyrant, tyrant, one one William William Tryon. Tryon. And And the the charges charges brought brought forward forward petty against of the colony are against the the government government of the colony are the the charges charges we we have have heard heard about about in in other other connections connections in in the the studies studies just just above: above: that that power power is is used used to to benefit benefit aa few, few, that that the the law law has has been been withheld, withheld, that that taxes taxes have an extortion, and that and represen­ have become become an extortion, and that self-government self-government and representation Authorities over over the tation have have been been denied.30 denied.* Authorities the sea, sea, in in Whitehall, Whitehall, backed royal governor. backed up up the the royal governor. Eastern Eastern North North Carolina Carolina was was allowed allowed to of the Carolina to dominate dominate the the new new counties counties of the Piedmont. Piedmont. The The Carolina Proprietors thus producing producing aa double double levy. Proprietors were were given given rents, rents, thus levy. Petitions Petitions were were ignored, ignored, and and high high fees fees charged charged for for every every service service of of the state. state. Finally Finally the the Regulators Regulators lost patience. Mobs Mobs swirled swirled back back the lost patience. and forth forth across across the the upcountry. upcountry. Matters Matters came came to when aa and to aa head head when portion of their host descended on a regular court session portion of their host descended on a regular court session at at Hillsborough mock court, Hillsborough and and there, there, in in aa mock court, usurped usurped the the function function of of the of placemen the law.31 law.*! The The property property of placemen was was destroyed, destroyed, and and many many of of their their number number soundly soundly thrashed. thrashed. Tryon Tryon of of course course responded responded by by call­ calling up up the the militia, militia, making making aa few few concessions concessions and and marching marching west west to to ing “‘subdue subdue the the rebels”. rebels”. The The results results could could be be predicted predicted since since no no Bacon Bacon stood path. stood in in his his path. About twenty twenty men men were were killed killed (or (or given given mortal mortal wounds) wounds) at at the the About Battle of of Alamance. Alamance. Six Six more more were were hanged. hanged. Thousands of Battle Thousands of Regulators fled fled the the state state for for South South Carolina Carolina (where related move­ moveRegulators (where aa related ment afoot) and Tennessee. Some ment was was afoot) and the the new new territories territories of of Tennessee. Some good, good, however, came out the literature however, came out of of the the turmoil, turmoil, and and out out of of the literature of of con­ controversy troversy it it produced.32 produced.” The The legislature legislature was was reapportioned, reapportioned, the the court court system reformed, placemen removed, removed, and and taxes taxes reduced. Even the the system reformed, placemen reduced. Even 72 72

Word from from the the Forks Forks of of the the Creek Word Creek older counties counties learned learned that that they they did did not not want their governor too older want their governor too powerful, or too closely committed to one faction within the society. powerful, or too closely committed to one faction within the society. Yet, as as was was the the case with Bacon’s Bacon’s Rebellion Rebellion aa century century before, before, this Yet, case with this popular was marked worse by popular movement movement (1765-1771) (1765-1771) was marked for for the the worse by its its lack of of aa coherent coherent set set of of objectives objectives to to be be accomplished accomplished by by the taking lack the taking of of their upon aa change of risks. risks. The The plan plan of their leaders leaders depended depended upon change of of heart heart in the the governor governor at at New New Bern, Bern, and and therefore therefore collapsed collapsed once once anger anger in took took its its place.33 place.» How, How, and and in in what what way, way, the the Regulator Regulator movement movement fed into the Revolution Revolution itself itself is is aa matter matter of of much dispute. Though Though fed into the much dispute. probably of these over to probably most most of these backcountry backcountry firebrands firebrands went went over to the the cause cause of of Independence Independence once once threatened threatened by by invasion—particularly invasion—particularly by invasion invasion from British Indians, Indians, Tories, Tories, and and red-coated red-coated former former by from British slaves. slaves. Only Only then then was was fellow fellow feeling feeling between between the the two two ends ends of of the the state established—in the the crucible of war. war. North North Carolina Carolina is is the the state established—in crucible of model for for Populist Populist rebellion rebellion gone gone astray—and astray—and aa warning warning to to wouldmodel wouldbe Tryons and be Tryons and Berkeleys Berkeleys of of another another day. day. **

**

**

For the the scholar scholar who who has just examined examined these these materials, materials, it it is is not For has just not

too difficult difficult aa labor labor to construct out out of them aa composite composite overlay overlay too to construct of them and then and then to to fit fit it it down down over over the the American American Revolution Revolution as as aa whole. whole.

Only able to beyond himself Only George George III III was was not not able to draw draw upon upon aa power power beyond himself for the “mob” “m ob” demanding for military military support. support. And And the demanding that that old old con­ conditions be ditions be restored, restored, the the rights rights of of Englishmen Englishmen observed, observed, and and im­ imperial politics conducted conducted by by the the rule rule of of interdependence interdependence altogether perial politics altogether too numerous dispersed. For too numerous to to be be dispersed. For Lords Lords Proprietors Proprietors and and grasping grasping royal governors, royal governors, read read the the King’s King’s friends friends in in Parliament, Parliament, Lord Lord Bute, Bute, and And for placemen, read and George George III. III. And for placemen, read the the Crown’s Crown’s officiais officials in in the the new world—particularly those those sent sent over over from from England England to to assert assert the the new world—particularly prerogative and and recoup recoup damaged damaged fortunes. fortunes. For For the the abstractions of prerogative abstractions of Oglethorpe, read read ““‘undivided sovereignty” and and ““‘unconditional subOglethorpe, undivided sovereignty” unconditional sub­ mission”’—the catch-phrases of of the the war war party party of of England England in in 1775. 1775. mission”—the catch-phrases Precisely how how the the Populist Populist rebellions rebellions in in the the British British colonies colonies of of Precisely North America fed which they North America fed into into the the general general revolution revolution which they made made is is aa vexed vexed question. question. Though Though the the manner manner in in which which subsequent subsequent popular popular 73 73

Better Guide Guide Than Than Reason Reason AA Better

champions opposing the power appeal­ champions opposing the abuse abuse and and concentration concentration of of power appealed to us that ed to the the precedent precedent of of the the American American Revolution Revolution tells tells us that its its usefulness an authority authority in in Populist Populist rhetoric rhetoric has has never never in in our our usefulness asas an national history history been been ignored. ignored. Or Or understood understood in in aa way way very very much much national in advanced. Consider, in conflict conflict with with the the reading reading here here advanced. Consider, for for instance, instance, the elections elections of of 1800 1800 and and 1828. 1828. They They are are germane germane to to the the subject. subject. the The difference difference between between the the Jefferson Jefferson as as sectionalist sectionalist and master of of The and master the “politics “politics of of deference” deference” and and Jefferson Jefferson the the private philosophe is is the private philosophe finally receiving receiving the the attention attention it it deserves. deserves. And, And, Professor Professor finally Schlesinger Schlesinger notwithstanding, notwithstanding, the the myth myth of of Andrew Andrew Jackson Jackson as as egalitarian collapses collapses swiftly swiftly for for those those who who have have examined examined his his camegalitarian cam­ paign then made to the the Hermitage. paign literature literature and and then made aa brief brief visit visit to Hermitage. In In the the election of of both both men men the the point of division division was was conduct conduct on on the the part part of election point of of Federalist centralizers centralizers in in power power contrary to what Patrick Henry Henry Federalist contrary to what Patrick called called “the “the genius genius of of the the people”—an people’—an inorganic inorganic relationship relationship between government people governed. governed. The situational form, form, between government and and people The situational the gestalt, gestalt, was completed by the appearance appearance of of aa man man who who could could the was completed by the articulate without without compromise compromise the the circumstances circumstances in in effect effect and and con­ conarticulate vert aa sense sense of of injury injury into into aa functional functional political political machinery. machinery. vert For For the the century century following following 1865, 1865, itit was was difficult difficult to to employ employ the the Populist model model in in the the arena arena of of national national politics. politics. For For Populism Populism as as aa Populist strategy requires aa homogenous homogenous base; base; and and that that kind kind of of ground strategy requires ground was was difficult to to find find outside outside of of aa South South whose whose political political influence influence had had difficult been diminished diminished by by Secession Secession and and defeat. Populist rebellions rebellions been defeat. Populist therefore be local state phenomena, phenomena, therefore tended tended in in this this period period to to be local or or state though the Tillmans, Tillmans, the Watsons, Watsons, the. Murrays, Murrays, and the the though the the theand Talmadges continued to to employ employ the the ancient ancient authorities authorities in making Talmadges continued in making their campaigns. But But homogeneities homogeneities are are of many kinds. kinds. And And as as the the their campaigns. of many nation’s population population shifts, shifts, and and the the “bloody “bloody shirt” shirt” is is finally finally put put to to nation’s rest, it it is is once once again again possible possible to to build build aa strategy Southern rest, strategy upon upon aa Southern base: aa base base able able to to restrain restrain what what II perceive be aa tendency tendency of of base: perceive toto be Northern Populism, Populism, when when operating operating on on its its own, own, to to drift drift slowly slowly to to Northern the the Left.34 Left.** Under Under these these circumstances, circumstances, and and once once phony phony Populists Populists are exposed, exposed, what what is is here identified as an unbroken stream may may are here identified as an unbroken stream flow the current And we flow once once again again into into the current of of our our national national life. life. And we hear hear 74 74

Word Word from from the the Forks Forks of of the the Creek Creek

again, “way up again, when when those those very very late late returns returns come come in in from from ‘“‘way up by by the the forks of creek’’, that that the the spirit spirit of of the the original original Republic Republic yet yet sur­ surforks of the the creek”, vives. vives. NOTES NOTES

1.1. See See C. C. Vann Vann Woodward, Woodward, “The “The Populist Populist Heritage Heritage and and the the Intellectual”, Intellectual”, pp. pp. 141-166 141-166 of of The University Press, Press, 1960). The Burden Burden of of Southern Southern History History (Baton (Baton Rouge: Rouge: Louisiana Louisiana State State University 1960). On On p. p. 153, he speaks speaks of Populism as as ““interest politics”, not not “class ‘class politics”. politics”. On On Populist Populist 153, he of Populism interest politics”, replacements of of established established moderate moderate leadership leadership in in both North and and South South in in the the years years replacements both North preceding the the Secession, Secession, see see David David Brion Brion Davis, Davis, The The Slave Slave Power Power and and the the Paranoid Paranoid Style Style (Baton (Baton preceding Rouge: University Press, Rouge: Louisiana Louisiana State State University Press, 1969). 1969). 2.2. Berkeley organ’s American Berkeley was was recalled recalled in in 1677. 1677. See See pp. pp. 338-362 338-362 of of M Morgan’s American Slavery, Slavery, American American Freedom: The The Ordeal Ordeal of of Colonial Colonial Virginia York: W.W. W.W. Norton Norton & & Company, 1975). Freedom: Virginia (New (New York: Company, 1975). See Thomas Thomas Perkins Perkins Abernethy, Abernethy, The The South South in in the New Nation, Nation, 1789-1819 (Baton Rouge: Rouge: 3.3. See the New 1789-1819 (Baton Louisiana Louisiana State State University University Press, Press, 1961); 1961); also also Charles Charles S. S. Sydnor’s Sydnor’s American American Revolutionaries Revolutionaries in in the Making: Making: Political Political Practices Practices in in Washington's Washington’s Virginia Virgina (New (New York: The Free Free Press, Press, 1965). 1965). the York: The 4.4. P. 54 of South (New P. 54 of Francis Francis Butler Butler Simkins, Simkins, The The History History of of the the South (New York: York: Alfred Alfred A. A. Knopf, Knopf, 1959). 1959). Ibid., p. p. 49. 49. They in relation relation to to constituted constituted authority authority as as the the English English “Country “Country 5.5. Ibid., They stand stand in Party” stood with with regard Party” always always stood regard to to London London and and the the Court. Court. Sometimes Sometimes Old Old Whigs, Whigs, and and sometimes asserted always always what sometimes Tories, Tories, these these men men asserted what was was required required by by aa common common identity identity as as Englishmen. sugges­ Englishmen. And And they they made made their their case case at at law, law, in in aa constitutional constitutional argument, argument, with with no no suggestion alteration in they be to strengthen tion of of an an alteration in forms, forms, but but only only an an appeal appeal that that they be employed employed to strengthen the the national spirit of mistake to national spirit of confederation confederation and and corporate corporate life. life. It It is is aa great great mistake to confuse confuse these these men men with who took with aa few few radical radical Whigs Whigs who took up up their their cause. cause. But But itit is is also also aa common common mistake. mistake. Most of of this this narrative narrative depends depends on on Morgan, Morgan, pp. 250-270; and on Wilcomb Wilcomb Washburn, Washburn, 6.6. Most pp. 250-270; and on The (Chapel Hill: The Governor Governor and and the the Rebel Rebel (Chapel Hill: University University of of North North Carolina Carolina Press, Press, 1957). 1957). Where king king or or prince prince is is censured censured for for failure failure to to perform perform the the duties duties of of his his station. station. 7.7. Where Bernard Bailyn Bailyn says, in his his ““Politics Social Structure Structure in in Virginia”, Virginia”, pp. pp. 193-214 193-214 of of 8.8. Bernard says, in Politics and and Social Shaping Southern Southern Society Soctety (New (New York: York: Oxford Oxford University University Press, Press, 1976), 1976), ed. T.H. . Breen, that Shaping ed. T.H Breen, that Populist rebellions rebellions in in the the new new American American colonies colonies “reveal ‘reveal aa new new configuration of forces forces which Populist configuration of which shaped ar­ shaped the the origins origins of of American American politics.” politics.” Bacon’s Bacon’s Rebellion, Rebellion, he he continues, continues, replaced replaced an an artificial of Virginia. tificial gentry gentry with with the the real real gentry gentry of Virginia. For For once once we we agree. agree. 9.9. See p. 273. See Morgan, Morgan, p. 273. 10. 10. The The quote quote from from Bacon Bacon is is in in Morgan, Morgan, p. p. 266. 266. 11. On On the the decline decline of of Bacon’s Bacon’s support support after after his his burnings burnings and and confiscations, confiscations, see see p. p. 23 23 of of Jay Jay 11. B. B. Hubbell, Hubbell, The The South South in in Amencan American Literature, Literature, 1607-1900 1607-1900 (Durham: (Durham: Duke Duke University University Press, Press, 1954). 1954). 12. 12. Morgan, Morgan, p. p. 364. 364. 13. Catholic and 13. Maryland Maryland had, had, early early on, on, both both Roman Roman Catholic and Puritan Puritan components components in in its its pop­ population—a problem problem not not experienced experienced in in other other Southern Southern colonies. colonies. See See Wesley Wesley Frank Frank Craven, Craven, ulation—a The State Univer­ The Southern Southern Colonies Colontes in in the the Seventeenth Seventeenth Century, Century, 1607-1689 1607-1689 (Baton (Baton Rouge Rouge: : Louisiana Louisiana State University Press, Press, 1949). 1949). sity 14. Useful Useful comment comment appears appears in in Verner Verner W. W. Crane, Crane, The The Southern Frontier, 1670-1732 1670-1732 (Ann (Ann Ar­ Ar14. Southern Frontier, bor: University University of of Michigan Michigan Press, 1956), pp. pp. 162-234; 162-234; and and in in Clarence Clarence L. L. Ver Ver Steeg, Origins bor: Press, 1956), Steeg, Origins of aa Southern Southern Mosaic Mosaic (Athens: (Athens: University University of of Georgia Georgia Press, Press, 1975), 1975), pp. pp. 1-53. 1-53. of 75 75

AA Better Reason Better Guide Guide Than Than Reason 15. Published Published in in London, London, 1720. 1720. 15. 16. Crane, Crane, p. p. 217. 217. 16. 17. Ver Ver Steeg, Steeg, pp. pp. 69-102; 69-102; Crane, Crane, pp. pp. 281-325. 281-325. 17. 18. The The Clamorous Clamorous Malcontents: Malcontents: Criticisms Criticisms and and Defenses of the the Colony Colony of of Georgia, Georgia, 1741-1743, 1741-1743, In­ InDefenses of 18. troduction by by Trevor Trevor R. R. Reese Reese (Savannah: The Beehive Beehive Press, Press, 1973). 1973). troduction (Savannah: The 19. Ibid., pp. pp. 36-52. 19. Ibid., 36-52. 20. Ibid., Ibid., pp. pp. 43 43 and and 45. 45. 20. 21. Ver Ver Steeg, Steeg, pp. 95 and and 100. He quotes quotes from from original original documents, documents, letters, letters, and and petitions. petitions. 21. pp. 95 100. He 22. Ibid., Ibid., p. p. 89. 22. 89. 23. Jay Jay Hubbell, Hubbell, p. p. 84, quotes Samuel Samuel Quincy, Quincy, who, who, once once returned from Georgia, Georgia, 23. 84, quotes returned from reported that that the the trustees trustees “designed “designed to to establish establish arbitrary arbitrary government, government, and and reduce reduce the the peo­ peoreported ple to to aa condition condition little little better better than than slavery. slavery.”” It It was was always always their plea that that the the new new settlers settlers of of their plea ple Georgia, supervision. Georgia, given given their their mixed mixed backgrounds, backgrounds, needed needed close close supervision. 24. pp. 23-26. 24. The The Clamorous Clamorous Malcontents, Malcontents, pp. 23-26. 25. Ibid., Ibid., p.24. 25. p.24. 26. Wesley and early 26. Except Except for for an an interesting interesting section section on on John John Wesley and “moral “moral tyranny” tyranny” in in early Georgia. And And even even that not alter alter either either form form or or meaning. meaning. Georgia. that does does not 27. 27. Ver Ver Steeg, Steeg, p. p. 99. 99. 28. The The Clamorous Clamorous Malcontents, Malcontents, p. p. 86. 86. 28. 29. To To be be fair, fair, some some of of these these complaints complaints were were overstated. overstated. And And some some produced produced corrections corrections 29. before lot. before violence violence broke broke out. out. Regulator Regulator spokesmen spokesmen were were aa mixed mixed lot. 30. See See Hugh Hugh T. T. Lefler Lefler and and William S. Powell, Powell, Colonial Colonial North North Carolina: History (New (New 30. W illiam S. Carolina: AA History York: Charles Charles Scribner’s Scribner’s Sons, Sons, 1973), 1973), pp. 217-288. Also Also Carl Carl Bridenbaugh, Bridenbaugh, Myths Myths and and York: pp. 217-288. Realities: Societies of the South (Baton Realities: Socteties of the Colonial Colonial South (Baton Rouge Rouge: : Louisiana Louisiana State State University University Press, Press, 1952), 1952), pp. 41-45. 41-45. pp. 31. Lefler, Lefler, pp. 31. pp. 234-237. 234-237. 32. North Carolina, 32. See See William William S. S. Powell, Powell, etet al al.,., The The Regulators Regulators in in North Carolina, A A Documentary Documentary History History, , 1759-1776 1759-1776 (Raleigh, (Raleigh, 1971). 1971). 33. See Lefler, Lefler, p. p. 237, 237, on on the passage of Act of 15, 1771; this law, law, 33. See the passage of Johnston’s Johnston’s Riot Riot Act of January January 15, 1771 ; this which allowed allowed for for the the moving moving of of trials trials to to aa setting setting favorable favorable to to prosecution, prosecution, sparked sparked the the which violence at Hillsborough. violence at Hillsborough. 34. North are, at all all toto the the Left. Witness the 34. Some Some Populist Populist uprisings uprisings in in the the North are, to to be be sure, sure, not not at Left. Witness the old Whiskey Whiskey Rebellion. Rebellion. And Southern Populists, Populists, like like Huey Huey Long, Long, are are radical radical to to the the old And some some Southern core. core.

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PART IIII

PART

BETTER GUIDE GUIDE THAN THAN REASON: REASON: AA BETTER THE POLITICS OF JOHN DICKINSON THE POLITICS OF JOHN DICKINSON II Of all all the the men men significantly significantly involved involved in in the the major major events events Of leading leading up up to to and and following following from from the the American American Revolution Revolution none none has been been so so undeservedly undeservedly neglected by our our political political historians historians as as has neglected by the the mysterious mysterious John John Dickinson. Dickinson. The The oversight oversight would would seem seem on on its its face unlikely. unlikely. For For this this planter planter and and prototypal prototypal Philadelphia Philadelphia lawyer lawyer face as complicated complicated and and intellectually intellectually interesting interesting as as any any American American isis as politician his era. politician of of his era. Furthermore, Furthermore, the the bulk bulk and and variety variety of of his his political writings writings (alas, (alas, never never fully fully collected) collected) isis unmatched unmatched by by any any political of his contemporaries. And, contrary to to the the inference inference which which we we of his contemporaries. And, contrary might also also draw from the the silence silence of the scholars, scholars, his his voice voice was was might draw from of the always always heard. heard. Which Which is is precisely precisely why why he he has has been been systematically systematically ignored. What What we should recognize recognize is is that that the very fact fact of of Dickin­ Dickinignored. we should the very son’s cherished theories son’s influential influential career career undermines undermines cherished theories of of our our national origins. he isis more more useful useful in in telling telling us us what what his his times national origins. IfIf he times signified have been been taught signified than than are are some some of of the the Fathers Fathers we we have taught to to reverence as the true progenitors—more useful useful than than Paine, Paine, or or reverence as the true progenitors—more Madison, Madison, or or even even most most of of Jefferson Jefferson (the (the “advanced”, ‘“advanced’’, private private opinions)—then the the authority authority of of many many components of what we now opinions)—then components of what we now recognize as as the the American American political political religion religion or or telos ¢e/os and and the manner recognize the manner of thinking thinking which which has has generated generated these these ends ends isis called into question. question. of called into And And he he is! is! For John

was one one of the best best educated, educated, most most For John Dickinson Dickinson was of the respected most eloquent respected and and most eloquent of of the the public public men men who who brought brought us, us, with character character and and argument, argument, to to and and beyond beyond the the choice choice for for in­ inwith

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AA Better Better Guide Than Reason Guide Than Reason dependence. In two two states states (Delaware (Delaware and and Pennsylvania) his in­ independence. In Pennsylvania) his fluence great that was for for aa few fluence was was dominant—so dominant—so great that he he was few months, months, in in 1782, 1782, governor governor of of both both at at the the same same time. time. He He was was honored honored in in all all the the colonies. sustaining this colonies. And And he he isis almost almost without without rival rival in in sustaining this influence influence throughout new nation’s throughout the the new nation’s formative formative years, years, from from the the Stamp Stamp Act Act Congress (1765) Convention (1787). Congress (1765) to to the the Constitutional Constitutional Convention (1787). The The record of his his performance performance in in practical practical politics alone would would require require aa record of politics alone study study of of two two volumes. volumes. From From such such aa book book we we could could learn learn a a great great deal deal about However, itit isis with about the the care care and and management management of of republics. republics. However, with Dickinson as as acknowledged acknowledged spokesman spokesman and and apologist, as political political Dickinson apologist, as thinker, here concerned. From that that Dickinson thinker, that that we we are are here concerned. From Dickinson we we can can correct misapprehensions of of our correct our our misapprehensions of the the bias bias of our institutional institutional begin­ beginnings. the patrimony we nings. And And thus thus stand stand ready ready to to recover recover the patrimony of of which which we have been been so carefully deprived. deprived. have so carefully Our focus here must must fall particularly upon upon Dickinson’s Dickinson’s most most Our focus here fall particularly famous the memorable famous and and influential influential composition, composition, the memorable Letters Letters from from a a Farmer through this Farmer in in Pennsylvania.x Pennsylvania.' For For it it was was through this work work that that he he shaped shaped the of the his mark mark upon the spirit spirit of the Revolution Revolution and and put put his upon it it long long before before Paine Jefferson or the other word on Paine oror Jefferson or the other “radical ‘“‘radical Whigs” Whigs” could could say say aa word on the subject: subject: before before they could get chance to to give give to the American American the they could get aa chance to the position position another another (and (and very very different) different) intellectual intellectual base base and and impetus. impetus. Because Because John John Dickinson Dickinson did did not not wish wish to to sign sign the the Declaration Declaration of of Independence Independence when when his his associates associates called called for for the the vote, vote, it it is is easy easy to to forget said or more forget that that this this reluctant reluctant rebel rebel had had said or written written prior prior to to 1776 1776 more to propel propel his his countrymen countrymen to to the the brink brink of of that that decision decision than than any any to other representative representative of of the the exasperated colonies who who signed signed the the other exasperated colonies document with with ease. ease. And particularly in his twelve twelve performances performances as as document And particularly in his what toasting toasting patriots, patriots, from from Charleston Charleston to to Falmouth, Falmouth, called called with with what affection ‘‘the Farmer”. Had indeed indeed done done so so much that he he could could affection “the Farm er”. Had much that not but know, know, long long before that fateful July day, day, that that aa not help help but before that fateful July severance was bound bound to to come.2 come.’ severance was Yet the principle principle of Yet still still he he felt felt obliged obliged to to deny deny the of revolution, revolution, even even as he he maintained maintained the the right. right. As As he he had done in in the Letters. as had done the Farmer’s Farmer's Letters. As As he he had had done done since since his his first first appearance appearance in in public public office, office, as as aa member of of the the Delaware Delaware assembly assembly in in 1760. 1760. For, For, like like no no other other member American had absorbed his American political political thinker, thinker, John John Dickinson Dickinson had absorbed into into his very very bones bones the the precedent precedent of of 1688. 1688. In In abbreviated abbreviated form, form, that that creed creed might be abstracted as as follows: follows: The The English English political political identity identity (the might be abstracted (the

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The Politics of of John Dickinson The Politics John Dickinson Constitution in in its its largest largest sense, sense, including including certain established Constitution certain established procedures, institutions, institutions, chartered chartered rights rights and and habits habits of of thought) thought) is is procedures, product of given history, history, lived lived by by aa specific specific people people in in aa par­ paraa product of aa given ticular place. Executive, Executive, judicial, judicial, and and legislative legislative arms of govern­ governticular place. arms of ment are are bound bound by by that that prescription prescription and must deal deal with with new new cir­ cirment and must cumstances in keeping with its its letter letter and and spirit. spirit. The The same same con­ concumstances in keeping with figuration qua gua Constitution Constitution should should be be available available to to all all Englishmen, Englishmen, figuration according to to their their worth worth and and place, place, their their deserts. deserts. And And any man, according any man, upon his his achievement achievement of of aa particular particular condition condition (freeholder, (freeholder, elector, elector, upon magistrate, etc.) should should find find that that his his rights rights there there are are what what anyone anyone magistrate, etc.) else similarly similarly situated might expect. expect. Finally Finally all all Englishmen Englishmen are are else situated might secure against rule under under this this umbrella and have have an an equal equal secure against arbitrary arbitrary rule umbrella and right To so right to to insist insist upon upon its its maintenance. maintenance. To so insist, insist, even even to to the the point point of removing removing an an offending offending component component by by force, force, is is loyalty loyalty to to the the of sovereign power.3 dreadful novelty” “dangerous sovereign power.’ To To submit submit to to ““‘dreadful novelty” or or ‘‘dangerous innovation”, its source prince or came innovation’, even even if if its source is is aa prince or aa minister minister who who came rightfully to to his his position, position, is is treason.4 treason.‘ For For the the authority authority belongs belongs to to rightfully the the persons given time. the total total system, system, not not to to the persons who who operate operate itit at at aa given time. Or such persons “ stand toto their attempt Or rather, rather, to to such persons as as “‘stand their post” post” and and attempt with with and and through through it it nothing nothing contrary contrary to to the the purpose purpose for for which which it it has this historic has been been developed. developed. It It was was this historic and and legal legal identity, identity, formed formed over the the course centuries by by so so much much trial trial and and error error and and with with over course ofof centuries such cost and and turmoil, turmoil, which which was was deemed deemed to to be be worth worth whatever efsuch cost whatever ef­ forts its preservation preservation might might require—even require—even the the danger danger of of being being call­ callforts its ed aa rebel—because ed rebel—because it it was was the the best best known known to to man.5 man.° And And therefore therefore the most natural” and reason. To any the most “‘‘natural” and conformable conformable to to reason. To correct correct any declension from from such such experienced experienced perfection perfection was was thus thus clearly clearly more more declension than patriotic. Like the Glorious Glorious Revolution Revolution itself, itself, itit could could be be called called than patriotic. Like the an assertion of of universal universal truth. truth. an assertion Dickinson, of course, course, recognized recognized that that the adoption of of the the 1689 1689 Dickinson, of the adoption Bill of of Rights Rights marked marked an addition to to and and evolution from the the more more Bill an addition evolution from compact, prescriptive England England which which demanded demanded the the “abdication” ‘‘abdication” compact, prescriptive of James James II: II: was was some some sort sort of change, even even if if made made in in the the direction direction of of aa change, of officially recovering recovering “Anglo-Saxon ‘“‘Anglo-Saxon purity”.6 purity”. That any such such of officially That any specification of liberties liberties entailed entailed aa potential potential shift shift in the relation relation of specification of in the of people, and Parliament Parliament could could not escaped his his notice. notice. An An people, King, King, and not have have escaped attempt shift the political attempt to to shift the balance balance between between the the elements elements of of aa total total political mixture, once once initiated initiated by by one one of of its its components, components, precludes precludes aa mixture, 81 81

AA Better Than Reason Better Guide Guide Than Reason precise restoration of of things things as as they they were—blocks were—blocks that that path, path, even even if if precise restoration the attempt attempt to force alteration alteration is is forestalled! forestalled! Furthermore, Furthermore, steps steps the to force

must be be taken taken to to prevent prevent aa repetition repetition of of offence offence to to the the whole. whole. As As in in must the Great Great Charter Charter itself, itself, limits limits of of authority authority must must be be written down, the written down, and these writings writings given status through through institutions. institutions. Hence, Hence, even even and these given status before the within the before the American American counter-revolution counter-revolution within the larger larger English English prescription of Lords prescription came came down down to to fighting, fighting, before before the the folly folly of Lords North North and George Germaine led their their master, with the the ““Proclamation for and George Germaine led master, with Proclamation for Suppressing Rebellion Rebellion and and Sedition” Sedition’? (August, (August, 1775), 1775), to to Suppressing “dethrone” himself in America, Dickinson Dickinson moved “ dethrone” himself in North North America, moved toto preserve the order of things things he he had had known known and and loved loved since since preserve the order of boyhood.’ Acted Acted first first to to secure inter-colonial co-operation co-operation in in the the boyhood.7 secure inter-colonial Stamp Stamp Act Act Congress. Congress. Acted Acted then, then, when when the the conflict conflict grew, grew, to to replace replace all or or part part of of what what had had been the executive executive power power of of Crown and all been the Crown and mother Parliament, Parliament, first first with with aa Continental Congress (he (he was mother Continental Congress was among its its earliest earliest and and strongest strongest supporters) supporters) and and then with Articles Articles among then with of of Confederation Confederation (for (for which which he he composed composed the the original original draft). draft). The The only alternatives alternatives to to these these gestures gestures toward toward preservation preservation and and ordered ordered only liberty were were something like commonwealth commonwealth status status for for the the troubled liberty something like troubled colonies government what­ colonies or or the the internal internal anarchy anarchy of of no no general general government whatsoever—thirteen separate separate rebellions, rebellions, each each conducted conducted almost almost unto unto soever—thirteen itself, civil wars.* wars.8Yet itself, but but in in conjunction conjunction with with local, local, almost almost discrete, discrete, civil Yet all that that he made before, before, during, during, and after hostilities hostilities (when (when he he serv­ servall he made and after ed and as ed in in the the Constitutional Constitutional Convention Convention at at Philadelphia Philadelphia and as the the presiding officer officer at at the the Annapolis Annapolis gathering which called called for for that that presiding gathering which more ambitious ambitious assembly) assembly) rested what already already had more rested upon upon what had being—extant societies, societies, with with an an accepted accepted culture, law, economy economy being—extant culture, law, and government. government. And And he he framed framed these these substitutions substitutions from from necessity and necessity alone, because familiar familiar arrangements arrangements and and channels channels for for negotiation negotiation alone, because had been forever forever destroyed. destroyed. In In other other words, words, framed framed them them to to had been protect, not not “‘‘found”’, found”, as protect, as changes changes made made in in discovery discovery but but not not in in crea­ creation. tion. Indeed, dangerous in­ Indeed, discontinuity discontinuity and and raw raw innovation, innovation, “‘dangerous innovation”’, was was Dickinson’s Dickinson’s antagonist antagonist at at every every turn, turn, throughout throughout novation”, his career.9 career.’ And And his his name name for for that that novelty novelty was was almost almost always always ““‘subhis sub­ mission”.10 mission”’."° Even Even when, when, in in his his first first political political struggle, struggle, he he opposed opposed replacement charter and replacement of of the the proprietary proprietary charter and the the legal legal structure structure of of unquestioned liberties liberties established established for for Pennsylvania Pennsylvania by by William William unquestioned Penn, preserve the protection of Penn, his his concern concern was was to to preserve the protection of law law and and to to avoid avoid 82 82

The Politics Politics of of John Dickinson The John Dickinson

rule The slender remember, aa rigid rule by by fiat. fiat. The slender Quaker Quaker was, was, we we must must remember, rigid constitutionalist, trained in constitutionalist, trained in the the Middle Middle Temple. Temple. Obedience Obedience to to King King or so long or, inin or Parliament, Parliament, so long as as they they operated operated according according to to law, law, or, Selden’s words, words, “the ‘“‘the custom custom of of England, England, which which is is part part of the law law of of Seiden’s of the the land” land”’ was was “‘“‘due submission” to to the the Constitution. Constitution. And And this this the due submission” obligation obligation Dickinson Dickinson acknowledged acknowledged at at every every opportunity. opportunity. Yet Yet the the basis consistent. Always position, basis of of his his argument argument was was consistent. Always he he saw saw his his position, prior official secession as parallel parallel toto that prior to to the the official secession of of the the colonies, colonies, as that of of the lawyers who claims of the common common lawyers who opposed opposed excessive excessive Stuart Stuart claims of prerogative.'' Or, Or, to to narrow narrow the the comparison comparison even even further, further, colonial colonial prerogative.11 Whigs of Dickinson’s find themselves in the Whigs of Dickinson’s breed breed came came to to find themselves standing standing in the shoes shoes of of Falkland Falkland and and Hyde. Hyde. The The choice choice of of rebellion rebellion or or submission submission seemed to them them aa false Both violated Constitution. seemed to false dilemma. dilemma. Both violated the the Constitution. But, course was, But, of of the the two, two, the the latter latter course was, in in the the 1770’s, 1770’s, clearly clearly more more dangerous Americans—if neither party would dangerous for for Americans—if neither party would agree agree to to anything anything less than than all all that that they they asked. asked. less Dickinson But even even as Dickinson called called revolution revolution aa “poison”. “poison”. But as early early as as 1774 he he could could add add to to that that definition definition that that the the poison of revolution, revolution, 1774 poison of though terrible, terrible, might might be be an an “antidote” “antidote” to to aa poison poison even even worse.12 worse.” though Faced with with the the language language of of vengeance vengeance and and not not sense, sense, of of violence violence Faced and not not of of reason, reason, with with mere mere survival survival in in doubt, doubt, so would any any true true and so would man Englishman, one one proud declare man say.13 say.'* And And certainly certainly aa true true Englishman, proud to to declare that “every ‘“‘every drop drop of of blood blood in in my my heart heart is is British.”14 British.””* Once Once reduced reduced to to that the the “alternative ‘alternative of of chusing chusing an an unconditional unconditional submission submission to to the the tyranny of of irritated irritated ministers, ministers, or or resistance resistance by by force”, Dickinson tyranny force”, Dickinson did the decision did not not draw draw back back from from the decision he he had had hoped hoped to to avoid. avoid. And And once expedition had once the the Howe Howe expedition had produced produced in in North North America America aa more more general “ sentiment for for independency”, general “‘sentiment independency”, he he would, would, later later in in 1776, 1776, probably mark the probably have have proposed proposed aa Declaration Declaration of of his his own own to to mark the divi­ division recognized this sion England England had had made. made. As As II argued argued above, above, he he had had recognized this possibility possibility from from the the beginning beginning of of acrimonious acrimonious exchange. exchange. In In 1765 1765 he he had written written that that ‘‘... we can can never never be made an an independent independent people, had “ . . . we be made people, except it it be be by by Great Great Britain.’’ he added, added, at about the the same except Britain.”15 And And he at about same time, that that attempts attempts to to enforce British views views of of the the taxing taxing power power by by time, enforce British military “a Declaration military means means would would amount amount to to ‘“‘a Declaration of of War War against against the the Colonies. ”’* Colonies.”16 Made sure, the Made is, is, to to be be sure, the operative operative term. term. If If forced forced into into existence existence on the the basis basis of of strict strict legal legal arguments, the new new nation nation could could hope hope to to on arguments, the keep intact intact the the established established order order of of American life. And And if if less less than than keep American life. 83 83

Better Guide Guide Than Than Reason Reason AA Better

independence independence could, could, by by some some chance, chance, serve serve the the same same ends, ends, then then all all the better. What the better. What was, was, however, however, most most important important to to Dickinson Dickinson was was that difficulties and differences differences be be settled settled on on certain certain grounds, grounds, ac­ acthat difficulties and cording to aa certain logic or or theory theory of of government, either with with or or cording to certain logic government, either without aa rupture rupture with England; that the future future life life of of his his coun­ counwithout with England; that the trymen follow nor merely merely trymen follow aa set set of of assumptions assumptions neither neither absolutist absolutist nor democratic; and democratic; and that that no no American’s American’s person person or or property property should should be be secured secured by by so so little little as as “the “‘the precarious precarious tenure tenure . . .. . . of of will.”17 will.”’’ Even Even long long after after the the fact fact of of idependence, idependence, when, when, as as an an old old man, man, Dickinson Dickinson gathered writings, he gathered aa collection collection of of his his political political writings, he cited cited in in preface preface once again again the the authority authority of of Lord Lord Chatham Chatham and and the the British British once Constitution.'* We We came came free, free, in in his his view, view, under under no no other other auspices, auspices, Constitution.18 no of abstraction, no larger larger structure structure of abstraction, with with authority authority above above and and beyond beyond the social social bond. bond. Rebellion Rebellion per per se se is is not not aa healthy healthy method method for for reinreinthe vigorating society society or or securing securing human human liberty. liberty. Only Only revolution that vigorating revolution that not revolutionary, revolutionary, that that is is aa “child “‘child of of necessity”, necessity”, can can be be called called isis not American.19 in mind grasp the American.'® With With these these distinctions distinctions in mind we we can can grasp the teaching his political teaching of of his political essays. essays. And And particularly particularly of of the the Letters Letters from from aa Farmer Farmer in in Pennsylvania. Pennsylvania.

IIII The Farmer's Farmer’s Letters Letters first first appeared appeared in in colonial colonial newspapers—in The newspapers—in all all but but four four of of them—during them—during late late 1767 1767 and and early early 1768.20 1768.” After After serial serial publication, the was gathered as aa pamphlet pamphlet in Philadelphia, publication, the set set was gathered as in Philadelphia, Boston, New York, Later editions Boston, New York, and and Williamsburg. Williamsburg. Later editions issued issued in in London, London, Dublin, Dublin, and and Paris Paris became became aa staple staple of of European European political political conversation. American replies and comments comments were conversation. American replies and were legion. legion. For For colonials colonials Dickinson’s Dickinson’s work work had had only only one one rival rival among among pre­ prerevolutionary revolutionary documents—Paine’s documents—Paine’s Common Common Sense. Sense. And And that that late late work work served served very very different different purposes, purposes, under under very very different different con­ conditions. so insist reached ditions. II so insist because because John John Dickinson’s Dickinson’s performance performance reached thoughtful as aa group thoughtful, , li-erate lverate Americans Americans when when the the position position they, they as group were likely likely to to assume, assume, if if the the quarrel quarrel over over British British authority authority con­ conwere tinued, was was very much in in doubt. doubt. And And by by settling settling that that question question in tinued, very much in 1767, insofar insofar as as political political argument argument can can be be said said to to settle settle anything, anything, 1767, he accomplished task far far more more difficult difficult than than getting getting colonials colonials in in he accomplished aa task general, blame him general, in in 1776, 1776, to to hate hate George George III III and and to to blame him for for the the disdis84 84

The Politics Politics of of John John Dickinson Dickinson The

ruption their lives. ruption of of their lives. Here Here again again the the scholarship scholarship is is at at fault. fault. Thomas Thomas Paine “shot “‘shot fish fish in in aa barrel”. barrel”. He roused the the passions passions and and hates. hates. He He Paine He roused gave to to Anglo-American Anglo-American amity the last last little little push push required required to to gave amity the remove engaged asas aa remove it it as as an an impediment impediment to to independence. independence. And And he he engaged primary not, prior primary audience audience an an element element of of the the colonial colonial population population not, prior to over law. to 1775-1776, 1775-1776, very very much much interested interested in in the the dispute dispute over law. However, had the the legal legal case case not not been well established, established, set set in in the the full However, had been well full context of British history, and context of British history, and long long before before Paine Paine wrote, wrote, he he would would have thundered out purpose at have thundered out his his anger anger to to no no purpose at all. all. For For the the people people who assumed assumed the the position position Dickinson Dickinson drew drew up up in in reaction reaction to to the the who Townshend Acts Acts (and (and to to the the Stamp Stamp and and Declaratory Declaratory Acts Acts which which Townshend preceded them) them) were were the the Americans Americans needed needed to to make make aa revolution revolution preceded work: and to make make it it (given (given British British stubbornness) stubbornness) inevitable. inevitable. They, work: and to They, by calm, and and deliberate by accepting accepting Dickinson’s Dickinson’s learned, learned, calm, deliberate exposition exposition of aa case case at at law law and from history, history, were, were, it it turns turns out, out, committed committed to to of and from such aa revolution, revolution, whether whether they they knew knew it it or or not. not. And, And, because because they they such were, to the the deferential deferential quality were, thanks thanks to quality of of colonial colonial politics, politics, the the Americans who who determined determined the policy followed followed by by their their particular particular Americans the policy communities. John John Dickinson Dickinson made made resistance resistance respectable. respectable. With With communities. the help theories he the help of of English English Whigs Whigs educated educated in in the the theories he applied applied to to particular disputes particular disputes with with the the Crown, Crown, he he also also made made submission submission im­ impossible. Paine simply simply made made a a useful useful noise. noise. possible. Paine The manner manner of of Dickinson’s Dickinson’s twelve twelve letters letters isis well well suited suited to to their their The matter. form they “high” or of matter. In In form they belong belong to to the the “‘high”’ or “sober” “sober” tradition tradition of English “rough and English pamphleteering—as pamphleteering—as does does Common Common Sense Sense to to its its “rough and ready” counterpart. InIn the company we ready” but but popular popular counterpart. the one one company we find find M ilton, Swift, and numerous Milton, Swift, Addison, Addison, and Burke—plus Burke—plus numerous other other deliberate public deliberate and and magisterial magisterial considerations considerations of of important important public questions through (or questions issued issued through (or from from the the shelter shelter of) of) some some usually usually transparent transparent classical classical persona: persona: “Cato”, ‘‘Cato”’, for for instance, instance, suggesting suggesting not not personal feeling but public public spirit. spirit. Cicero’s Cicero’s epistles epistles were the personal feeling but were the archetypes for for these these performances. performances. For For almost almost two two hundred hundred years years archetypes these these pamphlets pamphlets formed formed aa pattern pattern of of serious, serious, intelligent intelligent exchange exchange on affairs affairs of the day day unmatched unmatched in in any any other other free free society. society. The The other other on of the quasi-prophetic had its the Puritan and quasi-prophetic school school had its roots roots in in the Puritan revolution revolution and the emotions emotions antecedent antecedent to to that that explosion. explosion. It It found found its its model model in in the the the Scripture. It It tended toward the the merely merely personal, personal, the the paranoid, paranoid, and Scripture. tended toward and the pugnacious. pugnacious. Usually Usually its object was was to to draw draw the the adversary’s adversary’s the its object 85 85

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blood. Some not serious, serious, blood. Some English English writers writers had had skill skill in in both both veins. veins. But But not “old-school” ‘old-school’? Whigs: Whigs: not not men men (ordinarily (ordinarily lawyers) lawyers) who who believed believed in in the and the the prescription prescription of of British British history history and the importance importance of of cir­ circumstance cumstance in in interpreting interpreting what what aa precedent precedent means means when when aa prudent prudent

choice history was choice must must be be made. made. For For the the deepest deepest teaching teaching of of that that history was that persuasion, persuasion, even incomplete, leaves leaves the the social social bond intact. that even ifif incomplete, bond intact. Calumny, claims claims of of divine divine sanction, sanction, and and rigid rigid arguments arguments from from Calumny, definition “What isis aa definition (asking, (asking, for for instance, instance, “What “What is is man?” man?” or or ‘‘What republic?”’?) have have aa contrary contrary effect. effect. John John Dickinson Dickinson could foresee republic?”) could foresee who might might listen listen to to aa discussion discussion of of the the sort sort he had in in mind. mind. And And he he who he had also be. also knew knew how how important important their their opinions opinions might might turn turn out out to to be. Dickinson’s mask mask as as ““‘farmer” thus predicts what kind kind of of disDickinson’s farmer” thus predicts what dis­ course he he intends intends before before we we have have begun begun to to read. read. Also Also the the date date course assigned his opening Good King assigned to to his opening letter: letter: November November 5, 5, when when “‘‘Good King Billy” Billy” first first landed landed in in England. England. Like Like most most Whig Whig traditionalists, traditionalists, the the Pennsylvania farmer farmer nods nods toward toward the the example of Republican Republican Pennsylvania example of Rome. In In that that segment segment of of ancient ancient history the notion notion of of “public “public virRome. history the vir­ tue” received received its its original original definition definition and and the the idea idea of corporate liber­ libertue” of corporate ty, ty, liberty liberty under under law, law, was was given given meaning.21 meaning.” A A farming farming gentry gentry had had governed nation’s history, governed that that state, state, aa proud proud class, class, conscious conscious of of its its nation’s history, devoted preserving its laws and devoted to to preserving its laws and customs. customs. And And the the same same kind kind of of men, the the “country ‘“‘country party”’, called William William III III to to the the throne throne of of men, party”, called England. voice of we England. Furthermore, Furthermore, the the voice of the the farming farming gentry gentry is is what what we hear in in most most Roman Roman literature. And also in much much eighteenth eighteenth cen­ cenhear literature. And also in tury tury English English writing. writing. Dickinson’s Dickinson’s self-representation self-representation is is somewhat somewhat more modest modest than than what what we we get get from from his his English English counterparts. And more counterparts. And also the Philadelphia also more more the the lawyer. lawyer. This This pillar pillar of of the Philadelphia bar bar and and Delaware figure in the unofficial Delaware planter planter was, was, in in fact, fact, aa major major figure in the unofficial colonial aristocracy. aristocracy. Yet Yet persons persons not not formally formally aristocratic aristocratic though though colonial possessed of legal possessed of legal training training were, were, from from earliest earliest settlement, settlement, the the accepted leaders colonial society. society. And And the the best best respected respected of of the the accepted leaders ofof colonial lot were were planters planters well well read read in in law law but but with with aa passion passion for for public serlot public ser­ vice, aa sense sense of of the the communal communal good: good: unassuming unassuming legal legal scholars scholars not not vice, defined by of practice collection of defined by size size of practice or or collection of fees. fees. Hence Hence Dickinson’s Dickinson’s opening opening lines: lines: II am Farmer, settled, variety of am a a Farmer, settled, after after aa variety of fortunes, fortunes, near near the the banks banks of of the province ofof Pennsylvania. the river river Delaware Delaware, , in in the the province Pennsylvania. II received received aa liberal liberal

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The The Politics Politics of of John Fohn Dickinson Dickinson education, and have scenes of but am education, and have been been engaged engaged in in the the busy busy scenes of life; life; but am now now convinced, man may be as convinced, that that aa man may be as happy happy without without bustle, bustle, as as with with it. it. My My farm farm is is small; small; my my servants servants are are few, few, and and good; good; II have have aa little little money money at at in­ interest; more; my employment inin my own affairs and terest; II wish wish for for no no more; my employment my own affairs isis easy; easy; and with worldly hopes hopes or with aa contented contented grateful grateful mind, mind, undisturbed undisturbed by by worldly or fears, fears, relating number of me by relating to to myself, myself, II am am completing completing the the number of days days allotted allotted to to me by divine goodness. goodness. divine Being Being generally generally master master of of my my time, time, II spend spend aa good good deal deal of of it it in in a a library, of my library, which which II think think the the most most valuable valuable part part of my small small estate; estate; and and be­ being or three abilities and and learning, ing acquainted acquainted with with two two or three gentlemen gentlemen ofofabilities learning, who who honor honor me me with with their their friendship, friendship, II have have acquired, acquired, II believe, believe, aa greater greater knowledge knowledge in in history, history, and and the the laws laws and and constitution constitution of of my my country, country, than than generally attained by men men of of my my class, class, many many of of them them not not being being so so for­ forisis generally attained by tunate as as II have have been been in in the the opportunities opportunities of of getting information. tunate getting information. The library library holdings holdings of of colonial colonial leaders leaders speak speak out out plainly: plainly: aa The familiarity with with constitutional constitutional theory, theory, and and therefore therefore knowledge knowledge of of familiarity the history history where where inherited inherited constitutional constitutional rights rights were were developed the developed and and are are defined, defined, went went with with public public virtue. virtue. Men Men with with such such discipline discipline were aa security security to the liberties liberties of of those those confederated confederated with with them. them. In In were to the them experience of of aa united united people people survived. survived. And And them the the digested digested experience therefore their their hope hope of of aa future. future. therefore We may may thus thus conclude, with little little doubt, doubt, that that the strategy We conclude, with the strategy behind Dickinson’s project behind Dickinson’s rhetoric rhetoric is is to to appear appear deliberate, deliberate, to to project repose, patience, and gentlemanly firmness firmness and and to to treat treat his his English English repose, patience, and gentlemanly antagonists as surprising antagonists as if if their their persistence persistence to to the the contrary contrary were were aa surprising lapse from this air lapse from their their ordinary ordinary good good sense.22 sense.” Resting Resting upon upon this air of of mastery, he he then then builds, builds, from from specific specific (immediate) (immediate) and and theoretical theoretical mastery, (long term) term) objections objections to to the the Townshend Acts, the Mutiny and (long Townshend Acts, the Mutiny and Restraining Acts Acts to to frame frame (out (out of of English English and and Roman Roman history, in Restraining history, in particular) honor and of his particular) an an appeal appeal to to the the honor and patriotic patriotic spirit spirit of his fellow fellow Americans. of this at all Americans. And And all all of this said said disarmingly, disarmingly, as as if if no no rhetoric rhetoric at all were involved. involved. Only Only up up to to aa point point will will he he specify specify where where this this were recommended determ determination might lead. lead. Balanced Balanced against against recommended ination might protestations of of loyalty loyalty is is aa small small warning warning of of its its limits. limits. But But the disprotestations the dis­ interested of the spectrum. What interested farmer farmer leaves leaves no no room room at at the the end end of the spectrum. What Americans cannot do very plain. Americans cannot do is is made made very plain. They They cannot cannot agree agree to to aa revenue tax! tax! revenue

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But as But why why such such excitement excitement over over so so inconsequential inconsequential aa matter matter as duties paper, glass, The Crown duties upon upon paper, glass, lead, lead, and and tea? tea? The Crown revenue revenue to to be be generated generated by by these these customs customs was was small small indeed. indeed. The The Stamp Stamp Act Act had had been repealed. repealed. Parliament Parliament agreed agreed that that it it had had been been aa mistake. mistake. And And been the Declaratory Declaratory Act, reserving the the right right to to tax, tax, was was merely merely aa device device the Act, reserving for for saving saving face, face, passed passed (we (we should should remember) remember) by by the the strongest strongest parliamentary supporters supporters of of colonial liberty. To To see the question question as as parliamentary colonial liberty. see the did Dickinson Dickinson and and his his countrymen, countrymen, we we must must recognize recognize that that the the did danger of of aa secret secret conspiracy conspiracy to to consolidate consolidate political political and and economic economic danger power, and and thus thus to Englishmen, both both at at home home and and power, to subjugate subjugate all all Englishmen, abroad, seemed seemed altogether altogether possible.23 possible.”* Wrote Wrote Dickinson, Dickinson, ““‘. . .. .. the the abroad, passion of despotism despotism raging raging like like aa plague plague .. .. .. has has spread with un­ unpassion of spread with usual malignity malignity through through Europe (and) .. .. .. has has at at length length reached reached usual Europe (and) Great Britain.”24 Britain.”’* That That the the progress progress of of aa tyrannical tyrannical design design should should Great move from from the the colonies, inward, to to attack attack the Constitution within within colonies, inward, the Constitution move Great Britain Britain with with resources drawn from from over over the the seas seas was was aa com­ comGreat resources drawn mon Moreover, no mon speculation. speculation. Moreover, no colonial colonial theorist theorist of of importance importance (and include here here many Tories, such such as as Dickinson’s Dickinson’s old old enemy, enemy, (and II include many Tories, Joseph Joseph Galloway) Galloway) doubted doubted that that colony colony and and homeland homeland were were separate legal legal entities—made by the charters two two branches branches from from separate entities—made by the charters one one stem.25 stem.” Even Even the the wicked wicked ministers ministers of of the the King King conceded conceded this—though this—though to to aa very very different different purpose. purpose. Hence Hence the the vigorously vigorously drawn distinction between revenue revenue and administrative tax. tax. Regula­ Reguladrawn distinction between and administrative tion of of trade trade was was clearly clearly imperial imperial business. business. Like Like the the foreign foreign policy policy tion of English English dominions dominions in in general. general. But But every every page page of of Whig Whig history of history spoke to to the the question of taxes taxes levied but not not voted voted and and enforced enforced by by spoke question of levied but standing armies.” When these these two two innovations innovations appeared appeared in in com­ comstanding armies.26 When pany, balance of pany, during during aa specific specific reign, reign, the the negotiated negotiated balance of government government and subject subject was was in in peril peril and conflict just just over over the hill. Large Large garand and conflict the hill. gar­ risons, royally royally appointed appointed judges, judges, and and taxes taxes to to produce produce revenue revenue (as (as risons, opposed to to supplies supplies for for the the small small colonial colonial establishment) establishment) had had not not opposed been aa part part of of the the King’s King’s presence presence in in North America. The colonial been North America. The colonial assemblies had had “‘granted” to their their sovereign sovereign what what his reassemblies “ granted” to his duties duties re­ quired. That That the the English English Parliament, Parliament, acting acting under under an an evil evil quired. now ‘relieved them of of this this responsibility responsibility seemed ““influence”, influence”, now relieved them seemed aa dangerous precedent—a precedent—a precedent precedent of of the the kind kind against against which which Sir Sir dangerous Edward —under whose Edward Coke Coke warned warned in in his his Institutes Jnstitutes—under whose aegis aegis the the social social family of of reciprocal reciprocal rights responsibilities might might collapse collapse into into family rights and and responsibilities 88 88

The The Politics Politics of of John John Dickinson Dickinson something arbitrary arbitrary and and oriental; oriental; aa precedent precedent fatal fatal to liberty, in in something to liberty, that word’s older English sense. sense. Which Which is is the the bottom bottom line line in in what what that word’s older English Dickinson’s dignified “‘farmer”’ has to to say. Dickinson’s dignified “farmer” has say.

