The Deleted Clause of the Declaration of Independence

As a tribute to the great events that occurred 241 years ago, I wanted to recognize the importance of the unity of purpose behind supporting liberty in all of its forms. While an unequivocal statement of natural rights and the virtues of liberty, the Declaration of Independence also came close to bringing another vital aspect of liberty to the forefront of public attention. As has been addressed in multiple fascinating podcasts (Joe Janes, Robert Olwell), a censure of slavery and George III’s connection to the slave trade was in the first draft of the Declaration.

Thomas Jefferson, a man who has been criticized as a man of inherent contradiction between his high morals and his active participation in slavery, was a major contributor to the popularizing of classical liberal principles. Many have pointed to his hypocrisy in that he owned over 180 slaves, fathered children on them, and did not free them in his will (because of his debts). Even given his personal slaves, Jefferson made his moral stance on slavery quite clear through his famous efforts toward ending the transatlantic slave trade, which exemplify early steps in securing the abolition of the repugnant act of chattel slavery in America and applying classically liberal principles toward all humans. However, this very practice may have been enacted far sooner, avoiding decades of appalling misery and its long-reaching effects, if his (hypocritical but principled) position had been adopted from the day of the USA’s first taste of political freedom.

This is the text of the deleted Declaration of Independence clause:

“He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere or to incur miserable death in their transportation thither.  This piratical warfare, the opprobrium of infidel powers, is the warfare of the Christian King of Great Britain.  Determined to keep open a market where Men should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or restrain this execrable commerce.  And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he has obtruded them: thus paying off former crimes committed against the Liberties of one people, with crimes which he urges them to commit against the lives of another..”

The second Continental Congress, based on hardline votes of South Carolina and the desire to avoid alienating potential sympathizers in England, slaveholding patriots, and the harbor cities of the North that were complicit in the slave trade, dropped this vital statement of principle

The removal of the anti-slavery clause of the declaration was not the only time Jefferson’s efforts might have led to the premature end of the “peculiar institution.” Economist and cultural historian Thomas Sowell notes that Jefferson’s 1784 anti-slavery bill, which had the votes to pass but did not because of a single ill legislator’s absence from the floor, would have ended the expansion of slavery to any newly admitted states to the Union years before the Constitution’s infamous three-fifths compromise. One wonders if America would have seen a secessionist movement or Civil War, and how the economies of states from Alabama and Florida to Texas would have developed without slave labor, which in some states and counties constituted the majority.

These ideas form a core moral principle for most Americans today, but they are not hypothetical or irrelevant to modern debates about liberty. Though America and the broader Western World have brought the slavery debate to an end, the larger world has not; though countries have officially made enslavement a crime (true only since 2007), many within the highest levels of government aid and abet the practice. 30 million individuals around the world suffer under the same types of chattel slavery seen millennia ago, including in nominal US allies in the Middle East. The debates between the pursuit of non-intervention as a form of freedom and the defense of the liberty of others as a form of freedom have been consistently important since the 1800’s (or arguably earlier), and I think it is vital that these discussions continue in the public forum. I hope that this 4th of July reminds us that liberty is not just a distant concept, but a set of values that requires constant support, intellectual nurturing, and pursuit.

Adam Smith on the character of the American rebels

They are very weak who flatter themselves that, in the state to which things have come, our colonies will be easily conquered by force alone. The persons who now govern the resolutions of what they call their continental congress, feel in themselves at this moment a degree of importance which, perhaps, the greatest subjects in Europe scarce feel. From shopkeepers, tradesmen, and attornies, they are become statesmen and legislators, and are employed in contriving a new form of government for an extensive empire, which, they flatter themselves, will become, and which, indeed, seems very likely to become, one of the greatest and most formidable that ever was in the world. Five hundred different people, perhaps, who in different ways act immediately under the continental congress; and five hundred thousand, perhaps, who act under those five hundred, all feel in the same manner a proportionable rise in their own importance. Almost every individual of the governing party in America fills, at present in his own fancy, a station superior, not only to what he had ever filled before, but to what he had ever expected to fill; and unless some new object of ambition is presented either to him or to his leaders, if he has the ordinary spirit of a man, he will die in defence of that station.

