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by
Jill Lepore
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October 28 - November 5, 2023
They read this strange, intricate document, and they debated its plan. Some feared that the new system granted too much power to the federal government—to the president, or to Congress, or to the Supreme Court, or to all three. Many, like sixty-one-year-old George Mason of Virginia, a delegate who’d refused to sign it, wanted the Constitution to include a bill of rights.
Between the everyday atrocity of slavery and the latest news from the apothecary there appeared on page 2 of that day’s New-York Packet an essay titled THE FEDERALIST No. 1. It had been written, anonymously, by a brash thirty-year-old lawyer named Alexander Hamilton. “You are called upon to deliberate on a new Constitution for the United States of America,” he told his readers. But more was at stake, too, he insisted; the wrong decision would result in “the general misfortune of mankind.” The United States, he argued, was an experiment in the science of politics, marking a new era in the
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Can a political society really be governed by reflection and election, by reason and truth, rather than by accident and violence, by prejudice and deceit? Is there any arrangement of government—any constitution—by which it’s possible for a people to rule themselves, justly and fairly, and as equals, through the exercise of judgment and care? Or are their efforts, no matter their constitutions, fated to be corrupted, their judgment muddled by demagoguery, their reason abandoned for fury?
once came across a book called The Constitution Made Easy.7 The Constitution cannot be made easy. It was never meant to be easy.
THE AMERICAN EXPERIMENT rests on three political ideas—“these truths,” Thomas Jefferson called them—political equality, natural rights, and the sovereignty of the people.
After Benjamin Franklin read Jefferson’s draft, he picked up his quill, scratched out the words “sacred & undeniable,” and suggested that “these truths” were, instead, “self-evident.” This was more than a quibble. Truths that are sacred and undeniable are God-given and divine, the stuff of religion. Truths that are self-evident are laws of nature, empirical and observable, the stuff of science. This divide has nearly rent the Republic apart.
The United States rests on a dedication to equality, which is chiefly a moral idea, rooted in Christianity, but it rests, too, on a dedication to inquiry, fearless and unflinching.
It has often been said, in the twenty-first century and in earlier centuries, too, that Americans lack a shared past and that, built on a cracked foundation, the Republic is crumbling.10 Part of this argument has to do with ancestry: Americans are descended from conquerors and from the conquered, from people held as slaves and from the people who held them, from the Union and from the Confederacy, from Protestants and from Jews, from Muslims and from Catholics, and from immigrants and from people who have fought to end immigration.
Sometimes, in American history—in nearly all national histories—one person’s villain is another’s hero.
have written my work, not as an essay which is to win the applause of the moment,” Thucydides wrote, “but as a possession for all time.”
Herodotus believed that the purpose of writing history was “so that time not erase what man has brought into being.”
To study the past is to unlock the prison of the present.
The Taíno did not have writing but they did have government. “They have their laws gathered in ancient songs, by which they govern themselves,” Pané reported.7 They sang their laws, and they sang their history. “These songs remain in their memory rather than in books,” another Spanish historian observed, “and this way they recite the genealogies of the caciques, kings, and lords they have had, their deeds, and the bad or good times they had.”
Darkness was on the face of the deep in geological histories, too, whose evidence comes from rocks and bones. The universe was created about fourteen billion years ago, according to the traces left behind by meteors and the afterlives of stars, glowing and distant, blinking and dim. The earth was formed about four billion years ago, according to the sand and rocks, sea floors and mountaintops.
In 1492, seventy-five million people lived in the Americas, north and south.
In 1492, about sixty million people lived in Europe, fifteen million fewer than lived in the Americas.
“Be fruitful, and multiply, and replenish the earth, and subdue it,” God tells Adam and Eve in Genesis, “and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth.”
Before 1492, Europe suffered from scarcity and famine. After 1492, the vast wealth carried to Europe from the Americas and extracted by the forced labor of Africans granted governments new powers that contributed to the rise of nation-states.
Yet the origins of the United States date to 1492 for another, more troubling reason: the nation’s founding truths were forged in a crucible of violence, the products of staggering cruelty, conquest and slaughter, the assassination of worlds. The history of the United States can be said to begin in 1492 because the idea of equality came out of a resolute rejection of the idea of inequality; a dedication to liberty emerged out of bitter protest against slavery; and the right to self-government was fought for, by sword and, still more fiercely, by pen. Against conquest, slaughter, and slavery
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The Chinese had invented the compass in the eleventh century, and had excellent boats. Before his death in 1433, Zheng He, a Chinese Muslim, had explored the coast of much of Asia and eastern Africa, leading two hundred ships and twenty-seven thousand sailors. But China was the richest country in the world, and by the late fifteenth century no longer allowed travel beyond the Indian Ocean, on the theory that the rest of the world was unworthy and uninteresting.