From an an understanding of these these concerns concerns we we can can move move toward toward From understanding of aa reading of the as aa sequence sequence or reading of the Farmer’s Farmer’s Letters Letters as or design: design: three three papers New York papers on on the the suspension suspension of of the the New York legislature, legislature, the the Townshend the necessity Townshend Duties, Duties, the necessity of of remonstrance, remonstrance, and and the the non­ nonintercourse agreements. They serve serve as as an an overture overture to to the the nine nine intercourse agreements. They papers that that follow. follow. The The last last two two of of these these function function as as aa peroration peroration for for papers the set: set: an an appeal appeal for unity and and aa salute salute to to the the value value of of liberty, liberty, all of the for unity all of itit spun and elevation tone. The total spun out out with with some some elaboration elaboration and elevation of of tone. The total pattern turns turns on on letters letters three three and and ten. ten. The The first first of of these these has has to to do do pattern with the the tactics tactics and spirit of of aa proper proper resistance: resistance: the the tactics tactics and and and spirit with spirit which which will will get get the the job job done. done. Here Here he he speaks speaks to to moderate moderate men men spirit of how how painless and reasonable reasonable his his form form of of resistance (unofficial of painless and resistance (unofficial embargo) will will turn turn out out to to be. be. Letter Letter ten ten is is of of an an opposite, opposite, almost almost in­ inembargo) flammatory disposition: concerning the the utmost utmost limits limits of of ‘misery flammatory disposition: concerning “misery and and infamy.”27 infamy.’”’ Here Here Dickinson Dickinson aims aims to to frighten frighten with with an an image image of of plunder law and plunder under under cover cover of of law and the the prospect prospect of of immigrant immigrant of­ officeholders, let or ficeholders, consuming, consuming, without without let or hindrance, hindrance, the the substance substance of of colonial prosperity. prosperity. colonial He imagines imagines a a history history for for these these developments developments in in the the following following He terms: terms:

Certain before their many illustrious Certain it it is, is, that that though though they they had had before their eyes eyes soso many illustrious examples in their their mother attending firmness examples in mother country, country, of of the the constant constant success success attending firmness and perseverance perseverance, , in in opposition opposition to to dangerous dangerous encroachments encroachments on on liberty, liberty, yet yet and they gave up they quietly quietly gave up aa point point of of the the LAST LAST IMPORTANCE. IMPORTANCE. From From thence thence the its decay the decline decline of of their their freedom freedom began, began, and and its decay was was extremely extremely rapid; rapid; for for as them by as money money was was always always raised raised upon upon them by the the parliament, parliament, their their assemblies assemblies grew immediately useless, , and in a a short short time time contemptible: contemptible: And And in in less less grew immediately useless and in than one one hundred hundred years, the people people sunk sunk down down into into that that tameness lameness and and than years, the supineness spirit, by by which which they they still still continue to be be distinguished. distinguished. supineness ofof spirit, continue to (Letter X) (Letter X)

The The letters letters standing standing between between these these two two all all concern concern taxes taxes and and the the probable consequences consequences of of altered altered tax tax policy. policy. They They deal deal with with liberty, liberty, probable inherited rights, rights, and and the the comprehension comprehension of of these these imperatives imperatives within inherited within the the antipodes antipodes of of letters letters three three and and ten. ten. With With that that comprehension comprehension 89

AA Better Better Guide Guide Than Than Reason Reason achieved, the the “farmer” ‘‘farmer”’ is is ready ready to to admonish. He has has moved his achieved, admonish. He moved his reader and their reader from from aa measured measured resentment resentment of of British British policies policies and their im­ immediate of what their final final costs: mediate results results to to aa deeper deeper fear fear of what could could be be their costs: from attention or to initial consideration in from attention or interest, interest, to initial judgement, judgement, to to consideration in detail, and final detail, alarm alarm and final full full engagement—calling engagement—calling on on both both head head and and heart to to act. act. The of the entire Letters Letters from from aa Farmer Farmer in in Penn­ Pennheart The structure structure of the entire sylvania craft atat work. syluania is is therefore therefore proof proof of of aa considerable considerable craft work. And And part part of of the the meaning meaning which which that that craft craft has has produced. produced. Ill Ill

With the the evidence evidence examined examined to to this this point point we we may may hope hope to to With reconstruct government reconstruct John John Dickinson’s Dickinson’s conception conception of of the the role role of of government and its its relation relation to to aa healthy healthy society. society. For For Dickinson’s Dickinson’s political political and writings, occasional in on writings, though though occasional in origin, origin, reflect reflect settled settled opinions opinions on these opinions in his long these topics: topics: opinions in evidence evidence at at every every point point in in his long public public life. at this life. And And this this teaching teaching at this level level deserves deserves careful, careful, unanachronistic unanachronistic exposition. Indeed, Indeed, what what he he says says about and “political” “political” exposition. about “‘natural”’ “ natural” and rights alters alters drastically drastically our our perspective perspective on on what eighteenth century century rights what eighteenth Americans meant Americans meant when when they they invoked invoked such such terms. terms. And And therefore therefore our our view of the the corporate identity which which is is ours by lawful lawful entail. entail. view of corporate identity ours by To begin, government and and society society were were not, not, in in the the eyes eyes of of our our To begin, government subject, synonymous synonymous terms. terms. To To encourage encourage men men to to perform perform the the vir­ virsubject, tue of of which which they they are are capable, capable, and and thus pursue their happiness, as as tue thus pursue their happiness, persons and and as as aa community, community, is is the the final final end end of government.” Yet Yet persons of government.28 its means means to to such such an an end end are are not not social social policies policies or or teleological comits teleological com­ mitments to to the the achievement achievement of of some some abstractly abstractly conceived state or or mitments conceived state condition or or national national dream dream of of grandeur. grandeur. Enlightened Enlightened self-interest self-interest condition only one one consideration consideration in in this this process. process. The The need need for for fellow feeling isis only fellow feeling and interdependence, interdependence, for for aa corporate corporate sense sense achieved achieved through through free free and choice, counts counts for for just just as as much. much. (Remember (Remember the the constant constant emphasis emphasis choice, on unity unity of of action action in in the the Farmer's Farmer’s Letters.”) In the the opinion opinion of of Dickin­ Dickinon Letters.29) In son, —law which which allows to grow son, government government is is law /aw—law allows society society to grow and and flourish. Its Its terms terms and and specific specific properties properties derive derive from an anterior anterior flourish. from an social ground rules” social reality, reality, not not the the other other way way around. around. It It is is aa set set of of ““‘ground rules”’ or agreed-upon agreed-upon procedures, procedures, found found in in the the course of their their history history to to or course of be reasonable reasonable and and conducive to the happiness of of those those be conducive to the general general happiness

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whom itit binds nationality. And whom binds into into nationality. And even even the the meaning meaning of of liberty liberty (clearly, Dickinson’s Dickinson’s “‘‘god term’’)”) is is restricted restricted by by these these rules.30 rules.” (clearly, god term Dickinson, like ld Dickinson, like many many other other colonials colonials and and English English ‘O “Old Whigs”, speaks speaks at at times times of of “rights “‘rights essential essential to to human human happiness” happiness” Whigs”, that are not “gifts” “gifts” of of princes princes but but ““‘are in us us by by the decrees that are not are created created in the decrees of Providence Providence which which establish establish the the laws laws of of our nature.’”’ But But of our nature.”31 between these these and and the the ““historic rights of of Englishmen” Englishmen” he he marks marks no no between historic rights distinctions.32 about the distinctions. And And about the latter latter he he speaks speaks incessantly.33 incessantly.” The The reasons reasons behind behind this this conflation conflation are are not not far far to to seek. seek. The The paradox paradox is is in in our minds, minds, not not in in the the thinking thinking of of our our subject: subject: in the deductive, deductive, our in the rationalist habits habits we we have have borrowed borrowed from from the the philosophes pAilosophes, , not not in in the the rationalist

prudential prudential calculus calculus of of the the Whigs. Whigs. Like Like others others with with his his education, education, Dickinson from their Dickinson does does not not think think of of natural natural rights rights apart apart from their incarna­ incarnation social matrix tion in in historic historic rights, rights, as as logically logically prior prior to to the the social matrix where where they they took took root. root. That That incarnation, incarnation, they they recognized, recognized, might might be be im­ imperfect—even, perfect—even, as as II said said above, above, where where human human liberty liberty was was concerned. concerned. But to destroy destroy the the continuum continuum where where historic historic rights rights can can survive survive by by But to reaching declension from reaching for for an an aa priori priori definition definition is is to to risk risk aa sad sad declension from what real real ancestors ancestors under under real difficulties have have achieved: achieved: to to risk, risk, as as what real difficulties Dickinson expressed itit with Dickinson expressed with one one forceful forceful analogy, analogy, making making oneself oneself into an an illegitimate illegitimate son.34 son.” into Men are are made made social, social, to exercise their their abilities in society and Men to exercise abilities in society and under the the conditions of government government which, which, given given the the flaws in their their under conditions of flaws in nature, to making nature, come come closest closest to making that that exercise exercise possible. possible. Those Those rights rights which which produce produce aa balance balance of of liberty liberty and and order, order, the the highest highest in in human human felicity, are are most most natural. natural. When When government government acts acts against against that felicity, that balance, balance, there there is is difficulty. difficulty. So So history history reveals, reveals, telling telling us us by by negations negations for for what what condition condition we we were were made. made. And And when when government government misconceives behaving as men existed misconceives of of its its function, function, behaving as if if men existed for for its its sake sake and absolute. The The natural natural or and not not the the other other way way around, around, the the error error isis absolute. or ““inherent” inherent” right right of of self-preservation self-preservation figures figures in in this this conception. conception. Positive law, law, when when it it renders renders aa whole whole people people absolutely absolutely subject subject and and Positive thus destroys society, to engender thus destroys society, can can expect expect to engender aa rebellion. rebellion. Yet, Yet, apart apart from such mistakes, prevent statist statist denial from such mistakes, the the specific specific rights rights which which prevent denial of m man’s providential destiny destiny are are not not “parchment ‘parchment guarantees” guarantees”’ of of an’s providential of Justice talks instead Justice or or Equality Equality or or Freedom Freedom from from Fear. Fear. Dickinson Dickinson talks instead about about trial by by jury, jury, self-taxation, self-taxation, petition, petition, local local responsibility responsibility forjudges, for judges, trial 91 91

AA Better Better Guide Guide Than Than Reason Reason and aa well-ordered well-ordered militia. militia. Consider Consider the the particulars particulars of of his his “A ‘‘A Peti­ Petiand tion his other tion to to the the King King from from the the Stamp Stamp Act Act Congress” Congress”’ and and all all of of his other statements in in behalf behalf of his countrymen countrymen made thereafter, up to and and statements of his made thereafter, up to beyond the the ““‘Declaration and Resolves Resolves of of the the First First Continental Continental beyond Declaration and Congress, 1774.”35 That Congress, Oct. Oct. 14, 14, 1774.”* That his his “inherent “inherent rights” rights” are are thus thus defined, how typical typical of sentiment hehe was, defined, when when we we recall recall how of American American sentiment was, should encourage encourage us to ask ask again again what what occasional occasional use use of of broad broad should us to general terms terms meant meant in in the the great great documents documents of the era era of of our our general of the Revolution: meant to Revolution: meant to those those who who assented assented to to their their promulgation. promulgation. And II include include here here the the Declaration Declaration itself! itself! And IV IV John Dickinson Dickinson continued continued the the same same sort sort of of non-theoretical non-theoretical John Whig after after independence independence had had been been achieved. achieved. That That his his objection objection to to Whig the timing timing and and vehement vehement language language of of the the Declaration Declaration of of the Independence did did not not contradict contradict his his emphasis emphasis on on concerted action Independence concerted action he proved under arms arms in in New Jersey and and at at Brandywine.And Brandywine.And he proved under New Jersey thereafter in in political political service service in in Delaware, Delaware, Pennsylvania, Pennsylvania, and and the the thereafter Continental Continental Congress. Congress. We We needed needed an an official official instrument, instrument, linking linking the free free commonwealths commonwealths in in their their recalcitrance recalcitrance before before we we severed severed the their the older their connection connection in in the older Constitution: Constitution: and and thus thus destroyed destroyed their their roots in in that that deposit of liberties. liberties. Furthermore, Furthermore, there there was danger roots deposit of was aa danger from licentious elements” from “mobbish ‘‘mobbish Boston” Boston” and and the the ““‘licentious elements” in in New New England.36 Alienation from England.* Alienation from the the precedent precedent in in those those quarters quarters might might produce produce aa complete complete collapse collapse of of law law into into mere mere democracy: democracy: “the ‘‘the precarious precarious tenure tenure. of of will.” will.”” Two Two American American republics republics could could result result from the the release release of such forces; and neither neither would survive.” Accord­ Accordfrom of such forces; and would survive.37 ing to to Dickinson’s Dickinson’s apology apology for for his his conduct conduct in in those those days, he had ing days, he had always of performing always aa horror horror of performing “experiments” “experiments” upon upon the the body body politic.38 for the and then politic.** And And for the same same reason reason he he signed signed and then affirmed affirmed in in print Constitution which print the the Federal Federal Constitution which he, he, as as aa delegate delegate from from Delaware, had had helped to compose.39 compose.” In In his his eyes preserved both both Delaware, helped to eyes itit preserved the “sovereignty” the states states and and their their union, union, allowed allowed for for no no the “sovereignty” ofof the judicial review, review, no no imperial imperial president, president, no no expensive expensive establishment, establishment, judicial and no no ‘‘democratical excess’. Was, Was, in in other other words, words, no no “ex­ “‘exand “ democratical excess”. periment” or arbitrary arbitrary construction construction doing periment” or doing violence violence to to the the larger larger Anglo-American identity. other ostensi­ Anglo-American identity. And And when, when, once once in in office, office, other ostensi92 92

The Polttics of of John Dickinson The Politics John Dickinson

ble Federalists Federalists found found in in the the document document an an authority authority for for “energetic”, ‘‘energetic”’, ble centralist centralist construction construction of of the the government’s government’s power, power, Dickinson Dickinson went went over its true true expositor. Finally, in days, he over to to Jefferson Jefferson as as its expositor. Finally, in his his last last days, he thundered against against the French Revolution Revolution and and the the would-be would-be Caesar Caesar thundered the French released upon upon Europe Europe as as aa “reign “reign of of monsters” monsters” likely to swamp swamp itit released likely to all all Christendom Christendom with with aa terrible terrible synthesis synthesis of of “atheism “atheism and and democracy’’.“’ In In the the Constitutional Constitutional Convention Convention his constant theme theme democracy”.40 his constant was was “warm “‘warm eulogiums eulogiums of of the the British British Constitution”, Constitution”, dread dread of of in­ innovation, and and devotion devotion to to corporate corporate liberty.41 liberty.** And And nowhere nowhere more more novation, forcefully forcefully than than when when the the sanction sanction of of mathematical mathematical logic logic was was in­ invoked against the voked against the predominance predominance of of the the House House of of Representatives Representatives in in the initiation initiation of of money money bills. bills. His address on on that that occasion occasion may may the His address properly summary of properly serve serve as as aa summary of his his entire entire political political career. career. In response to to the the cunning cunning Mr. Mr. Madison, Madison, Dickinson Dickinson declared: declared: In response Experience must must be be our our only only guide. guide. Reason Reason may may mislead mislead us. was Experience us. ItIt was not the singular the not Reason Reason that that discovered discovered the singular and and admirable admirable mechanism mechanism ofof the British British Constitution. Constitution. It It was was not not Reason Reason that that discovered discovered or or even even could could have discovered discovered the the odd odd and and in in the the eye of those those who who are are governed governed by by have eye of reason, probably produced reason, the the absurd absurd mode mode of of trial trial by by jury. jury. Accidents Accidents probably produced these discoveries, these discoveries, and and experience experience has has given given sanction sanction to to them. them. This This then then was our our guide.42 guide.” was

The eminently reasonable lesson lesson that that John John Dickinson offered that that The eminently reasonable Dickinson offered day one that he followed end. He belonged to of day is is one that he followed to to the the end. He belonged to the the party party of memory; memory; and and nothing nothing very very important important in in the the political political history history from from which we we derive derive was, was, in in his public conduct, conduct, ever ever forgotten. forgotten. Of Of the the which his public generation of government generation which which shaped shaped our our form form of government and and then then set set it it in in motion, few few speak speak to to us us with with such such corrective corrective force. force. His His life life em­ emmotion, bodies the the American American political political prescription. prescription. As As each each new new wave wave of of bodies political geometers geometers pours pours in in upon us, his his is is an an order order and and sophistica­ sophisticapolitical upon us, tion of of experience experience which which we we shall shall very very much much require. require. And And aa tion teaching needed needed to to guide guide us us on on our perilous way. way. teaching our perilous NOTES NOTES last last convenient edition (now(now out out of print), with with a perceptive introduction by by 1.1. The The convenient edition of print), a perceptive introduction Forrest McDonald, McDonald, was was printed printed with with Richard Richard Henry Henry Lee’s Lee’s “Letters “Letters from from the the Federal Federal Forrest

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AA Better Than Reason Better Guide Guide Than Reason Farmer” under under the Empire and and Nation Nation (Englewood (Englewood Cliffs, Cliffs, N.J.: Farmer” the general general title title ofof Empire N.J.: PrenticeHall, PrenticeHall, Inc., 1962). 1962). Inc., 2.2. See See John John C. C. Miller, Miller, Origins Origins of of the the American American Revolution Revolution (Boston: (Boston: Little, Little, Brown Brown and and Com­ Company, (Chapel Hill, Hill, University pany, 1943), 1943), p. p. 477; 477; also also H. H. Trevor Trevor Colbourn, Colbourn, The The Lamp Lamp of of Experience Experience (Chapel University of North Carolina Press, Press, 1965), 1965), p. p. 118. 118. of North Carolina 3.Dickinson cites cites Lord Lord Camden Camden and and the the statute statute quo quo warranto warranto 18th 18th of of Edward Edward I. I. See See The The 3.Dickinson Political Writings Writings of of John John Dickinson, Dickinson, 1764-1774 1764-1774 (New (New York York: : Da Da Capo Capo Press, Press, 1970), 1970), edited edited by Political by Paul L. Ford Ford (originally (originally published published 1895), 1895), p.p. 485. 485. From From Coke Coke to to Chatham Chatham ran ran the the argument argument Paul L. that law bound bound King and Parliament. Parliament. See See the the famous famous Dr. Dr. Bonham’s Case, 88 Coke Coke 118a 118a that law King and Bonham’s Case, (1610). and His (Hamden, Conn.: (1610). Also Also Herbert Herbert Butterfield, Butterfield, The The Englishman Englishman and His History History (Hamden, Conn.: Archon Archon Books, Books, 1970). 1970). 4.4. See See Colbourn, Colbourn, p. p. 115 115 and and Charles Charles H. H. M MclIlwain’s The American American Revolution: Revolution: A A cllwain’s The Constitutional Interpretation Interpretation (New (New York: York: The The Macmillan Macmillan Co., Co., 1923), 1923), p. p. 23. 23. Also Works, p. Constitutional Also Works, p. xvii. xvii. 5.5. On tradition, see On Dickinson Dickinson and and the the Whig Whig legal legal tradition, see Charles Charles J.J. Stillt, Stillé, The The Life Life and and Times Times of of John (New York: John Dickinson Dickinson (New York: Burt Burt Franklin, Franklin, 1969), 1969), pp. pp. 21-34 21-34 etet seq. seg. This This is is aa reprint reprint of of the the 1891 1891 biography by by aa representative spokesman of of the the Philadelphia Philadelphia bar, bar, and and aa great great adversary adversary of of biography representative spokesman New England “ism “isms”. Puzzlement that that there there is is no no modern modern biography biography of of Dickinson Dickinson is is fre­ freNew England s”. Puzzlement quently scholarship. See Tolies’ “The quently expressed expressed in in the the scholarship. See Frederick Frederick B. B. Tolles’ “‘The Historians Historians of of the the Middle Middle Colonies”, 70-71 in Colonies”, pp. pp. 70-71 in The The Reinterpretation Reinterpretation of of Early Early American American History, History, ed. ed. Ray Ray Allen Allen Billington Billington (New (New York: York: W.W. W.W. Norton Norton && Co., Co., Inc., Inc., 1968). 1968). 6.6. See Rossiter, Seedtime See Clinton Clinton Rossiter, Seedtime of of the the Republic: Republic: The The Origin Origin of of the the American American Tradition Tradition of of Political Liberty Inc., 1953) Political Liberty (New (New York: York: Harcourt, Harcourt, Brace Brace & & World, World, Inc., 1953) p. p. 398. 398. William William Henry Henry Drayton Drayton speaks speaks of of George George III III as as having having “unkinged” “unkinged” himself. himself. 7.7. Colbourn, Bridenbaugh’s The The Spirit (New York: Oxford Univer­ Colbourn, p. p. 116; 116; also also Carl Carl Bridenbaugh’s Spirit of of 76 76 (New York: Oxford University Press, 1975), p. 99, where he quotes England speaking sity Press, 1975), p. 99, where he quotes the the young young Dickinson Dickinson in in England speaking of of Penn­ Pennsylvania no comparison sylvania as as “our “‘our country” country” which which can can “bear “‘bear no comparison with with any any other other place.” place.” 8.8. Like always considered Like the the elder elder Pitt, Pitt, Dickinson Dickinson always considered commonwealth commonwealth status status as as the the most most desirable solution. desirable solution. 9.9. In Essay on on the of Great speaks of In his his ““‘Essay the Constitutional Constitutional Power Power of Great Britain” Britain” (1774), (1774), he he speaks of “dependence on the Greeks “dependence on the the Crown” Crown” or or “on ‘‘on Parliament” Parliament” in in analogy analogy to to “the “the engine engine of of the Greeks for for the of Troy.” the destruction destruction of Troy.” Dependence Dependence is is the the opposite opposite extreme extreme of of independence. independence. Dickinson’s Dickinson’s object, at such innovation. object, at every every point, point, was was to to defend defend ancestral ancestral walls walls against against the the breach breach of of such innovation. 10. The The only only peril peril given given an an almost almost equivalent equivalent importance importance was was that that of of anarchy. anarchy. 10. 11. See See C.V. C.V. Wedgwood, Wedgwood, The The King's King’s Peace Peace (London: (London: William William Collins Collins Sons Sons & & Co., Co., Ltd., Ltd., 11. 1955). In In using using this Dickinson echoed echoed the the best of contemporary contemporary English Whig 1955). this analogy, analogy, Dickinson best of English Whig opinion. at the Court led Southern and Middle opinion. Dozens Dozens of of attorneys attorneys trained trained at the Inns Inns of of Court led the the Southern and Middle colonies W hig” position Almost no colonies to to adopt adopt the the “Old “Old Whig” position during during our our Revolution. Revolution. Almost no New New England England lawyers their political under the Jawyers had had that that training. training. Hence Hence their political thought, thought, under the influence influence of of Puritan Puritan political theory, theory, tended tended toward toward aa “natural “‘natural rights” rights” position. position. See See Stille, Stillé, pp. pp. 26-27. 26-27. Also Also W W.H. political .H. Greenleaf, Order, Political Thought, Greenleaf, Order, Empiricism Empiricism and and Politics: Politics: Two Two Traditions Traditions of of English English Political Thought, 1500-1700 1500-1700 (New (New York: York: Oxford, Oxford, 1964). 1964). 12. Works, Works, p. 491. 12. p. 491. 13. the source 13. General General Henry Henry Conway, Conway, in in aa 1776 1776 debate debate in in Commons, Commons, is is the source of of this this language, language, quoted on on p. p. 199 199 of of Thomas Thomas Fleming’s Year ofof Illusion Illusion (New (New York: York: W.W. Norton & & Co., Co., quoted Fleming’s 7776: 1776: Year W.W. Norton 1975). Conway Conway is is typical of the the “Country “Country W Whig” in connecting connecting “fundamental” ‘‘fundamental” or 1975). typical of hig” in or ‘“‘natural “ natural rights” with with simple simple self-preservation. self-preservation. The The American American reaction to the the Howe Howe expedition that he he rights” reaction to expedition that predicts correct) parallels Lincoln got predicts (and (and he he was was correct) parallels what what Lincoln got from from moderate moderate Southerners Southerners when, when, in call for in 1861, 1861, he he prepared prepared to to call for 75,000 75,000 troops troops to to invade invade Dixie. Dixie. 14. Works, 14. Works, p. p. 267. 267. 15. 15. Ibid., Ibid., p. p. 241. 241.

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The Politics of of John Dickinson The Politics John Dickinson

16. See See p. p. 15 15 of of The The M Making of the the American American Republic: Republic: The The Great Great Documents, Documents, 7774-1789 1774-1789 (New 16. aking of (New Rochelle, Rochelle, N.Y.: N.Y.: Arlington Arlington House, House, 1972), 1972), ed. ed. by by Charles Charles C. C. Tansill. Tansill. From From “Declaration ‘Declaration of of Causes Causes for for Taking Taking Up Up Arms”. Arms”. 17. 17. Works, Works, p. p. 469. 469. 18. 18. Ibid., Ibid., p. p. xvii. xvii. G.H. G-H. Guttridge Guttridge in in his his English English Whiggism Whiggism and and the the American American Revolution Revolution (Berkeley: (Berkeley: University University of of California California Press, Press, 1963), 1963), p. p. 34, 34, writes writes that that “the “‘the Whiggism Whiggism of of Chatham order which Chatham was was of of that that old old order which placed placed the the fundamental fundamental law law of of the the Constitution Constitution beyond beyond the the reach reach of of Parliament.” Parliament.” 19. 19. See See David David L. L. Jacobson, Jacobson, John John Dickinson Dickinson and and the the Revolution Revolution in in Pennsylvania, Pennsylvania, 1764-1776 1764-1776 (Berkeley: University University of of California California Press, Press, 1965), 1965), p. 109. (Berkeley: p. 109. 20. Page Page 241 241 of of Merrill Jensen’s The The Founding ofaa Nation: Nation: A A History History of of the the American American Revolution, Revolution, 20. Merrill Jensen’s Founding of 1763-1776 (New (New York: York: Oxford Oxford University University Press, Press, 1968). 1968). 1763-1776 21. See my 21. See my “A “A Teaching Teaching for for Republicans: Republicans: Roman Roman History History and and the the Nation’s Nation’s First First Iden­ Identity”, Intercollegiate Intercollegiate Review, Review, XI XI (Winter-Spring, (Winter-Spring, 1976), 1976), 67-81. 67-81. (Reprinted (Reprinted elsewhere elsewhere in in this this tity”, volume.) volume.) 22. Jacobson, Jacobson, p. p. 89. The same same use use of of the the pastoral pastoral overtones overtones of ofaa rhetorical rhetorical mask mask appears appears in in 22. 89. The his “Song of the the Farmer”, Farmer”, the the anthem anthem of of the the Revolution. Revolution. See See Kenneth Kenneth Silverman’s Silverman’s The The his “Song of Cultural Cultural History History of of the the American American Revolution Revolution (New (New York: York: Thomas Thomas Y. Y. Crowell, Crowell, 1976), 1976), p. p. 114. 114. 23. The best best feature Revolution 23. The feature of of Bernard Bernard Bailyn’s Bailyn’s The The Ideological Ideological Origin Origin of of the the American American Revolution (Cambridge, Mass.: Mass.: Harvard Harvard University Press, 1967) 1967) is is his his account account of of this this ‘‘conspiracy (Cambridge, University Press, “conspiracy theory”. 144-150 etet seq. theory”. See See pp. pp. 144-150 seq. 24. Works Works, , p. p. 494. 494. 24. 25. See p.p. 96 25. See 96 of of Carl Carl Becker’s Becker’s The The Declaration Declaration of of Independence Independence (New (New York: York: Vintage Vintage Books, Books, 1958). Becker 1958). Becker gives gives Dickinson Dickinson credit credit for for announcing announcing what what Lawrence Lawrence H. H. Gipson Gipson says says had had long in 1774-1776, long been, been, in 1774-1776, true: true: that that the the “colonies, “colonies, in in actuality actuality ifif not not in in theory, theory, had had become become states the Empire.” states within within the Empire.” See See p. p. 223 223 of of The The Coming Coming of of the the Revolution, Revolution, 1763-1775 1763-1775 (New (New York: York: Harper 1962). Harper & & Row, Row, 1962). 26. Guttridge, 6-7. 26. Guttridge, pp. pp. 6-7. 27. Empire 27. Empire and and Nation, Nation, p.p. 58. 58. 28. Contrary Contrary to distance from from the 28. to much much early early comment, comment, Dickinson Dickinson stood stood at at aa great great distance the com­ commercial Address Read mercial Whigs Whigs of of Philadelphia. Philadelphia. He He censured censured them them explicitly explicitly in in “An ‘‘An Address Read at at aa Meeting of of Merchants Merchants to to Consider Consider Non-Importation” Non-Importation” (April (April 25, 25, 1768), 1768), Works, Works, pp. pp. 409-417. 409-417. Meeting He responsibility. But He cites cites Locke Locke rarely. rarely. Property Property is is important important to to him him as as aa precondition precondition of of responsibility. But the “A landed landed interest widely diffused the property property which which makes makes for for virtue virtue is is land: land: ‘‘A interest widely diffused among among the the mass the people, the personal laudable mass of of the people, by by the personal values values of of honest honest industry, industry, fair fair dealing, dealing, and and laudable frugality is is the the firmest firmest foundation foundation that that can can be be had had for for the the secure secure establishment of civil liberty frugality establishment of civil liberty and national national independence.” Quoted in in Jacobson, Jacobson, p. p. 125. 125. and independence.” Quoted 29. 29. See See especially especially Empire Empire and and Liberty, Liberty, pp. pp. 77-79 77-79 and and 83-85. 83-85. 30. Christopher Hobhouse Hobhouse in in his his Fox Fox expresses the moderate moderate Whig Whig view view of of liberty liberty with with aa 30. Christopher expresses the certain finality: finality: “‘‘Liberty, like happiness, happiness, is is most most perfect perfect when least remarked. remarked. As As most most mis­ miscertain Liberty, like when least ery is is caused caused by by the the pursuit pursuit of of an an abstract abstract happiness, distinct from from the the occupations occupations that that make make ery happiness, distinct men distinct from men happy, happy, so so most most tyranny tyranny springs springs from from the the struggle struggle for for an an abstract abstract liberty, liberty, distinct from the laws laws and and institutions institutions that that make make men men free.” free.”” (Quoted (Quoted by Sir Arthur Arthur Bryant, The Tears Years of of the by Sir Bryant, The Endurance, [London: William Sons & Co., Ltd., Endurance, 1793-1802 1793-1802 [London: William Collins Collins Sons & Co., Ltd., 1975], 1975], p. p. 33.) 33.) 31. Works, p. p. 262. 262. 31. Works, 32. Jacobson pp. 32. Jacobson is is always always to to the the contrary contrary on on this this point—and point—and always always wrong. wrong. See See Works, Works, pp. 183-187 and ‘Experience Must Must Be 183-187 and 193. 193. For For further further support support of of my my view view see see Douglass Douglass Adair, Adair,‘‘“ ‘Experience Be Our Only Only Guide’: History, Democratic Democratic Theory, and the the United United States States Constitution”, pp. Our Guide’: History, Theory, and Constitution”, pp. 129-150 of op. cit. 129-150 of Billington, Billington, op. cit. 33. See See Colbourn, Colbourn, pp. pp. 107-119. 33. 107-119.

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AA Better Better Guide Guide Than Than Reason Reason 34. pp. 274-275. to us does our our name, 34. Works, Works, pp. 274-275. Obviously, Obviously, if if liberties liberties come come to us as as does name, then then equality equality has nothing to do with the the idea. idea. Neither Neither do do certain certain arguments arguments from from aa definition definition of of Man. Man. has nothing to do with 35. Works, Works, pp. also Tansill, pp. 1-9. 1-9. 35. pp. 193-196; 193-196; also Tansill, pp. 36. ood’s The The Creation 36. See See Miller, Miller, p. p. 365; 365; also also Gordon Gordon W Wood’s Creation of of the the American American Republic, Republic, 1776-1787 1776-1787 (Chapel Hill: Hill: University University of of North North Carolina Carolina Press, Press, 1969), pp. 45 45 and and 205. (Chapel 1969), pp. 205. 37. See See Jensen, Jensen, p. p. 509. 509. Also Also John John H. Powell’s reconstruction reconstruction of of “Arguments ‘Arguments Against Against the the 37. H. Powell’s Independence Independence of of these these Colonies—in Colonies—in Congress”, Congress”, Pennsylvania Pennsylvania Magazine Magazine of of History History and and Biography, Biography, 65 (Fall, 1941), 1941), 468-481. 468-481. 65 (Fall, 38. Stille, Stillé, p. p. 370. 38. 370. 39. See See his his Fabius Fabius letters letters (1788)—a (1788)—a neglected counterpart to to The The Federalist. Federalist. 39. neglected counterpart 40. Stillé, Stillé, p. p. 282. 40. 282. 41. See See pp. pp. 56 56 and of James James M Madison’s Notes of of Debates Debates in in the the Federal Federal Convention Convention of of 1787 1787 41. and 7777 of adison’s Notes (Athens: Ohio Ohio University University Press, Press, 1966). 1966). (Athens: 42, Madison, 447. For For aa recent recent interpretation of Dickinson Dickinson which which minimizes minimizes the the impor42. Madison, p.p. 447. interpretation of impor­ tance of such Paine and and Dickinson,” tance of such passages passages see see A. A. Owen Owen Aldridge, Aldridge, ““Paine Dickinson,” Early Early American American Literature, XI XI (Fall, (Fall, 1976), 1976), 125-138. 125-138. A A reading closer to to my my own own is is by by John John Dickinson, Dickinson, “The ““The Literature, reading closer Political Review, XXXX XXIX IX (Oct., Political Thought Thought of of John John Dickinson,” Dickinson,” Dickinson Dickinson Law Law Review, (Oct., 1934), 1934), 1-14. 1-14.

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ACCORDING GENIUS: ACCORDING TO TO THEIR THEIR GENIUS: POLITICS AND AND THE POLITICS THE EXAMPLE EXAMPLE OF OF PATRICK PATRICK HENRY HENRY Even celebrations began, Even before before the the first first of of our our bicentennial bicentennial celebrations began, it it was altogether altogether predictable predictable that that their their emphasis emphasis should should fall fall more more was upon the the what what than than the the why why of events transpiring transpiring during during and and prior prior to to upon of events our original War for Independence. According to those responsible, our original W ar for Independence. According to those responsible, no controversy could could follow follow from from this this procedure. procedure. There There is, is, however, however, no controversy danger in in submitting submitting to to such such probability probability and and neglecting neglecting to to aa danger redress of emphasis redress the the balance balance of emphasis toward toward interpretation. interpretation. For, For, try try as as we will, will, there there is is no no honest honest way way of of making making our our salute salute to to the the we revolutionary forefathers forefathers into into aa non-partisan non-partisan event. event. revolutionary What they they attempted attempted and achieved embodied embodied a apolitical intenWhat and achieved political inten­ tion and and aa theory theory of of the the politically politically good. And no less than the New tion good. And no less than the New Left distortions of the People’s Bicentennial Commission, the supLeft distortions of the People’s Bicentennial Commission, the sup­ posedly value-free value-free and and “factual” ‘factual’? accounts accounts of of our our received received posedly historiography which which stand stand behind behind the the rites rites and and ceremonies ceremonies of of our our historiography official official and and federally federally sponsored sponsored celebrations celebrations obscure obscure that that intent intent and theory. theory. Standing in the the way way of of the the recovery recovery of of legitimate preceand Standing in legitimate prece­ dent which which II here here recommend recommend is, is, of of course, course, the the Second Second American American dent Revolution of of our our Civil Civil War. War. But But that that is is another study. Revolution another study. The more more immediate immediate obstacles obstacles to to our our understanding understanding of of what what The American colonials colonials intended intended by by their their official official separation separation from from the the American mother mother country country are are the the unrepresentative unrepresentative sentiments sentiments of of intellectual­ intellectualinteresting but but sometimes sometimes deviant deviant revolutionaries, revolutionaries, such as James James lyly interesting such as Madison, Thomas Thomas Jefferson, Jefferson, Benjamin Benjamin Franklin, Franklin, and and Thomas Madison, Thomas Paine. In In their their stead, stead, we we should should concentrate concentrate upon upon the the thoughts thoughts and and Paine. 97 97

AA Better Better Guide Guide Than Than Reason Reason actions of of less less curious curious men, men, such such as as John John Dickinson, Dickinson, John John Adams, Adams, actions

and the Cincinnatus of we and the taciturn taciturn Cincinnatus of Mount Mount Vernon. Vernon. And And especially especially we should concentrate upon upon the thoughts and and actions of that that trumpettrumpetshould concentrate the thoughts actions of

voice the Revolution—Patrick of Virginia. voice of of the Revolution—Patrick Henry Henry of Virginia. The difficulty which The great great difficulty which we we confront confront in in reconstructing reconstructing the the thoughts as the thoughts of of such such active active men men as the Virginia Virginia Demosthenes Demosthenes is is aa paucity of detailed records and and aa shortage shortage of of that that idol idol of paucity of detailed records of scholars, scholars, written documents. For For it it is is aa paradox paradox of intellectual history—a history—a written documents. of intellectual paradox men positioned paradox rooted rooted in in human human nature—that nature—that the the men positioned on on the the outer fringes fringes of of the the great great events events of an age age write write the the most most and and the the outer of an most most interestingly interestingly about about them, them, and and the the men men at at their their center center almost almost nothing at least since since the the Renaissance Renaissance it it has has been the rule rule nothing at all. all. OOrr atat least been the that that the the modernist modernist and and secular secular philosophers philosophers of of change change have have left left us us aa record of of their their speculations speculations upon upon happenings happenings with which they they had record with which had very Letters, tracts, furnished them very little little to to do. do. Letters, tracts, and and pamphlets pamphlets have have furnished them with an outlet outlet which the public world of of action action did did not not provide. provide. Yet Yet with an which the public world thanks kidney, they thanks to to the the scholars, scholars, usually usually men men of of their their own own kidney, they have have had aa final final victory victory through through interpretation, victory which which stands stands had interpretation, aa victory between us us and and the the actual actual deeds deeds of of more more moderate moderate and and less less in­ inbetween genious men. genious men. reasonable to to claim claim that that Patrick Patrick Henry Henry was was the the ItIt isis reasonable characteristic American American spokesman spokesman during during the the Revolution, Revolution, the the characteristic epitome of young man epitome of Whig Whig sentiment sentiment in in that that era. era. As As aa young man he he first first threw down the gauntlet of of constitutional constitutional challenge challenge in in the the threw down the gauntlet celebrated Parson’s Parson’s Cause Cause (1763). (1763). His His Stamp Stamp Act Act Resolves Resolves (1765) (1765) celebrated energized American American resistance resistance to to usurpation usurpation in in the the thirteen thirteen energized colonies and led led to to the the inter-colonial communication and and co­ cocolonies and inter-colonial communication operation issued finally finally in in the the Continental Continental Congress. Congress. And And operation which which issued before the Second Virginia Convention Convention of of 1775, 1775, he he drew his counbefore the Second Virginia drew his coun­ trymen after him to face up to the logic of their situation and trymen after him to face up to the logic of their situation and prepare for war. war. prepare for After that that peroration, peroration, for for liberty liberty or or death, death, and and after after its its general general After acceptance, not not only only by by those those present present in in St. John’s Church Church but but by by aa acceptance, St.John’s plurality determined to plurality of of all all Americans Americans determined to resist resist the the imposition imposition of of the the royal prerogative prerogative through through force, force, the the Declaration Declaration of of Independence royal Independence 98 98

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was was anti-climactic. anti-climactic. Yet Yet even even in in that that development, development, Henry Henry played played aa major in major role. role. For For the the document document which which young young Jefferson Jefferson composed composed in Philadelphia, Philadelphia, effacing effacing himself himself and and speaking speaking for for representatives representatives of of the there assembled, the Commonwealths Commonwealths there assembled, had had behind behind itit the the instruc­ instructions tions of of the the various various colonial colonial legislatures: legislatures: particularly particularly the the instruc­ instructions tions of of the the Virginia Virginia Assembly Assembly drawn drawn in in the the late late spring spring of of 1776 1776 by by or influence of or under under the the influence of their their chief chief of of men. men. II quote quote here here the the precise precise language language of of that that instrument instrument in in the the draft draft of of Patrick Patrick Henry: Henry: As the petitions of of the Continental Congress have been been rejected rejected and and As the humble humble petitions the Continental Congress have treated with with contempt; parliament of treated contempt; as as the the parliament of G.B. G.B. so so far far from from showing showing any any disposi­ disposition to redress redress our our grievances, have lately lately passed an act act approving approving of of the the ravages ravages tion to grievances, have passed an that that have have been been committed committed upon upon our our coasts, coasts, and and obliging obliging the the unhappy unhappy men men who who shall be be made made captives to bear bear arms against their families, kindred, kindred, friends, friends, and and shall captives to arms against their families, country; themselves, to country; and and after after being being plundered plundered themselves, to become become accomplices accomplices in in plundering their brethren, aa compulsion compulsion not not practiced practiced among among prisoners of war war ex­ explundering their brethren, prisoners of cept among among pirates, pirates, the the outlaws outlaws and and enemies enemies of of human human society. society. As As they are not not cept they are only us, which the internal only making making every every preparation preparation to to crush crush us, which the internal strength strength of of the the na­ nation and and its its alliances alliances with with foreign foreign powers afford them, are using using every every art art to to tion powers afford them, but but are draw draw the the savage savage Indians Indians upon upon our our frontiers, frontiers, and and are are even even encouraging encouraging insurrec­ insurrection among among our our slaves, slaves, many many of of whom whom are are now now actually actually in against us. us. And And as as tion in arms arms against the oppressive acts himself the tyrant the King King of of G.B. G.B. by by aa long long series series of of oppressive acts has has proved proved himself the tyrant instead protector of people. We, the Colony instead of of the the protector of his his people. We, the the representatives representatives of of the Colony of of Virginia do declare, Virginia do declare, that that we we hold hold ourselves ourselves absolved absolved of of our our allegiance allegiance to to the the Crown Crown of of G.B. G.B. and and obliged obliged by by the the eternal eternal laws laws of of self-preservation self-preservation to to pursue pursue such such measures as good and measures as may may conduce conduce to to the the good and happiness happiness of of the the united united colonies; colonies; and and as as aa full be the full declaration declaration of of Independency Independency appears appears to to us us to to be the only only honourable honourable means means under under Heaven Heaven of of obtaining obtaining that that happiness, happiness, and and of of restoring restoring us us again again to to aa tranquil tranquil and situation; and prosperous prosperous situation; Resolved, Resolved, That That our our delegates delegates in in Congress, Congress, be be enjoined enjoined inin the the strongest strongest and and most most positive immediate, clear positive manner manner to to exert exert their their ability ability in in procuring procuring an an immediate, clear and and full full Declaration of of Independency.1 Independency.' Declaration

The The changes changes made made by by Edmund Edmund Pendleton Pendleton and and certain certain other other delegates in in the the resolution conveyed to to Philadelphia Philadelphia are are not not signifi­ signifidelegates resolution conveyed cant. in that summer, no Whig would cant. And And in that summer, no Virginia Virginia Whig would presume presume to to contradict or rewrite something contradict such such instructions instructions or rewrite them them to to mean mean something contrary to to what their author author intended. intended. contrary what their Thus write Thus Patrick Patrick Henry Henry made made aa revolution, revolution, though though he he did did not not write about one. one. And And we we would be generally generally at at aa loss loss to to know know what what he inabout would be he in­ tended through through that that making, making, except except for for the preserved recollections recollections tended the preserved of few documents: of his his contemporaries contemporaries and and aa very very few documents: that that is, is, had had he he not not been drawn in debates over the federal Constitution (1788) been drawn in debates over the federal Constitution (1788) to to 99 99

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reconsider those designs reconsider those designs and and purposes purposes in in public, public, with with aa stenographer at hand. stenographer at hand. In In my my opinion, opinion, there there are are few few instruments instruments more valuable valuable to to the the student of our our national national beginnings beginnings than than more student of Volume III of Jonathan Elliot’s Elliot’s The The Debates Debates in in the the Several Several State State Conven­ ConvenVolume III of Jonathan tions tions on on the the Adoption Adoption of of the the Federal Federal Constitution.2 Constitution.’ It It is, is, of of course, course, true true that that Henry stood stood in in opposition opposition to to adoption adoption in in Virginia. Virginia. But But it it is is Henry noteworthy no Federalist perfor­ noteworthy that that no Federalist opponent opponent of of his his masterful masterful performance history from mance disputes disputes his his interpretation interpretation of of the the history from which which he he argues. Nor Nor do do they they deny deny him him when when he he advances advances the the prospect prospect of of argues. certain certain innovations innovations in in the the American American system system as as hostile hostile to to and and violations the Revolutionary violations of of the Revolutionary model. model. It It is is rather rather their their point point that that the Constitution Constitution will be aa means means for for preserving preserving and and perfecting perfecting aa the will be generally agreed upon heritage. heritage. generally agreed upon The The Henry Henry who who was was a a better better prophet prophet than than his his antagonists antagonists is is once once again again the the subject subject of of another another essay. essay. It It is is sufficient sufficient for for our our pre­ present he said said aa great about the sent purposes purposes that that he great deal deal about the Revolution Revolution in in those those heated heated Richmond Richmond debates, debates, about about its its significance significance for for the the men men who brought brought itit to to completion—many of whom whom were were present; that who completion—many of present; that they be unexceptionable; they found found his his remarks remarks to to be unexceptionable; and and that, that, together together with the the aforementioned recollections and and occasional occasional documents, with aforementioned recollections documents, they available the they make make available the original original American American precedent—a precedent—a precedent precedent from which presently diverge diverge at at our our great great peril. peril. from which we we presently What counts most What counts most about about Henry’s Henry’s teaching teaching in in those those Richmond Richmond orations is is that that it it discourages discourages in in our our generation generation all to sub­ suborations all attempts attempts to sume sume the the American American struggle struggle for for independence independence under under the the general general category of of ““revolutions of dogma dogma and abstract theory” theory” category revolutions of and abstract —revolutions such such as as have have convulsed convulsed the the Old Old World World periodically periodically —revolutions since the the decade decade of of our our own own achievem achievement of political political since ent of identity. According Judge Spencer identity. According to to his his son-in-law, son-in-law, the the eloquent eloquent Judge Spencer Roane, the mature Henry Henry ““detested the projects projects of of theorists and Roane, the mature detested the theorists and bookworms. His His prejudices prejudices against against statesmen statesmen of of this this character character bookworms. were very strong.”3 strong.’” And And these these wise wise prejudices prejudices did did suffer suffer from conwere very from con­ siderable provocation during during his his thirty-five thirty-five year year experience experience of of every every siderable provocation sort American politician, politician, but but more, more, at the end end of of his his life, life, from from sort ofof American at the 100 100

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over did not not think well of over the the seas. seas. Patrick Patrick Henry Henry did think well of the the rebellion rebellion they they made in France. He wrote a friend of our original ally that “her made in France. He wrote a friend of our original ally that “her conduct has made the interest of the the great great family family of of mankind mankind to to conduct has made itit the interest of

wish the the downfall her present present government.” government.” In In fact, fact, he he thought thought wish downfall ofof her So so ill ill of of it it that that to to oppose oppose the the spread spread of of such such influence influence on on these these shores shores he made made common common cause cause with with his his old old enemies, enemies, the the Federalists. Federalists. If If he “everything ought to ‘everything that that ought to be be dear dear to to man man is is covertly covertly but but successful­ successfully assailed assailed .. .. .. under under the the patronage patronage of of French French manners manners and and prin­ prinly ciples ciples [and] [and] under under the the name name of of philosophy,” philosophy,” what what could could an an Old Old Whig constitutionalist do do but but disapprove?4 disapprove?‘ Whig constitutionalist In recommending recommending corrections corrections in in the the Federal Federal Constitution Constitution of of In 1787, Governor Henry, Henry, speaking speaking for for the the Virginia Virginia legislature, legislature, offered offered 1787, Governor counsel “not in speculative counsel ‘‘not founded founded in speculative theory theory but but deduced deduced from from prin­ principles which which have have been been established established by by the the melancholy melancholy example example of of ciples other nations, nations, in in different different ages.”5 ages.””> And And even even in the most most “radical” ‘‘radical”’ other in the performance career hehe declared, by performance of of his his career declared, ““II have have but but one one lamp lamp by which my feet that isis the In which my feet are are guided; guided; and and that the lamp lamp of of experience.”6 experience.’” In mixing the the argument from consequences consequences with the appeal appeal ad ad verecunmixing argument from with the verecundium (from far removed strict dium (from tradition), tradition), Henry Henry is is far removed from from the the school school of of strict reason, from the world of the philosophe , but at the same time, at reason, from the world of the phzlosophe, but at the same time, at the the very very heart heart of of the the original original American American political political tradition. tradition. Stated commitment to Stated briefly, briefly, this this commitment to historic historic rights, rights, inherited inherited rights available available at at law and passed passed on on in in aa historic historic continuum continuum rights law and (organic (organic compact), compact), as as property property is is passed passed from from father father to to child, child, iden­ identifies of the tifies Henry Henry as as an an American American subspecies subspecies of the English English “country “country Whig”. conventional language Whig’’. True True enough, enough, he he did did employ employ the the conventional language of of contract theory natural contract theory and and make make an an occasional occasional bow bow toward toward “‘natural rights”. But of man rights”. But that that the the fundamental fundamental and and indefeasible indefeasible rights rights of man could be negotiation could be even even partially partially achieved achieved outside outside the the complex complex negotiation that is is the the common common fortune fortune of of aa given given people people located located in in aa given that given place over over aa number number of of generations generations did did not not occur occur to to him him as as a a serious serious place possibility. Nor did possibility. Nor did he he by by “equal “equal liberty” liberty” mean mean anything anything like like what what natural rights theory assumes: the natural rights theory assumes: anything anything more more elaborate elaborate than than the necessity for self-defense and self-preservation. For For Henry’s Henry’s “liber­ “‘libernecessity for self-defense and self-preservation.

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ty” allowed ty” allowed him him to to propose propose on on the the eve eve of of his his fourth fourth term term as as governor governor the support aa pluralistic pluralistic religious religious establishment establishment for for the support through through law law

and taxation of and taxation of Virginia’s Virginia’s principal principal denominations.7 denominations.’ And, when the high-toned Edmund Randolph during the And, when the high-toned Edmund Randolph during the ratification debates debates spoke spoke of of the the “‘‘short work” made made of of the the ratification short work” bushwhacker as proof bushwhacker Josiah Josiah Philips Philips by by his his upcountry upcountry neighbors neighbors as proof that aa federal federal power power was was needed needed to to secure secure equal equal rights, rights, Henry that Henry replied scornfully scornfully that that his his friends friends understood understood their their business replied business better better than than any any uniformitarian uniformitarian jurisprudence jurisprudence and and “beautiful “beautiful legal legal ceremony” could could guarantee 140). As As we we know, know, ““Fair ceremony” guarantee (Elliot, (Elliot, p.p. 140). Fair liberty”’ was all his cry. And of government he declared that the liberty” was all his cry. And of government he declared that the ““security security ofof liberty be its liberty should should be its direct direct and and only only end” end” (Elliot, (Elliot, p. p. 45). By By these these injunctions injunctions he he signified signified nothing nothing more more complicated complicated 45). than see his than aa desire desire to to see his countrymen countrymen free free to to be be themselves themselves and and to to generate their own ex­ generate their own own culture, culture, out out of of the the dialectic dialectic of of their their own experience according according to to what what he he called called their their “genius”. “genius”. And And by by that that perience last word—“genius”—he word—‘‘genius’”—he specified specified an an assumption, assumption, or or set set of of last assumptions, around around which which we we may may reconstruct reconstruct his his view of what what assumptions, view of the Revolution Revolution was was all about. the all about. Each Each nation nation has has its its own own genius.8 genius.® And And history history is is the the touchstone touchstone of any any systematic systematic effort effort toward toward its identification. In In the the Richmond Richmond of its identification. debates debates Henry Henry spoke spoke from from little little else else but but history—particularly history—particularly from from the British British and and the English colonial record of of which which our our new new the the English colonial record republic in his republic was was to to be, be, in his understanding, understanding, aa consummation. consummation. Con­ Consider the the following following language language and and ask ask yourself, yourself, ““‘Can be otherwise otherwise sider Can itit be construed?” construed?” When the the American American spirit spirit was in its youth, the the language language of of America America was was When was in its youth, different: liberty, liberty, sir, was then the primary primary object. object. We We are are descended descended different: sir, was then the from aa people people whose whose government government was founded on liberty: our our glorious glorious from was founded on liberty: forefathers of Britain made made liberty liberty the the foundation foundation of of every thing. forefathers of Great Great Britain every thing. That country isis become That country become aa great, great, mighty, mighty, and and splendid splendid nation: nation: not not because their their government government is is strong strong and and energetic, energetic, but, but, sir, sir, because because liber­ liberbecause ty direct end ty is is its its direct end and and foundation. foundation. We We drew drew the the spirit spirit of of liberty liberty from from our our British British ancestors: ancestors: by by that that spirit spirit we we have have triumphed triumphed over over every every dif­ difficulty.(Elliot, pp. 53-54). 53-54). ficulty . (Elliot, pp.

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We from our We entertained, entertained, from our earliest earliest infancy, infancy, the the most most sincere sincere regard regard and and reverence for for the the mother mother country. country. Our Our partiality partiality extended to aa predilec­ predilecreverence extended to tion for for her her customs, customs, habits, habits, manners, manners, and and laws. p. 162) 162) tion laws. (Elliot, (Elliot, p. From that have we From that noble noble source source have we derived derived our our liberty: liberty: that that spirit spirit of of patriotic attachment attachment to to one’s country, that that zeal zeal for for liberty, liberty, and and that that enpatriotic one’s country, en­ mity signalized the the then mity to to tyranny, tyranny, which which signalized then champions champions of of liberty liberty we we in­ inherit from our herit from our British British ancestors. ancestors. And And II am am free free to to own own that, that, if if you you cannot cannot love love aa republican republican government, government, you you may may love love the the British British monarchy; monarchy; for, for, although the the king king is is not not sufficiently sufficiently responsible, responsible, the the responsibility responsibility of of his his although agents, British Constitution, agents, and and the the efficient efficient checks checks interposed interposed by by the the British Constitution, render oppressive tyrannical render it it less less dangerous dangerous than than other other monarchies, monarchies, or or oppressive tyrannical aristocracies. (Elliot, (Elliot, pp. pp. 165-166). 165-166). aristocracies.

Against the Against the new new and and insufficiently insufficiently prescriptive prescriptive Constitution Constitution he he ad­ advanced over and over again, again, with with the the English English precedent precedent in in hand. hand. vanced over and over

“How individual rights, rights, and ‘““How are are the the state state rights, rights, individual and national national rights, rights, secured? Not Not as as in in England: England; for for the the authority authority quoted quoted from from secured? Blackstone Blackstone would, would, if if stated stated right right prove, prove, in in aa thousand thousand instances, instances, that the king king of England attempted attempted to to take take away away the rights of inthat ifif the of England the rights of in­ dividuals, against him. dividuals, the the law law would would stand stand against him. The The acts acts of of Parliament Parliament would stand in in his his way. way. The The bill bill and declaration of of rights rights would would be be would stand and declaration against by the against him. him. The The common common law law is is fortified fortified by the bill bill of of rights.” rights.” (Elliot, objections in (Elliot, p. p. 513) 513) Finally, Finally, he he summarized summarized these these objections in one one sentence. sentence. Of Of the the Philadelphia Philadelphia instrument, instrument, he he maintained, maintained, “There ‘‘There is is not an not an English English feature feature in in it.” it.” (Elliot, (Elliot, p. p. 170) 170) We reminded of We are are reminded of the the language language employed employed by by Edmund Edmund Burke Burke in his “Speech on Conciliation with America*” (1775) to describe in his ‘““Speech on Conciliation with America” (1775) to describe his his kinsmen kinsmen over over the the sea: sea: “The ‘“The temper temper and and character character which which prevail prevail in our colonies in our colonies are, are, II am am afraid, afraid, unalterable unalterable by by any any human human art. art. We We cannot, fear, falsify falsify the the Pedigree Pedigree of of this this fierce fierce people, people, and and per­ percannot, II fear, suade sprung from in whose suade them them that that they they are are not not sprung from aa nation nation in whose veins veins the would the blood blood of of freedom freedom circulates. circulates. The The language language in in which which they they-would hear you hear you tell tell them them this this tale tale would would detect detect the the disposition; disposition; your your speech would speech would betray betray you.”9 you.’” The The affinity affinity in in perspective perspective on on aa com­ common inheritance linking linking these these two two statesmen statesmen brings brings me me to to the the crux crux mon inheritance of my my argument concerning Henry Henry on on revolution. revolution. of argument concerning 103 103

AA Better Better Guide Guide Than Than Reason Reason Seen in in this this light, light, what what happened happened. in in the the thirteen thirteen North North Seen American colonies colonies between between 1774 1774 and and 1782 1782 was was not not so so much American much aa revolution revolution as as aa counterrevolution: counterrevolution: aa struggle struggle by by the the colonials colonials to to preserve aa regime regime both both extant extant and and well well affirmed affirmed from from threats threats to to its its preserve felicity total British felicity issuing issuing from from other other components components of of the the total British polity. polity. Like the the architects architects of of 1787, 1787, who who would would have have (according to an an ap­ apLike (according to parent parent majority majority of of Americans) Americans) established established aa government government not not check­ checked by the necessary necessary and and specific specific restrictions its coercive powers, ed by the restrictions onon its coercive powers, was George George III, III, his his ministers, ministers, and and their their supporters supporters who who were were itit was guilty of of aa “radical” “‘radical”’ usurpation usurpation against against the the rule rule of of interdependence interdependence guilty for the the common common good good (Elliot, (Elliot, p.p. 44). 44). Once Once the the prospect of military military for prospect of force in in implementing implementing these these doctrines doctrines became became an an ingredient ingredient in in this this force confrontation, war war was was bound bound to to come. come. For For once once the the sword sword is is confrontation, drawn, nothing can drawn, nothing can answer answer but but the the sword, sword, or or so so says says honor—hence honor—hence the language language in in Virginia’s Virginia’s 1776 1776 instructions instructions to to the the Continental the Continental Congress, the the language language of of Henry Henry quoted quoted above; and hence hence the the Congress, above; and Declaration Declaration of of Independence Independence itself itself which, which, as as we we are are so so often often urged urged to to forget, forget, should should be be read read in in the the light light of of such such representative representative Whig Whig ex­ expressions opinion. Men, pressions of of opinion. Men, in in their their composite composite character character as as collec­ collectivities, have have inalienable inalienable rights rights to to observe observe the the ““‘eternal law”’ of of selfselftivities, eternal law” preservation, to to protect protect life, life, property, property, and and hope hope of of aa future. future. One One preservation, people has has the the right right to to expect expect this this of of government government as as much much as as people another—in that sense, sense, are another—in that are equal equal to to them. them. And And certainly, certainly, one one group group of Englishmen Englishmen expects expects as much as as any any other other Englishmen. Englishmen. of as much But compulsion compulsion aside, precisely are the English English But aside, how how precisely are the authorities to bebe taken authorities to taken as as usurpers usurpers against against law, law, usage, usage, and and custom? custom? And how how shall shall rebellion rebellion take take on on the the sanction sanction of of preservation? preservation? For, For, And in light and in Henry’s Henry’s view, view, as as in in the the Declaration, Declaration, ““‘light and transient transient causes” causes” will not not serve; serve; revolt revolt is is not not an in itself.10 itself.'® First First of of all, all, as part of of aa will an end end in as part sequence developments in evolution of English Constitu­ sequence of of developments in the the evolution of the the English Constitution, 1628 Petition and tion, beginning beginning with with the the 1628 Petition of of Right Right and, and, after after royal royal and parliamentary excesses, excesses, brought brought to to aa partial partial settlement settlement in in the the 1689 1689 parliamentary Bill of Americans discovered, Bill of Rights Rights (Elliot, (Elliot, pp. pp. 316-337). 316-337). Yet, Yet, as as Americans discovered, aa further step toward the sovereignty further step toward community community under under the sovereignty of of law law (charters, statutes, and unwritten unwritten prescription—all prescription—all determining (charters, statutes, and determining

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The Example The Example of of Patrick Patrick Henry Henry stations and and roles) roles) was was required. required. As As aa young young lawyer, lawyer, Henry Henry had had stations foreseen foreseen this this exigency. exigency. For For in in the the Parson’s Parson’s Cause Cause he he had had argued, argued, “A king king by by annulling annulling or or disallowing disallowing laws laws of of this this salutary salutary nature, nature, “A from being being the father of of his people degenerates degenerates into into aa tyrant tyrant and and from the father his people forfeits all all right right to his subject’s subject’s obedience.’”" forfeits to his obedience.”11 American colonials had developed developed their their government government within within the the American colonials had legal context context of of the the established established English English political political forms, forms, minus minus a atitllegal titl­ ed religious hierarchy. ed nobility nobility and and aa full full religious hierarchy. Remove Remove also also an an offend­ offending king king and and only only the the prescriptive prescriptive law law remains. remains. But But (since (since another ing another executive will be be provided, provided, and and judges judges for for their their support) support) with with ad­ adexecutive will ditional writing writing down, down, add add specificity specificity to to forestall forestall those those old old enemies, enemies, ditional inference obvious in­ inference and and construction. construction. And And ban ban the the more more obvious infringements of under the “expansions of fringements of flat, fiat, called called under the crown crown “expansions of the the prerogative.” prerogative.’’ However, However, if if executive executive authority, authority, representatives, representatives, and and people are, are, in in all all their their roles roles and and stations, stations, determined determined by by aa clear clear and and people limited set of agreements to love limited set of agreements and and laws; laws; and and if if they they come come to love that that bond, may then virtue (qua bond, their their genius genius may then flourish flourish and and their their virtue (gua public public spirit, sense of spirit, reinforced reinforced by by aa sense of joint joint investment) investment) be be expected expected to to grow. To To how should be grow. how these these improvements improvements should be drawn drawn history history was was once meditation. In once again again the the key, key, experience experience followed followed by by meditation. In itit good good citizens might might find find “the “the voice tradition” (Elliot, (Elliot, p. p. 56). 56). Henry Henry citizens voice ofof tradition” was free was always always proud proud of of his his part part in in keeping keeping the the common common law law in in a a free Virginia, of the heritage itit made of Virginia, proud proud of the heritage made manifest, manifest, and and also also proud proud of his part in from the his part in abstracting abstracting from the political political system system which which antedated antedated that its fruitful that freedom freedom all all prospect prospect of of future future obstructions obstructions to to its fruitful opera­ operation His constant release what tion (Elliot, (Elliot, p. p. 446). 446). His constant aim aim was was to to release what he, he, as as aa very very social social man, man, knew knew better better than than any any of of his his contemporaries—that contemporaries—that “genius” of “genius” of this this shore, shore, this this commonwealth, commonwealth, of of which which II spoke spoke before, before, and to which Henry’s social and to which II must must now now return return in in summarizing summarizing Henry’s social theory. theory. Genius, as as used used in in the the eighteenth eighteenth century, century, is is an an imprecise imprecise Genius, term. term. It It can can mean mean several several things, things, but but in in aa political political context context will will usually in the usually signify signify aa quality quality rooted rooted in in nature nature and and place. place. As As in the Latin Latin genus spirit ofof aa stream or wood, could not genus loci loct, , or or resident resident spirit stream or wood, it it could not be be known through its known save save through its activities. activities. And And the the genius genius of of aa people people is is 105 105

AA Better Better Guide Guide Than Than Reason Reason likewise signified. A A spare spare structure structure or or supporting supporting institutional institutional likewise signified. framework could could encourage encourage its its revelation—or revelation—or aa large large a a priori priori framework political machinery prevent that unfolding. Henry, even in 1775, political machinery prevent that unfolding. Henry, even in 1775, wanted union and and had had once once declared, declared, in the context context of of war, that wanted union in the war, that where our foreign foreign enemies enemies were were concerned concerned he he did did not not think think of of where our himself as as aa Virginian, Virginian, but but as American.’? And And he seriously wished wished himself as American.12 he seriously to see the the Articles Articles of of Confederation Confederation strengthened strengthened in in keeping keeping with with to see the genius genius of of the the entire entire country. country. the But in view, that an entity upon only But in his his view, that was was an entity which which touched touched upon only aa small small portion portion of of our our common common life; life; and and likewise likewise state state law law in in the the Old Old Dominion. Dominion. Virginia Virginia had had aa “government ‘“‘government suited suited to to the the genius genius of of her her people”—a by that that humble humble genius,” people”—a government government “‘‘formed formed by genius,”a a spirit spirit which included included the the genius genius of their ancestors. ancestors. And And its success proved proved which of their its success of those by accident, of those who who formed formed it it that that they, they, “perhaps ‘‘perhaps by accident, did did what what design could could not not do do in in other other parts parts of of the the world.” world.” It It is is only only thus thus that that design liberty, condition, is is the the end end of of official official government, government, for for by by its its liberty, aa condition, operation and aa culture operation is is genius genius released, released, and culture permitted permitted to to develop develop from its roots, roots, upward upward (Elliot, 161). from its (Elliot, p.p. 161). Henry’s antithesis of ““‘design”’ and “accident” ‘“‘accident”’ is is central to his his Henry’s antithesis of design” and central to political teaching. For design design is is what what he he perceived perceived in in the the Federalist political teaching. For Federalist model for our our United an “energetic” to model for United States, States, an ‘energetic’? plan plan framed framed to organize achievement of organize and and dragoon dragoon its its citizens citizens toward toward the the achievement of some some externally externally determined determined end. end. Further, Further, it it was was obvious obvious that that such such design design would eventuate eventuate in in the the divinization of the the state: condition where where would divinization of state: aa condition men live for for government, government, not not the the other other way way around, around, and and govern­ governmen live ment either either for for ideology ideology or or to enact some some monstrous monstrous private will. II ment to enact private will. will will not not here here take take you you through through his his particular particular objections objections to to M adison’s crafty crafty composition. Madison’s composition. It It suffices suffices to to say say that that they they were were all all directed away from an extrinsic directed toward toward liberty liberty and and away from an extrinsic telos ¢elos, , all all finally finally productive of of what what we we now now know the Bill Bill of of Rights. Rights. His His America America productive know asas the did not not exist exist to to pursue pursue certain military, economic, economic, moral, moral, or did certain military, or philosophical philosophical objectives. objectives. To To borrow borrow language language from from aa group group of of his his most articulate articulate political political descendants, he scorned scorned the the notion notion of of aa most descendants, he culture culture “poured “poured in in from from the the top,”13 top,’”” whatever whatever the the rationale. rationale. Rather, Rather,

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his social-political was what his social-political vision vision was what Michael Michael Oakeshott Oakeshott has has called called “‘“‘nomocratic”’ nomocratic” and and Eric Eric Voegelin Voegelin “compact.”14 “‘compact.’” Political manners, Political manners, divorced divorced from from any any purpose purpose outside outside of of sustaining devotees in each other, sustaining their their devotees in relation relation to to each other, would would produce produce identity by the as identity for for a@ posteriori posteriort description description by the wise: wise: grown grown identity, identity, as good tree bear good husbandry husbandry of of soil soil makes makes aa tree bear fruit, fruit, but but does does not not plumb plumb the the power, the mystery mystery of of that that tree.15 tree.'° Not Not the the glory, glory, nor nor the power, nor nor the the wealth which which the the Federalist Federalist (as had King King George) promised could could wealth (as had George) promised be the the mainspring be mainspring of of the the republic republic which which Henry Henry envisaged. envisaged. Nor Nor could it it be be the the right to live live outside outside the the societas societas which which aa quasi-Roman quasi-Roman could right to notion notion of of normative normative national national law law might might guarantee: guarantee: the the anti­ anticommunity community of of atomistic atomistic individuals individuals who who become become a a “herd” ‘‘herd”’ (a (a word word Henry despised) despised) by by overdoing overdoing their their effort effort to to be be the the opposite. opposite. What What Henry was was needed needed must must come come from from within, within, from from persons persons in in relation relation to to per­ persons, all all knowing knowing who who they they are. are. sons, should now now be be possible possible for for us us to to understand understand why why there there has has ItIt should been like aa conspiracy been something something like conspiracy of of silence silence concerning concerning the the political political theory of of Patrick Patrick Henry, Henry, its its ancient ancient antecedents, antecedents, and its obvious obvious theory and its relevance to disruptions in in American American life life today. today. Our scholars, most most relevance to disruptions Our scholars, of had aa vested of them them rationalists rationalists and and neo-Federalists, neo-Federalists, had vested interest interest in in producing producing Henry’s Henry’s present present reputation: reputation: that that he he was was aa simplesimpleminded country country politician politician turned demagogue, aa Populist Populist trimmer trimmer minded turned demagogue, whose talents talents happened happened to to serve serve his more far-sighted far-sighted contem­ contemwhose his more poraries poraries when when the the Revolutionary Revolutionary crisis crisis came. came. That That Madison Madison was was the before him—or the fellow fellow to to read, read, and and Jefferson Jefferson before him—or certain certain selected selected Boston radicals, as reprinted reprinted under under the the auspices of the the Harvard Harvard Boston radicals, as auspices of University Press. In could be University Press. In any any case, case, Henry’s Henry’s rhetoric rhetoric could be explained explained as aa product product of the shifting shifting circumstances circumstances of of his his private private life life and and as of the developments in in the the regional regional economy of the the districts districts where where developments economy of Henry’s but not Henry’s will will was was “omnipotent” ‘“‘omnipotent”’: : Henry’s Henry’s rhetoric, rhetoric, but not that that of of his political political antagonists. antagonists. To To the degree that that this this obfuscation obfuscation has his the degree has been successful and Henry Henry replaced replaced in in the the center center of of our our bicenten­ bicentenbeen successful and nial some way nial attentions attentions by by more more speculative speculative politicians politicians who who in in some way augur dispensation of we have augur the the present present dispensation of things, things, to to that that extent extent we have 107 107

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been deprived deprived of been of the the political political paradigm paradigm which which the the occasion occasion requires requires

us to to seek. seek. us We was made We should should not not feel feel free free to to forget forget that that the the Revolution Revolution was made against against power, power, uninformed uninformed of of the the conditions conditions which which it it administered administered and untouched untouched by by the the consequences consequences of of that that remote remote administration, administration, and particularly in view power since. since. Nor particularly in view of of what what we we have have learned learned of of power Nor should we we ignore ignore the the evidence evidence that that there there was was aa republicanism should republicanism abroad abroad in in the the land land which which owed owed more more to to Lord Lord Coke Coke and and Roman Roman history Mr. Locke. history than than to to Mr. Locke. Henry’s Henry’s politics politics as as here here reconstructed reconstructed will, II hope, hope, help help prevent prevent such such mistakes. mistakes. will, But piety and But to to practice practice aa more more complete complete piety and to to make make the the prece­ precedent here considered into a living force, more than theoretical dent here considered into a living force, more than theoretical study study required. The The best way to to know know from from the the inside inside the the kind kind of of isis required. best way America Patrick Patrick Henry Henry hoped hoped to to leave intact is is to plunge sub­ subAmerica leave usus intact to plunge missively missively into into state state and and county county histories, histories, reminiscences, reminiscences, and and letters—into the the bygone bygone world world of country and village and and town town as as letters—into of country and village managed by by ordinary ordinary citizens citizens according according to to the the mos mos majorum majorum and and managed their their own own particular particular lights. lights. From From such such studies studies and and from from the the evidence of of American American literature, literature, as as opposed opposed to to the more conven­ convenevidence the more tional tional searchings searchings after after nuance nuance and and refinement refinement in in the the record record of of political thought, thought, we can approach approach that that interior interior knowledge: knowledge: for for political we can there there is is theory theory in in the the private private history history of of free free Americans Americans living living private private- within the lyly in in communities, communities, within the ambit ambit of of family family and and friends: friends: living living un­ under of the of their der the the eye eye of of God God out out of the memory memory of their kind. kind. Theory Theory is is evi­ evident for dent for such such students students as as are are prepared prepared to to begin begin in in the the proper proper places places and and to to seek seek out out the the proper proper contemporary contemporary guides guides in in framing framing language for for the the translation translation of actions into thought—theory usually language of actions into thought—theory usually better than than the the disembodied disembodied kind. kind. better Patrick Henry, as in his Patrick Henry, as available available in in Elliot Elliot and and in his other other scattered scattered remains, when when framed framed by by the the early early history of Virginia and the the up­ upremains, history of Virginia and per For, as per South, South, is is such such aa guide. guide. For, as we we all all recognize, recognize, his his wisdom wisdom was was longest preserved in in its its place place of of origin origin and from the the perspective perspective of of longest preserved and from our day seems seems almost almost inseparable inseparable from from two two hundred hundred years years of of our day Southern Southern testimony testimony in in “opposition”. “‘opposition”’. Yet Yet it it is is not, not, nor nor was was it it ever, ever, meant for local local consumption just for for the the electors electors of of meant for consumption alone—not alone—not just 108 108

