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                            The Story of American Freedom
                            --------------------------------------------------
                            By ERIC FONER

                            W. W. Norton & Company, Inc.

                            Copyright © 1998 Eric Foner. All rights reserved.
                            ISBN: 0-393-04665-6
                            --------------------------------------------------

                            CONTENTS

                            Introduction......................................
................xiii
                            1. The Birth of American
Freedom.....................................3
                                The Freeborn
Englishman..........................................3
                                Democratizing
Freedom...........................................12
                            2. To Call It
Freedom...............................................29
                                Slavery and the
Republic........................................29
                                We the
People...................................................37
                            3. An Empire of
Liberty.............................................47
                                Democracy in
America............................................50
                                Labor, Free and
Slave...........................................58
                            4. The Boundaries of Freedom in the Young
Republic..................69
                                The Imagined
Community..........................................69
                                Battles at the
Boundaries.......................................79
                            5. A New Birth of
Freedom...........................................95
                                "We All Declare for Liberty"..........


->  SNETNEWS  Mailing List



                            The Story of American Freedom
                            --------------------------------------------------
                            By ERIC FONER

                            W. W. Norton & Company, Inc.

                            Copyright © 1998 Eric Foner. All rights reserved.
                            ISBN: 0-393-04665-6
                            --------------------------------------------------

                            CONTENTS

                            
Introduction......................................................xiii
                            1. The Birth of American 
Freedom.....................................3
                                The Freeborn 
Englishman..........................................3
                                Democratizing 
Freedom...........................................12
                            2. To Call It 
Freedom...............................................29
                                Slavery and the 
Republic........................................29
                                We the 
People...................................................37
                            3. An Empire of 
Liberty.............................................47
                                Democracy in 
America............................................50
                                Labor, Free and 
Slave...........................................58
                            4. The Boundaries of Freedom in the Young 
Republic..................69
                                The Imagined 
Community..........................................69
                                Battles at the 
Boundaries.......................................79
                            5. A New Birth of 
Freedom...........................................95
                                "We All Declare for 
Liberty"....................................95
                                "What Is 
Freedom?".............................................100
                            6. Liberty of Contract and Its 
Discontents.........................115
                                Freedom in the Gilded 
Age......................................116
                                Labor and the 
Republic.........................................124
                                Redrawing the 
Boundaries.......................................130
                            7. Progressive 
Freedom.............................................139
                                The Varieties of Economic 
Freedom..............................141
                                Freedom and the Progressive 
State..............................152
                            8. The Birth of Civil 
Liberties....................................163
                                World War I and the Crisis of 
Freedom..........................168
                                Who Is an 
American?............................................185
                            9. The New Deal and the Redefinition of 
Freedom....................195
                                Security and 
Freedom...........................................196
                                "A New Conception of 
America"..................................210
                            10. Fighting for 
Freedom...........................................219
                                The Four 
Freedoms..............................................221
                                Patriotic 
Assimilation.........................................236
                            11. Cold War 
Freedom...............................................249
                                The Free 
World.................................................252
                                The Triumph of Consumer 
Freedom................................262
                            12. Sixties 
Freedom................................................275
                                The Freedom 
Movement...........................................276
                                The New 
Left...................................................287
                                The Rights 
Revolution..........................................299
                            13. Conservative 
Freedom...........................................307
                                The Rebirth of 
Conservatism....................................308
                                The Reagan Revolution and 
After................................320
                            
Notes..............................................................333
                            
Acknowledgments....................................................395
                            
Index..............................................................397

                            Chapter One

                                               The Birth of
                                             American Freedom

                            AMERICAN FREEDOM was born in revolution. During
                            the struggle for independence inherited ideas of
                            liberty were transformed, new ones emerged, and
                            the definition of those entitled to enjoy what the
                            Constitution called "the blessings of liberty" was
                            challenged and extended. The Revolution bequeathed
                            to future generations an enduring yet
                            contradictory legacy. Its vision of the new nation
                            as an asylum for freedom in a world overrun by
                            oppression resonates in the political culture to
                            this day. Yet the United States, a nation
                            conceived in liberty, harbored a rapidly growing
                            slave population, belying the founders' confident
                            affirmation of freedom as a universal human
                            birthright.

                                         The Freeborn Englishman

                            "Liberty," of course, did not suddenly enter the
                            American vocabulary in 1776; indeed, few words
                            were as ubiquitous in the trans-Atlantic political
                            discourse of the eighteenth century. Colonial
                            America was heir to many understandings of
                            liberty, some as old as the city-states of ancient
                            Greece, others as new as the Enlightenment. Some
                            laid the foundations for modern conceptions of
                            freedom; others are quite unfamiliar today.

                                One common definition in British North America
                            defined freedom less as a political or social
                            status than as a spiritual condition. In the
                            ancient world, lack of self-control was understood
                            as a form of slavery, the antithesis of the free
                            life. "Show me a man who isn't a slave," wrote
                            Seneca. "One is a slave to sex, another to money,
                            another to ambition." This understanding of
                            freedom as submission to a moral code was central
                            to the Christian cosmology that suffused the world
                            view of the early colonists. Wherever it
                            flourished, Christianity enshrined the idea of
                            liberation, but as a spiritual condition rather
                            than a worldly one. Since the Fall, man had been
                            prone to succumb to his lusts and passions.
                            Freedom meant abandoning this life of sin to
                            embrace the teachings of Christ. "Where the Spirit
                            of the Lord is," declares the New Testament,
                            "there is liberty." In this definition, servitude
                            and freedom were mutually reinforcing, not
                            contradictory states, since those who accepted the
                            teachings of Christ simultaneously became "free
                            from sin" and "servants to God."

                                The Puritan settlers of colonial
                            Massachusetts, who believed their colony the
                            embodiment of true Christianity, planted this
                            spiritual definition of freedom on American soil.
                            In a 1645 speech to the Massachusetts legislature
                            that epitomized Puritan conceptions of freedom,
                            John Winthrop, the colony's governor,
                            distinguished sharply between "natural liberty,"
                            which suggested "a liberty to evil" and "moral
                            liberty ... a liberty to do only what is good."
                            This definition of freedom as flowing from
                            self-denial and moral choice was quite compatible
                            with severe restraints on freedom of speech,
                            religion, movement, and personal behavior.
                            Individual desires must give way to the needs of
                            the community, and "Christian liberty" meant
                            submission not only to the will of God but to
                            secular authority as well, to a well-understood
                            set of interconnected responsibilities and duties,
                            a submission no less complete for being voluntary.
                            The most common civil offense in the courts of
                            colonial New England was "contempt of authority"
                            The unrestrained individual enjoying natural
                            rights, whom later generations would imagine as
                            the embodiment of freedom, struck these Puritan
                            settlers as the incarnation of anarchy, the
                            antithesis of liberty. "When each man hath liberty
                            to follow his own imagination," declared the
                            Puritan minister Thomas Hooker, disaster
                            inevitably resulted, for "all prejudice the public
                            good."

                                Communal authority was always weaker in the
                            more secular colonies to the south of the Puritan
                            commonwealth. Even in New England, as jeremiads of
                            the early eighteenth century vigorously lamented,
                            willingness to accept community regimentation in
                            the name of liberty soon waned. By the 1750s, the
                            idea of New England's special place in God's plan
                            for humanity had been subsumed in the more general
                            celebration of the entire Anglo-American
                            Protestant world as a bulwark against tyranny and
                            popery. Yet the Christian understanding of liberty
                            as spiritual salvation survived to the Revolution
                            and, indeed, our own time. The religious revivals
                            of the late colonial era, known to historians as
                            the Great Awakening, reinforced this understanding
                            of freedom. On the eve of independence, ministers
                            like Jonathan Boucher were insisting that "true
                            liberty" meant "a liberty to do every thing that
                            is right, and being restrained from doing any
                            thing that is wrong," not "a right to do every
                            thing that we please."

