Q: How did Carroll use natural law and natural rights in arguing that the colonies were justified in breaking from England?
McDermott: In his "First Citizen" papers of 1773, Carroll argued that it was necessary to move back beyond the common law to the "clear and fundamental" principles of the English constitution, namely the natural law.
Thomas Jefferson's Declaration of Independence cites the "Laws of Nature and of Nature's God" to justify the Revolution, and appeals to the natural rights that derive from the natural law.
At the same time, Carroll was writing his own "Declaration of the Delegates of Maryland" to explain Maryland's vote for independence. Carroll's natural law thinking as expressed in this document complements Jefferson's approach while correcting some of its distortions.
Carroll wrote: "We the Delegates of the People of Maryland in Convention assembled do declare that the King of Great Britain has violated his compact with this People, and that they owe no allegiance to him."
Then he went back and crossed out "of the People." Thus, in keeping with Catholic corporatism, the "Delegates of Maryland" represent the whole body of society, and not just the majority will. Popular sovereignty is not a matter of ongoing revision of the Constitution by majorities, as Jefferson supposed.
Also, Carroll's document stays with the traditional natural rights of life, liberty and property. "Slaves, savages and foreign mercenaries have been meanly hired to rob a People of their property, liberty [and] lives, guilty of no other crime than deeming the last of no estimation without the secure enjoyment of the two former."
Jefferson, of course, substitutes a right to the "pursuit of happiness" for the right to property. By inventing this new right, Jefferson distorted the concept of natural law, with dramatic consequences for the rest of American history. ...
Saturday, July 04, 2009
Faithful revolutionary
If you're looking to add some Catholic flavor to your observance of Independence Day, you might spend a little time learning about Charles Carroll of Carollton, lone Catholic signer of the Declaration of Independence. Wikipedia has a useful page, and the old Catholic Encyclopedia has a just-the-facts entry. Zenit conducted a two-part interview with Scott McDermott in 2005 when he released his biography of Carroll:
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The Port Tobacco Carmelites, the original (Discalced Carmelite) Carmel (monastery of Carmelite women) in the United States, back in the day, have an interesting document in their archives. (You should know that the Carmelite nuns are history freaks, and keep careful records of their foundations and all matters subsequent.)
In this document, Bishop John Carroll, first American bishop and brother of Charles, conveys a gift to the Carmel. The gift? A slave woman, and her daughter.
They were all good people, but they didn't see it.
Before we condemn them for not "getting it," we might spend some time wondering, what is it that will be so obvious to our descendants that we just don't see?
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