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The creation of the U.S. Constitution in 1787 stirred considerable debate not only in America, but across the Atlantic in England and France as well. Among the supporters of the American colonists’ resistance to Britain, some viewed it as a first step in reforming the British constitution (Edmund Burke), while others as the beginning of something entirely new, a democratic republic (Thomas Paine and the “friends of liberty”).
When the French Revolution broke out in 1789 there was a simliar split among those who sought a constitutional monarchy, limited by a written consitution, including a bill of rights and those who sought to abolish the monarchy altogether and establish a democratic republic of whatever color.
The American experience was both timely and a-propos as France was wracked by revolution, regicide, and war, and underwent multiple experiments in constitutionalism during the 1790s. In response, English, American, and French observers explored the nature of the British “constitution” as it had evolved between the Glorious Revolution and the American revolt, American efforts to reform and ultimately rewrite the British “constitution,” French efforts to duplicate the experiment within continental Europe, and finally, the collapse of the French republic and the rise of Napoleon. The debates of the 1780s and 1790s follow these political developments and parallel contemporary efforts to define constitutional limits to state power.
[Comment: I’ve reworked this somewhat, a little streamlining. Perhaps the long penultimate sentence should be broken-up or clarified. For example, were the Americans trying to “reform” or “rewrite” the British constitution, or simply resist British encroachments and ultimately achieve independence? In any case, the documents selected suggest the later. Also, the reference to the debates of the 1790s is not reflected in the reading list, which ends with Adams’ Defence of 1788. Finally, the title of the list does not seem to fully capture its content, given the presence De Lolme (on the English constitution) and Turgot (on the state constitutions). Moreover, the Defence was written before the U.S. Constitution was drafted and ratified. Just some thoughts. I’ve also made some slight alterations to the descriptions of the readings. Some could be developed further, but this may be sufficient for now.]
The following texts are listed in chronological order of original publication, along with modern editions (where these are available), and relevant page numbers to the editions used in the original colloquium. It is based upon a conference originally organized by Liberty Fund and the Institute for Humane Studies in January 1987:
1) Jean-Louis de Lolme, Constitution de l’Angleterre ou État du gouvernement anglais comparé avec la forme républicaine et avec les autres monarchies de l’Europe (Amsterdam, 1771) and the original 1775 English edition, published in London as The Constitution of England; or, an Account of the English Government; in which it is compared with the Republican Form of Government and occasionally with the Other Monarchies in Europe.
2) Abbé de Mably, Remarks concerning the Government and Laws of the United States of America: In Four Letters addressed to Mr. Adams (1785).
3) Condorcet, De l’influence de la Révolution d’Amérique sur l’Europe (1786)
4) Filippo Mazzei, Recherches historiques et politiques sur les États-Unis de l’Amérique septentrionale, où l’on traite des établissemens des treize colonies, de leurs rapports & de leurs dissentions avec la Grande-Bretagne, de leurs gouvernemens avant & après la révolution, &c. Par un citoyen de Virginie (Paris, Chez Froulle, 1788).
5) John Adams, A Defence of the Constitutions of Government of the United States of America, 3 vols. (London and Boston, Edmund Freeman, 1787-88, 3rd. edition 1797).
6) Letters between Thomas Jefferson and John Adams.
For additional background reading see:
The first document asserting the right of the Colonies to secede from Britain and form an independent state.
Source:A chapter in Becker’s The Declaration of Independence: A Study on the History of Political Ideas (New York: Harcourt, Brace and Co., 1922).
Accessed from oll.libertyfund.org/index.php?option=com_content&task=view&id=519&Itemid=264 on 2008/3/2
The first attempt at union by the former American colonies, a loose confederation in which the states retained their “freedom, independence, and sovereignty.”
Source: James McClellan’s Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government (3rd ed.) (Indianapolis: Liberty Fund, 2000).
Accessed from oll.libertyfund.org/index.php?option=com_content&task=view&id=575&Itemid=264 on 2008/3/2
The Articles of Confederation were regarded by many as a failure and a new form of union with a stronger central government was drafted, debated, and adopted.
Source: The American Republic: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2002).
Accessed from oll.libertyfund.org/index.php?option=com_content&task=view&id=427&Itemid=264 on 2008/3/2
A number of states hesitated to adopt the new constitution until its supporters agreed that additional guarantees of individual liberty would be added as amendments following its ratification.
Source: Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004).
Accessed from oll.libertyfund.org/index.php?option=com_content&task=view&id=1057&Itemid=264 on 2008/3/2
De Lolme’s book on the English constitution was first published in French in 1771 and then in English in 1775. It placed special emphasis on the the ways in which a constitutional monarchy which protected individual liberty had evolved since the Glorious Revolution 1688.
Jean Louis De Lolme, The Constitution of England; Or, an Account of the English Government, edited and with an Introduction by David Lieberman (Indianapolis: Liberty Fund, 2007). Chapter: CHAPTER IX: Of private Liberty, or the Liberty of Individuals.
Accessed from oll.libertyfund.org/title/2089/159027 on 2008-04-29
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
In Book two (especially chapters I-V and X-XII), De Lolme continues his comparison of the English and European governments with special treatment of the powers of the Crown and the liberties of the press.
Jean Louis De Lolme, The Constitution of England; Or, an Account of the English Government, edited and with an Introduction by David Lieberman (Indianapolis: Liberty Fund, 2007). Chapter: BOOK II
Accessed from oll.libertyfund.org/title/2089/159039 on 2008-04-29
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
Much of Adam’s work was a reply to Turgot’s more positive view of the American revolution and its example for Europe. [More positive than who? — Adams himself?]
Richard Price, Observations on the Importance of the American Revolution, and the Means of Making it a Benefit to the World. To which is added, a Letter from M. Turgot, late Comptroller-General of the Finances of France: with an Appendix, containing a Translation of the Will of M. Fortuné Ricard, lately published in France (London: T. Cadell, 1785). Chapter: Letter from M. Turgot
Accessed from oll.libertyfund.org/title/1788/97170 on 2008-04-30
The text is in the public domain.
By the time De Lolme’s work appeared in English (1775), the differences between the American colonists and the British government had reached a breaking point when some form of independence seemed inevitable. Mably (1785), Condorcet (1786), and Mazzei (1788) wrote critiques of the American efforts and tried to explain how the example might influence affairs in Europe. John Adams wrote the most extensive defense of the American constitutions in a three volume work which appeared between 1787 and 1788. In volume IV of his complete works he defends his method, while in chapters III-VII of the Defence he examines the opinions of philosophers, political theorists and historians on the viability of the republican form of government.
John Adams, The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 4. Chapter: THE DEFENCE.
Accessed from oll.libertyfund.org/title/2102/159776 on 2008-04-29
The text is in the public domain.
Adams replies directly to the criticism of Mably.
John Adams, The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 5. Chapter: APPENDIX.
Accessed from oll.libertyfund.org/title/2103/159885 on 2008-04-29
The text is in the public domain.
Adams concludes his defense of moderate republicanism with a discussion of Marchmont Nedham, a seventeenth-century English republican.
John Adams, The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 6. Chapter: A DEFENCE OF THE CONSTITUTIONS OF GOVERNMENT OF THE UNITED STATES OF AMERICA.
Accessed from oll.libertyfund.org/title/2104/159889 on 2008-04-29
The text is in the public domain.