Running Head: Liberties Set in the British Empire: Understanding the Origins and Application of 1

American Political Logic in the Colonies

Liberties Set in the British Empire:

Understanding the Origins and Application of American Political Logic in the Colonies

Taylor Smith

James Madison Memorial Fellowship Summer Institute

Liberties Set in the British Empire: Understanding the Origins and Application of American Political 2
Logic in the Colonies

In 1769, a British cartoonist crafted the engraving An Attempt to Land a Bishop for the

British Political Register illustrating a resentful mob pushing away an Anglican Bishop. This

image shows the mob throwing Calvinist works at the Bishop uttering their proclamations of,

No Lords Spiritual or Temporal in New England, and that, Shall they be obliged to maintain

Bishops that cannot maintain themselves, thus demonstrating a Calvinist and colonial rejection

of British religious control of the colonies. Additionally striking are the colonists waving the

works of John Locke and Algernon Sydney, along with the phrase, liberty and freedom of

Conscience. This particular phrase shows the Reformed Protestant beliefs that shaped the

contentions that many colonists regarded as the fears of Anglicization in Americathat the

subversion of religious liberty threatened colonists individual freedom of thought (Political

Register, pp.271).

Although this engraving presents a British point of view of how Americans framed their

political thoughts with religious morals, it pays tribute to an important consideration in

discerning the rights and their sources, and the political logic of the founders. Prior to the

creation of the Constitution, Americans and their leaders constructed a political logic for the

purpose of appealing to and creating a vision for their understanding of the governments

purpose. However, this political logic preceded the Revolutionary Era, as the norms rose out of

Western civilizations of antiquity. The constitution-making process was seemingly an age-old

quest for a procedural and institutional arrangement that best preserved liberty as understood

by the communitywhile legitimizing the laws through writing and definition as a means to

protect against tyranny (Belz, p. 333).

Liberties Set in the British Empire: Understanding the Origins and Application of American Political 3
Logic in the Colonies

The Declaration of Independence became the vehicle for mobilizing political logic of the

Revolutionary era through its religious language and inclusion of Enlightenment understandings

that acknowledge the existence of a deity. Although rhetorically necessary for the purposes of

appeal, the Declaration of Independence displays an understanding of constitutionalism as a

means for preserving the liberties of inhabitants through the procedural craft that creates a rule of

law through a legally binding document. Therefore, according to Herman Belz, the adoption of a

federal Constitution was a decisive shift toward protection of individuals (Belz, p. 334). This

shift was rooted in the political logic outlined in the Declaration of Independence that displays a

belief in ancient teachings of procedure and purpose, as well as enlightened understandings of

social contracts that preserve the rights and liberties of citizens. Despite the idiosyncratic nature

of written law presented by the Constitution, the shaping of American jurisprudence is rooted in

the rights that are not unique to the American political logic, as they are derived from a variety of

classical, enlightenment, and religious works. This frame of thought was necessary for

preserving the ideals of an empire that Americans embraced through divine fellowship with a

government that preserves liberty, natural rights, and the balance of government that ultimately

protects against tyranny.

Religiosity of Political Thought

As regarded in the Declaration of Independence, the appeal to reformed Protestantism is

present through the mention of the Laws of Nature entitled to humans through Natures God.

Here, the work of Thomas Jefferson and his collaborators assert the notion of mans natural right

in deeming a government unjust when the ruling party becomes a tyrannical regime that works

contrary to the Protection of Divine Providence. While many phrases align with a Christian

ethos, colonists evidently demanded rights rooted in the religious rhetoric of the Revolutionary
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 4
Logic in the Colonies

Era, thus they acknowledged the potential inspiration for the several references to sacred and

divine authorities mentioned in the call for independence is imperative (Jefferson, pp. 298-300).

Parallels of the religiosity of American political logic occur within John Witherspoon's

remarks on The Dominion of Providence over the Passions of Men. Witherspoon quotes Psalms,

which he believed demonstrated that the fury and injustice of oppressors created an

understanding of the influence of thy righteous providence (Witherspoon, p. 212). This

understanding is related to the Declarations call for self-evident truths that all men obtain

through the [endowment of] their Creator; meaning that through the work of Natures God,

man uses his reason to uphold liberty (Jefferson, pp. 298-300). Thomas Jefferson is clearly

drawing upon similar ideas that John Witherspoon held: that the ambition of menself-interest

motivated by mans passionmust balance the ambition of others, including an oppressive King,

for the purpose of limiting tyranny. Moreover, Witherspoon is speaking towards the conditions in

the colonies with the convictions that the experiences have a powerful influence in leading men

to consider the presence and the power of God (Witherspoon, p.215). This demonstrates a belief

that salvation of individual souls depends on the consideration of whether or not those in the

colonies will continue in liberty or in bonds. The Declaration of Independence, therefore,

appealed to the convictions and will of the colonists to preserve the natural law by relying on the

Protection of Divine Providence, which is a protection derived from the just and pure

principles established in the Revolutionary cause (Witherspoon, p.221; Jefferson, pp. 298-300).