                                This equation of liberty with moral action
                            flourished as well in a secularized form in the
                            Atlantic world of the eighteenth century. If
                            religious liberty meant obedience to God, "civil
                            liberty" rested on obedience to law. As far back
                            as the ancient world, Aristotle had cautioned men
                            not to "think it slavery to live according to the
                            rule of the constitution." The law was liberty's
                            "salvation," not its adversary. Modern
                            philosophers of liberty also distinguished sharply
                            between "unrestrained freedom" and "a life lived
                            under the rule of law." Liberty, wrote John Locke,
                            meant not leaving every person free to do as he
                            desired, but "having a standing rule to live by,
                            common to every one of that society, and made by
                            the legislative power." As Locke's formulation
                            suggests, liberty in its civil form depended on
                            obedience to the law, so long as statutes were
                            promulgated by elected representatives and did not
                            operate in an arbitrary manner. Here lay the
                            essence of the idea of British liberty, a central
                            element of social and political thought on both
                            sides of the Atlantic. Until the 1770s, most
                            colonists believed themselves part of the freest
                            political system mankind had ever known.

                                By the eighteenth century, the "invented
                            tradition" of the freeborn Englishman had become a
                            central feature of Anglo-American political
                            culture and a major building block in the sense of
                            nationhood then being consolidated in Britain. By
                            self-definition, the British nation was a
                            community of free individuals and its past a
                            "history of liberty." Belief in freedom as the
                            common heritage of all Britons and the British
                            empire as the world's sole repository of liberty
                            had helped to legitimize the colonization of North
                            America in the first place. Subsequently, it
                            served to cast imperial wars against Catholic
                            France and Spain as struggles between liberty and
                            tyranny, a definition widely disseminated in the
                            colonies as well as the mother country. British
                            freedom celebrated the rule of law, the right to
                            live under legislation to which one's community
                            had consented, restraints on the arbitrary
                            exercise of political authority, and rights like
                            trial by jury enshrined in the common law. It was
                            closely identified with the Protestant religion
                            and was invoked most stridently to contrast
                            Britons with the "servile" subjects of Catholic
                            countries.

                                Of course, the idea of freedom as the natural
                            condition of mankind was hardly unknown in a
                            nation that had produced the writings of John
                            Milton and John Locke. But British freedom was
                            anything but universal. Nationalist, often
                            xenophobic, it viewed nearly every other nation on
                            earth as "enslaved"--to popery, tyranny, or
                            barbarism. "Freedom ...in no other land will
                            thrive," wrote the poet John Dryden; "Freedom an
                            English subject's sole prerogative." Britons saw
                            no contradiction between proclaiming themselves
                            citizens of a land of freedom precisely when
                            British ships were transporting millions of
                            Africans to bondage in the New World. "Britons
                            never, never, never will be slaves," ran the
                            popular song, "Rule, Britannia." It did not say
                            that Britons could not own slaves, since for most
                            of the eighteenth century, almost no one seemed to
                            consider Africans entitled to the rights of
                            Englishmen.

                                Nor was British liberty incompatible with wide
                            gradations in personal freedom at home--a
                            hierarchical, aristocratic society with a
                            restricted "political nation" (those entitled to
                            vote and hold office). The common law's
                            protections applied to everyone, but property
                            qualifications and other restrictions limited the
                            eighteenth-century electorate to less than 5
                            percent of the adult male population. (The "right
                            of magistracy" wrote Joseph Priestley in his Essay
                            on the First Principles of Government [1768], was
                            not essential to British freedom. Men "may enjoy
                            civil liberty, but not political liberty.") Nor
                            did British law view laborers as wholly free.
                            Vagrancy statutes punished those without visible
                            means of support, "master and servant" laws
                            required strict obedience of employees, and
                            breaches of labor contracts carried criminal
                            penalties. The very navy whose domination of the
                            high seas secured the nation's freedom from
                            foreign domination was manned by sailors seized by
                            press gangs from the streets of London and
                            Liverpool. In this sense, British freedom was the
                            lineal descendant of an understanding of liberty
                            derived from the Middle Ages, when "liberties"
                            meant formal privileges such as self-government or
                            exemption from taxation granted to particular
                            groups by contract, charter, or royal decree. Only
                            those who enjoyed the "freedom of the city," for
                            example, could engage in certain economic
                            activities. This medieval understanding of liberty
                            assumed a hierarchical world in which individual
                            rights in a modern sense barely existed, and
                            political and economic entitlements were enjoyed
                            by some social classes and denied to others.
                            Echoes of this old, restricted idea of liberty
                            survived in early America--for example, in New
                            York City's rule limiting the right to work in
                            certain trades to those who held the legal status
                            of "freeman."

                                Whatever its limitations and exclusions, it
                            would be impossible, as the historian Gordon Wood
                            writes, "to overemphasize the degree to which
                            eighteenth-century Englishmen reveled in their
                            worldwide reputation for freedom," an observation
                            as applicable to the American colonies as to the
                            mother country. One could, if one desired,
                            subdivide British liberty into its component
                            parts, as many writers of the era were prone to
                            do. Political liberty meant the right to
                            participate in public affairs; civil liberty
                            protection of one's person and property against
                            encroachment by government; personal liberty
                            freedom of conscience and movement; religious
                            liberty the right of Protestants to worship as
                            they chose. But the whole exceeded the sum of
                            these parts. British liberty was simultaneously a
                            collection of specific rights, a national
                            characteristic, and a state of mind. So ubiquitous
                            and protean was the concept that what would later
                            seem inconsistent elements managed happily to
                            coexist.

                                British freedom, for example, incorporated
                            contradictory attitudes about political power. On
                            the one hand, the idea's historical development
                            was inseparable from the rise of the nation-state,
                            and reached its apotheosis precisely when Britain
                            emerged as the world's leading imperial power. At
                            the same time, restraints on the exercise of
                            political authority were central to British
                            freedom. Power and liberty were widely believed to
                            be natural antagonists, and in their balanced
                            constitution and the principle that no man, even
                            the king, is above the law, Britons claimed to
                            have devised the best means of preventing
                            political absolutism. These ideas sank deep roots
                            not only within the political nation but far more
                            broadly in British society. Laborers, sailors, and
                            artisans spoke the language of common law rights
                            and British freedom as insistently as pamphleteers
                            and Parliamentarians. By the eighteenth century,
                            the category of free person had become not simply
                            a legal status, as in medieval times, but a
                            powerful element of popular ideology. On both
                            sides of the Atlantic, liberty emerged as "the
                            battle cry of the rebellious." Frequent crowd
                            actions protesting infringements on traditional
                            rights gave concrete expression to the definition
                            of liberty as resistance to tyranny. "We are
                            Free-men--British subjects--Not Born Slaves," was
                            a rallying cry of the Regulators, who protested
                            the underrepresentation of western settlements in
                            the South Carolina legislature during the 1760s.

                                This tension between freedom as the power to
                            participate in public affairs and freedom as a
                            collection of individual rights requiring
                            protection against governmental interference helps
                            define the difference between two political
                            languages that flourished in the Anglo-American
                            world. One, termed by scholars "republicanism"
                            (although few in eighteenth-century England used
                            the word, which conjured up memories of the time
                            when Charles I was beheaded), celebrated active
                            participation in public life as the essence of
                            liberty. Tracing its lineage back to Renaissance
                            Florence and beyond that to the ancient world,
                            republicanism held that as a social being, man
                            reached his highest fulfillment in setting aside
                            self-interest to pursue the common good.
                            Republican freedom could be expansive and
                            democratic, as when it spoke of the common rights
                            of the entire community. It also had an exclusive,
                            class-based dimension, in its assumption that only
                            property-owning citizens possessed the quality
                            known as "virtue"--understood in the eighteenth
                            century not simply as a persona], moral quality
                            but as a willingness to subordinate private
                            passions and desires to the public good. "Only a
                            virtuous people are capable of freedom," wrote
                            Benjamin Franklin.