Found here. Today, many people, especially libertarians in the US, celebrate an act of secession from an overbearing empire, but this isn’t really the case of what happened. The colonies wanted more representation in parliament, not independence. London wouldn’t listen. Adam Smith wrote on this, too, in the same book.

Smith and, frankly, the Americans rebels were all federalists as opposed to nationalists. The American rebels wanted to remain part of the United Kingdom because they were British subjects and they were culturally British. Even the non-British subjects of the American colonies felt a loyalty towards London that they did not have for their former homelands in Europe. Smith, for his part, argued that losing the colonies would be expensive but also, I am guessing, because his Scottish background showed him that being an equal part of a larger whole was beneficial for everyone involved. But London wouldn’t listen. As a result, war happened, and London lost a huge, valuable chunk of its realm to hardheadedness.

I am currently reading a book on post-war France. It’s by an American historian at New York University. It’s very good. Paris had a large overseas empire in Africa, Asia, Oceania, and the Caribbean. France’s imperial subjects wanted to remain part of the empire, but they wanted equal representation in parliament. They wanted to send senators, representatives, and judges to Europe, and they wanted senators, representatives, and judges from Europe to govern in their territories. They wanted political equality – isonomia – to be the ideological underpinning of a new French republic. Alas, what the world got instead was “decolonization”: a nightmare of nationalism, ethnic cleansing, coups, autocracy, and poverty through protectionism. I’m still in the process of reading the book. It’s goal is to explain why this happened. I’ll keep you updated.

Small states, secession, and decentralization – three qualifications that layman libertarians (who are still much smarter than conservatives and “liberals”) argue are essential for peace and prosperity – are worthless without some major qualifications. Interconnectedness matters. Political representation matters. What’s more, interconnectedness and political representation in a larger body politic are often better for individual liberty than smallness, secession, and so-called decentralization. Equality matters, but not in the ways that we typically assume.

Here’s more on Adam Smith at NOL. Happy Fourth of July, from Texas.

Against Guilt by Historical Association: A Note on MacLean’s “Democracy in Chains”

It’s this summer’s hottest pastime for libertarian-leaning academics: finding examples of bad scholarship in Nancy MacLean’s new book Democracy in Chains. For those out of the loop, MacLean, a history professor at Duke University, argues in her book that Nobel-prize winning public choice economist James Buchanan is part of some Koch-funded vast right-libertarian conspiracy to destroy democracy as inspired by southern racist agrarians and confederates like John Calhoun. This glowing review from NPR should give you a taste of her argument, which often has the air of a bizarre conspiracy theory. Unfortunately, to make these arguments she’s had to cut some huge corners in her federally-funded research. Here’s a round-up of her dishonesty:

  • David Bernstein points out how MacLean’s own sources contradict her claims that libertarian Frank Chodorov disagreed with the ruling in Brown v. Board.
  • Russ Roberts reveals how out-of-context Tyler Cowen was taken by MacLean, misquoting him to attribute to Cowen a view which he was arguing against.
  • David Henderson finds that she did the same thing to Buchanan.
  • Steve Horwitz points out how wildly out-of-context MacLean took a quote from Buchanan on public education.
  • Phil Magness reveals how much MacLean needed to wildly reach to tie Buchanan to southern agrarians with his use of the word “Leviathan.”
  • Phil Magness, again, reveals MacLean needed to do the same thing to tie Buchanan to Calhoun.
  • David Bernstein finds several factual errors about MacLean’s telling of the history of George Mason’s University.

I’m sure there is more to come. But, poor scholarship and complete dishonesty in source citation aside, an important question needs to be asked about all this: even if MacLean didn’t need to reach so far to paint Buchanan in such a negative light, why should we care?

