The Declaration of Independence
It can be argued that the Declaration of Independence was either the product of a true revolution or the product of a series of evolutionary events in the thirteen colonies. Regardless of the point of view, it is regarded as the document that signaled the end of British colonial rule in the colonies and the beginning of democracy in the United States of America.
As you read the Declaration, you will see that Thomas Jefferson, who drafted the Declaration, followed the basic format for legal arguments used in the eighteenth century. Jefferson broke the Declaration into five distinct sections.
- The first paragraph is a general statement of intent to separate from England and set forth the basic rights of citizens.
- The second paragraph states the philosophical justification for separation. In this section, Jefferson used seventeenth- century English radical theorists such as John Locke (ìSecond Treatise of Governmentî) and Algernon Sidney to establish the theoretical basis for the right of citizens to overthrow their government. Jefferson set out to construct a legal argument that justified the separation from the English Crown to their fellow citizens in England, King George III, the other nations of the world, andólast, but not leastóthe colonial citizens who were all citizens of England.
- Property: As used in the eighteenth century, property included life, liberty, and estate. Today it is only related to estate.
- Alienable right: This is a right which you have that you can give up to another. An example is a car. You have an alienable right to own a car. You also have the right to sell the car to another. Certain of your alienable rights may be given up for the public good, as when we pay taxes.
- Inalienable right: These rights include life, liberty, and the pursuit of happiness. These are rights that all humans have from birth as described in natural law theory. These rights cannot be given up to others or taken by others. This term was spelled unalienable in the printerís version of the handwritten draft probably due to a typing error. Thomas Jefferson wrote inalienable in his draft.
- Usurpation: This is the taking away of alienable rights. For example, if you had a car and someone stole it, they would be guilty of usurpation of your alienable right.
- Tyranny: As used, this meant the taking away of inalienable rights, that is, taking away rights which no man (or king) has a right to take away.
- The third and longest part details the specific charges against King George III. Jefferson had to prove that King George III was a tyrant in order to justify the breaking away of the colonies from England.
- The fourth part (second to last paragraph) apologizes to the citizens of England for having to separate from them because of the actions of their rulers.
- The fifth part (last paragraph) restates the resolution introduced in the Second Continental Congress by Richard Henry Lee of Virginia on May 15, 1776.
Key to the Locke theory that Jefferson used in the second paragraph was the understanding of the terms property, alienable rights, inalienable rights, usurpation, and tyranny as used at that time.