Furthermore, the foundersin their belief of natural lawregarded humans as beings

that are equipped with a moral reasoning that is invested upon us by a Deity, enabling a

reasoned mind that can discern the difference between right and wrong, truth and falsehood

[and] good and evil. Samuel West, as represented through Thomas Jeffersons reference to self-
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 5
Logic in the Colonies

evident truths, stated this belief, on the dawn of independence. That being said, the belief of

men being endowed by their Creator echoes Wests sermon that men are the subjects of divine

law and government, and that the Supreme judge of the world is what West considered the

supreme magistrate. When referring to the laws of nature, Jefferson conveyed an

understanding outlined by West as a realm where men use right of reason, when promoting the

general good. For example, West argues that man becomes a slave when he is guided by

passion, and that the law of nature acts as a standard for ensuring a state of righteousness

(West, pp. 228-231; Jefferson, pp. 298-300). Therefore, the ideas that are derived from Wests

sermon demonstrate that reformed Protestant Christianity heavily influenced the rights claimed

in the Declaration of Independence.

American Republicanism and its roots in Antiquity and Enlightenment

American Constitutionalism and political logic began upon colonial settlement when the

English colonists created political institutions that relied heavily on written documents. These

documentsoften chartersgranted specified power to settlers and further inspired the adoption

of succeeding acts, laws, and frames for political institutions. The structure of government in

America not only preceded the Revolutionary Era, but long-held traditions inspired a customary

process for preserving liberty through written procedures and structure of government (Belz, p.

336). Likewise, Rome of Cicero called for an efficient government that committed to Republican

ideals through the virtue of man. Equally important is the contextualization of Ciceros beliefs

during a time when Greek Stoicism argues for an understanding of a universe that is rationally

ordered; thus implying that human institutions should model the immanent. For example, when

condemning the actions of Verres in his prosecution, Cicero speaks illustratively of a man who

acted through indulgent passion while the citizens of the Republic suffered the pollution of his
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 6
Logic in the Colonies

vice. Cicero states that he shall act in concert with it in matters concerning the republic. This

demonstrates a belief in a Republic that embraces a universal citizenship where the individual is

committed to the good of his Republic. Cicero further claims that his prosecution of the

indignant actions of Verres is an honorable promise to uphold his duty of civil service. This

virtuous nature, and the belief in checking the passions of men, is a central idea of American

political logic; the idea that all men are created equal and are entitled to life, liberty, and the

pursuit of happiness through actions that necessitate the value of civil service in preserving

these rights (Cicero, pp. 85-87; Jefferson, pp.298-300).

As argued by Herman Belz, Republicanism is a government that relies on the consent of

the governed and is the root of American political logic. This means that sustaining a republic

requires a constitution that structures a government that is mixed and balanced, and depends on a

popular authority. In this regard, the American political logic warranted a social contract that

preserves liberty through a system that checks the powers of the government. These

enlightenment ideals are derived from the British Enlightenment, as well as the historical

experiences with English Common Law. For example, Baron de Montesquieu claims that in a

democracy the people are the sovereign, while in an aristocracy they are the subjects. With this,

the ultimate check on governmental power is the consent of the governed through the act of

suffrage. Although Montesquieu does not discuss the role of a judiciary or magistrate in this

essay, the inspirations of American Republicanism are present in his discussion of the consent of

the governed being the means of an effective democracy. Montesquieu, therefore, believed that

through representation of publicly elected officials, laws are tried and voted upon before being

fully enacted. Thus, through popular sovereignty and actual representation, the consent of the
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 7
Logic in the Colonies

governed establishes a republican society where many can express civic virtue by selecting

individuals that uphold their responsibilities of public service (Montesquieu, pp. 66-67).

Furthermore, David Hume discussed his idea that the Original Contract of a republic

must uphold the universal laws of nature, even if this means that the contract no longer retains

any authority due to antiquated understandings. That being said, Hume presents the idea that

when the governed see that the voluntary compact is too old for the present generation, it is

left to their discretion to adopt laws and procedures they see fit. Seemingly, American political

logic aligns with the values that Hume built upon, with inspiration from John Locke and the

belief that man is bound by the laws of nature to uphold moral duties and obligations, while

providing unlimited freedom or dominion over others (Hume, p.74; Locke, pp. 137-140). The

consent of the governed is therefore crafted through the acknowledgement of the equality of

man, as their minds are not fixed upon birth. In other words, Hume believed that liberty is

obtained and preserved through the consent of the governed once man is fully reasoned

(educated), thus recognizing their civic potential, virtue, and obligations of upholding the laws of

nature (Hume, pp.68-69).

