Happy Independence Day, Virginia

On this day in 1776, Richard Henry Lee’s instructions to delegates in the Second Continental Congress authorizing them to vote for American Independence were adopted, thereby effectively declaring independence from Great Britain.

Unlike in the American Civil War, Britain’s chief executive declared the offending peoples in rebellion before they had attempted secession from the crown. This act, coupled with King George’s contracting foreign alliances to assist in the prosecution of American submission, gave the colonies a de facto independence. To some, Independency was a moot point. Jonathan Dickinson Sergeant wrote to John Adams explaining that “Congress will not declare Independence in Form; they are independent; every Act is that of Independence and all we have to do is establish Order & Government in each Colony that we may support it.”^[1] Even John Adams, who was perhaps the most vehement advocate for it, urged his wife, “As to Declarations of Independency, be patient. Read our Privateering Laws, and our Commercial Laws. What signifies a Word.”^[2]

Because Britain had abandoned their protection of the colonists, the need for local governments was widely felt. On 10 May 1776, Congress passed a resolution recommending any territory that did not have a working government (due to the withdrawal, expulsion, or detention of British officials) to quickly erect one. This resolution, only sixty-three words long and rather unremarkable per se, was considered so important that a committee of three—John Adams, Edward Rutledge, and Richard Henry Lee—was appointed after it was passed to compose a preamble, which took five days to draft. In this preamble is the same insurrectional timbre that Jefferson would use less than two months thence.

It began with a hint of sardonic irony, addressing the King for the first time as “His Britannic Majesty,”^[3] and included him “in conjunction with the lords and commons of Great Britain.” It was now the King—no longer the Parliament or the Ministry—who had “excluded the inhabitants of these United Colonies from the protection of his crown.” These colonies, which were to erect their new governments were to suppress “every kind of authority under the said crown.”^[4]

The King was now officially complicit in his involvement, and as all three branches of British Government were now culpable; what was once civil war was quickly turning into a war of secession. Congress’s resolution, with this new preamble, was in every respect except formality a declaration of independence, as John Adams and Oliver Wolcott recognized.^[5] South Carolina had authorized its delegates to argue for independency as early as 26 March; North Carolina and Georgia did likewise, but it was Virginia’s authorization, the most populous and influential colony to do so, on 15 May that gave secession its needed voice.^[6] Almost as an auspicious asterisk, Maryland also allowed for the argument of secession on the same day as Virginia, to which John Adams awed, “Is it not remarkable that [Virginia] should come to Resolutions so nearly Similar, on the Same day, and that even the Convention of Maryland should, in that critical Moment, have proceded so far as to abolish oaths of allegiance?”^[7]

 

Forasmuch as all the endeavours of the United Colonies, by the most decent representations and petitions to the King and Parliament of Great Britain, to restore peace and security to America under the British Government, and a reunion with that people upon just and liberal terms, instead of a redress of grievances, have produced, from an imperious and vindictive Administration, increased insult, oppression, and a vigorous attempt to effect our total destruction:-By a late act all these Colonies are declared to be in rebellion, and out of the protection of the British Crown, our properties subjected to confiscation, our people, when captivated, compelled to join in the murder and plunder of their relations and countermen, and all former rapine and oppression of Americans declared legal and just; fleets and armies are raised, and the aid of foreign troops engaged to assist these destructive purposes; the King’s representative in this Colony bath not only withheld all the powers of Government from operating for our safety, but, having retired on board an armed ship, is carrying on a piratical and savage war against us, tempting our slaves by every artifice to resort to him, and training and employing them against their masters. In this state of extreme danger, we have no alternative left but an abject submission to the will of those overbearing tyrants, or a total separation from the Crown and Government of Great Britain, uniting and exerting the strength of all America for defence, and forming alliances with foreign Powers for commerce and aid in war:-Wherefore, appealing to the Searcher of hearts for the sincerity of former declarations expressing our desire to preserve the connection with that nation, and that we are driven from that inclination by their wicked councils, and the eternal law of self-preservation:

Resolved, unanimously, That the Delegates appointed to represent this Colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to, or dependence upon, the Crown or Parliament of Great Britain; and that they give the assent of this Colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances, and a Confederation of the Colonies, at such time and in the manner as to them shall seem best: Provided, That the power of forming Government for, and the regulations of the internal concerns of each Colony, be left to the respective Colonial Legislatures.

Resolved, unanimously, That a Committee be appointed to prepare a Declaration of Rights, and such a plan of Government as will be most likely to maintain peace and order in this Colony, and secure substantial and equal liberty to the people.