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Hanover, Hanover, Louisa, Louisa, Goochland, Goochland, Prince Prince Edward, Edward, and and the the other other coun­ coun-

ties west west of of Richmond Richmond or or on on the “‘south-side” of of the the James. James. ties the “south-side” Assuming (as (as does does my my presence presence here) here) that that Henry’s Henry’s America America of of the the Assuming Revolution Revolution has has aa lesson lesson for for us us all, all, Andrew Andrew Lytle, Lytle, in in his his recently recently published published A A Wake Wake for for the the Living Living, , has has recovered recovered its its image image in in aa con­ condensed and dramatic dramatic re-creation. re-creation. Most Most of what is is argued argued here from densed and of what here from Henry Henry is is implicit implicit in in Lytle’s Lytle’s family family chronicle, chronicle, and and especially especially the the separation of horror of separation of the the public public and and private private spheres, spheres, the the horror of aa totally totally

politicized world. Toward the the book’s book’s end, Lytle recals recals the the incident incident politicized world. Toward end, Lytle of what the of aa young young colonel colonel who who asked asked of of Robert Robert E. E. Lee Lee what the General General could history in decisions. Out could say say to to history in defense defense of of his his command command decisions. Out of of aa world view view identical with Henry’s, Henry’s, Lee Lee replied, replied, “‘II will will take take the the world identical with responsibility. ’”® responsibility.”16 The authority for such such decisions decisions comes comes only only from from the virtue of of The authority for the virtue unequal men unequally unequally accountable accountable to to God, God, respectful respectful of of the the unequal men prescription, guided guided by by manners, manners, and and free free through that combina­ combinaprescription, through that tion tion to to exercise exercise responsible responsible choice: choice: only only from from the the leader leader of of aa people people whose genius genius remains remains intact intact because because that that “jewel ‘jewel .. .. .. the the public public whose liberty” has been guarded with ‘‘jealous attention” (Elliot, p. liberty” has been guarded with “jealous attention” (Elliot, p. 45). 45). we consider consider the the example example of of Patrick Patrick Henry Henry with with such distinctions IfIf we such distinctions in some idea beginnings we in mind, mind, we we will will have have some idea of of how how far far from from our our beginnings we have come—and come—and some some idea of the the hard hard way way back. back. have idea of NOTES NOTES

WDWIAM

Norine Dickson Dickson Campbell, Henry: Patriot Patriot and and Statesman Statesman (New (New York: York: DevinDevin1.1. Norine Campbell, Patrick Patrick Henry: Adair, Adair, 1969), 1969), p. p. 206. 206. 2. Jonathan 2. Jonathan Elliot, Elliot, editor, editor, The The Debates Debates in in the the Several Several State State Conventions Conventions on on the the Adoption Adoption of of the the Federal by the Federal Constitution Constitution as as Recommended Recommended by the General General Convention Convention at at Philadelphia Philadelphia in in 1787 1787 (New (New York: York: Burt Franklin, n.d.), reprint of within the Burt Franklin, n.d.), 55 volumes. volumes. A A reprint of the the 1888 1888 edition, edition, cited cited hereafter hereafter within the text. text. Robert Douthat Douthat Meade, Meade, Patrick Patrick Henry: Henry: Practical Practical Revolutionary Revolutionary (New York: J.B. J.B. Lippin3.3. Robert (New York: Lippincott, cott, 1969), 1969), p. p. 265. 265. of. cit., cit., p. p. 407. 407. 4.4. Campbell, Campbell, op. Meade, op. cit., p. p. 377. 377. 5.. Meade, op. cit., op. cit., cit., p. p. 129. 6.. Campbell, Campbell, op. 129. 7.. Meade, op. cit., Meade, of. cit., p. p. 268. 268. 8. Henry debates with iteration. Henry uses uses the the word word throughout throughout the the debates with unmistakable unmistakable iteration. in Campbell, Campbell, op. of. cit., cit., p. p. 133. 133. 9.- Quoted Quoted in

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AA Better Reason Better Guide Guide Than Than Reason 10. Meade, Meade, op. of. cit., cit., p. p. 70. 70. Henry Henry recommended recommended against against attempting attempting to to draw Canada into into 10. draw Canada the Revolution Revolution because because he he believed believed that, that. “men “men will will never never revolt revolt against against their ancient rulers rulers the their ancient while while they they enjoy enjoy peace peace and and plenty. plenty.”” 11. in the 11. Robert Robert Douthat Douthat Meade, Meade, Patrick Patrick Henry: Henry: Patriot Patriot in the Making Making (New (New York: York: J.B. J.B. LippinLippincott, 1957), p. cott, 1957), p. 133. 133. 12. Richard Richard R. R. Beeman, Beeman, Patrick Patrick Henry: Henry: A A Biography Biography (New (New York: Hill, 1974), 1974), p. 12. York: McGraw McGraw Hill, p. 60. 60. 13. From From p. p. xvi xvi of the ““Introduction” to ΓΙΙ I'll Take Take M Myy Stand: The South South and and the the Agrarian 13. of the Introduction” to Stand: The Agrarian Tradition York: Harper Tradition (New (New York: Harper & & Brothers, Brothers, 1930) 1930) by by Twelve Twelve Southerners. Southerners. John John Crowe Crowe Ran­ Ransom, group, wrote som, speaking speaking for for the the group, wrote this this passage. passage. 14. Michael Michael Oakeshott, Oakeshott, On On Human Human Conduct (Oxford: The The Clarendon Clarendon Press, Press, 1975), 1975), pp. pp. 20120114. Conduct (Oxford: 203; Eric Eric Voegelin, Voegelin, The The New New Science Science of of Politics Politics (Chicago: (Chicago: University University of of Chicago Chicago Press, Press, 1952), 1952), 203; pp. 86-91. 86-91. pp. 15. Bickel’s The Morality of o f Consent (New Haven: Yale University Press, 15. See See Alexander Alexander Bickel’s The Morality Consent (New Haven: Yale University Press, 1975), the idea of procedure of the the Republic 1975), where where the idea of procedure as as the the identifying identifying bond bond of Republic is is instructively instructively developed. developed. 16. Andrew Andrew Lytle, Lytle, A A Wake Wake for for the the Living Living (New York: Crown Crown Publishers, Publishers, 1975), 1975), p. p. 269. 269. 16. (New York:

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NO MASTER BUT NO MASTER BUT THE THE LAW: LAW: THE LEGACY LEGACY OF OF WILLIAM WILLIAM HENRY HENRY THE DRAYTON DRAYTON There isis aa great There great disadvantage disadvantage which which comes comes from from beginning beginning aa study of our our political inheritance in the American Revolution with study of political inheritance in the American Revolution with the of natural an uncirthe contemporary contemporary view view of natural rights rights or or with with an uncircumstanced of the cumstanced and and ahistorical ahistorical reading reading of the Declaration Declaration of of Independence—the Independence—the kind kind of of reading reading which which is is aa major major source source of of modern natural rights theory. To modern natural rights theory. To understand understand what what the the Declaration Declaration signified it, to signified to to those those who who made made it, to those those who who ratified ratified its its final final version, version, and to those outside of Philadelphia who accepted the costs and to those outside of Philadelphia who accepted the costs it it was was bound American, we bound to to bring bring to to the the ordinary, ordinary, non-theoretical non-theoretical American, we should away from that Boston Boston made and beyond beyond the should look look away from the the noise noise that made and the standard group of advanced thinkers”’ thinkers” who standard group of ““advanced who have have long long dominated dominated our view of the we should our view of the times. times. Instead, Instead, we should focus focus upon upon the the slow slow and and painful stages painful stages by by which which thirteen thirteen separate separate political political communities communities backed their backed their way way into into their their own own discrete discrete commitments commitments to to civil civil war—particularly those communities war—particularly those communities which which moved moved the the whole whole dif­ difficult way way toto separation separation from from the love ficult the mother mother country country without without any any ““‘love of innovation” or “lust of independence” the of innovation” or “lust of independence”: : without without violating violating the familiar boundaries familiar boundaries of of British British constitutional constitutional theory theory or or the the historic historic and of the the Old Whig teaching and painfully painfully accumulated accumulated dicta dicta of Old Whig teaching on on the the “inherited” political Englishmen.1The most old-fashioned old-fashioned “inherited” political rights rights of of Englishmen.' The most of “ separable” revolutions the one in South of these these ‘‘separable” revolutions is is the one that that occurred occurred in South Carolina: the privileges Carolina: the colony colony whose whose citizens citizens claimed claimed only only those those privileges they could ““inherit inherit from of titles: titles: prescription, they could from the the best best of prescription, and and usage usage from m em orial.”2 InIn correcting conventional from time time im immemorial.’? correcting the the conventional 111

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anachronistic how our to anachronistic view view of of how our nation nation came came to to be, be, we we will will do do well well to begin with these Americans and then search for their counterparts begin with these Americans and then search for their counterparts in the the remainder remainder of of the country. in the country. But played out But though though the the version version of of the the American American Revolution Revolution played out in Carolina may be treated do not in South South Carolina may be treated as as aa thing thing in in itself, itself, we we do not mean to mean to to say say that that this this particular particular “rebellion” “‘rebellion”’ included included no no reaction reaction to rumors and related secessions rumors and reports reports of of related secessions occurring occurring in in Pennsylvania, Pennsylvania, New York, York, and and New New England. England. The The Committees Committees of of Correspondence New Correspondence did on the did their their job. job. What What befell befell the the inhabitants inhabitants of of the the City City on the Hill Hill signified to to the the mechanics mechanics and and merchants Charleston and and to to the the signified merchants ofof Charleston planters of in the planters of Goose Goose Creek, Creek, though though not not necessarily necessarily in the same same way. way. For of Carolina did not For one one thing, thing, the the thoughtful thoughtful citizens citizens of Carolina did not always always approve of of what what was was done by their their compatriots compatriots to to the the north. north. At approve done by At other times, they they expected expected more more from from the the Yankees Yankees than than they were other times, they were ready to to perform. perform. And And there were also also occasional occasional differences differences with with ready there were their Southern neighbors, especially especially with Georgia. But But what what really really their Southern neighbors, with Georgia. distinguished the the Carolinians Carolinians from of their their fellow fellow ex­ exdistinguished from many many of colonials was was their rationale for for withdrawal withdrawal from from the the larger larger British British colonials their rationale commonwealth: their their preference preference for for the the moderate analogy of of 1688 1688 commonwealth: moderate analogy as opposed opposed to to the Puritan prototype prototype of of 1642. 1642. The The examples examples of of law­ lawas the Puritan ful resistance resistance to to princely princely power power run run throughout throughout British British history. The ful history. The fathers of of the the Palmetto Palmetto State State required required nothing nothing more more to to justify justify their their fathers decisions. A A touchstone touchstone for for the the exposition exposition of of South South Carolina’s Carolina’s decisions. theory the “family” theory of of legal legal resignation resignation from from the ‘“‘family”’ of of George George III III is is the the apologia for for their their conduct conduct by by their their composite composite voice voice and and most arapologia most ar­ ticulate spokesman spokesman for for independence. independence. William William Henry Henry Drayton Drayton was was ticulate the first first important important Carolinian Carolinian to to call call openly openly for break. the for aa permanent permanent break. No champion champion of the Revolution in his his community community wrote wrote so so well well or No of the Revolution in or so often as did he. I propose to treat his compositions as a way into so often as did he. I propose to treat his compositions as a way into the mind mind of of that that colony colony as as itit moved moved toward toward thinking thinking of itself as as an an the of itself independent And to independent republic. republic. And to begin begin that that work work II will will attempt attempt to to frame these these writings writings in in the the full full context context of of Drayton’s Drayton’s career. career. For frame For hehe spoke always as as aa man man of of his his time time and and place, place, an an incorporated incorporated per­ perspoke always son, limited limited by by who, who, by by what what and and where where he he was. was. Rarely Rarely did did he he son, argue from argue from definition. definition. He He spoke spoke not not as as aa philosopher philosopher but but as as aa rhetor. rhetor. 112 112

The The Legacy Legacy of of William William Henry Henry Drayton Drayton Which is is precisely precisely why why he he is is so so important important to our attempt attempt at at recover­ recoverWhich to our ing the total total shape shape of our national national beginnings. beginnings. And And in in determining determining ing the of our the implications ofof such the larger larger political political implications such an an overview. overview. William Henry Drayton (Sept. (Sept. 1742 1742 -- Sept. Sept. 3,3, 1779) 1779) came came by by William Henry Drayton natural stages stages to to be be both both the the center center and and summary summary figure figure of of the the natural South Carolina Carolina revolution.3 revolution.’ In In the the exciting exciting days which led led to to in­ inSouth days which dependence he he was was one one of of the the most most popular popular men men in colony. And And dependence in the the colony. he came came to hold almost every post post of of honor honor within within the the gift gift of of his his he to hold almost every countrymen. Yet Yet Drayton Drayton had had been been born to privilege privilege and and high escountrymen. born to high es­ tate. He was the the son son of of John John Drayton, one of of the the great great planters planters of tate. He was Drayton, one of the low low country, and the the grandson grandson of of Thomas Thomas Drayton, Drayton, who who had had the country, and come from from Barbados Barbados with with Sir Sir John Yeamans in in the the days days of of early come John Yeamans early settlement. William William Henry’s Henry’s uncle uncle was was Lt. Governor William William Bull, settlement. Lt. Governor Bull, old Carolina’s leading leading citizen. citizen. As As aa youth youth he he received received the the best old Carolina’s best education at education available available in in his his day, day, both both at at Westminster Westminster School School and and at Balliol Balliol College, College, Oxford Oxford (1761 (1761 -1763). -1763). After After ten ten years years in in England, England, he returned returned home home to to marry marry and and to to assume assume his his place. He prospered prospered he place. He and built built aa great great house. house. Yet Yet he he continued continued in in his his passion for and passion for historical studies studies and and the the law, law, and and while while still still very very young young had had earn­ earnhistorical ed the the respect respect of of almost every cultured cultured man man of of his his acquaintance. ed almost every acquaintance. Yet despite subsequent record of Yet despite his his advantages advantages and and his his subsequent record of political acclaim, acclaim, Drayton Drayton was was not not always always the favorite of of his his fellow political the favorite fellow Carolinians. During During the the Stamp Stamp Act Act crisis, crisis, he he refused refused to to join join the the Carolinians. association of of persons persons pledged pledged not not to to trade trade with the mother mother coun­ counassociation with the try. And try. And he he attacked attacked this this strategy strategy of of non-violent non-violent commercial commercial resistance in the Charleston resistance in the Charleston papers. papers. Christopher Christopher Gadsden Gadsden and and other “patriots” “patriots” answered the youthful And there there were other answered the youthful loyalist. loyalist.4 And were other unpleasant unpleasant responses. responses. William William Henry Henry Drayton Drayton at at this this stage stage in in other his life life was was following following the leadership of of the the older older members of his his his the leadership members of family. But with with these these disturbances disturbances (and (and because because the family. But the situation situation troubled him), him), he he retired retired from from the the scene scene of of conflict conflict and, and, from from 1770 1770 troubled to 1772, 1772, took another trip trip to to England. England. There There he he moved moved in in the the to took another highest circles, circles, was was presented presented at at court, and observed the changing changing highest court, and observed the attitude toward toward the the North North American American colonies colonies in in the the leaders leaders of of attitude British was exposed the “friends British society. society. He He was exposed to to what what the “‘friends of of America” America”’

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were were saying, saying, both both in in Parliament Parliament and and in in print, print, and and also also to to the the plans plans of the King’s King’s government government to to tighten tighten the on his his overseas overseas of the the reins reins on possessions. But whatever Drayton possessions. But whatever Drayton heard heard and and saw, saw, it it taught taught him him that he was was not an Englishman Englishman but but aa Carolinian—a Carolinian—a colonial, colonial, who who that he not an was often out out of of place place or or ill-received in the the England England of of those years. was often ill-received in those years. And, despite despite the the influence influence of of father father and and uncle and the the family family tradi­ tradiAnd, uncle and tion of Crown, the his mind tion of service service to to the the Crown, the experience experience changed changed his mind about about the future Carolina. When the future of of South South Carolina. When he he returned returned to to Charleston, Charleston, Drayton was his neighbors, Drayton was ready ready to to play play aa role role on on the the side side of of his neighbors, should George George III III or his servants servants threaten threaten their their liberties in any any should or his liberties in serious way. way. The The challenge challenge came all too too soon. soon. serious came all On the the advice advice of of Lt. Lt. Governor Governor Bull, Bull, William William Henry Henry was was given, given, On in 1772, 1772, an an appointment appointment to to the the Council the province, province, where where he he in Council ofof the joined his his father father and and his his Uncle Uncle Thomas. Thomas. And And inin January January of of 1774, 1774, he he joined was made made an an Assistant Assistant Judge. Judge. In In both both offices offices he he was was rapidly rapidly thrown thrown was into conflict conflict with sycophants who who regarded regarded the the colonies colonies as as nothing nothing into with sycophants more than than British British “possessions”, “possessions”, in that term term’s’s narrowest narrowest sense: sense: more in that encountered the the attitudes attitudes sounded sounded so so often often by by the the “‘‘King’s friends” encountered King’s friends” in Parliament Parliament during during these these times times of of dispute. dispute. Shortly Shortly thereafter thereafter he he in began to to take in the the formation formation of of aa second second or or “unofficial” “unofficial” began take aa part part in government: in in the the meetings which dispatched dispatched delegates delegates to to aa new new government: meetings which Continental Congress, Congress, authorized authorized aa General General Committee, Committee, and and called called Continental for the the convening new Provincial Provincial Congress Congress to to replace the old old for convening ofof aa new replace the (and Commons House (and paralyzed) paralyzed) Commons House of of Assembly. Assembly. At At this this time time Drayton contributed contributed his his first important pamphlet pamphlet to to the the developDrayton first important develop­ ment of of an an American American position position on colonial rights the British ment on colonial rights under under the British Constitution, Freeman of Constitution, his his memorable memorable A A Letter Letter from from Freeman of South-Carolina South-Carolina, , patterned after the of Right patterned after the 1628 1628 Petition Petition of Right brought brought up up against against Charles by the common lawyers.5 King’s Charles II by the great great common lawyers.> And And from from the the King’s Bench, before the grand grand juries juries of of Camden Camden and and Cheraws, Cheraws, he Bench, before the he delivered the first first of of his his famous famous “charges” “‘charges”’ or or readings readings of of the the law law for for delivered the the general general edification edification of of his his countrymen countrymen in in the the nature nature and and source source the of their their rights.6 rights.‘ Soon Soon thereafter thereafter he he was was removed from both both the the of removed from King’s Bench King’s Bench and and the the Governor’s Governor’s Council. Council. But But he he had had found found the the persona to employ persona which which he he was was to employ throughout throughout the the remainder remainder of of his his 114 114

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brief brief career. career. For For aa remarkably remarkably homogenous, homogenous, traditional, traditional, but but un­ unselfconscious society, his role was to be that of Law Speaker.’ And selfconscious society, his role was to be that of Law Speaker.7 And through that that role role he reinforced its its unity in and and by by aa notion notion of of the the through he reinforced unity in prescriptive English English Constitution: Constitution: an an authority authority long long recognized recognized in prescriptive in South South Carolina, Carolina, operating operating on on these these Englishmen Englishmen living living overseas overseas as as their true true “sovereign”. “‘sovereign’’. As As he he told told the the gentlemen gentlemen jurors jurors of of Camden, Camden, their he “‘“‘knew no master master but but the the law” law” and and was was “a “‘a servant servant not not to to the the he knew no King, King, but but to to the the Constitution.”8 Constitution.’”* Even Even though though it it brought brought him him through Drayton never through and and beyond beyond revolution, revolution, Drayton never really really departed departed from this this posture. posture. With With sanction sanction from from the the antecedent antecedent colonial colonial from arrangement, from from aa generally generally recognized recognized and and rarely rarely questioned questioned arrangement, concept of Carolina’s Carolina’s political political identity identity (but (but not not from from generalization generalization concept of about the about the nature nature of of man), man), aa new new law law might might be be made. made. Though Though not not really new—only restored. restored. By By persisting persisting in in this this vein, vein, William William really new—only Henry Drayton authority over Carolina’s political Henry Drayton developed developed an an authority over Carolina’s political thinking unm unmatched by the the Pinkneys, by John Rutledge, thinking atched by Pinkneys, by John Rutledge, Christopher Gadsden, Henry any of Christopher Gadsden, Henry Laurens, Laurens, or or any of the the other other great great men who her people in this period of major ordeal. men who led led her people in this the the period of their their first first major ordeal. The Provincial Provincial Congress Congress elected elected in in January, 1775, appointed appointed aa The January, 1775, special special committee committee to to govern govern when when it it was was not not in in session. session. And And also also aa Council Council of of Safety, Safety, which which made made plans plans for for social social control control and and for for arm­ armed resistance any British rule by Drayton was ed resistance to to any British attempt attempt to to rule by force. force. Drayton was aa figure in was called the newly figure in both. both. He He was called upon upon to to “greet” ‘‘greet”’ the newly appointed appointed royal governor, governor, Lord Lord William William Campbell: to instruct instruct him, him, politely, politely, royal Campbell: to regarding regarding the the limitations limitations he he would would face. face. And And during during the the late late summer, Drayton dispatched as summer, Drayton was was dispatched as aa commissioner commissioner to to tour tour the the back country country and and explain explain there, there, in in legal legal terms, terms, the the deterioration deterioration of of back the with the Atlantic. the province’s province’s relations relations with the imperial imperial power power across across the the Atlantic. Later, he he treated treated with with the the Cherokee. And finally, finally, in in November November of of Later, Cherokee. And 1775, he he was was elected elected President of the the Provincial Provincial Congress, Congress, where where he he 1775, President of presided over over the the drafting drafting of of aa new new constitution constitution to to replace replace South South presided Carolina’s royal royal charter: charter: the the first instrument for for independent independent Carolina’s first instrument government written written in in North North America—made America—made to to preserve preserve “the ‘‘the government common and to Englishmen.”9 Englishmen.’” In In this this common and unalienable unalienable rights rights peculiar peculiar to office Drayton authorized of hostilities office Drayton authorized the the commencement commencement of hostilities with with 115 115

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British for aa naval British warships; warships; directed directed preparations preparations for naval defense defense of of the the Carolina strained Carolina coast; coast; and, and, on on February February 6, 6, 1776, 1776, broke broke the the strained silence and became that itit silence and became the the first first man man in in the the province province to to suggest suggest that should declare itself a free commonwealth.” should declare itself a free commonwealth.10 The final final confirmation confirmation of of Drayton’s Drayton’s special special status status as as aa living living The embodiment South Carolina embodiment of of aa South Carolina which which defined defined itself itself in in terms terms of of aa specific legal he was specific legal inheritance inheritance came came when, when, on on March March 26 26 of of 1776, 1776, he was elected by by the the General General Assembly Assembly created created under under the the new new constitu­ constituelected tion to post until tion to be be Chief Chief Justice Justice of of the the state. state. He He held held that that post until his his un­ untimely death. From From itit he he delivered delivered two two additional additional grand grand jury jury timely death. charges, issued in in April April and and October October of of the the year year of of his his appoint­ appointcharges, issued ment. These, along along with with his his earlier earlier charge charge as as aa judge judge under under the the ment. These, royal government government and and his his 1774 to the the Continental Continental royal 1774 petition petition to Congress, constitute the major Congress, constitute the major portion portion of of his his literary literary achievement. achievement. And memorable And II will will turn turn to to these these works works shortly. shortly. Yet Yet beyond beyond these these memorable compositions, there still further years compositions, there were were still further labors labors in in the the three three years remaining. remaining. William William Henry Henry Drayton Drayton went went on on missions missions to to North North Carolina and and Georgia, Georgia, acting acting for for John John Rutledge, Rutledge, the the first first president president Carolina under constitution.11 He under the the new new constitution.'' He struggled struggled to to develop develop aa navy navy for for South 1778, he as South Carolina. Carolina. And And in in March March of of 1778, he was was elected elected to to serve serve as South South Carolina’s Carolina’s delegate delegate to to the the Continental Continental Congress. Congress. In In that that assembly assembly he he continued continued to to bespeak bespeak the the political political philosophy philosophy he he had had developed people, delighted developed among among his his own own people, delighted to to recommend recommend itit on on aa larger, “‘‘national”’ stage. And participated in in the the debates debates conlarger, national” stage. And also also participated con­ cerning the the proposed proposed Articles Articles of of Confederation. Confederation. He He brought brought his his un­ uncerning easiness regarding regarding this this instrument instrument and and the the problems problems involved involved in in easiness forming aa federal federal union union of of the the thirteen thirteen infant infant republics republics back back to to forming Charleston gave there, Charleston and and gave there, to to the the legislature, legislature, aa thoughtful thoughtful address address prophetic of of future future conflicts conflicts with with their compatriots in in the the North. North. prophetic their compatriots South Drayton to South Carolina Carolina ratified ratified the the Articles. Articles. Yet Yet it it also also returned returned Drayton to the Congress, where the Congress, where he he was was recognized recognized as as the the spokesman spokesman of of his his state. There, in the the midst midst of of aa great great variety variety of business, Drayton Drayton state. There, in of business, died of aa sudden sudden attack attack of of typhus. typhus. For For the the close close student student of of died of American American historiography, historiography, it it is is most most noteworthy noteworthy that, that, since since the the day day of his his death, death, there there has has been been no no serious serious study study of of this Southern of this Southern 116 116

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statesman’s thought. thought. And And no To that statesman’s no edition edition of of his his works. works. To that un­ unjustifiable may properly ourselves. justifiable omission omission we we now now may properly address address ourselves. The fulcrum fulcrum of Drayton’s political political teaching teaching was, was, as said The of Drayton’s as II said above, his his view view of of the justification for for the the removal removal of of the the Stuart Stuart above, the justification prince, prince, James James II, II, from from England’s England’s throne. throne. Which Which led led directly directly to to his his general after the general theory theory of of government. government. Drayton Drayton came came finally, finally, after the Prohibitory and related Prohibitory Act Act and related speeches, speeches, declarations, declarations, and and pieces pieces of of British out of British legislation legislation which which poured poured out of London London in in the the fall fall of of 1775, 1775, to to believe abdicated” his place asas believe that that George George III III had had to to all all intents intents ““‘abdicated”’ his place King over over Englishmen Englishmen in in North North America. King George George was was guilty guilty King America. King of aa failure failure in in “‘protection”. And since since both both Houses Houses of of Parliament Parliament of “protection”. And had act of had made made aa part part of of the the act of removing removing Americans Americans from from the the securities were also securities of of British British citizenship, citizenship, that that prince’s prince’s crimes crimes were also theirs. To To cast cast out out the the colonials, colonials, with with the the total total British British government government theirs. playing aa role role in in their their expulsion, expulsion, was was to to place place them in the status of of playing them in the status an enemy occupying be conquered or an enemy occupying British British soil—an soil—an enemy enemy to to be conquered or driven out. out. But But it it was was also also to to set set them them free. free. The The Glorious Revoludriven Glorious Revolu­ tion had had preserved preserved the the monarchy monarchy by by replacing the king. king. The The rest rest of of tion replacing the the the government government was was not not implicated implicated in in James James II’s II’s violations violations of of law. law. But difference between But Parliament’s Parliament’s role role in in 1774-1775, 1774-1775, and and the the difference between what King King George George was was doing doing in in North North America America and and what he could could what what he do do in in England, England, made made simple simple replacement replacement impossible. impossible. The The Constitution had Americans could Constitution had been been broken broken irrevocably. irrevocably. Americans could replace the House of Com­ replace neither neither prince prince nor nor lords lords nor nor members members of of the House of Commons, as the the English English had had simply simply replaced replaced James James II. On the the princi­ princimons, as II. On ple of they would ple of 1688, 1688, they would have have to to make make another another shift shift for for restoring restoring their society to the the protection protection itit had had lost.12 lost.’? South South Carolina’s Carolina’s charter charter their society to (1669), in con­ (1669), as as revised revised in in 1719 1719 (the (the end end of of proprietary proprietary authority), authority), in conjunction with with the the liberties liberties of of Englishmen Englishmen transplanted transplanted to to these these junction shores through those those antecedent antecedent governments, governments, would point the the shores through would point way. way. The other other source source of of Drayton’s Drayton’s teaching, teaching, itself itself reflective reflective of The of earlier British British thought thought on on lawful lawful resistance, resistance, comes comes closer closer to to being being earlier philosophical. It It involves what appears appears to to be be an argument from philosophical. involves what an argument from nature, to dignify the decinature, though though to dignify it it so so is is perhaps perhaps excessive. excessive. With With the deci117 117

AA Better Better Guide Guide Than Than Reason Reason sion to to form an independent independent republic republic in in South South Carolina, Carolina, Drayton sion form an Drayton added appeal the the claims added to to his his prescriptive prescriptive appeal claims of of necessity—selfnecessity—selfpreservation. After After defining them as as outlaws outlaws (in (in the the 1775 1775 preservation. defining them “‘Proclamation Proclamation for for Suppressing Suppressing Rebellion Rebellion and and Sedition”), Sedition”), England England had gone beyond asserting asserting that that Parliament Parliament could could bind bind the the colonials colonials had gone beyond ““inin all all cases cases whatsoever” whatsoever” and and had had moved moved in in the the direction direction of of arming arming and deploying deploying Negro slaves and and Indians Indians to to punish their and Negro slaves punish their recalcitrance.’? It It had had suspended suspended charters charters and and forbidden forbidden the the recalcitrance.13 regular An regular operation operation of of duly duly constituted constituted colonial colonial governments. governments. An army dispatched, trade army of of occupation occupation had had been been dispatched, trade interrupted, interrupted, and and property property seized. seized. Moreover, Moreover, Americans Americans not not willing willing to to submit submit would would soon face the prospect prospect of of prerogative prerogative courts courts and and of of transportation transportation to to soon face the England the process of wag­ England for for trial. trial. In In aa word, word, the the British British were were in in the process of waging ing aa war war of of conquest conquest against against their their brethren brethren in in North North America. America. To To resist be nothing more than resist would would be nothing more than self-defense. self-defense. By By definition, definition, all all men carry in their their nature right to to do do at at least least this this much. much. The The best best men carry in nature aa right analogy moderates when analogy is is to to the the reaction reaction of of Southern Southern moderates when Mr. Mr. Lincoln Lincoln called for troops to subdue the seceding states. There was no choice called for troops to subdue the seceding states. There was no choice but the first but “compliance “compliance with with the first law law of of nature.”14 nature.’ Drayton charge to Drayton began began to to develop develop this this position position in in his his charge to the the jurymen of Camden Camden and and Cheraws and in in his his A A Letter Letter from from Freeman Freeman of of jurymen of Cheraws and South-Carolina, America, Assembled South-Carolina, to to the the Deputies Deputies of of North North America, Assembled in in the the High High Court at Philadelphia Court of of Congress Congress at Philadelphia.'*. 15 Like his later experiments with this

Like his later experiments with this species of public public discourse, the 1774 species of discourse, the 1774 charge charge was was printed printed at at public public expense. Form Form and auspices together together say say thus thus it it is is doctrine. doctrine. The The expense. and auspices rhetoric rhetoric here here is is almost almost epideictic, epideictic, aa form form of of argument argument from from authori­ authority. almost what what the ty. And And for for the the Old Old Whig Whig almost the king’s king’s speech speech from from the the throne was was for for aa Tory. Tory. Drayton Drayton speaks speaks as as if if no no objection objection to to his his throne argument were possible. This quality of his style says as much argument were possible. This quality of his style says as much about about the the character character of of the the revolution revolution in in South South Carolina Carolina as as do do the the particulars of of his his position and, in in turn, turn, dictates dictates his his conclusions conclusions particulars position and, almost favorable reception almost as as surely surely as as it it guarantees guarantees for for them them aa favorable reception with the the audience which they they were designed. As As aa healing healing in­ inwith audience for for which were designed. strument, it it strengthens strengthens (or (or restores) restores) the the interdependence interdependence of of aa free strument, free people people with with their their government government or or their their affinity affinity for for aa collective collective past, past, 118 118

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sometimes called upon of an sometimes to to be be called upon for for correction correction of an impious impious present. present. Drayton’s is, is, in in aa word, word, the the ultimate ultimate anti-radical anti-radical appeal, appeal, in in persona persona Drayton’s merging what and how he spoke.’* Let us examine this rhetoric in merging what and how he spoke.16 Let us examine this rhetoric in Drayton’s first first published published charge charge of of November November 55 and 15, 1774. 1774. Drayton’s and 15, The The design design of of Drayton’s Drayton’s first first speech speech from from within within the the mantle mantle of of the law preamble, the law follows follows the the logic logic of of its its occasion. occasion. He He moves moves from from aa preamble, presupposing presupposing present present difficulties difficulties (and (and aa contrary contrary view view of of the the office, office, one professed professed by by mere mere placemen) to declare declare his his duty duty as judge, and and one placemen) to as judge, then to aa treatment then goes goes forward forward to treatment of of the the jurors’ jurors’ obligations obligations to to preserve their their part part of of the the legal legal system system and and make the law law alive. alive. The The preserve make the trouble with Drayton, isis that “they style trouble with some some judges, judges, says says Drayton, that ‘they style themselves the King’s King’s servants.” servants.” And And itit is is against against this this error error that that themselves the Drayton insists insists that that his his “master” ‘‘master” (and (and that that of of his his audience) audience) is is the the Drayton law. The to give To law. The law law “orders” “‘orders”’ that that he he charge charge the the jurors jurors to give it it force. force. To do otherwise otherwise would would be “‘treasonable contempt”. contempt”’. And And “particularly “particularly do be “treasonable so so at at this this crisis, crisis, when when America America is is in in one one general general and and generous generous com­ commotion.” To of law, its motion.” To support support this this view view of law, Drayton Drayton talks talks first first of of its origin and origin and then then of of what what it it requires. requires. “This ““This colony colony was was settled settled by by English subjects; by by aa people people from from England England herself; herself; aa people people who who English subjects; brought over over with them, who who planted planted in in this this colony, colony, and and who who brought with them, tr a n s m itte d toto posterity p o s te rity th v a lu a b le rig h ts ofof transmitted thee in invaluable rights Englishmen—rights which which no contract, no Englishmen—rights no time, time, no no contract, no climate climate can can diminish.” Here diminish.”’ Here he he introduces introduces his his own own formulation formulation of of the the familiar familiar Old Old Whig Whig constitutional constitutional theory: theory: aa formulation formulation for for English English colonials. colonials. He He traces traces the the same same genealogy genealogy (though (though perhaps perhaps with with greater force) in greater force) in A A Letter Letter from from Freeman Freeman of of South-Carolina. South-Carolina. There There he he writes English subjects subjects emigrating writes that that ““English emigrating from from England England to to colonize colonize America, with them America, carry carry with them inherently inherently in in their their persons, persons, a a title, title, which which unalienable, and and which which no no time time or or climate can invalidate, invalidate, to to en­ enisis unalienable, climate can joy the the benefits benefits of of the the common common law in America America .. .... such were were joy law in . . And And such the Lares Lares our our Forefathers Forefathers religiously embarked with with themselves, themselves, to to the religiously embarked protect them them and and their their posterity, posterity, in in the the wilds wilds of of America.”17 America.’”’ Thus Thus protect the law law is is not not merely sovereign. Rather, Rather, it it is is aa “household “household god”, god”, in in the merely sovereign. the Roman sense. the Roman sense. It It is is the the seat seat and and source source of of group group identity identity binding binding together the the generations generations of of aa common common blood. blood. And And itit defines defines the ventogether the ven119 119

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ture of colonization ture of colonization as as aa relocation relocation of of ancient ancient familial familial things, things, as as when bore his when Aeneas Aeneas bore his father father from from the the burning burning walls. walls. ItIt is is in in this this spirit spirit of of inheritance inheritance that that Drayton Drayton enjoins enjoins the the gathered keepers of of the the traditional traditional authority authority that their ““duty to gathered keepers that itit isis their duty to exercise those powers with with propriety; propriety; it it is is mine to point point exercise those powers mine concisely concisely to out conduct which out to to you you the the line line of of your your conduct—a conduct—a conduct which the the venerable venerable Constitution of your country self-defining in­ Constitution of your country intends.” intends.” For For the the self-defining inheritance of law/identity, law/identity, the the incarnate spirit or “presiding genius genius heritance of incarnate spirit or “presiding of of the the English English race”, race”, is is nourished nourished only only through through its its application application to to present circumstances—through care for present circumstances—through care for the the jury jury system system and and en­ enforcement Negro Act forcement of of the the Negro Act (legislation (legislation for for social social control). control). And And it it ought to not only only for but from ought to be be preserved preserved ““‘not for its its inestimable inestimable value, value, but from aa reverence whom we reverence to to our our ancestors ancestors from from whom we received received it, it, and and from from aa love of of our our children, children, to to whom whom we we are are bound bound by by every every consideration love consideration to to deliver deliver down down this this legacy, legacy, the the most most valuable valuable that that ever ever was was or or can can be reminding the be delivered delivered to to posterity.”18 posterity.’”* Drayton Drayton closes closes by by reminding the jurors jurors of their oath oath to to uphold uphold the the Constitution. Constitution. Their Their response response of their (completing our our view view of of the the Judge’s Judge’s performance) performance) was was to to provide provide (completing that as meeting that the the charge charge “be “‘be printed printed and and made made public” public” as meeting with with their their approval. approval. Drayton’s somewhat South-Carolina Drayton’s somewhat earlier earlier Letter Letter from from Freeman Freeman of of South-Carolina (appearing in August) says says nothing variance with charge to to (appearing in August) nothing atat variance with his his charge the two two grand grand juries. juries. But But it it says says more, more, and and for for aa larger audience. the larger audience. What he he offers offers is is aa position, position, aa rationale, rationale, for for the the entire entire Continental Continental What Congress the American Congress to to follow follow in in defending defending the American view view of of the the British British Constitution. The The form Constitution. form of of this this public public letter letter (remember (remember Cicero) Cicero) recalls the the “speech “speech without without doors” doors” which to the the Parliament Parliament of of recalls which came came to 1628 as was first first convened. convened. Drayton, Drayton, speaking speaking not not only only as as private private 1628 as itit was man but but also judge, isis quick quick to man also as as council council member member and and judge, to disclaim disclaim any any intention of of joining the strictly strictly popular popular party and to to correct correct any any intention joining the party and idea that he he is is ““zealous for the the prerogative”. prerogative”. He He deplores Tory idea that zealous for deplores both both Tory and radical. radical. ‘In private and and public public stations stations have have II endeavoured endeavoured at at and “ In private one time, and at one time, to to oppose oppose the the Exuberance Exuberance of of Popular Popular Liberty; Liberty; and at another, of the . . .”19 another, the the stretches stretches of the Government Government Party Party .... .’"* But But if if neither people nor nor throne throne is is to to be be sovereign, sovereign, only only law law can can rule. rule. neither people 120 12 0

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Which precisely the we would Drayton’s motif Which is is precisely the theme theme we would expect. expect. Drayton’s motif in in this formal essay from Sir this full full and and formal essay is is from Sir Edward Edward Coke: Coke: “Magna ‘Magna Char­ Chartata isis such such aa fellow, fellow, that that he he will will have have no no Sovereign.”20 Sovereign.’ Where Where the the Constitution isis concerned, concerned, Drayton Drayton recommends recommends firmness. firmness. Yet Yet his his Constitution ostensible reason reason for for speaking up is is to to prevent prevent the the dispute dispute with with ostensible speaking up England from from becoming becoming more more serious serious than than itit already already is. is. Though, Though, as as England he acknowledges acknowledges in his choice of forms, forms, he he recognizes possibilihe in his choice of recognizes that that possibili­ ty. In 1628, ty. In 1628, Charles Charles I,I, by by receiving receiving the the Petition Petition of of Right, Right, had had resolv­ resolved some of his his difficulties difficulties with with the the leadership leadership of of the the House House of of Com­ Comed some of mons, the the men of law. law. A A few few years years later he was was less less successful successful in in mons, men of later he confronting another another remonstrance. remonstrance. And And as as aa result result he he shortly shortly confronting thereafter adversaries and thereafter faced faced other, other, and and more more deadly, deadly, adversaries and found found himself in in aa civil civil war. war. himself From this this baleful baleful and and self-justifying self-justifying exordium (pp. 2 2 - - 8), 8), From exordium (pp. Drayton moves moves directly directly (pp. (pp. 8 8 -- 16) 16) to to offer offer his his own own helpful suggesDrayton helpful sugges­ tion for for reconciliation reconciliation with with the Crown: an an American American petition petition for for the the tion the Crown: reformation of of the the structure structure of of government, government, making making the the Continental Continental reformation Congress aa permanent permanent part part of of the the imperial imperial structure. structure. Each Each colony colony Congress would retain control over its internal affairs. But the responsibility would retain control over its internal affairs. But the responsibility for tax to for levying levying and and collecting collecting aa tax to support support the the Crown’s Crown’s establish­ establishment in North America America would would belong belong to to the the national national assembly. ment in North assembly. Drayton will not power to tax from Drayton will not separate separate the the power to tax from other other legislative legislative capacities. This distinction, often often made made by by his his contemporaries, contemporaries, capacities. This distinction, seemed of no seemed to to him him aa sophistry: sophistry: and and of no use use in in negating negating American American fears despotism—one of the announced fears of of aa despotism—one of the announced reasons reasons for for the the preparation of preparation of this this public public letter. letter. Drayton, Drayton, of of course, course, insists insists that that Parliament repeal repeal the the Coercive Coercive Acts Acts of of 1774. 1774. These five bills bills closed closed Parliament These five the the port port of of Boston, Boston, altered altered the the charter charter of of Massachusetts Massachusetts (giving (giving the the King power to to appoint appoint the the Governor’s Council), forbade forbade town town King power Governor’s Council), meetings, provided for for the the quartering quartering of of British British troops on the the meetings, provided troops on American population, population, precluded precluded the the trial trial of of those those soldiers soldiers or or other other American official personages personages within within the the royal royal establishment establishment by by colonial colonial official juries, and and established established aa new new government government for for recently-conquered recently-conquered juries, Quebec—a government Quebec—a government by by royal royal fiat, fiat, with with no no relation relation to to English English law. In In this this set set of of enactments, enactments, many many Americans Americans (and many English English law. (and many 121 121

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Whigs) saw saw a a sinister sinister design. design. Particularly Particularly when when they were perceiv­ perceivWhigs) they were ed as reinforcing already-established abuses—judges appointed ed as reinforcing already-established abuses—judges appointed toto serve at at the pleasure of of the the Crown, Crown, Admiralty Admiralty Courts, the issuance issuance serve the pleasure Courts, the of of General General (or (or open) open) Warrants, Warrants, and and the the broad broad claims claims of of authority authority stated Act. What stated in in the the Declaratory Declaratory Act. What Drayton Drayton proposes proposes isis to to the the op­ opposite though he monarch in the thirteen posite effect, effect, though he leaves leaves George George III III as as monarch in the thirteen troubled troubled colonies, colonies, leaves leaves untouched untouched many many of of his his appointive appointive powers, powers, and does does not not challenge challenge the authority of of Parliament Parliament in in directing directing the the and the authority foreign policy policy of empire or or aa legal legal role role for for the the House House of of Lords Lords as as foreign of the the empire aa court of final appeals. court of final appeals. Throughout this this paper paper Drayton Drayton shows shows himself himself to to be be peculiarly peculiarly Throughout interested in in the the future future composition of the the American American judiciary.21 judiciary.”! interested composition of Even in in his his draft draft petition petition for for presentation presentation to to the the Congress, Congress, reform of Even reform of the be his the courts courts seems seems to to be his obsessive obsessive concern. concern. Yet, Yet, coming coming from from aa ““Freeman” Freeman” who political thinker who is is also also aa judge, judge, from from aa political thinker to to whom whom the continuity continuity and and application application of of the the English English law the foundation foundation the law isis the of this should of the the American American identity, identity, none none of of this should surprise.22 surprise.”* Drayton Drayton in­ includes quoted quoted matter drawn directly directly from from his his model model for for this this peti­ peticludes matter drawn tion To tion and and from from cognate cognate instruments, instruments, such such as as the the Bill Bill of of Rights. Rights. To surround his his innovative innovative proposals proposals with with the the charters of British libersurround charters of British liber­ ty and to the Carolinian’s ty is is to to mute mute their their originality originality and to reinforce reinforce the Carolinian’s cen­ censure of of the the courts courts sanctioned sanctioned by by the the prevailing prevailing colonial colonial sure system—courts system—courts (or (or lack lack of of courts) courts) which which deprive deprive the the Englishmen Englishmen in natural rights”, in North North America America of of their their “‘‘natural rights”, i.e., i.e., rights rights inherited inherited through kinship kinship and and descent.23 descent.” At At times times he he appears appears to to be be tangled tangled in in through questions of Mandamus, Mandamus, Courts Courts of of Ordinary Ordinary and and Chancery, Chancery, questions of judicial review, prerogative, prerogative, and and the the development development of of an an American American judicial review, aristocracy (to serve serve in in the the remodelled remodelled Councils Councils of of State, State, in in his his new new aristocracy (to commonwealth system). Yet Yet he he always returns to to the the bonds bonds of of commonwealth system). always returns history and and nature, nature, to to the the authority authority of of blood. blood. The The next section of of history next section the essay essay (pp. (pp. 16 16 -- 30), 30), aa more more inclusive inclusive justification justification for for the the con­ conthe tents of the the preceding preceding petition, petition, comes comes down down to to that, that, aa denial denial that that tents of “the Crown can can legally legally acquire acquire aa power power over over subjects subjects of of English English “ the Crown blood, destructive destructive of of those those rights rights which which are are peculiar peculiar to to the the blood. blood. blood, Rights evidenced evidenced by by Magna Magna Charta, Charta, and and defended defended by by the the funfunRights

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damental law evidence and damental law of of England!—Rights, England! —Rights, evidence and laws laws which which the the Crown to the the pre­ Crown cannot cannot overthrow, overthrow, nor nor the the Parliament Parliament change change to prejudice of of the people interested interested in in their their preservation!”24 preservation!” In In this this judice the people passage we could could not un­ passage we not be be further further away away from from the the contemporary contemporary understanding natural rights”. typical derstanding of of “‘natural rights”. The The only only question question isis how how typical Drayton was of of his his place place and and time. time. Drayton was The spins itself The remainder remainder of of Drayton’s Drayton’s public public letter letter spins itself out out (pp. (pp. 30 - 46) in in some some additional additional close close comment comment on on the the authorities authorities 30-46) (Hooker, Blackstone, Blackstone, Bracton, Bracton, etc.) etc.) and and some fine pleading on par­ par(Hooker, some fine pleading on ticular cases cases and and decisions. decisions. The The turn turn comes comes after his discussion discussion (in (in ticular after his expanding on the errors of the King’s government) of the 1672 Act expanding on the errors of the King’s government) of the 1672 Act to give give representation representation to to the the County County Palatine Palatine of of Durham Durham and and aa to following of troops following gloss gloss on on the the arguments arguments against against the the quartering quartering of troops made has given state­ made in in the the Petition Petition of of Right: Right: after after Drayton Drayton has given his his statement of of grievance lofty and That he he follows with ment grievance aa lofty and resonant resonant frame. frame. That follows with more law law and and legal legal philosophy in order order to to “view “view the the foundations foundations more philosophy in from which of Rights from which Americans Americans build build their their claim claim of Rights and and Liberties” Liberties” indicates that that his aim is is to to swallow swallow up up the the reader reader in the ambiance ambiance of indicates his aim in the of prescriptive induce him think of prescriptive reasoning reasoning and and thus thus induce him to to think of the the issues issues separating Always separating colonies colonies from from mother mother country country in in only only those those terms terms.””>.25 Always his theme theme is is of of inheritance—its inheritance—its advantage advantage and and obligation—or obligation—or of of his baneful “alienation” of baneful innovation innovation which which works works for for the the “alienation” of inherited inherited rights. Englishmen Englishmen cannot cannot be be taxed taxed unless unless represented represented in in the the rights. legislature which levies legislature which levies upon upon them them because because their their fathers fathers were were not. not. Relocation will not not serve as Relocation will serve as as an an excuse excuse for for treating treating them them as Englishmen an undying Englishmen apart. apart. For For they they belong belong to to an undying composite composite whole, whole, an made up which, like corpora­ an immortal immortal family family made up of of mortal mortal men men which, like aa corporation under under the the statutes statutes of of mortmain mortmain, , cannot lose its its property though tion cannot lose property though its replaced. The its particular particular members members must must be be replaced. The anterior anterior identity identity broods over every rayton’s request broods over every question—even question—even D Drayton’s request that that hereditary upper upper houses houses be be instituted instituted as as part part of of the the particular particular hereditary colonial governments. Though Though aa patriot, petitioner isis clearly colonial governments. patriot, this this petitioner clearly aa man “ dead hand’’. hand”. And revolution, itit will be man of of the the “dead And if if he he makes makes for for aa revolution, will be in the the name name of of Reaction. Reaction. The The peroration (pp. 46-47) 46-47) specifies this in peroration (pp. specifies this limitation: patrimony, this limitation: again again aa reminder reminder of of aa noble noble patrimony, this time time set set off off 123 123

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with an an allusion allusion to to Livy, Livy, Book Book XXVI. XXVI. He He recalls recalls that that the the men men of with of Rome property just gates Rome traded traded confidently confidently in in property just beyond beyond the the city city gates while Hannibal Hannibal was was encamped encamped upon upon that that soil. soil. So So firm firm was was their while their sense the honor sense of of themselves, themselves, so so rich rich the honor left left to to them them by by the the “conscript “conscript fathers” of of their their race, race, that that they they could could not not doubt doubt the the outcome outcome of of fathers” their struggle with with the the terrible terrible invader. invader. Nor Nor should should the the American American their struggle heirs Runningmede” despair the legacy heirs of of ““‘Runningmede”’ despair of of their their hold hold upon upon the legacy of of political rights which which they they were were about about to to proclaim proclaim in in Philadelphia. Philadelphia. political rights To falter falter or or doubt doubt the the final issue would would be be to to lose lose both both their future To final issue their future and their their past, past, aa prospect prospect which which William William Henry Henry Drayton Drayton could could not not and entertain. entertain. Drayton’s Ciceronian Ciceronian epistle epistle may may have have affected some of of the the Drayton’s affected some early considerations of the Continental Continental Congress. Congress. His His proposal proposal for for early considerations of the an American American Parliament, Parliament, and and some some of of his his other other suggestions, an suggestions, resemresem­ ble closely closely Joseph Galloway’s plan plan for for American American self-government self-government ble Joseph Galloway’s within the the empire. empire. And Freeman’s ideas ideas are are also also close close to to certain certain within And Freeman’s features of of petitions petitions for for redress redress sent sent over over by by the the Congress to be be ig­ igfeatures Congress to nored by Crown. But But all all to to no avail. The The worsening worsening troubles troubles nored by the the Crown. no avail. between Great Britain and and her her North North American American creations creations foreseen foreseen between Great Britain by indeed occur. occur. Words Words led by William William Henry Henry Drayton Drayton did did indeed led to to bullets, bullets, to civil civil war. war. And And in in the the spring spring preceding preceding the the general Declaration of to general Declaration of Independence, South South Carolina Carolina took took steps steps to to reconstitute reconstitute its its govern­ governIndependence, ment on basis not not affected affected by by any any extrinsic authority. O Orr rather, ment ona a basis extrinsic authority. rather, not influenced influenced by by anything anything outside outside itself itself apart apart from from the the broad broad not sweep British history. But in eyes ofof Drayton, sweep of of British history. But in the the eyes Drayton, it it is is precisely precisely that one surviving surviving authority that explains explains the the necessity necessity of of aa new, that one authority that new, totally totally independent independent government government in in South South Carolina. Carolina. Returning Returning to to the form form so well suited suited to to his his message, message, he he develops develops aa defense defense of of this the so well this fateful change change while while speaking speaking on on April April 23 23 in his new new role role as as Chief Chief fateful in his Justice of South Carolina. Once again, the results were made “‘docJustice of South Carolina. Once again, the results were made “ doc­ trinal”’ by being being printed at the the public public expense.26 expense.” trinal” by printed at The meeting meeting of of this jury signified signified the the restoration restoration of of the the provin­ provinThe this jury cial regime. regime. Drayton’s Drayton’s aim aim is is to to explain why the the separation to cial explain why separation had had to come and and the the justification justification for for itit in in the the law. The argument not come law. The argument isis not complicated. One precedent precedent was was 1719, 1719, when when South Carolina threw threw complicated. One South Carolina

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off the off the government government of of the the proprietors. proprietors. George George II II (who (who is is here here treated with reverence asas aa true treated with reverence true “father “‘father of of his his people”) people’’) accepted accepted Carolina’s he assume direction of Carolina’s plea plea that that he assume direction of its its affairs affairs “and ‘‘and thereby thereby indisputably legality ofof that that revolution. indisputably admitted admitted the the legality revolution. And And in in so so do­ do-

ing, his own their ing, by by his own act, act, he he vested vested in in those those our our forefathers, forefathers, and and us us their posterity, . . .”27 AA stronger posterity, aa clear clear right right to to effect effect another another revolution revolution .....’”’ stronger appeal law of nations.” As appeal is is “to ‘‘to the the great great law of nature nature and and of of nations.”’ As Drayton Drayton says later, later, “Nature ‘“Nature cried self-preservation is is the the great great says cried aloud, aloud, self-preservation law—we obeyed.”28 British forces had law—we have have but but obeyed.’ British forces had been been making making war war on ruin in on American American communities, communities, sometimes sometimes leaving leaving ruin in their their wake, wake, always treating treating the the inhabitants inhabitants as adversaries. It It was was impossible impossible to to always as adversaries. resist without without reorganizing reorganizing the the powers powers of of the the particular particular colonies: colonies: resist without enforcement, military without administration, administration, law law enforcement, military preparations, preparations, etc. etc. Part Part of of Drayton’s Drayton’s bill bill of of particulars particulars against against British British policy policy refers refers to to this this basic basic reason reason for for changing changing the the Constitution.29 Constitution.” But But Drayton’s Drayton’s strongest justification justification after after the the fact fact is is once once again again from from British British strongest history. of this apparently from history. The The heart heart of this charge charge (drawn (drawn apparently from Blackstone) is an extended comparison between America in his Blackstone) is an extended comparison between America in his time and and England England in 1688. As As he he writes, writes, ‘“‘we better time in 1688. “we need need nono better authority than that that illustrious illustrious precedent.”30 precedent.’ authority than The theoretical ground of Drayton’s position position is is his interpretaThe theoretical ground of Drayton’s his interpreta­ tion of “‘the original original contract contract between between King King and and people.” people.” This This bond bond tion of “the isis not not to to be be thought thought of of as as dating dating from from aa precise precise moment. moment. It It has has been been negotiated over the course course of of centuries. centuries. And And it it may may alter alter in in some some negotiated over the details. reciprocity of details. But But its its essential essential assumption assumption is is aa reciprocity of “protection ‘“‘protection and King performs his serser­ and subjection”. subjection’. When When the the King performs (usually (usually through through his vants) his vants) his role role within within the the prescription, prescription, his his liegemen liegemen are are obliged obliged to to do the the same. same. Both roles exist exist only only within within the the Constitution. Constitution. But But do Both roles when he has, when the the King King withdraws withdraws person person and and protection, protection, he has, in in effect, effect, ‘““abdicated””—as when when Lord Lord William William Campbell, Campbell, after after attacking attacking “abdicated”—as them, from the the subjects subjects left left by by George in his his care, care, taking taking them, fled fled from George III III in with him him the the colony’s colony’s Great Seal.*' Interdependence Interdependence does does not not allow allow with Great Seal.31 for the fundamental, for military military coercion. coercion. Or Or violations violations of of the fundamental, organic organic law, people. Therefore, law, the the true true sovereign sovereign of of both both prince prince and and people. Therefore, Drayton concludes, concludes, “the “‘the law of the the land land authorizes authorizes me me to to declare, declare, Drayton law of 125 125

AA Better Reason Better Guide Guide Than Than Reason and my duty duty boldly boldly to to declare, declare, that that George the third, third, King of and itit isis my George the King of Great Britain abdicated the Great Britain has has abdicated the government.”32 government.” South South Carolina, Carolina,

like in 1688, like England England in 1688, can, can, however, however, continue continue to to be be itself itself without without the the House of Hanover, its laws House of Hanover, its laws and and officers officers drawing drawing their their authority authority from all all that that survives unchanged, all all that that has has gone gone before. before. And And one from survives unchanged, one thing more—“ the genius the people”, thing more—‘“‘the genius of of the people”, that that touchstone touchstone to to which which so speak of so many many leaders leaders of of the the Revolution Revolution refer refer when when they they speak of days days yet yet to come.” to come.33 From From these these materials materials security security may may be be restored restored in in South South Carolina. kind of Carolina. And And perhaps perhaps also also some some kind of relationship relationship with with Great Great Britain, though through any sort of of future future submission submission to to British British Britain, though not not through any sort power. two power. For For there there is is too too much much natural natural rivalry rivalry between between the the two societies for for that that sort sort of of reconciliation reconciliation to to occur. occur. Drayton Drayton writes, writes, ““II societies think the awful awful seat think it it my my duty duty to to declare declare in in the seat of of justice justice and and before before Almighty God, God, that that in in my my opinion, opinion, the the Americans Americans can can have have no no safe­ safeAlmighty ty the Divine and their their being ty but but by by the Divine favor, favor, their their own own virtue, virtue, and being so so pru­ prudent power of .”34 dent as as not not to to leave leave it it in in the the power of British British rulers rulers to to injure injure them them.’”™ However, he he now now delights delights in in the the prospects prospects of of the the new new “free” “‘free” state state However, and says says aa great deal about the good good fortune fortune it it may may expect. But we we and great deal about the expect. But must turn turn to to his his next next address address from from the the bench bench to to discover more of of must discover more the reasons reasons why. why. the “A Charge ‘A Charge on on the the Rise Rise of of the the American American Empire”, Empire’, delivered delivered to to the first the Charleston Charleston Grand Grand Jury Jury on on October October 15, 15, 1776, 1776, isis noteworthy noteworthy first of of all all because because it it represents represents the the state state of of Drayton’s Drayton’s thought thought im­ immediately after after the the Declaration Declaration of of Independence.35 Independence.” Yet Yet itit is is closer to mediately closer to the general general essay essay and and less less of merely legal legal document the the of aa merely document than than the works just just examined. examined. Drayton Drayton does does in in this this case case finally finally get get around around to to works saying the law. saying aa few few practical practical words words concerning concerning enforcement enforcement of of the law. (His grand jury jury sessions sessions helped helped to to suppress suppress what was left left of of (His grand what was loyalism in in the the state.) state.) But But the burden of of this this address address is is finally an loyalism the burden finally an encouragement to to American American morale—not morale—not aa plea plea for for aa particular particular encouragement reading reading of of the the legal legal situation. situation. Even Even though though Drayton Drayton builds builds his his ex­ exhortation directly directly upon upon the the foundation foundation of of aa presumption presumption that that the the hortation jury will will recall his previous previous charge, charge, and and even even though though he he rehearses rehearses jury recall his all that that was was contended contended there there concerning concerning the the “failure “‘failure of protection”, all of protection”, 126 126

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the final thrust of his argument for the final thrust of his remarks remarks is is an an argument for confidence confidence resting resting on the virtue on the virtue of of prior prior conduct, conduct, the the moral moral decline decline of of the the enemy, enemy, the the laws of geography, geography, economics, the evident evident favor favor of of God.36 God.” laws of economics, and and the Prudential Prudential reasons reasons for for optimism optimism were were of of course course added added on, on, but but only only to round out out the the case.” to round case.37 The peculiar public charge The peculiar emphasis emphasis of of this this last last public charge connects connects naturally with its its formal formal nature nature as as war war propaganda propaganda and and _ its its naturally with derivative relationship derivative relationship to to what what Drayton Drayton had had previously previously main­ maintained—before the tained—before the final final break. break. Again, Again, we we hear hear of of British British atrocities atrocities and narrative toto answer and royal royal crimes. crimes. Drayton Drayton uses uses aa good good deal deal of of narrative answer the we meant before we the charge charge that that we meant to to reach reach for for independence independence long long before we claimed writes, “‘ItIt was claimed it. it. He He writes, was even even so so late late as as the the Latter Latter End End of of last last Year was likely likely Year [before] [before]. . .. . . it it was was generally generally seen, seen, that that the the Quarrel Quarrel was to force America America into into an an immediate immediate State State of of Independence.”38 Independence.””* To To to force be confident struggle awaiting be confident in in the the struggle awaiting them, them, Americans Americans would would need need aa basic basic assurance assurance of of their their own own rectitude. rectitude. And, And, as as Drayton Drayton seemed seemed to thoughtofof themselves to sense, sense, this this would would not not be be available available if if they they thought themselves as as the originators the originators of of aa rebellion rebellion for for its its own own sake, sake, aa conflict conflict commenced commenced in the the name name of of colonial colonial freedom freedom as as aa general general good: good: as as innovators innovators in against the of their against the sources sources of their own own identity. identity. If If the the violations violations had had come come the other way, way, his neighbors could could preserve preserve their their claims claims upon an the other his neighbors upon an unbroken prescription, prescription, even even while while republican republican innovations innovations were were unbroken forced forced upon upon them. them. At to reinforce At this this point, point, Drayton Drayton uses uses to to real real effect, effect, to reinforce his his reading the analogy the Dutch reading of of 1688, 1688, the analogy of of the Dutch resistance resistance to to Philip Philip of of Spain Spain at at the the time time of of William William the the Silent.39 Silent.” Philip Philip attempted attempted to to con­ control Dutch Dutch peculiarities. peculiarities. The The Hollanders Hollanders refused refused to be bound bound by by trol to be their in all cases whatsoever”. whatsoever”. And, their emperor emperor “‘‘in all cases And, while while resisting resisting the the innovations of of their prince, the the seven seven provinces provinces backed way innovations their prince, backed their their way through state through aa successful successful war war of of independence. independence. They They made made a a free free state in what they had been. despite terrible in order order to to remain remain what they had been. And And despite terrible odds odds against in war against them, them, prevailed prevailed in war against against the the greatest greatest power power on on earth. earth. The public public virtue virtue of of the the Dutch, Dutch, made made manifest manifest in their announced announced The in their reasons reasons for for taking taking up up arms, arms, sustained sustained them. them. Americans, Americans, ifif they they can can generate among among themselves themselves aa Roman Roman firmness, firmness, will will be be the the better better generate 127 127

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people perorates with people for for having having made made their their revolution. revolution. Drayton Drayton perorates with another appeal appeal to to Livy—this Livy—this time time with with the the story story of of the the Tarquins.”° another Tarquins.40 There spirits imagine There can can be be no no turning turning back. back. Though Though if if some some weak weak spirits imagine to be wanting?” to the the contrary, contrary, ““II trust trust aa Brutus Brutus will will not not be wanting?” William Henry Henry Drayton Drayton expected expected aa great great future future for for aa free free William Carolina and and aa free free America, America, aa union union of of the the several several states states in in aa con­ conCarolina federation stronger than federation stronger than the the NATO-like NATO-like co-operation co-operation of of the the early early years under years under the the Continental Continental Congress. Congress. His His allusions allusions to to Rome Rome in in the the Punic Wars Punic Wars were were not not merely merely adventitious. adventitious. We We were were aa people people on on the the rise—as were rise—as were Romans, Romans, once once Carthage Carthage was was overthrown. overthrown. Providen­ Providential tial circumstances circumstances (to (to say say nothing nothing of of God’s God’s direct direct intervention) intervention) seemed seemed to to favor favor us us as as they they had had England England in in earlier earlier times. times. Indeed, Indeed, we we were be the the perfection of what were to to be perfection of what they they had had only only begun begun there there in in the the long history most constitutional development. But But there there were were long history ofof her her most constitutional development. still the way. contribution still dangers dangers along along the way. And And in in his his last last important important contribution to the literature literature of of American American politics, politics, Drayton Drayton spoke to one one of of these, to the spoke to these, the problem of of aa national government addressed addressed in in the the Articles Articles of the problem national government of Confederation. In Confederation. In 1778, 1778, Drayton Drayton examined examined these these proposals proposals in in aa for­ formal presentation presentation to the South legislature. He He was was uneasy uneasy mal to the South Carolina Carolina legislature. with the document. with many many facets facets of of the document. For For having having made made aa revolution revolution against arbitrary power, he to see against arbitrary power, he was was not not about about to see another another arbitrary arbitrary power set set up up in in its its place. place. In In concluding concluding these these observations observations on on his his power political shall look political teaching, teaching, II shall look briefly briefly at at Drayton’s Drayton’s address address of of January 20, 1778.41 1778." January 20, Drayton’s of the too Drayton’s criticism criticism of the Articles Articles is is that that they they are are both both too weak and and too too strong. strong. In In respect respect to to the the former, former, they they lack lack aa penal penal weak clause the mustering He dislikes dislikes the of clause to to ensure ensure the mustering of of troops. troops. He the absence absence of penal clause clause enforcing enforcing these these legitimate legitimate demands demands upon upon the the states.42 states.” aa penal And And he he is is also also firm firm about about the the collection collection of of aa confederal confederal tax. tax. But But the the rest of of his his remarks remarks sound sound another another side of the doctrine. Drayton Drayton rest side of the doctrine. means he says means no means confederation confederation when when he says confederation. confederation. And And he he means no more. more. He He is is (with (with other other Southerners) Southerners) among among the the earliest earliest fathers fathers of of the the antifederalist antifederalist tradition tradition in in American American politics. politics. He He writes, writes, ““ItIt is is of of necessity that that the the sovereignty sovereignty of of the the states states should necessity should bebe restricted—but restricted—but II would would do do this this with with aa gentle gentle hand.”43 hand.’** What What he he 128 128

The Legacy The Legacy of of William William Henry Henry Drayton Drayton means by these these words words he he spins spins out out in in a a series of objections objections to to means by series of

specific provisions of of the the Articles. Articles. He detects ambiguities ambiguities and and an an specific provisions He detects

unstated outreach outreach toward toward aa concentration concentration of of power power yet yet to to come. come. A A unstated major target major target of of these these remarks remarks is is the the susceptibility susceptibility to to construction. construction.

