The concept of equality in the Declaration of Independence
Bashir Safi
Prof. Jason Ross, Liberty University
PLCY 702-B01
September 11, 2021
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Table of Contents
Abstract............................................................................................................................................3
Philosophical and modern definitions for Equality.........................................................................3
Summary View of the Rights of British America............................................................................6
Equality in the Declaration of Independence...................................................................................8
Conclusion.....................................................................................................................................10
Bibliography:.................................................................................................................................11
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The concept of equality in the Declaration of Independence
Abstract
This paper analyzes the concept of equality as Thomas Jefferson envisioned in the
Declaration of Independence. The essay also emphasis on the relevance of Jefferson’s definition
of equality to the modern understanding of the topic and how his definition of equality was
contested. The equality is also defined from constitutional standpoint, Christian doctrine and how
much influence has the Declaration of Independence ascertained on the principle of equality. The
paper assesses the Declaration of Independence, Jefferson’s work, “A Summary View of the
Rights of British America,” and the original document of the declaration which he drafted to
summarize definition consistencies and how his work was contested.
Philosophical and modern definitions for Equality
The term equality is interpreted differently. The colonists interpreted this term that they
are entitled to the same rights as Englishmen. Generations later, equality was used for advocating
rights for the African-Americans and more specifically to prohibit slavery in the United States.
The preamble of the declaration of independent is basically the theory of natural rights that all
Americans should be entitled to them. These natural rights including life, liberty, and pursuit of
happiness and that all men are created equal. The main concept of the Declaration of
Independence asserted that, just like Englishmen, the colonists are also entitled to the same
constitutional rights, charter rights and common law (McClellan 2012, 90). According to one
translation of “ethics” Aristotle's definition of "just" as "(a) lawful and (b) what is 'equal,' that is,
fair."1
1 Nicomachean Ethics, trans. J. A. K. Thompson (Baltimore: Penguin Books, 1955), b5, p, 140.
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Thomas Jefferson’s controversial statement of the time that “all men are created equal”
was refuted by Englishmen. Even though Jefferson meant that all men should be treated equally
but he was criticized for his choice of word. The criticism was how are they created equal? in
strength, moral, size, values, wealth, or any other characteristic. They stated that not even two
persons are created equally. Jefferson’s statement at the time was not understood what he really
envisioned for, but a decade later French revolutionaries proclaimed his statement of “equality”
as known as “egalite” with even more radical explanations. French revolutionary leaders
constitutionally passed the “egalite” rights, asserting that society should be leveled equal through
government obligation of social, political, and economic equality.
The term equality in the Declaration of Independence was also a Christian doctrine, that
everyone is equal to equal to God. Abraham Lincoln interpreted this term as moral equality.
Lincoln’s interpretation of equality as a Christian principle prevailed and led to his presidency,
which helped him to produce thirteenth amendment, abolishing slavery (McClellan 2012, 132).
According to Lincoln, equality was to be “a fundamental principle of the American state” (Gajek
2014).
John Lock’s name and doctrine of natural rights is also associated with the Declaration of
Independence. In 1776, John Lock and many other enlightenment thinkers poured in
philosophical tracts in defense for rights and liberty and an immediate end to slavery.
Some argue that in the preamble of the Declaration of Independence, John lock’s role was
important but other rejects his influence on the ending of slavery, a definition that later
generations meant for the equality. A very sad fact about John Lock which undermines his
contribution to the Declaration of Independence and equality was his investment in Royal
African Company. The company clearly justifies slavery. In 1669 Carolina Fundamental
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Constitution, John Lock authored that ‘‘every freeman of Carolina shall have absolute power and
authority over negro salves”2 but in his book, Second Treatise, he called slavery as a “so vile and
miserable an estate” (Lock 1952, 1.1).
English writer Samuel Johnson stated that Thomas Jefferson was a slave owner, and in all
thirteen colonies slavery was recognized. There was an argument that Englishmen and
inhabitants of colonies should be entitled to the same rights and liberty, but colonists owned
slaves. There was a hypocrisy in their minds. This argument was then used by later generations
that all Americans are entitled to the same rights and should be treated equally. The Declaration
of Independence was in fact against slavery. According to Johnson there was equal insincerity
and hypocrisy in both the English and the Americans, who participated in the writing and
adoption of Declaration of Independence, about their declaration of liberty, equally for all men.
