Equality at the legislative level, not individual rights,
was the cause of the American Revolution. What the colonists sought is not unlike the
Commonwealth of today and would have changed history.
.
On
this Fourth of July, American politicians and commentators will assert the war of
independence was motivated by a love of individual liberty. Nothing could be further from
the truth. The British empire in the 1770s was among the most liberal realms that had ever
existed. The American war of independence was fought over collective power, not personal
freedom. What was at stake was whether the British empire would be a unitary realm
governed by the London parliament, or a federal empire with many parliaments and
legislatures united only by a single monarch.
It was the political power of American colonial legislatures, not the rights of British
subjects in America as individuals, that was at stake in the controversies about taxes on
tea and other items. Alexander Hamilton remarked that it was absurd "to affirm, that
we are quarrelling for the trifling sum of three pence a pound on tea, when it is
evidently the principle against which we contend." The "principle" was the
claim of the colonists that, while they could be taxed by their own legislatures, with the
concurrence of the colonial governors, who were representatives of the king, they could
not be taxed by the London parliament. As Theodore Draper writes in his study A Struggle
for Power: The American Revolution (1996), "In its political form, the American
Revolution was brought about by British actions which attempted to reduce the power of
assemblies and eventually led them to bid for all power."
The American colonists used several arguments to deny the legitimacy of taxation by
London. The fact Americans could not send representatives to London violated the cherished
British principle of "no taxation without representation." In addition, the
colonists claimed they had never been subject to the jurisdiction of the London
parliament. This was a bit of a stretch, given instances in which London had legislated on
behalf of the colonies. Even so, the Americans had the stronger side in the constitutional
argument. In his Summary View of the Rights of British America (1774), Thomas Jefferson
asserted that the original colonists, having left Britain, continued "their union
with her by submitting themselves to the same common Sovereign, who was thereby made the
central link connecting the several parts of the Empire thus newly multiplied." The
claim that the British empire was linked chiefly or only by the person of the king was
supported by history. All of the colonial governors were appointed by the king alone,
without the approval of Westminster. And all of the colonies had elected assemblies with
unconditional control over money bills. On the basis of history, the Americans could make
a powerful case that the London parliament's attempts to tax the colonies were usurping
the long-accepted powers of the individual colonial legislatures.
It is all too often forgotten that in 1774-75 the colonial leaders sought equality
within the British empire, not separation from it. Indeed, in the Declaration of Rights
adopted by the First Continental Congress in 1774, the colonists' argument was framed in
terms of their right to participate in "English liberty" as members of the
British empire: "We have not raised armies with ambitious designs of separating from
Great Britain." The Congress even declared that it was willing to "cheerfully
consent to the operation of such acts of the British Parliament, as are bona fide
restrained to the regulation of our external commerce . . ." Even after the battles
of Lexington and Concord, many colonists still hoped a compromise between London and the
colonies could be worked out. Only in 1776, having given up hope, did they opt for
independence, justified by reference to universal natural rights rather than traditional
English liberties. The colonists no longer sought a separate and equal station within the
British empire; now they sought to assume a "separate and equal station" among
"the Powers of the earth."
The American theory of the federal empire is the reason why the Declaration of
Independence denounces the king (who was acknowledged to have authority over the colonies)
rather than the London parliament (which the colonists claimed never had any jurisdiction
in America). In a sentence in Jefferson's draft of the Declaration of Independence that
was cut by Congress, Jefferson explicitly summarized the federal empire theory: "We
have reminded them [our British brethren] . . . that in constituting indeed our several
forms of government, we had adopted one common king; thereby laying a foundation for
perpetual league and amity with them; but that submission to their parliament was no part
of our constitution."
What the American colonists were proposing, then, was something like the British
Commonwealth of today, in which the United Kingdom, Canada, Australia and New Zealand are
self-governing countries, each with its own legislature, that share a single monarch as
head of state. If the British had agreed to such an arrangement in the late 18th century,
then the rupture between Britain and what became the United States of America might not
have occurred.
Britain would have been stronger and safer in the 19th and 20th centuries,
if the basis of its world power had been the kindred population and resources of North
America, rather than British rule over subject nations in Asia, Africa and the Middle
East. Instead of being rescued from continental tyrannies at the last moment by reluctant
U.S. governments, Britain might have been able to mobilize North American resources
against German and Russian threats long in advance of a dire crisis like those of 1914 and
1939.