                                If republican liberty was a civic and social
                            quality, which could only be enjoyed by citizens
                            of a "free state" (one ruled in accordance with
                            the consent of the governed), the freedom
                            celebrated by eighteenth-century liberalism was
                            essentially individual and private. According to
                            John Locke, the founding father of modern
                            liberalism, government is established to offer
                            security to the "life, liberties, and estates"
                            that are the natural rights of all mankind, and
                            essentially should be limited to this task.
                            Liberty, for Locke and his eighteenth-century
                            disciples, meant not civic involvement but
                            personal autonomy--"not to be subject to the
                            inconstant, uncertain, unknown Arbitrary Will of
                            another Man." Protecting freedom required
                            shielding a realm of private life and personal
                            concerns--including family relations, religious
                            preferences, and economic activity--from
                            interference by the state. The public good was
                            less an ideal to be consciously pursued by
                            government than the outcome of free individuals'
                            pursuit of their myriad private ambitions.

                                Liberalism, as the historian Pierre Manent
                            puts it, severed the "citizen" from the "man" the
                            political realm of life from the social. Critics
                            condemned it as an excuse for selfishness and lack
                            of civic-mindedness. "The freedom... that I love,"
                            declared Edmund Burke, "is not solitary,
                            unconnected, individual, selfish Liberty. As if
                            every Man was to regulate the whole of his conduct
                            by his own will. The Liberty I mean is social
                            liberty." Yet it is easy to understand
                            liberalism's appeal in the hierarchical Atlantic
                            world of the eighteenth century. It called into
                            question all the legal privileges and governmental
                            arrangements that impeded individual advancement,
                            from the economic prerogatives of chartered
                            corporations to legalized religious intolerance.
                            And in its starting point, that mankind possessed
                            natural rights no government could violate,
                            liberalism opened the door to the disenfranchised,
                            women, and even slaves, to challenge limitations
                            on their own freedom.

                                Eventually, liberalism and republicanism would
                            come to be seen as alternative and contradictory
                            understandings of freedom. In the eighteenth
                            century, however, these languages overlapped and
                            often reinforced one another. Many leaders of the
                            Revolution seem to the modern eye simultaneously
                            republican (in their concern for the public good
                            and citizens' obligations to the polity) and
                            liberal (in their preoccupation with individual
                            rights). Both political ideologies could inspire a
                            commitment to constitutional government, freedom
                            of speech and religion, and restraints on
                            arbitrary power. Both emphasized the security of
                            property as a foundation of freedom. The pervasive
                            influence of Protestant morality, moreover,
                            tempered what later would come to be seen as
                            liberalism's amoralism.

                                Certainly, in the colonial era, "liberty"
                            stood as a meeting point between liberal and
                            republican understandings of government and
                            society. There seemed no necessary contradiction
                            between the personal freedom central to liberalism
                            and the public liberty of the republican
                            tradition. Moreover, whether liberal, republican,
                            or some combination of the two, most
                            eighteenth-century commentators assumed that only
                            certain kinds of persons were fully capable of
                            enjoying the benefits and exercising the rights of
                            freedom. On both sides of the Atlantic, it was an
                            axiom of political thought that dependents lacked
                            a will of their own and thus were incapable of
                            participating in public affairs. Liberty, wrote
                            the influential political theorist Richard Price,
                            rested on "one general idea ...the idea of
                            self-direction or self-government." Those who did
                            not control their own lives ought not to have a
                            voice in governing the state. Political freedom
                            required economic independence.

                                Property, therefore, was "interwoven" with
                            eighteenth-century understandings of freedom, as
                            the New York publisher John Peter Zenger put it in
                            1735. The independence entailed by property was an
                            indispensable basis of liberty. Dr. Samuel
                            Johnson's dictionary defined "independence" as
                            "freedom" and Thomas Jefferson insisted that
                            dependence "begets subservience and venality,
                            suffocates the germ of virtue, and prepares fit
                            tools for the designs of ambition." Hence the
                            ubiquity of property qualifications for voting in
                            Britain and the colonies. The "true reason" for
                            such requirements, Sir William Blackstone
                            explained in his Commentaries on the Laws of
                            England (1765-69), was that men without property
                            would inevitably fall "under the immediate
                            domination of others." Lacking a will of their
                            own, their votes would threaten the "general
                            liberty." Not only personal dependence, as in the
                            case of a domestic servant, but working for wages
                            was widely viewed as disreputable. In seventeenth-
                            and eighteenth-century England, wage labor was
                            associated with servility and loss of liberty;
                            only those who controlled their own labor could be
                            regarded as fully free. British popular ballads
                            and folk tales romanticized vagabonds, gypsies,
                            highwaymen, even beggars as more free than those
                            who worked for wages. Many years would pass before
                            the idea that wage labor was compatible with
                            genuine freedom gained broad public acceptance.

                                Those who drew up plans to colonize British
                            North America expected to reproduce the
                            hierarchical social structure of the mother
                            country. But from the earliest days of settlement,
                            migrants from Britain and the Continent held the
                            promise of the New World to be liberation from the
                            economic inequalities and widespread economic
                            dependence of the Old. John Smith had barely
                            landed at Jamestown in 1607 when he observed that
                            in America, "every man may be master and owner of
                            his owne labour and land." During the whole of the
                            colonial era, most free immigrants expected to
                            achieve economic autonomy, an anticipation
                            encouraged by promotional literature that lured
                            settlers by publicizing the notion of the New
                            World as a place of exceptional opportunity for
                            the acquisition of property. The visions of
                            liberty that emigrants brought to colonial America
                            always included the promise of economic
                            independence and the ability to pass a freehold on
                            to one's children.

                                Defining freedom in terms of economic
                            independence drew a sharp line between those
                            classes capable of fully enjoying its benefits and
                            those who were not. In the eighteenth century,
                            economic autonomy was far beyond the reach of most
                            Britons. Even in colonial America, most of the
                            population was not, by this standard, truly free.
                            Lacking a hereditary aristocracy like that of
                            England, colonists prided themselves on having "no
                            rank above that of freeman." But there were many
                            ranks below. The half million slaves who labored
                            in the mainland colonies on the eve of
                            independence obviously stood outside the circle of
                            free persons. For free women, whose civic identity
                            was subsumed within that of their fathers and
                            husbands, and who had no legal claim to their own
                            labor, opportunities for economic autonomy barely
                            existed. Women, moreover, were deemed by men
                            deficient in rationality, courage, and the broad
                            capacity for self-determination--the qualities
                            necessary in the public-spirited citizen. Indeed,
                            the ideal of independence was partly defined by
                            gender; whether in the economy or polity, autonomy
                            was a masculine trait, dependence the normal lot
                            of women.

                                Even among the white male population, it is
                            sometimes forgotten, many varieties of partial
                            freedom coexisted in colonial America, including
                            indentured servants, apprentices, domestic
                            laborers, transported convicts, and sailors
                            impressed into service in the Royal Navy. Freedom
                            in colonial America existed along a continuum from
                            the slave, stripped of all rights, to the
                            independent property owner, and during a lifetime
                            an individual might well occupy more than one
                            place on this spectrum. Indentured servants, who
                            voluntarily surrendered their freedom for a
                            specified time, comprised a major part of the
                            nonslave labor force throughout the colonial era.
                            As late as the early 1770s, nearly half the
                            immigrants who arrived in America from England and
                            Scotland had entered into contracts for a fixed
                            period of labor in exchange for passage.
                            Indentured servants often worked in the fields
                            alongside slaves. Like slaves, servants could be
                            bought and sold, were subject to corporal
                            punishment, and their obligation to fulfill their
                            duties ("specific performance," in legal
                            terminology) was enforced by the courts. "Many
                            Negroes are better used," complained one female
                            indentured servant in 1756; she went on to
                            describe being forced to work "day and night
                            ...then tied up and whipped." But, of course,
                            unlike slaves, servants could look forward to
                            freedom from their servitude. Assuming they
                            survived their period of labor (and many in the
                            early years did not), servants would be released
                            from dependency and receive "freedom dues"
                            Servants, a Pennsylvania judge remarked in 1793,
                            occupied "a middle rank between slaves and
                            freemen."