There are so many kinds of equality. If we define equality from constitutional position,
equal rights and individual liberty is the popular definition. From Christian doctrine, its moral
equality and distribution of opportunity equally among all people and that all men are same in
the eye of God. Both types of definition are consistent with the current constitution that no one
shall be deprived of his rights and no one is forced to act against his will or liberty. Also, the law
should be equally applied to all men and everyone is entitled to same opportunities. From
political standpoint, everyone should have liberty of voting to form a government, this is called
political equality. No government should be imposed against their will.
Americans demanded that they should be entitled to political liberty and right to vote.
Contradictory, after the deliration of independence the colonists deprived African-Americans
from their right to vote. After the independence was achieved in America, many social
2 Locke, John. The Fundamental Constitutions of Carolina, London. 1669.
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distinctions left from English society was not restructured, which caused economical
inequalities. Unlike Americans, French after their independence reshuffled society which
provided economic equality. Americans believed “All men are created equal” mean social
treatment, not equal economic opportunities.
Over the years in later generations, the Declaration of Independence strengthened public
opposition against racial discrimination and political inequality. It was thirteenth amendment
that affirmed the principle of equal rights as dominant force, officially ending the institution of
slavery. Before this amendment, the Declaration of Independence from constitutional standpoint
could not ascertain to end slavery and even those who advocated for equality owned slaves.
James Callender, an English political writer, in his newspaper article alleged that Thomas
Jefferson had children with a slave woman. 3
Summary View of the Rights of British America
In the “Summary View of the Rights of British America” in 1774, Thomas Jefferson
wrote to delegates to the First Continental Congress where he positioned equality in three
different kinds. First the equality through Christian doctrine where he stresses on “the rights
which God have given equally”4, and Second, he mentions equality the laws have given equally
and independently to all. Besides Christian doctrine and colonial constitution, Thomas Jefferson
also laid out to appeal for equality through natural rights, which affirmed John Locks doctrine.
In the context of equal economic opportunities which played an important factor in the
deceleration of independence, Jefferson asked the King that Americans are deprived of their
rights of free commerce. On the political liberty, Jefferson called British role cruel and arbitrary.
3 Richmond Recorder, September 1, 1802.
4 Thomas Jefferson. A Summary View of The Rights of British America: Williamsburg, VA: rind. 1774
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He pointed that British limited Americans freedom of free speech, political participation, staging
protest and other pollical exercises. At the end he opposes English authority over colonies which
he said, the officials are not from among his people. Thomas Jefferson in his tract summarized
political liberty and equality from the English common law, colonial constitutions standpoint,
natural law, and the Christian doctrine. He declared that British parliament did not have the right
to govern the colonies. Lastly, Thomas Jefferson’s argument for liberty and equality for
Americans were also added by domestic desire of ending slavery in those colonies.
Thomas Jefferson at the time was not clear on the definition of equality. He did not
clearly mean the equality with moral equality. In his argument of why it’s unfair for the British
electors to represent Americans as they are equal with them “in virtue, in understanding, and in
bodily strength”. From his choice of words here his definition of equality was virtue which is
again a Christian doctrine, understanding and strength is physical in nature. He also argued that
Americans should not be slaves of 160,000 English electors.5 Contradictory to his argument, he
did not want Americans to be salves of English, but many scholars contested his view as
hypocritical.
Equality in the Declaration of Independence
The Declaration of Independence consisted two parts. The first part offered philosophical
justification for secession that all men are entitled to the same rights, and government should
protect these rights. The government must be formed by the people and if fails to delivery its
obligation the people can abolish it. The second part of the Declaration document was grievances
laid out to the King.
5 Jefferson, Thomas and Paul Leicester Ford. The Works of Thomas Jefferson. New York: G.P. Putnam's Sons,
1904.
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The idea of equality was tract of the Revolution from the biggening. Thomas Jefferson
did not originate the term equality in 1776, of course the idea of equality was started years before
that. Jefferson wrote in a letter that he never wanted to mention the equality in the Declaration
but only "to place before mankind the common sense of the subject, in terms so plain and firm as
to command their assent."6 A decade earlier from the Declaration of Independence in 1766, John
Adams said “all men were born equal” 7 For Thomas Jefferson and other revolutionary leaders’
equality under the law was part of their English heritage and Christian traditions.
