|
Life, liberty & property in America’s foundations
|
|
|
To the Editor:
The Declaration of Independence (1776) and the Constitution (1789) together constitute our “foundational documents.” The former tells why we are and the latter what we are or at least should be in the thought of the founders of our nation.
During the decades immediately preceding the outbreak of the War of Independence and the Constitutional Convention, there was a storm of lectures, sermons, editorials, essays and pamphlets giving voice repeatedly to the triad of “life, liberty, and property.” Why Jefferson altered that to “life, liberty, and the pursuit of happiness” in the Declaration nobody knows.
The Declaration of 1776 listed 29 “repeated injuries and usurpations” of King George against the revolting colonies. The 10th related to wrongful government rules and agencies to deprive them of rights and property: “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and to eat out their substance.” And the 17th: “For imposing Taxes without our consent.”
At any rate, the fifth Amendment to the Constitution added by demand of the American people, clarified the sense, reading, “No person shall be . . . deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” And 79 years later, to prevent theft of property rights by states and other civil entities (counties, townships, etc.), affirmed “nor shall any State deprive any person of . . . property without due process of law.”
This means it is unlawful for any legislature or entity created by government to tell you how to use your property as long as you do no harm to your neighbor. Nor can any majority of voters rightly remove your sovereign right to use what is your own to manage in your “pursuit of happiness.”
The speakers and writers of that time liked to think they found the voice of God in reason—and they liked to quote John Locke. In John Tucker’s election day speech (Boston, 1771) he quoted Mr. Locke in support of inviolability of right laws and against “usurpation” of the rights of use and control of private property: [Please bear with the uppity language of public discourse of the educated class of the 18th century.]
“Usurpation is the exercise of power which another hath a right to” and “where-ever law ends, Tyranny begins, if the law be transgressed to another’s harm. And whosoever in authority exceeds the power given him by law, and makes use of force [harassment and fines] he has under his command, to compass [compel] that upon that subject, [citizen] which the [fundamental] law allows not, may be opposed as any other man who by force invades the right of another.”
Tucker went on to proclaim to the voting public of Boston: “This being the design of civil government, good rulers are justly considered as benefactors . . . . placed as benefactors of the people . . . . To curb and restrain the unrighteous and factions, from acts of fraud, rapine and violence, and to protect others in the peaceable enjoyment of their rights.
Robert Culver
Houston, Minn.
|
|