                                The prevalence of so many less than free
                            workers underpinned the widespread reality of
                            economic independence, and therefore freedom, for
                            propertied male heads of households. This was most
                            obvious in the case of slaveholding planters, who
                            already equated freedom with mastership, but also
                            true of the countless artisans in northern cities
                            who owned a slave or two and employed indentured
                            servants and apprentices. (In New York City and
                            Philadelphia, artisans and tradesmen, who prided
                            themselves on their own independence, dominated
                            the ranks of slaveholders.) And the vaunted
                            independence of the yeoman farmer depended in
                            considerable measure on the labor of dependent
                            women. The popular adage, "Women's work is never
                            done," was literally true; the cooking, cleaning,
                            sewing, and assistance in agricultural chores by
                            farmers' wives and daughters often spelled the
                            difference between self-sufficiency and economic
                            dependence. In the household-based economy of
                            colonial America, autonomy rested on command over
                            others. "Freedom and dependence," wrote the
                            Pennsylvania jurist James Wilson in 1774, were
                            "opposite and irreconcilable terms." Wilson failed
                            to note that since the free man was, by
                            definition, master of a household, freedom and
                            dependence were also inextricably connected.

                                The eighteenth century witnessed an increase
                            in social stratification in colonial America and
                            the rise of a wealthy gentry exercising more and
                            more dominance over civil, religious, and economic
                            institutions, and demanding deference from their
                            social inferiors. Nonetheless, by the time of the
                            Revolution, the majority of the non-slave male
                            population were farmers who owned their own land.
                            With the household still the center of economic
                            production, the propertyless were a far smaller
                            proportion of the population than in Britain and
                            wage labor far less prevalent. Among the free
                            population, property was more widely distributed
                            than anywhere in Europe. In colonial America,
                            writes one historian, lived "thousands of the
                            freest individuals the Western world had ever
                            known."

                                Thus, an abhorrence of personal dependence and
                            the equation of freedom with autonomy sank deep
                            roots in British North America not simply as part
                            of an ideological inheritance, but because these
                            beliefs accorded with social reality--a wide
                            distribution of productive property that made a
                            modicum of economic independence part of the lived
                            experience of large numbers of colonists. What the
                            French essayist Hector St. John Crevecoeur
                            identified in 1782 as the hallmark of American
                            society--its "pleasing uniformity of decent
                            competence"--would form the material basis for the
                            later definition of the United States as a
                            "producer's republic," as well as its corollary,
                            that widespread ownership of property was the
                            social precondition of freedom.

                                          Democratizing Freedom

                            with its wide distribution of property (and
                            therefore a broadly participatory political life),
                            weak aristocratic power, and an established church
                            far less powerful than in Britain, colonial
                            America was a society with deep democratic
                            potential. But it took the struggle for
                            independence to transform this society not only
                            into a republican polity without a king but into a
                            nation that enshrined equality and opportunity as
                            its raisons d'etre and proudly proclaimed itself
                            an asylum for liberty for all mankind. The
                            Revolution unleashed public debates and political
                            and social struggles that democratized the concept
                            of freedom.

                                The American Revolution was fought in the name
                            of liberty. On the road to independence, no word
                            was more frequently invoked, although it rarely
                            received precise definition. There were liberty
                            trees, liberty poles, Sons and Daughters of
                            Liberty, and an endless parade of pamphlets with
                            titles like A Chariot of Liberty and Oration on
                            the Beauties of Liberty (the latter, a sermon
                            delivered in Boston by Joseph Allen in 1772,
                            became the most popular public address of the
                            years before independence). Throughout the
                            colonies, British measures like the Stamp Act of
                            1765 were greeted by mock funerals of liberty,
                            carefully choreographed spectacles in which a
                            coffin was carried to a burial ground only to have
                            the occupant miraculously revived at the last
                            moment (whereupon the assembled multitude repaired
                            to a tavern to celebrate). Liberty was more than
                            an idea for those resisting British authority; it
                            was a passion. Sober men spoke longingly of the
                            "sweets of liberty" Ail sorts of hopes and
                            expectations came to be embodied in the idea of
                            freedom. Commented a British emigrant who arrived
                            in Maryland early in 1775: "They are all liberty
                            mad."

                                Americans during the age of revolution did not
                            start out to transform the rights of Englishmen
                            into the rights of man. The very first colonial
                            charter--Virginia's, in 1606--had granted settlers
                            the same "Liberties, Franchises, and Immunities"
                            as if they resided "in our Realm of England." And
                            a century and a half later, American colonists
                            shared in the intensification of British
                            nationalism, reaffirming their loyalty to king and
                            constitution. Resistance to British revenue
                            measures of the 1760s began by invoking Americans'
                            "rights as British subjects" within the framework
                            established by the British constitution, "the best
                            that ever existed among men." At the outset,
                            opposition to imperial policies invoked
                            time-honored British principles (no taxation
                            without representation, trial by jury) and
                            employed modes of resistance long familiar in the
                            mother country, from petitions and pamphlets to
                            crowd activity. British measures of the 1760s like
                            the Stamp Act, Quartering Act, and Townshend
                            Duties were sometimes assailed in terms of natural
                            rights, but far more frequently in the name of the
                            "rights and privileges of freeborn Englishmen,"
                            especially freedom from arbitrary government,
                            security of property, and the right to live in a
                            political community to whose laws a people,
                            through their representatives, had given consent.
                            As late as 1774, appeals to natural law were often
                            combined with a hodgepodge of other claims to
                            liberty, as in the "ancient, constitutional, and
                            chartered Rights" invoked by Virginians. In the
                            same year, the first Continental Congress defended
                            its actions by appealing to the "principles of the
                            English constitution" and the "liberties ...of
                            free and natural-born subjects, within the realm
                            of England."

                                As the conflict deepened, however, colonial
                            leaders came to interpret metropolitan policies as
                            part and parcel of an immense conspiracy to
                            destroy the liberty of America, and their own
                            resistance not merely as a struggle over specific
                            legislation but as an episode in a global conflict
                            between freedom and despotism. The Intolerable
                            Acts of 1774, which suspended the Massachusetts
                            legislature and closed the port of Boston,
                            represented the final stage in this British design
                            "for enslaving the colonies." Now, the right to
                            resist arbitrary authority and the identification
                            of liberty with the cause of God, so deeply
                            ingrained by the imperial struggles of the
                            eighteenth century, were invoked against Britain
                            itself.

                                The coming of independence rendered the rights
                            of freeborn Englishmen irrelevant in America. As
                            late as March 1775, Edmund Burke assured the
                            British Parliament that the colonists were devoted
                            not to "abstract liberty" but to "liberty
                            according to English ideas, and on English
                            principles." But the deepening crisis inevitably
                            pushed Americans to ground their claims in the
                            more abstract language of natural rights and
                            universal liberty. In a merging of the evangelical
                            belief in the New World as the future seat of
                            "perfect freedom" with the secular vision of the
                            Old as sunk in debauchery and arbitrary rule, the
                            idea of British liberty was transformed into a set
                            of universal rights, with America a sanctuary of
                            freedom for humanity. Ironically, it took an
                            emigrant from the lower classes of England, who
                            only arrived in America in 1774, fully to grasp
                            this breathtaking vision of the meaning of
                            independence. As Thomas Paine proclaimed in
                            January 1776 in the most widely read pamphlet of
                            the era, Common Sense:

                                 O! ye that love mankind ... stand forth!
                                 Every spot of the old world is overrun
                                 with oppression. Freedom hath been
                                 hunted round the globe. Asia and Africa
                                 have long expelled her. Europe regards
                                 her as a stranger, and England hath
                                 given her warning to depart. O! receive
                                 the fugitive, and prepare in time an
                                 asylum for mankind.

