The Declaration of Independence is often misunderstood, which I wrote about here. One of the most important, yet overlooked, sections of the document is the list of indictments against King George III. The indictments are further evidence that the Declaration was never meant to be a revolutionary statement. From the Magna Carta to the colonial constitutions, George III was indicted for violating existing laws. Jefferson listed a total of 27 indictments against the King. Throughout February, we’re going to look at one indictment a day, why it was levied, and why it is still relevant.
Indictment #6 reads as folows:
He has refused for a long time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining, in the meantime, exposed to all the Dangers of Invasion from without, and convulsions within.
Why was the indictment levied: The King dissolved the colonial assemblies as discussed in indictment #5. One reason was that New York refused to comply with the Mutiny Act of 1766, which granted near-unlimited authority to British officers. They could search any house, day or night, without a warrant. It also required the colonists to furnish them and provide them with food and drink. These actions inspire the eventual 3rd Amendment under the Bill of Rights.
Meanwhile, the Massachusetts assemblies, which had been dissolved for a year, reconvened in 1769. Upon their attempt to reassemble, they discovered their legislative houses surrounded by British troops, with cannons pointed directly at them. The British left no room for subtlety in their messaging. Since the crown nullified the right to assembly, the powers “have returned to the People at large for their exercise.”
Why is this important today: Right to assemble was covered in indictment #5. But what happens when “such Dissolutions…cause others to be elected?” Remember, the founders saw assembly as an inalienable right. Government is formed by people, and when men attack inalienable rights from positions outside of representative government, that means government is no longer serving the people.
Under Article 1, Section 4 of the United States constitution, election law reads as follows:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
Election law is left to the states and can only be changed by their legislatures. Election law cannot be changed by courts, or by executive orders. Which is exactly what happened in the 2020 election. Using the COVID-19 pandemic as a catalyst for extra-legislative action, several states used the courts to overturn their election laws.
This is not representative government under our Constitution. Most importantly, this is not representative government under Jefferson’s acknowledgment of our God-given rights. “Such Dissolutions caused others to be elected” just as the crown perpetrated in 1766. Thankfully, opposition to these acts were not met with quartered troops, but they have been met with charges of sedition, censorship and violence. And if we still valued our principles, these rights would have “returned to the People at large for their exercise”