The Inclusive Declaration of Independence and the Founding of America

The Fourth of July celebrates the United States of America and its birth, but with our current mood many only want to point out the country’s current and historical shortcomings. Every Fourth, I urge all to read the Declaration of Independence, and in doing so, it is natural to focus on the multiple ironies of its most famous phrase: “all Men are created equal.” However, as we know, in eighteenth century America, women, Native Americans, and indentured servants were not seen as equal. And, of course, slaves were not equal. Any fair assessment of our history acknowledges, as Thomas E. Ricks states in First Principles: What America’s Founders Learned from the Greeks and Romans and How That Shaped our Country (2020), that slavery was not a “stain” on the country; it was woven into the original fabric. And that weft and warp made the celebration of liberty painful to many Americans throughout our history, which was perhaps most powerfully stated by Frederic Douglass on July 5, 1852. Just as the Declaration should be regularly read, so too should this speech. (Africans in America/Part 4/Frederick Douglass speech (pbs.org.)

The Fourth of July is our birthday, however. Some might temper a child’s birthday celebration with a discussion of the child’s shortcomings, but I would hope that the major thrust of the party is, in fact, to celebrate the kid. We should be realistic in assessing our country, but there has always been much to celebrate, and the Fourth is a time of celebration. Because it is so easy to mock the Declaration’s equality statement, it is too easy to overlook the many ways that in its founding the country also furthered egalitarianism and inclusiveness.

We know many of the Declaration’s phrases—“When in the Course of human Events”; “they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness”; and others. But we often miss something about the tenor of the Declaration as a whole. There are no classical allusions or references. By eighteenth century standards, the language is simple. The document was not written for the elite peers of those who signed the document but for a wide swath of what were to become Americans.

Its logic demanded an inclusive appeal. The Declaration asserts that a government derives “their just Powers from the Consent of the Governed” not from the Divine Right of Kings. It declared “the Right of the People” to change government. The Declaration with these contentions could not just be addressed to an elite, aristocratic audience. It +was not directed to the enslaved, but it was seeking the approval of almost everyone else—the farmer, the joiner, the tavern owner, the schoolteacher, the sailors, the ship captain, the log splitter, and yes, the slave owner and trader. For an eighteenth-century document, its intended audience was remarkably inclusive.

The notion of the consent of the governed was a radical, egalitarian break from America’s English roots, and the emerging country’s conception of “the people” was much broader than almost anywhere else in the world. This is reflected in who could vote. Today we note the shortcomings of a franchise limited to propertied white males, but we seldom consider, as Jill Lepore does in These Truths: A History of the United States (2018), that a higher percentage of people could vote in the colonies than in England. The franchise was narrow by modern standards, but it was broad for its time.

Part of the reason for the inclusiveness of the Founding Era’s America was the high rate of literacy among its people, perhaps the highest of any country of its times. The seventeenth-century Pilgrims, Puritans, and others who settled here held beliefs that rejected an authoritarian church. They believed that the eternal truths came from the Bible, not from an authoritarian church, and, therefore, it was important that people could read the Holy Book. Literacy was stressed as well as the ability of each person to reason. Jefferson and the others may have expected that the Declaration would be read out to those assembled in taverns and inns, but they also knew that many people would read it for themselves, and all were expected to think and reason about the document, which led to its inclusive appeal to the people.

The Declaration did mention “the Laws of Nature and of Nature’s God,” and the signers said that they had acted with “a firm Reliance on the Protection of divine Providence,” but it did not beseech God, a god, or Jesus Christ for independence. Just as some only criticize the Declaration for its hypocrisies without recognizing its advances, some focus on the listing of God and divine providence and conclude erroneously that the Declaration was an act of religious faith, or, more particularly, the signers’ Christianity. But these references, which include the almost pagan formulation of “Nature’s God,” were not invocations of any particular divinity to grant them a new country. Government depended on the consent of the governed, not on divine will, and the appeal was to the people, not to some version of God. The Declaration’s wording was inclusive; it did not exclude any particular believer or any nonbeliever from its ambit. It rejected the too-often divisiveness of religion and relied on the reason of the people.

