Guest Essayist: Jason Stevens


Our Commissioners | Office of the Texas Governor | Greg Abbott
Essay Read by Constituting America Founder, Actress Janine Turner

 

Eleven years before the Declaration of Independence, twenty-two-year-old Thomas Jefferson stood at the lobby door of the House of Burgesses in the colonial capital of Williamsburg, Virginia, listening intently to what he later described as a “most bloody debate.” For two days in May, the Burgesses exploded in debate over a series of controversial resolutions introduced by the young upstart Patrick Henry, condemning the 1765 Stamp Act and demanding its immediate repeal. More than half a century later, after he had witnessed all the great orators of his day, Jefferson reflected on hearing “the splendid display of Mr. Henry’s talents as a popular orator” during that furious debate. “They were great indeed; such as I have never heard from any other man,” Jefferson said . “He appeared to me to speak as Homer wrote.”

On May 29, 1765, Patrick Henry rose in the House of Burgesses to introduce his Stamp Act resolutions, written on a page torn from an old law book. It was the young Virginian’s twenty-ninth birthday and, even more remarkably, he had taken his seat as a junior member of the Burgesses only nine days earlier. The Stamp Act imposed a direct tax on the colonies, without the consent of their legislatures, on virtually all printed materials, including newspapers, legal documents, and playing cards. The act had recently passed the British Parliament, first in the House of Commons on February 27, 1765, and later in the House of Lords on March 8. In the latter, the act passed without debate and without hearing the many petitions issued from the colonies in opposition. The Stamp Act would go into effect on November 1, 1765, despite colonial protestations of “no taxation without representation.” 

After such a stunning political defeat, the attitude in the colonies might have shifted towards compliance, even submission, if the debate had not been reignited by the fiery redhead’s oratory. Henry’s resolutions renewed protestations against the oppression of taxation without representation and asserted that the colonists possessed the same rights and liberties as British subjects residing in Great Britain, including the sacred right of self-government. For more than 150 years, only the Virginia legislature held the power to tax Virginians. They had been responsible for levying their own taxes only with the consent of those to be taxed, as determined by their respective representatives. Henry fiercely defended his resolutions on the floor of the House with a speech that some witnesses claimed ranked among the world’s greatest orations. “Tarquin and Caesar each had his Brutus, Charles the First his Cromwell, and George the Third may profit by their example,” Henry said. To shouts of “Treason! Treason!” echoing from various parts of the House, Henry supposedly retorted, “If this be treason, make the most of it.”

The resolutions only narrowly passed the House and created an immediate firestorm throughout the colonies. They were reprinted in Philadelphia, New York, Boston, and everywhere else. Popular resistance spread throughout America, signaling a general outcry against tyranny and oppression. The first act of resistance to the Stamp Act, after it had become law, belonged exclusively to Patrick Henry. 

Unfortunately, Henry was never very careful about preserving his papers for posterity. Even his greatest speech and, arguably, the most powerful of the American Revolution—where Henry exclaimed in 1775, “Give me liberty, or give me death!”—had to be pieced together years later based on the recollections of witnesses. Henry, either through modesty or carelessness, simply could not be bothered to preserve a copy. However, Henry must have regarded his resolutions on the Stamp Act as the defining moment of his political life, because upon his death in 1799, a sealed document was discovered lying beside his last will and testament. The document contained a copy of the resolutions, along with an account of their passage. “The within resolutions,” Henry wrote, “formed the first opposition to the Stamp Act, and the scheme of taxing America by the British Parliament. All the colonies, either through fear, or want of opportunity to form an opposition, or from influence of some kind or other, had remained silent.” After expressing his inexperience as a new member of the Burgesses, Henry continued: “Finding the men of weight averse to opposition and the commencement of the tax at hand, and that no person was likely to step forward, I determined to venture; and alone, unadvised, and unassisted…wrote the within.” 

For two days in May, that daring “venture” proved to be perhaps the most popular and influential one for the revolutionary cause. Leading directly to the establishment of American independence, Henry’s courageous opposition to the Stamp Act ought to be remembered forever as the first rhetorical shot of the revolution.

 

Jason W. Stevens, Assistant Professor of Political Science, joined Ashland University in 2011. He teaches political thought and history courses with fields of expertise in the American Founding, Abraham Lincoln, and political philosophy.  He received his B.A. from Ashland University where he was an Ashbrook Scholar and his M.A. and Ph.D. in politics from the University of Dallas Institute of Philosophic Studies

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Click here for the essay schedule with today’s essay and previously published essays hyperlinked.

