More than just a Declaration of Independence

July 4 is a day of celebration in the United States, it is the anniversary of the Declaration of Independence, even though the actual vote for Independence took place two days before (July 2, 1776: The United States decides to Declare Independence). It is noted as the day the United States declared it will decide its own course, make its own rules, govern itself and would no longer hold or honor any allegiances to Britain or its crown. This was done with a magnificent piece of work written primarily by Thomas Jefferson with the assistance of  Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman (June 11, 1776 the Committee of Five), the Declaration of Independence.

Besides declaring, “That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES” dissolving the bonds between the United States and Great Britain, the Declaration states so much more, on the nature or power, the role of government and rights of the people. These declared principles in regards to each, will have a direct influence on the structure and power in the Articles of Confederation and Constitution (Declaration of Independence influence on the Constitution).

July 2, 1776: The United States decides to Declare Independence

July 4th is the day Americans celebrate the Declaration of Independence, but it was two days earlier on July 2, 1776 that the Second Continental Congress actually voted to declare Independence.

Independence had been debated in June 1776, and June 11th it was decided to postpone a vote until July 2, 1776 in order for states to ensure they favored such a vote. Also on June 11, 1776 the Committee of Five was formed, consisting of Thomas Jefferson,  John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston, to draft up a Declaration of Independence.

On July 2, 1776 debate proceeded and a vote for independence took place. The Continental Journal recorded the following in that day's session of the Continental Congress¹ (emphasis added).

The Congress resumed the consideration of the resolution agreed to by and reported from the committee of the whole; and the same being read, was agreed to as follows:

Resolved, That these United Colonies are, and, of right, ought to be, Free and Independent States; that they are absolved from all allegiance to the British crown, and that all political connexion between them, and the state of Great Britain, is, and ought to be, totally dissolved.

Agreeable to the order of the day, the Congress resolved itself into a committee of the whole; ∥and, after some time,∥ the president resumed the chair. Mr. [Benjamin] Harrison reported, that the committee have had under consideration the declaration to them referred; but, not having had time to go through ∥the same,∥ desired leave to sit again:

The Committee of Five had yet to finish a final draft, and requested leave to sit and finish their work, but the decision was made, Independence from Great Britain had been decided. No fanfare or celebration followed, only the orderly business of the rest of the day. However, it was not lost on these men what they had done, they became traitors to the crown punishable by death, but they knew they sewed the seeds for an entirely new way of government, self government man would not rule man, man would rule himself.

On July 3, 1776 John Adams wrote to his wife Abigail a letter and wrote the following;

Yesterday the greatest question was decided, which ever was debated in America, and a greater, perhaps, never was or will be decided among Men. A resolution was passed without one dissenting colony "that these United Colonies are, and of right ought to be, free and independent states, and as such they have, and of right ought to have, full power to make war, conclude peace, establish commerce, and to do all the other acts and things which other states may rightfully do." You will see in a few days a declaration setting forth the causes which have impelled us to this mighty revolution and the reasons which will justify it in the sight of God and man. (morning letter)²

The second day of July, 1776, will be memorable epocha in the history of America. I am apt to believe that it will be celebrated by succeeding generations, as the great Anniversary Festival. It ought to be commemorated, as the day of deliverance by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp, shews, games, sports, guns, bells, bonfires and illuminations, from one end of the continent to the other, from this time forward forever. (evening letter)²

John Adams was right, the day of Independence would in fact be a day of celebration with, "with pomp, shews, games, sports, guns, bells, bonfires and illuminations, from one end of the continent to the other". John Adams only had the actual date wrong, the day the final draft of the Declaration of Independence was approved resulting in that day being penned on the document.

But make no mistake, it was this day July 2, 1776 the Founding Fathers in the Continental Congress decided to Declare Independence, the die was set. The United States was born, as it decided to cut off it bonds with Great Britain and set their own path and future for themselves.

