Wednesday, February 20, 2013 – Essay #3 – The Letter to Henry Lee by Thomas Jefferson – Guest Essayist: William C. Duncan, Director of the Marriage Law Foundation
Letter to Henry Lee (May 8, 1825)
In his 1825 letter to Henry Lee, Thomas Jefferson lays out the “object” of the Declaration, the origins of the “self-evident” principles it outlines, and the nature of its authority.
The “object of the Declaration of Independence,” he explains, was to “appeal to the tribunal of the world” with a justification of the decision “to resort to arms for redress” in response to “the acts of the British government contravening” the rights of Americans. This purpose is clear in the vast bulk of the Declaration that carefully lists these abuses and explains the means, short of war, Americans took to gain redress.
In contrast to the revolutionary movements that followed, the Declaration did not propose to
“find out new principles, or new arguments, never before thought or, not merely to say things which had never been said before.”
The Declaration was not a charter for remaking society according to a utopian model (“copied from any particular and previous writing”). It merely
“placed before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take.”
Rather than proposing a new ideology, the Declaration laid out “an expression of the American mind.” It was not “aiming at originality of principle or sentiment.” Its authority rests on “the harmonizing sentiments of the day” drawn from sources going back to antiquity (reflecting the remarkable learning of the Founders). In this it reflected the experience of Americans and experience, as Federalist 20 explains, “is the oracle of truth.”
This is important. The Declaration reflected a unique American innovation, a sundering of previous political ties not on a whim or to promote a project of social regeneration which would forcibly bring into existence a “new man” but to vindicate a long experience of self-government which included the exercise of “unalienable rights” granted to men and women “by their Creator.” When these rights were no longer secured by the previous arrangement and government was exercised absent “the consent of the governed,” a people would be justified in instituting a new government. England had not respected the equality of Americans in regards to the rights government was instituted to secure so a change was not only justified but necessary and prudent.
Because the Declaration’s asserted rights derive from common sense and widely shared assumptions, they are not likely to support the more expansive claims of a “living constitution” through which courts pursue extra-constitutional aims like perfect equality of outcomes. These would be “new principles” Thomas Jefferson specifically disclaimed.
Later the Constitution would give legal status to some of the common sense principles invoked by the Declaration, most importantly providing a vehicle to make “secure” the foundation of republican government by the consent of the governed. Through the Constitution, the sentiments of the Declaration gained real force in the institutions of representative government.
The “plain and firm” statement of truths in the Declaration of Independence still animate our continuing effort to protect what we inherited from those who pledged their lives, fortune and sacred honor in its support.
Read the Letter to Henry Lee by Thomas Jefferson here: http://www.constitutingamerica.org/blog/?p=3197
William C. Duncan is director of the Marriage Law Foundation (www.marriagelawfoundation.org). He formerly served as acting director of the Marriage Law Project at the Catholic University of America’s Columbus School of Law and as executive director of the Marriage and Family Law Research Grant at J. Reuben Clark Law School, Brigham Young University, where he was also a visiting professor.