Declaration – “it does not explain Jefferson’s much-debated deletion of ‘property’ “

More from Joseph Ellis’ book on Thomas Jefferson: American Sphinx: The Character of Thomas Jefferson. Again, here is the text of the Declaration to use for reference.

The most famous section of the Declaration, which has become the most quoted statement of human rights in recorded history as well as the most eloquent justification of revolution on behalf of them, went through the Continental Congress without comment and with only one very minor change. These are, in all probability, the best known fifty-eight words in American history: “We hold these truths to be self evident; that all men are created equal; that they are endowed by their Creator with certain [inherent and] inalienable Rights; that among these are life, liberty & the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” This is the seminal statement of the American Crered, the closest approximation to political poetry ever produced in American culture. In the nineteenth century Abraham Lincoln, who also knew how to change history with words, articulated with characteristic eloquence the quasi-religious view of Jefferson as the original American oracle: “All honor to Jefferson — to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecaste, and capacity to introduce into a merely revolutionary document, an abstract truth, and so to embalm it there, that today and in all coming days, it shall be a rebuke and a stumbling block to the very harbingers of reappearing tyranny and oppression.” The entire history of liberal reform in American can be written as a process of discovery, within Jefferson’s words, of a spiritually sanctioned mandate for ending slavery, providing the rights of citizenship to blacks and women, justifying welfare programs for the poor and exanding individual freedoms.

No serious student of either Jefferson or the Declaration of Independence has ever claimed that he foresaw all or even most of the ideological consequences of what he wrote. But the effort to explain what was in his head has spawned almost as many interpretations as the words themselves have generated political movements. Jefferson himself was accused of plagiarism by enemies or jealous friends on so many occasions throughout his career that he developed a standard reply. “Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing,” he explained, he drew his ideas from “the harmonizing sentiments of the day, whether expressed in letters, printed essays or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, etc.”

This is an ingeniously double-edged explanation, for it simultaneously disavows any claims to originality and yet insists that he depended upon no specific texts or sources. The image it conjures up is that of a medium, sitting alone at the writing desk and making himself into an instrument for the accumulated wisdom and “harmonizing sentiments” of the ages. It is only a short step from this image to Lincoln’s vision of Jefferson as oracle or prophet, receiving the message from the gods and sending it on to us and then to the ages. Given the creedal character of the natural rights section of the Declaration, several generations of American interpreters have felt the irresistible image to bathe the scene in speckled light and cloudy mist, thereby implying that efforts to dispel the veil of mystery represent some vague combination of sacrilege and treason.

Any serious attempt to pierce through this veil must begin by recovering the specific conditions inside that room on Market and Seventh streets in June 1776. Even if we take Jefferson at his word, that he did not copy sections of the Declaration from any particular books, he almost surely had with him copies of his own previous writings, to include Summary View, Causes and Necessities and his three drafts of the Virginia constitution. This is not to accuse him of plagiarism, unless one wishes to argue that an author can plagiarize himself. It is to say that virtually all the ideas found in the Declaration and much of the specific language, especially the grievances against George III, had already found expression in those earlier writings.

Recall the context. The Congress is being overwhelmed with military reports of imminent American defeat in New York and Canada. The full Congress is in session six days a week, and committees are meeting throughout the evenings. The obvious practical course for Jefferson to take was to rework his previous drafts on the same general theme. While it seems almost sacrilegious to suggest that the creative process that produced the Dedclaration was a cut-and-paste job, it strains credulity and common sense to the breaking point to believe that Jefferson did not have these items at his elbow and draw liberally from them when drafting the Declaration.

His obvious preoccupation with the ongoing events at the Virginia convention, which was drafting the Virginia constitution at just this time, is also crucial to remember. Throughout late May and early June couriers moved back and forth between Williamsburg and Philadelphia, carrying Jefferson’s drafts for a new constitution to the convention and reports on the debate there to the Continental Congress. On June 12 the Virginians unanimously adopted a preamble drafted by George Mason that contained these words: “All men are created equally free and independent and have certain inherent and natural rights …, among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.” The Pennsylvania Gazette published Mason’s words the same day they were adopted in Williamsburg. Since Jefferson’s version of the same thought was drafted sometime that following week, and since we know that he regarded the unfolding events in Virginia as more significant than what was occurring in Philadelphia and that he was being kept abreast by courier, it also strains credulity to deny the influence of Mason’s language on his own.

While that explains the felicitous phrase “pursuit of happiness”, which Mason himself could have picked up from several English and American sources, it does not explain Jefferson’s much-debated deletion of “property”, the conventional third right memorialized in Locke’s Second Treatise on Government. He made that choice on his own. He was probably aware that Mason’s language had generated spirited opposition from a segment of the planter class in Virginia who worried that it implied a repudiation of slavery; they insisted on an amendment that excluded slaves by adding the qualifying clause “when they enter into a state of society.” All this suggests that Jefferson was probably aware of the contradictions between his own version of the natural rights philosophy and the institution of slavery. By dropping any reference to “property” he blurred that contradiction. This helps answer the intriguing question of why no debate over the issue occurred in the Continental Congress, as it did in the Virginia convention. Perhaps the debate over the slave trade provision also served that purpose.

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