Guest Essayist: Jason Stevens

Our Commissioners | Office of the Texas Governor | Greg Abbott
Essay Read by Constituting America Founder, Actress Janine Turner

The essays in our study reference the following edition of Democracy In America: University of Chicago Press – 1st edition translated by Harvey Mansfield and Delba Winthrop. Today’s essay references pages 227 (Start at heading, “On the Idea..”) – 235 (Stop at Chapter 7 heading) of this edition of Democracy in America.

 

The Real Advantages Americans Derive from Democratic Government

De Tocqueville called America the “country of democracy par excellence.” To understand why, one must recollect the real advantages American society derives from democratic government. Among those numerous advantages Americans gain from living in a democracy, De Tocqueville argued, are the idea of individual rights, the respect for the law, and the vigorous political activity that reigns in all parts of the body politic.

1. The Idea of Rights

There has never been a great and prosperous people without some notion of individual rights. One of the key advantages of democratic society is respect for the idea of rights, especially the right of property. Americans seem innately to understand that the rights that they want to claim for themselves, and that they want to be respected by others, must belong to everyone in equal measure. The result is a form of the golden rule; so that one’s own rights are not violated, one does not attack those of others.

Through this idea of equal rights, the people over time learn the habits of living free. “One cannot say it too often,” De Tocqueville said, “There is nothing more prolific in marvels than the art of being free; but there is nothing harder than the apprenticeship of freedom.” As opposed to despotism, which pretends to be a quick fix for all of society’s ills but leaves everyone worse off and miserable, “Freedom…is ordinarily born in the midst of storms, it is established painfully among civil discords, and only when it is old can one know its benefits.” Freedom, in other words, is hard work, and it takes time to realize its advantages, but there is no surer path to individual and societal happiness.

2. Respect for the Law

In addition to the idea of rights, respect for the rule of law is another real advantage that American society derives from democracy. The respect Americans share for the law derives from the personal self-interest that each has for seeing the law obeyed and upheld by everyone. “[I]n the United States,” De Tocqueville claimed, “each finds a sort of personal interest in everyone’s obeying the laws; for whoever does not make up a part of the majority today will perhaps be in its ranks tomorrow.” Each follows the law because it is in one’s own interest that everyone obeys the law, which is the product of the people themselves. Since the majority are responsible for making the law, the people view obedience not as an act of servitude but as an expression of freedom. For in following the law, they are in effect ruling themselves: “However distressing the law may be,” De Tocqueville discovered, “the inhabitant of the United States submits to it without trouble, therefore, not only as the work of the greatest number, but also as his own.” Respect for the rule of law is the single greatest expression of self-government.

De Tocqueville is not saying, and democratic peoples do not believe, that there is no such thing as a bad law. Far from it. The argument is that bad laws, while they remain in effect, ought to be obeyed by everyone until such time as the people repeal them. “[T]he people in America obey the law not only because it is their work,” according to De Tocqueville, “but also because they can change it when by chance it hurts them.” In this way, respect for the rule of law increases the overall happiness of the people.

3. Political Activity

Finally, democratic government produces the vigorous political activity that is seen in all parts of the body politic. “When one passes from a free country into another that is not,” De Tocqueville mused, “one is struck by a very extraordinary spectacle: there, all is activity and movement; here, all seems calm and immobile.” Freedom creates energy and a willingness to labor that fuels “the prodigious motion of industry.

Perhaps reflecting on his own first impressions of America, De Tocqueville claimed, “Scarcely have you descended on the soil of America when you find yourself in the midst of a sort of tumult…Around you everything moves.” In one place, the people gather to learn if a church should be built, and in another place, they deliberate on the choice of a representative; here, the people are restless to decide on some matter of local improvements (what we might call infrastructure), and there, they attend a town meeting to discuss the planning of a school or park. The mighty engine of self-government is always on the move, spreading and deepening the habits of freedom and the happiness of the people.

All in all, De Tocqueville suggests that if “the principal object of a government” is “to procure the most well-being for each of the individuals who compose it and to have each avoid the most misery”—if the purpose of government is to increase the happiness of the most people—then the answer is to “equalize conditions and constitute the government of a democracy.

 

Jason W. Stevens is Assistant Professor of Political Science at Ashland University, where he teaches political thought and history courses with fields of expertise in the American Founding, Abraham Lincoln, and political philosophy. He is also Co-Director of the Ashbrook Scholar program.

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Click here for the essay schedule with today’s essay and previously published essays hyperlinked.