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Principled Communities07/14/03 Principled Communities: Declarations of Rights in the First State Constitutions John E. Paynter, University of Dallas This collection of documents grew out of my preparation for writing an essay on John Adams’s understanding of the social contract. As it happened, I was struck by my own parochialism regarding the early state constitutions. Like many students of the American founding, I have focused on the national scene, the Constitution of ’87, and the understandings of political justice which guided the architects of that great political structure. Rereading the state constitutions reminded me that many of the men we call “founding fathers” because of their accomplishments on the national level were also instrumental in devising and adopting new political orders in their states-of-origin. Adams, for instance, authored the Massachusetts Constitution of 1780, a document he was fond of calling “my constitution.” And his 3-volume opus was a defense primarily of the American state constitutions. But is there anything noteworthy to be learned from the state constitutions, anything that we cannot learn equally well—perhaps even better—from the national constitution? Emphatically “yes.” Most importantly, we learn about tasks of government that many thought were essential to having a just political order, but also thought could be done better, or could be done at all, only by state governments. Among these tasks is the formation of republican citizens. The architects of the U.S. Constitution saw it as relying for its motive power primarily on self-interest working within a system of opposite and rival interests. That is not to say that they dispensed with virtue in their political prescriptions. But they saw virtue alone as a weak reed on which to rest republican government. They sought to “supply the defect of better “Principled Communities,” John E. Paynter: p. 1 motives” (Federalist No.51, para. 5) by guiding self-interest in ways that caused it to amplify rather than stifle the quiet voice of virtue. Hence they concentrated their constitutional efforts on devising institutions of government that would offer office- holders incentives to do the things that virtue would prompt had it the commanding position in the office-holder’s soul. Republican government, Publius says, presupposes the existence of “qualities in human nature which justify a certain portion of esteem and confidence.” But virtue, while it may well be grounded on such qualities in human nature, comes into being as the result of education or “soul-crafting.” And for a variety of reasons, many of the founders active in the new state orders saw the state governments as more likely to be competent at this education or cultivation of virtue than was the national government. Perhaps for this reason, a number of the original state constitutions began their account of the new political order in their state with a declaration of fundamental principles. These principles were to guide their “framing” of political power, and therefore to state them openly and precisely was to offer the best possible justification for that new structure of power. But the declaration of principles was also intended to educate citizens, not just in the sense of informing them about their government, but also in the sense of forming in them the virtues, dispositions and habits that would make them proactive in the cause of republican government. To read one of these state declarations of rights is to traverse virtually the entire landscape of the high-minded understanding of the social contract and of all that it was thought to require and to generate. The principles in these documents range from fundamental laws of nature to itemized lists of the rights which no government can justly violate, and to a similar catalog of virtues and duties which no citizen can justly neglect. And perhaps most usefully, the declarations often include reasoning about these “Principled Communities,” John E. Paynter: p. 2 principles, rights and duties. Should you wish to pursue issues connected with the “frame of government” section of these constitutions, you can find in any university library the most often consulted compilation of the first state constitutions: F. N. Thorpe, editor, The Federal and State Constitutions, (Washington, DC: Government Printing Office, 1909). Not having easy access to libraries at this point, I have collected these documents from internet sources.1 There is no single web-site that includes all eleven of these constitutions, so I have drawn on two web-sites that are reliable depositories of early state documents. The first is Yale Law School’s Avalon Project, an amazing collection of 17th-21st century constitutional/legal documents, nearly all of them unabridged and carefully edited (http://www.yale.edu/lawweb/avalon/) As of this date, however, Avalon does not include the Massachusetts constitution of 1780. For that document I have turned to Claremont’s “founders” web-site, which has eight of the earliest constitutions (http://www.founding.com/library/index.cfm). Finally, in the addendum at the end of these documents you will find a brief essay that is intended to “hi-lite” several issues and surprises in the declarations. I originally put it with the other introductory material. But on reflection I realized that I was thereby inviting you to break one of the cardinal rules of reading: “Never read an editor’s introduction to a text before you have read the text itself at least once.” So even though it is, of course, a very insightful, penetrating little essay, it got relegated to last place. Here are the eleven states that adopted constitutions after separating from England. (Rhode Island & Connecticut continued their colonial charters, modified to reflect the sovereignty of the people.) Each state in the list that is marked with an * adopted a constitution that included a separate declaration of rights. 1 My thanks to Dr. Thomas West for guidance to several key web-sites. “Principled Communities,” John E. Paynter: p. 3 1. New Hampshire—January 5, 1776. *2. Virginia—June 29, 1776. 3. New Jersey—July 2, 1776. 4. Delaware—September 21, 1776. *5. Pennsylvania—September 28,1776. *6. Maryland—November 11, 1776. *7. North Carolina—December 18,1776. 8. Georgia—February 5, 1777. *9. New York—April 20,1777. 10. South Carolina—March 19, 1778. 10a. South Carolina—March 26, 1776 (temporary). *11. Massachussetts—March 2, 1780. Declarations of Rights in the Early State Constitutions Following are the complete texts of the declarations of rights adopted by six of the eleven states that approved constitutions between 1776 and 1780. Also included for each of those states are the provisions of their “frame [form] of government” chapter that seemed to me to shed further light on the principles they have just declared. These second-chapter articles in almost every case include oaths of office (Virginia is the exception), and any other clauses that treat the state government’s responsibility for religion, moral life, or education. “Principled Communities,” John E. Paynter: p. 4 THE CONSTITUTION OF VIRGINIA—JUNE 12-JUNE 29, 1776. The Virginia Declaration of Rights was framed by a convention composed of forty- five members of the colonial house of burgesses, which met at Williamsburgh May 6, 1776, and adopted this Declaration June 12, 1776. The constitution that follows the declaration was framed by the same convention, and these two documents were then officially adopted by the convention as the constitution of the state of Virginia on June 29, 1776. According to the social compact understanding of political authority, in order for governmental power to be legitimate, it must be derived from the people directly or from an assembly chosen by the people for the sole purpose of devising a form of government. But the Virginia House of Burgesses was the ordinary legislature of the state and had not been elected for the purpose of constituting government. On the failure of Virginia to ground its constitution on the only just foundation of such laws, see Thomas Jefferson’s thorough critique of the matter in Query XIII of his Notes on the State of Virginia. [JEP] The Virginia Declaration of Rights, June 12, 1776 A declaration of rights made by the representatives of the good people of Virginia, assembled in full and free convention; which rights do pertain to them and their posterity, as the basis and foundation of government. SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with “Principled Communities,” John E. Paynter: p. 5 the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. SEC. 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. SEC. 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. SEC. 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary SEC.
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