                                Written, as Paine later observed, to help men
                            "to be free, Common Sense announced a prophecy
                            from which would spring the nineteenth-century
                            idea of the United States as an "empire of
                            liberty." Unburdened by the
                            institutions--monarchy, aristocracy, hereditary
                            privilege--that oppressed the peoples of the Old
                            World, America, and America alone, was the place
                            where the principle of universal freedom could
                            take root. Six months later, the Declaration of
                            Independence would legitimate American rebellion
                            not merely by invoking British efforts to
                            establish "absolute tyranny" over the colonies but
                            by referring to the natural, unalienable rights of
                            mankind, among which liberty was second only to
                            life itself. In the Declaration, "the Laws of
                            Nature and Nature's God," not the British
                            constitution or the heritage of the freeborn
                            Englishman, justified independence. The idea of
                            liberty as a natural right became a revolutionary
                            rallying cry, a standard by which to judge
                            existing institutions and a justification for
                            their overthrow. No longer a set of specific
                            rights, no longer a privilege to be enjoyed by a
                            corporate body or people in specific social
                            circumstances, liberty had become a universal,
                            open-ended entitlement. And the contradiction
                            between the ideal of universal liberty and the
                            reality of a society beset with inequalities would
                            bedevil American public life during the Revolution
                            and long thereafter.

                                Thus, if the roots of American freedom lay in
                            the traditions of Christian liberty and of the
                            freeborn Englishman, its emergence as a new and
                            distinct ideology grew out of the struggle for
                            independence and the creation of a nation-state
                            that defined itself, in James Madison's words, as
                            the "workshop of liberty to the Civilized World."
                            In this "republic of the mind," to borrow a phrase
                            from Rousseau, a newly invented national history
                            and a putative national destiny both revolved
                            around the idea of freedom. "Our forefathers,"
                            Jefferson wrote in 1775, "left their native land
                            to seek on these shores a residence for civil and
                            religious freedom," an inspiring if somewhat
                            limited account of the numerous motives that had
                            brought colonists to America. As for the future,
                            Paine's stirring remark in Common Sense, "we have
                            it in our power to begin the world over again,"
                            epitomized a sense that the American Revolution
                            was an event of transcendent historical
                            importance, an idea reiterated in countless
                            sermons, political tracts, and newspaper articles
                            of the time. From the beginning, devotion to
                            freedom formed the essence of American
                            nationalism.

                                A stunning repudiation of imperial authority,
                            the Revolution also unleashed challenges to
                            inherited structures of power at home. The real
                            revolution, Paine would write, was intellectual:
                            "We see with other eyes; we hear with other ears;
                            and think with other thoughts, than those we
                            formerly used." In rejecting the crown, as well as
                            the principle of hereditary aristocracy, many
                            Americans also rejected the very idea of human
                            inequality and the society of privilege,
                            patronage, and fixed status that these venerable
                            traditions embodied. Jefferson's seemingly
                            matter-of-fact assertion in the Declaration--"all
                            men are created equal"--announced a truly radical
                            principle, whose full implications no one could
                            anticipate. In British North America, a
                            well-ordered society was thought to depend on
                            obedience to authority--the power of rulers over
                            their subjects, husbands over wives, parents over
                            children, masters over servants and apprentices,
                            slaveholders over slaves. Inequality had been
                            fundamental to the colonial social order; the
                            Revolution in many ways made it illegitimate.
                            Henceforth, American freedom would be inextricably
                            linked with the idea of equality (at least for
                            those within the circle of free citizens):
                            equality before the law, equality in political
                            rights, equality of economic opportunity, and, for
                            some, equality of condition. "Whenever I use the
                            words freedom or rights," Paine explained, "I
                            desire to be understood to mean a perfect equality
                            of them ... The floor of Freedom is as level as
                            water."

                                In the egalitarian atmosphere of revolutionary
                            America, long-accepted relations of dependency and
                            forms of unfreedom suddenly appeared illegitimate.
                            Abigail Adams's plea to her husband to "remember
                            the ladies," her reminder that women, no less than
                            men, ought not to be "bound by any laws in which
                            we have no voice or representation," is widely
                            remembered today. Less familiar is John Adams's
                            response, which illuminated the crumbling of all
                            sorts of inherited ideas of deference:

                                 We have been told that our struggle has
                                 loosened the bonds of government
                                 everywhere; that children and
                                 apprentices were disobedient; that
                                 schools and colleges were grown
                                 turbulent; that Indians slighted their
                                 guardians, and negroes grew insolent to
                                 their masters.

                            To John Adams, this egalitarian upheaval,
                            including his wife's claim to political freedom,
                            was an affront to the natural order of things.

                                In the end, the Revolution did not undo the
                            obedience to which male heads of household were
                            entitled from their wives, children, employees,
                            and slaves. For free men, however, the
                            democratization of freedom was dramatic, and
                            nowhere more so than in challenges to the
                            traditional limitation of political participation
                            to those who owned property. "We are all, from the
                            cobbler up to the senator, become politicians,"
                            declared a Boston letterwriter in 1774. Throughout
                            the colonies, election campaigns became
                            freewheeling debates on the fundamentals of
                            government, in which annual elections, universal
                            manhood suffrage, religious toleration, even the
                            abolition of slavery, were debated not only by the
                            educated elite but by artisans, small farmers, and
                            laborers, now emerging as a self-conscious element
                            in politics. The militia, composed largely of
                            members of the "lower orders," including servants
                            and apprentices, became a "school of political
                            democracy." Its members demanded the right to
                            elect all their officers and insisted on the
                            enfranchisement of all soldiers, whether or not
                            they met age and property qualifications. They
                            thereby established a long-lasting tradition
                            whereby service in the army enabled excluded
                            groups to stake a claim to full citizenship.

                                Those who during the Revolution demanded
                            annual elections and an expansion of the right to
                            vote envisioned not simply severing the link
                            between property and suffrage but a redefinition
                            of "property" itself. By the end of the
                            revolutionary era, the concept of property had
                            expanded to include rights and liberties as well
                            as physical possessions. "A man," Madison declared
                            at the Constitutional Convention of 1787, "has
                            property in his opinions and the free
                            communication of them, he has property in ... the
                            safety and liberty of his person." A few years
                            later, he would speak of government's obligation
                            to protect both the right to hold property and a
                            citizen's "property" in his rights. Rather than
                            property serving as a requirement to qualify for
                            freedom, in other words, freedom could be imagined
                            as a form of property.

                                The idea that property included ownership of
                            one's self helped to democratize the political
                            nation. If all persons had a property in their
                            rights, then there was no logical reason why all
                            should not participate in government. Before
                            independence, the right to vote had been subject
                            to complex restrictions, which varied from colony
                            to colony. Everywhere, property qualifications,
                            while less exclusionary than in England because of
                            the wide distribution of ownership, barred those
                            deemed incapable of independent
                            judgment--journeymen, servants, apprentices, and
                            the poor. Women were generally excluded from
                            voting (although occasionally propertied females,
                            usually widows, did cast ballots), and many
                            colonies also imposed religious qualifications of
                            one kind or another. The struggle for independence
                            galvanized participation by hundreds of thousands
                            of those outside the political nation. "Every poor
                            man," claimed a Maryland writer, "has a life, a
                            personal liberty, and a right to his earnings."
                            Hence, voting was a universal entitlement, not a
                            privilege: the "inherent right of free suffrage
                            was "the grandest right of a freeman." "The
                            suffrage," declared a 1776 petition of
                            disenfranchised North Carolinians, was "a right
                            essential to and inseparable from freedom."

                                Conservative patriots struggled valiantly to
                            reassert the rationale for the old restrictions.
                            Property, and property alone, John Adams insisted,
                            meant independence; those without it had no
                            "judgment of their own. They talk and vote as they
                            are directed by some man of property." The removal
                            of property qualifications, Adams feared, would
                            "confound and destroy all distinctions, and
                            prostrate all ranks to one common level" This was
                            precisely the aim, however, of the era's radical
                            democrats. Yet, while moving much of the way
                            toward the idea of voting as an entitlement rather
                            than a privilege, they generally stopped short of
                            universal suffrage, even for free men. The most
                            democratic new state constitutions, such as
                            Pennsylvania's, eliminated property
                            qualifications, but substituted a taxpaying
                            requirement, enfranchising nearly all of the
                            state's free male population but leaving a small
                            number, mainly paupers and domestic servants,
                            still barred from voting. Even Paine, who
                            considered the right to political participation
                            "to be inseparable from the man as man," believed
                            it could be forfeited for a time by those who
                            chose to work as servants in homes and therefore
                            voluntarily surrendered their autonomy. Paine
                            still assumed that "freedom is destroyed by
                            dependence." Nonetheless, since paying taxes did
                            not make a man economically independent, the
                            taxpaying requirement for voting represented a
                            dramatic departure from colonial practice. It
                            elevated "personal liberty" in the words of one
                            Maryland essayist, to a position more important
                            than property ownership in defining the boundaries
                            of the political nation.