 

 

 

 

1: http://memory.loc.gov/cgi-bin/query/r?ammem/hlaw:@field(DOCID+@lit(jc00523))

2: http://www.founding.com/founders_library/pageID.2145/default.asp

British Tyranny, the Fifth and Sixth Amendments, The Origins of the Bill of Rights (Part 4:)

Unlike the first four amendments, the Fifth and Sixth Amendment is constructed of numerous parts. The First Amendment also contained several aspects, but is centered on protecting freedom of expression, and government interference in the right of conscience. Both the Fifth and Sixth Amendments are designed to protect the rights of a person accused of committing a crime, however the Fifth Amendment includes a clause concerning eminent domain.

Many of the aspects of both Fifth and Sixth Amendments have direct ties to tyrannical practices of the British during Colonial rule, just as the other amendments in the Bill of Rights. The lack of due process in Colonial times has a long history and affects more than just the Fifth and Sixth Amendments. The lack of due process also is apparent in the Fourth Amendment as a result of the Writ of Assistance to broad unspecific search warrants (The Origins of the Bill of Rights (Part 3: British Tyranny, the Fourth Amendment)).

What are the Federalist Papers?

I'm sure most, if not all of you have heard of the Federalist Papers, and most probably know they deal with and talk about the Constitution. But beyond that I find fewer people know what the Federalist Papers are.

After the Convention of 1787, also known as the Constitution Convention, the future of the proposed Constitution was anything far from certain. In fact, the future of the drafted Constitution was very much in doubt, and had fierce opposition from the outset, including from delegates who participated in the Convention. Some states were fairly quick to ratify the Constitution in their respective State Conventions, but several, including New York were not so fast to act.

The Constitution required nine States to ratify it, to cause it to go into effect for those states that ratified, meaning it could take just five State to reject it and prevent it implementation. The times were desperate for the young nation, the Articles of Confederation were failing (Why the Articles of Confederation failed) and without the problems under the Articles of Confederation fixed, the economy, dignity and governments of the United States would almost certainly fall. The proposed Constitution was written to address these issues and complete the American Revolution.

Original Argument (Quick Thoughts)

I really do not like endorsing or encouraging people to purchase things, I would prefer them to choose on their own, and most references I use are free on the public domain. But this one I will, Glenn Becks "Original Argument".

This book takes the Federalists or more commonly called "The Federalist Papers" and adapts them from the 18th Century to the 21st Century. The Federalists were written by James Madison, John Jay and Alexander Hamilton from 1787-1788 to the people of New York in support of the proposed Constitution. This was the first and original complete argument for the Constitution from beginning to end.

Two of the three authors, James Madison and Alexander Hamilton were delegates and signers at the Constitution Convention of 1787. John Jay were New Yorkers while Madison was from Virginia and was asked by Hamilton to assist in this project. They used the pseudonym "Publius" in their writings to the people of New York, with 85 essays being printed over the course.

The Federalists explained the Constitution, its objectives, what the meaning of nearly every part was meant to be, what powers belonged to what body, the Federal or State Governments or the People. They countered arguments against the Constitution, and in the end helped persuade the New York Convention to ratify the Constitution on July 26, 1788.

The Federalists are one of the most important pieces in understanding the Original Intention AND Meaning of the Constitution during the era of ratification and the granting of power to form this Federal Government. Various papers and resources exist from the era which also contribute, but perhaps none are more widely known than those of the Federalists. They are cited in Supreme Court opinions, are cited by scholars, historians and Constitutionalists. Even though written over 220 years ago, their value has not diminished, because very documents have such a direct and complete connection to the Constitution and what it meant to the people, then the writings of the Federalists.

But the contemporary problem with the Federalist Papers is to fully understand them, it requires a lot of cross referencing or prior knowledge to understand some of their analogies or how they relate them to certain situations. With out understanding all these parts, some of the argument can easily be lost and even confusing.

This book takes the Original Argument, and adapts it using today's references and language so the cross referencing and prior knowledge is not as required, but the goal is the same. It makes the argument for supporting the Constitution as it was understood in the 1780's. This is a good read, but do not substitute it for not reading the actual Federalists, use it as a companion, and make up your own mind if the Original Argument was correct.

Amazon link to the Book

http://www.amazon.com/Original-Argument-Federalists-Constitution-Adapted/dp/1451650612