He quotes Caesare, Caesare, Marquis of Beccaria: Beccaria: “there “‘there is is nothing nothing more more He quotes Marquis of

dangerous dangerous than than the the common common axiom: axiom: The The spirit spirit of of the the laws laws is is to to be be

considered. To adopt adopt it, it, is is to to give give way way to to the the torrent torrent of opinions.’ considered. To of opinions.”44 But ambiguity and But beyond beyond ambiguity and the the perils perils of of judicial judicial review review or or

legislative extrapolation, Drayton Drayton announces certain more more concrete concrete legislative extrapolation, announces certain anxieties. anxieties. Like Like his his fellow fellow conservative conservative revolutionists revolutionists and and Carolina Carolina spokesmen, Rawlins and Edward spokesmen, Rawlins Lowndes, Lowndes, John John and Edward Rutledge, Rutledge, he he is is distrustful distrustful of of the the North—and North—and especially especially of of New New England.45 England.** He He doubts the merit of blanket blanket provisions provisions allowing allowing for for the interchange doubts the merit of the interchange of citizens. citizens. He He denies that tax tax valuations valuations can can be be uniformly uniformly applied, applied, of denies that especially if the valuations are made by a central authority. The especially if the valuations are made by a central authority. The state Or local state militia militia should should not not be be regulated regulated by by Congress. Congress. Or local curren­ currency. appointment of cy. Or Or even even the the appointment of all all military military officers. officers. Furthermore, Furthermore, the retain aa right over all the South South should should retain right of of veto veto over all legislation. legislation. In In con­ conclusion he he writes: writes: clusion When I Ireflect that from from the the nature nature of of the the climate, climate, soil soit and and produce produce When reflect that of several states, of the the several states, aa Northern Northern and and Southern Southern interest interest in in many many par­ particulars naturally naturally and and unavoidably unavoidably arise; arise; II cannot cannot but but be be displeased with ticulars displeased with the the prospect, prospect, that that the the most most important important transaction transaction in in congress, congress, may may be be done contrary contrary to to the the opposition opposition of of Virginia, Virginia, the the two two Carolinas Carolinas and and done Georgia, Georgia, States States possessing possessing more more than than one one half half of of the the whole whole territory territory of of the body ofof the Southern in­ the confederacy; confederacy; and and Forming, Forming, as as II may may say, say, the the body the Southern interest and and sovereignty sovereignty of of the south, are in effect effect delivered delivered up up to to the the care care of of terest the south, are in the ”46 the north. north. Do Do we we intend intend to to make make such such aa surrender. surrender. II hope hope not! not!’**

From such such remarks remarks we we can can discover discover what what William William Henry Henry From Drayton the revolution South Carolina Carolina to Drayton meant meant for for the revolution in in South to accomplish. accomplish. Moreover, Moreover, the the proposed proposed amendments amendments to to the the Articles Articles sent sent on on to to Philadelphia legislature inin Charleston Charleston give Philadelphia by by the the legislature give us us assurance assurance that, that, as as usual, usual, Drayton’s Drayton’s fellow fellow Carolinians Carolinians agreed agreed with with him, him, even even though ratified the on with with the the war, though they they ratified the Articles Articles in in order order to to get get on war, to to preserve preserve among among themselves themselves the the rights rights of of Englishmen Englishmen in in an an equality equality separate from from their their counterparts counterparts across across the Atlantic. separate the Atlantic.

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To To the the hour hour of of his his death, death, William William Henry Henry Drayton Drayton remained remained the And he ap­ the representative representative man man of of South South Carolina Carolina politics. politics. And he appreciated preciated the the importance importance of of that that role role for for the the future future of of his his people. people. Within the familiar ambiance Within the familiar ambiance of of allusion allusion and and authority, authority, he he had had hoped spell out out his these questions questions inin additional hoped to to spell his view view of of these additional detail detail once spirit of once equality equality qua gua independence independence was was accomplished. accomplished. In In the the spirit of Clarendon Clarendon and and his his favorites, favorites, the the Roman Roman historians, historians, he he had had begun begun aa m anuscript history South Carolina C arolina in the AAmerican m erican manuscript history of of South in the Revolution—an heroic work Revolution—an heroic work designed designed to to inspire inspire pride pride and and emula­ emulation son to tion in in the the posterity posterity of of his his generation. generation. It It remained remained for for his his son to complete prescription in complete this this embodiment embodiment of of the the prescription in his his Memoirs Memozrs of of the the American as Relating South Carolina The hero American Revolution Revolution as Relating to to the the State State of of South Carolina. . The hero of of this this book book is, is, of of course, course, William William Henry Henry Drayton—a Drayton—a paragon paragon of of republican virtue, at least in the eyes of his son. And certainly, with republican virtue, at least in the eyes of his son. And certainly, with Patrick Henry and strongest proofs Patrick Henry and John John Dickinson, Dickinson, one one of of our our strongest proofs of of the of an historical, and of the possibility possibility of an Old Old Whig, Whig, historical, and legalist legalist reading reading of America’s decision its own own way.47 Or at America’s decision to to go go its way.’ Or at least least where where some some patriots and patriots and some some states states are are concerned. concerned. And And especially especially South South Carolina. Carolina. NOTES NOTES 1. John Drayton,

the American the Year 1. John Drayton, Memoirs Memoirs of of the American Revolution, Revolution, From From its its Commencement Commencement toto the Year 1776, 1776, Inclusive; the State And Occasionally NorthInclusive; As As Relating Relating to to the State of of South-Carolina: South-Carolina: And Occasionally Refering Refering to to the the States States of of NorthCarolina and Carolina and Georgia Georgia, 2 vols. (Charleston: A.E. Miller, 1821), reprinted by Arno Press in 1989,

, 2 vols. (Charleston: A.E. Miller, 1821), reprinted by Arno Press in 1909, I,I, p.p. 260. 260. The The language from the the Address Address and and Declaration Declaration ofof the the Provincial Provincial Congress Congress toto language isis from Lord William the incoming governor, June Lord William Campbell, Campbell, the incoming governor, June 20, 20, 1775. 1775. The The probable probable author author is is William William Henry Henry Drayton. Drayton. 2.2. John Drayton’s closest ally John Drayton, Drayton, Memoirs Memoirs, , I, I, p. p. 121. 121. He He quotes quotes Rawlins Rawlins Lowndes, Lowndes, Drayton’s closest ally in these times. in these times. 3.3. The The only only study study is is William William Henry Henry Drayton Drayton and and the the American American Revolution Revolution (Albuquerque: (Albuquerque: University of New William M. Marion Dargan. University of New Mexico Mexico Press, Press, 1962), 1962), by by William M. Dabney Dabney and and Marion Dargan. There There isis aa brief brief biography Drayton’s Memoirs biography attached attached as as preface preface to to John John Drayton’s Memotrs, , pp. pp. xiii-xxvii. xiii-xxvii. By By Revolu­ Revolution refer toto the the total —one of South tion II refer total composite composite of of thirteen thirteen local local revolutions revolutions—one of which which was was in in South Carolina. Carolina inin this this period cCrady’s The Carolina. The The standard standard account account of of South South Carolina period is is Edward Edward M McCrady’s The History Carolina in Co., 1901). History of of South South Carolina in the the Revolution, Revolution, 1775 1775 -- 1780 1780 (New (New York: York: The The Macmillan Macmillan Co., 1901). 4. William Drayton, The 1771). These 4. William Henry Henry Drayton, The Letters Letters of of Freeman, Freeman, Etc. Etc.... . .. (London, (London, 1771). These letters letters from Gazette (including papers by other hands) from the the Gazette (including many many papers by other hands) were were published published in in England, England, probably to position opposed to probably by by Drayton, Drayton, to position himself himself as as opposed to both both the the Stamp Stamp Act Act and and American American responses shows himself responses to to that that bill. bill. In In these these compositions compositions Drayton Drayton shows himself to to be be aa somewhat somewhat foolish foolish young man, more interested in of his resolution of serious young man, more interested in the the display display of his abilities abilities than than in in the the resolution of aa serious

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The The Legacy Legacy of of William William Henry Henry Drayton Drayton problem. prove that that he problem. Also Also he he makes makes remarks remarks about about ordinary ordinary Carolinians Carolinians (p. (p. 60) 60) which which prove he was was no democrat no democrat of of any any kind. kind. There There is is aa reissue reissue entitled entitled The The Letters Letters of of Freeman, Freeman, Etc.; Etc.; Essays Essays on on the the Nonimportation Nonimportation Movement Movement in in South South Carolina, Carolina, Collected Collected by by William William Henry Henry Drayton Drayton, , ed. ed. by by Robert Robert M. M. Weir Weir (Columbia: (Columbia: University University of of South South Carolina Carolina Press, Press, 1977). 1977). 5.5. William North William Henry Henry Drayton, Drayton, A A Letter Letter From From Freeman Freeman of of South-Carolina, South-Carolina, toto the the Deputies Deputies of of North America, Assembled Assembled in in the the High High Court Court of of Congress Congress at at Philadelphia Philadelphia (Charlestown: (Charlestown: Peter Peter Timothy, America, Timothy, 1774). It It is is worth noting that that most most respectable respectable people people who who opposed opposed British policy in in South South 1774). worth noting British policy Carolina were Old Carolina were Old Whigs—excepting, Whigs—excepting, perhaps, perhaps, Christopher Christopher Gadsden. Gadsden. And And also also many many loyalists. loyalists. Only Only aa few few (including (including Anglican Anglican clergy) clergy) were were true true Tories Tories (see (see John John Drayton, Drayton, who supported George III country came Memoirs, I, Memoirs, I, pp. pp. 142 142 -- 145). 145). And And many many who supported George III in in the the back back country came around as as soon as his his coercive coercive policies policies were were set set in in motion. motion. around soon as 6.6. Drayton’s Drayton’s speeches speeches outside outside Charleston Charleston did did much much to to convert convert all all but but aa few few low low fellows fellows and malcontents to and malcontents to the the position position of of the the Provincial Provincial Congress. Congress. On On the the Tory Tory proletariat, proletariat, see see John John Drayton, Memoirs Memoirs, , I, 1, p. p. 329. 329. Drayton, 7. The The Law 7. Law Speaker Speaker in in the the ancient ancient Germanic Germanic nations nations was was “required” “‘required”’ to to “know “know the the law law from memory and to recite recite it it in its entirety” entirety” from from time time to to time. In Iceland Iceland (where the office office isis from memory and to in its time. In (where the visible, in in all all its its purity, purity, in in ancient ancient records), records), the the whole whole law law was spoken every every three three years. years. See See visible, was spoken Peter Peter Hallberg, Hallberg, The The Icelandic Icelandic Saga Saga (Lincoln: (Lincoln: University University of of Nebraska Nebraska Press, Press, 1962), 1962), pp. pp. 88 -- 99.. The Law Law Speaker Speaker is is thus thus the the prescription prescription in in person. person. The 8.8. “Charge “Charge of Henry Drayton, Esq., One of the the of the the Honorable Honorable William William Henry Drayton, Esq., One of of the the Judges Judges of General Session of Oyer and Terminer, Assize Delivery, for General Session of the the Peace, Peace, Oyer and Terminer, Assize and and General General Jail Jail Delivery, for the the Districts of and Cheraws, South Carolina, Districts of Camden Camden and Cheraws, in in South Carolina, on on his his circuit, circuit, the the fifth fifth and and fifteenth fifteenth days . . . .” vol. I,I, days of of November, November, 1774, 1774, delivered delivered to to the the several several grand grand juries juries... .” on on pp. pp. 959 959 -- 961 961 ofofvol. American Archives Archives (Washington, (Washington, D.C., D.C., 1837 1837 -- 1852), 1852), ed. ed. Peter Peter Force. Force. American Drayton, Memoirs Memotrs, , I, I, p. 9.9. John John Drayton, p. 254. 254. 10. and the 10. William William Henry Henry Drayton Drayton and the American American Revolution Revolution, , p. p. 118. 118. Gadsden Gadsden usually usually is is given given this this credit. Drayton’s action is is recorded recorded in in the the Journals Journals ofof the the Provincial Provincial Congress Congress (Charleston, (Charleston, 1776). 1776). credit. Drayton’s action 11. annexation by South 11. Drayton’s Drayton’s greatest greatest failure failure was was in in Georgia—where Georgia—where he he suggested suggested annexation by South Carolina, and and was was thereafter thereafter thrown thrown out out of of the the state. state. Carolina, 12. Drayton almost almost always circumstance.He 12. Drayton always argued argued from from authority, authority, history history and and circumstance. He was was very very disturbed by the treatment of possessions, not disturbed by the treatment of the the colonies colonies as as if if they they were were possessions, not parts, parts, of of Great Great Bri­ Britain. argument was always to tain. His His mode mode of of argument was itself itself always to the the contrary contrary of of that that British British view. view. Yet Yet he he claimed no more than the claimed no more than the “unalienable “unalienable rights rights peculiar peculiar to to Englishmen”. Englishmen”. 13. 13. John John Drayton, Drayton, Memoirs Memoirs, , I, I, pp. pp. 231, 231, 253, 253, and and 309. 309. William William Henry Henry Drayton Drayton intercepted intercepted the dispatch pouches. the royal royal mails mails and and opened opened the the dispatch pouches. The The letters letters he he found found there there proved proved that that some and slaves was being some plan plan involving involving Indians Indians and slaves was being considered. considered. Arthur Arthur Lee, Lee, the the colonial colonial agent agent for in Charleston for Massachusetts, Massachusetts, also also wrote wrote his his friends friends in Charleston to to that that effect. effect. 14. 261. 14. John John Drayton, Drayton, Memoirs Memoirs, , I, I, p. p. 261. 15. II am indebted to to the the Huntington Huntington Library for copies copies of of these these materials. materials. 15. am indebted Library for 16. 16. The The style style of of Drayton’s Drayton’s 1771 1771 Freeman Freeman letters letters is is that that of of affected affected elegance elegance and and heavy heavy irony. irony. Drayton’s Drayton’s craft craft in in his his chosen chosen forms forms improved improved with with remarkable remarkable rapidity. rapidity. 17. AA Letter Letter From From Freeman Freeman of of South-Carolina South-Carolina, , p. p. 37. 37. 17. 18. From From Drayton’s Drayton’s “Charge ‘‘Charge to to the the Grand Grand Jury Jury at at Camden, Camden, November November 55 and and 15, 15, 1774”, 1774”, 18. Force, p. p. 960. 960. The The resemblance resemblance to to certain passages in in the writings of of Edmund Edmund Burke Burke is is ob­ obForce, certain passages the writings vious. contemporaries drew vious. Drayton Drayton and and his his English English contemporaries drew from from the the same same sources. sources. 19. A A Letter Letter From From Freeman Freeman of of South-Carolina South-Carolina, , p. p. 4. 4. Bernard Bernard Bailyn Bailyn on p. 283 of The The Ideological Ideological 19. on p. 283 of Origins of the the American American Revolution Revolution (Cambridge: (Cambridge: Harvard Harvard University University Press, Press, 1967), 1967), identifies identifies Origins of Drayton century radical”. Drayton as as an an “eighteenth “eighteenth century radical”. He He is is generally generally unaware unaware of of Old Old Whig Whig revolutionary colonial America. See also also p. revolutionary sentiment sentiment in in colonial America. See p. 46 46 of of this this influential influential book. book. 20. A A Letter Letter From From Freeman Freeman of of South-Carolina South-Carolina, , pp. 20 and 20. pp. 20 and 24. 24.

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AA Better Better Guide Guide Than Than Reason Reason 21. focus on 21. The The focus on matters matters judicial judicial may may have have undermined undermined Drayton’s Drayton’s sense sense of of form form in in the the

case of this this composition. composition. For For his his petition petition should should have have been been placed placed just before his his peroration. peroration. case of just before And should have the weaknesses of And according according to to the the laws laws of of rhetoric, rhetoric, he he should have put put less less emphasis emphasis on on the weaknesses of the power ofof Drayton’s Drayton’s letter the colonial colonial courts. courts. The The accumulative accumulative power letter is is diminished diminished by by having having itsits final proceduresfor for appeal. appeal. Though Though the the peroration final pages pages entangled entangled in in disputes disputes over over procedures peroration repairs repairs some of of this this damage. damage. some

22. Freeman” isis the 22. As As Drayton Drayton notes notes (p. (p. 88 of of A A Letter Letter From From Freeman Freeman of of South-Carolina South-Carolina),), “‘Freeman’? the pseudonym of Right. pseudonym of of the the speaker speaker in in the the Petition Petition of Right. But But that that persona persona does does not not show show the the legal legal hand as as obviously obviously as as does does William William Henry Drayton. hand Henry Drayton. 23. Ibid., pp. pp. 11, 11, 13, 13, 43. 43. 23. Ibid., 24. Ibid., Ibid., pp. 24. pp. 22 22 -- 23. 23. 25. Ibid., p. 30. 30. 25. Ibid., p. 26. 26. William William Henry Henry Drayton, Drayton, “Charges “Charges to to the the Grand Grand Jury, Jury, O Of f general general session session held held at at Charlestown 1776 Charlestown 1776 and and 1777, 1777, commending commending the the constitution constitution as as established established by by Congress Congress March American empire March 26th, 26th, 1776; 1776; the the rise rise of of American empire and and other other topics, topics, with with presentments presentments of of the the jury jury appended. appended. At At an an adjournment adjournment of of the the court court of of General General Sessions Sessions of of the the Peace, Peace, Oyer Oyer and and Terminer, Assize and General Gaol held at Terminer, Assize and General Gaol Delivery, Delivery, held at Charlestown Charlestown for for the the district district of of Charlestown, Before the Henry Charlestown, on on Tuesday, Tuesday, the the 23d 23d day day of of April, April, 1776— 1776—Before the Honorable Honorable William William Henry Drayton, his Associate of the Drayton, Esq. Esq. Chief Chief Justice, Justice, and and his Associate Justices Justices of the Colony Colony of of South-Carolina.” South-Carolina.” Reprinted inin John John Drayton’s Reprinted Drayton’s Memoirs, Memotrs, II, II, pp. pp. 259 259 -- 274. 274: 260. This 27. Ibid., p. 27. Ibid., p. 260. This praise praise of of George George II II belies belies any any theory theory that that Drayton Drayton was was opposed opposed to to monarchy monarchy in in principle. principle. 28. 265. 28. Ibid., Ibid., p. p. 265. 29. Ibid., Ibid., p. p. 264, 264, the the arming arming of of Negroes, Negroes, for for instance. instance. 29. 30. Ibid., p. p. 265. 265. 30. Ibid., 31. Ibid. Ibid. 31. 32. lbid., p. p. 270. 270. 32. Ibid., 33. Ibid., p. p. 271. 33. Ibid., 271. 34. Richard 34. Ibid., Ibid., p. p. 274. 274. Drayton Drayton argues argues in in this this fashion fashion in in his his “To ‘“To Their Their Excellencies Excellencies Richard Viscount and William General, of ajesty’s Viscount Howe, Howe, Admiral; Admiral; and William Howe, Howe, Esq; Esq; General, of his his Britannick Britannick M Majesty’s Forces in in America” America” (Charlestown: (Charlestown: Peter Peter Timothy, Timothy, 1776). 1776). Forces 35. “A “A Charge, On the the Rise of American American Empire, Empire, Delivered Delivered by by the the Hon. Hon. William William Henry Henry 35. Charge, On Rise of Drayton, Esq., Esq., Chief-Justice Chief-Justice of South-Carolina: To To the the Grand Grand Jury Jury for for the the District District of of Drayton, of South-Carolina: Charlestown” Bruce, 1776). Charlestown” (Charlestown: (Charlestown: David David Bruce, 1776). 36. 36. Drayton, Drayton, in in this this address, address, moved moved toward toward a a ideological teleological rhetoric rhetoric and and spoke spoke with with con­ confidence fidence of of God’s God’s direct direct involvement involvement in in American American successes. successes. A A bit bit of of political political religion religion was was good propaganda. propaganda. But But itit is is out out of of keeping keeping with with the the rest rest of of his his rhetoric. rhetoric. good 37. concerning British 37. Drayton’s Drayton’s theories theories concerning British weaknesses weaknesses and and American American strengths strengths are are further further developed the Howes “The Genuine Spirit of Tyranny, Exemplified developed in in his his letter letter to to the Howes and and in in “‘The Genuine Spirit of Tyranny, Exemplified in in the Commissioners, Sent Sent by of Great-Britain, delude or the Conduct Conduct of of the the Commissioners, by the the King King of Great-Britain, To To bully, bully, delude or bribe, Inhabitants of States, Out and Property. bribe, the the Inhabitants of the the American American States, Out of of their their Freedom Freedom and Property. With With an an Answer and Governor Answer to to the the Declarations Declarations of of the the Commissioners, Commissioners, and Governor Johnstone” Johnstone” (Poughkeepsie, (Poughkeepsie, New Holt, 1778). New York: York: John John Holt, 1778). Drayton’s Drayton’s argument argument in in both both of of these these essays essays is is that that the the King’s King’s servants of value. servants are are offering offering nothing nothing of value. 38. 38. “A “A Charge Charge on on the the Rise Rise of of the the American American Empire”, Empire”, p. p. 4. 4. 39. Ibid., Ibid., pp. pp. 10 10 -- 11. 11. For For recent recent support support of of Drayton’s Drayton’s reading reading of of Dutch Dutch history, history, II recom­ recom39. mend C.V. W Wedgwood’s William the the Silent Silent (New (New York: York: W.W. W.W. Norton Norton & & Co., Co., 1968). This mend C.V. edgwood’s William 1968). This biography an Old heldenleben. biography is is an Old Whig Whig heldenleben. 40. Ibid., [bid., p. p. 23. He invokes the spirit spirit of of Lucius Lucius Junius Junius Brutus. Brutus. 40. 23. He invokes the

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The The Legacy Legacy of of William William Henry Henry Drayton Drayton 41. esq.chief chiefjustice justice of 41. “The ‘The speech speech of of the the hon. hon. William William Henry Henry Drayton, Drayton, esq. of South South Carolina, Carolina, delivered on on the twentieth January, January, 1778, 1778, in in the the general general assembly—resolved assembly—resolved into into the the com­ comdelivered the twentieth mittee of of the the whole whole upon the articles articles of of the the confederation confederation of of the the United United States States of of America”, America”’, mittee upon the reprinted on on pp. pp. 193 193 -- 207 207 of of William William Henry Henry Drayton and the the American American Revolution. Revolution. For For comment comment reprinted Drayton and on the American on this this segment segment of of Drayton’s Drayton’s career, career, see see John John R. R. Alden, Alden, The The South South in in the American Revolution, Revolution, 1763-- 1789 1789 (Baton (Baton Rouge: Rouge: Louisiana Louisiana State State University University Press, Press, 1957), 1957), pp. pp. 219 219 -- 220. 220. 1763 42. Ibid.y Ibid., pp. pp. 204 204 -- 05. 05. 42. 43, Ibid., p. p. 194. 43. Ibid.f 194. 44. Ibid., p. p. 197. 197. His His source source is is Beccaria’s Beccaria’s 1765 1765 Treatise Treatise on Punishments. 44. Ibid., on Crimes Crimes and and Punishments. 45. Drayton Drayton voted voted to to deny deny statehood statehood to to Vermont Vermont because because it it would would strengthen strengthen Northern Northern 45. influence. See See William William Henry Drayton and and the the American American Revolution, Revolution, p. p. 173. 173. He He also also quarreled quarreled with with influence. Henry Drayton Henry Laurens in 1778 1778 when when his his fellow fellow Carolinian seemed to put New New England England fishing fishing rights rights Henry Laurens in Carolinian seemed to put ahead of of aa chance chance for for peace peace that that would would protect protect their their state state from from further further war North ahead war damage. damage. North Carolina delegates delegates wrote to Charleston Charleston praising praising Drayton Drayton as as the true defender defender in in the the Carolina wrote to the South’s South’s true Continental Congress. Congress. Continental 46. Ibid., Ibid., p. p. 206. 46. 206. 47. point made made by by Charles Charles M. M. Gray Gray on on p. p. xxv xxv of his “‘‘Editor’s Introduction” to to Sir Sir 47. ItIt isis aa point of his Editor’s Introduction” Matthew ale’s The of Chicago Matthew H Hale’s The History History of of the the Common Common Law Law of of England England (Chicago: (Chicago: University University of Chicago Press, 1971) that that Old Whigs almost almost always always reform reform by by restoration, restoration, by by bringing bringing back back “the “the old, old, Press, 1971) Old Whigs normal order” which which has has been been lost. lost. normal order”

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III PART III

PART

FRANKLIN FRANKLIN AND AND JEFFERSON: JEFFERSON: THE MAKING AND AND BINDING BINDING OF THE MAKING OF SELF SELF For continuity in our For an an inquiry inquiry into into the the elements elements of of historical historical continuity in our cultural cultural inheritance inheritance sustained sustained or or even even strengthened strengthened by by the the American oeuvre of American Revolution, Revolution, aa comparison comparison of of the the chef chef d’ d’ oeuvre of Benjamin Benjamin Franklin Franklin and and Thomas Thomas Jefferson Jefferson isis an an inevitable inevitable component. component. Franklin, deal for Franklin, of of course, course, wrote wrote aa great great deal for publication—enough publication—enough to to be minor man only one be accounted accounted aa minor man of of letters. letters. And And Jefferson Jefferson wrote wrote only one full book, full book, his his Notes Motes on on the the State State of of Virginia Virginia (Paris, (Paris, 1785; 1785; London, London, 1787).' But not for for our our purposes purposes unjust unjust to to set set Jefferson’s Jefferson’s book book 1787).1 But itit isis not about his over against about his state state over against Franklin’s Franklin’s masterpiece, masterpiece, aa book book about about himself. Not himself. Not unjust unjust to to compare compare the the latter’s latter’s Autobiography Autobiography (a (a portion portion in 1791 ; more in French French in in 1791; more completely completely in in English English in in 1818) 1818) to to aa work work so so completely its contemporary, and completely its contemporary, so so rational rational and and practical practical and thoroughly more thoroughly Unitarian.2 Unitarian.? Who, Who, say say the the older older authorities, authorities, could could more resemble resemble Franklin Franklin than than the the author author of of the the Declaration Declaration of of Independence, labors of older Philadelphian Independence, in in whose whose labors of revision revision the the older Philadelphian had played played aa helpful helpful part? part? Who so close close to to the the printer/ printer/ had Who so philosopher/inventor philosopher/inventor as as the the planter/philosopher/inventor? planter/philosopher/inventor? But But if, if, with these these assumptions, assumptions, we we look look closely closely at at the the works works in in question, question, with the be instructive, to what the results results will will be instructive, and and somewhat somewhat contrary contrary to what these these scholars say. say. scholars Recent critical Franklin’s selfRecent critical study study quite quite properly properly connects connects Franklin’s selfportrait with the spiritual portrait with the inclusive inclusive tradition tradition of of dissenting dissenting spiritual autobiography.’ Along Along with the teleological teleological history, history, the the sermon of autobiography.3 with the sermon of warning or Jeremiad, and the anthem or devotional, the accounting warning or Jeremiad, and the anthem or devotional, the accounting 137 137

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to to posterity posterity for for aa life life well well spent spent and and useful useful to to instruction instruction (for (for others, others, and for and for self, self, concerning concerning ground ground lost lost or or gained) gained) is is as as much much one one of of the the dominant literary genres genres informing informing the the Puritan Puritan inheritance inheritance as as are are dominant literary the heroic heroic travel travel narrative, narrative, the the plantation plantation novel, novel, and the description description the and the of easily available available Edens Edens (immigration propaganda) constitutive constitutive of of of easily (immigration propaganda) its alternative. And therefore aa mode its Southern Southern alternative. And therefore mode of of Puritan Puritan self­ selfcomprehension. The The distinctions implicit in in these these very very different different comprehension. distinctions implicit kinds of will be this es­ kinds of imaginative imaginative activity activity will be aa subsidiary subsidiary teaching teaching of of this essay: distinctions distinctions between between the the Southern Southern and and other of say: other kinds kinds of American imagination. American imagination. Also Also suggested suggested is is the the significance, significance, in in the the long run, run, of of aa national national preference preference for for such modes of of self­ selflong such modes comprehension. But But for our proximate ends it it is is best best to to begin begin with with comprehension. for our proximate ends Franklin and and with with the the self-congratulatory self-congratulatory handiwork handiwork of his old old age: age: Franklin of his the of his would not be altogether ab­ the locus locus of his assertion assertion that that ““. . .. . . it it would not be altogether absurd thank God among the surd if if aa man man were were to to thank God for for his his vanity vanity among the other other comforts of life” life” (p. (p. 49). 49). The The Autobiography Autobiography is, is, of of course, course, unfinished. unfinished. comforts of AA Ulysses Ulysses figure figure cannot cannot be be shown shown in in death. death. Decorum Decorum requires requires this this concession. his function fellowmen to concession. For For his function is is to to prepare prepare his his fellowmen to live live life life to not to of godly to the the hilt, hilt, not to instruct instruct them them in in the the art art of godly dying—as dying—as in in the the conclusion ather’s portraits of the conclusion of of Cotton Cotton M Mather’s portraits of the principal principal saints saints of of Massachusetts Bay Bay in in his his Magnalia Magnalia Christi Christi Americana Americana. . Indeed, Indeed, Massachusetts Franklin does does not not bring bring his his account account down down even even so far as as the the period period Franklin so far of his his pre-Revolutionary pre-Revolutionary activities activities as as aa representative representative of of the the colonies colonies of in England. England. He He was, was, he he reminds us repeatedly, repeatedly, such such aa busy busy man. man. in reminds us He wishes wishes us us to take his his recollections recollections as as the the offhand offhand reflex reflex of of his his ac­ acHe to take tivities and tivities and as as aa response response to to the the entreaty entreaty of of friends. friends. Besides, Besides, he he believes of how believes that that the the most most important important part part of of his his story story is is of how it it began, began, that only aa little little reminding reminding of of his final success success would would be be necessary necessary that only his final to to make make his his point. point. For For Franklin’s Franklin’s report report is, is, as as D.H. D.H. Lawrence Lawrence suggests, suggests, of of how how he he invented, invented, created created himself; himself; then then of of how how he he got got ahead; and and of how we we may may do do likewise likewise (p. (p. 43).4 43).* ahead; of how AA key the Autobiography the key to to this this organizing organizing pattern pattern in in the Autobiography is is the reiterated presence presence of of lists lists of maxims scattered scattered throughout throughout its its text. text. reiterated of maxims Franklin tells us most of Franklin tells us that that he he acquired acquired early early most of the the qualities qualities or or vir­ virtues which which make make for for advancement advancement and and credit credit among among men. men. By By his his tues 138 138

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own admission saw virtue own admission he he saw virtue in in precisely precisely this this light, light, as as aa subdivision subdivision of Indeed, he planned from early on on to to write write aa of ‘‘policy”. “policy”. Indeed, he planned from very very early

pamphlet entitled pamphlet entitled “The ‘““The Art Art of of Virtue” Virtue” (p. (p. 157). 157). It It isis proper proper that that we we pause for aa moment moment with with that that word “art”. It It means means artifice. artifice. pause for word “art”.

Melville caught his portrait Melville caught its its significance significance in in his portrait of of the the sage sage in in Israel Israel

His His Franklin Franklin is is nothing nothing in in himself, himself, but but merely merely calculation calculation and and aa certain certain irony irony about about the the drama drama of of conflicting, conflicting, isolated isolated in­ individualities which he takes takes for for the the norm norm of life. Or Or perhaps perhaps itit is is dividualities which he of life. better better said said that that Franklin Franklin invented invented aa series series of of persons, persons, each each of of whom whom he pleasant to to project project for for aa time. time. What What he he called called “reason” “reason” he found found itit pleasant was their their common common denominator. denominator. Yet, Yet, as as he he also tells us, us, “‘So conwas also tells So con­ venient aa thing thing it it isis to to be be aa reasonable reasonable creature creature, , since since it it enables one to to venient enables one find or or make make a a reason for everything everything one one has has aa mind mind to to do” do” (p. (p. 88). find reason for 88). Franklin isis nothing nothing more more or or less less than than Vhomme /’homme moyen moyen sensuel sensuel, , in in aa Franklin very low low key. key. His His art art is is finally finally so so well well developed developed as as to to require require of of him him very even “a ‘“‘a few faults in himself, to to keep keep his his friends friends in in countenance” countenance”’ even few faults in himself, (p. authorities tell (p. 136). 136). The The authorities tell us us that that Franklin’s Franklin’s apotheosis, apotheosis, which which stands stands mostly mostly beyond beyond the the period period of of this this narrative, narrative, came came in in his his career as as aa diplomat. diplomat. And And perhaps perhaps he would have have included included all all of of career he would that glamorous glamorous story, story, had death not not cut cut him him off off in the midst midst of that had death in the of aa final two kinds final revision.5 revision.’ But But there there are are two kinds of of diplomat—at diplomat—at least least two; two; and one one of of them, them, the absolute chameleon chameleon who who does does not not exist exist apart and the absolute apart from his office, dangerous thing from his office, is is aa very very dangerous thing to to be. be. With With the the other other com­ common variety variety the the man man isis always always visible visible underneath underneath the the mask. mask. We We mon might think think of the late late John Foster Dulles opposed to to might of the John Foster Dulles asas opposed Talleyrand—or good Duke of Wellington cer­ Talleyrand—or the the good Duke of Wellington in in contrast contrast to to aa certain Washington. tain student student of of Metternich Metternich of of recent recent influence influence in in Washington. Franklin’s Franklin’s friend, friend, Benjamin Benjamin Vaughan, Vaughan, tells tells him him in in aa letter letter which which the in his his composition the autobiographer autobiographer included included in composition that that one one value value of of the that Franklin “ashamed of the book book should should be be in in showing showing that Franklin is is “ashamed of no no origin; important as little necessary origin; aa thing thing the the more more important as you you prove prove how how little necessary all origin origin is is to to happiness, happiness, virtue virtue or or greatness” greatness” (p. (p. 137). man of of no no all 137). AA man origin is is nobody nobody—a Citizen of of the the World, World, no no citizen at all. all. —a Citizen citizen at origin Which brings brings us us to the problem problem with with Franklin Franklin as as aa model model for Which to the for Americans Americans of of his his time time and and in in the the days days to to come—a come—a problem problem which, which, Potter. Potter.

139 139

AA Better Better Guide Guide Than Than Reason Reason despite parallels in in their their intellectual intellectual positions, positions, Jefferson’s Jefferson’s Notes Notes on on despite parallels far II have, have, of of course, does not raise. Thus far course, been been

the State State of of Virginia Virginia does not raise. Thus the

emphasizing what II take take to to be be the the main thrust of Franklin’s emphasizing what main thrust of Franklin’s

life—an life—an atomistic atomistic individualism individualism and and prudent prudent exploitation exploitation of of the the possibilities unformed society. society. But possibilities available available in in aa new new and and unformed But there there are are other facets facets to to the the man. man. While While on on the the one one hand, hand, he he enjoyed enjoyed other Philadelphia Philadelphia precisely precisely because because he he could could bend bend itit to to his his crafting crafting will will and and make make of of it it aa place place to to exercise exercise the the considerable considerable scope scope of of his his various talents talents for for “projecting”, ‘‘projecting”’, on on the the other he accomplished accomplished aa various other he great many many feats feats in protecting from from intemperance intemperance of spirit the the great in protecting of spirit regime hoped to into what now call regime which which he he hoped to see see transformed transformed into what we we now call “‘an open open society’’. His diplomacy diplomacy prior to Lexington Lexington and and Concord Concord “an society”. His prior to was altogether altogether to to the the purpose purpose of of binding binding in in unison unison the the fractious fractious was components of of an an irrational, irrational, customary, customary, and and “‘closed”’ British Em­ Emcomponents “closed” British pire. Even Even his attempts to to organize organize aa continental continental congress congress during during pire. his attempts the French French and and Indian Indian War War and and the the early early disputes over the the Stamp Stamp the disputes over Act were were efforts at producing producing aa very very limited limited freedom freedom for for the the Act efforts at American colonies: a freedom within the British imperial system. American colonies: a freedom within the British imperial system. Moreover, Franklin Franklin was was at at home home in in London, London, while while he he only only “en­ “enMoreover, joyed” his his years years at at Passy. Passy. Therefore Therefore the the moral moral resemblance resemblance of of his joyed” his Autobiography to to Francis Francis Bacon’s Bacon’s Essays Essays marks marks him personally as as an an Autobiography him personally English of aa very who, English modern modern of very temperate temperate sort: sort: aa “rational” “rational”? Whig Whig who, nonetheless, unmistakably English. English. nonetheless, remains remains unmistakably Much of of the the given given identity identity of Franklin’s culture culture he he preferred preferred to to Much of Franklin’s keep as as it it was—though was—though not not on on prescriptive prescriptive grounds. grounds. In In no no way way is is he he keep radical by but radical radical only only by With the the aa radical by disposition, disposition, but by belief. belief. With wealthy of of his city he he preserved preserved aa special special relationship. relationship. He He was wealthy his city was anything but leveller. Lofty Lofty station station was was his his great great pleasure—the pleasure—the anything but aa leveller. recollection that that he had stood stood before before kings kings and and dined dined at at their table recollection he had their table (p. 144). 144). And And he he loved loved for for its its own own sake sake his his skill skill as as aa printer, printer, first first (p. earning the the regard regard of of his his fellow fellow Philadelphians Philadelphians because because he he made made no no earning pretense one thing pretense of of modesty modesty in in being being this this one thing that that he he truly truly was. was. His His genuine genuine art art he he practiced practiced with with pride. pride. Even Even so, so, Franklin’s Franklin’s Philadelphia of of 1765 1765 -- 1787 1787 gives gives me me pause. pause. And And especially especially the the part part Philadelphia he to play assuredly aa he was was allowed allowed to play in in its its formation. formation. It It is is most most assuredly cosmopolitan city, not like Charleston, cosmopolitan city, not like Charleston, New New York, York, or or even even Boston. Boston. 140 140

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There is is no doubt that that it it was to dislike the unctuous Dr. There no doubt was difficult difficult to dislike the unctuous Dr. Franklin, Franklin, no no doubt doubt that that he he wished wished to to be be liked. liked. But But aa city city full full of of gentlemen of of his persuasion released released to to perform perform their their nature was gentlemen his persuasion nature was precisely the the kind place Adams, Henry, and precisely kind of of place Adams, Henry, and its its own own John John Dickin­ Dickinson son were were afraid afraid to to see see shaping shaping the the character character of of their their new new country. country. Rebels not, they Rebels or or not, they were were not not that that revolutionary. revolutionary. The The new new ultraultrademocratic Pennsylvania Pennsylvania Constitution Constitution of of 1776 1776 disturbed disturbed them. them. And And democratic did not not come from nowhere. nowhere. II am afraid D.H. D.H. Lawrence Lawrence is is correct itit did come from am afraid correct in his his final final judgment judgment of of the the progenitor progenitor of of this this spirit spirit of of innovation: innovation: in ‘The pattern pattern American, American, this dry, moral, moral, utilitarian utilitarian little democrat, “The this dry, little democrat, has done done more more to to ruin ruin the the old Europe than any Russian Russian nihilist. nihilist. He He has old Europe than any has by slow home and has done done it it by slow attrition, attrition, like like any any son son who who stayed stayed home and obeyed his his parents, parents, all all the the while while silently silently hating their authority, authority, and and obeyed hating their silently, soul, destroying silently, in in his his soul, destroying not not only only their their authority authority but but their their whole existence.’” whole existence.”6 Jefferson’s Notes Notes on on the of Virginia lacks the the human interest Jefferson’s the State State of Virginia lacks human interest and of Franklin’s small masterpiece. Our and the the calculated calculated drama drama of Franklin’s small masterpiece. Our third third President President is is never never the the rhetorician rhetorician that that Dr. Dr. Franklin Franklin so so ob­ obviously and 157, 164, viously and self-consciously self-consciously set set out out to to be be (pp. (pp. 72, 72, 124, 124, 157, 164, and and 180).’ But But the the difference difference hardly begins there. there. For For one one thing, thing, no no 180).7 hardly begins well-bred Southerner Southerner of that time time would would have have felt felt free free to to convert convert the the well-bred of that events for achievement achievement of events of of his his life life into into aa published published blueprint blueprint for of success in in this this world world or or felicity felicity in in the the next. next. Neither Neither would would he he put put it it success down that the appearance appearance of of virtue virtue was was what what signified—instead signified—instead of of down that the its substance (p. 159). 159). This This confusion confusion of of manners manners with with sanctimony sanctimony its substance (p. localizes localizes elsewhere elsewhere within within the the boundaries boundaries of of the the Republic. Republic. True True enough, enough, Jefferson Jefferson proposes proposes many many improvements improvements in in his his society; society; and and he might might have have endorsed endorsed the the maxim maxim that that ““‘self-love social are are he self-love and and social the same.” same.” But But he he never forgets that that he he speaks speaks from from the the inside inside of of an an the never forgets extant order, a regime less than malleable, whose communal extant order, a regime less than malleable, whose communal character gives gives protection protection and and support support to to his his own own individuality individuality and and character to that that of of the the plain plain yeoman yeoman neighbors neighbors who who surround surround him him in in to Albemarle Albemarle County.’ County.8 II am am prepared prepared to to entertain entertain the the hypothesis hypothesis that that had had Jefferson Jefferson not been been so so ““‘incorporated”’ person, he he might might have have become become the the not incorporated” aa person, sort of his older sort of public public force force that that we we recognize recognize in in his older contemporary contemporary 141 141

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A Better Guide

from Pennsylvania. Pennsylvania. O Or r perhaps perhaps something much more more sinister. For from something much sinister. For as Page Smith has recently insisted, there is a dark and secret qualias Page Smith has recently insisted, there is a dark and secret quali­ ty all the ty about about the the man, man, something something hidden hidden behind behind all the documen­ documentation.’ But But Jefferson did belong belong to to the the world world described described by Thomas tation.9 Jefferson did by Thomas Perkins Perkins Abernethy Abernethy and and Charles Charles S. S. Sydnor.10 Sydnor.'® And And when when he he writes writes or or speaks consumption itit isis always speaks for for general general consumption always the the voice voice of of Thomas Thomas Jefferson Jefferson of of Virginia Virginia that that is is heard, heard, even even when when encouraging encouraging other other citizens in the founding of uni­ citizens of of the the Old Old Dominion Dominion to to assist assist him him in the founding of aa university. he proposes versity. For For the the “advanced” ‘‘advanced”’ school school which which he proposes is is to to be be aa place protect young place to to protect young Virginians Virginians from from unhealthy unhealthy doctrines doctrines propounded at Princeton, Princeton, Harvard, Yale, and and other propounded at Harvard, Yale, other “‘dark dark Federalist Federalist mills” mills” hostile hostile to to “their “their own own country.”11 country.’ Jefferson Jefferson speaks speaks as aa countryman, countryman, devoted devoted to to aa concept concept of of virtue which only only aa as virtue which “closed”, “closed”, agrarian agrarian regime regime is is likely likely to to produce produce or or sustain. sustain. The of Virginia The explicit explicit purpose purpose of of Notes Notes on on the the State State of Virginia is is to to define define that order order and the physical physical circumstances circumstances of of its existence in in that and the its existence answering answering twenty-two twenty-two queries queries proposed proposed to to him him by by Francois, Francois, Marquis Barbé-Marbois, plenipotentiary Marquis de de Barbé-Marbois, plenipotentiary of of the the French French govern­ government ment to to the the Continental Continental Congress Congress in in Philadelphia. Philadelphia. Jefferson Jefferson began began this work of itit by this work in in 1780 1780 and and had had finished finished most most of by 1784. 1784. The The first first half half of of the the book, book, the the curious curious naturalism naturalism of of his his reply reply to to the the Count Count de de BufBuffon (a fon (a French French scholar scholar who who maintained maintained that that the the New New World World had had aa debilitating effect on all all resident resident species), species), we we may may set set aside aside as as debilitating effect on Jefferson’s Jefferson’s concession concession to to the the interest interest of of his his audience—and audience—and perhaps perhaps as as an an early early outburst outburst of of Southern Southern chauvinism. chauvinism. What What II wish wish to to close close attention attention isis less first reading. to call call to less obvious obvious at at first reading. Look, Look, for for in­ instance, the boundaries stance, in in query query one, one, on on the the legal legal status status of of the boundaries of of Virginia history and Virginia as as aa place place defined defined by by history and prescript prescript (pp. (pp. 33 -- 4); 4); at at query each charter query thirteen, thirteen, where where he he pleads pleads “our “our ancient ancient laws”, laws”’, each charter or or constitution built upon constitution built upon its its predecessor predecessor (p. (p. 127); 127); and and at at its its sequel, sequel, query fourteen “the continuing query fourteen where where he he acknowledges acknowledges “‘the continuing authority authority of” the common common law law of of England, England, by by which which is is meant meant “that “that part part of of” the of the the oldest the English English law law which which was was anterior anterior to to the the date date of of the oldest statutes statutes . . . ” (p. crea­ extant extant...” (p. 137). 137). The The legal legal entity entity that that is is Virginia Virginia is is not not aa creation according to “the ‘“‘the school school of of strict strict reason.” reason.” Nor Nor will will it it become become tion according to 142 142

The of Self The Making Making and and Binding Binding of Self

such such aa creation, creation, even even after after aa little little minor, minor, republican republican revision. revision. The The land characteristics are irrational given”, land and and its its characteristics are an an ““‘irrational given’, one one that that prevents might require prevents cities, cities, though though theory theory might require them them (p. (p. 109), 109), that that rewards the cultivation of wheat, though tobacco brings more profit rewards the cultivation of wheat, though tobacco brings more profit in this stubborn stubborn checking in cash cash (p. (p. 168). 168). But But this checking of of human human designs designs by by the the real real would would be be no no trouble trouble to to any any of of the the young young lawyers lawyers trained trained by by Wythe. of the Wythe. Indeed, Indeed, no no representative representative of the English English legal legal tradition tradition from Bracton Bracton and and Fortescue Fortescue to to Coke and beyond beyond is is a a “rationalist “‘rationalist in in from Coke and politics”.12 in connection any other politics”.'? Nor Nor aa rationalist rationalist in connection with with any other questions questions of hig”. Their of prudence. prudence. And And particularly particularly no no “country “‘country W Whig”. Their intellec­ intellectual habitus ran counter to argument from definition. What “ natural tual Aabitus ran counter to argument from definition. What “natural rights’”’ meant meant to to them them would would have have been been unintelligible to the the rights” unintelligible to simplistic find in simplistic follower follower of of Rousseau, Rousseau, who who would would find in history history his his villain. was an much so villain. Jefferson, Jefferson, to to be be sure, sure, was an optimist—as optimist—as much so as as aa com­ common visionary cum mon law law man man and and aa Virginian Virginian could could be. be. And And aa visionary cum rationalist in in his his capacity as aa private private man. man. But But the the form form of of Notes Notes on on rationalist capacity as the of Virginia the State State of Virginia specifies specifies that that such such rationalism rationalism works works within within “boundaries”—the ““boundaries’’—the title title of of his his first first query, query, and and great great theme theme of of his his book. And these boundaries grew to be more and more distinct book. And these boundaries grew to be more and more distinct with the passage passage of of years. years. with the But develop this But to to develop this distinction distinction between between modes modes of of discourse, discourse, legal legal and and philosophical, philosophical, prudential prudential and and ideological, ideological, and and to to under­ undermine the received of the the Master Master of of Monticello Monticello sanctioned by mine the received myth myth of sanctioned by the conventional misreading misreading of of the the Declaration Declaration of of Independence Independence the conventional and and related related bits bits of of amiable amiable speculation, speculation, let let us us consider consider what what Jeffer­ Jefferson has to to say say in in his his book book about about the the Negro Negro and irrefrangible reality. reality. son has and irrefrangible The nervousness natural history” The nervousness of of his his ““‘natural history” in in this this connection connection (to (to say say nothing of marks Jeffer­ nothing of the the space space itit occupies occupies in in so so small small aa work) work) marks Jefferson’s awareness son’s awareness that that among among his his intended intended audience audience were were many many enlightened souls enlightened souls who who would would not not share share his his antiuniformitarian antiuniformitarian assumption of men, assumption that that all all men, men, and and all all categories categories of men, are are not not by by nature the same, that civilization civilization is is aa delicate delicate plant plant to to be be cultivated cultivated nature the same, that and - 64). Hence and preserved preserved (pp. (pp. 58 58-64). Hence his his tone tone is is tentative tentative and and moderate, his argument extreme.13 He of moderate, and and his argument elaborate elaborate in in the the extreme.’ He can, can, of course, with the whether oror course, dispense dispense quickly quickly with the normative normative question question of of whether 143

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not not slavery, slavery, and and especially especially Negro Negro slavery, slavery, is is good good for for the the manners manners of of republican society society (query (query eighteen). His answer answer is is an an unequivocal unequivocal aa republican eighteen). His no! tyrants do no! Petty Petty tyrants do not not confederate confederate well well with with their their less less authoritative fellows; fellows; and and besides, besides, Jefferson Jefferson is is consistent consistent with with the the authoritative ancients in maintaining maintaining that that aa republic republic should should be be racially ancients in racially homogenous—in our our case, case, Anglo-Saxon. Anglo-Saxon. Jefferson Jefferson disapproved, disapproved, we we homogenous—in should (p. should remember, remember, of of most most white white immigration immigration into into America America (p. 292). Which Which is is to to say say nothing nothing of of the the danger of servile servile insurrection insurrection if if 292). danger of there are many slaves—thanks there are too too many slaves—thanks to to Lord Lord Dunmore, Dunmore, so so real real aa question in in the the Virginia Virginia of of 1780 1780 that that it it made made revolutionaries revolutionaries of question of dozens who who would would have laughed at at tracts tracts and and speeches speeches on on the dozens have laughed the “rights an”.14 But “rights of of m man’’."* But there there isis no no escaping escaping the the burden burden of of his his in­ insistence that that manumission manumission must must be be linked linked to to repatriation and that that sistence repatriation and the freed his ideal com­ the freed Black Black will will never never be be aa suitable suitable citizen citizen for for his ideal commonwealth: the the inference that human human inequality, inequality, even ‘‘natural monwealth: inference that even inin “natural rights”’, is is so so radical radical aa fact fact of of nature nature as as to to threaten all the the beneficent beneficent rights”, threaten all prospects of prospects of Virginia Virginia detailed detailed in in the the remainder remainder of of the the volume—so volume—so radical that that freedom freedom of of the the slaves slaves without without repatriation repatriation would would mean mean radical genocide genocide for for either either one one race race or or the the other other (p. (p. 138). 138). No No misinter­ misinterpreting his his remark remark that that ““‘not their condition condition .. ... . but but nature nature... has preting not their . . . has produced the the distinction” (p. 142). no ignoring ignoring the ease with with produced distinction” (p. 142). And And no the ease which Jefferson Jefferson moves from moral moral outrage outrage to to cheerful cheerful anticipation anticipation which moves from of in slaves) slaves) of the the increase increase in in the the number number of of slaves slaves (and (and wealth wealth in another another twenty twenty years years will will bring bring (p. (p. 176).15 176).'> Lincoln Lincoln and and his his intellec­ intellectual heirs heirs have have hidden hidden from from us us how how little little Jefferson Jefferson may may have have meant meant tual by phrases” of have found found that that with by his his “literary “‘literary phrases” of 1776. 1776. II have with honest honest students students aa fairly fairly certain certain way way to to undermine undermine this this distortion distortion is is to to invite invite consideration of of query query fourteen, fourteen, the the long long discussion discussion of of the the Negro Negro aa consideration in Virginia Virginia law law (pp. (pp. 137 137 -- 143).16 143).'* To To say say nothing nothing of of his other com­ comin his other ments to point ments on on race—comments race—comments which which appear appear to point in in almost almost every every direction. direction. Which the already Which presents presents us us with with the the necessity necessity of of explaining explaining the already noted noted distance distance between between Jefferson’s Jefferson’s announced announced principles principles and and his his cautious political performance. performance. Though Though most notorious in in connec­ conneccautious political most notorious tion with with racial racial matters, this paradox paradox appears in his reaction to to tion matters, this appears in his reaction 144 144

The Making The Making and and Binding Binding of of Self Self almost every every important important question question pressed pressed upon upon him him by by his his times. almost times. And though though Jefferson Jefferson is is less less calculating calculating than Franklin, aa simple simple dis­ disAnd than Franklin, tinction tinction of of rhetoric rhetoric offers offers the the only only possibility possibility of of aa coherent coherent reading reading of his his ambivalence. ambivalence. For For it it is is in in broad broad rhetorical rhetorical terms terms that that we we may may of best the meaning authors of best interpret interpret the meaning of of “equality” ‘‘equality” to to the the authors of our our in­ independence, and propositions in dependence, and their their relation relation to to a@ priori priort propositions in general. general. The dichotomy dichotomy in in Jefferson’s Jefferson’s intellectual intellectual and moral life life is is less less than than The and moral itit seems. seems. To To steer steer his his “bark “bark with with hope hope in the head, head, leaving leaving Fear Fear in the astern” was to to be be addicted to the the expression expression of of broad broad sentiments sentiments of of astern” was addicted to an cast.'’ In In Jefferson’s Jefferson’s view, sanguine an expansive, expansive, optimistic optimistic cast.17 view, such such sanguine outpourings play play aa ceremonial, ceremonial, epideictic role as part of of our ‘“‘civil outpourings epideictic role as part our “civil religion’’. It It was was his his opinion opinion that that periodic periodic articulation articulation of of these these ad­ adreligion”. vanced and humanitarian vanced views views of of human human nature nature and humanitarian prospects prospects was was to to the purpose purpose of republican regime regime in in that that they they make make for for amity amity and the of aa republican and the do not the public public peace. peace. But But II do not concede concede that that these these expressions expressions make make of him him aa uniformitarian uniformitarian or or egalitarian egalitarian of of any now recognizable recognizable of any now variety. Enthusiasm Enthusiasm for for equality equality and and other other fond fond hopes hopes are are part part of of variety. the public public m man’s ad hominem hominem, , proof proof that that he he is is aa person of good good will. will. the an’s ad person of But it it is, is, in in this formula, understood understood that that such such hopes hopes may may not not steer steer But this formula, the ship of state they do not to the ship of state as as they do the the inner inner man, man, are are not to rend rend the the fabric fabric of the social social order order or the operations operations of of government government and and economy. economy. of the or the Taken in the the subjunctive, subjunctive, with Taken in with aa prior prior authority authority reserved reserved to to prudence prudence and and popular popular assent assent (the (the first first commandment commandment inin Jefferson’s Jefferson’s own religion), they they may, own political political religion), may, when when coming coming from from men men of of in­ influence, work work upon upon the the citizenry citizenry as as do do Jefferson’s Jefferson’s idealistic idealistic fluence, moments in in his his book—establish book—establish aa kind kind of of moräl moral authority what moments authority for for what isis being said. But as they being said. But only only if if circumscribed circumscribed and and contained, contained, as they are are in the the Notes. Notes. in Only for aa short of his an am­ Only for short while, while, when when out out of his element element and and an ambassador idea that his favorite bassador in in France, France, does does Jefferson Jefferson toy toy with with the the idea that his favorite theories complimentary complimentary of of the the species species might might be be translated translated into into the the theories language of of political political command. command. But But never never when when in in authority authority or or an an language official capacity capacity does does he he insist insist on on such such experiments. experiments. Otherwise Otherwise we we official could not not explain explain his his success success as as aa public man in Virginia less less in­ incould public man in aa Virginia clined to to “leave Fear astern”. astern’. Indeed, Indeed, after 1800 he he habitually habitually clined “leave Fear after 1800 145 145

AA Better Better Guide Guide Than Than Reason Reason referred to to those those who who made made such an insistence insistence as as the referred such an the “‘Holy Holy Alliance” of mere ‘“‘abstract principle’’.'* In a voice which echoed Alliance” of mere “abstract principle”.18 In a voice which echoed

all the Virginia Virginia statesmen statesmen of of the the great great generation generation (Madison (Madison and and all the John Marshall at times excepted), he could declare that theory and private conviction are are properties properties of of mind mind which which ““servants of private conviction servants of America are are not not at at liberty to follow.”19 follow.’”**® He distrusted systems; systems; and, and, America liberty to He distrusted even as aa savant, savant, he he scorned scorned aa priori priori propositions in practical even as propositions in practical politics.” If If the the enlightened enlightened should should find find their their fellow fellow citizens citizens laggard laggard politics.20 in their their perceptions perceptions of of lofty lofty truth, truth, there there was was no no help help but but to to await in await ““‘aa revolution revolution of of opinion.”21 opinion.” All say that as aa definitive expres­ All of of which which is is to to say that we we should should take take as definitive expression of First Inaugural.22 sion of Jefferson’s Jefferson’s American American politics politics his his First Inaugural.” Rigid Rigid adherence to to the the Constitution, Constitution, absolutely absolutely limited limited government, government, can can adherence secure to to any any administration popular assent. assent. And And that total as­ assecure administration aa popular that total sent sent makes makes for for aa government government strong strong enough enough to to perform perform even even the the most difficult of of its its legitimate legitimate responsibilities. responsibilities. It It follows follows that that any any most difficult administration support, whatever administration lacking lacking that that support, whatever principle principle itit acts acts up­ upon, Other opinions and on, will will not not be be strong. strong. Other opinions are are “theoretic ‘“‘theoretic and visionary’’. Jefferson’s Jefferson’s view view of of aa republican republican polity polity did did not not differ differ visionary”. greatly adversary for for the the place of leadership greatly from from that that of of his his major major adversary place of leadership in Virginia, Virginia, Patrick Patrick Henry. Henry. The The purposes purposes of of aa society society come come from from the the in ““genius” genius” of without by of the the people people and and are are not not imposed imposed from from without by the the federal power. power. The The alternative alternative is is “political ‘‘political intolerance” intolerance”’ under under the the federal name of of political political principle—intolerance principle—intolerance of of the the sort sort that that has brought name has brought “throes infected by “ isms” of “throes and and convulsions” convulsions” to to aa Europe Europe infected by the the “‘isms”’ of the the French French Revolution.23 Revolution.” Jefferson to be be sure, sure, defend the early early stages stages of of the the uprising uprising Jefferson did, did, to defend the in France. But even while he assisted the liberal gentry in their forin France. But even while he assisted the liberal gentry in their for­ mation of of aa lofty lofty doctrine, doctrine, he he entertained entertained no no doubt doubt that that “the “‘the King, King, mation the mass mass of of substantial substantial people people of of the the whole whole country, country, the the army, army, and and the the influential influential part part of of the the clergy form aa firm firm phalanx phalanx which must the clergy form which must prevail.’’* And later, later, as as President President and and in retirement, he actually prevail.”24 And in retirement, he actually recommended that the the French French restore ‘“‘the old old family” family”’ and and the the recommended that restore “the South Americans Americans accommodate accommodate themselves to the the haughty haughty domin­ dominSouth themselves to ion Spain.25 Which another indication ion of of Spain.?* Which is is another indication of of how how little little difference difference

John Marshall at times excepted), he could declare that theory and

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The Making Making and and Binding Binding of of Self Seif The he expected the proper proper ideas ideas to to make, make, if if dropped dropped down down into into an an in­ inhe expected the hospitable hospitable environment. environment. The The danger danger was was that that where where history history and and setting were against them too setting were against them, them, their their supporters supporters would would push push them too soon, too too far. result then then would would not not be be the the “temperate ‘“‘temperate liberty” liberty”’ soon, far. The The result familiar to to Americans—the Americans—the liberty liberty that that they they made made aa war war not not to to familiar create of freedom create but but to to protect protect (p. (p. 85). 85). Instead, Instead, the the cause cause of freedom would would suffer aa reverse. suffer reverse. Therefore, Therefore, it it is is almost almost predictable predictable that that Jefferson Jefferson would be aa patron would seem seem to to be patron for for almost almost every every normative normative proposal proposal ever ever aa part of America. America. For part of of the the political political discourse discourse of For amazement amazement at at the the many this country recom­ many kinds kinds of of Jeffersonianism Jeffersonianism that that this country has has seen, seen, II recommend mend Merrill Merrill Peterson’s Peterson’s The The Jeffersonian Jeffersonian Image Image and and the the American American Mind.” 6 And And yet yet II must must repeat repeat with with all all possible possible emphasis emphasis that that there there Mind.2 touchstone for apparent conflicts, conflicts, aa touchstone touchstone visi­ visiisis aa touchstone for sorting sorting out out apparent ble ble in in the the particular particular components components and and overall overall design design of of Notes Notes on on the the State State of of Virginia. Virginia. II refer refer to to Jefferson’s Jefferson’s constant constant commitment commitment to to politics from sovereignty in politics from the the bottom bottom up, up, popular popular sovereignty in the the deepest deepest sense Jefferson in closet can sense of of that that term. term. The The antithesis antithesis of of what what Jefferson in his his closet can affirm what Jefferson knowing Azs his differences affirm with with what Jefferson as as statesman, statesman, knowing differences with with his fis people, people, will will attempt attempt is is aa measure measure of of its its depth. depth. Virginia and Virginia has has an an identity, identity, derived derived from from aa particular particular history history and aa geography, geography, objectified objectified in in aa political political disposition disposition and and made made explicit explicit in in aa basically basically English English body body of of immemorial immemorial laws laws and and customs: customs: an an identity respects. And identity which which Jefferson Jefferson acknowledges acknowledges and and respects. And he he does does this principle. For this on on principle. For he he recognizes recognizes that that even even partial partial realization realization of of the the values that values to to which which he he is is attached attached depends depends upon upon the the protection protection of of that regime regime from from any any serious serious disruption. disruption. Only Only for for the the sake sake of of that that identi­ identity would he ty would he revise revise the the Virginia Virginia Constitution Constitution in in force force when when he he wrote—revise difficult to to wrote—revise it it to to make make it it more more difficult to change change and and less less easy easy to disrupt disrupt (pp. (pp. 118 118 -- 129). 129). True, True, he he sometimes sometimes chafes chafes at at these these restric­ restrictions, the past’s “dead hand”’. hand”. He tions, complains complains of of the past’s ‘‘dead He was, was, after after all, all, the the man who never stop rebuilding Monticello. Monticello. But But his his man who could could never stop rebuilding grumblings are are aa measure measure of of how how strong he felt felt the the identity identity to to be, as grumblings strong he be, as are his his reluctance reluctance to to submit submit all all of of his his proposed proposed revisions revisions of of the are the standing few standing Constitution Constitution and and his his concern concern with with preserving preserving all all but but aa few monarchist in office monarchist elements elements in in Virginia’s Virginia’s ancient ancient law. law. Once Once in office as as 147 147