                                Overall, the Revolution witnessed a great
                            expansion of the right to vote, through the
                            substitution of taxpaying for property
                            requirements in some states, the substantial
                            reduction of the freehold qualification in others,
                            and the widespread enfranchisement of soldiers.
                            The debate over the suffrage would, of course,
                            continue for many decades. For white men, the
                            process of democratization did not run its course
                            until the Age of Jackson; for women and nonwhites,
                            it would take much longer. But even during the
                            Revolution, the process had a profound effect on
                            prevailing definitions of freedom. In the popular
                            language of politics, if not in law, freedom and
                            the suffrage had become interchangeable. "How can
                            a Man be said to [be] free and independent," asked
                            residents of Lenox, Massachusetts, in 1778, "when
                            he has not a voice allowed him" in elections?
                            Henceforth, political freedom--the right to
                            self-government--would mean not only, as in the
                            past, a people's right to be ruled by their chosen
                            representatives, but an individual's right to
                            political participation.

                                In economic as well as political affairs, the
                            Revolution redrew the boundary between the free
                            and the unfree. In colonial America, slavery was
                            one less-than-free system of labor among many. In
                            the generation after independence, with the rapid
                            decline of indentured servitude and
                            apprenticeship, and the transformation of paid
                            domestic service into an occupation for blacks and
                            white females, the halfway houses between slavery
                            and freedom disappeared (at least for white men).
                            The demise of these forms of labor, well before
                            they ceased to be widespread in Britain, had many
                            causes, including the growing availability of wage
                            workers and the actions of considerable numbers of
                            servants and apprentices who took advantage of the
                            turmoil of the Revolution to abscond from their
                            masters. But the democratization of freedom played
                            an important part. There could be no such thing as
                            "partial liberty" and servitude increasingly came
                            to be seen as incompatible with republican
                            citizenship. In 1784, a group of "respectable" New
                            Yorkers released a newly arrived shipload of
                            indentured servants on the grounds that their
                            status was "contrary to...the idea of liberty this
                            country has so happily established"

                                By 1800, indentured servitude had all but
                            disappeared from the United States, and
                            apprenticeship was on the wane, developments that
                            sharpened the dichotomy between freedom and
                            slavery and between a northern economy relying on
                            what would come to be called "free labor" and a
                            South ever more heavily bound to the labor of
                            slaves. In the process, the very meaning of the
                            words "master" and "servant" were transformed. In
                            the North, where they were deemed an affront to
                            personal liberty, they fell into disuse. Wage
                            laborers now referred to their employer as the
                            "boss" rather than the "master" and domestic
                            servants were now called "help." In the South,
                            "master" meant slaveowner and "servant" became a
                            euphemism for slave.

                                Buffeted by unexpected events, Americans of
                            the revolutionary era probed not only the
                            definition of freedom but the means for its
                            preservation. Preoccupied with the social
                            conditions of freedom, they worried about whether
                            a republic could survive with a sizable dependent
                            class of citizens. Virginia's influential
                            Declaration of Rights of June 1776, written by the
                            planter and political leader George Mason, spoke
                            of citizens as "equally free and independent,"
                            suggesting a connection between the qualities of
                            freedom, independence, and equality. "A general
                            and tolerably equal distribution of landed
                            property," proclaimed Noah Webster, "is the whole
                            basis of national freedom." "Equality,' he added,
                            was "the very soul of a republic," outstripping in
                            importance liberty of the press, trial by jury,
                            and other "palladia of freedom." Even a
                            conservative like John Adams, who distrusted the
                            era's democratic pretensions, still believed that
                            "equal liberty" required enabling "every member of
                            society" to acquire land, "so that the multitude
                            may be possessed of small estates." The goal was
                            less real equality of condition than widespread
                            household independence, and the elimination of
                            social conditions such as extensive poverty deemed
                            to make autonomy impossible.

                                When Jefferson substituted "the pursuit of
                            happiness" for "property" in the familiar Lockean
                            triad that opened the Declaration of Independence,
                            he tied the new nation's star to an open-ended,
                            democratic process whereby individuals develop
                            their own potential and seek to realize their own
                            life goals. Individual self-fulfillment, unimpeded
                            by government, would become a central element of
                            American freedom. If taken seriously as a goal,
                            equality of opportunity can have results nearly as
                            disruptive of traditional institutions and
                            hierarchies as demands for equality of condition.
                            Certainly, many leaders of the Revolution assumed
                            that in the new republic, equality of opportunity
                            would lead to a rough equality of condition. With
                            hereditary privileges and mercantilist monopolies
                            dismantled, with access to wealth thrown open to
                            all men of talent, "perfect liberty" of trade and
                            freedom for laborers to seek desirable employment
                            would allow all industrious citizens to acquire
                            property. Especially in the exceptional
                            circumstances of the New World, with its vast
                            areas of available land and large population of
                            independent farmers and artisans, there seemed no
                            contradiction between a laissez-faire economy and
                            widespread economic autonomy. In the absence of
                            government favoritism, the natural workings of
                            society would produce justice, liberty, and
                            equality. Jefferson argued that, given the rapid
                            growth of international demand for American grain,
                            freedom of commerce would benefit ordinary
                            Americans, creating the material conditions for an
                            industrious, property-owning citizenry. A limited
                            government would allow citizens both to achieve
                            economic independence and to become virtuous, thus
                            reconciling order and freedom, equality and
                            liberty?

                                The reinforced equation of autonomy and
                            liberty inevitably raised the question of the
                            social preconditions of freedom. If economic
                            dependence created political subservience, should
                            not the citizens of a republic be guaranteed
                            access to productive property? The linkage of
                            property ownership and liberty, previously
                            employed to draw the political nation's boundary
                            so as to exclude those without property, could be
                            transformed into a political entitlement by those
                            seeking land. From conflict over access to western
                            lands not only with Britain but with creditors,
                            landlords, and Indians, for example, settlers on
                            the frontier forged their own distinctive language
                            of freedom. When a group of Ohioans petitioned
                            Congress in 1785 assailing landlords and
                            speculators who engrossed available acreage, their
                            motto was "Grant us Liberty." Settlers' claims for
                            preferential access to land rested on the idea
                            that possession of property, as a North Carolina
                            congressman put it, was "a situation incident to
                            freedom and desired by all."

                                Others sought different ways for the
                            government to ensure economic autonomy--and
                            therefore freedom--to those who did not possess
                            it. At the Revolution's radical edge, the cry of
                            equality led to demands for government to ensure
                            that all Americans enjoyed equally "the blessings
                            and benefits" arising from national independence.
                            The democratization of state government after
                            independence unleashed a flood of enactments aimed
                            at bolstering economic autonomy: debtor relief,
                            more equitable taxation, and direct grants of land
                            to those who did not possess it. In the name of
                            liberty, demands were even raised for limits on
                            the amount of property any individual could
                            accumulate. Whatever the wisdom of individual
                            measures (and taken together, they so alarmed
                            proponents of prudent fiscal and economic policy
                            that they inspired the movement for a stronger
                            national government that culminated in the writing
                            of the U.S. Constitution), the debate itself
                            suggested that the Revolution had thrust to the
                            forefront of politics the question of the economic
                            conditions of freedom.