I admittedly haven’t read her book yet (so could be wrong), but from the way even positive reviewers paint it and the way she talks about it herself in interviews (see around 15:30 of that episode), one can infer that she is in no way interested in a nuanced analytical critique of Buchanan’s public choice models or his arguments in favor of constitutional restrictions on democratic majorities. Her argument, if you can call it that, seems to be something like this:

  1. Democracy and majority rule are inherently good.
  2. James Buchanan wants stricter restrictions on democratic majority rule, and so did some Southern racists.
  3. Therefore, James Buchanan is a racist, evil corporate shill.

Even if she didn’t need to establish premise 2, why should we care? Every ideology has elements of it that can be tied to some seedy elements of the past, it doesn’t make the arguments that justify those ideologies wrong. For example, the pro-choice and women’s health movement has its roots in attempts to market birth control to race-based eugenicists (though these links, like MacLean’s attempts, aren’t as insidious as some on the modern right make them out to be), that does not mean modern women’s health advocates are racial eugenicists. Early advocates of the minimum wage argued for wage floors for racist and sexist reasons, yet nobody really thinks (or, at least, should think) modern progressives have dubious racist motives for wanting to raise the minimum wage. The American Economic Association was founded by racist eugenicists in the American Institutionalist school, yet nobody thinks modern economists are racist or that anyone influenced by the institutionalists today is a eugenicist. The Democratic Party used to be the party of the KKK, yet nobody (except the most obnoxious of Republican partisans) thinks that’s at all relevant to the DNC’s modern platform. Heidegger was heavily linked to Nazism and anti-Semitism, but it’s impossible to write off and ignore his philosophical contributions and remain intellectually honest.

Similarly, even if Buchanan did read Calhoun and it got him thinking about constitutional reform, that does not at all mean he agreed with Calhoun on slavery or that modern libertarian-leaning public choice theorists are neo-confederates, and it has even less to do with the merits of Buchanan’s analytical critiques of how real-world democracies function. In fact, as Vincent Geloso has pointed out here at NOL, Buchanan has given modern scholars the analytical tools to critique racism.

Intellectual history is messy and complicated, and can often lead to links we might—with the benefit of historical hindsight—view as situated in an unsavory context. However, as long as those historical lineages have little to no bearing on people’s motivations for making similar arguments or being intellectual inheritors of similar ideological traditions today (which isn’t always the case), there is no relevance to modern discourse other than perhaps idle historical curiosity. These types of attempts to cast guilt upon one’s intellectual opponents through historical association are, at best, another intellectually lazy version of the genetic fallacy (which MacLean also loves to commit when she starts conspiratorially complaining about Koch Brothers funding).

Just tell me if this sounds like a good argument to you:

  1. Historical figure X makes a similar argument Y to what you’re making.
  2. X was a racist and was influenced by some racists.
  3. Therefore, Y is wrong.

If it doesn’t, you’re right, 3 doesn’t follow from 2 (and in MacLean’s case 1 is a stretch).

Please, if you want to criticize someone’s arguments, actually criticize their arguments; don’t rely on a tabloid version of intellectual history to dismiss them, especially when that intellectual history is a bunch of dishonest misquotations and hand-waving associations.

Adam Smith: a historical historical detective?


Adrian Blau at King’s College London has an on-going project of making methods in political theory more useful, transparent and instructive, especially for students interested in historical scholarship.

I found his methods lecture, that he gave to Master’s students and went onto publish as ‘History of political thought as detective work’, particularly helpful for formulating my approach to political theory. The advantage of Blau’s advice is that it avoids pairing technique with theory. You can be a Marxist, a Straussian, a contextualist, anything or nothing, and still apply Blau’s technique.

Blau suggests that we adopt the persona of a detective when trying to understand the meaning of historical texts. That is, we should acknowledge

  • uncertainty associated with our claims
  • that facts of the matter will almost certainly be under-determined by the available evidence
  • that conflicting evidence probably exists for any interesting question
  • that interpreting any piece of evidence through any exclusive theoretical lens is likely to lead us to error

To make more compelling inferences in the face of these challenges, we can use techniques of triangulation (using independent sources of evidence together). This could include arguing for an interpretation of a thinker’s argument based on a close reading of their text, while showing that other people in the thinker’s social milieu deployed language in a similar way (contextual), and also showing how helpful that argument was for achieving a political end that was salient in that time and place (motivation).