TO WRITE SOMETHING down doesn’t make it true. But the history of truth is lashed to the history of writing like a mast to a sail. Writing was invented in three different parts of the world at three different moments in time: about 3200 BCE in Mesopotamia, about 1100 BCE in China, and about AD 600 in Mesoamerica.
If any man in history had a “literall advantage,” that man was Christopher Columbus. In Haiti in October 1492, under a scorching sun, with two of his captains as witnesses, Columbus (according to the notes taken by Las Casas) declared that “he would take, as in fact he did take, possession of the said island for the king and for the queen his lords.” And then he wrote that down.20
This act was both new and strange. Marco Polo, traveling through the East in the thirteenth century, had not claimed China for Venice; nor did Sir John Mandeville, traveling through the Middle East in the fourteenth century, attempt to take possession of Persia, Syria, or Ethiopia.
Columbus did not make a catalogue of the ways and beliefs of the people he met (only later did he hire Pané to do that). Instead, he decided that the people he met had no ways and beliefs. Every difference he saw as an absence.22 Insisting that they had no faith and no civil government and were therefore infidels and savages who could not rightfully own anything, he claimed possession of their land, by the act of writing. They were a people without truth; he would make his truth theirs. He would tell them where the dead go.
Columbus widened the world, Gutenberg made it spin faster.
But Columbus himself did not consider the lands he’d visited to be a new world. He thought only that he’d found a new route to the old world. Instead, it was Amerigo Vespucci, the venturesome son of a notary from Florence, Italy, who crossed the ocean in 1503 and wrote, about the lands he found, “These we may rightly call a new world.” The report Vespucci brought home was soon published as a book called Mundus Novus, translated into eight languages and published in sixty different editions. What Vespucci reported discovering was rather difficult to believe. “I have found a continent more
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It seemed a Garden of Eden, a place only ever before imagined. In 1516, Thomas More, a counselor to England’s king, Henry VIII, published a fictional account of a Portuguese sailor on one of Vespucci’s ships who had traveled just a bit farther, to an island where he found a perfect republic, named Utopia (literally, no place)—the island of nowhere.
In 1507, Martin Waldseemüller, a German cartographer living in northern France who had in his hands a French translation of Mundus Novus, carved onto twelve woodblocks a new map of the world, a Universalis Cosmographia, and printed more than a thousand copies. People pasted the twelve prints together and mounted them like wallpaper to make a giant map, four feet high by eight feet wide. Wallpaper fades and falls apart: only a single copy of Waldseemüller’s map survives. But one word on that long-lost map has lasted longer than anything else Waldseemüller ever wrote. With a nod to Vespucci,
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IN 1493, WHEN COLUMBUS returned from his unimaginable voyage, a Spanish-born pope granted all of the lands on the other side of the ocean, everything west of a line of longitude some three hundred miles west of Cape Verde, to Spain, and granted what lay east of that line, western Africa, to Portugal, the pope claiming the authority to divvy up lands inhabited by tens of millions of people as if he were the god of Genesis.
Between 1500 and 1800, roughly two and a half million Europeans moved to the Americas; they carried twelve million Africans there by force; and as many as fifty million Native Americans died, chiefly of disease.
Slavery had been practiced in many parts of the world for centuries. People tended to enslave their enemies, people they considered different enough from themselves to condemn to lifelong servitude. Sometimes, though not often, the status of slaves was heritable: the children of slaves were condemned to a life of slavery, too. Many wars had to do with religion, and because many slaves were prisoners of war, slaves and their owners tended to be people of different faiths: Christians enslaved Jews; Muslims enslaved Christians; Christians enslaved Muslims. Since the Middle Ages, Muslim traders
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In December 1511, on the fourth Sunday of Advent, Antonio de Montesinos, a Dominican priest, delivered a sermon in a church on Hispaniola. Disagreeing with the king’s ministers, he said the conquistadors were committing unspeakable crimes. “Tell me, by what right or justice do you hold these Indians in such cruel and horrible slavery? By what right do you wage such detestable wars on these people who lived mildly and peacefully in their own lands, where you have consumed infinite numbers of them with unheard of murders and desolations?”
And then he asked, “Are they not men?”
In much of New Spain, the mixed-race children of Spanish men and Indian women, known as mestizos, outnumbered Indians; an intricate caste system marked gradations of skin color, mixtures of Europeans, Native Americans, and Africans, as if skin color were like dyes made of plants, the yellow of sassafras, the red of beets, the black of carob. Later, the English would recognize only black and white, a fantasy of stark and impossible difference, of nights without twilight and days without dawns.
In the 1530s, Henry VIII had established the Church of England, defiantly separate from the Church of Rome. Occupied
When Henry VIII died, in 1547, his son Edward became king, but by 1552, Edward was mortally ill. Hoping to avoid the ascension of his half-sister Mary, who was a Catholic, Edward named as his successor his cousin Lady Jane Grey. But when Edward died, Mary seized power, had Jane beheaded, and became the first ruling queen of England.