                                Like many other Americans of his generation,
                            Thomas Jefferson believed that to lack economic
                            resources was to lack freedom. Jefferson favored a
                            limited state, but simultaneously believed
                            government could help create freedom's
                            institutional framework. Among his proudest
                            achievements were the Virginia laws abolishing
                            entail (the limitation of inheritance to a
                            specified line of heirs to keep an estate within a
                            family) and primogeniture (a law providing for the
                            passing of a family's land entirely to the eldest
                            son), so as to prevent the rise of a "future
                            aristocracy" and lay the foundation for "a
                            government truly republican." To To the same end,
                            Jefferson proposed to award fifty acres of land to
                            "every person of full age" who did not already
                            possess it, another way government could enhance
                            the liberty of its subjects.

                                Jefferson's lifelong friend and colleague,
                            James Madison, agreed that the small, independent
                            farmer constituted "the best basis of public
                            liberty." Legislation in a republic, Madison
                            wrote, should aim to "reduce extreme wealth toward
                            a state of mediocrity, and to raise extreme
                            indigence toward a state of comfort." But lacking
                            Jefferson's congenital optimism, Madison was
                            obsessed by fear that conditions of relative
                            economic equality would prove temporary. Economic
                            development, he warned the Constitutional
                            Convention, would inevitably produce a society
                            with a non-propertied majority and class conflict
                            between rich and poor. How could government
                            resting on the popular will survive when a
                            democratic majority, resenting its propertyless
                            status, might seek to despoil the rich? For
                            Madison, the answer was to structure government so
                            as to prevent any single economic interest from
                            achieving power. With its elaborate system of
                            checks and balances and divided sovereignty, the
                            Constitution was designed, in part, to enable
                            republican government to survive the rise of
                            economic inequality (and to render unequal
                            concentrations of property immune from
                            governmental interference). But Madison and
                            Jefferson also believed that the new nation's
                            unique circumstances could long delay the rise of
                            economic inequalities on the scale of Great
                            Britain and Europe. Westward expansion, an option
                            obviously not available to the Old World, would
                            underpin the "regime of liberty" in the New. Here,
                            indeed, was a powerful and enduring American
                            dream--a society of free individuals made equal by
                            the bounty of nature.

                                Was energetic government a threat to liberty,
                            or, in the hands of a virtuous citizenry, the
                            embodiment of political freedom? For Paine,
                            government was a necessary evil, a "badge of lost
                            innocence." To Samuel Adams, writing in 1785,
                            political authority could hardly be seen as a
                            danger to freedom, since "our government at
                            present has liberty for its object." Yet the
                            egalitarian upsurge unleashed by the Revolution
                            produced fears among influential leaders in many
                            states that the experiment in independence would
                            founder unless ways were found to insulate
                            government from popular passions. In creating a
                            structure of government that aimed, among other
                            things, at securing "the blessings of liberty,"
                            the writers of the Constitution institutionalized
                            new understandings of political freedom and civil
                            liberty that would profoundly affect the future
                            course of American history.

                                During the struggle for independence, a
                            Massachusetts writer commented while the
                            Constitution was being debated, "the public rage
                            was on the side of liberty." Among the framers,
                            however, liberty had lost some of its luster. In
                            1775, John Adams had insisted that "a democratic
                            despotism is a contradiction in terms." But
                            nationalists like Madison became convinced during
                            the 1780s that popular self-government, the
                            essence of political freedom, threatened the
                            security of property and must be restrained so
                            that freedom might flourish. "Liberty," Madison
                            would write in The Federalist, "may be endangered
                            by the abuses of liberty as well as the abuses of
                            power." Or to put it another way, private liberty
                            could be endangered by public liberty, personal
                            liberty by political liberty--that is, by power in
                            the hands of the people. Madison had in mind the
                            boisterous state-level democracy of the 1780s and
                            collective attacks on public order like Shays'
                            Rebellion of 1786--87, when debt-ridden farmers,
                            many of them former soldiers in the War for
                            Independence, closed the courts in western
                            Massachusetts to prevent the loss of their
                            property to creditors. That they employed liberty
                            trees and liberty poles, the emblems of the
                            struggle for independence, as symbols of their own
                            cause did nothing to endear them to defenders of
                            law and order.

                                Ultimately, the framers of the Constitution
                            sought to reconcile republican government and
                            social stability by diffusing political power,
                            barring states from abridging the rights of
                            property, and balancing the self-interested
                            ambitions of competing social groups against one
                            another. Madison did not abandon the idea that
                            "virtue in the people" was the essential
                            underpinning of freedom. But in a world in which
                            self-interest appeared to overwhelm civic virtue,
                            the preservation of liberty would have to rely on
                            the machinery of government itself, not the
                            character of the people--a major step in the shift
                            from republican to liberal premises among the
                            political elite. Nonetheless, the republican idea
                            that political decisions and economic
                            relationships ought to reflect concern for the
                            common good rather than private gain long survived
                            the revolutionary era.

                                Madison, Alexander Hamilton, and the other
                            architects of the Constitution were
                            nation-builders. Hamilton was perhaps the most
                            vigorous proponent of an "energetic" government
                            that would enable the new nation to become a
                            powerful commercial and diplomatic presence in
                            world affairs. Power and liberty, he insisted,
                            were complementary, not antithetical, for freedom
                            required "a proper degree of authority, to make
                            and execute the laws with vigor." Although he did
                            not envision the federal government as quite so
                            assertive a power as Hamilton did, Madison too
                            sought to enhance national authority. The danger
                            to liberty, Madison believed, lay in unchecked
                            majority power at the state level. While the
                            convention rejected Madison's proposal to empower
                            Congress to override state laws, the Constitution
                            created a central government far more powerful
                            than the weak authority established by the
                            Articles of Confederation, the preceding frame of
                            government.

                                Thus the framers of the Constitution viewed
                            freedom both as the foundation of governmental
                            authority and as a threat to proper governance
                            that must be kept in check. In this sense, it
                            represented a retreat from the ebullient
                            democratic upsurge that had accompanied the
                            struggle for independence. "The same enthusiasm,
                            now pervades all classes in favor of government,"
                            observed Benjamin Rush, a leader of the
                            independence struggle in Pennsylvania, "that
                            actuated us in favor of liberty in the years 1774
                            and 1775." Whether "all classes" truly concurred
                            may be doubted, for the ratification process
                            unleashed a nationwide debate over the best means
                            of preserving political freedom. Anti-Federalists,
                            as opponents of ratification were called, insisted
                            that the Constitution shifted the balance between
                            liberty and authority too far in the direction of
                            the latter. Freedom, they believed, was more
                            secure in the hands of smaller communities
                            pursuing the common good than a distant federal
                            power protecting private interests. The
                            "consolidated government" envisioned by the
                            Constitution, complained Patrick Henry, might
                            produce "a great and mighty empire," but at the
                            cost of freedom. "What is Liberty?" asked James
                            Lincoln of South Carolina. "The power of governing
                            yourselves. If you adopt this Constitution, have
                            you this power? No."

                                In the end, of course, ratification was
                            achieved, partly in exchange for adding the Bill
                            of Rights. The original document, Anti-Federalists
                            charged, left unprotected from governmental
                            interference "those unalienable and personal
                            rights of men" without which "there can be no
                            liberty." Madison was so convinced that the
                            balances of the Constitution would protect liberty
                            that he believed a Bill of Rights "redundant or
                            pointless." Amendments restraining federal power,
                            he believed, would have no effect on the danger to
                            liberty posed by unchecked majorities in the
                            individual states, and no list of rights could
                            ever anticipate the myriad ways that legislatures
                            might operate in the future. "Parchment barriers"
                            to the abuse of authority would prove least
                            effective when most needed--an observation amply
                            borne out in such times of popular hysteria as the
                            Red Scare following World War I or the McCarthy
                            era of the 1950s, when all branches of government
                            joined in trampling with impunity on freedom of
                            expression.