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chief chief executive, executive, Jefferson Jefferson attempted attempted to to clear clear up up his his inconsistencies inconsistencies to his his French French friend, friend, the the philosopher philosopher Du Du Pont Pont de de Nemours: Nemours: to “What control what “What is is practicable practicable must must control what is is pure pure theory; theory; and and the the habits of of the the governed governed determine determine in in aa great great degree degree what what is is prac­ prachabits ticable.’””’ ticable.”27 Professor Peterson Peterson argues argues that that Jefferson Jefferson had had aa horror of ““‘selfProfessor horror of selfstyled styled guardians guardians of of the the public public interest” interest’? who who are are “heedless “heedless of of the the historic group of historic fabric fabric of of law law and and opinion.”28 opinion.’”* AA group of them them could could easily easily effect consolidation consolidation of of power power under under aa Napoleon, Napoleon, aa Cromwell, Cromwell, or or aa effect Cromwellian noble” despotism, with its Cromwellian cabal—a cabal—a “‘‘noble”’ despotism, with its character character dis­ disguised in in the the aspiring, aspiring, earnest earnest sound sound itit makes. makes. In In the the very very form form of guised of his we have Thomas Jefferson his Notes Notes we have persuasive persuasive evidence evidence that that Thomas Jefferson was was not aa politician politician of of that that breed, breed, in in the the pattern of his his responses responses to to the the not pattern of specific question put put to French emissary: first, aa specific question to him him by by the the curious curious French emissary: first, flat flat account account of of circumstances; circumstances; then then discussion discussion of of implications, implications, which lifts just aa bit bit in in tone; tone; then then proposals proposals for for development, development, all all which lifts just tentative in in nature, but in in aa form form restricted restricted by where he he begins. begins. tentative nature, but by where Indeed, Indeed, we we must must believe believe that that Jefferson Jefferson would would have have nothing nothing what­ whatsoever soever to to do do with with consolidation, consolidation, no no matter matter how how drastic drastic the the cir­ circumstances should cumstances that that might might seem seem to to require require the the expedient.29 expedient.” We We should recall his his violent hostility to to the the notion notion that that Virginia Virginia might might require require recall violent hostility aa dictator (pp. 126 129). Through dictator to to prosecute prosecute its its cause cause in in war war (pp. 126 -- 129). Through the link with the Constitution Constitution he he affirmed affirmed Virginia’s Virginia’s link with her her sister sister com­ commonwealths. monwealths. But But when when faced faced with with the the possibility possibility that that this this natural natural unity, forged forged in in the the Revolution, Revolution, would would by by extraordinary extraordinary and unity, and perhaps means be perhaps by by military military means be converted converted into into aa more more concentrated, concentrated, “energetic” instrument, instrument, he he (in (in 1798 1798 -- 1800) 1800) clearly clearly planned planned for for the the “energetic” secession secession of of the the South, South, driving driving before before him him in in reluctant reluctant assent assent even even the original original Federalist Federalist himself, himself, the the troubled troubled James Madison.” the James Madison.30 So So itit is is not not too too important important that that we we find find aa consistent consistent argument argument in in what Jefferson Jefferson says says about Blacks—that aa just just God God will will punish punish those those what about Blacks—that who keep keep them bonds (p. (p. 163), 163), that that they they are are sexually sexually somewhere somewhere who them inin bonds between (p. 138), between man man and and the the “oran-ootan” “‘oran-ootan”’ (p. 138), that that aa separate separate Negro Negro state dis­ state in in the the West West would would be be aa “blot “blot by by mixture” mixture” because because of of “real “real distinctions which nature made”. For For he tinctions which nature has has made”. he means means all all of of these these 148 148

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statements—some deliberative mode, the forensic statements—some in in the the deliberative mode, some some in in the forensic

and epideictic, depending depending on on the the context context in in which which they they occur occur and and and epideictic,

the the degree degree of of importance importance which which belongs belongs to to their their particular particular use. use. Just Just as of Independence—in as he he means means certain certain parts parts of of the the Declaration Declaration of Independence—in aa very very restricted restricted way, way, in in terms terms of of its its total total form. form. As As in in the the Notes Notes on on the the State State of of Virginia Virginia, , most most of of what what he he says says is is bound bound by by ineluctabilities: ineluctabilities: by by meridians meridians and and miles, miles, names names and and dates dates and and documents. documents. And And when the the question question is is “What ““What shall shall we we do?”, do?”’, Jefferson Jefferson never never pretends pretends when that did not exist: that he he can can give give an an answer answer as as ifif these these antecedents antecedents didnot exist: as as if if life started over life could could be be started over in in aa vacuum. vacuum. His His imagination imagination is is what what Donald Davidson Davidson calls calls ““submissive”. And this this quality quality links links his his Donald submissive”. And book in aa fashion cannot mis­ book to to the the rest rest of of Southern Southern literature literature in fashion we we cannot mistake. take. Lewis Simpson, in iden­ Lewis Simpson, in his his recent recent The The Dispossessed Dispossessed Garden Garden, , has has identified the the dominant dominant motif motif in in Jefferson’s Jefferson’s Notes Notes as as pastoral.31 pastoral.’' With With certified cer­ tain tain reservations, reservations, II agree. agree. For For Jefferson Jefferson does does glorify glorify the the life life of of the the in­ independent co-operation with, dependent farmer, farmer, the the life life of of co-operation with, not not domination domination of, of, the the given given creation. creation. But But Professor Professor Simpson Simpson isis troubled troubled by by his his recognition the difference recognition of of the difference in in tone tone separating separating queries queries fourteen fourteen and and eighteen eighteen (the (the anti-slavery anti-slavery outburst outburst under under the the heading heading of of “M anners”). Slavery, to ‘‘Manners”’). Slavery, he he writes writes “corrupts ‘‘corrupts the the mind”, mind”, according according to Jefferson, Jefferson, “with “‘with the the passion passion of of command” command”: : ““ .. .. . . it it not not only only severs severs the the connection connection between between the the mind mind of of the the master master class class and and the the soil, soil, but but it it defies defies the the very very scrutiny scrutiny of of mind.”32 mind.’”? But But according according to to my my reading, so closely closely reading, the the pastoral pastoral image image in in Horace Horace and and Virgil Virgil is is not not so connected connected to to the the Promethean Promethean culture culture of of mind mind as as this this comment comment seems seems to to assume. assume. And And it it is is customarily customarily associated associated with with a a little little benevolent benevolent slavery. slavery. And And with with all all other other inherited inherited or or traditional traditional in­ institutions—at least in these institutions stitutions—at least in so so far far as as these institutions consort consort well well with with confraternity “unofficially structured” confraternity and and an an “unofficially structured” social social regime. regime. Competition, Competition, the the commercial commercial spirit, spirit, and and the the assertion assertion of of personal personal rights have have no no place place in in the pastoral dream. dream. They They belong belong to to the the rights the pastoral world of Franklin, Franklin, which which is is anything anything but but pastoral. pastoral. And And to to another another world of kind of which the the uncircumscribed kind of republican republican theory: theory: aa theory theory in in which uncircumscribed self can can play play aa major major role. role. Pastoral, Pastoral, unless unless merely merely escapist, escapist, is is the the self 149 149

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product which says product of of the the submissive submissive imagination imagination which says yes yes to to the the providential in in the the human human condition condition and and works from that that datum datum to to providential works from achieve aa tentative achieve tentative beatitude. beatitude. So So much much is is true true even even of of the the hard hard pastoral of Sparta and pastoral of admiration admiration for for Sparta and the the Rome Rome of of the the Republic. Republic. Unlike Cato than Socrates, not Unlike his his French French friends, friends, Jefferson Jefferson is is more more Cato than Socrates, not aa full member of full member of the the Republic Republic of of Letters.33 Letters.** As As do do most most Southern Southern writers who come come before before and after his his time, time, he he keeps keeps only only one one foot writers who and after foot in that in that special special principality. principality. And And it it is is therefore therefore not not quite quite fair fair to to describe him (as I sometimes have) as our original “parlor pink” or describe him (as I sometimes have) as our original ‘“‘parlor pink” or “cocktail party libéral”. liberal”. We We should should leave leave that that game game to to the the am­ am“cocktail party bitious new bitious young young scholars scholars who who come come forward forward in in waves waves with with each each new publishing season season to to make make aa name name with with systematic anachronism publishing systematic anachronism and documented horror horror of of the the ancestral ancestral sins.34 sins.* For For even though and documented even though political prudence and and total total rootedness rootedness of of Jefferson’s Jefferson’s kind kind are are out of political prudence out of fashion, we we have have no no right right to to be be surprised surprised at at these these qualities qualities in in so so ab­ abfashion, solute solute aa Virginian Virginian of of the the 1780’s.-5 1780’s.”* Nor Nor should should we we expect expect chiliastic chiliastic politics from from aa man man always cognizant of of the the limits which “defy “‘defy the the politics always cognizant limits which scrutiny ind”, aa man scrutiny of of the the m mind’’, man for for whom whom some some things things were were settled settled before he he was was born born and others to to be be changed changed only only with with the authoribefore and others the authori­ ty of of that that settlement: settlement: aa man man who who writes writes that that “‘‘all the manna manna of of ty all the heaven raise the the bulk ammoth” heaven would would never never raise the Mouse Mouse to to the bulk of of the the M Mammoth” (p. 47). 47). (p. As As was was the the case case with with Franklin, Franklin, the the how how and and what what Jefferson Jefferson wrote, when he wrote deliberately, are one one and the same. same. As As aa peo­ peowrote, when he wrote deliberately, are and the ple gone with Franklin, with in ple we we have have gone with our our heads heads with with Franklin, with Jefferson Jefferson in our hearts. hearts. Americans in general, general, with with the the South South as as a a partial partial excep­ excepour Americans in tion, are are not not certain certain what what our our freedom means, or or in in what what connec­ connection, freedom means, tion may signify. tion it it may signify. O Orr perhaps perhaps it it is is better better said said that that we we understand understand Franklin well well enough, and only only hope hope to to understand understand what what Daniel Franklin enough, and Daniel Boorstin lost world”’.* world”.36 ItIt isis no Boorstin has has well well described described as as Jefferson’s Jefferson’s ““lost no wonder that that our our hearts hearts point point in in that that direction. direction. wonder

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NOTES NOTES 1.1. Thomas Thomas Jefferson, Jefferson,

Notes on on the of North Notes the State State of of Virginia Virginia (Chapel (Chapel Hill: Hill: University University of North

Carolina Press, Press, 1955). Peden. All Carolina 1955). Edited Edited with with an an Introduction Introduction and and Notes Notes by by William William Peden. All subse­ subse-

quent citations to to this this work work are are included included in in my my text. text. quent citations Benjamin Franklin, Franklin, The The Autobiography of Benjamin Benjamin Franklin Franklin (New (New Haven: Haven: Yale Yale Universi­ Universi2.2. Benjamin Autobiography of

ty Press, 1964). Edited Edited by by Leonard Leonard W. W. Labaree, Labaree, etal. etal. Subsequent Subsequent references references to to this this work work are are ty Press, 1964). included in in my my text. text. included 3.3. Daniel Daniel B.B. Shea, Spiritual Autobiography Shea, Jr., Jr., Spiritual Autobiography in in Early Early America America (Princeton: (Princeton: Princeton Princeton University Press, Press, 1968). 1968). Also Also Robert Robert Sayre’s The Examined Examined Self Self (Princeton: (Princeton: Princeton Princeton Univer­ UniverUniversity Sayre’s The sity Press, Press, 1964). 1964). sity D.H. Lawrence, Lawrence, Studies Studies in in Classic Classic American American Literature Literature (New York: Doubleday-Anchor, Doubleday-Anchor, 4.4. D.H. (New York: 1955), p. p. 20. 20. 1955), 5.5. Bruce Bruce I. I. Granger, Granger, Benjamin Benjamin Franklin: Franklin: An An American American Man Man of of Letters Letters (Ithaca, (Ithaca, N. N. Y.: Y.: Cornell Cornell University University Press, Press, 1964), 1964), p. p. 227. 227. Lawrence; pp. pp. 3030 - 31. 31. 6.6. Lawrence; All of of the passages mentioned here refer to skill skill in in the the manipulation of audience audience reac­ reac7.7. All the passages mentioned here refer to manipulation of tions—particularly reactions reactions to tions—particularly to self. self. 8.8. On On the paradox of of the the paradox of Jefferson’s Jefferson’s advanced advanced theoretical theoretical opinions opinions in in the the contradiction contradiction of the conservatism of day-to-day day-to-day politics, politics, see see R.R. R.R. Palmer’s Palmer’s The The Age of Democratic Democratic Revolution: A conservatism of Age of Revolution: A Political Political History History of of Europe Europe and and America America, , 17601760- 1800, 1800, vol. vol. II II (Princeton: (Princeton: Princeton Princeton University University Press, Press, 1964) 1964) pp. pp. 522 522 -- 525, 525, esp. esp. p. p. 522: 522: “He spoke for for aa kind kind of of liberty liberty and and equality equality that that had had long long existed existed in in America, America, and and did did “He spoke not have have to to be be fought fought for for as as in in Europe, Europe, aa liberty liberty that that meant meant freedom freedom from from government, an not government, and and an equality of kind that that obtained obtained among among yeoman yeoman farmers—a farmers—a way way of of life life that that had had been been equality of the the kind threatened by by British British policy policy before before 1775, 1775, and and was was threatened threatened by by Hamiltonian Hamiltonian policy policy after after threatened 1790....” 1790 Page Smith, Smith, Jefferson: Jefferson: A A Revealing Revealing Biography Biography (New (New York: York: American American Heritage Heritage Publishing Publishing 9.9. Page Company, 1976). 1976). Company, 10. 10. Thomas Thomas Perkins Perkins Abernethy, Abernethy, The The South South in in the the New New Nation, Nation, 17891789 - 1819 1819 (Baton (Baton Rouge: Rouge: Louisiana State University University Press, Press, 1961), 1961), pp. pp. ix ix -- xi; xi; Charles S. Sydnor, Sydnor, Gentlemen Gentlemen Freeholders: Freeholders: Louisiana State Charles S. Political Political Practices Practices in in Washington's Washington’s Virginia Virginia (Chapel (Chapel Hill: Hill: University University of of North North Carolina Carolina Press, Press, 1952). 1952). 11. Letter Letter to to General General James James Breckinridge, Breckinridge, Feb. Feb. 15, 15, 1821. 1821. 11. 12. 12. Herbert Herbert Butterfield, Butterfield, The The Englishman Englishman and and His His History History (Hamden, (Hamden, Conn.: Conn.: Archon Archon Books, Books, 1970). 1970). 13. See Donald the Structure 13. See Donald L. L. Robinson, Robinson, Slavery Slavery in in the Structure of of American American Politics, Politics, 17651765 - 1820 1820 (New (New York: Harcourt Harcourt Brace Brace Jovanovich, Jovanovich, Inc., Inc., 1971) p. 89. 89. York: 1971) p. 14. For contrary view view to to the the effect effect that that owning owning slaves slaves had had aa positive positive purchase purchase on on the the 14. For aa contrary manners and and public public spirit spirit of of most most Virginia Virginia planters, planters, see see pp. pp. 51-55 of John John Taylor Taylor of of manners 51 - 55 of Caroline’s Arator Arator (Petersburg, Va.: John John Carter, Carter, 1818; 1818; new new edition edited and with an an In­ InCaroline’s (Petersburg, Va.: edition edited and with troduction troduction by by the the author, author, Indianapolis: Indianapolis: Liberty Liberty Classics, Classics, 1977). 1977). A A cognate cognate argument argument has has recently been been advanced by Edmund Edmund S. S. Morgan Morgan in in his his American American Slavery, Slavery, American American Freedom Freedom (New (New recently advanced by York: W.W. W.W. Norton Norton & & Company, Company, 1975). 1975). York: 15. Jefferson isis here thinking of as aa 15. A A passage passage often often overlooked overlooked in in the the commentary. commentary. Jefferson here thinking of slaves slaves as property an American war fleet. property to to be be taxed, taxed, defending defending his his plan plan for for financing financing an American war fleet. In In the the context context of the the larger larger national national identity identity and and its its economic prospects he he can can be be quietly quietly enthusiastic enthusiastic of economic prospects about also William and the about slave slave multiplication. multiplication. See See also William Cohen’s Cohen’s “Thomas ““Thomas Jefferson Jefferson and the Problem Problem of of Slavery”, Journal of 526; esp. Slavery’, Journal of American American History History, , LVI LVI (December, (December, 1969), 1969), 503 503 -- 526; esp. p. p. 518, 518, where where Cohen quotes Jefferson’s Cohen quotes Jefferson’s advice advice to to his his manager manager (1815) (1815) on on slave-breeding slave-breeding for for profit. profit.

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16. in one on law, section 16. It It is is natural natural that that he he should should speak speak in one voice voice in in aa query query on law, in in another another in ina asection on manners, manners, and and in in aa third third when when he he is is thinking thinking of of Blacks Blacks as as the the tax-producing tax-producing property. property. on 17. “H ead” here 17. Letter Letter to to John John Adams, Adams, April April 8, 8, 1816. 1816. “‘Head” here signifies signifies “bow”. ‘“‘bow”. 18. 18. Letter Letter to to John John Adams, Adams, Jan. Jan. 22, 22, 1821; 1821; to to John John Holmes, Holmes, April April 22, 22, 1820. 1820. 19. Merrill Merrill D. D. Peterson, Peterson, Thomas Thomas Jefferson Jefferson and and the the New New Nation: Nation: A A Biography Biography (New (New York: York: O Ox-x­ 19. ford University Press, 1970), 1970), p. p. 290. 290. ford University Press, 20. Peterson, pp. 770. 20. Peterson, pp. 45 45 and and 770. 21. p. 999; him not 21. Peterson, Peterson, p. 999; Jefferson Jefferson to to Edward Edward Coles, Coles, Aug. Aug. 25, 25, 1814. 1814. Jefferson Jefferson told told him not to to free his his slaves slaves and and emigrate emigrate to to Illinois Illinois but but to to “‘reconcile yourself to to your your country country and its un­ unfree “reconcile yourself and its fortunate condition” condition” by by being being the the best best possible possible Virginia Virginia slaveholding slaveholding planter. fortunate planter. 22. The of Independence of his his British 22. The Declaration Declaration of Independence is is the the last last expression expression of British politics—or politics—or aa transition transition from from those those to to his his American. American. 23. here gloss gloss the the First First Inaugural. Inaugural. It It is is readily available in Edward Dumbauld’s Dumbauld’s The The 23. II here readily available in Edward Political Wntings Writings of of Thomas Thomas Jefferson (Indianapolis: The The Bobbs-Merrill Bobbs-Merrill Company, Company, Inc., Inc., 1955), 1955), Political Jefferson (Indianapolis: pp. 41 41 -- 45. 45. pp. 24. 24. Quoted Quoted in in Smith, Smith, p. p. 222. 222. 25. Letter to John John Adams, Adams, Jan. Jan. 22, 22, 1821; 1821; Peterson, Peterson, pp. pp. 745 745 -- 746; 746; 936 936 -- 937. 937. 25. Letter to 26. The Jeffersonian American Mind 26. Merrill Merrill D. D. Peterson, Peterson, The Jeffersonian Image Image in in the the American Mind (New (New York: York: Oxford Oxford University University Press, Press, 1960). 1960). 27. Jefferson Jefferson to to Du Du Pont Pont de de Nemours, Nemours, Jan. Jan. 18, 18, 1802. 1802. 27. 28. Peterson’s Thomas Jefferson Jefferson and and the the New New Nation Nation, , pp. pp. I111ll and and 703. 703. 28. Peterson’s Thomas 29. Ibid., pp. 436, 700. 29. Ibid., pp. 436, 689, 689, 698, 698, and and 700. 30. 623 -- 625; 625; also also Smith, Smith, pp. pp. 243 243 -- 251. 251. 30. Ibid., Ibid., pp. pp. 623 31. Lewis Lewis Simpson, Simpson, The The Dispossessed Dispossessed Garden Garden (Athens: (Athens: University Georgia Press, Press, 1975), 1975), 31. University ofof Georgia pp. 24 24 -- 33. 33. These These remarks remarks form form aa counterpoint to my my comments comments on on Jefferson’s Notes. See See also also pp. counterpoint to Jefferson’s Notes. Leo M Marx’s Machine in tn the the Garden Garden (New (New York: York: Oxford University Press, Press, 1964), pp. 117 117 -Leo arx’s The The Machine Oxford University 1964), pp. 144. 144. 32. Simpson, Simpson, p. p. 30. 30. 32. 33. Simpson argues for for the the growth growth of of aa Republic Republic of of Letters Letters in in the the South, community 33. Simpson argues South, aa community beyond community, community, linked linked to others throughout throughout the the Western Western world, world, and and distanced from their their beyond to others distanced from homeland by by this this intellectual and imaginative imaginative allegiance. allegiance. Monticello Monticello isis its its symbolic symbolic Southern homeland intellectual and Southern headquarters. See See also also Simpson’s Simpson’s The Man of Letters in in New New England England and the South South (Baton (Baton headquarters. The Man of Letters and the Rouge: Louisiana Louisiana State Press, 1973), 1973), pp. pp. 229 229 -- 255. 255. Rouge: State University University Press, 34. Slavery in 1765-1820 isis an 34. Robinson’s Robinson’s Slavery in the the Structure Structure of of Amencan American Politics Politics, , 1765-1820 an example example of of this this comment. Better Better (but closely related) D. Jordan’s White Over comment. (but closely related) is is Winthrop Winthrop D. Jordan’s White Over Black Black: : American American At­ Attitudes Toward Toward the Negro, 1550-1812 1550-1812 (chapel (chapel Hill: Hill: University of North North Carolina Carolina Press, Press, 1968), 1968), pp. pp. titudes the Negro, University of 430-436. 430-436. 35. David David Brion Brion Davis, Davis, The The Problem Problem of of Slavery Slavery in in the the Age Age of of Revolution Revolution, , 1770-1823 1770-1823 (Ithaca, (Ithaca, 35. N.Y.: Cornell University University Press, Press, 1975), 1975), pp. pp. 169-184. 169-184. Especially Especially pp. pp. 182-183: 182-183: “Jefferson “‘Jefferson .. .. .. N.Y.: Cornell gave expression expression to to the the genuine genuine conviction conviction that that his his power power to to do do good good depended depended on on . .. .. . his his gave social Jefferson’s commit­ social identity.” identity.” His His exchange exchange with with Edward Edward Coles Coles (1814) (1814) “dramatized “dramatized Jefferson’s commitment his ‘country’.” ment to to his ‘country’.” 36. Daniel J. J. Boorstin, Boorstin, The Lost World World of Thomas Jefferson Jefferson (Boston: (Boston: Beacon Beacon Press, Press, 1960). 1960). 36. Daniel The Lost of Thomas John C. C. Miller, Miller, The The W Wolf by the the Ears: Ears: Thomas Thomas Jefferson Jefferson and and Slavery Slavery (New (New York: York: The The Free Free Press, Press, John olf by 1977). 1977).

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ALL TO TO DO DO OVER: OVER: ALL THE REVOLUTIONARY PRECEDENT PRECEDENT AND THE REVOLUTIONARY AND THE THE SECESSION SECESSION OF OF 1861 1861 As we we seem seem almost almost determined determined to to forget, forget, the the most important As most important component of the the Bicentennial component of the celebrations celebrations of of the Bicentennial year year should should be be the the recovery recovery of of aa political political teaching teaching from from the the record record of of our our national national origins. Otherwise some origins. Otherwise our our festivities festivities are are merely merely empty empty shows. shows. Yet Yet some of us from that foreknow that of us turn turn away away from that obligation obligation because because we we foreknow that the the result us uncomfortable result of of such such pious pious meditation meditation can can only only make make us uncomfortable with with the the political political configurations configurations which which presently presently masquerade masquerade as as the the legitimate Others conceal legitimate progeny progeny of of those those memorable memorable events. events. Others conceal aa fierce the prescription fierce hostility hostility to to the prescription of of 1776 1776 in in vocal vocal devotion devotion to to the the ““‘spirit”’ spirit” of of the the Revolution—a Revolution—a phantasm phantasm best best honored honored in in the the distor­ distortions group do tions of of its its letter.1 letter.' A A still still larger larger group do not not care care for for questions questions of of meaning, familiar trough meaning, so so long long as as the the familiar trough is is full full when when the the time time for for swill reputable swill comes comes round. round. Yet Yet even even though though some some of of our our most most reputable scholars persuade us scholars labor labor to to persuade us otherwise, otherwise, there there were were few few Americans Americans in the previous in the previous century century who who were were indifferent indifferent to to the the patrimonial patrimonial revolutionary revolutionary model. model. Or Or doubtful doubtful of of its its importance. importance. Or, Or, especially especially in the they were were in the South, South, confused confused about about what what it it required required of of them them if if they to be worthy worthy of of its its benefactions. benefactions. But But of all earlier earlier American American com­ comto be of all ments on the the political political burden burden of of the the Revolution Revolution (and (and with with it, it, the the ments on Declaration of Independence), most telling, telling, intensive, intensive, and and un­ unDeclaration of Independence), the the most animous that articulated articulated by by aa particular particular group group of of Southerners Southerners animous isis that operating in the the public public arena arena in in 1860 1860 and the authors authors of of the the operating in and 1861, 1861, the movement for regional regional independence. These men men knew knew intimately intimately the the movement for independence. These history of colonial colonial separation separation from from Great Britian. And And upon upon the the history of Great Britian. 153 153

AA Better Better Guide Guide Than Than Reason Reason precedent of of that that history, history, they they supported at least least half of their their precedent supported at half of defense of what they they were were about.2 about.? That the founders founders of of the the defense of what That the Southern Confederacy Confederacy were were emulating emulating the the struggles struggles and and sacrifices sacrifices Southern of their their ancestors ancestors seemed seemed to to them them the the obvious obvious fact fact of of their of their situation.’ It It is is less less apparent apparent to to our our generation generation only because we we situation.3 only because have been been encouraged encouraged to to read read both both of of these these conservative conservative counter­ counterhave revolutions—reactions against against dangerous dangerous innovations innovations on on the the part part of of revolutions—reactions an executive executive authority—in authority—in another another light. light. But But the the older which an older view, view, which emphasizes emphasizes their their similarities, similarities, is is easily easily reconstituted reconstituted from from the the words words and and deeds deeds of of the the persons persons involved. involved. And And with with it it some some instructions instructions concerning concerning the the protection protection -of of the the public public liberty liberty as as useful useful today today as as they were were during during those those two two turning turning points points in in our collective ex­ exthey our collective perience. perience. Stated Stated briefly, briefly, the the fathers fathers of of the the Southern Southern Confederacy Confederacy saw saw their secession secession as an attempt to preserve preserve aa precious precious heritage, heritage, aa their as an attempt to known and and agreed agreed upon upon social, social, cultural, cultural, and and political political arrangement arrangement known developed in an an unbroken unbroken continuum continuum from from reverenced reverenced antecedents, antecedents, developed in aa regime in the the best best sense sense of of the the term. term. And And so so did did the the rebels rebels against against regime in George III. Neither Neither group group in in creating creating what what was was in in fact fact to to be be aa new new George III. nation intended intended anything anything more more than than the the preservation, preservation, intact, intact, of of nation their part part of of an an older older one—a one—a preservation preservation by by amputation. amputation. Both Both their were conspiracy against were convinced convinced that that aa conspiracy against their their inherited inherited rights rights and and liberties had had achieved achieved control control of of the the central central government, government, that that final liberties final authority over authority over their their lives lives was was in in the the hands hands of of men men who who did did not not represent or show security of their lives represent them them or show any any concern concern for for the the security of their lives and property or or for for their their hopes hopes of of aa posterity. posterity. Indeed, Indeed, their their subjec­ subjecand property tion to to the the moral moral and economic whims whims of of these these new new and and swollen swollen tion and economic authorities had as an an end end in in itself. itself. And, though authorities had been been announced announced as And, though respectful of of their their past past connections connections to to this this remote remote but but now now hostile hostile respectful center of felt no the example center of power, power, they they felt no hesitation hesitation in in pleading pleading the example of of that past past to what they they perceived perceived as as obnoxious obnoxious alterations alterations of of that to resist resist what its nature: nature: unsanctioned unsanctioned changes, changes, however however high-sounding be its high-sounding might might be the terms terms employed employed to to rationalize rationalize their their introduction. introduction. And And their their the stubbornness proportion to Yankee verbal ef­ stubbornness was was almost almost in in proportion to the the Yankee verbal effrontery ofof calling like the frontery calling old old ways ways new. new. Not Not rebels rebels like the Puritans Puritans of of the the

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1640’s of France—with plan to replace their 1640’s or or the the Jacobins Jacobins of France—with no no plan to replace their enemies enemies in in the the seats seats of of national national power, power, they they simply simply resigned resigned from from the full the whole whole of of which which they they had had been been aa part, part, taking taking with with them them aa full code of of law law and and a a disposition disposition to to their their own own new unity under under the the old old code new unity and familiar familiar constitutional forms. They, They, as states, enacted enacted and constitutional forms. as separate separate states, that then, once stood ready that will will to to unity unity and and then, once recombined, recombined, stood ready to to defend defend themselves. back under themselves. When When the the threat threat of of force force to to dragoon dragoon them them back under the sway sway of of aa newly newly energetic energetic and and ambitious ambitious executive executive was was added added to to the legal and and verbal verbal provocations provocations and and the election of hostile legal the election of aa_ hostile legislature in legislature in Washington, Washington, the the pattern pattern was was complete. complete. Independence Independence was the prospect was aa thing thing forced forced upon upon them, them, finally, finally, by by the prospect of of violence. violence. But not not for for “‘light and transient transient causes” causes”’ did did they they dissolve dissolve the the bond. bond. But “light and There There was was simply simply no no choice choice if if they they were were to to remain remain themselves, themselves, preserve hard-earned sense rectitude, and and enjoy enjoy the preserve their their own own hard-earned sense of of rectitude, the name of honor in the memory name of honor in the memory of of their their sons. sons. Most of of this this argument argument from from the the analogy analogy to to 1776 1776 (and (and therefore therefore Most most of of this this reading of the the Revolution) Revolution) receives receives its its official official exposi­ exposimost reading of tion from from the the chief chief magistrate magistrate of of the the new new republic republic on on the the occasion occasion of of tion his inauguration. inauguration. Its Its first first President President under under the the ““Permanent Governhis Permanent Govern­ ment of of Confederate Confederate States”, States’’, Jefferson Jefferson Davis, Davis, seized seized this opportuniment this opportuni­ ty to to wrap wrap himself himself in in the mantle of of the the leader leader of of the the “Old “Old ty the mantle Revolution”.4 22, 1862, the birthday Revolution’’.* The The date date is is February February 22, 1862, the birthday of of George Washington. And the scene an inaugural arrangement George Washington. And the scene an inaugural arrangement beneath other revolutionary beneath Richmond’s Richmond’s monument monument to to that that other revolutionary chief­ chieftain. Therefore Therefore the the results results are meant to to be be aa kind kind of of official official state­ statetain. are meant ment rationale of they are passing aa ment for for the the rationale of secession. secession. That That they are in in passing reading of the American American Revolution Revolution is is indisputable. indisputable. reading of the Davis begins by the Davis begins by declaring declaring that that “the ‘‘the day, day, the the memory memory and and the purpose by expressing purpose seem seem fitly fitly associated.” associated.” He He continues continues by expressing gratitude for the trust trust deposited deposited in in his his care care and and moves moves from from that that gratitude for the apologia of the apologia directly directly into into aa narrative narrative of the antecedent antecedent circumstances circumstances which which have have brought brought him him to to this this place place and and day. day. As As in in so so many many Southern documents documents from from this this time, time, the the shadow shadow of Lincoln’s Southern of Lincoln’s speech hangs hangs over over Davis’ Davis’ performance. performance. That That the the “‘““House-Divided” House-Divided” speech Union was was to to be be made made “all “‘all one one thing thing or or all all the the other” other” signified that Union signified that 155 155

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aa purely terms of purely sectional sectional party party intended intended to to subvert subvert the the terms of the the com­ compact pact upon upon which which the the old old Union Union of of the the States States had had depended. depended. When When added to to the inflammatory language language of of abuse abuse and and vilification vilification which which added the inflammatory had surrounded its its triumph triumph at the polls, polls, the the success success of of this this princi­ princihad surrounded at the ple had obliged the South South to to invoke invoke aa principle principle of of its its own: own: that that conple had obliged the con­ tracts were to to honorable honorable men men a a sacred sacred obligation obligation and that to to leave leave tracts were and that their interpretation interpretation in in the the care care of of adversaries adversaries was was disloyalty disloyalty of of aa their more serious serious sort sort than than mere mere political political secession. secession. more Davis then then turns turns for for the the proof proof of of Southern Southern devotion devotion to to the the Davis original Constitution Constitution of of the the United United States States to to aa discussion discussion of of the the original terms and compares terms of of the the new new Southern Southern Constitution Constitution and compares its its operation operation with the the conduct conduct of of Mr. Mr. Lincoln, Lincoln, the the new Caesar of of the the North: North: with new Caesar For proof proof of the sincerity sincerity of of our our purpose purpose to to maintain maintain our our ancient ancient in­ inFor of the stitutions, we we may may point point to to the Constitution of of the the Confederacy Confederacy and and the the stitutions, the Constitution laws enacted enacted under under it, it, as as well well as to the the fact fact that through all all the the laws as to that through necessities of of an an unequal unequal struggle struggle there there has has been been no act on on our our part part to to imnecessities no act im­ pair personal or the the press. pair personal liberty liberty or the freedom freedom of of speech, speech, of of thought, thought, or or of of the press. The courts The courts have have been been open, open, the the judicial judicial functions functions fully fully executed, executed, and and every of the citizen maintained every right right of the peaceful peaceful citizen maintained as as securely securely as as if if aa war war of of in­ invasion had had not not disturbed disturbed the the land.5 land.° vasion

This comparison complete, This comparison complete, President President Davis Davis looks looks directly directly at at the “the experiment experiment in­ the birth birth of of the the Old Old Republic Republic and and declares declares that that “‘the instituted by by our our revolutionary revolutionary fathers” fathers” was was aa voluntary voluntary Union Union of of stituted sovereign States States for for purposes purposes specified specified in in aa solemn solemn compact” compact” and and sovereign that force force could could not not be be aa part part of its preservation. preservation. It It would would be be “in­ “‘inthat of its tolerable tolerable to to aa proud proud people” people” that that they they should should remain remain in in the the Union Union while under under general general indictment indictment or or while threatened with with respect respect to to while while threatened their their right right of of self-government. self-government. Then Then he he adverts adverts with with satisfaction satisfaction to to the military military record record of of the the Confederacy Confederacy under under the the temporary temporary govern­ governthe ment whose term term had had just just expired. expired. He He foresees long struggle and ment whose foresees aa long struggle and much sacrifice sacrifice to to come. come. Yet Yet he predicts that, that, as as with with the the Old Old much he predicts Republic, Republic, the the common common experience experience of of aa revolutionary revolutionary struggle struggle “will “will be be the the bond bond of of harmony harmony and and enduring enduring affection affection amongst amongst the the people.” people.” The The fires fires of of battle battle will will forge forge aa Southern Southern character character as as they they had forged an an American American character character in in the century. AA few few had forged the previous previous century. words about about the the misnomer misnomer of of calling war of of conquest conquest aa “civil” “‘civil” words calling aa war war these hopeful hopeful thoughts. thoughts. And And then then he war follow follow these he perorates: perorates: 156 156

All Do Over: All toto Do Over: The The Secession Secession of of 1861 1861 Fellow citizens, citizens, after of ages consecrated the Fellow after the the struggle struggle of ages had had consecrated the right right of our of the the Englishman Englishman to to constitutional constitutional representative representative government, government, our colonial were forced appeal toto colonial ancestors ancestors were forced to to vindicate vindicate that that birthright birthright by by an an appeal arms. arms. Success Success crowned crowned their their efforts, efforts, and and they they provided provided for for their their posterity posterity aa peaceful peaceful remedy remedy against against future aggression. future aggression. The the most The tyranny tyranny of of an an unbridled unbridled majority, majority, the most odious odious and and least least responsible of despotism, responsible form form of despotism, has has denied denied us us both both the the right right and and the the remedy. sacrifices asas our remedy. Therefore Therefore we we are are in in arms arms to to renew renew such such sacrifices our fathers fathers made to the cause of hour of made to the holy holy cause of constitutional constitutional liberty. liberty. At At the the darkest darkest hour of our to the the Permanent Government. our struggle struggle the the Provisional Provisional gives gives place place to Permanent Government. After series of our arms arms with After aa series of successes successes and and victories, victories, which which covered covered our with glory, recently met heart of glory, we we have have recently met with with serious serious disasters. disasters. But But in in the the heart of aa people free these to stimulate in­ people resolved resolved to to be be free these disasters disasters tend tend but but to stimulate to to increased creased resistance. resistance. To show of the To show ourselves ourselves worthy worthy of the inheritance inheritance bequeathed bequeathed to to us us by by the the patriots Revolution, we emulate that patriots of of the the Revolution, we must must emulate that heroic heroic devotion devotion which which made made reverse reverse to to them them but but the the crucible crucible in in which which their their patriotism patriotism was was refined.6 refined.‘

Some ofof this language deserves very careful examination. Some this language deserves very careful examination. Instead of the the Rights of Man, the American as its Instead of Rights of Man, the American Revolution Revolution had had as its issue the the Englishman to constitutional representative issue the “right “right of of the Englishman to constitutional representative government”. rights were “consecrated” by government”’. And And these these rights were prescriptive, prescriptive, ‘“‘consecrated”’ by “the struggle of ages”. Davis commits himself and his nation to an “the struggle of ages”. Davis commits himself and his nation to an Old The spirit Old Whig Whig reading reading of of the the American American Revolution. Revolution. The spirit of of his his declaration 1688 and and the the Glorious Revolution. The declaration is is that that of of 1688 Glorious Revolution. The horror horror of rights isis implicit every utterance. of forfeiting forfeiting inherited inherited rights implicit in in his his every utterance. But But the appealed toto isis that the only only natural natural right right appealed that of of self-preservation. self-preservation. The The final lines of complete its final lines of his his address address complete its traditionalist traditionalist appeal appeal by by in­ invoking of God voking the the favor favor of God and and offering offering aa prayer prayer for for His His direction. direction. It It has modern scholars has been been aa mistake mistake of of the the modern scholars to to pay pay little little attention attention to to Jefferson thinker.7 Injustice admit that Jefferson Davis Davis as as aa political political thinker.’ In justice we we must must‘admit that there are arid arid moments disquisitions. But there are moments in in some some of of his his legal legal disquisitions. But at at least occasion, he least on on this this occasion, he articulated articulated one one of of the the central central teachings teachings of of American spoke for for almost his people, American politics politics and and spoke almost all all his people, regardless regardless of of their unavoidable significance fulcrum ofof his their station. station. It It is is of of unavoidable significance that that the the fulcrum his inaugural inaugural address address is is aa reading reading of of the the choice choice for for independence independence in in 1776 an insistence 1776 as as an insistence upon upon an an historic historic identity: identity: an an insistence insistence that that one of Englishmen one kind kind of Englishmen not not be be treated treated differently differently from from other other sharers sharers in in the the common common blood.8 blood.* 157 157

AA Better Better Guide Guide Than Than Reason Reason The analogy analogy of of our our first first Revolution Revolution was was in in the the minds minds of of many many The Southerners long long before before the the final final choice choice for disunion had been Southerners for disunion had been made. Yankee Yankee visitors visitors in in the the Charleston Charleston of of the the 1850’s 1850’s grew grew weary weary of of made. its And were or amused its reiteration. reiteration. And were puzzled puzzled or amused when when the the fiery fiery old old Ed­ Edmund advised William mund Ruffin Ruffin advised William Lowndes Lowndes Yancey Yancey of of Alabama Alabama to to call call aa meeting meeting of of Southern Southern leaders leaders on on July July 4, 4, 1858, 1858, so so that that they they might might invoke the the spirit spirit of of “the ‘“‘the disunionists disunionists of of 1776.’” For these these invoke 1776. ”9 For Northerners had been read their Northerners had been trained trained to to read their American American legal legal history history another another way. way. The The Revolution Revolution had had occurred occurred outside outside the the framework framework of “ natural rights” of isolated of British British law, law, was was concerned concerned with with the the “‘natural rights” of isolated individual men men or or with with the the surgings surgings of of aa new new national national spirit. had individual spirit. ItIt had been been aa break, break, aa total total “founding”. “‘founding”’. Only Only aa few few like like Horace Horace Greeley Greeley would concede concede that that ““ifif the the Declaration Declaration of Independence justified justified would of Independence the secession secession of of three three million million colonists colonists in in 1776, 1776, why why did not justify justify the did itit not the secession secession of of five five million million Southerners Southerners from from the the Federal Federal Union Union in in the 1861 ?”10 Yet, if we read the debates of the individual state secession 1861?’ Yet, if we read the debates of the individual state secession conventions, and the newspaper newspaper or or pamphlet pamphlet literature literature which which conventions, and the prepared the the way way for for those those gatherings, gatherings, we find general general evidence evidence of of prepared we find precisely that that argument.11 argument." Find Find it it over over and and over again. precisely over again. Consider, for an instance, the the “Declaration ‘‘Declaration of of the the Immediate Immediate Consider, for an instance, Causes Which Which Induce Induce and and Justify Justify the the Secession Secession of of South South Carolina Carolina Causes from the the Federal Federal Union” by the moderate C.G. C.G. Memminger: Memminger: “The from Union” by the moderate “The state Carolina, having state of of South South Carolina, having resumed resumed her her separate separate and and equal equal place among deems it it due due to to herself, herself, to to the the remaining remaining place among Nations, Nations, deems United States States of of America, America, and and to to the the Nations Nations of of the the world, world, that that she United she should should declare declare the the immediate immediate causes causes which which led led to to this this act.”12 act.’”"? What What follows is is aa narrative narrative of of events events leading leading up to the the Declaration Declaration of of follows up to Independence. The minimum minimum necessary necessary degree degree of of self-government self-government Independence. The was was even even then then the the issue, issue, determined determined on on the the principle principle that that “whenever of Government “whenever any any form form of Government becomes becomes destructive destructive of of the the ends for which it it was was established, established, itit is is the the right right of of the the people people to to alter alter ends for which or abolish abolish it, it, and to institute institute aa new new Government.” Government.”’ The The summary summary or and to for comparison comparison and for and appeal appeal to to precedent precedent continues continues through through the the con­ confirmation of of the the already already extant, extant, ex ex officio officio union union of of the states in in an infirmation the states an in­ strument of government and then uses it to declare that “We hold strument of government and then uses it to declare that ‘““We hold 158 158

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that great prin­ that Government Government thus thus established established is is subject subject to to the the two two great principles of and we we hold ciples of the the Declaration Declaration of of Independence; Independence; and hold further further that that the of its the mode mode of its formation formation subjects subjects it it to to aa third third fundamental fundamental princi­ principle, ple, namely: namely: the the law law of of compact. compact. We We maintain maintain that that in in every every com­ compact mutual; that pact between between two two or or more more parties, parties, the the obligation obligation is is mutual; that the the failure of contracting parties perform aa material failure of the the contracting parties to to perform material part part of of the the agreement entirely obligation of agreement entirely releases releases the the obligation of the the other.” other.” In In the the logic logic of (and Jefferson Jefferson Davis and Alexander of this this instrument instrument (and Davis and Alexander Stephens Stephens argued to the same effect) the equality of all men means argued to the same effect) the equality of all men means that that one one body to any other.13 Life, body of of citizens citizens are are as as citizens citizens equal equal to any other.” Life, liberty, liberty, and and hope hope signify signify freedom freedom under under aa law law which which is is the the same, same, within within its its scope, for all that scope scope, for all who who may may come come before before it. it. And And that scope is is never never great.14 great." In the view In the view of of these these earliest earliest genuine genuine secessionists, secessionists, aa strictly strictly sec­ sectional its own tional party party (by (by its own announcement, announcement, with with no no feeling feeling but but hostility hostility for one part all the for one part of of the the commonwealth) commonwealth) had had collected collected all the threads threads of of power into its hands, had achieved that power on the basis of a false power into its hands, had achieved that power on the basis of a false conception which made conception of of the the given given law law which made all all American American citizens citizens part part of aa unified its intention to abrogate of unified country, country, and and had had announced announced its intention to abrogate portions of the others. This (and the portions of the bond bond while while adding adding others. This compact compact (and the true union antecedent) was not, inin their opinion, like true union which which was was its its antecedent) was not, their opinion, like an office. aa contract contract drawn drawn up up in in an office. For For it it rested rested upon upon aa prior prior amity, amity, aa common history. And common blood blood and and history. And itit involved involved no no final final appeal appeal to to abstractions outside its (that is, abstractions outside its scope scope (that is, higher higher laws). laws). Its Its purpose purpose was was never to relationship of never to alter alter the the relationship of those those political political identities identities which which joined force. Mercantilism, joined to to give give it it force. Mercantilism, the the claim claim of of new new powers powers to to tax, tax, the Intolerable Acts, proscription, and the dispatch of troops com­ the Intolerable Acts, proscription, and the dispatch of troops compare the one one hand tariffs, refusal pare on on the hand with with one-sided one-sided tariffs, refusal to to enforce enforce selected selected laws, laws, closing closing of of the the territories territories to to Southern Southern settlers, settlers, Northern Northern reaction reaction to to John John Brown’s Brown’s raids, raids, and and the the threat threat of of the the “House-Divided” on the that the ‘“‘House-Divided” speech speech on the other. other. Except Except that the indignities indignities of were far of 1774 of 1860 1860 -- 61 61 were far worse worse than than those those of 1774 -- 1776. 1776. Many and Alexander Many Southerners Southerners (Gen. (Gen. Robert Robert E. E. Lee Lee and Alexander Stephens, of the colonial “middle Stephens, to to mention mention two) two) were were like like men men of the colonial ‘middle party”: they wanted, for the sake of propriety, to await the party”’: they wanted, for the sake of propriety, to await the onset onset of of 159 159

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violent invasion submission. And violent invasion from from those those who who insisted insisted on on their their submission. And some some of of that that company company (like (like George George E. E. Badger Badger of of North North Carolina Carolina and, once again, again, Gen. Gen. Lee) Lee) doubted doubted the the value value of of apologies apologies resting resting and, once

only on states’ rights or or the the refinements refinements of of contract contract theory. theory. But But they they only on states’ rights

did not not doubt the relevance relevance of of the “‘right of of revolution”, revolution’, as as clearly clearly did doubt the the “right defined by by the the English English Old Old Whig Whig tradition, tradition, to to their their situation. situation. If If defined even Lincoln did not deny deny that right, if if the the Great Great Emancipator even Lincoln did not that right, Emancipator went to to great great extremes extremes to to announce announce himself himself aa constitutionalist constitutionalist on on went that point, point, why why should should his his potential potential adversaries adversaries entertain another that entertain another opinion? As As their their statesmen statesmen had had told told them them repeatedly, repeatedly, from from the the opinion? England of of 1628 1628 and and 1689, 1689, the the Petition Petition of of Right Right and and Declaration Declaration of of England Rights (to (to say say nothing nothing of of the the Great Great Charter), to the the America America of of Rights Charter), to their their fathers fathers and and grandfathers grandfathers ran ran one one unbroken unbroken prescription: prescription: one one of to aa legal feel free of the the two two parties parties to legal connection connection cannot cannot feel free to to reinter­ reinterpret union for pret their their union for the the sake sake of of private private advantage: advantage: and and if if they they make make the attempt, attempt, the the other other party party is is released released from from obligation obligation to to them. them. the Indeed, even even the the ¢hreat of such such aggrandizement aggrandizement isis sufficient sufficient to to re­ reIndeed, threat of quire quire separation. separation. Speeches Speeches which which may may be be condensed condensed to to read, read, “You ‘‘You people are are beneath beneath our moral contempt, vile beyond beyond words, conpeople our moral contempt, vile words, con­ demned God and rights under demned by by God and man man for for insisting insisting on on your your rights under laws laws which we we helped helped you you to to make; make; but, but, even even so, so, you you may may be be confident confident which that that we we plan plan no no change change in in your your relation relation to to us us through through that that law” law” would reassure reassure only fools. And And the Southern leaders leaders were nothing would only fools. the Southern were nothing of the the kind. kind. Speaking Speaking out out of of their their consensus, consensus, Robert Robert Toombs Toombs of of of Georgia educated in Georgia told told the the Senate, Senate, “‘“‘II was was not not educated in the the school school of of passive obedience. obedience. II will will not not maintain maintain the the Union Union when when the the passive Constitution is is overthrown. overthrown. Obedience Obedience to to such such aa Union Union is is treason treason Constitution to the the Constitution.”15 Constitution.’”’ And And later, later, to to the the same same effect, effect, Jefferson Jefferson Davis Davis to in his his January January 21, 21, 1861, farewell to to the the same same assembly, assembly, in in refusing refusing in 1861, farewell to accept accept aa government government “which “‘which threatens threatens to to be destructive of of our our to be destructive rights’, declared, ‘“‘. . . we but tread the path of our fathers [as] we rights”, declared, “ . . . we but tread the path of our fathers [as] we proclaim our our independence independence and and take take the the hazard.”16 hazard.’”® And, And, finally, finally, proclaim Davis Davis again again in in his his Montgomery Montgomery inaugural inaugural as as Temporary Temporary President President of the the new new republic: ‘‘As aa necessity, necessity, not not aa choice, choice, we we resorted resorted to to of republic: “As the separation [and the remedy remedy of of separation [and have have by by that that means] means] labored labored to to 160 160

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preserve fathers in preserve the the Government Government of of our our fathers in its its spirit.”17 spirit.’”” Throughout Throughout the Davis had earlier seces­ the War War for for Southern Southern Independence, Independence, Davis had that that earlier secession And still the War, War, the com­ sion in in the the back back of of his his mind. mind. And still after after the the same same comparison, in his apology.18 And in the memoirs of the other Southern parison, in his apology.'* And in the memoirs of the other Southern chieftains who who survived chieftains survived the the strife, strife, their their song song is is one one of of continuity continuity and and preservation, change.19 preservation, not not invention invention or or change." Yet not only only the Confederate chieftains Yet it it was was not the Confederate chieftains who who reasoned reasoned in in this The explanation upon the this fashion. fashion. The explanation of of my my insistence insistence upon the represen­ representative of Davis’ 1862 Inaugural Inaugural isis the of equivalent equivalent tative quality quality of Davis’ 1862 the plethora plethora of statements come down ordinary Southerners statements which which have have come down to to us us from from ordinary Southerners speaking speaking in in their their private private capacities. capacities. And And from from the the aforementioned aforementioned records of their solemn assemblies, particularly during great records of their solemn assemblies, particularly during the the ““great secession winter” 1861. By examining the of the secession winter’’ of of 1860 1860 -- 1861. By examining the Journal Journal of the Secession 1861> we may discover un­ Secession Convention Convention of of Texas, Texas, 1861, we may discover evidence evidence of of an an understanding ofof the the original unlike that of derstanding original American American things things not not unlike that of Toombs and the Journal apparent that Toombs and Davis.20 Davis.” Throughout Throughout the Journal it it is is apparent that these frontier Southerners wished perceived asas moderate men, these frontier Southerners wished to to be be perceived moderate men, free “spirit ofof social social disorder”, examples inin all free of of any any “‘spirit disorder”’, and and that that their their examples all their deliberations deliberations are are the “ revolutionary forefathers ”21 After After their the “revolutionary forefathers of of ’76. ’76.’' accepting the for the accepting the Provisional Provisional Constitution Constitution for the Confederacy Confederacy sent sent over from Let every every over from Montgomery, Montgomery, they they urged urged their their neighbors, neighbors, ““Let man man compare compare the the new new with with the the old old and and see see for for himself himself that that we we still still cling to old constitution Through that cling to the the old constitution made made by by our our fathers.”22 fathers.’”? Through that instrument they “ to perpetuate instrument they hoped hoped ‘‘to perpetuate the the institutions institutions of of our our fathers.”23 They admired President fathers.””* They admired Davis’ Davis’ Inaugural Inaugural as as Temporary Temporary President as document worthy of the as aa ““document worthy of of the the primitive primitive days days of the Old Old Republic,”24 and called minute men”.25 Republic,”’* and called their their new new militia militia “‘‘“minute men”’.” They They even suggest that even went went so so far far as as to to suggest that the the South South model model its its flag flag on on the the old old banner banner of of the the original original Republic.26 Republic.” Yet they they are are most circulated “A Yet most interesting interesting in in their their widely widely circulated “A Declaration of the Causes Which Impel the State of Texas Declaration of the Causes Which Impel the State of Texas to to Secede from this document Secede from the the Federal Federal Union.”27 Union.’”’ The The prototype prototype for for this document isis the the Declaration Declaration of of Independence. Independence. It It begins begins with with aa general general theoretical government, goes on theoretical statement statement concerning concerning the the ends ends of of government, goes on to develop develop aa bill authority in to bill of of particulars particulars against against the the federal federal authority in 161 161

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Washington and and the Northern states, states, and and concludes concludes with with an an appeal appeal Washington the Northern to the the good good opinion opinion of of men men and and an an assertion assertion of of their their own honorable to own honorable rectitude. rectitude. For these these and and other reasons, solemnly solemnly asserting asserting that that the federal con­ conFor other reasons, the federal stitution has has been been violated violated and and virtually virtually abrogated abrogated by by the the several several States States stitution named, seeing that federal government named, seeing that the the federal government is is now now passing passing under under the the con­ control enemies to from the the exalted trol of of our our enemies to be be diverted diverted from exalted objects objects of of its its creation creation to realizing that State can can to those those of of oppression oppression and and wrong, wrong, and and realizing that our our own own State no her own no longer longer look look for for protection, protection, but but to to God God and and her own sons—We sons—We the the delegates Convention assembled, passed delegates of of the the people people of of Texas, Texas, in in Convention assembled, have have passed an ordinance ordinance dissolving dissolving all all political political connection connection with with the the government government of of an the confidently the United United States States of of America America and and the the people people thereof thereof and and confidently appeal freemen of appeal to to the the intelligence intelligence and and patriotism patriotism of of the the freemen of Texas Texas to to ratify ratify the same same at at the the ballot box. . . .28 .” the ballot box...

Ten thousand copies were were printed, printed, of which two thousand were were in in Ten thousand copies of which two thousand German German and and two two thousand thousand in in Spanish. Spanish. The The bill bill of of particulars particulars against the North is is most most instructive. instructive. The The old old charges charges recur: recur: The against the North The central central power power has has made made use use of of hostile hostile Indians Indians to to punish punish its its own own citizens. It It has has passed passed legislation legislation which which affected affected only only those citizens. those Americans living living in in certain certain territories territories under under its its authority. authority. Americans Northerners had had sent sent seditious literature and and arms arms and and emissaries Northerners seditious literature emissaries to stir up been party to ““stir up servile servile insurrection”. insurrection”. They They had had been party to to the the theft theft of of property and and had had refused refused its its return. return. They They had had maintained maintained property economic arrangements arrangements to the disadvantage disadvantage of of their their Southern Southern economic to the countrymen. And, finally, through the creation of a sectional party, countrymen. And, finally, through the creation of a sectional party, they they were were preparing preparing to to deny deny to to the the South South any any meaningful meaningful part part in in its its own internal internal administration, threatening life, life, liberty, liberty, and and the the hope hope own administration, threatening for for aa future. future. The general statement statement with with which which the the Texas Texas Declaration Declaration The general begins fits fits perfectly perfectly with with the the specific specific complaints complaints thus thus detailed. detailed. The The begins Lone Star Star State had joined joined the Union under treaty of of annexation. Lone State had the Union under aa treaty annexation. And at at that that time time it it had had specified specified its its understanding understanding of of the establishAnd the establish­ ed American American regime. regime. In In this this view, view, the the United United States States was was aa white white ed m an’s country. charity and considerations man’s country. Out Out of of charity and religion, religion, other other considerations should modify modify the the rigor rigor of of this this determination. determination. Slavery Slavery was was aa should “patriarchal doctrine of all men” “patriarchal system”. system”. But But the the ““doctrine of the the equality equality of of all men” was, in their opinion, opinion, ““debasing” and “‘‘at war with with nature, nature, in in op­ opwas, in their debasing” and at war

16 1622

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position to the experience and in position to the experience of of mankind, mankind, and in violation violation of of the the plainest revelation revelation ofof the plainest the Divine Divine Law.5’29 Law.’”’ Governments Governments are are in­ instituted domestic tranquility, stituted of of men men to to “promote “promote welfare, welfare, insure insure domestic tranquility, and secure of peace and liberty” and secure more more substantially substantially the the blessings blessings of peace and liberty” to to those its formation.30 those people people who who combine combine in in its formation.” Others Others may may enjoy enjoy its its benefits benefits only only on on the the terms terms prescribed prescribed by by full full citizens. citizens.

The conscious the Declaration The conscious imitation imitation of of the Declaration of of Independence Independence in in this Southern apology this Southern apology for for secession secession is is an an implicit implicit response response to to other other readings an assertion readings then then current current in in the the North. North. And And an assertion of of the the kind kind of of American identity Texans American identity Texans intended intended to to preserve preserve by by leaving leaving the the Union Union and and joining joining the the Confederacy. Confederacy. Such Such sentiments sentiments were were aa com­ commonplace of of what what Southerners Southerners. wrote wrote to to each each other other in in the months monplace the months before the outbreak War. Wrote before and and immediately immediately after after the outbreak of of the the War. Wrote aa Georgia Georgia woman, woman, “The “The idea idea is is preposterous preposterous .. .. .. [that] [that] aa people people like like ourselves whose bya a rebellion, ourselves whose republican republican independence independence was was won won by rebellion, whose liberty liberty achieved achieved by by secession secession .. .. .. should should attempt attempt to to coerce coerce whose us.”31 us.’”' Yet Yet most most could could agree agree with with Robert Robert Barnwell Barnwell Rhett Rhett in in hoping hoping that in South that “the ‘‘the spirit spirit of of 76 ’76 is is not not dead dead in South Carolina.”32 Carolina.” Indeed, Indeed, when the hour for the movement seem­ when the hour for separation separation came, came, the movement toward toward it it seemed ed to to many many (and (and particularly particularly the the moderates) moderates) like like aa Populist Populist up­ uprising.33 rising.*> After After John John Brown, Brown, the the Northern Northern response response to to his his raid, raid, and and Lincoln’s election, the Lincoln’s election, the tide tide was was irresistible.34 irresistible. And And nice nice questions questions of of justification were, were, as as in in 1776, 1776, laid laid aside. justification aside. But, before before concluding concluding with with this this selection selection from from aa mass mass of of But, evidence, let special case evidence, let us us glance glance back back briefly briefly at at the the special case of of Robert Robert Edward revolu­ Edward Lee. Lee. For For he he confirms confirms my my argument argument that that the the right right of of revolution tion in in Whig Whig legal legal theory theory was was as as useful useful in in justifying justifying secession secession as as the the doctrine doctrine of of states’ states’ rights rights and and related related theories theories of of “conditional” “‘conditional’’ membership the Union. son of membership in in the Union. Lee Lee was was the the son of aa Federalist Federalist leader, leader, one one who who was was also also loyal loyal to to his his section section and and state. state. And And the the politics politics of of Light Horse Horse Harry Harry Lee Lee were were the the politics politics of of his son. As As did that Light his son. did that Lee—and Henry Henry and and Jefferson—he regarded Virginia Virginia as as his his counLee—and Jefferson—he regarded coun­ try.35 try.*> His His loyalty loyalty to to the the national national government government was was from from the the bottom bottom up—and did not up—and though though he he could could tell tell General General Scott Scott he he “‘‘did not believe believe in in secession that itit was secession as as aa constitutional constitutional right”, right’’, did did not not believe believe that was 163 163

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anything anything but but revolution revolution to to withdraw withdraw from from the the national national identity, identity, still still he he could could justify justify the the desire desire of of his his neighbors neighbors to to be be independent independent once once for revolution had been been provided provided by by the the new new ““sufficient sufficient cause” cause” for revolution had Republican government. government. Lincoln’s Lincoln’s call for 75,000 75,000 troops troops to to subdue Republican call for subdue the and legal problem. Union Union the lower lower South South solved solved for for him him the the moral moral and legal problem. atat the bayonets held, as hehe said, said, no the point point of of bayonets held, as no charms. charms. After After the the war war he could could summarize, summarize, “‘‘Every brave people people who who considered he Every brave considered their their rights attacked and rights attacked and their their constitutional constitutional liberties liberties invaded invaded would would have done done as as we we did. did. Our Our conduct conduct was was not not caused caused by by any insurrechave any insurrec­ tionary spirit spirit nor nor can can it it be be termed termed rebellion, rebellion, for our construction construction of of tionary for our the the Constitution Constitution under under which which we we lived lived and and acted acted was was the the same same from from its and educated its adoption, adoption, and and for for eighty eighty years years we we had had been been taught taught and educated . . . .”36 by the the founders founders of of the the republic republic and and their their written written words words... .””** In In by his last last days days all all he he could could add add to to this this eloquent eloquent simplicity simplicity was was that that he he his could not not repent the choice choice he he had had made made and and would would repeat repeat it, it, ifif the the could repent the circumstances recurred. recurred. Washington Washington was was his his model model as as aa public public circumstances man. could have done no man. And And Washington Washington could have done no other. other. Lee also remarked before before the the election election of of Lincoln Lincoln that Lee also remarked that itit appeared appeared the the country country was was doomed doomed to to “run “run the the course course of of democracy”. By By this this he he meant that the the sovereign sovereign force force of of law law (or (or democracy”. meant that the expression expression of of sovereignty sovereignty through through law) law) was was soon soon to to be be replaced the replaced by unrestrained unrestrained popular popular whim, as manipulated manipulated by by the the demagogue. demagogue. by whim, as Lincoln’s victory proved him him to to be be correct. correct. Yet Yet the older tradition tradition Lincoln’s victory proved the older attempted resting on attempted to to survive, survive, the the tradition tradition resting on the the Confederate Confederate reading reading of of that that earlier earlier secession. secession. Such Such is is the the implication implication left left to to us us with with the the Great Great Seal Seal of of the the Confederacy: Confederacy: Washington, Washington, mounted, mounted, with are today better position position to with the the motto motto Deo Deo Vindice. Vindice. We We are today in in aa better to un­ understand how how prophetic prophetic were were the the General’s General’s words words than even he derstand than even he could have have been. been. When When the the Declaration Declaration of of Independence Independence is is con­ concould strued as aa strued to to mean mean only only its its second second paragraph, paragraph, in in isolation, isolation, and and as proposition concerning concerning individual individual men men in in their their natures, natures, or or proposition capacities, or something separable separable from from capacities, or metaphysical metaphysical rights—as rights—as something their as members its their political political inheritance inheritance as members of of aa given given polity; polity; when when its universal universal truth truth is is taken taken to to signify signify that that revolution revolution is is in in order, order, not not when self-preservation self-preservation calls calls for it, but but at at any any time time when an a a priori prior when for it, when an definition new definition of of man man is is violated; violated; then then we we see see what what Lincoln’s Lincoln’s “‘‘new 164 164

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birth” mean. As earlier, in birth”? has has come come to to mean. As II noted noted earlier, in their their old old age age the the surviving scene surviving Confederate Confederate captains captains contemplated contemplated the the national national scene and and were, were, by by it, it, reconfirmed reconfirmed in in the the political political opinions opinions which which they they had risked all to defend. I shall let one of the most eloquent of their had risked all to defend. I shall let one of the most eloquent of their number, General Richard Taylor of number, General Richard Taylor of Louisiana, Louisiana, the the son son of of aa Presi­ President the former state, speak dent and and the former governor governor of of his his state, speak for for them them all. all. These These words conclude conclude his his Destruction Destruction and Reconstruction. . words and Reconstruction Throughout the experience experience of Throughout the the land land the of the the active active portion portion of of the the present generation only only comprises comprises conditions conditions of present generation of discord discord and and violence. violence. The story story of The of the the six six centuries centuries of of sturdy sturdy effort effort by by which which our our English English forefathers out their unknown, certainly unap­ forefathers wrought wrought out their liberties liberties is is unknown, certainly unappreciated. Even preciated. Even the the struggles struggles of of our our grandfathers grandfathers are are forgotten, forgotten, and and the the names of Washington, Hamilton, Jay, names of Washington, Adams, Adams, Hamilton, Jay, Marshall, Marshall, Madison, Madison, and and Story awaken no deeper emotions emotions in Story awaken no fresher fresher memories memories in in our our minds, minds, no no deeper in our hearts, our hearts, than than do do those those of of Solon, Solon, Leonidas, Leonidas, and and Pericles. Pericles. But But respect respect for ancestors isis security security for for the the memories memories and and deeds deeds of of our our ancestors for the the present, present, seed-corn for for the the future; future; and, and, in in the the language of Burke, Burke, “Those ‘“Those will will not not seed-corn language of look forward forward to to their posterity who who never never look look backward backward to to their their look their posterity ancestors.” ancestors.” Traditions restraining peoples. Traditions are are mighty mighty influences influences in in restraining peoples. The The light light that reaches reaches us us from from above above takes takes countless countless ages to traverse traverse the the awful awful that ages to chasm separating separating us us from its parent parent star; star; yet yet it it comes straight and and true true to to chasm from its comes straight our eyes, because because each each tender tender wavelet wavelet is is linked to the the other, other, receiving and our eyes, linked to receiving and transmitting the luminous luminous ray. ray. Once Once break the continuity continuity of of the stream, transmitting the break the the stream, and men men will will deny deny its its heavenly heavenly origin, origin, and and seek seek its its source source in in the the feeble feeble and glimmer earthly corruption.37 glimmer of of earthly corruption.”