This lack of a religious appeal is not surprising. Thomas Ricks shows in First Principles that neither Christianity nor any other religious influence was prominent in the Revolutionary period. This only began to change in 1815. He reports that there was one minister for every 1500 people in 1775 America while there was one for every 500 by 1845. Scott L. Malcomson writes in One Drop of Blood: The American Misadventures of Race that in 1790 only one in ten white Americans was a member of a formal church. Jill Lepore in These Truths agrees that the country was founded in one of its most secular eras.

Of course, slavery existed throughout the country when the Declaration of Independence was signed, and we should not forget how that institution shaped our country. Nevertheless, for their time, the Founders also created an egalitarian and inclusive government in ways we now seldom appreciate. For example, unlike many of the state and foreign governments of the time, the United States had no property qualifications to hold office. In an era when they were common, no religious tests were required for holding office. And we seldom notice that the new country paid its officials. Many governments did not, so only the rich who could afford to be uncompensated could hold office. Unlike in other countries, all whites, or at least all white males, could hold office.

The new country also broke from history and the practices of most countries by having no hereditary offices. A formal aristocracy died in the United States. Revolutionary America also moved to a more equal society by repealing primogeniture laws, which dictated that the firstborn male child would inherit his parent’s entire estate. This extraordinarily egalitarian reform, whose importance is seldom noticed today, was led by Thomas Jefferson in Virginia.

A related change in property law was also happening during this time. Under English law, aliens could buy property, but they could not inherit it. Aliens could sell the land they owned, but they could not grant it in a will. Instead, on death, an alien’s property went to the state. Revolutionary America began to repeal such inegalitarian laws, helping to make the country more inclusive and prosperous.

The country’s first naturalization law had some of the same characteristics as the Declaration of Independence. It showed simultaneously both racial restriction and social inclusiveness. The law limited naturalization to free, white citizens who had lived in the country for two years. We, of course, notice that nonwhites were excluded. (“Free” meant indentured servants could not be naturalized until they completed their periods of indenture.) Blacks could not be naturalized until 1870, and other nonwhites could not be naturalized until well into the twentieth century. There was no legal definition of whiteness. When areas of Mexico became part of the United States in the early1850s, the former Mexicans of those lands were made citizens, and there was an implicit recognition that they were white. The Supreme Court dealt with whiteness and naturalization several times and concluded that Asians and South Asians were not white but that Syrians and Armenians were. In 1922 the Supreme Court held that a high caste Sikh was neither white nor black and could not be naturalized. He had fought for this country in World War I.

However, in addition to noting the racial restriction, we should also consider the inclusiveness of this law. It did not impose a property requirement for citizenship. The rich and the not rich could become citizens. Aristocratic origins did not matter. There was the racial limitation, but no national origin requirement. There was no religious test. At a time when Catholics could not hold office in England and Jews could not become citizens in many places, they could in the United States.

We should keep both racial restrictions as well as these inclusions in mind when we consider this country’s origins. The founding era accepted an institution whose ramifications have troubled us throughout our history, but it also gave us foundations for much of what is good in this country.

I am sure that some will mostly criticize America on the Fourth, which is their right. And I am sure that some will call such critics unpatriotic, which is their right.

Patriotism has often been a contentious concept. Vicksburg, Mississippi, offers an example of its fragility. Exactly four score and seven years ago to the day after the signing of the Declaration of Independence, confederate General John C. Pemberton surrendered Vicksburg to American General Ulysses S. Grant after a forty-seven–day siege. This was certainly one of the most important actions of the war because it gave control of the Mississippi River to the Americans and severed the confederacy.

Thus, July 4, 1863, was another Fourth of July for patriotic Americans to celebrate, but Vicksburg didn’t see it that way. The town did not honor the Fourth of July for the next eight decades. They continued to identify as confederates, not as Americans. Vicksburg simply ignored Independence Day until after World War II when General Dwight Eisenhower visited the town on the Fourth. Even so, Vicksburg did not want to celebrate the United States. It called the celebrations during Eisenhower’s visit a “Carnival of the Confederacy,” a title I am told that was dropped only when the country and Vicksburg celebrated the Bicentennial in 1976. I’m not sure what to make of their tenacious grasp of a different brand of “patriotism.” I guess I’m just glad that they finally celebrate along with the rest of us.

