§ 260] THOMAS PAINE'S "COMMON SENSE

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front. Then, in January, 1776, came Thomas Paine's daring and trenchant argument for independence in Common Sense. This fifty-page publication, in clarion tone, spoke out what the community hailed at once as its own unspoken thought. One hundred and twenty thousand copies sold in three months,one for every three families in America.

At first the author's name was not given, and the booklet was commonly attributed to one of the Adamses or to Franklin. Paine was a poor English emigrant, of thirteen months before, whom Franklin had befriended for the "genius in his eyes." A few lines may represent his terse style.

By

"The period of debate is closed. Arms. must decide. referring the matter from argument to arms, a new era in politics is struck. All plans prior to the nineteenth of April are like the almanacs

of last year.

66

...

Where, say some, is the king of America? I'll tell you, friend. He reigns above, and doth not make havoc of mankind, like the royal brute of Britain. .. A government of our own is our natural right. . . . Freedom has been hunted round the globe. Asia and Africa have long expelled her. Europe regards her like a stranger; and England has given her warning to depart. O, receive the fugitive and prepare in time an asylum for mankind."

260. Meantime, the growth of independent State governments was going on. Several colonies had applied to Congress for counsel, in the disorders of the fall of 1775. In reply, Congress "recommended" the provincial convention of New Hampshire "to call a full and free representation of the people . . . [to] establish such a form of government as in their judgment will best produce the happiness of the people and most effectually secure peace and good order in that province, during the continuance of the present dispute between Great Britain and the colonies."

Under such advice, early in 1776, New Hampshire and South Carolina set up provisional constitutions. These documents, however, did not imply independence. They declared themselves temporary, and referred always to the commonwealths not as States, but as "colonies."

But May 15, 1776, Congress took more advanced action. It recommended the "assemblies and conventions" of all colonies, "where no government sufficient to the exigencies of their affairs hath been hitherto established, to adopt such a government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general." Two days later, in a letter to his wife, John Adams hailed this action (for which he had been the foremost champion) as "a total, absolute independence . . . for such is the amount of the resolve of the 15th."

261. One colony, however, had not waited for this counsel. The Fourth Virginia Convention met May 6, 1776, and turned at once to the questions of independence and of a constitution.1 The only difference of opinion was 2:- Should Virginia, standing alone, declare herself an independent State and frame a constitution for herself? Or should she try to get the Continental Congress to make a declaration and to suggest a general model of government for all the new States? Plans were presented, representing each of these views. On May 15, after much debate, the convention determined upon a middle plan. Unanimously it instructed its representatives in Congress to move immediately for a general Declaration of Independence there; and it appointed committees at once to draw up a constitution for Virginia herself as an independent State. This was done some days before the recommendation of Congress for State constitutions was known in Virginia.

The bill of rights (the first part of the constitution) was reported by the committee May 27, and adopted by the convention June 12. The "frame of government" was adopted June 29. To it at the last moment was prefixed a third part of the constitution, a declaration of independence for Virginia, earlier than the Continental Declaration (Source Book).

1 The student must get the connection with the story in § 257.

2 On May 10, Charles Lee wrote to Washington, "A noble spirit possesses the Convention. They are almost unanimous for independence, but differ as to the mode. Two days will decide."

§ 262]

VIRGINIA'S BILL OF RIGHTS

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262. The Virginia Bill of Rights 1 was the first document of the kind in our history, and it remains one of our greatest state papers. Three or four States at once copied it, and all the bills of rights during the Revolutionary period show its influence. Some provisions, such as those against excessive bail, cruel or unusual punishments, arbitrary imprisonment, and the like, go back to ancient English charters, even for their wording. Recent grievances suggested certain other clauses, the prohibition of "general warrants," the insistence upon freedom of the press, and the emphasis upon the idea that a jury must be "of the vicinage" (neighborhood).