On equality of opportunity, revolutionary leaders believed that talent is not inherited but
it was randomly distributed in the society, and that society out to search that talent and develop
free from ancestor worship and patronage of the old order and everyone should be free to
mobilize. Indeed, Jefferson’s original draft of the declaration stated that "all men are created free
& independent” and men should be equal, and no one should be dependent on the will of another
man. Thomas Jefferson also stated that property made this independence possible.
Contrary to his own definition of independence and that "all men are created free and
independent”, he proposed in 1776 that every adult white male Virginian be given at least fifty
acres of land, if he did not have that many.”8
With all conflicting definition and contraries, Thomas Jefferson and his colleagues laid
out that equality is not just opportunity distribution, but it was really a principle that everyone are
entitled to the same rights. On the slavery, it was the principle of equality embodied in the
Declaration of Independence, that the constitution embraced and ended the slavery which led to
6 Letter from Thomas Jefferson to Henry Lee (May 8, 1825), in The Political Writings of Thomas Jefferson 88
(Edward Dumbaud ed., 1955).
7 Gordon S. Wood, The Radicalism of the American Revolution 237 (1992).
8 Julian P. Boyd, The d: The Evolution of the Text 19 (1945).
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the bill of rights. Slavery had already been abolished by the Declaration of Independence. It was
the constitution that was manipulated by politician and kept the slavery in place (McClellan
2012, 133). The original constitution of 1787 did not guarantee equal rights. The Bill of Rights
was not explicit on the equal rights. It was in fact the Thirteenth Amendment that abolished
slavery and later Equal Protection Clause of the Fourteenth Amendment very explicitly made it
illegal. This finally led the Constitution has been amended by the Preamble of the Declaration of
Independence (McClellan 2012, 135).
Fundamentally, the Declaration of Independence demanded that Americans should have
same political equality as British citizens. According to Alexander Tsesis despite some
contradictions, “for liberty and equality demonstrates the lasting influence that the Declaration
has had on American thought and law” (Bernstein 2012).
Conclusion
Equality was part of the English heritage under the law and of course a Christian
tradition. Now, the equality is distribution of opportunities in this world society. Individuals are
entitled to same rights without any discrimination. The rule of law and access to justice should be
distributed equally for all. This is a historical fact that even the Declaration of Independence
abolished the slavery, but politicians manipulated the constitution for not so explicit about the
principle until the Thirteenth Amendment and Equal Protection Clause of Fourteenth
Amendment. This is very unfortunate that with all constitutional amendments, laws and
ordinances that safeguarded equal rights to all members of this society, but we are still struggling
to practically ensure them. As Thomas Jefferson was accused of insincerity and contradiction of
his own words and actions that “all men are created equal” but he still owned slaves, likewise at
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current world politics and societies, equal rights are protected by laws but its different how each
individual respect this principle.
There is a correct sequence of equality in a society. A just society puts freedom and
liberty first, to ensure political equality, followed by equality of opportunity and equality of
outcome. On the other hand, even if a society distribute equal economic opportunity and equal
outcomes with no liberty or political equality, as we see some instances in current world political
setups, they are not a just society based on the principle of genuine equality.
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Bibliography:
Bernstein, R B. “Alexander Tsesis, For Liberty and Equality: The Life and Times of the
Declaration of Independence, New York: Oxford University Press, 2012.
Gajek, Marcin. "The Myth of Equality and the Quasi-Constitutional Status of the Declaration of
Independence." Ad American 15 (2014): 27,38,198.
Gordon S. Wood, The Radicalism of the American Revolution. (1992).
Jefferson, Thomas and Paul Leicester Ford. The Works of Thomas Jefferson. New York: G.P.
Putnam's Sons, 1904.
Julian P. Boyd, The Declaration of Independence: The Evolution of the Text
19 (1945).
Locke, John. The Fundamental Constitutions of Carolina, London. 1669.
Locke, John. The Second Treatise of Government Indianapolis: Bobbs-Merrill, 1952.
McClellan, James. Liberty, Order, and Justice: An Introduction to the Constitutional Principles
of American Government. 3rd ed. Indianapolis: Liberty Fund, 2000.
Nicomachean Ethics, trans. J. A. K. Thompson (Baltimore: Penguin Books, 1955).
Thomas Jefferson. A Summary View of The Rights of British America: Williamsburg, VA:
Clementina rind. 1774