And I hope all Americans can find something to celebrate this Fourth of July.

The Inclusive Declaration of Independence and the Founding of America (concluded)

          Of course, slavery existed throughout the country when the Declaration of Independence was signed, and we should not forget how that institution shaped our country. Nevertheless, for their time, the Founders also created an egalitarian and inclusive government in ways we now seldom appreciate. For example, unlike many of the state and foreign governments of the time, the United States had no property qualifications to hold office. In an era when they were common, no religious tests were required for holding office. And we seldom notice that the new country paid its officials. Many governments did not, so only the rich who could afford to be uncompensated could hold office. Unlike in other countries, all whites, or at least all white males, could hold office

The new country also broke from history and the practices of most countries by having no hereditary offices. A formal aristocracy died in the United States. Revolutionary America also moved to a more equal society by repealing primogeniture laws, which dictated that the firstborn male child would inherit his parent’s entire estate. This extraordinarily egalitarian reform, whose importance is seldom noticed today, was led by Thomas Jefferson in Virginia.

A related change in property law was also happening during this time. Under English law, aliens could buy property, but they could not inherit it. Aliens could sell the land they owned, but they could not grant it in a will. Instead, on death, an alien’s property went to the state. Revolutionary America began to repeal such inegalitarian laws helping to make the country more inclusive and prosperous.

The country’s first naturalization law had some of the same characteristics as the Declaration of Independence. It showed simultaneously both racial restriction and inclusiveness. The law limited naturalization to free, white citizens who had lived in the country for two years. We, of course, notice that nonwhites were excluded. (“Free” meant indentured servants could not be naturalized until they completed their periods of indenture.) Blacks could not be naturalized until 1870, and other nonwhites could not be naturalized until well into the twentieth century. (There was no legal definition of whiteness. When areas of Mexico became part of the United States in the early1850s, the former Mexicans of those lands were made citizens, and there was an implicit recognition that they were white. The Supreme Court dealt with whiteness and naturalization several times and concluded that Asians and South Asians were not white but that Syrians and Armenians were. In 1922 the Supreme Court held that a high caste Sikh was neither white nor black and could not be naturalized. He had fought for this country in World War I.)

However, in addition to noting the racial restriction, we should also consider the inclusiveness of this law. It did not impose a property requirement. The rich and the not rich could become citizens. Aristocratic origins did not matter. There was the racial limitation, but no national origin requirement. There was no religious test. At a time when Catholics could not become citizens in England and Jews could not become citizens in many places, they could in the United States.

We should keep both racial restrictions as well as these inclusions in mind when we consider this country’s origins. The founding era accepted an institution whose ramifications have troubled us throughout our history, but it also gave us foundations for much of what is good in this country.

I am sure that some will mostly criticize America on the Fourth, which is their right. And I am sure that some will call such critics unpatriotic, which is their right.

Patriotism has often been a tenuous concept. Vicksburg, Mississippi, offers an example of its fragility. Exactly four score and seven years ago to the day after the signing of the Declaration of Independence, confederate General John C. Pemberton surrendered Vicksburg to American General Ulysses S. Grant after a forty-seven–day siege. This was certainly one of the most important actions of the war because it gave control of the Mississippi River to the Americans and severed the confederacy.

Thus, July 4, 1863, is another Fourth of July for patriotic Americans to celebrate, but Vicksburg didn’t see it that way. The town did not honor the Fourth of July for the next eight decades. They continued to identify as confederates, not as Americans. Vicksburg simply ignored Independence Day until after World War II when General Dwight Eisenhower visited the town on the Fourth. Even so, Vicksburg did not want to celebrate the United States. It called the celebrations during Eisenhower’s visit a Carnival of the Confederacy, a title I am told that was dropped only when the country and Vicksburg celebrated the Bicentennial in 1976. I’m not sure what to make of their tenacious grasp of a different brand of “patriotism.” I guess I’m just glad that they finally celebrate along with the rest of us.

And I hope all Americans can find something to celebrate this Fourth of July.