Dick of the Dick Taylor Taylor is is in in the the tradition tradition of the Southern Southern Federalists. Federalists. And therefore therefore his his canon of political political heroes heroes is is understandably understandably And canon of heterodox. But But that that even even aa man man of of his his background background tended tended to to see see the the heterodox. second of the second American American Revolution Revolution in in the the light light of the first, first, and and to to connect connect both with the unbroken unbroken stream of English English liberty liberty under under inherited inherited both with the stream of law, law, tells tells us us aa great great deal deal about about the the unanimity unanimity of of Southern Southern opinion opinion after I860.38 1860. And And helps helps to to demonstrate demonstrate the the way way in in which which the the seces­ secesafter sion be taken as aa reading sion of of 1861 1861 may may be taken as reading of of the the secession secession of of 1776. 1776. What happens happens when when it it is is interpreted interpreted the the other other way, way, as as aa radical What radical break with with the past, isis aa matter for the the contemporary contemporary historian. historian. break the past, matter for And also also aa measure measure of of the the judgment judgment exercised exercised by by those those Americans Americans And who sought sought to to save save the the Republic Republic by by refusing refusing to accept its its teleocratic teleocratic who to accept transformation. transformation. 165 165

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NOTES NOTES See the the periodical, periodical, Common Common Sense Sense, , published by the the People’s People’s Bicentennial Bicentennial Commission, Commission, 1.1. See published by and their their “Declaration “Declaration of of Economic Economic Independence”. Independence”. and E.A. Pollard, Pollard, The The Lost Lost Cause Cause (New (New York: York: E.B. E.B. Treat Treat & & Company, Company, 1866), 1866), p. p. 85, 85, “The “The 2.2. E.A. South’s right right of of secession secession is is only only one-half one-half of of the the double double justification justification of of her her withdrawal withdrawal from from South’s the Union; in putting putting it it on on the the right right of self-government proclaimed proclaimed in in the the American American the Union; and and in of self-government Declaration of of Independence, Independence, and existing in in all all republican republican systems, systems, she she could could claim claim its Declaration and existing its recognition from the highest highest sources, sources, both both of of official official and and popular popular authority authority in in the the North.” North.” recognition from the In his his The (Chicago: University University of of Chicago Chicago Press, Press, 1960), 1960), pp. pp. 4400- -441, 3.3. In The Confederacy Confederacy (Chicago: 1, Charles looked upon Charles P. P. Roland Roland has has written written that that Southerners Southerners ““looked upon the the American American Revolution Revolution as as the great great prototype prototype in in their their war for independence.” independence.” In In the the same same vein vein Carl Carl N. N. Degler Degler has has the war for remarked in in his his Place Place Over Over Time: The Continuity Continuity of of Southern Southern Distinctiveness Distinctiveness (Baton (Baton Rouge: Rouge: remarked Time: The Louisiana State State University University Press, Press, 1977), 1977), pp. pp. 100 100 -- 101, that it it was was aa “frequently “frequently heard arguLouisiana 101, that heard argu­ ment secessionwas wasjustified justified by of Americans ment by by southerners southerners that that secession by the the experience experience of Americans in in 1776. 1776. On On both both occasions—in occasions—in 1776 1776 and and 1860—southerners 1860—southerners emphasized emphasized the the resort resort to to radical radical measures measures was violations of in power.” See also also E.A. was dictated dictated by by the the violations of ancient ancient rights rights by by those those in power.” See E.A. Pollard, Pollard, The The Lost and Company, 1868), pp. Lost Cause Cause Regained Regained (New (New York: York: G.W. G.W. Carleton Carleton and Company, 1868), pp. 109 109 -- 110. 110. See pp. pp. 59, 59, 114, 114, and and 515 515 of of John John Esten Esten Cooke’s Cooke’s Wearing Wearing of of the the Gray: Being Personal Personal Por­ Por4.4. See Gray: Being traits, Scenes edited with traits, Scenes & & Adventures Adventures of of the the War War, , edited with an an Introduction Introduction and and Notes Notes by by Philip Philip Van Van Doren Stern Stern (Bloomington: (Bloomington: Indiana Indiana University University Press, Press, 1959). 1959). Cooke Cooke refers refers always always to to the the two two Doren Revolutions, new new and and old, old, as as aa pair. pair. On On the the frequency frequency of of the the connection made between between the the Revolutions, connection made two conflicts in Southern an’s “The Southern Novelist two conflicts in Southern literature, literature, see see p. p. 55 of of C.H. C.H. Holm Holman’s “‘The Southern Novelist and and the Uses of the the Uses of the Past”, Past”’, Southern Southern Humanities Humanities Review, Review, The The Bicentennial Bicentennial Issue Issue (1976), (1976), 11 -- 11. 11. There There Holman that the classical historical Holman writes writes that the American American Revolution Revolution was was the the “subject “‘subject of of the the classical historical novel before before the the Civil War. Another Another is is the the Civil Civil War War itself, which, in in the the view of many many novel Civil War. itself, which, view of southern people, was an unsuccessful revolution revolution fought fought to to achieve achieve essentially essentially the the same same pur­ pursouthern people, was an unsuccessful poses for the the southern southern region region that that the thirteen colonies colonies had had set set out out to to establish establish in in 1776.” poses for the thirteen 1776.” For the the full full text text of the speech, speech, see see pp. pp. 198 198 -- 203 203 of of vol. vol. VV of of Dunbar Dunbar Rowland’s Rowland’s edition edition 5.5. For of the of Davis, Constitutionalist: Constitutionalist: His His Letters Letters, Papers Papers and and Speeches Speeches (Jackson, (Jackson, Miss.: Miss.: 1923), 1923), p. p. 199. 199. of Jefferson Jefferson Davis 6.6. Ibid., Ibid., p.p. 202. 202. See, for for instance, instance, Clement Eaton’s Jefferson Jefferson Davis Davis (New (New York: York: The The Free Free Press/Mac7.7. See, Clement Eaton’s Press/M ac­ millan, 1977). millan, 1977). view is is developed developed in in David David F. F. Lovejoy’s Lovejoy’s “‘‘ ‘Rights ‘Rights Imply Imply Equality’: Equality’: The The Case Case 8.8. This This view Against Admiralty Admiralty Jurisdiction Jurisdiction in in America, America, 17641764 - 1776”, 1776”, William William and and Mary Mary Quarterly, 3rd Against (Quarterly, 3rd Series, XVI, (October, 1959), 4. Series, XVI, 44 (October, 1959), 45 4599-48 - 484. See Harold Harold S. S. Schultz, Schultz, Nationalism Nationalism and and Sectionalism Sectionalism in in South South Carolina: Carolina: 1852 1852 -- 1860 1860 9.9. See (Durham: Duke Duke University University Press, Press, 1950), pp. 226 226 -- 229; 229; and and Laura Laura A. A. White, White, Robert Robert Barnwell Barnwell (Durham: 1950), pp. Rhett: Father Father ofo f Secession Secession (Gloucester, (Gloucester, Mass.: Mass.: Peter Peter Smith, 1965), pp. pp. 14 15, 17, 24, and and 121. 121. Rhett: Smith, 1965), 14 -- 15, 17, 24, 10. Quoted on on p. p. 368 368 of of Hudson Hudson Strode Strode’s’s Jefferson Jefferson Davis Davis, , American American Patriot Patriot, , 1808 1808 -- 1861 1861 (New (New 10. Quoted York: Harcourt, Brace Brace and and Company, Company, 1966). 1966). York: Harcourt, 11. See Ralph Ralph A. A. Wooster, Wooster, The Secession Conventions Conventions of of the the South South (Princeton: (Princeton: Princeton Princeton 11. See The Secession University Press, University Press, 1962). 1962). 12. Reprinted Reprinted on on pp. pp. 671 671 -- 676 676 of of vol. vol. IIII of of Alexander Alexander Stephens, Constitutional View View ofof the 12. Stephens, AA Constitutional the Late War War Between Between the the States: Its Causes, Causes, Character, Character, Conduct Conduct and and Results Results (Philadelphia: (Philadelphia: National National Late States: Its Publishing Company, Company, 1870). 1870). Publishing 13. See Stephens, Stephens, vol. vol. II, II, p. p. 126; 126; Strode, Strode, p. p. 391; and Jefferson Jefferson Davis, Davis, The The Rise Rise and and Fall of the 13. See 391 ; and Fall of the Confederate Government Government (New (New York: York: Crowell-Collier Crowell-Collier Publishing Publishing Company, Company, 1961), 1961), p. p. 19. Confederate 19. 14. See See Stephens, Stephens, vol. vol. I, I, pp. pp. 477 477 -- 522. 522. 14.

,

,

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All All to to Do Do Over: Over: The The Secession Secession of of 1861 1867 15. Quoted William Y. 15. Quoted on on p. p. 139 139 of of William Y. Thompson’s Thompson’s Robert Robert Toombs Toombs of of Georgia Georgia (Baton (Baton Rouge: Rouge: Louisiana State State University University Press, Press, 1966). 1966). And And itit follows follows from from Toom Toombs’ logic that that building building Louisiana bs’ logic another to replace another Union Union to replace the the one one perverted perverted is is loyalty loyalty to to the the Constitution. Constitution. 16. Congressional Congressional Globe, 36th Congress, Congress, 2nd Session, p. 487. 16. Globe, 36th 2nd Session, p. 487. 17. 17. Quoted Quoted on on pp. pp. 29 29 -- 30 30 of of Frank Frank E. E. Vandiver’s Vandiver’s Their Their Tattered Tattered Flags: Flags: The The Epic Epic of of the the Confederacy (New Confederacy (New York: York: Harper’s Harper’s Magazine Magazine Press, Press, 1970). 1970). 18. of the Confederate Government 18. The The Rise Rise and and Fall Fall of the Confederate Government, , pp. pp. 19 19 -- 21, 21, 51, 51, et et passim. passim. 19. 19. See See Stephens, Stephens, vol. vol. II, II, pp. pp. 532 532 -- 537. 537. See See also also Richard Richard M. M. Weaver, Weaver, The The Southern Southern Tradition Tradition at by George at Bay: Bay: A A History History of of Postbellum Postbellum Thought Thought, , edited edited by George Core Core and and M.E. M.E. Bradford Bradford (New (New Rochelle, N.Y.: N.Y.: Arlington Arlington House, House, 1968), 1968), pp. pp. 116 116 -- 166. 166. Rochelle, 20. Journal Journal of Secession Convention Convention of Texas, 1861, 1867, edited edited by by Ernest Ernest William William Winkler Winkler 20. of the the Secession of Texas, (Austin: Texas Texas Library Library and and Historical Historical Commission, Commission, 1912). 1912). (Austin: 21. Ibid., Ibid., p. 21. p. 17. 17. 22. Ibid., Ibid., p. p. 259. 259. 22. 23. Ibid., Ibid., p. p. 51. 51. 23. 24. 24. Ibid., Ibid., p. p. 117. 117. 25. Ibid., Ibid., p. p. 69. 69. 25. 26. Ibid'., Ibid:, p. p. 104. 104. 26. 27. Ibid., pp. 27. Ibid., pp. 61 61 -- 67. 67. 28. Ibid., Ibid., p. p. 65. 65. 28. 29. 29. Ibid., Ibid., p. p. 63. 63. 30. 30. Ibid., Ibid., pp. pp. 61 61 -- 62. 62. 31. 31. Degler, Degler, p. p. 100. 100. See See also also Michael Michael P. P. Johnson, Johnson, Toward Toward aa Patriarchal Patriarchal Republic: Republic: The The Secession Secession of of Georgia Georgia (Baton (Baton Rouge: Rouge: Louisiana Louisiana State State University University Press, Press, 1977). 1977). 32. 32. Laura Laura A. A. White, White, pp. pp. 189 189 -- 190. 190. 33. 33. Schultz, Schultz, pp. pp. 226 226 -228. -228. 34. See speech by Congressman John John D. D. Ashmore, Ashmore, aa South South Carolina Carolina moderate, moderate, 34. See aa speech by Congressman Congressional Globe, 36th Congressional Globe, 36th Congress, Congress, 1st 1st Session, Session, March March 1,1, 1860, 1860, pp. pp. 958 958 -- 962. 962. Ashmore Ashmore describes the the effect on his position of of Northern Northern beatification beatification of of John John Brown. Brown. describes effect on his position 35. Douglas Douglas Southall Southall Freeman, Freeman, R.E. R.E. Lee: Lee: A A Biography Btography, , vol. vol. I1 (New (New York: York: Charles Charles 35. Scribner’s Sons, Sons, 1934), 1934), p. p. 440. 440. Scribner’s 36. Clifford Dowdey 36. Quoted Quoted by by Clifford Dowdey on on p. p. 21 21 of of his his Experiment Experiment in in Rebellion Rebellion (New (New York: York: Double­ Doubleday was no day and and Company, Company, Inc., Inc., 1946). 1946). Though Though the the revolution revolution of of 1860 1860 was no civil civil war, war, and and the the revolution of revolution of 1776 1776 often often was—within was—within the the individual individual colonies. colonies. 37. Richard Destruction and and Reconstruction, Reconstruction, edited edited by by Richard Richard B. Harwell (New (New 37. Richard Taylor, Taylor, Destruction B. Harwell York: 331. York: Longmans, Longmans, Green Green and and Company, Company, 1955), 1955), p. p. 331. 38. An An idea idea developed developed by by the the British British historian, historian, Lord Lord Acton, Acton, in in his his essay, essay, ‘‘Political Causes 38. “ Political Causes of the American New Series, of the American Revolution”, Revolution”, which which first first appeared appeared in in The The Rambler, Rambler, New Series, V, V, Part Part XIII XIII (May, 1861), 1861), 17 17 -61. - 61. For For aa contrary contrary opinion, see Harry Harry V. V. Jaffa, Jaffa, “‘Equality, Justice, and and the the (May, opinion, see Equality, Justice, American Reply to XI American Revolution: Revolution: In In Reply to Bradford’s Bradford’s ‘The ‘The Heresy Heresy of of Equality’ Equality’ ”, ”’, Modem Modern Age, Age, X XXI (Spring, 1977), 1977), 114 114 -- 126. 126. (Reprinted (Reprinted in in this this volume.) volume.) On On pp. pp. 115115-116, Professor Jaffa Jaffa (Spring, 116, Professor writes, the independence the United ac­ writes, ““II have have observed observed many many times times that that the independence of of the United States States was was accomplished by by aa Declaration Declaration that that constituted constituted aa political act without parallel in in the the history history of of complished political act without parallel the world.” world.” the

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FIRST FIRST FATHERS: FATHERS: THE THE COLONIAL COLONIAL ORIGINS ORIGINS OF TRADITION OF THE THE SOUTHERN SOUTHERN TRADITION Popular history and and origin of the Popular confusion confusion about about the the history origin of the South South begins about the begins at at the the beginnings. beginnings. And And therefore therefore also also confusion confusion about the nation its formation, formation, its nation at at large, large, the the role role of of the the sections sections in in its its subse­ subsequent development and its lasting quent development and its lasting difficulties difficulties with with the the task task of of being being one Second-graders, even in Virginia, play Puritan one and and many. many. Second-graders, even in Virginia, play Puritan and and each each November November celebrate celebrate aa lineage lineage foisted foisted upon upon them. them. About About what what Jamestown Jamestown signified signified that that had had no no augury augury in in Massachusetts Massachusetts they they are are not and Oklahoma not encouraged encouraged to to inquire. inquire. Children Children in in Texas Texas and Oklahoma grow grow up no one notices the up warbling warbling of of “rocks ‘“‘rocks and and rills”, rills”’, and and no one notices the anomaly. anomaly. But for the But II must must for the moment moment reach reach back back beyond beyond the the rightful rightful datum datum of of Jamestown identity ifif the of inquiry Jamestown for for the the roots roots of of Southern Southern identity the line line of inquiry II have proper context have announced announced is is to to be be pursued pursued in in the the proper context and and allowed allowed to to correct correct the the distortions distortions of of which which II have have complained. complained. And And therefore therefore II must of the as itit must begin begin before before the the beginning, beginning, with with the the idea idea of the South South as existed in the of Southerners-to-be. existed in the minds minds of Southerners-to-be. For For that that evidence evidence we we must must look look to to the the poets. poets. For For they they dream dream first first and and better better than than do do other men; other men; and and their their dreams dreams are are often often well well preserved. preserved. In London oror Virginia Virginia Company In 1607 1607 the the London Company dispatched dispatched three three vessels vessels and and more more than than one one hundred hundred men men to to establish establish their their first first American For three American colony. colony. For three years years prior prior to to this this departure departure plans plans for for the venture had been in the making, undeterred by the misfortunes the venture had been in the making, undeterred by the misfortunes of of Sir Sir Walter Walter Raleigh’s Raleigh’s Roanoke Roanoke expedition, expedition, cheered cheered by by the the narratives Inspired by narratives of of Hakluyt Hakluyt and and the the great great adventurers. adventurers. Inspired by the the prospects Michael Drayton, prospects of of their their enterprise, enterprise, Michael Drayton, bard bard and and patriot, patriot, wrote wrote (in (in 1606) 1606) his his ode ode “To ‘‘To the the Virginian Virginian Voyage” Voyage”’: : 169 169

AA Better Guide Than Better Guide Than Reason Reason You brave brave heroic You heroic minds minds

Worthy your country’s name, Worthy your country’s name, That honor still That honor still pursue, pursue,

Go, and subdue, Go, and subdue, Whilst loit’ring hinds hinds Whilst loit’ring Lurk here at Lurk here at home, home, with with shame. shame. Britons, you stay too Britons, you stay too long; long; Quickly Quickly aboard aboard bestow bestow you, you, And with aa merry merry gale gale And with Swell stretched sail, Swell your your stretched sail, With strong With vows vows as as strong As the winds that blow blow you. As the winds that you. Your Your course course securely securely steer, steer, West and south forth West and south forth keep, keep, Rocks, nor shoals, Rocks, lee-shores, lee-shores, nor shoals, When Aeolus Aeolus scowls, When scowls, You need not fear, fear, You need not So absolute the the deep. deep. So absolute And cheerfully And cheerfully at at sea, sea, Success entice, Success you you still still entice, To pear and and gold, To get get the the pear gold, And ours to hold, And ours to hold, Virginia, Virginia, Earth’s Earth’s only only paradise. paradise. Where nature store Where nature hath hath in in store Fowl, venison, and and fish, Fowl, venison, fish, And fruitful’st soil And the the fruitful’st soil Without your your toil Without toil Three Three harvests harvests more, more, All greater than All greater than your your wish. wish. And the ambitious vine vine And the ambitious Crowns with his Crowns with his purple purple mass, mass, The cedar reaching The cedar reaching high high To kiss To kiss the the sky, sky, The cypress, pine, The cypress, pine, And useful sassafras. And useful sassafras. To whose the golden age To whose the golden age Still nature’s laws give, Still nature’s laws doth doth give, No other cares No other cares that that tend, tend, But But them them to to defend defend From winter’s age, From winter’s age, That doth not That long long there there doth not live. live.

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The The Colonial Colontal Origins Origins of of the the Southern Southern Tradition Tradition Whenas the the luscious luscious smell Whenas smell Of that delicious delicious land, land, Above the the seas seas that flows, Above that flows, The clear throws, The clear wind wind throws, Your hearts hearts to to swell swell Your Approaching the the dear dear strand, strand, Approaching In kenning of of the the shore, shore, In kenning Thanks to to God God first first given, given, Thanks O you, you, the the happi’st happi’st men, men, O Be frolic frolic then, then, Be Let cannons cannons roar, roar, Let Frighting the the wide heaven. Frighting wide heaven. And in regions And in regions far far Such heroes bring ye ye forth forth Such heroes bring As those those from from whom whom we we came, came, As And plant plant our our name name And Under that that star star Under Not known known unto unto our our north. Not north. And as there And as there plenty plenty grows grows Of laurel laurel everywhere, everywhere, Of Apollo’s sacred sacred tree, tree, Apollo’s You it it may see You may see AA poet’s poet’s brows brows To crown, that may sing there. To crown, that may sing there. Thy voyages voyages attend, attend, Thy Industrious Hakluyt, Hakluyt, Industrious Whose Whose reading reading shall shall enflame enflame Men to seek fame, fame, Men to seek And And much much commend commend To after after times times thy thy wit.1 wit.' To Of that

Here isis Elizabethan sentiment in poem, anan effulgence Here Elizabethan sentiment in aa Jacobean Jacobean poem, effulgence of of hope great hope and and energy energy surviving surviving from from the the previous previous era, era, aa sense sense of of great possibility and and English self-assurance. The The sea sea gives gives scope scope to to the the possibility English self-assurance. heroic impulse and rough rough chivalry chivalry that that Drake Drake and and Frobisher, Frobisher, heroic impulse and Gilbert and and Hawkins Hawkins had had made made aa byword byword in in all all Christendom. Christendom. Gilbert Hakluyt isis around make of the Hakluyt around to to make of the the new new effort effort another another chapter chapter in in the national examples inin narrative.2 as the the national inheritance inheritance of of inspiring inspiring examples narrative.’ But But as seadogs reward above seadogs had had seen seen their their ventures ventures as as efforts efforts promising promising aa reward above and beyond beyond contributions contributions to to their their own own homeland’s homeland’s honor, honor, so so does does and Drayton imagine imagine (and (and emphasize) emphasize) substantial substantial private private advantage advantage in in Drayton

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AA Better Better Guide Guide Than Than Reason Reason the prospects prospects of of his his bold bold voyagers, voyagers, fruits fruits for for merit merit performed performed in in the the the manful subduing of “regions far”. And Hakluyt (a practical, manful subduing of “regions far”. And Hakluyt (a practical, Protestant type, type, and and the the first first in in aa long long series series of of Southern Southern landlandProtestant promoters) may may also also be be expected to do do credit to that that theme. theme. For For promoters) expected to credit to from the the first, first, the the South South was was two two things: an arena arena for for enacting enacting and and from things: an transplanting aa slowly slowly developed developed but but well established English English transplanting well established character and aa demi-paradise, demi-paradise, another another (or (or almost) almost) Eden Eden where where character and noble conduct conduct would would earn earn the noble reward reward of plenitude. Drayton Drayton noble the noble of plenitude. goes goes back back and and forth forth between between the the pastoral, pastoral, the the practical, practical, and and the the poetic. The union union of of the the first first two two will will be be an for the the third. third. poetic. The an occasion occasion for With this this poem poem II have, have, of of course, course, touched touched upon upon the the original original With and basic basic difference difference between between the the South South and and colonies colonies further further up the and up the North American American coast. coast. Drayton Drayton envisions envisions no no attempt attempt to to improve improve North upon the the dominant dominant culture of Britannia.3 Britannia.» The plantation of of upon culture of The plantation Virginia will will be be new new in the sense sense of of extension re-creation—as Virginia in the extension oror re-creation—as Rome was was a a fresh fresh but but minimally minimally different different Troy, made out of the the Rome Troy, made out of residue from aa particular sake of residue from particular stream stream of of history history and and for for the the sake of its its perpetuation, with the possibility of felt discontinuity reduced to perpetuation, with the possibility of felt discontinuity reduced to whatever comes comes from from the experience of of setting setting as as opportunity opportunity sans sans whatever the experience impiety. Allen Allen Tate, Tate, in in looking looking back back on on over over 350 350 years years of of Southern Southern impiety. life, has spoken of of an an informing informing principle principle or or impulse impulse standing standing life, has spoken behind And behind the the full full body body of of that that record, record, aa Graeco-Trojan Graeco-Trojan myth.4 myth.’ And the analogy to to Aeneas Aeneas does, does, for for essentially conservative men, men, the analogy essentially conservative assuredly their desire desire to to have have by by migration migration aa better better assuredly summarize summarize their share in the the manner manner of of life life they they already already know know and and love. love. Virgil Virgil defin­ definshare in ed the the problem problem for for such such sensibilities—how sensibilities—how to to have have old things and and ed old things hâve have them them more more abundantly, abundantly, but but in in a a new new place. place. The allusion allusion to to Aeneas, Aeneas, looking looking both both back back and and forward, forward, is is The therefore an expected commonplace in the serious literature of the therefore an expected commonplace in the serious literature of the South. It It is is there there from from the the first—overtly first—overtly in in the the narratives of William William South. narratives of Strachey and the collection of of Samuel implication in in Strachey and the collection Samuel Purchas, Purchas, byby implication John Smith Smith and and the the early historians of of the the colony.5 colony.’ And lies just just John early historians And itit lies beneath the the surface surface of of Drayton’s Drayton’s ode—in ode—in the the anticipation anticipation of of beneath “heroes” to be “brought “brought .. .. .. forth” forth” in in “our ‘our name” name” and and of of future future “heroes” to be poets singing singing of this civilizing civilizing and and subduing subduing once once they they have have been been poets of this 172 172

The Colonial Colonial Origins Origins of of the the Southern Southern Tradition Tradition The

accomplished: singing (along accomplished: singing (along with with “industrious ‘“‘industrious Hakluyt” Hakluyt” or or his his like) to ‘“enflame” even later generations of the same stock to like) to “enflame” even later generations of the same stock to further exertions exertions and and greater rewards (honor wealth) from from further greater rewards (honor and and wealth) “earth’s only only paradise”. paradise’. Thus, Thus, when when Mr. Mr. Tate Tate discovers Virgil, “earth’s discovers Virgil, Dares, behind the writes aa Dares, and and Dictys Dictys behind the Yoknapatawpha Yoknapatawpha Cycle Cycle or or writes poem Washington”, he poem entitled entitled “Aeneas ‘“‘Aeneas at at Washington’’, he is is being being anything anything but but inventive. inventive. Nor Nor should should we we imagine imagine that that the the notion notion of of the the South South as as aa Troy (perhaps (perhaps owing owing to to the the Aeneas-to-Brut Aeneas-to-Brut genealogy genealogy of of Geoffrey Geoffrey Troy of Monmouth Monmouth and Polydore Vergil) Vergil) disappeared disappeared after after settlement settlement to to of and Polydore be revived revived by by the the ingenious Southern master master craftsmen craftsmen of of this this cen­ cenbe ingenious Southern tury. Consider, Consider, as as an an illustration, illustration, the the dedicatory dedicatory poem poem which which P.S. P.S. tury.6 Worsley inscribed inscribed in in aa copy copy of of his his rendering The Iliad Iliad and and then, then, Worsley rendering ofof The after after Appomattox, Appomattox, sent sent to to Robert Robert E. E. Lee: Lee: Thy Thy Troy Troy isis fallen, fallen, thy thy dear dear land land marred beneath beneath the spoiler’s heel. heel. IsIs marred the spoiler’s II cannot cannot trust trust my my trembling trembling hand hand To write write the the things things II feel. feel. To **

**

**

Ah, realm of tombs! —but —but let let us us hear hear Ah, realm of tombs! This blazon blazon to the last last of of times! times! This to the No nation rose so pure No nation rose so white white and and pure

Or fell so Or fell so pure pure of of crimes. crimes. ♦ *

**

**

An angel’s An angel’s heart, heart, an an angel’s angel’s mouth, mouth,

Not Not Homer’s, Homer’s, could could alone alone for for me me Hymn Hymn well well the the great great Confederate Confederate South, South, Virginia and Lee.7 Virginia first, first, and Lee.’

Similar Similar evidence evidence is is everywhere, everywhere, as as in in the the writings writings of of Calhoun Calhoun and and William William Wirt, Wirt, or or the the extended extended Roman/American Roman/American analogy analogy of of Bernard J. J. Sage’s Sage’s The Republic of of Republics Republics.*.8 But But the the significance significance of of Bernard The Republic an an earlier earlier South’s South’s fondness fondness for for seeing seeing itself itself inside inside the the pattern pattern of of aa Graeco-Trojan myth clear only only when when this this tendency tendency is is viewed viewed Graeco-Trojan myth comes comes clear over against against its its American American alternative—the alternative—the myth myth of of aa new new over Jerusalem. Southern myth Jerusalem. And And also also the the deeper deeper meaning meaning of of the the Southern myth itself itself as aa définition definition of of non-millenarian non-millenarian cultural cultural aspirations. aspirations. For For II spoke spoke as earlier ofof original and basic which have earlier original and basic differences, differences, distinctions distinctions which have set set 173 173

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the region region perpetually perpetually at at variance what finally finally became became the the variance with with what the dominant un-American” dominant or or national national pattern. pattern. The The South’s South’s ““un-American” (because relationship to history of Western (because respectful) respectful) relationship to the the previous previous history of Western man, and and especially to its its English English branch, branch, was, was, we we must must remember, man, especially to remember, radically different different from from New New England’s England’s well well before before the the coming coming of of radically the first first Negro Negro to to Virginia. Virginia. The The debate debate over over the the merits merits and and demerits demerits the of economic system of slavery slavery as as aa social social and and economic system for for half-wild half-wild Blacks Blacks and and seventeenth-century together in seventeenth-century Anglo-Saxons Anglo-Saxons living living uneasily uneasily together in what what was, for for both, both, an an unfamiliar unfamiliar context context has has obscured the overwhelm­ overwhelmwas, obscured the ing importance importance of of that that fact—an fact—an importance, importance, for for one one thing, to an an un­ uning thing, to derstanding of Southern as theory theory and derstanding of Southern slavery slavery itself, itself, both both as and as as fact. fact. New the implications New England’s England’s “city “city on on a a hill” hill” carried carried with with it it the implications of aa journey journey forward forward in in time carried on on by way of of aa journey journey in in of time carried by way space.’ The The godly godly commonwealth commonwealth was was to be aa centerpiece centerpiece for for con­ conspace.9 to be cluding thousand-year reign reign of cluding history, history, for for ushering ushering in in the the thousand-year of the the Saints predicted predicted in Book of of Revelation Revelation and and presided presided over over by by Saints in the the Book Christ the the King.10 King.'° New Englanders were were an an elect elect armed armed from from on Christ New Englanders on high high with with the the power power and and authority authority to to hurry hurry up up this this beneficent beneficent apocalypse. The Southern its allegiance apocalypse. The Southern dream, dream, despite despite its allegiance to to the the memory memory of of Eden, Eden, remained remained inside inside history—looking history—looking back back toward toward what Leo Leo M Marx has called called the the “cultivated ‘cultivated garden”’, the best best of of the the what arx has garden”, the gifts gifts of of this this life life available available after after the the Fall, Fall, if if pursued pursued with with prudence, prudence, energy, honor, and regard for aa wise wise prescription.11 prescription."' It It involved involved no no energy, honor, and regard for new new and and special special revelations, revelations, no no adepts’ adepts’ magic, magic, and and has has been been perhaps aa bit bit too too homely homely and and commonplace commonplace to to inspire inspire the the notice notice of of perhaps our more more idealistic national historians. historians. But But it it was was always always there, there, and and our idealistic national with an an evident evident and and altogether altogether healthy effect. To To test test my my argument, argument, with healthy effect. let us us look look once once again again at at aa few few colonial colonial texts. texts. For For words words with with deeds deeds let constitute the the evidence evidence of of history history and and give give to to it it an an intelligible intelligible order. constitute order. And there there is, is, on on this this theme, theme, in in the the era era of of settlement settlement and and in in the the And eighteenth century, century, aa sufficiency sufficiency of of both. eighteenth both. In the the beginning beginning we we get get once again considerable considerable help help from from that that In once again lusty bravo, bravo, Captain Captain Smith. great abuser abuser of of aa priori priori “theorick” ‘‘theorick” lusty Smith. AA great schemes for for government government and and the life’s business, business, this this schemes the conduct conduct ofof life’s rough soldier soldier observed observed that, that, despite the attractions attractions of of reputation reputation rough despite the

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that am not so simple that that come come for for adventurers, adventurers, 44 “‘ .. .. .. II am not so simple to to thinke, thinke, that euer any any other other motive motive than than wealth, wealth, will will euer euer erect erect there comeuer there aa commonweale; ease and monweale; or or draw draw companie companie from from their their ease and humors humors at at home home to effect effect my my purposes.”12 purposes.’’? These These are are plain plain words. words. But But to them the the ..... . to to them hearty Elizabethan Elizabethan adds adds notes notes pastoral pastoral and and heroic: heroic: descriptions descriptions of of hearty the physical physical perfections perfections of of Virginia’s natural wealth wealth and and ex­ exthe Virginia’s natural postulations sluggards that they use postulations to to sluggards that they use their their talents, talents, test test their their met­ mettle, and and 44imitate “‘imitate the the vertues”’ of their their ancestors to earn earn 44honorable “honorable tle, vertues” of ancestors to memory” of their lives.13 lives.'? Howard Howard Mumford Mumford Jones Jones (in (in The The Literature Literature memory” of their of the Seventeenth Seventeenth Century) that John John Smith Smith was of Virginia Virginia in in the Century) has has written written that was himself the the subject subject of of the the first first American American epic, epic, aa work work in in twelve twelve himself books (often (often attributed attributed to to the the Captain, Captain, though other hands). hands). In In books though byby other The Proceedings ooff the English Colonie Colonie in in Virginia Virginia (Oxford, (Oxford, 1612), 1612), 44the “the The Proceedings the English figure of of Aeneas/Smith, Aeneas/Smith, the the transplanter transplanter to to new new shores shores of of aa figure wandering, yet divinely divinely guided guided [i.e., [i.e., protected] protected] people, people, is is wandering, yet dramatically contrasted contrasted with with that that of of Powhatan, Powhatan, and and both both are are dramatically described in in grand grand and and simple simple outline.”14 outline.”* But But the the mixture mixture of of im­ imdescribed pulses Smith and his successors successors isis perhaps better ex­ pulses that that made made Smith and his perhaps better explained with heroic, Virgilian plained with their their reconciliation reconciliation of of heroic, Virgilian pastoral, pastoral, and and practical (a reconciliation reconciliation that that is is neither neither heroic heroic nor nor pastoral pastoral nor nor practical (a simply simply practical) practical) than than with with high high narratives narratives of of desperate desperate peril peril and and improbable escape. escape. Then Then we we can to the contrast of of Puritan Puritan improbable can return return to the contrast and nascent nascent Cavalier Cavalier and and consider consider its its implications implications in in detail. detail. and As has As has been been noted noted frequently, frequently, the the testimony testimony of of the the senses—of senses—of eye, ear, ear, touch, ih the eye, touch, and and taste—plays taste—plays aa major major role role in the accounts accounts of of Englishmen first discovering Beverley, Englishmen first discovering the the South South as as aa place. place. Robert Robert Beverley, in his The The History History and and Present Present State State ooff Virginia Virginia (1705), (1705), summarised summarized the the in his physical experience of these first founders as being “‘so delightful physical experience of these first founders as being 44so delightful and pleasant and and plentiful; plentiful; the the Climate, Climate, and and Air, Air, so so and desirable; desirable; soso pleasant temperate and sweet sweet and and wholesome; wholesome; the the Woods and Soil, Soil, so so temperate and Woods and charming and fruitful; and and all all other other things things so agreeable, that that charming and fruitful; so agreeable, Paradise The Paradise itself itself seem’s seem’s to to be be there, there, in in its its first first Native Native Lustre.”15 Lustre.’ The reality of of this this bounty bounty was was only only a alittle less dramatic dramatic than than the the expec­ expecreality little less tation tation of of it it engendered engendered in in the the immigrant immigrant by by rumors rumors of of discovery discovery and and by the peculiar by the peculiar (and (and this-worldly) this-worldly) optimism optimism of of the the age. age. Yet Yet for for even even 175 175

AA Better Better Guide Guide Than Than Reason Reason the most sanguine sanguine of of these would-be colonists colonists the the mere aroma of of the most these would-be mere aroma

the new-found new-found land, land, noticeable noticeable while while still still leagues leagues away, away, was was the overwhelming: overwhelming: ““ .. .. .. the the twentieth, twentieth, about about midnight midnight we we had had aa marvelous marvelous sweet sweet smell smell from from shore, shore, .. .. .. strong strong and and pleasant, pleasant, as as if if we we had result of had bene bene in in the the midst midst of of some some delicate delicate garden.5,16 garden.’’* The The result of such such ravishment was kind ofof pastoralism ravishment was an an interval interval of of the the kind pastoralism not not characteristic of the characteristic of the South, South, once once established: established: aa seduction seduction of of which which John Smith Smith frequently frequently complained complained and and by by reason of which John reason of which his his comcom­ munity was almost almost destroyed. destroyed. For, For, instead instead of of aa heathen heathen ““golden munity was golden age” or or genuine genuine Eden, Eden, free free from from the the curse curse of of labor, labor, the the very wealth age” very wealth of offered another the courage courage of the the South’s South’s natural natural gifts gifts offered another arena arena for for the and energy energy which which had had in in the the first first place place made made them them available to the the and available to settlers. settlers. That little heroic and not That Southern Southern pastoralism pastoralism would would be be a alittle heroic and not in in the the least least primitivist primitivist is is foreshadowed foreshadowed by by the the good good Captain Captain when when he he grumbles grumbles of of idlers idlers who who think think that that “houses ‘‘houses and and all all those those com­ commodities did did grow grow naturally” naturally” or or that that “all ‘‘all the the world world was was Oatm Oatmeale”’ modities eale” in Newness of in Virginia.17 Virginia.'’ Newness of setting, setting, the the Indian Indian menace, menace, and and the the other other surprises surprises by by kind kind or or fortune fortune guarantee guarantee that that the the husbandry husbandry necessary to to settling will not not be be merely that courage courage and necessary settling will merely aa drudge, drudge, that and character as as well well as as strength strength will will be be engaged. engaged. Indeed, Indeed, founding in character founding in and of of itself quasi-heroic act, act, even even if if it it is is only only aa founding founding in in this this and itself isis aa quasi-heroic limited Virgilian Virgilian sense, sense, and and not not aa new new creation creation of of the the kind kind en­ enlimited visioned visioned by by some some philosophers. philosophers. Nonetheless, Nonetheless, Smith Smith counsels counsels that that men Carpenters, husbandmen, men who who are are ““Carpenters, husbandmen, gardiners, gardiners, fishermen, fishermen, blacksmiths, diggers up blacksmiths, masons, masons, and and diggers up of of trees” trees” be be included included in in the the next company company sent sent westward.18 westward."* For For the the new even with with the the next new Troy, Troy, even authority of of prescription, prescription, will will require require walls and fields, the ac­ acauthority walls and fields, the coutrements of location and outward signs of civil continuity, if it coutrements of location and outward signs of civil continuity, if it isis to be be neither neither aa lotus land nor nor aa reversion reversion to to the the simple simple Arcadian Arcadian to lotus land state state of of wandering wandering tribes tribes and and herdsmen. herdsmen. Early rulers rulers of of Virginia Virginia heeded heeded the the advisements advisements of of their their Early prototype to work. the prototype and and got got their their idle idle young young gentlemen gentlemen to work. And And it it is is the argument of of Louis Louis B. B. Wright Wright that that the the culture culture which which developed developed un­ unargument der their their guidance guidance eventually eventually changed changed the the meaning meaning of of that that social social der

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denomination, away from denomination, away from the the decorative decorative and and back back toward toward the the useful had useful in in senses senses both both economic economic and and military: military: senses senses which which it it had originally originally entailed entailed and and toward toward which which the the conduct conduct literature literature of of the the Renaissance already had begun to incline.'? Many yeomen and city Renaissance already had begun to incline.19 Many yeomen and city fellows came came out out to to be de gentlemen. gentlemen. They had to work at at it. And fellows They had to work it. And perhaps most post-Jamestown perhaps the the plainer plainer origins origins of of most post-Jamestown settlers settlers who who rose dreamt ofof rose to to occupy occupy the the squire’s squire’s role role they they or or their their fathers fathers had had dreamt had had some some hand hand in in this this modification. modification. Another Another possible possible cause cause was was the the simple opportunities. simple experience experience of of pioneering, pioneering, its its challenge challenge and and its its opportunities. For aa new world is is by by definition definition an an open open situation situation where, where, despite despite For new world structural predispositions, predispositions, men men may may rise rise by by dint dint of of effort. effort. But But the the structural structure, structure, despite despite much much movement, movement, held. held. The The admirable admirable man man in in colonial Virginia Virginia was was required required to to support it, to to assume assume political and colonial support it, political and militia responsibility, responsibility, and and to to reconcile reconcile the the public public and and private private use use of militia of his gifts. gifts. Furthermore, Furthermore, he he was was expected expected to to achieve achieve this this balance with his balance with reasonable to be reasonable grace, grace, to be in in mind mind and and conduct conduct aa force force lifting lifting the the style style of of the the community, community, minimizing minimizing its its abrasions, abrasions, and and making making the the cultivated garden garden as much like like Eden Eden as as it it could could be. This was was the the or­ orcultivated as much be. This dinary dinary side side of of the the gentleman’s gentleman’s heroic heroic mission, mission, assurance assurance for for the the ongoing of gives meaning of the ongoing of civil civil life life which which gives meaning to to the the acts acts of the statesman, the the warrior, warrior, the the poet, poet, and and the the priest. priest. And And the the effects effects of statesman, of these commitments in in manners manners as as enacted enacted by by men men of of this this class class were were these commitments supposed to permeate supposed to permeate other other levels levels of of their their community, community, to to cement cement and shore the battlements orders found and shore up up the battlements within within which which all all orders found shelter. shelter. Even so, so, the the old old tendency, the drift drift toward toward the pattern of of the the Even tendency, the the pattern lilies of the reappeared with lilies of the field, field, reappeared with regularity. regularity. Consider Consider in in this this con­ connection the language nection the language of of Robert Robert Beverley Beverley in in his his anxiety anxiety over over the the enervating effects on on her inhabitants of of Virginia Virginia as as an an environment: environment: enervating effects her inhabitants they depend depend altogether altogether upon upon the the liberality liberality of of Nature, without “‘|... . . . they Nature, without endeavoring to improve its Gifts by Art or Industry. They spunge endeavoring to improve its Gifts by Art or Industry. They spunge upon the the Blessings Blessings of of aa warm warm Sun, Sun, and and a afruitful and almost almost upon fruitful Soil, Soil, and grutch the the Pains Pains of of gathering gathering in in the the Bounties of the Earth. II should should grutch Bounties of the Earth. be to publish be asham’d asham’d to publish this this slothful slothful Indolence Indolence of of my my Countrymen, Countrymen, but that rouse them but that II hope hope it it will will rouse them out out of of their their lethargy, lethargy, and and excite excite fhem them to to make make the the most most of of all all those those happy happy Advantages Advantages which which Nature Nature 177 177

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has given them; them; and and if if it it does does this this II am sure they has given am sure they will will have have the the goodness to forgive me.’ Nature, for Beverley, is certainly no goodness to forgive me.”20 Nature, for Beverley, is certainly no enemy be subdued, subdued, as as itit would be for for aa Puritan. Puritan. His His worry worry is is the the enemy toto be would be

other way around, of the of human other way around, aa horror horror of the kind kind of human product product William William Byrd described described in in his History of of the the Dividing Dividing Line as “‘lubbers’’.”' Byrd his History Line as “lubbers”.21 Add to to this testimony Hugh Hugh Jones Jones on the “‘climate-struck”’, those Add this testimony on the “climate-struck”, those whose “easy “easy way way of living” makes makes them them “very “very lazy” the whose of living” lazy” (1724),” (1724),22 the early reports from South Carolina (more of of the the same, same, though early reports from South Carolina (more though treated with less less patience), patience), and and from from Georgia Georgia (where “have treated with (where men men “have never been used to look forward, [and] live but to the present never been used to look forward, [and] live but to the present day day unwilling to for anything anything but but subsistence”), subsistence”’), and and aa com­ com..... . unwilling to labor labor for posite, durable tendency “go native” native” becomes becomes very very evident.“ posite, but but durable tendency to to “‘go evident.” The mood by the aroma drifting drifting out out to to sea sea remained The mood created created by the aroma remained aa peril, the the prospect prospect of soft pastoralism peril, of soft pastoralism qua qua primitivism. primitivism. Effort, Effort, en­ encouragement were were going going to to be be necessary necessary to to move move every man toward toward couragement every man that independence independence of of which which he he was was capable, capable, to to convert that convert potential potential laziness into earned earned leisure leisure and the Horatian Horatian arts living.* Struc­ Struclaziness into and the arts ofof living.24 ture, hierarchy, and aa push push (up (up or or out) out) would would be be needed make ture, hierarchy, and needed toto make for liberty. And when either liberty or structure was neglected, for liberty. And when either liberty or structure was neglected, someone’s honor would be be the the victim—to victim—to say say nothing nothing of of the the someone’s honor would colony’s general general productivity. productivity. Bacon’s Bacon’s Rebellion Rebellion was was thus thus no colony’s no anomaly, no outburst democracy. were the the anom aly, no outburst ofof dem ocracy. NNeither either were of North North Carolina. The appropriate comparisons are ““‘Regulators” Regulators” of Carolina. The appropriate comparisons are with the elections of of Andrew Andrew Jackson Thomas Jefferson, Jefferson, the the with the elections Jackson and and Thomas Populist revolts ofof post-Reconstruction days and and the American Populist revolts post-Reconstruction days the American Revolution itself, itself, as as the the South understood that These ex­ exRevolution South understood that dispute. dispute. These plosions were, were, in in the the words of Howard Jones (in (in speaking speaking plosions words of Howard Mumford Mumford Jones of John John Smith’s Smith’s strictures his “gentles”), “gentles’’), “against governing of strictures ofof his “against aa governing class derelict in its duty,” not rejections of the idea of class.” class derelict in its duty,” not rejections of the idea of class.25 ItIt isis easy to any portion portion of of Southern Southern colonial colonial history easy to demonstrate demonstrate from from any history that egalitarianism got no no foothold foothold in in the the original South, that that up­ upthat egalitarianism got original South, roars came came only only of of insistence that the the always structure of roars insistence that always flexible flexible structure of their world world operate to the the common common good. minds” will will settheir operate to good. ‘“‘Heroic “Heroic minds” set­ tle tle for for nothing nothing less. less. 178 178

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The good name), name), The early early South’s South’s highest highest motives motives (a (a desire desire for for good the practical practical objectives objectives behind behind its founding, and and the the concrete concrete cir­ cirthe its founding, cumstances (even without cumstances of of its its unfolding unfolding thus thus guaranteed guaranteed (even without the the con­ continuous influence influence of of English English political political development) development) that that it it would would tinuous come come out out neither neither Whig Whig nor nor Tory.26 Tory.* Colonial Colonial mercantilist mercantilist economics, the motive by Smith, economics, the motive of of wealth, wealth, honestly honestly announced announced by Smith, was of of course course an an influence influence in in the the former former direction, direction, as were the the was as were necessities free necessities of of self-reliance, self-reliance, especially especially on on the the frontier. frontier. The The free planter learned learned to trust himself, himself, to to be, by his Ais location location in in Virginia Virginia or or planter to trust be, by Carolina Carolina, , something something more more than than an an Englishman, Englishman, though though only only in­ incidentally unselfconsciously so—out so—out of cidentally and and unselfconsciously of his his whole whole Englishness. Englishness. Like the the Constitution Constitution back back home, home, he became organically; organically; he disLike he became he dis­ covered no bishop, bishop, covered himself himself in in practice. practice. Hence, Hence, the the planter planter wanted wanted no powerful bureaucracy, bureaucracy, and and no no royal royal toady toady for for governor. governor. And And he he got got powerful his way way early on, reshaping reshaping these these instruments instruments as he settled settled in in, , his early on, as he though with with no intended. Yet Yet from from the the other other side side came came the the though no impiety impiety intended. tug of of the the overall overall social model, acceptance acceptance of of the church, tug social model, the English English church, law, political habits and international concerns, and a freedom law, political habits and international concerns, and a freedom from all all prospect prospect of of felt felt discontinuity. discontinuity. These, These, and and also also aa temperate temperate from spirit in questions of of innovation, innovation, an an absence absence of of ideology, ideology, aa suspicion suspicion spirit in questions of of schools schools as as seminaries seminaries of of unrest, unrest, and and aa general general modesty modesty about about the the universal importance importance of of their their new new culture culture blessed blessed the the oldest universal oldest South. South. New schemes schemes met met generally generally with with cold regard unless unless attached to the the New cold regard attached to most men like most limited limited and and practical practical objectives.27 objectives.”” And And learning, learning, in in men like Byrd, William William Fitzhugh, Fitzhugh, or or Robert Robert Carter, Carter, was was thought thought desirable desirable Byrd, because of of the the duties duties of of their their station, as aa resource resource whose whose applica­ applicabecause station, as tion world—a resource tion proceeds proceeds from from experience experience of of the the world—a resource perhaps perhaps dangerous in in the the hands hands of of men men not not so so prepared.28 prepared.” dangerous Families set set well well in in the the land land or or on on the move in in search search of of such such Families the move establishment—these filled filled in in the the empty empty spaces spaces in in this this Southern Southern establishment—these system. more important system. No No fact fact is is more important to to its its interpretation interpretation than than its its agricultural character, not even even the the presence presence of of the the Negro Negro or or the the agricultural character, not homogeneity of the from landed homogeneity of the whole whole population. population. And And from landed families families grew up up the the patriarchate, patriarchate, aa social social system system more more like like old old Scotland Scotland or grew or 179 179

AA Better Better Guide Guide Than Than Reason Reason the Britain Britain of of the the Anglo-Saxons Anglo-Saxons than than the the England England of of Dr. Dr. Johnson. Johnson. the But practical interests to be But these these developments, developments, as as heroism heroism served served practical interests to be resolved in husbandry, required required some some time, time, and and are are the the subject subject of of resolved in husbandry, another as old. another essay. essay. New New Troy Troy is is never never quite quite the the same same as old. Nor Nor should should itit be, be, ifif the the essential essential prescription prescription remains remains intact. intact. H.M. H.M. Jones Jones does does well to to speak speak of of the the first first South South as, as, like like its its earliest earliest literature, literature, well “worldly”, “pragmatic”, “pragmatic”, and and “H “‘Horatian”’.” The inherited inherited religion religion “worldly”, oratian”.29 The present, but but with with no no prospect fresh revelations revelations and and no no excessive excessive isis present, prospect ofof fresh demands upon upon frail frail flesh. flesh. Things Things given are regarded regarded as providendemands given are as providen­ tial, modest variety of opinion tial, the the mysteries mysteries are are not not plumbed, plumbed, and and aa modest variety of opinion on both both subjects subjects is is accepted with no danger of of intolerance. intolerance. Lastly, on accepted with no danger Lastly, the concrete concrete particularity particularity of of things things isis regarded regarded as as both both real real and, and, the relatively speaking, good. Blood Blood ties ties are are in the process given great relatively speaking, good. in the process given great importance—and the the logic logic of of slavery slavery for for another another blood made more more importance—and blood made understandable. This world world was was clearly no place place for for the introvert, understandable. This clearly no the introvert, the philosophe, philosophe, or or the the self-anointed self-anointed prophet, prophet, no no proving proving ground ground for for the the closet metaphysician/political metaphysician/political tinker or his the closet tinker or his tool, tool, the the anonymous anonymous prole mind was, prole. . The The comparison comparison which which comes comes to to mind was, of of course, course, the the favorite of of many American colonial colonial thinkers, thinkers, Republican Republican Rome. favorite many American Rome. But what does does not not occur occur is is an an equation equation with with New New England. England. But what But II get come But get ahead ahead of of my my narrative narrative once once more. more. The The time time has has come for subcultures, the for completion completion of of the the promised promised contrast contrast of of colonial colonial subcultures, the definition definition of of terms terms for for the the dialectic dialectic of of our our cultural cultural and and political political history depar­ history to to this this day. day. Unlike Unlike the the South, South, New New England England was was aa departure, aa creation creation of of mind mind (or (or mind as vehicle vehicle for for God’s God’s revealed revealed will). will). ture, mind as Its Its founding founding intended intended something something immodest, immodest, the the correction correction and and restructuring of of all all other other polities. polities. And And its its view view of of the the given given raw raw restructuring materials of of the the new new world world was was even even more more aggressive than that that of materials aggressive than of the Jews going down into Canaan. Hence, New England thought the Jews going down into Canaan. Hence, New England thought isis rarely pastoral. pastoral. And And for for the the essentially essentially Aristotelian Aristotelian or old Ger­ Gerrarely or old manic notion notion of of heroism heroism (in (in men men or or nations) nations) the the Puritans Puritans could manic could have only only uneasy uneasy admiration. admiration. Regard Regard for for the the prescription prescription had had been been have undermined undermined by by the the process process of of Reformation Reformation and and civil civil war. war. And And the the idea of of ordinate ordinate pride pride made little sense sense to to those those under under the the shadow shadow idea made little

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of total “ election” could could support of total depravity. depravity. Only Only aa suspicion suspicion of of “‘election” support their have in­ their self-respect. self-respect. And And if, if, as as Max Max Weber Weber and and Company Company have in-

sisted, the the commercial commercial spirit spirit of of Protestantism Protestantism proceeds proceeds from from aa sisted, desire to desire to “feel” “‘feel’’ elected, elected, then then that that is is something something very very different different and and far far more supercharged than than what reference to in more supercharged what Captain Captain Smith Smith made made reference to in his promises of wealth. wealth. The The problem with New New England England society was his promises of problem with society was from character, its from the the first first its its gnostic gnostic or or millenarian millenarian character, its assumption assumption of of all ofof life’s concerns under and itsits conse­ all life’s concerns under the the heading heading of of religion religion and consequent refusal refusal to to live live with contingency, inside inside time time and and history. The quent with contingency, history. The South has South has had had dissenters dissenters from from the the first. first. They They behaved behaved well, well, were were in in theology or Augustinian, yet kept kept heaven heaven and and earth earth theology otherworldly otherworldly or Augustinian, yet (the two two cities) cities) clearly clearly separate, separate. practicing practicing their their faith while giving giving (the faith while no provocation. provocation. Dissent Dissent (or (or Congregationalism) congregationalism) was was not not the the no problem. in the the strict strict Puritan Puritan stance stance or or dispensation dispensation problem. The The quality quality in that, as tolerated was that, as the the South South came came to to realize, realize, was was not not to to be be tolerated was an an eschatology and aa strong strong tendency tendency to press the the process process forward, eschatology and to press forward, toto equate its fortune fortune and and its its will will with with divine divine purpose, purpose, as as perceived perceived equate its around Boston. sin; no around Boston. Disagreement Disagreement was was sin; no practical practical or or prudential prudential questions means questions could could exist; exist; abstractions abstractions were were absolute, absolute, and and no no means were inappropriate inappropriate in in their their service. service. That That such an intellectual were such an intellectual and and emotional machinery machinery was was taking taking root root north north and and east of emotional east of Philadelphia, Dixie Dixie was was slow slow to to recognize. recognize. Restoration Restoration had ocPhiladelphia, had oc­ curred in in England. England. Cromwell’s Cromwell’s minions minions were were driven underground. curred driven underground. And of the And this this moderate moderate England, England, the the mother mother country country of the Revolution Revolution of the South sister colonies of 1688, 1688, stood stood as as aa buffer buffer between between the South and and its its sister colonies to of various the to the the north—the north—the territories territories of various sorts sorts which which became became the North, , once once New New England England had had imposed imposed upon upon them intellectual North them anan intellectual hegemony. But But it it could could learn learn about about these these developments developments only only after after hegemony. the of independence—did the coming coming of independence—did assuredly assuredly begin begin to to learn learn about about probable animosities animosities (and (and thus thus about about itself) itself) after after aa government government was was probable formed. O Our spiritual history history commences commences at at that point. formed. ur spiritual that point.

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NOTES NOTES 1.1. Reprinted Reprinted on the on pp. pp. 296 296 -- 297 297 of of J. J. William William Hebei Hebel and and Hoyt Hoyt H. H. Hudson’s Hudson’s Poetry Poetry of of the English English Renaissance Renaissance, , 1509 1509 -- 1660 1660 (New (New York: York: Appleton-Century Appleton-Century Crofts, Crofts, Inc., Inc., 1929). 1929). Richard Hakluyt’s Hakluyt’s Principal Principal Navigations Navigations, , Voyages Voyages, , and and Discoveries the English English Nation Nation 2.2. Richard Discoveries ofof the

appeared are less appeared in in 1600; 1600; earlier earlier versions versions are less complete. complete. 3. See p. 13 13 of of Francis Francis Butler History of of the the South South (New (New York: York: Alfred Alfred A. A. Knopf, Knopf, 3. See p. Butler Simkins’ Simkins’ AA History 1959). Simkins Simkins insists insists on on the the original original force force of this desire desire to to reproduce reproduce England. England. In In the the same 1959). of this same connection, see see also also Carl Carl Bridenbaugh’s Bridenbaugh’s M Myths and Realities: Realities: Societies Societies of of the the Colonial Colonial Penod Period connection, yths and (Baton Rouge: Louisiana Louisiana State State University University Press, Press, 1952), 1952), p. (Baton Rouge: p. 5.5. 4. Allen Allen Tate, Faulkner: 1897 1897 -- 1962”, 1962”, Sewanee Sewanee Review, LX XI 1962), 4. Tate, “William “William Faulkner: Review , LX XI (Winter, (Winter, 1962), 160 164. 160 -- 164. See pp. pp. 78 78 -- 79 79 of of Louis Louis B. B. W Wright’s edition of of AA Voyage Voyage to to Virginia Virginia in in 1609 1609 5.5. See right’s edition (Charlottesville: University Press Press of of Virginia, Virginia, 1964), 1964), which which contains contains William William Strachey’s “A (Charlottesville: University Strachey’s “A True his Pilgrimes True Reportory”; Reportory”; the the same same image image runs runs throughout throughout Samuel Samuel Purchas’ Purchas’ Purchas Purchas his Pilgrimes, , aa sequel to to Hakluyt. Hakluyt. sequel 6.6. II refer Cretensis (Ephemeris (Ephemens de refer to to Dares Dares Phrygius Phrygius (De (De Excidio Excidio Trojae Trojae Historia) Historia) and and Dictys Dictys Cretensis de Historia Belli Belli Trojani Trojani),), whose whose pro-Trojan pro-Trojan narratives narratives had had aa great great influence influence on on subsequent subsequent HistoHa European historians. historians. European 7. Quoted Quoted from from vol. vol. IV IV of of Douglas Douglas Southall Southall Freeman’s Freeman’s RR.E. (New York: York: Charles Charles 7. .E . Lee Lee (New Scribner’s Sons, Sons, 1946), 1946), p. p. 260. 260. Scribner’s 8. Bernard Bernard J. Sage, The The Republic Republic of of Republics Republics (Boston: (Boston: Little, Little, Brown Brown and and Company, Company, 1881 1881).). 8. J. Sage, For aa discussion discussion of of this this work, work, see see pp. pp. 133 133 -- 135 135 of of Richard Richard M. M. Weaver’s Weaver’s The Southern Tradition Tradition For The Southern at Bay: Bay: AA History History of of Pöstbellum Postbellum Thought Thought, , ed. ed. George George Core Core and and M M.E. Bradford (New (New Rochelle, Rochelle, at .E. Bradford N.Y.: Arlington Arlington House, House, 1968). 1968). Concerning Wirt, see see William William R. R. Taylor’s Taylor’s Cavalier Cavalier and and Yankee: Yankee: N.Y.: Concerning Wirt, The Old South and and American American National National Character Character (New (New York: York: George George Braziller, Braziller, Inc., 1961), pp. pp. The Old South Inc., 1961), 81 89. 81 -- 89, 9. attempt here survey the Puritan tradition. 9. II shall shall not not attempt here to to survey the scholarship scholarship on on the the Puritan tradition. What What II employ is is aa private private synthesis. employ synthesis. 10. Ernest Ernest Lee Lee Tuveson, Tuveson, Redeemer Redeemer Nation: Nation: The The Idea Idea of America’s Millennial Role (Chicago: (Chicago: 10. of Amenca’s M illennial Role University Tuveson*s isis aa thorough aspect of University of of Chicago Chicago Press, Press, 1968). 1968). Tuveson’s thorough account account of of this this aspect of American American Puritanism. Puritanism. 11. the Garden: and the Pastoral Ideal 11. Leo Leo Marx, Marx, The The Machine Machine in in the Garden: Technology Technology and the Pastoral Ideal in in America America (New (New York: Oxford Oxford University University Press, Press, 1964), 1964), pp. pp. 86 86 -88. -88. This This “cultivated ‘“‘cultivated garden” garden” he equates with with York: he equates the the classical classical “golden “golden mean” mean” or or “middle “middle way”. way”. 12. Howard Howard Mumford Mumford Jones, Jones, The The Literature Literature of of Virginia Virginia in in the Seventeenth Century Century 12. the Seventeenth (Charlottesville: University University Press of Virginia, Virginia, 1968), 1968), p. p. 52. 52. (Charlottesville: Press of 13. Captain John John Smith, ew England, 13. Captain Smith, The The Generali Generall Historie Historie of of Virginia, Virginia, N New England, and and the the Summer Summer Isles Isles (London, 1642; 1642; reprinted reprinted by by University University Microfilms Microfilms [Ann [Ann Arbor] Arbor] in in 1966), 1966), p. p. 227. 227. (London, 14. Jones, Jones, H.M H.M.,., p. 14. p. 25. 25. 15. History and Present State 15. Robert Robert Beverley, Beverley, The The History and Present State of of Virginia Virginia (Chapel (Chapel Hill: Hill: University University of of North North Carolina Carolina Press, Press, 1947), 1947), edited edited by by Louis Louis B. B. Wright, Wright, pp. pp. 15 15 -- 16. 16. For For an an equivalent equivalent passage, passage, consider consider p. p. 86 86 of of Hugh Hugh Talmage Talmage Letter’s Lefler’s edition edition of of John John Lawson’s Lawson’s 1709 1709 A A New New Voyage Voyage to to Carolina Carolina (Chapel (Chapel Hill: Hill: University University of of North North Carolina Carolina Press, Press, 1967). 1967). The The Eden Eden analogy analogy was commonplace in in immigration immigration propaganda propaganda and other literature literature written written before before the the fact fact was aa commonplace and other of settlement. of settlement. See See for for instance instance the the complaining complaining remarks remarks concerning concerning this this misleading misleading propaganda by 1741 AA True propaganda by Patrick Patrick Tailfer Tailfer in in his his 1741 True Historical Historical Narrative Narrative of of the the Colony Colony of of Georgia Georgia (Athens: University University of of Georgia Georgia Press, Press, 1960), 1960), edited edited by by Clarence Clarence L. L. Ver Steeg, p. p. 11. 11. (Athens: Ver Steeg, However, the of the However, the early early writings writings of the settled settled colonists colonists toned toned down down the the primitivism primitivism and and high high ex­ ex18 1822

The The Colonial Colonial Ongins Origins of of the the Southern Southern Tradition Tradition pectations toward toward aa pastoral that expects effort and pectations pastoral that expects some some effort and some some acceptance. acceptance. Their Their use use of of

nature “co-operative”. See nature could could be be called called ‘“‘co-operative’’. See also also George George Alsop’s Alsop’s AA Character Character of of the the Province Province of of M aryland (London, Maryland (London, 1666) 1666) for for supporting supporting evidence. evidence. 16. Strachey, Strachey, p. p. 6, 6, and and Arthur Barlowe’s “The “The First First Voyage Voyage Made Made to to the the Coasts Coasts of of 16. Arthur Barlowe’s America . . . .” on p. combined the America... .” (1584), (1584), quoted quoted on p. 37 37 of of Marx. Marx. II have have combined the two. two. 17. Quoted in Jones, pp. 45 -- 46. 17. Quoted in H.M H.M. . Jones, pp. 45 46. 18. Ibid., Ibid., p. p. 50. 50. 18. 19. Louis 19. Louis B. B. Wright, Wright, The The First First Gentlemen Gentlemen of of Virginia Virginia (Charlottesville: (Charlottesville: University University Press Press of of Virginia, Virginia, 1964), 1964), especially especially the the first first and and last last chapters. chapters. 20. 20. Beverley, Beverley, pp. pp. 296 296 -- 297 297 and and 318. 318. 21. illiam Byrd, (17 1 7-- 1721) 21. W William Byrd, The The London London Diary Diary (1717 1721) and and Other Other Writings Writings (New (New York: York: Oxford Oxford University University Press, Press, 1958), 1958), pp. pp. 564 564 -- 565. 565. 22. Hugh Hugh Jones, Jones, The The Present Present State State of of Virginia Virginia, , edited edited by Richard L. L. Morton (Chapel Hill: Hill: 22. by Richard Morton (Chapel University of of North North Carolina Carolina Press, Press, 1956), 1956), p. p. 81. 81. University 23. Benjamin Benjamin Martyn, Martyn, “An “An Impartial Impartial Inquiry into the the State State and and Utility Provence of of 23. Inquiry into Utility ofof the the Provence Georgia”, reprinted reprinted from from the the 1741 1741 edition edition in in Collections Collections of of the the Georgia Georgia Historical Soctety (Savan­ (SavanGeorgia”, Historical Society nah, 1840—) ) I, I, 155. 155. nah, 1840— 24. For For aa history history of of this this problem, problem, II recommend recommend David David Bertelson’s Lazy South South (New (New 24. Bertelson’s The The Lazy York: 1967). York: Oxford Oxford University University Press, Press, 1967). 25. H.M H.M. . Jones, Jones, p.p. 53. 53. In In the the same same vein, vein, see see p. p. 25 25 of of Hartwell Hartwell Blair Blair and and Chilton’s Chilton’s The The Pre­ Pre25. sent the College sent State State of of Virginia Virginia and and the College (1727), (1727), as as edited edited by by Hunter Hunter Dickinson Dickinson Farish Farish (Charlottesville: 1964). (Charlottesville: University University Press Press of of Virginia, Virginia, 1964). 26. Hugh Hugh Jones, Jones, p. p. 83. 83. 26. 27. Ibid Ibid.,., p. p. 81. 81. 27. 28. Governor Governor Berkeley, Berkeley, for for instance, rejoiced to to report report that that in in the the Virginia Virginia of of 1671 1671 there there 28. instance, rejoiced were “no “no free free schools”. This was was not not so much aa contradiction contradiction of of Virginia’s Virginia’s zeal zeal for for The The were schools”. This so much College of William and and Mary as it it may may appear. appear. See See Jay Jay B. B. H Hubbell’s The South South in in American American College of William Mary as ubbell’s The Literature, 1607 -- 1900 (Durham: Duke Duke University Press, 1954), 1954), p. Literature, 1607 1900 (Durham: University Press, p. 8.8. 29. 29. H.M H.M. . Jones, Jones, pp. pp. 121 121 -- 122. 122. Another Another useful useful summary summary of of Virginia Virginia letters letters appears appears in in Richard Beale Beale Davis’ Davis’ Literature Literature and and Society Society in in Early Early Virginia. Virginia. 16081608- 1840 1840 (Baton Rouge: Richard (Baton Rouge: Louisiana State State University University Press, Press, 1973). Louisiana 1973).