Unique Placement in the Empire

Upon the conclusion of the Seven Years War, colonists, including Governor Francis

Bernard, regarded British authority as a necessity for restoring law and order in the colonies. The

colonies needed a strengthening of Imperial authority for clearing the ambiguities regarding

colonists constitutional rights following the Glorious Revolution of 1688, especially because

Bernard regards the Kings sovereignty as one which is placed within king-in-parliament

(Greene, p. 8). His proposals outlined in the Blueprint for Reform, rest on the notion that the

kingdom of Great Britain is Imperial; that is, Sovereign and not subordinate to or dependent
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 8
Logic in the Colonies

upon any earthly power. Bernards acknowledgement of Parliaments sovereign rule within

Imperial dominions supports the contention that colonists are responsible for funding the taxes

levied by Parliament for the defense of the colonies. Furthermore, regarding the issue of taxation,

colonists were not unwilling to allow for Britains tools to protect the colonies, but they were

mostly concerned with the historical precedents that these taxes might have set. The issue thus

concerned nature of the taxation since it appeared that Parliament was utilizing taxes to raise

revenue for the special interests of the government, rather than the common good of the people

the colonists (Greene, Bernard, p. 9).

However, as argued by James Otis, Parliaments supreme authority in the colonies

concerted that the only way that the colonists could address the unconstitutional measures was

through a petition to Parliament to correct their wrongdoings (Greene, Otis, pp. 26-27). James

Otis of Boston claims that the rights of the British colonies are indistinguishable from that of the

entire empire. For example, Otis states that the colonists have an, equitable right...to be

represented in parliament, or to have some new subordinate legislature among themselves,

demonstrating that the Americans held a significant placement within the British Empire. Otiss

contentions display a belief that all British subjects were entitled to the natural rights practiced

throughout the British common law; the reason being, these are rights ordained by God, and

legislative or monarchical supremacy over subjects, without consent of the governed, runs

contrary to the belief that the laws are upholding their natural order: protecting the good of the

people (Greene, Otis, pp.28-33).

With this, James Otiss notions about the consent of the governed and placement of

American colonists within the British empire provide an understanding of how many Americans

viewed their placement within the Empire, as well as how the government should serve the
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 9
Logic in the Colonies

common good (Greene, Otis, pp.28-33). Therefore, within the British Empire, Americans

believed that they lived within a fixed English constitution and that Parliament could not alter the

fundamental and traditional laws that were derived from the laws of nature. Thus, American

Constitutionalism and the political logic of the founding are present through the institutions and

rules of the government (Belz, pp. 336-337).

When closely examining the Declaration of Independence, the American political logic of

the Revolutionary era is brought to light. The religious language and the defining of natural law

acknowledge the American understanding of reformed Protestantism. With an understanding of

these laws, the right to resist tyranny, and the supremacy of the Creator, a written document as a

means to preserve liberty is necessary. However, the ideas of the colonists were not unique to the

time period as many of the thinkers and writers of the time relied heavily on works from the

Protestant Reformation, antiquity, and the British Enlightenment.

Understanding that the colonists believed that they brought the rights of the Empire with

them across the Atlantic is imperative. This notion sheds light upon conditions of relationships

developed between the Colonies and the British Parliament prior to the Revolution, resulting in

an understanding of developed to rely on the consent of the governed to uphold the laws of

nature. The colonists ultimately possessed a belief that they held a place in the British Empire.

Additionally, they recognized the need for a split when tyranny became evident in the form of

unbalanced rule and an unequal application of the law. Although the Political Registers 1769

engraving of a colonial mob presents a chaotic scene, the reality in the minds of patriots rested

heavily on the idea that the British Empire no longer served the common good of the people,

resulting in an exertion of force to battle the infidelities of a tyrant (Political Register, p. 271).
Liberties Set in the British Empire: Understanding the Origins and Application of American Political 10
Logic in the Colonies

Works Cited

Belz H. (1988). Constitutionalism and the American Founding. The Framing and Ratification
of the Constitution. New York: Macmillan Publishing Co., 333-354.

Bernard, F. (1764). Blueprint for Reform. Jack P. Greene. Colonies to Nation 1763-1789:
A Documentary History of the American Revolution. New York: W.W. Norton &
Company, 1975.

Hume, D. (1748). Of the Original Contract.

Jefferson, T (1776). The Declaration of Independence. Jack P. Greene. Colonies to Nation 1763-
1789: A Documentary History of the American Revolution. New York: W.W. Norton &
Company, 1975.

Locke, J. (1690). Second Treatise on Civil Government.

Montesquieu, B. (1748). Spirit of the Laws. London: T. Evans, 1777. 4 vols. Vol 1.

Otis. J (1764). The Rights of the British Colonies Asserted and Proved. Jack P. Greene.
Colonies to Nation 1763-1789: A Documentary History of the American Revolution.
New York: W.W. Norton & Company, 1975.

Plutarch, C. (70 B.C.) The First Oration Against Verres. Lives of the Noble Grecians and
Romans. Online Library of Liberty.

Political Register (1769). An Attempt to Land a Bishop.

West S. (1776). On the Right to Rebel Against Governors (Election Day Sermon) Charles S.
Hyneman, American Political Writing During the Founding Era: 1760-1805, vol. 1,
1983.

Witherspoon, J (1776). The Dominion of Providence Over the Passions of Men. Ellis Sandoz,
Political Sermons of the American Founding Era, 1991.