More significant still, this immortal document opens with a splendid assertion of human rights. English bills of rights had insisted upon the historic rights of Englishmen, but had said nothing of any rights of man: they had protested against specific grievances, but had asserted no general principles. Such principles, however, had found frequent expression in English literature, and thence had become household phrases with American political thinkers. Now, these fundamental principles, upon which American government rests, were incorporated by George Mason in this Virginia bill of rights,—a fact which distinguishes that document from any previous governmental document in the world. Two or three weeks later, Jefferson incorporated similar principles, clothed in phrase both more eloquent and more judicious, in the opening paragraphs of the Continental Declaration of Independence. Among the principles of the Virginia document are the statements:

1 Source Book, No. 136. The class should study it (and the comment upon it there), and compare the opening passages with corresponding parts of Jefferson's Declaration of Independence.

2 Cf. Otis' words, close of § 217. About 1760, this same democratic English literature began deeply to affect a few French thinkers, like Rousseau, the prophet of the later French Revolution. These men stated the old English truths with a new French brilliancy; and it is sometimes hard to say whether the American leaders drew their doctrines from the French or the older English sources.

"That all men are by nature equally free 1 and independent, and have certain inherent rights.

"That all power is

...

"That government is, or ought to be, instituted for the common benefit of the people . . . and that when any government shall be found inadequate . . . a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it. . . .

"That no free government, or the blessings of liberty, can be preserved. . . but . . . by frequent recurrence to fundamental principles. ..That . . all men are equally entitled to the free exercise of religion, according to the dictates of conscience." 2

lements are indicated that whenever life liberty. & the purvuct of happiness; that to secure these s mor, deriving their just powers from the consent of state becomes destrutive of these enchs, it is the form of government right of the people to aller or to dolish it. & to institute new government, it's foundation on ruch principles &organising it powers in such form as to them shall most likely to effect their safety & happiness. prudence indeed, ORIGINAL DRAFT OF THE DECLARATION OF INDEPENDENCE, in the handwriting of Jefferson,-"written without reference to book or pamphlet." A photograph (reduced) from a facsimile in the Boston Public Library. 263. June 7, soon after the Virginia instructions of May 15 reached Philadelphia, the Virginia delegation in the Continental Congress moved that the united colonies be declared "free and in

1 According to Edmund Randolph, the phrase equally free was objected to as inconsistent with slavery. Such objectors were quieted with the amazing assurance that "slaves, not being constituent members of our society, could never pretend to any benefit from such a maxim." In Massachusetts, similar words in her bill of rights of 1780 were held by her courts to have abolished slavery within her limits, though that result was not thought of when the clause was adopted.

2 This last clause was moved by Patrick Henry.

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§ 264] THE DECLARATION, JULY 4, 1776 dependent States." Brief debate followed; but action was postponed, to permit uninstructed delegates to consult their Assemblies. Meantime, Congress appointed a committee to prepare a fitting "Declaration" for use if the motion should prevail. Happily it fell to Thomas Jefferson to pen the document; and his splendid faith in democracy gave it a convincing eloquence which has made it ever since a mighty power in directing the destiny of the world.

By July 1, all delegations except New York's had either received positive instructions to vote for independence or had at least been released from former restrictions against doing so; and the matter was again taken up. The first vote was divided; but on the next day (July 2) the motion for independence was carried by the vote of twelve States. The formal Declaration, reported by the committee, was then considered in detail, and adopted on July 4. On the 9th, a new (Fourth) Provincial Congress for New York gave the assent of that State.

Details for each State are given in West's American History and Government, § 150. The delegates from New York wrote home for instructions (June 10), but the Third New York Convention replied that it could not presume to give authority. A "Fourth Convention " was called at once, to act upon the matter. This was virtually a referendum. The new convention did not meet until July 9, and so the delegates from New York at Philadelphia took no part in the votes.

John Adams regarded the vote of July 2 as the decisive step. On the 3d of July he wrote to his wife: "The second day of July, 1776, will be the most 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 and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time foreward forever more."

264. Military events in '76 were indecisive. In the spring, after nearly a year's siege, Washington forced the English out of Boston; but he was unable to prevent their occupying New