What is more, the civil liberties of some North Americans might have been protected
better by the Crown than by the United States. The Crown would have been more likely to
protect the Indians against rapacious white settlers. And American slavery might have been
eliminated peacefully, as part of an empire-wide abolition of the practice, rather than as
the result of a catastrophic civil war. Between a third and fifth of the American
colonists opposed independence; had imperial federalism been adopted, the persecution and
exile of the Loyalists (many of whom became founders of Canada) need never have taken
place.
In hindsight, then, the federal empire or commonwealth the American colonists sought
before 1776 looks to have been a very good idea indeed. A case can be made that a federal
empire such as the British Commonwealth, combined, perhaps, with separate legislatures for
Scotland, Wales and Ireland, would have been a small price to pay for the continued
political association of Britain and Anglophone North America. Unfortunately, the doctrine
of the supremacy of the London parliament made the break-up of the British Empire
inevitable.
Even if the British were mistaken to reject imperial federalism in the 1770s, though,
they had legitimate concerns about where such a principle might lead. For example, George
III feared that if the colonies should succeed, "the West Indies must follow them.
Ireland would soon follow the same plan and be a separate State, then this Island would
be reduced to itself, and soon would be a poor Island indeed . . ." The king's fear
that American independence might trigger a chain reaction leading to the disintegration of
the United Kingdom itself was not unreasonable. Exactly such a fate befell the former
Soviet Union, which disintegrated into smaller states following the loss of its Eastern
European empire. Indeed, British politics today is dominated by the question of separate
legislatures for Scotland, Wales and Northern Ireland. The United Kingdom might yet turn
into a federal state, or it might break up into English, Scottish and Welsh nation-states.
Ordinary Englishmen also had good reason to fear the consequences of imperial
federalism. For one thing, the growth of the American colonies in population and wealth
would have threatened to make North America the centre of gravity of the British empire by
the middle of the 19th century. In 1776, Adam Smith observed that the Anglo-Americans were
"contriving a new form of government for an extensive empire, which, they flatter
themselves, will become, and which, indeed, seems very likely to become, one of the
greatest and most formidable that ever was in the world." The downside of this, for
the English, was the prospect that the British Isles would become minor provinces of a
superpower centred on the Great Lakes and the Mississippi. (Anti-American Englishmen might
assert that this has happened anyway!)
Nor could 18th-century Britons contemplate the possibility of a king ruling many
separate-but-equal realms without a degree of fear. English history contained many
examples of kings who brought in foreign subjects or mercenaries -- Scots, Irish, Danes --
to prop up their rule. If George III, the Hanoverian king, could use Hessian soldiers from
his German domains to suppress his rebellious American subjects, what would prevent the
monarch of a federal British empire from using Virginian and Pennsylvanian soldiers to
crush dissent in England itself?
By the time the modern British Commmonwealth formed, such a threat no longer existed.
In the course of the 19th century, the British monarch became a more or less purely
ceremonial figurehead. Nobody today fears that Queen Elizabeth II will send Canadian and
Australian troops to arrest Tony Blair, the British prime minister, and dismiss
parliament. In the 18th century, though, the subjection of the British king to parliament
was still far from established. Making the monarch the king of many lesser parliaments
might have made it easier for him to escape from the constraints of any parliament.
The positions of both sides in the war between America and Britain, then, made sense.
Perhaps at the time there was no way to avoid a divorce. What about a remarriage? The 20th
century saw first a rapprochement and then a partnership between the United States and
Britain -- a partnership that is as strong as ever, to judge, for example, by
Anglo-American military co-operation against Iraq against the opposition of other American
allies. A minority on both sides of the Atlantic remains enthusiastic about some sort of
union of what Winston Churchill called "the English-speaking peoples."
In the near future, such a reunion seems unlikely. Britain is preoccupied with
redefining its own identity and finding a place in the European Union. Canada is in the
throes of an endless conflict between its English- and French-speakers. And Australia may
sever its British connection, replacing the Queen with a republican head of state. Perhaps
the monarchy -- which the American colonists hoped would be the ligament uniting the
empire -- has to go, before there can be a loose English-speaking association of American,
Anglophone Canadian, Australian, New Zealand, and -- who knows? -- English, Welsh and
Scots republics.
If there is a lesson to be drawn from the history of them British-American rupture, it
is that governments and constitutions are means, not ends in themselves. The importance of
compromise and flexibility in great questions of national and international fate was
pointed out at the time of the American war of independence by Edmund Burke, a member of
the London parliament who was sympathetic to the American colonies: "Magnanimity in
politics is not seldom the truest wisdom; and a great empire and little minds go ill
together.
Copyright 1999, National Post
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