When Mary died, in 1558, Elizabeth, a Protestant, succeeded her, and Mary’s supporters, who tried to argue against Elizabeth’s right to rule, were left to battle against their own earlier arguments: they couldn’t very well argue that Elizabeth couldn’t rule because she was a woman, when they had earlier insisted that her sex did not bar Mary from the throne.
Ralegh was an adventurer, a man of action, but he was also a man of letters. Newly knighted, he launched an expedition in 1584. He did not sail himself but sent out a fleet of seven ships and six hundred men, providing them with a copy of Las Casas’s “book of Spanish crueltyes with fayr pictures,” to be used to convince the natives that the English, unlike the Spanish, were men of mercy and love, liberty and charity.
Another expedition sent in 1587 to what had come to be called Roanoke fared no better. John White, an artist and mapmaker who had carefully studied the reports of the first expedition, aimed to establish a permanent colony not on the island but in nearby Chesapeake Bay, in a city to be called Ralegh. Instead, one blunder followed another. White sailed back to England that fall, in hopes of securing supplies and support. His timing could hardly have been less propitious. In 1588, a fleet of 150 Spanish ships attempted to invade England. Eventually, the armada was defeated. But with a naval war
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natives weren’t barbarians; they were ancestors, and the New World was the oldest world of all.
At the end of the seventeenth century, John Locke, imagining an American genesis and borrowing from Christian theology, would argue that all men were born into a state “of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another,” each “equal to the greatest, and subject to no body.”
By 1776, many of the king’s subjects in many of his colonies so wholly agreed with this point of view that they accepted Thomas Paine’s “plain truth,” that, “all men being originally equals,” nothing was more absurd than the idea that God had granted to one person and his heirs the right to rule over all others. “Nature disapproves it,” Paine insisted, “otherwise she would not so frequently turn it into ridicule by giving mankind an ass for a lion.”
VIRGINIA’S FIRST CHARTER was prepared in the office of Attorney General Edward Coke, a sour-tempered man with a pointed chin, a systematic mind, and an ungovernable tongue. Coke, who invested in the Virginia Company, was the leading theorist of English common law, the body of unwritten law established by centuries of custom and cases, to which Coke sought to apply the precepts of rationalism. “Reason is the life of the law,” Coke wrote, and “the common law itself is nothing else but reason.” In 1589, when he was thirty-seven, Coke became a member of Parliament. Five years later, Elizabeth
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Thomas Hobbes, who served on the board of the Virginia Company, eyed the descent of the colony into anarchy with more than passing interest. In 1622, four years after Powhatan’s death, the natives rose up in rebellion and tried to oust the English from their land, killing hundreds of new immigrants in what the English called the “Virginia massacre.” Hobbes, working out a theory of the origins of civil society by deducing an original state of nature, pondered the violence in Virginia. “The savage people in many places of America . . . have no government at all, and live at this day in that
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The most crucial right established under Magna Carta was the right to a trial by jury. For centuries, guilt or innocence had been determined, across Europe, either by a trial by ordeal—a trial by water, for instance, or a trial by fire—or by trial by combat. Trials by ordeal and combat required neither testimony nor questioning. The outcome was, itself, the evidence, the only admissible form of judicial proof, accepted because it placed judgment in the hands of God. Nevertheless, the practice was easily abused—priests, after all, could be bribed—and, in 1215, the pope banned trial by ordeal.
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Between 1630 and 1640, the years during which King Charles ruled without Parliament, a generation of ocean voyagers, some twenty thousand dissenters, fled England and settled in New England. One of these people was John Winthrop, a stern and uncompromising man with a Vandyke beard and a collar of starched ruffles, who decided to join a new expedition to found a colony in Massachusetts Bay. Unlike Bradford’s pilgrims, who wanted to separate from the Church of England, Winthrop was one of a band of dissenters known as Puritans—because they wanted to purify the Church of England—who lost their
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In 1636, New England Puritans founded a school in Cambridge for educating “English and Indian youth”: Harvard College.
ENGLAND’S AMERICA WAS disproportionately African. England came late to founding colonies and it came late to trafficking in slaves, but nearly as soon as it entered that trade, it dominated it.
In one of the more unsettling ironies of American history, laws drafted to justify slavery and to govern slaves also codified new ideas about liberty and the government of the free. In 1641, needing to provide some legal support for trading Indians for Africans, the Massachusetts legislature established The Body of Liberties, a bill, or list, of one hundred rights, many of them taken from Magna Carta.
In 1644, the Puritan poet John Milton—later the author of Paradise Lost—published a pamphlet in which he argued against a law passed by Parliament requiring printers to secure licenses from the government for everything they printed. No book should be censored before publication, Milton argued (though it might be condemned after printing), because truth could only be established if allowed to do battle with lies.