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Highly recommended work on Ayn Rand

Most scholarship on Ayn Rand has been of mediocre quality, according to Gregory Salmieri, the co-editor of A Companion to Ayn Rand, which is part of the series “Blackwell Companions to Philosophy.” The other co-editor of the volume is the late Allan Gotthelf, who died during it’s last preparatory stages.

The reasons for the poor scholarship are diverse. Of course Rand herself is a large element. She hardly ever participated in regular academic procedures, did not tolerate normal academic criticism on her work and strictly limited the number of people who could authoritatively ‘explain’ her Objectivist philosophy to herself and Nathaniel Branden. Before her death she appointed Leonard Peikoff as ‘literary heir’. She inspired fierce combat against the outside world among her closest followers, especially when others wrote about Rand in a way not to their liking. The result was that just a small circle of admirers wrote about her ideas, often in a non-critical way.

blog ayn rand

On the other hand, the ‘rest of the academy’ basically ignored her views, despite her continued popularity (especially in the US), her influence, particularly through her novels, and large sales, especially after the economic crisis of 2008. For sure, Objectivists remain a minority both inside and outside academia. Yet despite the strong disagreement with her ideas, it would still be normal to expect regular academic output by non-Randians on her work. Suffice it to point to the many obscure thinkers who have been elevated to the academic mainstream over the centuries. Yet Rand remains in the academic dark, the bias against her work is strong and influential. This said, there is a slight change visible. Some major presses have published books on Rand in the past years, with as prime examples the books by Jennifer Burns, Goddess of the Market: Ayn Rand and the American Right (2009), and Anne C Heller, Ayn Rand and the World She Made (2010). And this volume is another point in case.

One of the strong points of The Blackwell Companion on Ayn Rand is that the contributions meet all regular academic standards, despite the fact that the volume originates from the Randian inner circle. It offers proper explanation and analysis of her ideas and normal engagement with outside criticism. The little direct attack on interpretations or alleged errors of others is left to the end notes, albeit sometimes extensively. Let us say, in friendly fashion, that it proves hard to get rid of old habits!

It should not detract from the extensive, detailed, clearly written and plainly good quality of the 18 chapters in this companion, divided in 8 parts, covering overall context, ethics and human nature, society, the foundations of Objectivism, philosophers and their effects, art and a coda on the hallmarks of Objectivism. The only disadvantage is the large number of references to her two main novels, The Fountainhead and Atlas Shrugged, which makes some acquaintance with these tomes almost prerequisite for a great learning experience. Still, as a non-Randian doing work on her political ideas, I underline that this companion offers academically sound information and analysis about the full range of Rand’s ideas. So, go read it if you are interested in this fascinating thinker.

Is persecution the purpose?


Last week, Rebecca Tuvel, an Assistant Professor of Philosophy, had her recent article in Hypatia, ‘In Defence of Transracialism’, denounced in an open letter signed by several professional scholars (among others). They accused her of harming the transgender community by comparing them with the currently more marginalized identity of transracialism. William Rein, on this blog, and Jason Brennan at Bleeding Heart Libertarians, have written valuable defences of Tuvel’s right to conduct academic research in this area even if some find it offensive.

Events have moved fast. The associate editors initially seemed to cave in to pressure and denounced the article they had only just published. The main editor, Sally Scholz, has since disagreed with the associate editors. Critically, Tuvel’s colleagues at Rhodes College have given her their support so it looks like the line for academic freedom might be holding in this case. Without wishing to engage too much in the hermeneutics of suspicion, I think there are grounds to doubt the depth of the critics’ attitudes. I base this on my reading of Judith Butler, who is one of the signatories to the open letter arguing for Tuvel’s article to be retracted.