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LINCOLN, THE THE DECLARATION, DECLARATION, LINCOLN, AND SECULAR PURITANISM: PURITANISM: AA RHETORIC RHETORIC AND SECULAR FOR CONTINUING REVOLUTION FOR CONTINUING REVOLUTION Though we we have have never never been been aa “people” “people” in in the received and and Though the received historic sense that term, term, it it is is aa commonplace commonplace of of scholarship that historic sense ofof that scholarship that Americans make make up up the the most most self-confident self-confident and and least least self-conscious self-conscious Americans of modern modern societies. For over over two two hundred hundred years has been been our our im­ imof societies. For years itit has agination agination that that we we “knew” “‘knew” our our nature nature and and destiny.1 destiny.’ Unequivocally Unequivocally we we affirmed affirmed that that the the obvious obvious truth truth of of who-and-for-what who-and-for-what we we were were was was contained contained in in aa set set of of sacred sacred (but (but generally generally extra-legal) extra-legal) documents. authority was no more to question documents. Their Their authority was no more subject subject to question than than that that of of the the tablets tablets given given upon upon the the mountain. mountain. Neither Neither has has aa detailed detailed inquiry into into their their formal formal properties properties (and (and therefore therefore their their intrinsic inquiry intrinsic ambiguities) been been encouraged. encouraged. For For our our truth truth was was “one “‘one and and in­ inambiguities) divisible”. Of Of course, course, we we sometimes sometimes quarreled quarreled over over the the meaning meaning of of divisible”. these a a priori priort guarantees guarantees of of our our future future well-being, well-being, quarreled quarreled even even as as these we agreed agreed upon upon their canonical status. status. But But whatever whatever side of the the dis­ diswe their canonical side of agreement agreement the the earlier earlier American American took took for for his his own, own, his his explanation explanation of of the obscuran­ the dispute dispute he he had had joined joined was was always always the the stupidity stupidity and and obscurantism his antagonists.? antagonists.2 Moreover, tism of of his Moreover, the the breathtaking breathtaking pace, pace, in­ institutionalized and periodic stitutionalized good good fortune, fortune, and periodic convulsiveness convulsiveness of of our our record could could be be trusted trusted to prevent any any single single view of the the matters matters record to prevent view of contested contested from from being being pursued pursued into into the the hard hard divisions divisions of of aa nationwide and nation-affecting conflict between permanent nationwide and nation-affecting conflict between permanent orthodoxies: after World World War orthodoxies: trusted trusted until until after War II, II, when when the the impact impact of of said had advanced said instruments instruments had advanced aa considerable considerable distance distance in in its its purchase upon upon our our common common experience.’ (Of course, must except except purchase experience.3 (Of course, II must 185 185

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the South South from from these these generalizations. generalizations. And And even there the the hardening hardening the even there process process did did not not achieve achieve completion completion until until the the conclusion conclusion of of the the War War Between the States when the South South was was near near voiceless voiceless and and disBetween the States when the dis­ credited, so so far far as as political political doctrine doctrine was was concerned. concerned. Furthermore, Furthermore, credited, before this this localized localized firmness firmness could could affect general “we”, ‘‘we’’, the the before affect the the general ongoing flow flow of of the the national national “business” “business” had had caught caught up up the the unruly unruly ongoing children of secession and mitigated mitigated their “otherness” into into the the ex­ exchildren of secession and their “otherness” ception ception which which proves proves the the rule. rule. In In any any case, case, even even if if Dixie Dixie had had remained to in obdurate obdurate and rebellion ofof the remained to the the present present in and principled principled rebellion the spirit, the national spirit, itit could could not not have have altered altered the national self-assurance self-assurance of of Union Union and and its its grounds. grounds. For For the the rest rest of of the the Republic Republic has has always always expected expected the South South to the to be be something something like like “another “another country”, country”, aa heresy heresy bound bound by geography geography and and therefore therefore beside beside the the point point in in aa discussion discussion of by of America at at large.4) large.*) America My announcement announcement at at this this point, point, and and the the occasion of my my disMy occasion of dis­ course, isis thus of course, thus simple: simple: the the for-the-sanguine-necessary for-the-sanguine-necessary process process of disabusement by deserved disaster disaster is is near near to to fruition. fruition. It It isis now now disabusement by deserved possible to consider consider the the ambiguities ambiguities of of texture texture and and design design that that possible to make fair all powers make fair to to divide divide us us beyond beyond all powers of of healing—and healing—and to to paralyze century (at paralyze our our hand hand abroad. abroad. For For the the first first time time in in aa century (at Get­ Gettysburg tysburg we we were were almost almost forced forced to to learn learn how how divided divided we we could could be), be), the the generality our countrymen countrymen have have had had some some intimation intimation of of their their generality ofof our subjection to the subjection as as aa body body to the ordinary ordinary laws laws of of group group mortality: mortality: some some inkling that any any number number of of circumstances in combination combination might might eninkling that circumstances in en­ sure would cease cease forever forever to be anything anything recognizable recognizable as as sure that that they they would to be the United The realization passed among the United States. States. The realization has has passed among us us with with little little acknowledgement, like like some some cool cool subterranean subterranean breath breath of of air air acknowledgement, freshening for for an an instant instant into into aa sunlight sunlight it it has has never never before before con­ confreshening fronted place of fronted and and through through aa place of noisy, noisy, foolish foolish celebration; celebration; and, and, while while we shivered on on the the touch, touch, each each man man and woman of of our our company company we shivered and woman sensed that that no no purpose purpose could be served served in in speaking speaking of sensed could be of the the foreboding we shared, shared, no no reason reason found found for for notice notice of the omen omen foreboding we of the because itsits presage was immediate because presage was immediate and and well-nigh well-nigh irrevocable. irrevocable. Earlier allusion to the far away trumpets of apocalypse, the Earlier allusion to the far away trumpets of apocalypse, the reference of aa bygone bygone righteousness, righteousness, provided provided for for an an in­ inreference points points of 18 6 186

The Continuing Revolution The Rhetoric Rhetoric for for Continuing Revolution definite interval interval of of remorse, remorse, repentance, repentance, and and (perhaps) (perhaps) remission. remission. definite Ninevah only ““‘soon—very soon—very soon”. Ninevah was was spared! spared! But But this this wind wind said said only soon”. Therefore, Therefore, without without publicly publicly specifying specifying why, why, we we are, are, as as never never before, before, prepared to to doubt doubt our our secularized secularized eschatology; eschatology; to to examine the prepared examine the “roads taken”, taken”, the the evangels evangels heeded, heeded, and and the the prophets deputized to “roads prophets deputized to lead the march. lead forward forward the march. And, And, for for similar similar reasons, reasons, there there is is an an urgen­ urgency retrospection on cy to to our our retrospection on once once “safe ‘“‘safe assumptions” assumptions” which which resembles not so much the curiosity of the antiquarian or resembles not so much the curiosity of the antiquarian or the the animus of the animus of the partisan partisan as as the the anguish anguish of of the the self-condemned. self-condemned. In accepting accepting the the opportunity opportunity described described above, above, in in focusing as aa In focusing as ‘practicing rhetorician on on the the aforementioned aforementioned internal internal contradictions contradictions of of practicing rhetorician thrust and and presupposition, presupposition, II must must from from the the first first admit admit that that my ilthrust my il­ lustrative selection selection of of the the sanctified sanctified American American writings writings is is nothing nothing lustrative like aa full one. Fortunately, Fortunately, some some materials materials in in this this collection collection are are like full one. more sacred, sacred, because because more more rhetorical, rhetorical, than than others. others. Three Three in in parmore par­ ticular demand demand close close inspection inspection in in any any survey survey of of the the lot. Even more more ticular lot. Even fortunately, these these three stand at at the the center center of of the the total total series series to to in­ infortunately, three stand form such power by the form it it with with such power as as they they possess. possess. Ordered Ordered by the logic logic of of our our democratic democratic tropology, tropology, they they are are illustrations illustrations of of the the national national debt debt to to what the the older older rhetoricians rhetoricians called called aa “mixture ‘“‘mixture of of the the modes”, modes”, aa what species of of confusion confusion which which has has disguised disguised from from our our view the species view the probable sources sources of our present present peril. peril. (And, (And, as as II have have excepted excepted the the probable of our South analysis, so South from from my my analysis, so must must II except except the the Constitution. Constitution. The The two two together, together, province province and and arhetorical arhetorical instrument instrument of of law law qua qua law, law, are are the foreground against which my subjects play out their effects.*) the foreground against which my subjects play out their effects.5) After in the After the the example example of of the the poets, poets, II must must begin begin in the middle. middle. For For the the significance significance of of this this procession procession comes comes clear clear only only there, there, in in Lin­ Lincoln’s Gettysburg Address. state my coln’s Gettysburg Address. To To state my argument argument briefly, briefly, what what the the Emancipator the nation in (or Emancipator accomplished accomplished by by confirming confirming the nation in (or “institutionalizing”) an erroneous “‘institutionalizing”’) an erroneous understanding understanding of of the the Declara­ Declaration tion of of Independence Independence made made possible possible the the ultimate ultimate elevation elevation of of that that same error error in in Mrs. Mrs. Howe’s Howe’s “war “war song” song” and and set set us us forever forever to to same “trampling out out the the grapes grapes of More importantly, importantly, the the proofs proofs “trampling of wwrath”. rath”. More of our of this this synopsis—and synopsis—and the the proper proper instruments instruments for for extricating extricating our country from country from the the now now evolving evolving political political and and intellectual intellectual impasse impasse 187 187

AA Better Than Reason Better Guide Guide Than Reason which in aa conjunction conjunction of of the the ancient ancient which itit explains—ave explains— are available available in

rhetorical distinctions distinctions between between levels levels of of style style and and kinds kinds of of dis­ disrhetorical course. There, course. There, and and not not in in the the straightforward straightforward dismemberings dismemberings of of the the

political philosophers. philosophers. For the Declaration Declaration of of Independence Independence is is aa political For the lawyer’s answer to the lawyer’s answer to to lawyers, lawyers, aa counterplea counterplea to the English English cum apologia government’s explanation government’s explanation cum apologia of of its its American American policy—a policy—a forensic counterplea organization. Moreover, forensic counterplea in in tone tone and and organization. Moreover, the the Get­ Gettysburg oration in tysburg Address Address is is an an unmistakable unmistakable memorial memorial oration in the the high high epideictic solemn moments. And finally, finally, epideictic vein vein prescribed prescribed for for such such solemn moments. And “The the Republic” “The Battle Battle Hymn Hymn of of the Republic” is is certainly certainly aa “practical “practical poem” of the poem” of the Dorian Dorian variety, variety, an an exhortation exhortation to to action action which which would would have created created no no surprises its numbers numbers sounded through the the have surprises had had its sounded through ranks of of Cromwell’s Cromwell’s Ironsides.6 Ironsides.‘ Consistent Consistent with with the the pattern pattern which which ranks produces all all such such ‘“‘landmarks”’, everything to to be be identified identified in in (and (and produces “landmarks”, everything complained these singular complained about) about) each each of of these singular writings writings is is available available in in other other sources sources contemporary contemporary with with them: them: aa cluster cluster of of related related speeches, and poems speeches, histories, histories, essays essays in in opinion, opinion, and poems surrounding surrounding and and supporting splendors. As supporting their their separate separate splendors. As II said said above, above, history history did did not isolation or the order time and not give give them them to to us us in in isolation or according according to to the order of of time and importance importance which which they they have have assumed. assumed. Their Their form form finally finally deter­ determined meaning, their “ family tree” mined their their meaning, their ‘‘family tree” as as we we presently presently conceive conceive of it. it. The The Declaration, Declaration, Address, Address, and and “Hymn” are therefore therefore of “ Hymn” are epitomes, hallowed hallowed by by usage usage (and confirmed by by their their own own internal internal epitomes, (and confirmed logic) the country logic) into into aa millennialist millennialist and and gnostic gnostic injunction injunction to to the country (and species) at an injunction (and indeed indeed the the species) at large: large: an injunction which which can can never never rest easy easy with with the given social and moral moral nature nature of of the the poor poor souls souls rest the given social and whom it enjoins.’ The reason behind this movement of mindless whom it enjoins.7 The reason behind this movement of mindless rehearsal rehearsal into into myth myth is is then then the the success success of of Mr. Mr. Lincoln’s Lincoln’s battlefield battlefield performance. In In such such aa cauldron cauldron history history is is easily easily remade. remade. For For Lin­ Linperformance. coln’s Pennsylvania Pennsylvania miracle miracle isis visible visible in in the the shape and surface surface of of its its coln’s shape and accomplishment, aa retreat retreat from from proposition, proposition, discussion, discussion, and and argu­ arguaccomplishment, ment into into oracle oracle and and glorified glorified announcement: announcement: an an advance advance from from dis­ disment course of of what what is is believed belteved toto be be into into an assertion of of what what must must be, be, and and course an assertion

yet forever forever remain remain in in the the process process of of becoming. becoming. yet

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The property of The most most important important formal formal property of Lincoln’s Lincoln’s great great ad­ address the biblical dress is is the biblical language language in in which which it it is is cast: cast: Four Four score score and and seven seven years years ago ago our our fathers fathers brought brought forth forth on on this this continent, continent, a a new new nation, nation, conceived conceived in in Liberty, Liberty, and and dedicated dedicated to to the the proposition that all men are proposition that all men are created created equal. equal. Now we great civil war, testing Now we are are engaged engaged in in aa great civil war, testing whether whether that that na­ nation, or any any nation so conceived tion, or nation so conceived and and so so dedicated, dedicated, can can long long endure. endure. We We are met met onon aa great dedicate aa are great battle-field battle-field of of that that war. war. We We have have come come to to dedicate portion for those portion of of that that field, field, as as aa final final resting resting place place for those who who here here gave gave their their lives proper that lives that that that that nation nation might might live. live. It It is is altogether altogether fitting fitting and and proper that we we should dodo this. should this. But, not dedicate—we But, in in aa larger larger sense, sense, we we can can not dedicate—we can can not not con­ consecrate—we can not hallow—this and secrate—we can not hallow—this ground. ground. The The brave brave men, men, living living and dead, who far above power dead, who struggled struggled here, here, have have consecrated consecrated it, it, far above our our poor poor power to add world will note, nor remember what to add or or detract. detract. The The world will little little note, nor long long remember what we we say never forget living, say here, here, but but it it can can never forget what what they they did did here. here. It It is is for for us us the the living, rather, dedicated here the unfinished who rather, to to be be dedicated here to to the unfinished work work which which they they who fought far so be here fought here here have have thus thus far so nobly nobly advanced. advanced. It It isis rather rather for for us us to to be here dedicated before us—that from these dedicated to to the the great great task task remaining remaining before us—that from these honored honored dead that cause dead we we take take increased increased devotion devotion to to that cause for for which which they they gave gave the the last last full nation, under full measure measure of of devotion—that devotion—that this this nation, under God, God, shall shall have have a a new new birth government of birth of of freedom—and freedom—and that that government of the the people, people, by by the the people, people, and and for the people, from the for the people, shall shall not not perish perish from the earth. earth.

For effect of For Americans, Americans, the the effect of this this epideictic epideictic encapsulation encapsulation isis what what the after observing and the Greeks Greeks called called “Asiatic”, ‘“‘Asiatic”, after observing its its prevalence prevalence and usefulness beyond their usefulness among among nations nations living living beyond their eastern eastern boundaries. boundaries. It It isis aa prerhetorical rhetoric, suited prerhetorical rhetoric, suited to to judges, judges, prophets, prophets, and and priest/kings who who instruct instruct and priest/kings and command command without without explaining: explaining: that that is, concerning the is, suitable suitable to to aa “closed” ‘“‘closed” world. world. As As no no dispute dispute concerning the materials the end end to materials it it enshrined enshrined was was imaginable, imaginable, the to which which it it was was employed very different of the employed was was obviously obviously very different from from that that of the deliberative deliberative and forensic discoursings and forensic discoursings of of which which the the Athenian Athenian philosophers philosophers ap­ approved.8 Never did the epideictic serve in pure Hellenic “ deciding proved.® Never did the epideictic serve in pure Hellenic “deciding before” choice.9 Probably its intent before” or or “judging “judging after” after” aa genuine genuine choice.’ Probably its intent was instead the the affirmation was instead affirmation of of aa common common bond—often bond—often in in its its user, user, but by those or read but always always shared shared by those who who heard heard or read after after him. him. Of Of course, course, as authorities” among or over as long long as as there there have have been been ““‘authorities” among or over their their peo­ people, remained aa part ple, the the style style has has remained part of of every every rhetorician’s rhetorician’s equipment, equipment, 189 189

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aa magic magic to to be be used used whenever whenever what what was was there there for for the the saying saying was was less less important the saying itself.10 Now, important than than the saying itself."° Now, we we may may at at first first reasonably reasonably resist this association Lincoln and resist this association of of Lincoln and Oriental Oriental despotism, despotism, especially especially ifif we know of Rationalism.11 But before we we know of his his Necessitarian Necessitarian Rationalism."' But before we resist resist too strongly, let let usus look at what what the the biblical biblical style too strongly, look at style implies, implies, and and con­ conceals, in his ask ifif he assuming the role of ceals, in his address, address, and and ask he is is not not assuming the role of aa Joshua, he need only speak the com­ Joshua, whose whose authority authority is is such such that that he need only speak the command Lord for mand of of the the Lord for it it to to be be obeyed. obeyed. Among Americans in century Among Americans in the the middle middle years years of of the the previous previous century there Revival and there was was one one authority authority above above all all others. others. Revival and frontier frontier had had deepened relationship established established with with settlement. deepened a arelationship settlement. We We were were aa fellowship of “the Book” government and and political fellowship of ‘‘the Book” and and took took all all government political philosophy—even the be practical practical and philosophy—even the Constitution—to Constitution—to be and unworthy unworthy of mention the same with Holy of mention in in the same breath breath with Holy Scripture. Scripture. Politics Politics might, might, within reason, be tested never imim­ within reason, be tested against against revealed revealed truth. truth. But But we we never agined for the the agined more more than than aa tangency tangency for the political political and and the sacred—never holy beginning beginning or politics.12 In sacred—never aa holy or conclusion conclusion by dy politics.’ In put­ putting Englishness, and adopting the Amendment, ting away away our our Englishness, and in in adopting the First First Amendment, we made these these distinctions were thus religious “com­ we made distinctions plain. plain. We We were thus a a religious ‘‘community” as opposed divinized state, state, aa polity munity” as opposed to to divinized polity with with no no god’s god’s son son to to make god’s city New make us us and and no no god’s city to to build. build. (That (That is, is, except except in in New England—of more hereafter.) hereafter.) England—of which which more Now, the of this Now, the proper proper voice voice of this communal communal orthodoxy—its orthodoxy—its style, style, ifif you you like—was like—was that that of of the the Authorized Authorized Version Version of of 1611, 1611, the the transla­ translation tion for for King King James. James. Therefore, Therefore, anything anything spoken spoken to to us us that that hoped, hoped, in South Massachusetts, toto suggest in South Carolina Carolina or or in in Massachusetts, suggest the the transcendent transcendent had and feel like “‘a “a Daniel come up ent”. Lin­ had to to sound sound and feel like Daniel come up to to judgm judgment”’. Lincoln’s in the first sentence sentence at coln’s strategy strategy in the first at Gettysburg Gettysburg is is to to lift lift beyond beyond discourse, away away from and into discourse, from the the political political and into the the “moral” “moral” order, order, what what stands (despite its to the stands in in the the Declaration Declaration (despite its reference reference to the Deist’s Deist’s “Creator”) toto be ““Creator”) be proved proved and and argued. argued. The The world world of of the the epideictic, epideictic, of of “‘four four score and seven” score and seven” (versus (versus “eighty-seven”) “‘eighty-seven’’) or or “our ‘“‘our fathers”, fathers’’, is is an realm which which claims and aa an ultra-prescriptive ultra-prescriptive realm claims God God for for aa sponsor sponsor and sanction done within within it; sanction from from outside outside time time for for what what isis done it; aa sponsorship sponsorship through righteous blood” genealogy (where are imimthrough aa ““righteous blood” or or genealogy (where fathers fathers are 190 190

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portant—particular, as opposed and ac­ portant—particular, as opposed to to founders—and founders—and private) private) and according (as opposed cording to to partially partially mysterious mysterious purposes purposes (as opposed to to “reasonable ‘reasonable ends”). ends”). Certain Certain men men belong belong to to that that world world by by aa priori pron definition; definition; they they know know it it isis theirs theirs (plus (plus a a little little more, more, lest lest they they worship worship in in it it their their own own devices devices and and “go-a-founding”). ‘“‘go-a-founding”’). Others Others join join the the dis­ dispensation of the pensation through through the the lending lending of the established established blood, blood, but but only only after “located”. Hence, after that that blood blood is is ‘“‘located”. Hence, “brought “brought forth”—an forth”—an equivocal equivocal phrase, phrase, again again implying implying aa source source other other than than “our “our fathers” fathers” themselves for the new nation” they “birthed”. themselves for the “‘‘new nation” which which they “birthed”. (The (The im­ image, remarking, runs of corollaries age, it it is is worth worth remarking, runs with with aa full full set set of corollaries throughout result isis sacrilege throughout the the speech. speech. Its Its final final result sacrilege by by submerged submerged metaphor: phony ““‘new new testament” phony “old”, metaphor: aa phony testament” out out of of aa phony “old”’, with with dead dead soldiers soldiers for for aa bridge.) bridge.) In In contrast, contrast, the the remainder remainder of of this this opening opening sentence sentence is is not not of of Mosaic or “pre-classical” (as political philosophers use the term) Mosaic or ‘“‘pre-classical’’ (as political philosophers use the term) stock. stock. With With “liberty” “liberty” we we enter enter the the English English Whig Whig commonwealth commonwealth of of slowly earned and and with “equality” the slowly earned and evolved evolved rights rights and and law, law, and with “‘equality” the French Jacobin satrapy, satrapy, where French Jacobin where men men are are dignified dignified by by abstract abstract “proposition” “proposition” and and loud loud musketry. musketry. However, However, since since liberty liberty and and equality equality are are hieratically hieratically marked marked as as “brought “brought forth” forth” by by “fathers”, “‘fathers”’, their doctrinal status emulsible elements settled, blessed, their doctrinal status as as emulsible elements in in aa settled, blessed, patriarchal, and republican solution are thus certified with patriarchal, and republican solution are thus certified with finality. finality. Moreover, these Moreover, the the fundamental fundamental question question of of the the irreconcilability irreconcilability of of these terms of honor is left aside, forbidden. So much for Mr. Lincoln’s terms of honor is left aside, forbidden. So much for Mr. Lincoln’s exordium his message Once itit has exordium, , the the background background of of his message for for the the day. day. Once has passed auditor without passed the the reader reader or or auditor without examination, examination, most most of of its its work work isis already already done. done. The The biblical biblical note note is is quietly quietly sustained sustained and and our our problem problem with with it it compounded compounded in in the the two two major major paragraphs paragraphs of of the the speech. speech. Some Some of of the religious and some some the religious language language with with which which it it opens opens is is repeated, repeated, and replaced. Consecrate” and and “hallow” replaced. “‘“‘Consecrate” “hallow” are are invoked invoked to to sanction sanction aa ““new new birth”. shall provide birth”. And And the the Union Union dead, dead, not not the the clergy, clergy, shall provide an an aegis for the event. Finally, the opening confusion issues in aegis for the event. Finally, the opening confusion issues in aa peroration confusing. Collectively peroration even even more more confusing. Collectively the the red red tide tide of of battle battle is is to the nation to redeem redeem us—though us—though this this time time the nation will will midwife midwife its its own own 191 191

AA Better Better Guide Guide Than Than Reason Reason reincarnation. The The godly work of of the the fathers will be be completed reincarnation. godly work fathers will completed (or, (or, more properly, replaced) replaced) in joining of of three three in in one. one. But, But, like Linmore properly, in aa joining like Lin­ coln’s first “offspring”, “offspring”, this this final monster is is aa bit bit puzzling, his coln’s first final monster puzzling, his “New Testam ent” as ld”. For government “by” ‘““New Testament” as peculiar peculiar as as his his “O ““Old’’. For government “‘by” the people might might not be “for” the people the people not be “for” the people (vide Plato on on “elected” “‘elected”’ (vide Plato physicians and ship ship captains).13 captains).'? Similarly, Similarly, government ‘“‘of the the physicians and government “of people” isis possibly for” them them (remember people” possibly neither neither “by” “by” nor nor ““for” (remember Disraeli on on Tory Tory Democracy). Democracy). “‘‘Four score and “‘fathers”’ Disraeli Four score and seven” seven” oror “fathers” can be reconciled reconciled to “for” and and perhaps perhaps “conceived in liberty” liberty” to to can be to “for” “conceived in ‘brought forth” (an interesting interesting compromise compromise between between these these first first two two “brought forth” (an realms of or “‘‘families” of terms, terms, as as if if aa Pope Pope should use realms of discourse discourse or families” of should use his authority authority only only to to deny deny it); it); but but none none of of these these to to “of” “‘of”’ or or “by”. “by”. For For his conception and dedication dedication are are portions portions of of an an organic organic process process which which conception and gives us identities Equality” alone gives us identities neither neither similar similar nor nor unbounded. unbounded. “‘“‘Equality” alone consorts well well only only with with “by”. “‘of” implies implies representatives, representatives, consorts “by”. And And “of” courts, and and the the ““system of liberty”—not liberty”—not inheritance. inheritance. But But to to see see courts, system of what mischievous in this ““‘new new birth” what is is most most mischievous in this birth” and and “baptism” “baptism” we we should recall recall that that Lincoln Lincoln had predicted aa “‘‘new founding” as early should had predicted new founding” as early as his ‘‘Springfield Lyceum Lyceum Speech”.14 Speech’’.* And And that that concentration concentration of of as his “Springfield power executive branch power in in the the executive branch of of government government would would be be its its final final fruit. hat itit isis that shall not fruit. W What that “‘‘shall not perish” perish” (recalling (recalling perhaps perhaps the the most most familiar familiar passage passage in in the the New New Testament, Testament, John John 3:16) 3:16) isis not not the the soul, soul, the new new man, man, the the re-born re-born Christian, Christian, but but aa divinized divinized state.* state.* Then let the Then let us forget forget the the paradox paradox and and oxymoron before us us and and look look back back at at us oxymoron before and “equality” ‘“‘equality” in in the the Declaration Declaration of of Independence Independence and and ““liberty” liberty” and then forward forward to to “The “The Battle Hymn of of the the Republic”. Republic”. then Battle Hymn have already already mentioned mentioned the the quality quality of of counterclaim counterclaim (or (or legal legal II have “charge’’) in in our manifesto of 1776. Only Only the the opening opening sentences sentences of of “charge”) our manifesto of 1776. paragraph two in the paragraph two of of that that special special pleading pleading seem seem out out of of place place in the

♦Professor me that Lincoln’s government people, by *Professor Eric Eric Voegelin Voegelin has has written written me that “‘‘Lincoln’s government ‘of ‘of the the people, by the the people, for for the the people’ people’ is is even even more more aa millenarian millenarian blasphemy blasphemy than than becomes becomes apparent apparent from from people, your paper.” paper.” Voegelin Voegelin traces traces the the formula formula to to Wycliffe’s Wycliffe’s prologue prologue to and beyond beyond to to your to his his Bible Bible and Romans as brought Romans 11:36. 11:36. Other Other sources sources are are “in ‘‘in the the stoic stoic symbolization symbolization of of the the cosmos cosmos as brought forth forth of God, God, by by God, God, for for G God” and in Marcus Aurelius. ‘““There you have the the transposition transposition of of aa of od” and in Marcus Aurelius. “There you have cosmological formula formula into into aa millenarian millenarian formula formula for for political political action.” action.” (Letter (Letter of of Sept. Sept. 6, 6, cosmological 1970) 1970) 192 192

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Declaration’s as the epideictic/beatific Declaration’s forensic forensic whole. whole. And, And, as the epideictic/beatific swallows up “‘liberty” and “equality” “equality” in in Lincoln’s Lincoln’s Civil Civil War War swallows up “ liberty” and speech, here also the speech, here also the disposition disposition and and weight weight of of other other components components in in the historic and the the total total apologia—their apologia—their historic and prescriptive prescriptive appeal appeal to to the customary and the customary and the English, English, the the inherited inherited rules rules governing governing prince prince and subject—cancel out or or modify modify the apparent vanity vanity of of “‘selfand subject—cancel out the apparent “ selfevident” and all men”. those who the evident” and ““all men’. There There are are those who argue argue that that the peculiar lines were to peculiar lines were to serve serve as as aa concession concession to to the the Revolution’s Revolution’s “ leftmost wing”. no more “leftmost wing’. Others Others contend contend that that they they may may be be no more than than what able to smuggle in” satisfaction of what Mr. Mr. Jefferson Jefferson was was able to ““‘smuggle in” (in (in satisfaction of his his philosophe in the Continental philosophe streak) streak) because because his his compatriots compatriots in the Continental Congress refused to read into into his his composition composition anything anything more more than than Congress refused to read was The reader was anticipated anticipated in in the the Glorious Glorious Revolution Revolution of of 1688.15 1688.'° The reader should look look elsewhere elsewhere for for aa history history of of the the Whig Whig doctrine doctrine and and idiom idiom should which “ neutralize” such words: only which could could “neutralize” such words: only as as much much equality equality as as is is consonant with with liberty liberty and and necessary necessary to to aa modest modest minimum minimum of consonant of human human dignity dignity for for freemen; freemen; and and only only that that liberty liberty recommended recommended by by the the English English experience experience and and enjoyed enjoyed by by the the Anglo-Saxon Anglo-Saxon forebears. forebears. But—and this isis my Whig temper But—and this my point—the point—the dominance dominance of of that that Whig temper is is evident, especially especially in in the the deletions deletions from from Jefferson’s Jefferson’s original original draft draft evident, which the the Congress Congress imposed imposed upon upon their their young young spokesman. spokesman. We We can can which presuppose it.16 it.'* presuppose Now what what is is a a solicitation solicitation from from aa given given Whig Whig law law and and for for aa good good Now repute among the the nations? nations? First First of all, itit is is aa bill bill of particulars repute among of all, of particulars against plain that against the the royal royal government government making making plain that the the Crown—in Crown—in violating well-defined prerogative—has violating its its well-defined prerogative—has forfeited forfeited all all purchase purchase upon its creations, the (It upon its chartered chartered creations, the American American colonies. colonies. (It is is noteworthy for the noteworthy that that the the Declaration Declaration speaks speaks for the independence independence of of the the separate individual colonies colonies and and thus thus belies belies Mr. Mr. Lincoln’s Lincoln’s pur­ purseparate individual posefully mistaken chronology.)’’ Following the pattern of another posefully mistaken chronology.)17 Following the pattern of another variety of of legal instrument, it it says, says, “You, ““You, not not I, I, destroyed destroyed our our con­ convariety legal instrument, nection.” nection.” For For under under aa rule rule of of law, law, liegemanship liegemanship and and lordship lordship are are in­ indeed and partner, wife: neither deed like like partner partner and partner, man man and and wife: neither role role exists exists un­ unless both are are observed observed with with some some strictness. strictness. Portions Jefferson’s less both Portions ofof Jefferson’s catalogue, especially especially in in his his original original version, version, are are aa reaching reaching after after catalogue, 193 193

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visceral influence influence on on natural (not reasonable) reasonable) and and emotional emotional men: visceral natural (not men: persons antecedents and persons of of distinctive distinctive temper, temper, antecedents and culture. culture. Often Often overlooked, add racial racial and and Christian/traditionalist Christian/traditionalist appeals appeals to overlooked, they they add to the evoke the “ servile insurrec­ the case case at at law. law. Certain Certain lines lines evoke the horror horror of of “‘servile insurrection” tion” and and black black overpopulation; overpopulation; others others refer refer to to mercenaries mercenaries and and kindred others complain kindred affronts affronts to to the the “common ‘“‘“common blood”; blood”; and and still still others complain of with “merciless of British British involvement involvement with ‘“‘merciless Indian Indian savages”. savages”. Elsewhere Elsewhere we read read of of the the impropriety impropriety of of resemblance conduct of of ““‘In-we resemblance toto the the conduct In­ fidel policy of “Christian King”. fidel powers” powers”’ in in the the policy of aa ‘Christian King”’. Lastly, Lastly, all all of of this this in-view-of-paragraph-two in-view-of-paragraph-two surprise surprise is is hedged hedged with with aa disclaimer disclaimer that that the revolution when they first first made the colonies colonies intended intended no no revolution when they made remonstrance that political remonstrance and and is is coupled coupled with with an an admission admission that political restiveness and innovation circumstances, to restiveness and innovation are, are, in in most most circumstances, to be be avoid­ avoided. The The close close goes goes the the same same way—a way—a retreat into “‘‘sacred honor’’. ed. retreat into sacred honor”. Prescriptive Prescriptive laws laws and and kings kings and and honor honor have have nothing nothing to to do do with with the “self-evident” “‘self-evident” and and “metaphysically” ‘“‘metaphysically”’ proved proved first first principles principles of of the Burke’s doctors doctors of of the the closet. closet. History History is is their their “legitimate” “legitimate” ancestor; Burke’s ancestor; trial and and error, and disrepute, disrepute, sifting sifting and and selection selection stand stand trial error, reputation reputation and behind Jefferson’s Jefferson’s appeal. appeal. In In weight, weight, this this argument argument from from the the record record behind will will not not replace replace revelation revelation or or anointment anointment by by aa Samuel. Samuel. But But it it is is far far removed from from the the abstractions abstractions of of the the Encyclopedists Encyclopedists or or mechanical mechanical removed universe “ Creator”. And therefore itit universe of of their their perpetually perpetually absent absent “Creator”. And therefore does “self-evident”, to does not not pretend, pretend, despite despite ‘“‘self-evident”, to bespeak bespeak His His will. will. Respected for for what what it it is is (and (and with with its its explosive explosive sentences sentences cir­ cirRespected cumstantially grounded and cumstantially grounded and converted converted into into “mere “mere argument” argument” by by aa Whig agreeable enough. Whig rhetoric), rhetoric), the the Declaration Declaration is is agreeable enough. Its Its implicit implicit denial “ founding”, its dialectic denial that that there there was was aa “‘founding”’, its complexity complexity and and dialectic (recognized (recognized by by most most responsible responsible American American leaders leaders who who invoked invoked the the document before before 1860, 1860, and and acknowledged acknowledged by by the very different different document the very language of of the the 1787 1787 Constitution), are, II repeat, repeat, inverted inverted by by language Constitution), are, Father Abraham.18 Abraham."* And And the which he thus released released in in Father the forces forces which he thus manufacturing his “political “‘political religion” religion” find find their their tongue tongue in in “The “The manufacturing his Battle Hymn Hymn of of the the Republic”.19 Republic’”’."® Battle There is is no space here here for for detailed detailed discussion discussion of of the the two two hun­ hunThere no space dred which are dred and and fifty fifty years years of of New New England England self-delusion self-delusion which are

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gathered Mrs. Howe’s gathered in in Mrs. Howe’s masterpiece. masterpiece. A A private private redaction redaction will will have have to recalling isis to serve serve my my purpose. purpose. II inject inject it it because because some some such such recalling necessary reverse) serves necessary to to the the explication explication II intend—and intend—and (in (in reverse) serves as as evidence evidence for for the the readings readings just just concluded. concluded. all else else aa sense sense of of having having been been “called “‘called out” out” for for (and (and ItIt isis above above all into) special covenant into) aa special covenant with with God, God, an an awareness awareness of of aa “mission ‘“‘mission among among the the Gentiles”, Gentiles”, that that distinguished distinguished colonial colonial New New England. England. As As John john Crowe Crowe Ransom Ransom writes, writes, the the Puritans Puritans were were persuaded persuaded that that they they had “fetched the had caught caught God God when when He He had had caught caught them: them: had had ‘‘fetched the Pure Pure Idea in in aa bound bound box/ box/ And And fastened fastened Him Him in ina asteeple.’ First they they Idea steeple.”20 First were to be “a city on a hill”, an example to the heathen, a sanc­ were to be “‘a city on a hill”, an example to the heathen, a sanctuary to to which which “the “the wise just ought ought to to repair.” And then, then, when when tuary wise and and just repair.” And stronger, they were expected expected to to overreach overreach the the boundaries boundaries of that stronger, they were of that elevated place place by by more more vigorous, vigorous, impatient, impatient, and and thorough thorough refor­ reforelevated mations. mations. Early Early New New England England history history is, is, for for the the most most part, part, an an examina­ examination of of the the covenant covenant theory theory at at work: work: aa sequence sequence of signs, rewards, rewards, tion of signs, and punishments. and punishments. And And the the same same holds holds true true of of biography. biography. Even Even though the individual Puritan, in composing an account of his though the individual Puritan, in composing an account of his own own life or that that of of another another Saint, Saint, might might find find reason reason to to doubt doubt his his subject’s subject’s life or election to there was election to the the order order of of Grace, Grace, there was still still satisfaction satisfaction for for the the un­ unfortunate through fortunate through association association with with the the “elected ‘elected enterprise”. enterprise”. Poetry Poetry and of of course course theology theology offer offer evidence evidence of the same same assumptions, assumptions, as as and of the do the in the do the great great sermons, sermons, the the dominant dominant literary literary type type in the milieu. milieu. Later, as as success success in in the the exercise exercise of of free free will will undermined undermined Later, Calvinist Calvinist assumptions assumptions concerning concerning foreordination, foreordination, and and as as scientism scientism drove to to cover cover the the old old certainties certainties about about original original sin, sin, blood blood redempdrove redemp­ tion, and and the limitations of of human human reason, reason, the vital heart went out out tion, the limitations the vital heart went of the the ““Good Old Cause”. Cause”. For For without without aa lot lot of of punishment punishment to to go go of “Good Old with with triumph, triumph, without without some some body body of of authority authority to to restrain restrain freedom freedom and to to channel channel the the “inner “inner light”, light”’, the the godly godly commonwealth commonwealth in­ inand evitably from its accretions of power and evitably suffered suffered from its own own accretions of power and prosperity. prosperity. The subjection subjection of Nature and and of of enemies enemies (to (to say say nothing nothing of of New New The of Nature England’s England’s full full educational educational hegemony hegemony over over other other Americans) Americans) vitiated the the ancient ancient Puritan Puritan bias bias toward toward self-doubt self-doubt and selfvitiated and self­ 195

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examination. examination. However, However, the the eschatology eschatology survived—tempered survived—tempered into into aa posture of of proprietary proprietary responsibility responsibility for for the nation’s (and (and world’s) world’s) posture the nation’s moral, moral, economic, economic, and and political political life; life; survived survived mundane, mundane, yet yet zealous zealous as ever before. From John Winthrop to Ben Franklin to the 1970 as ever before. From John Winthrop to Ben Franklin to the 1970 Massachusetts anti-draft legislation, this movement toward Massachusetts anti-draft legislation, this movement toward spiritual arrogance without spiritual arrogance without spiritual spiritual substance substance has has been been un­ uninterrupted. Indeed, Indeed, the the now now familiar familiar secular secular Liberalism Liberalism of of the the interrupted. American American intellectual intellectual Establishment Establishment is is the the natural natural issue issue of of the the New New Jerusalem West—by Unitarianism Jerusalem in in the the West—by Unitarianism out out of of internecine internecine strife. strife. Faith in in aa chosen chosen status status is is its its continuing continuing patrimony—though the Faith patrimony—though the chooser becomes becomes some some airy airy Zeitgeist, Zeitgeist, and and not not aa living living God. God. Mr. Mr. chooser Lincoln’s religion” isis aa statement revelation Lincoln’s “political “political religion” statement of of its its fullest fullest revelation in device for in this this sequence sequence and and Mrs. Mrs. Howe’s Howe’s poem poem a adevice for ensuring ensuring the the enactment of that that “W ‘““Word” enactment of ord” asas law. law. IfIf the epideictic manner down according to the epideictic manner may may be be broken broken down according to degrees purity, the Battle degrees of of intensity intensity and/or and/or purity, the admonition admonition of of the the ““Battle Hymn”’, an an ex ex cathedra cathedra pox pox upon upon the the Moabites Moabites in in Dixie Dixie (and (and com­ comHymn”, mand that that they they “be “‘be laid laid waste, waste, utterly”), utterly”), appears appears to to be be of of its its highest highest mand flowering. stanzas seem seem aa marching generis, aa rous­ flowering. These These stanzas marching order order sui su: generis, rousing somehow somehow at at once once forensic, forensic, persuasive, patriotic. Yet Yet look look ing persuasive, and and patriotic. again, closely: again, closely: Mine eyes eyes have have seen seen the the glory glory of of the the coming coming of of the the Lord: Lord: Mine He trampling out out the the vintage vintage where where the the grapes grapes of of wrath wrath are are stored; He isis trampling stored; He hath hath loosed the fateful fateful lightning lightning of of His His terrible terrible swift swift sword, sword, He loosed the His truth truth is is marching marching on on His

Glory! glory! glory! Hallelujah! Hallelujah! Glory! Glory Glory!! glory glory!! Hallelujah! Hallelujah! Glaory Glaory! ! glory glory!! Hallelujah! Hallelujah! Ais truth truth is ts marching marching on! on! His have seen seen Him in the the watch-fires watch-fires of of aa hundred hundred circling circling camps; camps; II have Him in They have have builded builded Him an altar altar in in the the evening evening dews dews and and damps; damps; They Him an II can can read read His His righteous righteous sentence sentence by by the the dim dim and and flaring flaring lamps, lamps, His day marching on. His day isis marching on. II have have read gospel, writ rows of read aa fiery fiery gospel, writ in in burnished burnished rows of steel; steel; “As ye deal with with My My contemners, contemners, so so with with you you My My grace grace shall shall deal”; deal”’; “As ye deal Let born of with His heel Let the the Hero, Hero, born of woman, woman, crush crush the the serpent serpent with His heel Since God isis marching Since God marching on. on.

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The The Rhetoric Rhetoric for for Continuing Continuing Revolution Revolution He has sounded never call call retreat; He has sounded forth forth the the trumpet trumpet that that shall shall never retreat; He the hearts before His He isis sifting sifting out out the hearts of of men men before His judgement judgement seat; seat; Oh, be be swift, my soul, soul, to to answer Him! be be jubilant jubilant my my feet! Oh, swift, my answer Him! feet! Our God isis marching Our God marching on. on. In the beauty In the beauty of of the the lilies, lilies, Christ Christ was was born born across across the the sea, sea, With in His With aa glory glory in His bosom bosom that that transfigures transfigures you you and and me; me; As As He He died died to to make make men men holy, holy, let let us us die die to to make make men men free, free, While God God is is marching on. While marching on.

At this this point point harder harder questions questions are are required. required. For the ““Battle At For the Battle Hymn’s” as more Hymn’s” outreach outreach toward toward aa nonpareil nonpareil power power identifies identifies it it as more than poem, than (or (or pseudo) pseudo) epideictic. epideictic. There There is is aa note note of of hysteria hysteria in in the the poem, aa discoloration discoloration very speech of very remote remote from from the the ““‘speech of throne throne and and altar.”21 altar.’”?! Genuinely Genuinely confident confident and and secure secure authority, authority, operating operating from from transcendent such transcendent ground, ground, does does not not push push quite quite so so hard.22 hard.” And And what what such authority tells tells us us keeps keeps that ground at at aa greater greater distance distance from from the the authority that ground labors of men—does this in in order to extend extend its tts connections connections in in the the world. world. In Inaa labors of men — does this order to word, performs no word, it it performs no blasphemy. blasphemy. Of Of Mrs. Mrs. Howe, Howe, we we cannot cannot say say as as much. Let Let me me make the charge charge specific specific by by glossing glossing individual individual. much. make the passages passages from from her her poem. poem. The most Battle Hym n”—that is, after The most striking striking feature feature of of the the ““‘Battle Hymn”—that is, after its trumpet of its confident confident appropriation appropriation of of the the flame, flame, wind, wind, and and trumpet of Jehovah—must Second Coming. Coming. We Jehovah—must be be its its use use of of Christ’s Christ’s Second We should should at at this this point point recall recall Mrs. Mrs. Howe’s Howe’s prototype, prototype, the the solid solid doggerel doggerel of of “John “‘John Brown’s Brown’s Body” Body”: :a a lively lively song song itself itself (ironically) (ironically) based based on on aa Southern Southern folk the way folk hymn hymn concerning concerning the way to to the the heavenly heavenly city, city, the the city city where where there are no politics. there are no politics. The The madman madman of of Harpers Harpers Ferry Ferry is is transformed transformed in Christ-figure—modestly, and and with with no claim in that that anthem anthem into into aa Christ-figure—modestly, no claim to nonetheless. His to aa full full equation, equation, but but transformed transformed nonetheless. His is is the the redemp­ redemptive death collec­ tive death lifting lifting the the weight weight of of aa specific specific wickedness wickedness from from our our collective back. back. Brown, Brown, however, however, was was an an embarrassing embarrassing personage personage to to aa tive respectable New New England England feminist feminist Unitarian Unitarian lady lady such such as as Mrs. Mrs. respectable Howe. Howe. Like Like Brown Brown himself, himself, she she would would use use no no vulnerable vulnerable surrogate. surrogate. The “Hero” ‘“‘Hero” in line three of stanza stanza three three is is Christ, Christ, in in propria propria persona. persona. The in line three of And therefore therefore General General Burnside Burnside on on his his way way to to Virginia Virginia is is somehow somehow And metamorphosed into into Gabriel Gabriel ushering in the the real real millennium millennium metamorphosed ushering in described by by St. St. John John of of Patmos. Patmos. The The binding binding of of the the serpent serpent and and described

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AA Better Better Guide Guide Than Than Reason Reason the Jesus of the Judgment Judgment are are assuredly assuredly from from Revelation. Revelation. And And the the the Jesus of the lilies keep keep the the latter latter at at the the requisite requisite remove pure lilies remove from from pure

Thunder—from violations Thunder—from violations of of the the Trinity.23 Trinity.” Then Then we we are are prepared prepared

for peroration: peroration: the the identification identification of of aa socio-political socio-political goal goal with with the the for sacrifice the slower sacrifice of of the the Gross. Cross. Even Even the slower tempo tempo of of the the music music in in the the last last stanza every word. stanza exudes exudes confidence confidence and and finality. finality. She She meant meant every word. have said of blasphemy. blasphemy. It It is is all all too too easy easy for for us us to to be be II have said enough enough of persuaded be. Contemporary persuaded of of the the complaint—that complaint—that is, is, if if we we want want toto be. Contemporary Americans Americans are are however however perhaps perhaps so so accustomed accustomed to to aa reversing reversing of of the the original order in Christ’s original order of of priorities priorities in Christ’s redaction redaction of of the the Decalogue Decalogue that we we forget forget His His two commandments were not always always so so dispos­ disposthat two commandments were not ed. Hence, we we are are also also prone prone to to forget forget the the private private and and cultural cultural cired. Hence, cir­ cumstances in cumstances in Mrs. Mrs. Howe’s Howe’s life life which which compound compound and and complicate complicate her her presumption presumption and and its its meaning meaning for for us. us. In In fact, fact, it it isis both both most most sur­ surprising most predictable predictable that that she she should should thus thus proceed, proceed, and and prising and and most boldly: surprising with with respect respect to to historic historic Christian Christian teaching teaching boldly: surprising (“Thou shalt shalt not not take take the the name name of the Lord Lord thy thy God in vain” vain” was was (“Thou of the God in yet aa commandment commandment in in 1862); 1862); and and probable probable because because of of the the New New yet England intellectual intellectual experience which set set the the ““saints” aside from from England experience which saints” aside that And what that teaching. teaching. And what was, was, though though shocking, shocking, predictable predictable in in her her abolitionist Boston abolitionist Boston is is even even more more an an established established paradox paradox today, today, aa contradiction at ease ease in this Zion Zion because because she, she, and and Lincoln, Lincoln, and and the the contradiction at in this trends they they bespoke bespoke accomplished accomplished their their objectives. objectives. In In aa word, we trends word, we do not not see see this this quality quality in in the the “““Battle Hymn”n” because because it it is is now now our do Battle Hym our “orthodoxy”—even now are “orthodoxy”—even in in the the most most conservative conservative circles. circles. “All “All now are born of men,” writes the born Yankees Yankees in in the the race race of men,” writes the poet poet Allen Allen Tate. Tate. Mrs. Howe’s Howe’s verses verses are reversion to long rejected rejected beginnings. beginnings. Mrs. are aa reversion to long For the the sound sound and and feel feel of an authority authority she she had had to to have, have, she she was was forc­ forcFor of an ed to reach back to her father’s God and Jesus of “‘wrath”’, toward ed to reach back to her father’s God and Jesus of “wrath”, toward aa doctrinal “ new hope” doctrinal matrix matrix set set aside aside in in ‘“‘new hope” thirty thirty years years before. before. By By 1845 New England England had had taught taught her her children children (and (and their their heirs of the the 1845 New heirs of spirit in in the the Middle Middle West) West) how how to to do do this this sort sort of of thing. thing. How How to to do do it, it, II spirit must add add, , tfif the the occaston be political. political. Probably the educational educational process process must occasion be Probably the involved was was an an unconscious unconscious one, one, for for both both parent parent and and offspring. offspring. involved And for for aa time time all all were were forced forced to to be be careful careful with with the the “forbidden ‘forbidden And 198 198

The The RhetoHc Rhetoric for for Continuing Continuing Revolution Revolution

knowledge”. 1820, 1850, knowledge”. But But 1820, 1850, and and Southern Southern secession secession gave gave the the banner into their were careful banner into their hands—and hands—and they they were careful no no more. more. Lincoln Lincoln legitimized the process here under consideration—and, legitimized the process here under consideration—and, after after the the fact, gave gave status status to to the the complex complex of of forces forces and and expectations expectations which which fact, the Battle Hym the “‘“‘Battle Hymn”n” released, released, the the “armed ‘“‘armed doctrine” doctrine” of of Manifest Manifest Destiny Destiny in in its its mature mature phase.24 phase.* With With Mrs. Mrs. Howe Howe we we came came up up against against the gnostic gnostic “thing-in-itself”. ‘“thing-in-itself”’. And And we are still still there.25 there.” the we are have earlier earlier suggested suggested that the way way into into this this paradox paradox is is the the II have that the way way out. out. For For aa curious curious consideration consideration of of Julia Julia Howe’s Howe’s politically politically partisan should engender partisan Jesus Jesus should engender in in the the rhetorically rhetorically and and theologically theologically literate the shudder shudder requisite requisite to to its its exposure—and exposure—and should deflate literate the should deflate the three three “holy ‘holy documents” documents” to to the the status status of of stratagems stratagems instinctive­ instinctivethe ly, or ly, or with with forethought, forethought, designed designed to to an an immediate immediate practical practical end, end, formed advantage of formed to to take take advantage of an an immediate immediate practical practical situation. situation. The The Continental Continental Congress Congress needed needed to to draw draw more more people people into into the the Revolu­ Revolution its international needed toto tion and and to to “improve “improve its international image”; image’’; Lincoln Lincoln needed transform transform Jefferson’s Jefferson’s composition composition in in order order to to reconstitute reconstitute the the Union, “‘‘control” the war war effort, and justify justify his 1864 re-election; re-election; Union, control” the effort, and his 1864 and Mrs. Mrs. Howe Howe sensed sensed instinctively instinctively that that the the North’s military spirit spirit and N orth’s military for late 1861 sustained against for late 1861 needed needed elevation elevation if if it it were were to to be be sustained against aa vigorous enemy. Compromised forensic, forensic, adulterated, adulterated, and and then then vigorous enemy. Compromised pseudo-epideictic pseudo-epideictic were were the the proper proper engines engines for for the the performance performance of of this business. business. this The as aa set with us The problem problem these these writings writings as set have have left left with us inin their their accomplishment in the the accomplishment of of calculated calculated objectives objectives thus thus begins begins in rhetorical nature nature of of the the “tools” “‘tools” they they employed. Perhaps nowhere nowhere rhetorical employed. Perhaps in impulse been in the the history history of of man man has has the the millennialist millennialist impulse been so so thoroughly set set at at liberty liberty as as within within our our own own borders. borders. Certainly Certainly we we thoroughly cannot find find an an equivalent equivalent in the officially Utopian states states behind behind the the cannot in the officially Utopian Iron of French Iron Curtain, Curtain, nor nor even even in in the the brief brief revolutionary revolutionary phases phases of French and English English history. history. Only Only here have men, men, without without major major in­ inand here have terference, labored labored inin time century or or more more in abolish time time, , terference, time aa century in order order toto abolish repeal contingency contingency. . And only while masquerading in pious vesture vesture repeal And only while masquerading in pious could aggression against could this this gnostic gnostic aggression against Being Being have have enlisted enlisted so so many many Americans under under its its colors, hidden from from their their eyes, eyes, by by gloss gloss and and ac­ acAmericans colors, hidden 199 199

Better Guide Guide Than Than Reason Reason AA Better

cretion, the the sensible sensible inertia inertia built built into into our history with with its its sober sober in­ incretion, our history ceptions of of 1776 1776 and and 1787-88. ceptions 1787-88. Millennialism can mean thing today—and Millennialism can mean no no other other thing today—and always always moves separating, moves from from an an ontological ontological reaction reaction against against the the distance distance separating, by Maker; moves by definition, definition, creation creation and and Maker; moves into into either either aa “pulling “pulling up” up” or aa “pulling ‘“‘pulling down”. down”. With With it it we we worship ourselves: falsify, falsify, and and then then or worship ourselves: forget our birthright. Variety, Variety, structure, structure, measure, measure, and and any any form form or or forget our birthright. differentiated are likewise differentiated order order are likewise millennialism’s millennialism’s enemies—the enemies—the original bill bill of of things things as written for our tenure tenure in in this this place place of of test test original as written for our and and trial. trial. A A new new Beast Beast isis always always to to blame blame for for impediments impediments to to the the perfecting will. And therefore therefore someone someone else else is is to to be be assailed. assailed. perfecting will. And Millennium is is always always to to come. come. But But not not yet, not until until after the next next Millennium yet, not after the revolution, peaceful peaceful or or bloody! The freeing, freeing, however, however, is is never never revolution, bloody! The done—that slaveries. To done—that is, is, without without new new slaveries. To this this succession succession and and shift­ shifting no end, ing of of targets targets there there can can be be no end, no no conclusion conclusion to to the the wandering wandering hither and and yon yon in in quest quest of terrestrial beatitude. beatitude. “On ‘On to to Richmond” Richmond” hither of terrestrial is, “ On to is, through through the the Promethean Promethean will, will, made made one one with with “On to Berlin” Berlin” and sub-atomic particle”, and “Out “Out to to Alpha Alpha Centauri, Centauri, down down into into the the sub-atomic particle’, and finally finally “On “‘On through through the the secrets secrets of of the the grave.” grave.’’ With each new new and With each goal the the frustration frustration born born of of unfounded unfounded expectations expectations comes comes closer closer goal and the ties bind. Said and closer closer to to rending rending the ties that that bind. Said another another way, way, the the rhetoric of of easy easy hope hope can can produce produce only only the the politics politics of of discontent. discontent. rhetoric For some we have been proving out that particular For some years years we have been proving out that particular proposition—the basic and inherent proposition—the basic truth truth and inherent danger danger of of democracy. democracy. As As remarked in in the the beginning, beginning, the the demonstration demonstration may may soon soon be be comII remarked com­ plete.** plete.26

NOTES NOTES 1.1.

For For further discussion of this notion I recommend Reinhold Niebuhr’s The The Ironybony of of further discussion of this notion I recommend Reinhold Niebuhr’s

American History (London: (London: Nisbet Nisbet & & Co., Co., Ltd., Ltd., 1952); 1952); Ronald Ronald Van Van Zandt’s Zandt’s The The Metaphysical Metaphysical American History Foundations Foundations of of American American History History (The (The Hague, Hague, Netherlands: Netherlands: Mouton Mouton & & Co., Co., 1959); 1959); Albert Albert K. K.

Frederick Mark’s Mark’s Mantjest Destiny and and Mission Mission in in American American History History (New (New York: York: Alfred Alfred A. Frederick Manifest Destiny A. Knopf, Knopf, 1963); R.W R.W.B. Lewis’ The The American American Adam Adam (Chicago: (Chicago: University University of Chicago Press, Press, 1955); 1955); 1963); .B. Lewis’ of Chicago ew World David W. W. Noble’s Noble’s The The Eternal Eternal Adam Adam and and the the N New World Garden Garden (New (New York: York: George George Braziller, Braziller, David 1968); and and (especially) (especially) Ernest Ernest Lee Lee Tuveson’s Tuveson’s Redeemer Redeemer Nation: Nation: The The Idea Idea of America’s Millennial 1968); of Amenca's M illennial Role sampling of Role (Chicago: (Chicago: University University of of Chicago Chicago Press, Press, 1968). 1968). These These are are only only aa sampling of the the relevant relevant documents. documents.