                                Today, when Americans are asked to define
                            freedom, they instinctively turn to the Bill of
                            Rights and especially the First Amendment, with
                            its guarantees of freedom of speech, the press,
                            and religion. Yet the Bill of Rights aroused
                            little enthusiasm on ratification and for decades
                            was all but ignored. Not until the twentieth
                            century would it come to be revered as a
                            quintessential expression of American freedom.
                            Nonetheless, the Bill of Rights subtly affected
                            the language of liberty. Applying only to the
                            federal government, not the states, it reinforced
                            the idea that concentrated national power posed
                            the greatest threat to freedom. And it initiated a
                            long process whereby freedom came to be discussed
                            in the vocabulary of rights--a descendant of the
                            old definition of liberty as a set of specific
                            legalized powers and privileges, now applying to
                            all "the people" who formed the political nation,
                            not particular groups or localities. What the
                            twentieth century would call "rights talk"
                            embodied a persistent tension in American life
                            between liberty and democracy. For rights are
                            simultaneously democratic and a negation of
                            democracy--democratic in that they can be claimed
                            by everyone; undemocratic in that they need to be
                            protected against abuses of power, including the
                            power of the people themselves. Freedom of speech
                            and the press, for example, were defended both as
                            protections against governmental intrusion on
                            individual expression and as essential elements in
                            democratic governance, since without a free flow
                            of ideas and information, voters and legislators
                            cannot reach decisions intelligently.

                                Nonetheless, the idea of free speech as a
                            personal, individual right, a view encouraged by
                            the First Amendment, was indeed a radical
                            departure. The term "freedom of speech" had
                            originated in Britain to protect unrestrained
                            discussion in Parliament; initially, it referred
                            to legislators' immunity from prosecution for
                            statements made during debate, not the right of
                            citizens to criticize the government. Throughout
                            the colonial era, individuals and editors were
                            prosecuted for "seditious" remarks about members
                            of legislatures and their actions. The colonial
                            press teemed with polemics on political questions,
                            and the 1734 acquittal of John Peter Zenger for
                            his criticisms of New York's royal governor had
                            long since established truth as a defense against
                            prosecution for seditious libel. Yet even
                            Jefferson, who fervently believed that "liberty
                            depends on freedom of the press," also insisted
                            that those who misled the public by printing
                            "false facts" should be liable to punishment.
                            Nonetheless, if the legal implementation of these
                            rights remained to be worked out, the Bill of
                            Rights did much to establish freedom of speech and
                            the press as cornerstones of the popular
                            understanding of American freedom.

                                Even more remarkable was the constitutional
                            recognition of religious freedom. In Britain,
                            Dissenters had long invoked the language of
                            liberty in seeking repeal of the Test and
                            Corporation Acts, which imposed various
                            disabilities on non-Anglicans. (Few, however,
                            included Catholics in their ringing calls for
                            religious freedom.) With numerous religious
                            denominations, among them Quakers, Anglicans,
                            Mennonites, Moravians, Lutherans, Presbyterians,
                            Baptists, Roman Catholics, and Jews, the colonies
                            enjoyed a greater degree of religious liberty than
                            the mother country. But while colonies like Rhode
                            Island and Pennsylvania had long made a practice
                            of toleration, religious freedom before the
                            Revolution arose more from the reality of
                            religious pluralism than from a theory of
                            religious toleration. Nowhere in British North
                            America did the complete separation of church and
                            state exist. Even in Pennsylvania, which in 1682
                            offered "Christian Liberty" to all who acknowledge
                            "one Almighty God," officeholders still had to
                            take an oath affirming belief in Jesus Christ.
                            Before the Revolution, most colonies supported
                            religious institutions with public funds and
                            discriminated in voting and officeholding against
                            Catholics, Jews, and even dissenting Protestants.
                            On the very eve of independence, Baptists who
                            refused to pay taxes to support local
                            Congregational ministers were still being jailed
                            in Massachusetts. ("While our country are pleading
                            so high for liberty," the victims complained, "yet
                            they are denying of it to their neighbors.")

                                As in other realms, the Revolution catalyzed a
                            movement that transformed the meaning of religious
                            freedom. The drive to separate church and state
                            brought together deists like Jefferson, who hoped
                            to erect a "wall of separation" that would free
                            politics and the untrammeled exercise of the
                            intellect from theological control, and members of
                            evangelical sects, who sought to protect religion
                            from the corrupting embrace of government and saw
                            toleration as a way to enable men and women to
                            lead truly Christian lives. Throughout the new
                            nation, established churches were
                            disestablished--that is, deprived of public
                            revenue and special legal privileges. On the state
                            level, religion and public authority continued to
                            reinforce one another, in requirements barring
                            non-Christians from office and in the continued
                            prosecution of blasphemy and breaches of the
                            sabbath. Nevertheless, the Constitution, which
                            contains no reference to God, is a purely secular
                            document. In prohibiting religious tests for
                            federal officeholders and, in the First Amendment,
                            barring the federal government from legislating on
                            the subject of religion, it departed dramatically
                            from both British and colonial practice. Under the
                            Constitution, it was and remains possible, as one
                            critic at the time complained, for "a papist, a
                            Mohomatan, a deist, yea an atheist," to become
                            president of the United States.

                                Like freedom of speech and the press,
                            religious freedom reflected the conviction that,
                            as Madison put it, conscience was the most
                            "sacred" of all rights, and that no political
                            authority should influence or punish its free
                            exercise. Even more than other freedoms, religious
                            liberty became the paradigm for the revolutionary
                            generation's definition of "rights" as private
                            matters that must be protected from governmental
                            interference. Religious freedom offered a new
                            rationale for the idea of the United States as a
                            beacon of liberty. In successfully opposing a
                            Virginia tax for the general support of Christian
                            churches, Madison insisted that one reason for the
                            complete separation of church and state was to
                            reinforce the meaning of independence as "offering
                            asylum to the persecuted and oppressed of every
                            nation and religion." And religious liberty
                            provided a model for the Madisonian system of
                            preserving freedom. In a free society, Madison
                            wrote, "the security for civil rights must be the
                            same as for religious rights. It consists in the
                            one case in the multiplicity of interests and, in
                            the other, in the multiplicity of sects." A free
                            market in religion would prevent any one group
                            from using political power to impose its views on
                            the others. In an overwhelmingly Christian (though
                            not necessarily churchgoing) nation, the
                            separation of church and state drew a sharp line
                            between public authority and a realm defined as
                            "private," reinforcing the idea that rights exist
                            as restraints on the power of government.

                                Thus, the Revolution democratized not only
                            American Christianity but also the idea of
                            religious liberty itself. Ironically, even as the
                            separation of church and state created the social
                            and political space that allowed a myriad of
                            religious institutions to flourish, the culture of
                            individual rights of which that separation was a
                            part threatened to undermine the authority of
                            churches. One telling example lay in the
                            experience of the Moravian Brethren, who had
                            emigrated from Germany to North Carolina on the
                            eve of independence. According to the Moravian
                            elders, younger members of the community, like so
                            many other Americans of the revolutionary
                            generation, insisted on asserting "their alleged
                            freedom and human rights." To the elders, "the
                            American freedom" was little more than "an
                            opportunity for temptation," a threat to the
                            spirit of self-sacrifice and communal loyalty
                            essential to Christian liberty. But despite such
                            fears, disestablishment did not end the influence
                            of religion on American society; quite the
                            reverse. Thanks to religious freedom, the
                            post-revolutionary era witnessed an amazing
                            proliferation of religious denominations. Today,
                            even as debates continue over the proper
                            relationship between spiritual and political
                            concerns, more than one thousand three hundred
                            religions are practiced in the United States.

                                "Yield to the mighty current of American
                            freedom." So a member of the South Carolina
                            legislature implored his colleagues in 1777. And
                            the current of freedom swept away not only British
                            authority but also the principle of hereditary
                            rule, the established churches, long-standing
                            habits of deference and hierarchy, and old limits
                            on the political nation. Yet in one crucial area,
                            the tide of freedom encountered an obstacle that
                            did not yield to its powerful flow. For freedom's
                            antithesis--slavery--emerged from the Revolution
                            more firmly entrenched than ever in American life.
******************************************************************************


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