Seven years ago, I managed to read Judith Butler’s Gender Trouble. Although there are many variations in the movement, Butler is a central figure in the post-structuralist , non-gender-essentialist, feminism that inspires much of the contemporary ‘social justice’ movement. When I got past Butler’s famously difficult prose, I found a great deal of ideas I agreed with. I wrote up a brief piece comparing Butler’s concerns with violently enforced gender conformity to classical liberal approaches to personal autonomy. I also identified some problems.

First, Butler’s critique of the natural sciences seems to completely miss the mark. Butler associates gender essentialism with the study of genetics, when, in fact, genetics has done more than almost anything else to explore the contingency and variation of biological sexual expression in nature. The same applies to race and ethnicity.

Second, more importantly, Butler insists that there is no underlying authentic gender or sexual identity. All identities are ultimately constituted by power relations and juridical discourses. You find this argument repeated among social justice proponents who insist all forms of identity are products of ‘social construction’ rather than ever being based on natural facts. As a result, all personal identity claims are only ever historical and strategic. They are attempts to disrupt power relations in order to liberate and empower the subaltern and oppressed albeit temporarily

I don’t think this is perfectly factually true but lets accept it for now as roughly true. This means that transracialism itself might become, or could already be, another example of the strategic disruption of contemporary juridical discourses, this time about race and ethnicity. The same people currently denouncing Tuvel could very easily insist on the acknowledgement of transracial identity in five or ten years time, and denounce those who hold their current views. From their own position, which explicitly rejects any ultimate restrictions on identity formation, we have no warrant to know otherwise.

In this sense, Tuvel might not be ‘wrong’ at all, just slightly ahead of the social justice curve. And her critics wouldn’t actually be changing their minds, just changing their strategies. Meanwhile, people who actually take their identities seriously should be wary of their academic ‘allies’. They can quickly re-orientate their attitude such that a previously oppressed identity comes to be re-configured as an oppressive and exclusionary construct.

If all claims in this area are strategic, rather than factual, as Butler claims, then why try to damage a philosopher’s career over it? Why provoke an academic journal almost to self-destruct? Rather than working out which ideas to denounce, we should critique the strategy of denouncement (or calling out) itself. In that vein, much as I disagree wholly with the stance of its editorial board, I think calling into question Hypatia’s status as an academic journal, is premature.

Ricardo and Ringo for a free-trade Brexit


My colleague, Shruti Rajagopalan, points out that today is the 200th Anniversary of the publication of David Ricardo’s  On the Principles of Political Economy and Taxation. It was here that the notion of comparative advantage began confounding protectionists and nativists. Shruti offers this famous example of it in practice:

Apparently, when asked if Ringo Starr is the best drummer in the world, John Lennon quipped, “Ringo isn’t the best drummer in the world. He isn’t even the best drummer in the Beatles.” And while Lennon may have fancied himself a better singer, guitarist, songwriter, and drummer, than Ringo, the Beatles are still better off with Ringo at the drums.

The essence of comparative advantage is that you don’t need to possess a great talent to benefit from trade within a group, whether we are talking about individual people or nations. So long as there exists some variation in relative talents, people will be able to benefit from specialization and trade.

This message is as relevant as ever. The British Parliament has just voted to hold fresh elections. This is supposedly to strengthen the Prime Minister’s hand when negotiating new terms of trade when Britain leaves the European Union. Politicians act as if trade is dangerous, always a threat to the national interest unless carefully constrained. They negotiate complex deals and regulation on market access, essentially holding their own consumers hostage, preventing them from buying foreign goods unless other countries agree to open their own markets. They fear that their domestic producers will be out-competed by superior, or cut-priced, businesses from abroad.

What comparative advantage shows is that even if that happened to be true for every single industry, domestic businesses could still specialize so as to be competitive on the world market, and improve domestic living standards at the same time. Britain could open its ports and wallets to foreign goods and services with no tariffs, even without any reciprocal deal from the EU, and yet still benefit from trade.

Why? Because it doesn’t matter if you have to be the drummer, just so long as you are in the band.