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The The Rhetonc Rhetoric for for Continuing Continuing Revolution Revolution 2.2. For of this seq. of N ye’s The For an an epitome epitome of this confusion, confusion, see see p.p. 306 306 et et seq. of Russell Russell B. B. Nye’s The Almost Almost Chosen Chosen People (East blandly assumes People (East Lansing: Lansing: Michigan Michigan State State University University Press, Press, 1966). 1966). Nye Nye blandly assumes that that liberty and Far better liberty and equality equality are are compatible compatible imperatives. imperatives. Far better on on this this subject subject (though (though still still com­ compromised) Equality and and Liberty Liberty (New (New York: Oxford University University Press, Press, 1965). 1965). promised) isis Harry Harry Jaffa’s Jaffa’s Equality York: Oxford 3.3. On this “know-nothing” “know-nothing”’ consensus consensus see see Daniel Daniel Boorstin’s Boorstin’s The The Genesis Genesis of of American American Politics O n this Politics (Chicago: his subsequent (Chicago: University University of of Chicago Chicago Press, Press, 1953) 1953) and and his subsequent studies studies of of the the American American ex­ experience. perience. 4.4. O Onn this this point point we we are are indebted indebted to to William William R. R. Taylor’s Taylor’s Cavalier Cavalier and and Yankee Yankee (New (New York: York: George Braziller, Braziller, 1961). George 1961). 5.5. Actually, Actually, the the original original Constitution Constitution has has some some rhetorical rhetorical character—the character—the total total document, document, that is. For that is. For its its flavor flavor is is that that of of aa matter matter of of fact fact codification codification of of what what already already is is and and strikes strikes any any reader as reader as very very different different from from the the flare flare and and trumpeting trumpeting of of aa thing thing that that knows knows itit was was made. made. The The significance this distinction significance of of this distinction will will become become clear clear in in the the unfolding unfolding of of my my subsequent subsequent remarks. remarks. 6.6. M Myy basic basic source source for for these these distinctions distinctions is is Aristotle’s Aristotle’s Rhetoric Rhetoric, , the the Lane Lane Cooper Cooper edition edition (New (New York: York: Appleton-Century Appleton-Century Crofts, Crofts, 1960). 1960). However, However, II draw draw upon upon the the whole whole of of classical classical rhetoric at certain certain points points (especially (especially Quintilian). Quintilian). rhetoric at 7.7. The “gnostic” indicates that II presuppose The use use of of the the word word “gnostic” indicates that presuppose throughout throughout this this essay essay the the calculus calculus of of Professor Professor Eric Eric Voegelin. Voegelin. The The reader reader unfamiliar unfamiliar with with his his work work should should see see The The New New

Science Science, Politics Politics and Science of of Politics Politics (Chicago: (Chicago: University University of of Chicago Chicago Press, Press, 1952) 1952) and and Science, and Gnosticism (Chicago: (Chicago: Henry Henry Regnery, Regnery, 1969). 1969). Pages Pages 90 90 -- 100 100 et et seq. seq. of the latter latter have have aa bearing bearing Gnosticism of the

on the paradox paradox II emphasize emphasize here. here. on the

8.8. Epideictic, forensic, and Epideictic, forensic, and deliberative deliberative rhetoric rhetoric correspond correspond more more or or less less to to the the three three voices of ancient rhetoric—Asiatic, Rhodian, and and (of (of course) course) Attic. Attic. II mean mean by by “Asiatic” ‘“‘Asiatic”’ voices of ancient rhetoric—Asiatic, Rhodian, political discourse discourse disguised disguised in in the the language language of of revealed revealed truth—one truth—one of of the the ancient ancient meanings meanings political of of this this term. term. St. Paul, Paul, we we should remember, did did not not fare fare well well on on Mars Hill. 9.9. St. should remember, Mars Hill. 10. My Rhetonc (Chicago: Regnery, 10. My source source here here is is Richard Richard Weaver’s Weaver’s The The Ethics Ethics of of Rhetoric (Chicago: Henry Henry Regnery, 1953), pp. pp. 164 85, an an essay essay entitled entitled “The ‘““The Spaciousness of Old Rhetoric”. II have have developed 1953), 164 -- 85, Spaciousness of Old Rhetoric”. developed of Weaver’s Hugh Blair aa few few of Weaver’s points points in in “The ‘““The Older Older Rhetoric Rhetoric Revisited: Revisited: Hugh Blair and and the the Public Public Vir­ Virtue tue of of Style”, Style”, University University Bookman Bookman, , IX IX (Fall, (Fall, 1968), 1968), 12 12 -- 16. 16. Voegelin’s Voegelin’s Order Order and and History, History, vols. vols. I1 and II and II (Baton (Baton Rouge: Rouge: Louisiana Louisiana State State University University Press, Press, 1956 1956 and and 1957), 1957), provides provides aa basis basis for for my understanding understanding of of this this most most ancient ancient of of rhetorics. Models for for my my analysis analysis of of composite composite my rhetorics. Models realms Politics inin the Age of realms of of discourse discourse are are provided provided by by James James T. T. Boulton’s Boulton’s The The Language Language of of Polttics the Age of Wilkes and and Burke Burke (Toronto: (Toronto: University University of Toronto Press, Press, 1963) 1963) and Paul Fussell’s Fussell’s The The Wilkes of Toronto and Paul Rhetorical World ofof Augustan Augustan Humanism: (Oxford: The Rhetorical World Humanism: Ethics Ethics and and Imagery Imagery from from Swift Swift to to Burke Burke (Oxford: The Clarendon Clarendon Press, Press, 1965). 1965). 11. As the Springfield 11. As touchstones, touchstones, see see the the peroration peroration to to Lincoln’s Lincoln’s 1842 1842 “Address ‘“‘Address to to the Springfield Chapter of Washington Temperance (“ Reign of ail”), the close to Chapter of the the Washington Temperance Society” Society” (‘Reign of Reason, Reason, all all H Hail’’), the close to his en’s Lyceum” his 1838 1838 “Address “Address Before Before the the Springfield Springfield Young Young M Men’s Lyceum” (on (on the the substituting substituting of of ““Reason” Reason” for for “fathers”), his 1846 the Scriptures” “‘fathers”), and and his 1846 election election handbill, handbill, “The “The Truth Truth of of the Scriptures” (confessing “The Doctrine was impolitic)—pp. (confessing only only that that his his inclination inclination to to ““The Doctrine of of Necessity” Necessity” was impolitic)—pp. 32 32 -33, 21, and and 4040 - - 4141 ofof Richard Richard N.N. Current’s Current’s collection, collection, The The Political Political Thought Thought ofofAbraham Abraham Lincoln Lincoln 33, 21, (Indianapolis: Bobbs-Merrill, Bobbs-Merrill, 1967). (Indianapolis: 1967). 12. On America”, see 12. On this this “double “double America”, see The The Basic Basic Symbols Symbols of of the the American American Political Political Tradition Tradition, , Willmoore and Geäjbge Willmoore Kendall Kendall and Gedtge W. W. Carey Carey (Baton (Baton Rouge: Rouge: Louisiana Louisiana State State University University Press, Press, 1970); Majorities”, M idwest Journal Science, IV 1970); Kendall’s Kendall’s “The ‘The Twp. Majorities”, Midwest Journal of of Political Political Science, IV (Nov., (Nov., I960), 1960), 317 - 45; and some some of of Ivepdall’s dall’s other other comments comments on on our our national national beginnings beginnings scattered scattered in in 31 7 -4 5 ; and Willmoore Kendall Contra Further sup­ Willmoore Kendall Contra Mundum Mundum (New (New Rochelle, Rochelle, N.Y.: N.Y.: Arlington Arlington House, House, 1971). 1971). Further support and community port (of (of sorts) sorts) for for separation separation of of state state and community occurs occurs in in Martin Martin Diamond’s Diamond’s “Democracy “Democracy and and The The Federalist'. Federalist: A A Reconstruction Reconstruction of of the the Framers’ Framers’ Intent”, Intent”, pp. pp. 1100 -2 - 244 of of Liberalism and Conservatism: Government (New Liberalism and Conservatism: The The Continuing Continuing Debate Debate in in American American Government (New York: York: D. D. Van Van

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AA Better Better Guide Guide Than Than Reason Reason Nostrand Carey; and Nostrand Co., Co., Inc., Inc., 1966), 1966), ed. ed. by by Willmoore Willmoore Kendall Kendall and and George George Carey; and in in Diamond’s Diamond’s “The Federalist” in in History History of of Political Political Philosophy Phiiosophy, , ed. by Leo Leo Strauss Strauss and and Joseph Joseph Cropsey Cropsey “The Federalist” ed. by (Chicago: cNally Co., (Chicago: Rand Rand M McNally Co., 1963), 1963), pp. pp. 573 573 -- 93. 93. Also valuable Also valuable in in this this connection connection is is Daniel Daniel Boorstin’s Boorstin’s The The Americans: Americans: The The National National Ex­ Experience (New (New York: York: Random Random House, périence House, 1965). 1965). 13. The Statesman or or The The Republic. Republic. 13. The Statesman 14. ilson’s magisterial magisterial 14. All All students students of of the the Lincoln Lincoln myth myth are are in in some some debt debt to to Edmund Edmund W Wilson’s Patriotic Studies in the American (New York: Oxford University Patriotic Gore: Gore: Studies in the the Literature Literature of of the American Civil Civil W Warar (New York: Oxford University Press, 1962), pp. compares Lincoln Press, 1962), pp. 99 99 - 130. 130. Wilson Wilson (pp. (pp. xvi xvi -- xx) xx) seriously seriously compares Lincoln with with the the other other great “founders” “ founders” of age— Bismarck and three as great of our our age—Bismarck and Lenin. Lenin. He He identifies identifies all all three as Prometheans—“men of Prometheans—‘‘men of blood”. blood”. David David M. M. Potter Potter has has some some interesting interesting comments comments on on Lincoln Lincoln and and Lincoln Lincoln scholarship scholarship in in pp. and Sectional Rouge: Louisiana pp. 151 151 -- 76 76 of of his his The The South South and Sectional Conflict Conflict (Baton (Baton Rouge: Louisiana State State University University Press, Press, 1968). 1968). Harry Harry Jaffa Jaffa documents documents Lincoln’s Lincoln’s evolution evolution into into aa democratic democratic Caesar Caesar in in Crisis Crists of of the the House House Divided Divided (New (New York: York: Doubleday, Doubleday, 1960). 1960). II accept accept Jaffa’s Jaffa’s exposition exposition but, but, like like Frank Frank Meyer, embedded in Gottfried Dietze’s Dietze’s America's Political Meyer, deny deny the the interpretation interpretation he he has has embedded in it. it. Gottfried America’s Political Dilemma: Democracy (Baltimore: University Press, Dilemma: From From Limited Limited toto Unlimited Unlimited Democracy (Baltimore: Johns Johns Hopkins Hopkins University Press, 1968) his country. 1968) is is aa more more convincing convincing discussion discussion of of what what Lincoln Lincoln has has really really “done “done for for his country.”” Also Also Lincoln the the Man M an (New ead and 1931), by Lincoln (New York: York: Dodd-M Dodd-Mead and Co., Co., 1931), by the the Illinois Illinois poet, poet, Edgar Edgar Lee Lee Masters. Masters. 15. adequate account account ofof the 15. There There is is no no adequate the English English Whig Whig mind mind in in the the North North American American colonies. colonies. O Off value value toward toward aa preparation preparation of of such such aa study study are are Zera Zera S. S. Fink’s Fink’s The The Classical Classical Republicans (Evanston: (Evanston: Northwestern Northwestern University University Press, Press, 1962); 1962); M.J.C. M.J.C. Vile’s Vile’s Constitutionalism Constttutionalism Republicans and of Powers and the the Separation Separation of Powers (Oxford: (Oxford: The The Clarendon Clarendon Press, Press, 1967); 1967); H. H. Trevor Trevor Colbourn’s Colbourn’s The Lamp Lamp of of Experience: Experience: Whig Whig History and the the Intellectual Intellectual Origins Origins of of the the American American Revolution Revolution (Chapel (Chapel The History and Hill: University University of of North North Carolina Carolina Press, Press, 1965); 1965); Caroline Caroline Robbins’ Robbins’ The The Eighteenth-Century Eighteenth-Century Hill: Commonwealthmen (Cambridge: (Cambridge: Harvard Harvard University University Press, Press, 1959); 1959); Bernard Bernard Bailyn’s Bailyn’s The The Commonwealthmen Ideological Origins Origins of of the the American American Revolution Revolution (Cambridge: (Cambridge: Harvard University Press, Press, 1967); 1967); and Ideological Harvard University and Gordon ood’s The of the Republic: 1776 (Chapel Hill: Gordon S. S. W Wood’s The Creation Creation of the American American Republic: 1776 -- 1787 1787 (Chapel Hill: University University of of North Carolina Carolina Press, Press, 1969). 1969). The The customary customary ignorance ignorance of of rhetoric rhetoric leads leads to to confusion confusion in most North in most of especially the the last of these these studies. studies. And And especially last two. two. 16. vol. II of of The 16. II cite cite the the evidence evidence in in vol. of Julian Julian P. P. Boyd’s Boyd’s edition edition of The Papers Papers of of Thomas Thomas Jefferson Jefferson (Princeton: 315 -- 19 Jefferson built (Princeton: Princeton Princeton University University Press, Press, 1950), 1950), pp. pp. 315 19 and and 413 413 -- 33. 33. Jefferson built the the entire document document around an original original which which was was nothing nothing more more than than a alist “crimes” by by entire around an list ofof “crimes” George III. III. Much Much was was removed removed from from his his embellishments embellishments of of this this core, core, usually usually because because it it did did George not suit the form form of of the the legal legal instrument. instrument. But not the the beginning beginning of of paragraph paragraph two! two! not suit the But not Willmoore Kendall Kendall in in “The “The Civil Civil Rights Rights Movement Movement and and Coming Coming Constitutional Constitutional Willmoore Crises”, Intercollegiate Intercollegiate Review Review, , I1 (Feb., (Feb., March, March, 1965) testifies to to this this quality quality in in the the Fathers Fathers (p. (p. Crises”, 1965) testifies 56), of George ll’s “‘abdication” “abdication” or of himself. 56), to to their their view view of George IIII’s or removal removal of himself. So So does does Gordon Gordon S. S. Wood. Both Both Wood and Bailyn Bailyn read read with with “blinders” “blinders” and and see see only only the the radical radical Whig Whig influence influence Wood. Wood and on at one one point point (p. on the the revolutionary revolutionary generation. generation. But But Wood Wood is is very very wise wise at (p. 10); 10); for for he he senses senses how instinct instinct with with meaning meaning was was the the triumph triumph of of English English common common law law inside inside the the American how American system. iller’s The The Life of the ind in system. (On (On this this subject subject see see also also pp. pp. 97 97 -- 265 265 of of Perry Perry M Miller’s Life of the M Mind in America America (New York: York: Harcourt, Harcourt, Brace Brace and World, 1965]; Daniel Boorstin’s Boorstin’s Mysterious Mysterious Sdence Science of of the the Law Law [New and World, 1965]; Daniel [Boston: and Anton-Hermann the Legal (Boston: Beacon Beacon Press, Press, 1958]; 1958]; and Anton-Hermann Chroust’s Chroust’s The The Rise Rise and and Fall Fall of of the Legal Profession in in America America [Norman: (Norman: University University of of Oklahoma Press, 1965].) 1965].) Profession Oklahoma Press, 17. Kendall’s ““Equality: Equality: Commitment 17. M Myy point point here here is is taken taken from from Kendall’s Commitment or or Ideal?” Ideal?” Phalanx Phalanx, , II (Fall, 95 -- 103. 103. Indeed, this essay measure aa supplement (Fall, 1967), 1967), 95 Indeed, this essay is is in in large large measure supplement to to Kendall Kendall on on the the Declaration and Lincoln’s allusion. Declaration and Lincoln’s “magic” ‘‘magic”’ (p. (p. 95) 95) in in rewriting rewriting it it by by allusion.

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The The Rhetoric Rhetoric for for Continuing Continuing Revolution Revolution 18. Lincoln Lincoln himself himself acknowledges acknowledges the the limited limited abstract abstract value value of of the the Declaration—that Declaration—that is, is, 18. unless its overall unless its overall form form be be ignored—in ignored—in his his April April 6,1859, 6, 1859, letter letter to to Henry Henry L. L. Pierce Pierce {The (The Political Political Thought of of Abraham Abraham Lincoln Lincoln, , p. p. 124). 124). Thought 19. Consider p. 19. Consider p. 17 17 of of The The Political Political Thought Thought of of Abraham Abraham Lincoln Lincoln (again (again the the Springfield Springfield speech speech of at Gettysburg of 1838) 1838) for for Lincoln’s Lincoln’s use use of of these these words. words. A A nation nation like like the the one one made made at Gettysburg must, must, of of course, course, divinize divinize its its author. author. Therefore Therefore the the predictability predictability of of the the Lincoln Lincoln myth—of myth—of aa political political god. god. 20. Selected 20. John John Crowe Crowe Ransom, Ransom, “Address ‘Address to to the the Scholars Scholars of of New New England”, England”, p. p. 73 73 of of Selected Poems (New (New York: York: Alfred Alfred A. A. Knopf, Knopf, 1952). 1952). Poems My summary of New supported by vit ch’s My summary of New England England thought thought and and letters letters is is supported by Sacvan Sacvan Berco Bercovitch’s The University Press, The Puritan Puritan Origins Origins of of the the American American Self Self (New (New Haven: Haven: Yale Yale University Press, 1975). 1975). 21. Battle HHymn” ym n” are are in (pp. 197 21. Two Two recent recent readings readings of of the the “‘‘Battle in Tuveson Tuveson (pp. 197 -- 202) 202) and and Wilson Wilson (pp. 91 -- 96). (pp. 91 96). 22. For 2. For aa discussion discussion of of the the confident confident epideictic, epideictic, II recommend recommend pp. pp. 266 266 -- 306 306 of of Bernard Bernard N. N. Schilling’s yth (New Schilling’s Dryden Dryden and and the the Conservative Conservative M Myth (New Haven: Haven: Yale Yale University University Press, Press, 1961). 1961). 23. 96) isis disturbed disturbed by 23. Wilson Wilson (p. (p. 96) by these these lilies lilies and and speculates speculates that that their their purpose purpose is is to to set set Christ preserving His Christ at at some some distance distance from from the the angry angry destruction destruction of of Jehovah, Jehovah, thus thus preserving His gentleness allusion to that the gentleness with with aa fused fused allusion to His His passive passive death death and and pastoral pastoral birth. birth. My My view view is is that the distinction Mrs. distinction is is one-of one. of time—of time—of Christ Christ in in the the gospels gospels and and Christ Christ in in Revelation. Revelation. Hence, Hence, Mrs. Howe manages manages to to have have it it both ways—to call call for Ronald Knox Knox named named “enthusiasm” “enthusiasm” Howe both ways—to for what what Ronald while while keeping keeping clear clear of of our our natural natural hostility hostility to to the the pathology pathology that that motivates motivates her; her; the the finality finality of of her shifted shifted tempo tempo and and “old-fashioned “‘old-fashioned Jesus” Jesus” gives gives her her the the appearance appearance of of “sweet “sweet reason” reason” even her even while withdraws nothing “general order” while she she withdraws nothing of of her her inflammatory inflammatory ‘‘general order” to to the the North. North. Her Her procedure miniature of procedure is is aa miniature of the the entire entire gnostic gnostic process. process. 24. Lincoln and his his poetic poetic supplement supplement are are close here. The The “blood” “blood” that that is is the the “inevitable 24. Lincoln and close here. “inevitable price” of “blessings” price” of “‘blessings”’ (rational (rational egalitarianism) egalitarianism) inhibits inhibits neither neither President President nor nor poetess. poetess. See See p. p. 32 of The The Political Political Thought Thought of Abraham Lincoln. Lincoln. 32 of of Abraham 25. AA recent summary of of millennial millennial thought thought in in the the North North during during the period of of conflict conflict 25. recent summary the period appears in American Apocalypse: appears in James James H. H. Moorhead’s Moorhead’s American Apocalypse: Yankee Yankee Protestants Protestants and and the the Civil Civil War, War, 1860 1869 (New 1860-- 1869 (New Haven: Haven: Yale Yale University University Press, Press, 1978). 1978). 26. 26. For For aa sample sample of of this this new new nervousness nervousness filtering filtering into into scholarship, scholarship, see see Edward Edward C. C. BanBanfield, The (Boston: Little, field, The Unheavenly Unheavenly City: City: Nature Nature and and the the Future Future. Urban Urban Crises Crises (Boston: Little, Brown Brown & & Co., Co., 1970). 1970).

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PART IV IV

PART

PROPER PATRIMONY: AA PROPER PATRIMONY: RUSSELL AND RUSSELL KIRK KIRK AND AMERICA’S MORAL MORAL GENEALOGY GENEALOGY AMERICA’S

ItIt isis nowadays fashion to nowadays the the fashion to think think of of these these United United States States as as aa wholly “invented” polity, as the pure and miraculous handiwork of wholly “ invented” polity, as the pure and miraculous handiwork of

those craftsmen who those gifted gifted political political craftsmen who were were our our honored honored forefathers forefathers and whose whose high high achievements we celebrated during the the recent recent comand achievements we celebrated during com­ memorative year. year. It It is is also wisdom that that our memorative also the the conventional conventional wisdom our original all original revolution revolution was was the the genuine genuine revolution, revolution, the the paradigm paradigm for for all serious serious and and progressive progressive rebellions, rebellions, early early or or late, late, and and the the fulcrum fulcrum upon obliged to upon which which the the modern modern world world has has since since been been obliged to turn. turn. It It is is obvious that obvious that the the emphasis emphasis behind behind these these assumptions assumptions is is upon upon what what was new new about about America, America, that that break break with with the the general general Western was Western prescription prescription which which should should ostensibly ostensibly account account for for our our distinctive distinctive political habitude habitude and and origination. origination. A A corollary corollary premise premise is is that that such such political aa revolution continue onon and un­ revolution is is destined destined to to continue and on, on, perpetually perpetually unfinished, with whatever finished, perpetually perpetually at at war war with whatever remains remains of of the the older older world turned upside world turned upside down down when when Lord Lord Cornwallis Cornwallis marched marched out out from his his works. works. from What to be What II have have been been describing describing is, is, to be sure, sure, the the basis basis for for aa varie­ variety impious readings recent months ty of of impious readings of of the the American American past. past. In In recent months we we have have heard heard or or read read about about them them all all as as part part of of the the regular regular Bicenten­ Bicentennial fare. fare. And perhaps detected detected in in the the almost almost choral choral harmonies harmonies of of nial And perhaps the music music they they make make together together aa fanfare fanfare sanctioning sanctioning disorders disorders yet yet to to the come. However, However, most of our our countrymen countrymen are are so thoroughly ac­ accome. most of so thoroughly customed to to the the calculus calculus which which informs informs these interpretations that that customed these interpretations they its operation they notice notice its operation rarely, rarely, if if at at all. all. When When told told that that the the France France 207 207

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of Robespierre, Robespierre, the the Russia Russia of of Lenin Lenin and and the China of of Mao Mao are are close close of the China relations to to the the America America of 1776, that that our our ““political religion” isis aa relations of 1776, political religion” position defined defined by by reaction reaction against against the the structures, structures, customs, customs, and position and feelings which which had had informed informed the the long long record record of of Western Western man prior feelings man prior to to the the inception inception of of our our adventure adventure with with independence, independence, they they offer offer no no objections. And though the the same same solid solid citizens citizens will, will, in in all all objections. And even even though likelihood, act act in in their their everyday everyday affairs affairs to to belie such infamous infamous likelihood, belie such analogies, analogies, the the pressure pressure of of distortion distortion gathers gathers continuously continuously in in the the absence of of vigorous vigorous refutation. refutation. The The results, results, in in our our contemporary contemporary absence social and and political discourse, are are something something we we experience experience with with social political discourse, ever growing dismay. ever growing dismay. Thus we we face the paradox that what what we we are are taught taught from from Thus face the paradox that authority authority concerning concerning the the American American Revolution Revolution is is the the measure measure of of our our confusion confusion on on that that subject. subject. Here Here the the influence influence of of Louis Louis Hartz Hartz and Bernard Bailyn Bailyn comes comes quickly quickly to to mind. mind. And And II mention mention their their and Bernard names only only to to typify typify aa more more numerous numerous breed—all breed—all of of them them relatives relatives names of the of the frenetic frenetic persona persona in in Swift’s Swift’s Tale Tale of a Tub Tub, , all, like that that mad mad of a all, like hack, gathering materials for ‘‘A Modest Defence of the hack, gathering m aterials for “ A Modest Defence of the Proceedings of the Rabble’. The Roots of American Order* presupProceedings of the Rabble”. The Roots o f American Order* presup­ poses, as as aa piece piece of of rhetoric, rhetoric, no no other state of of affairs, affairs, no no less less for­ forposes, other state midable advisedly. midable adversaries adversaries to to confound. confound. II use use the the word word rhetoric rhetoric advisedly. Praise of of discontinuity, discontinuity, rupture, rupture, and and drastic drastic innovation innovation is is ever ever the the Praise song of new ideological ideological historians—of historians—of helpful, helpful, not not baneful baneful song of the the new change: but but change change identified identified as as good good by by being being identified identified as as radical. radical. Kirk, Kirk, change: however, writes writes no no Tory Tory apocalypse. apocalypse. He He contends contends that that our our roots roots however, run deep deep and and remain remain intact, intact, that that to to know know them them is is to to recognize recognize both run both their antiquity antiquity and and their their present present hold upon us. us. His their hold upon His book book isis aa calculated inquiry inquiry into into the the genesis genesis of of our our national national character character which which calculated looks behind events remote antecedents antecedents and looks behind events and and documents documents to to remote and attempts its originality, attempts to to encourage encourage aa modest modest estimation estimation of of its originality, aa thoughtful thoughtful appreciation appreciation of of how how much much and and how how far far it it was was brought brought to to these rejoicing that these shores, shores, and and aa quiet quiet rejoicing that we we remain, remain, in in our our essential essential qualities people, soso well well and grounded in qualities as as aa people, and so so anciently anciently grounded in the the fundfund*Open Court Publishing Publishing Co., Co., 1117 1117 Eighth Eighth St., St., La La Salic, Salle, Illinois Illinois 61301. 534 pp. pp. +xvi. +xvi. $15. $15. •O pcn Court 61301. 534

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ed the ages. ed wisdom wisdom of of the ages. Kirk’s Kirk’s amiable amiable but but unremitting unremitting determina­ determination isis to tion to require require of of our our generation generation aa grudging grudging admission admission that that America America has has a a religious, religious, aa moral, moral, and and therefore therefore aa political political genealogy genealogy: : aa patrimony patrimony that that could could be be called called unrevolutionary unrevolutionary and and not not at at all all

modern, whose order-giving order-giving strength modern, whose strength owes, owes, by by accident accident or or omission omission as much much as by design, continuities so axiomatic that that we we have have as as by design, toto continuities so axiomatic rarely, until of of late, late, felt any need need to to speak speak of of them them at at all. all. rarely, until felt any Thus special sort of anomaly: of Thus came came his his book book to to be be aa special sort of anomaly: aa study study of America which devotes less than a third of its pages to life on this America which devotes less than a third of its pages to life on this side of of the the Atlantic. Atlantic. Indeed, some of of its its larger larger components components could could be be side Indeed, some read in­ read with with very very little little of of aa particular particular national national theme theme in in mind. mind. One One instance isis the Roman Virtue”. stance the section section on on ““Roman Virtue”. Another Another appears appears in in aa few few on Scotland’s (the subject subject of fine pages pages on Scotland’s St. St. Andrew’s Andrew’s University University (the of aa fine fine fine Kirk Kirk monograph—and monograph—and his his European European alma alma mater). mater). These These ex­ excursions might puzzle to think cursions might puzzle the the reader reader who who likes likes to think of of America America in in terms terms of of disembodied disembodied ideals. ideals. But, But, given given his his purposes, purposes, Kirk Kirk had had no no other choice no alternatives other choice of of procedures, procedures, no alternatives in in emphasis. emphasis. Most Most of of the the little write about colonial America formation little that that Kirk Kirk does does write about colonial America or or the the formation of Republic isis included backward of the the Republic included primarily primarily to to point point his his readers readers backward in time, time, to to trends trends and and authorities established among among us us long long before before in authorities established we became we became our our own own kind kind of of one one and and many. many. Jerusalem, four great Jerusalem, Athens, Athens, Rome, Rome, and and London—the London—the four great iconic iconic cities for the the Anglo-American for four distinctive struc­ cities for Anglo-American and and tropes tropes for four distinctive structurings turings of of social social and and political political life, life, these these plus plus an an assortment assortment of of sup­ supporting figures figures who who have made for perception of of these these citadels citadels porting have made for our our perception as given”—are the as aa sequence sequence and and aa synthetic synthetic ““given’—are the ingredients ingredients in in Kirk’s cultural cultural dynamic. dynamic. As As aa principle principle of of order order Jerusalem Jerusalem Kirk’s represents, faith and represents, of of course, course, faith and pious pious submission. submission. Athens Athens signifies signifies (apart from force as (apart from its its force as aa negative negative political political example) example) reason reason and and art: philosophy philosophy and and the the examined examined life. life. Rome Rome is is aa simpler simpler model. art: model. Rome and public order, aa notion cor­ Rome is is law law and public order, notion of of the the common common good, good, of of corporate liberty. liberty. After After Rome Rome comes Jerusalem again—the again—the life, death, porate comes Jerusalem life, death, and resurrection resurrection of Christ. Medieval Medieval man man sifted that first first Jerusalem Jerusalem and of Christ. sifted that and the gospels, and Athens Athens and and Rome Rome through through the the filter filter of of the gospels, the the fullness fullness of of God’s revelation revelation to to His His creation. And, most most significantly significantly for for God’s creation. And, 209 209

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Americans, the city the Thames. Christianity Americans, in in and and around around the city on on the Thames. Christianity taught taught of of the the integrity integrity of of the the individual individual soul. soul. In In England England that that translated into into liberty liberty under under law, law, in in community. community. Kirk Kirk gathers gathers up up translated the threads as he goes. Mixed in with his discourse of cities and the threads as he goes. Mixed in with his discourse of cities and men isis an an account of certain and ideas, their slow slow and steady men account of certain habits habits and ideas, their and steady formation. And And much much church church history. history. For For the the moral moral imagination formation. imagination has many its roots roots there, there, as Kirk never never allows allows us to forget, forget, though though has many ofof its as Kirk us to the decorums which which it it nourishes nourishes take take aa prudential, prudential, secular secular form. form. the decorums These reverend reverend patrimonies, religious and and traditional, traditional, reach so far far These patrimonies, religious reach so back into our composite our identity back into our composite past past and and have have so so nourished nourished our identity that are loath loath even even to to think think of of them them unless unless they they begin to lose lose that we we are begin to their the English their hold. hold. And And they they are are inseparable. inseparable. Hear Hear Kirk Kirk on on the English ab­ absorption and sorption and combination combination of of previous previous Western Western culture: culture: From that that time time [of [of conversion] conversion] forward, forward, despite conquest by the Danes Danes From despite conquest by the and despite the and later later by by the the Normans, Normans, despite the English English Reformation Reformation of of the the six­ sixteenth century century and and the the Civil Civil Wars of the the seventeenth seventeenth century, century, one one may may teenth Wars of trace the the development of English English law, law, English English political political institutions, institutions, and trace development of and English would spread America in English civilization—a civilization—a continuity continuity that that would spread to to America in the the seventeenth in which seventeenth century century and and would would provide provide fertile fertile soil soil in which the the American American culture could take root. root. Knowledge medieval England England and and Scotland Scotland isis culture could take Knowledge ofof medieval essential essential to to a a decent decent understanding understanding of of American American order. order. During During those those nine hundred hundred years years between between the coming of of Saint Saint Augustine Augustine of of Canter­ Canternine the coming bury and and the the triumph triumph of of Renaissance Renaissance and and Reformation Reformation at at the the beginning beginning bury of the the sixteenth sixteenth century, century, there there developed developed in in Britain Britain the general system system of of of the general law we inherit; law that that we inherit; the the essentials essentials of of representative representative government; government; the the very very language language that that we we speak speak and and the the early early greatness greatness of of English English literature; literature; the the social patterns that still affect afTect American American society; social patterns that still society; rudimentary rudimentary industry industry and commerce commerce that that remain remain basic basic to to our modern economy; economy; the the schools schools and our modern and and and universities universities which which were were emulated emulated in in America; America; the the Norman Norman and English architecture that that are are part part of of our material inheritance; inheritance; English Gothic Gothic architecture our material and the the idea idea of of aa gentleman gentleman that that still still may may be be discerned discerned in the American American ahd in the democracy. medieval patrimony democracy. This This medieval patrimony was was so so much much taken taken for for granted granted by by the men men who who founded founded the the American American Republic Republic that that they they did not even the did not even trouble themselves themselves to praise it it so so much much as as they they should should have have done. done. (p. (p. 178) 178) trouble to praise

AA major major purpose purpose of volume is is to to correct correct the the distortion distortion made made of this this volume possible the silence silence of of the “founders”. possible byby the the “founders”. The centerpiece of The Roots Roots ooff American American Order well be The centerpiece of The Order may may well be

Kirk’s discussion of of Great Great Britain Britain after after the the Renaissance Kirk’s discussion Renaissance and and ReforRefor­ mation, from from the sixteenth to eighteenth century. century. It It is is aa mastermation, the sixteenth to the the eighteenth master­

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ful social, cultural, ful synthesis synthesis of of social, cultural, and and political political developments. developments. That That we are an extension record no one who who reads reads these these pages will we are an extension ofof this this record no one pages will hereafter doubt. Yet hereafter be be disposed disposed to to doubt. Yet this this observation observation can can mislead. mislead. And all all the rest of of his his narrative narrative of of Western Western beginnings beginnings may may charm charm And the rest us us overmuch. overmuch. We We have have had had from from Kirk’s Kirk’s astonishing astonishing career career proof proof of of aa profound profound interest in the In truth, interest in the acts acts and and monuments monuments of of Europe. Europe. In truth, the concern isis so the demonstration demonstration of of this this concern so considerable considerable that that hostile hostile comment the Wizard Wizard of sometimes argued comment on on the of Mecosta Mecosta has has sometimes argued from from it it that he only aa cultural cultural expatriate, expatriate, aa connoisseur connoisseur of of archaic archaic places, places, that he isis only persons, and and emotions. emotions. But, But, because because of the fashion fashion in in which which Kirk Kirk persons, of the links to his his perspective nation, links this this passion passion to perspective on on the the formation formation of of our our nation, we Russell Kirk was always we can can now now insist insist that that Russell Kirk was always occupied occupied with with the the old old world world chiefly chiefly because because of of his his identification identification with with the the new. new. He He is is an an in­ instinctive master master in in the reconstruction of of aa living living social and political political stinctive the reconstruction social and condition, of seemingly contradictory impulses condition, the the Gestalt Gestalt of seemingly contradictory impulses and and im­ imperatives within or peratives operating operating in in configuration configuration within or behind behind the the thoughts thoughts and deeds men and and nations. nations. His His sketches persons mighty mighty in in and deeds ofof men sketches ofof persons battle, in in thought, thought, or or in in the the spiritual spiritual realm are illustrative of this this battle, realm are illustrative of gift. for The American gift. Yet Yet m m each each of of these these portraits portraits drawn drawn for The Roots Roots of of American Order Order the the teaching teaching remains remains clear clear: : they they (or (or their their kind) kind) helped helped direct­ directly to to make make us us what we are. are. Or what, at at our our best, best, we we should should be. be. Never Never ly what we O r what, again again will will students students of of Kirk’s Kirk’s career career doubt doubt that that his his absolute absolute location location in and his his identification in upstate upstate Michigan Michigan and identification with with the the “wise “wise pre­ prejudice” of that judice”’ of that ancestral ancestral place place is is consonant consonant with with his his salutes salutes to to the the classical, Scots, and classical, the the medieval, medieval, the the Scots, and (American) (American) Southern Southern regimes. of these writes as regimes. In In all all of these explorations explorations Kirk Kirk writes as aa recognizable recognizable variety of of American. American. And And if if that that American American speaks speaks in in the the English English variety idiom of of an an Old Old Whig Whig or or moderate moderate Tory, inheritance he applies idiom Tory, the the inheritance he applies to situation has in its to our our situation has all all the the more more authority authority in its application application of of the the mores mores majorum majorum formed formed and and tested tested long long ago ago by by the the intellectually intellectually most most significant of our progenitors: progenitors: aa habit habit of of mind mind built built into into the the significant of our language itit created created and and sanctioned sanctioned by by fruitful fruitful use. use. language This This book book is is therefore therefore not not so so much much a a dissertation dissertation on on American American history as as aa prolegomenon prolegomenon to to the the study study of of discrete discrete components components of of history that record record and and aa context context for for such such restricted restricted inquiries: inquiries: aa Burkean Burkean that 211 211

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preface to historical for under­ preface to historical research research per per se se, , and and aa touchstone touchstone for understanding the specious eschatologies eschatologies and and mythologies mythologies which which struc­ strucstanding the specious ture regnant historians. ture the the narratives narratives of of our our regnant historians. Since Since the the filter filter through which which the the general Western prescription prescription came into our through general Western came into our system isis aa British British one, one, the the pivotal pivotal sections sections of of Kirk’s Kirk’s inquiry inquiry con­ consystem cern, fortiori, , the the effect effect of of that that filter filter on the decisions decisions which which drove cern, aa fortiori on the drove British America America to to pursue pursue aa destiny destiny of of its its own. own. His His great great point British point isis that impetus was was itself itself English, English, and and after after the the Revolution Revolution con­ conthat the the impetus tinued to English—at least least until until 1860. 1860. Kirk Kirk on on the the heritage heritage of of tinued to bebe English—at the English English common common law, law, the the rule rule of of stare stare decisis decisis, , as as that that mentality mentality the has shaped our common common course course adds, adds, II believe, valuable inhas shaped our believe, some some valuable in­ sights to to the the study of American American politics politics: : Kirk Kirk on on Blackstone Blackstone and and his his sights study of predecessors, whose whose authorities authorities were were not not set set aside aside with with the the rejec­ rejecpredecessors, tion of of George George III. III. Hear Hear again again his his words: words: ““‘ItIt was was to to the precedent tion the precedent of Petition of [1628], other constitutional of the the Petition of Right Right [1628], among among other constitutional precedents, that that American American Patriots Patriots would would look the 1760’s 1760’s and and precedents, look inin the 1770’s, and and many many of the grievances in the the Petition would 1770’s, of the grievances listed listed in Petition would reappear in in the the American American Declaration Declaration of of Independence” Independence” (p. reappear (p. 261). 261). Kirk keeps keeps us us ever ever mindful mindful that that we we were were not “‘made”’ but, but, rather, rather, Kirk not “made” thanks to to new new circumstances circumstances and and “benign “‘benign neglect”, neglect’’, simply simply ““grew”’. thanks grew”. The institutions institutions of of representative representative government government flourished flourished from The from earliest every North earliest times times in in almost almost every North American American colony. colony. Also Also aa plurality of them established; and and the plurality of of churches, churches, some some of them established; the habit habit of of religious toleration, at at least least outside of New New Engländ. England. Equally Equally con­ conreligious toleration, outside of vincing Kirk’s observations observations on the total British vincing are are Kirk’s on how how we we adapted adapted the total British precedent any sense sense of of irreverence irreverence toward toward the the model model or or precedent without without any much awareness awareness that that real real modification modification was process. much was inin process. body of of transplanted transplanted English freeholders with with aa few few town town AA body English freeholders men thrown in, in, minus minus aa nobility nobility or or powerful powerful church church establishment, men thrown establishment, could in aa new land, have any other other way. way. At At least, least, could not, not, in new land, have turned turned out out any not after 1688 1688 and and the the development of aa legalist, legalist, xenophobic, xenophobic, and and not after development of unphilosophical unphilosophical rationale rationale for for political political justification justification of of that that most most English and conservative of of rebellions. rebellions. The The Declaration Declaration of of English and conservative Independence is is aa forensic, forensic, rhetorical rhetorical document, document, the end of of aa series series Independence the end of such, such, designed to enlist recruits here here and and sympathy sympathy in in England. England. of designed to enlist recruits 212 212

Patrimony AA Proper Proper Patnmony ItIt is is intellectually intellectually an an outgrowth outgrowth of of the the Glorious Glorious Revolution. Revolution. Understood you Understood historically historically and and in in its its formal formal character, character, read read as as you would read aa public public poem, poem, it it tells tells us us how to approach approach our our depar­ deparwould read how to

ture from from the the royal royal protection. protection. And And as as rhetoric, rhetoric, in in what what it it specifies specifies ture and what it it neglects neglects to to mention, mention, the the Constitution equally elo­ eloand what Constitution isis equally quent: in of authority quent: in its its ideological ideological spareness, spareness, its its derivation derivation of authority from from pre-existent states English history, pre-existent states (resting (resting on on English English charters, charters, English history, and what what legally legally had had being); being); and also in in its its first first ten ten amendments, amendments, and and also drawn England’s own 1689 Declaration Declaration of of Rights. Rights. drawn directly directly from from England’s own 1689 The inference inference is is unmistakable. unmistakable. Separation Separation came the other other side. The came from from the side. Americans within the Americans remained remained within the inherited inherited identity, identity, keepers keepers of of that that most basic and inviolate of of compacts, between the the living, living, dead, dead, and and most basic and inviolate compacts, between yet unborn. unborn. From From these these materials materials has has subsisted subsisted (in (in our our author’s author’s yet terms) an an ““unwritten of our our own. own. To this union union we we terms) unwritten constitution” constitution” of To this gave—on purpose, gave—on purpose, in in the the English English spirit—only spirit—only partial partial expression, expression, chiefly in connection with new economic economic and political realities realities chiefly in connection with new and political which were part of the American scene after the thirteen sovereign which were part of the American scene after the thirteen sovereign states achieved achieved their their respective respective autonomies. But aa people people with with aa states autonomies. But real genealogy no need or the real genealogy have have no need of of ingenious ingenious founders founders or the abstrac­ abstractions of contract. in these tions of contract. Kirk Kirk conceives conceives of of his his work work in these matters matters as as aa labor of of restoration restoration and recovery, not not as as aa venture venture in in intellectual intellectual in­ inlabor and recovery, novation. However, However, as as he he well well knows, knows, to to suggest suggest such such historically historically novation. truths concerning concerning 1776 1776 and and 1787 1787 is, is, for for this this bemused bemused ““self-evident” self-evident” truths generation, originality could generation, more more shocking shocking than than mere mere originality could hope hope to to be. be. To repeat, emphasis emphasis on on the the English English filter filter is is necessary necessary to to their their To repeat, demonstration. demonstration. In The Roots American Order will scandalize In two two other other respects respects The Roots ooff American Order will scandalize those educated conventionally. conventionally. II refer refer here here to to Kirk’s Kirk’s insistence insistence those educated upon the of revealed among earlier earlier Americans upon the authority authority of revealed religion religion among Americans and the ideal the gentleman. The tenets and his his tributes tributes to to the ideal of of the gentleman. The tenets of of the the Christian faith are are the the second second prescription prescription in in his his account account of of our our Christian faith roots. Right Right order upon the the commitment commitment of of single single persons persons roots. order depends depends upon to its ground, ground, an an acknowledgment acknowledgment of of some some outside outside authority. authority. Ex­ Exto its cessive individualism is checked only by such extrinsic force, when cessive individualism is checked only by such extrinsic force, when freely admitted. admitted. Moral Moral order order within within strong strong men men binds binds the the itit isis freely

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Commonweal the Godsweal. sound on­ Commonweal to to the Godsweal. Both Both rest rest finally finally on on aa sound ontology, operate with And tology, without without which which no no decalogue decalogue can can operate with force. force. And gentlemen the vessels ever gentlemen are are the vessels of of this this sound sound ontology, ontology, those those who who are are ever conscious per­ conscious that that the the gods gods alone alone assign assign our our stations stations and and exact exact aa performance equivalent to formance equivalent to their their importance. importance. In In aa nation nation where where almost almost nothing was was codified—where codified—where communities communities were were very very different, different, each each nothing jealous of of its its own own character character while while still still desiring desiring aa definite definite but but jealous restricted link link to to the the rest—no more than than aa de de facto facto, , localistic restricted rest—no more localistic religious/social structure made that is, religious/social structure made good good sense; sense; that is, if if the the balance balance of of these conflicting imperatives was to survive. these conflicting imperatives was to survive. Thus reading of Thus the the customary customary reading of certain certain silences silences in in our our Constitution the mark. Constitution is is clearly clearly off off the mark. Some Some of of this this learned learned distortion distortion Kirk disarms with with aa few few remarks remarks on on the the merits merits of of genuine genuine Kirk disarms “federalism”. concerning “‘‘democracy”’, democracy”, “federalism”. Other Other vulgar vulgar errors errors concerning “competition”, or ““liberation” liberation” are “competition”, or are negated negated by by the the aforementioned aforementioned “‘characters”’: : Jesus Jesus and Paul, Solon Solon and and St. St. Augustine, Augustine, John John Knox Knox “characters” and Paul, and Cicero, Marcus Aurelius and and John John of of Brienne, Brienne, to to mention mention but but aa and Cicero, Marcus Aurelius few. II value value in particular his his paired paired discussions discussions of of John John Locke Locke and and few. in particular David in the David Hume. Hume. As As regards regards their their utility utility in the explication explication of of an an emerging national national personality personality we we have have heard heard too too much much in in praise praise of of emerging the former, former, far far too too little of the the latter. latter. Locke’s Locke’s notion notion of of politics in aa the little of politics in presocial few advocates presocial vacuum vacuum had had few advocates in in the the Philadelphia Philadelphia of of 1787. 1787. Hum e’s skeptical skeptical prudence was more Hume’s prudence was more in in evidence evidence in in the the drafting drafting of of our than any any theory of human human rights as imperatives imperatives our Constitution Constitution than theory of rights as operating outside of aa specific cultural continuum. continuum. For For the the same same operating outside of specific cultural reasons, II admire admire the the sketches sketches of of Sir Sir Thomas Thomas Browne Browne and and John John reasons, Bunyan. Again contrary to what we are told by the secularist Bunyan. Again contrary to what we are told by the secularist authorities, heard in authorities, their their voices voices are are still still heard in this this land, land, bespeaking bespeaking an an invisible communion communion all all the the stronger stronger for being interior interior and and beyond invisible for being beyond the prying prying eyes eyes of of such such hostile hostile examiners examiners: : audible audible in in the the hymnody hymnody the in which which most most of of us us still still join join to to celebrate celebrate our our deepest deepest loyalties loyalties in in the the in time of of worship. To reveal and display display aa bit of this this submerged submerged time worship. To reveal and bit of cultural iceberg iceberg isis Kirk’s Kirk’s enterprise. enterprise. For, For, as he writes writes in in conclusion, conclusion, cultural as he one form form of of happiness; happiness; and and anyone who appreciates appreciates ““Gratitude Gratitude isis one anyone who the legacy legacy of of moral moral and social order order which which he he has inherited in in the and social has inherited 214 214

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America He ends America will will feel feel gratitude” gratitude” (p. (p. 475). 475). He ends his his text text proper proper with with the most an appreciative comment on the most extensive extensive of of his his sketches, sketches, an appreciative comment on aa neglected predecessor predecessor in American thought—and, thought—and, in in many many ways ways an neglected in American an analogue Kirk himself. Orestes Brownson, Brownson, aa New New Englander Englander by by analogue toto Kirk himself. Orestes inheritance, after being being exposed armed doctrines” doctrines” of inheritance, after exposed to to all all the the ““armed of his his day, settled day, settled in in Michigan, Michigan, and and ended ended up up aa Roman Roman Catholic Catholic and and aa traditionalist. Brownson traditionalist. Brownson wrote wrote in in his his The The American American Republic Republic (1865) (1865) the of the the prototype prototype of the book book here here under under consideration. consideration. The The old old reformed radical radical praises praises “territorial democracy” and and bemoans its reformed “territorial democracy” bemoans its decline. His His is is not not aa hopeful hopeful composition, composition, nor were the the years years of of its its decline. nor were origination—not to to aa man like Brownson, Brownson, or or aa man man like like Russell Russell origination—not man like Kirk. Kirk. Which uneasiness about of Which brings brings me me to to express express uneasiness about one one quality quality of The Roots American Order> Order, aa quality quality made inevitable by by the the The Roots of o f American made inevitable rhetorical objectives objectives of of the the work work but but nonetheless of men­ menrhetorical nonetheless deserving deserving of tion in in aa full full assessment. assessment. As As II observed observed above, Kirk more or less less tion above, Kirk more or concludes concludes his his account account with with the the War War Between Between the the States. States. This This emphasis emphasis is is aa tacit tacit admission admission that that the the objections objections II have have in in mind mind are are very much much in in order. order. For For it it isis necessary necessary to recognize that that almost almost very to recognize coeval with with our our oldest oldest roots components of national temper temper coeval roots are are components of the the national which have have perpetually perpetually threatened threatened to to poison poison the the healthy healthy springs springs on on which which they feed. New which they feed. The The locus locus of of these these obnoxious obnoxious elements elements is is the the New England of of the the worldly worldly but but still still “‘“‘holy” covenant, of of antinomian, antinomian, England holy” covenant, chiliastic politics; and American chiliastic politics; and their their principal principal distributor distributor into into the the American intellectual of men, men, the intellectual bloodstream bloodstream is is our our chief chief of the Illinois Illinois Cromwell, Cromwell, Abraham The City Abraham Lincoln. Lincoln. The City upon upon aa Hill, Hill, once once renamed renamed “Union” “Union” and and refounded refounded by by “fire “fire and and sword”, sword”, is is not not really really the the Republic Republic of of Kirk’s two isis to Kirk’s reverence. reverence. And And to to join join the the two to nourish nourish both. both. True True enough, sometimes thing”, enough, our our native native gnosticism gnosticism is is aa “‘sometimes thing”’, even even in in its its principal principal champions. champions. For For instance, instance, the the regimenting regimenting Federalists Federalists deserve credit for arresting arresting the the spread spread of of French French “isms” “isms” and and for for deserve credit for preserving the the common And Lincoln Lincoln often often contradicts contradicts the the preserving common law. law. And heresies boldly boldly trumpeted trumpeted in in the the House-Divided, House-Divided, Gettysburg, Gettysburg, and heresies and Second Inaugural Inaugural Addresses. Addresses. In In one one situation situation the the Great Great Eman­ EmanSecond cipator may cipator may arrogate arrogate to to himself, himself, by by argument argument and and language, language, an an es­ es215 215

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pecial pecial intimacy intimacy with with the the Divine Divine Will. Will. He He is is prepared, prepared, when when seized seized by by the the afflatus, afflatus, to to declare declare that that the the multi-faceted multi-faceted union union ordained ordained by by the Fathers Fathers has has brought brought upon upon their their sons sons (and (and especially especially upon upon the moderate moderate men men in in the the North, North, long long comfortable comfortable in in this this "divided "divided house") on High. house") aa judgment judgment from from on High. On On another another occasion occasion he he will will offer of our variety, the offer to to the the "sore "sore thumb" thumb" of our internal internal variety, the long long accepted accepted fact of fact of black black slavery, slavery, aa constitutional constitutional guarantee guarantee more more rigid rigid than than what was needful needful to to secure secure aa confederation confederation in in the the first first place. place. what was Sorting this network network of of conflicting conflicting opinions opinions is is aa thankless thankless task, task, Sorting out out this requiring the the skill skill and and the the example example of Russell Kirk. Kirk. Yet, Yet, aa labor labor requiring of aa Russell for be done. for reasons reasons he he has has taught taught us, us, it it must must be done. And And with with the the instruments instruments he he (among (among others) others) has has put put into into our our hands. hands. ItIt is is enough Federalists and were asas enough to to say say that that if if Kirk’s Kirk’s Federalists and his his Lincoln Lincoln were persuasive to me me as as the the ambiguous ambiguous demons demons of my own own syncretic syncretic persuasive to of my typology, could endure typology, we we could endure them them well well enough. enough. Then Then might might we we occupy ourselves more protecting the occupy ourselves more with with cultivating cultivating than than with with protecting the old well. old stock stock tree tree that that we we both both love love well. But for for the the moment moment we we must must take take advantage advantage of the impetus impetus But of the given to us Order and given to us by by The The Roots Roots ooff American American Order and perform perform some some of of the the labors Kirk studies) labors which which it it (like (like earlier earlier Kirk studies) challenges challenges us us to to under­ undertake. The The futurists who construe the past past according according to to the take. futurists who construe the the measure measure of aa tomorrow tomorrow they can only imagine—a dream, dream, usually usually bad, bad, which which of they can only imagine—a hopefully will will never never come come true—must true—must be be confronted confronted in in connection connection hopefully with the the discrete segments of of the the American American record. record. And And with with with discrete segments reference to to the the history history of American disorder disorder, , of which Kirk Kirk speaks speaks reference of American of which only his achievement, only by by comparison. comparison. Spurred Spurred by by his achievement, let let us us have have narratives, mixed with generous portions and narratives, mixed with generous portions of of biography biography and analogue, and and aa quiet quiet emphasis emphasis on commitments shaping shaping the the ac­ acanalogue, on commitments tions of those involved long before they have found theoretical extions of those involved long before they have found theoretical ex­ pression. bonds ofof faith, faith, friendship, pression. Let Let us us demonstrate demonstrate how how the the bonds friendship, family, and common experience have ordinarily ordinarily obtained obtained in in our our family, and common experience have national affairs, affairs, whatever whatever abstract abstract explanations explanations are are imposed upon national imposed upon them However, as we follow them after after the the fact. fact. However, as we follow this this example, example, let let us us pay pay tribute tribute to to its its source, source, recall recall who who has has been been and and continues continues to to be be such such an anchor of our sanity and and for for so long the the special special keeper keeper an anchor of our political political sanity so long 216 216

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of this prescription for call themselves of this prescription for Americans Americans who who call themselves conservative. conservative. Where the study of these roots is concerned, we all Where the study of these roots is concerned, we all begin begin with with Russell Kirk. Russell Kirk.

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INDEX INDEX Aberncthy, 61, 142 Abernethy, Thomas Thomas Perkins, Perkins, 61, 142 Adams, 18-21, 98 Adams, John, John, 18-21, 98 Aeneas, 172-174 Aeneas, 120, 120, 172-174 Appian, 99 Appian, Articles ofof Confederation, 106, 128-129 128-129 Articles Confederation, 106, Athens, Athens, 209 209 Bacon, Sir Francis, Francis, 140 Bacon, Sir 140 Bacon, Nathaniel, 60, 63-66 63-66 Bacon, Nathaniel, 60, Bailyn, Bernard, Bernard, 208 Bailyn, 208 ““Battle Battle Hymn the Republic,” Republic,” 188, Hymn of of the 188, 192, 192, 196-199 196-199 Beccaria, Caesare, 129 Beccaria, Caesare, 129 Berkeley, Sir Berkeley, Sir William, William, 61, 61, 63-67 63-67 Beverley, Robert, 175-177 Beverley, Robert, 175-177 Blackstone, Sir William, 35, 35, 103, 103, 123, 212 Blackstone, Sir William, 123, 212 Boorstin, Daniel, 35, 150 150 Boorstin, Daniel, 35, Bracton, Henry, 38, 38, 123, 143 Bracton, Henry, 123, 143 Browne, Sir Thomas, 214 Browne, Sir Thomas, 214 Brownson, Orestes, Orestes, 215 Brownson, 215 Brutus, Lucius Junius, 13, Brutus, Lucius Junius, 13, 128 128 Bunyan, John, 214 214 Bunyan, John, Burke, Edmund, 22, 33-35, 33-35, 85, Burke, Edmund, 22, 85, 103 103 Byrd, William Byrd, William II, II, 178 178 Calhoun, John John C., C., 173 Calhoun, 173 Caçey, 41-42, 47, Carey, George George W., W., 41-42, 47, 51-52 51-52 Cato the 9, 11, 11, 1212 Cato the Censor, Censor, 9, Cato Uticensus, Uticensus, 99 Cato Charles 23, 114 Charles I, I, 23, 114 Charles II, 64, 6666 Charles II, 64, Cicero, 9, 13, 17-18, 85, 85, 214 Cicero, 9, 13, 17-18, 214 Coke, 121, 143 Coke, Sir Sir Edward, Edward, 35, 35, 88, 88, 108, 108, 121, 143 Constitution, English, 81-83, 93, 93, 104, 104, 115Constitution, English, 81-83, 115116, 122-125 116, 119-120, 119-120, 122-125 Constitution, 98-101, 103 Constitution, United United States, States, 98-101, 103

Coulange, Fustel de, de, 88 Coulange, Fustel Crane, S., 6868 Crane, R. R. S., Cromwell, 31, 44, 44, 148, Cromwell, Oliver, Oliver, 31, 148, 181, 181, 215 215 Davis, Jefferson, Jefferson, 154-157, 158, 160-161 Davis, 154-157, 158, 160-161 Declaration ofof Rights, 38-39, 71, Declaration Rights, 38-39, 71, 81, 81, 111, 111, 122, 122, 126, 126, 160, 160, 192-194 192-194 De Nemours, 148 De Nemours, Du Du Pont, Pont, 148 Dickinson, Dickinson, John, John, 15-18, 15-18, 79-95, 79-95, 98, 98, 130 130 Diplomacy, Diplomacy, 139 139 Dirksen, Senator Senator Everett McKinley, 4242 Dirksen, Everett McKinley, Drayton, Michael, Michael, 169-172 Drayton, 169-172 Drayton, William Henry, 111-133 Drayton, William Henry, 111-133 Elliot, Jonathan, Jonathan, 100 100 Elliot, Equality, 29-32, 41-44, 41-44, 81, 104, 129, Equality, 29-32, 81, 91, 91, 104, 129, 145 145 Fehrenbacher, Don E., 4545 Fehrenbacher, Don E., Fortescue, Sir Fortescue, Sir John, John, 38, 38, 143 143 Franklin, Ben, Ben, 97, 97, 137-141 Franklin, 137-141 French Revolution, Revolution, 4, 20, 93, 146, 207207French 4, 16, 16, 20, 93, 146, 208 208 Gadsden, Christopher, Gadsden, Christopher, 113, 113, 115 115 George 19, 40, George III, III, 14, 14, 18, 18, 19, 40, 62, 62, 73, 73, 84-85, 84-85, 104, 111, 122, 125-126, 125-126, 154 104, 111, 117, 117, 122, 154 Glorious Revolution, 112, 117, Glorious Revolution, 80, 80, 112, 117, 125, 125, 157, 157, 181, 181, 193, 193, 213 213 Hakluyt, Richard, 171-172 Hakluyt, Richard, 169, 169, 171-172 Hannibal, 9-10, 12, 12, 124 124 Hannibal, 9-10, Hartz, Louis, Hartz, Louis, 208 208 Henry, Patrick, 15-16, 61, 97-110, 130, Henry, Patrick, 15-16, 61, 74, 74, 97-110, 130, 141, 146, 162 141, 146, 162 Holland, 127-128 Holland, 127-128 Horace, 9,9, 149 Horace, 149 Howe, Julia Ward, 197-199 Howe, Julia Ward, 197-199 Hume, 214 Hume, David, David, 214

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Inns Inns of of Court, Court, 83 83 Jackson, Jackson, Andrew, Andrew, 74, 74, 178 178 Jaffa, Jaffa, Harry Harry V., V., 29-57 29-57 James James II, II, 23, 23, 63, 63, 81, 81, 117 117 Jefferson, Thomas, 74, 97-99, 107, Jefferson, Thomas, 74, 97-99, 107, 137, 137, 140-149, 163 140-149, 163 Declaration Declaration of of Independence, Independence, 32-41, 32-41, 142-143, 142-143, 212-213 212-213 Jerusalem, Jerusalem, 209 209 Jones, Mumford, 175, 178, 180 Jones, Howard Howard Mumford, 175, 178, 180 Jones, 178 Jones, Hugh, Hugh, 178 Jouvenal, 30 Jouvenal, Bertrand Bertrand de, de, 30 Juvenal, Juvenal, 88 Kendall, Kendall, Willmoore, Willmoore, 41-42, 41-42, 47, 47, 51-52 51-52 Kirk, Kirk, Russell, Russell, 207-217 207-217 Laurens, 115 Laurens, Henry, Henry, 115 Law 115 Law Speaker, Speaker, 115 Lawrence, Lawrence, D. D. H., H., 138, 138, 141 141 Lee, 109, 159-160, Lee, Robert Robert Edward, Edward, 109, 159-160, 163, 163, 164, 164, 173 173 Liberty, 29-31, 48, Liberty, 12-13, 12-13, 21, 21, 23, 23, 29-31, 48, 91, 91, 93, 93, 109, 117, 147, 109, 115, 115, 117, 147, 157 157 Lincoln, Lincoln, Abraham, Abraham, 21, 21, 42-50, 42-50, 118, 118, 156, 156, 164-165, 164-165, 192, 192, 215-216 215-216 Cooper Cooper Union Union Speech, Speech, 48 48 First 48-49, 146 First Inaugural, Inaugural, 48-49, 146 Gettysburg 50, 164, Gettysburg Address, Address, 50, 164, 187-192 187-192 House-Divided House-Divided Speech, Speech, 44-46 44-46 Springfield Lyceum Springfield Lyceum Address, Address, 43 43 Livy, 3, 5,5, 9-11, 9-11, 14-16, Livy, 3, 14-16, 19-20, 19-20, 124, 124, 128 128 Locke, 31, 35, 35, 52, Locke, John, John, 31, 52, 108, 108, 214 214 London, London, 209-210 209-210 Long, Long, Huey, Huey, 60 60 Lowndes, Rawlins, Lowndes, Rawlins, 129 129 Lytle, 109 Lytle, Andrew Andrew Nelson, Nelson, 109 Madison, Madison, James, James, 93, 93, 107, 107, 146, 146, 148 148 Magna Magna Charta, Charta, 82, 82, 121-122, 121-122, 160 160 Marcus Marcus Aurelius, Aurelius, 214 214 Marx, Leo, 174 Marx, Leo, 174 Mason, Mason, George, George, 16 16 Mather, Mather, Cotton, Cotton, 138 138 Melville, Melville, Herman, Herman, 139 139 Morgan, Morgan, Edmund Edmund S., S., 61, 61, 69 69 Morris, Morris, Gouverneur, Gouverneur, 14 14 New 111, 137-138, New England, England, 42, 42, 107, 107, 111, 137-138, 174174175, 175, 180-181, 180-181, 194-196 194-196 Oakeshott, Oakeshott, Michael, Michael, 107 107 Oglethorpe, James, Oglethorpe, James, 69-71 69-71 Old 86, 91-93, Old Whigs, Whigs, 13, 13, 19, 19, 38, 38, 82-83, 82-83, 86, 91-93, 101-102, 111-112, 130, 101-102, 111-112, 130, 143, 143, 157, 157, 160, 160,

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Paine, Paine, Thomas, Thomas, 18, 18, 20, 20, 35, 35, 85-86, 85-86, 97 97 Pastoralism, Pastoralism, 149 149 Pendleton, 99 Pendleton, Edmund, Edmund, 99 Peterson, Peterson, Merrill, Merrill, 147-148 147-148 Petition Petition of of Right, Right, 104, 104, 114, 114, 121, 121, 123, 123, 160, 160,

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Pliny Pliny the the Elder, Elder, 7-8 7-8 Plutarch, Plutarch, 3-5, 3-5, 8 8 Polybius, Polybius, 4-5, 4-5, 18-19 18-19 Populism, 59-76 Populism, 59-76 Punic Punic War, War, 5, 5, 8-11, 8-11, 16 16 Puritan Revolution, 18, Puritan Revolution, 18, 85, 85, 112, 112, 154-155 154-155 Randolph, 22 Randolph, John, John, 22 Ransom, 195 Ransom, John John Crowe, Crowe, 195 Read, Read, Sir Sir Herbert, Herbert, 50 50 Regulators, Regulators, 72-73, 72-73, 178 178 Rhetorical Rhetorical criticism, criticism, 33-42,85-90,115-128, 33-42, 85-90, 115-128, 141-148, 187-194 141-148, 155-156, 155-156, 161-163, 161-163, 187-194 Roane, Spencer, 100 Roane, Spencer, 100 Roman 3-4 Roman architecture, architecture, 3-4 Roman Roman Republic, Republic, 3-27, 3-27, 86-87, 86-87, 108, 108, 150, 150, 180 180 Rutledge, Rutledge, Edward, Edward, 129 129 Rutledge, Rutledge, John, John, 115-116 115-116 Sage, Sage, Bernard Bernard J., J., 173 173 Sallust, 9, 12-14, Sallust, 9, 12-14, 20 20 Scotland, Scotland, 209 209 Simkins, Butler, 62 Simkins, Francis Francis Butler, 62 Simpson, P., 149 Simpson, Lewis Lewis P., 149 Smith, Captain Smith, Captain John, John, 174-176, 174-176, 181 181 Stephens, Alexander, Stephens, Alexander, 42-43, 42-43, 159 159 Strauss, Leo, 32, 34 Strauss, Leo, 32, 34 Suetonius, 5,5, 21 Suetonius, 21 Swift, Swift, Jonathan, Jonathan, 33, 33, 85, 85, 208 208 Sydnor, Sydnor, Charles Charles S., S., 61, 61, 142 142 Tacitus, Tacitus, 3, 3, 5, 5, 9, 9, 21 21 Tailfer, Tailfer, Patrick, Patrick, 70-71 70-71 Tate, 172-173, 198 Tate, Allen, Allen, 172-173, 198 Taylor, Richard, 165 165 Taylor, Richard, Texas Ordinance Texas Ordinance of of Secession, Secession, 161-163 161-163 Toombs, Robert, Toombs, Robert, 160 160 Troy, Troy, 172-173, 172-173, 178-180 178-180 Tryon, 61, 72-73 Tryon, William, William, 61, 72-73 Tucker, Tucker, St. St. George, George, 16 16 Virgil, Virgil, 9, 9, 149, 149, 172-173 172-173 Voegelin, Eric, 31, Voegelin, Eric, 31, 107 107 War 153-167 War Between Between the the States, States, 24, 24, 97, 97, 153-167 Warren, Warren, Robert Robert Penn, Penn, 31 31 Washington, Washington, George, George, 14-15, 14-15, 164 164 Watson, Watson, Tom, Tom, 22, 22, 74 74 Weaver, Richard, 77 Weaver, Richard,

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Weber, Weber, Max, Max, 181 181 Weed, Weed, Thurlow, Thurlow, 48-49 48-49 W illiam III, William III, 86 86

Winthrop, Winthrop, John, John, 196 196 Wright, Wright, Louis Louis B., B., 176 176 Yancey, Yancey, William William Lowndes, Lowndes, 158 158

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