That the colonies would refuse the sword was not very likely; but, as if to make a refusal impossible, the British Government, on December 22, 1775, decided to thrust the sword into their hands. This at all events was thought by many men to be the effect of the Prohibitory Act, which declared the colonies outside the protection of the Crown, and which, for the purpose of reducing them to submission, laid an embargo upon all their trade and proclaimed their ports in a state of blockade.

I know not [John Adams wrote] whether you have seen the Act of Parliament called the Restraining Act or Prohibitory Act, or Piratical Act, or Act of Independency—for by all these titles is it called. I think the most apposite is the Act of Independency; the King, Lords, and Commons have united in sundering this country from that, I think, forever. It is a complete dismemberment of the British Empire. It throws thirteen colonies out of the royal protection, and makes us independent in spite of supplications and entreaties. It may be fortunate that the act of Independency should come from the British Parliament rather than from the American Congress; but it is very odd that Americans should hesitate at accepting such a gift from them.

The majority of those who refused to accept it—and the number was large—retired, with saddened hearts for the most part, into the ranks of the British Loyalists; only a few, with John Dickinson at their head, could still visualize the vanishing image of reconciliation. Whether the Prohibitory Act made reconciliation impossible or not, one thing at all events it made clear: if Britain was bent on forcing the colonies to submit by ruining their trade, it could scarcely be good policy for the colonies to help her do it; of which the reasonable conclusion seemed to be that, since the Parliament wished to close the ports of America to the world, Congress would do well to open them to the world. On February 16, 1776, Congress accordingly took into “consideration the propriety of opening the ports.” To declare the ports open to the world was no doubt easily done; but the main thing after all was to carry on trade with the world; and this was not so easy since British naval vessels were there to prevent it. “We can’t carry on a beneficial trade, as our enemies will take our ships”; so Mr. Sherman said, and of this he thought the obvious inference was that “a treaty with a foreign power is necessary, before we open our trade, to protect it.”

“A treaty with a foreign power”—Mr. Wythe also mentioned this as a possible way of reviving the trade of the colonies; but a treaty with a foreign power was easier conceived of than made, and Mr. Wythe thought “other things are to be considered before we adopt such a measure.” In considering these “other things,” Mr. Wythe asked and answered the fundamental question: “In what character shall we treat?—as subjects of Great Britain—as rebels? … If we should offer our trade to the court of France, would they take notice of it any more than if Bristol or Liverpool should offer theirs, while we profess to be subjects? No. We must declare ourselves a free people.” Thus it appeared that the character of British subjects, no less than the Association, was a stumbling-block in the way of obtaining “the means of carrying on the war.” The sword, as an instrument for maintaining rights, could after all not be effectively wielded by America so long as her hand was shackled by even the half-broken ties of a professed allegiance to Britain. Therefore, when the Congress, on the 6th of April, opened the ports of the colonies to the world, the Declaration of Independence was a foregone conclusion.

The idea of independence, for many months past, had hovered like a disembodied hope or menace about the entrance ways of controversy. A few clear-sighted men, such as John Adams and Samuel Seabury, had so long contemplated the idea without blinking that it had taken on familiar form and substance. But the great majority had steadily refused to consider it, except as a possible alternative not needing for the present to be embraced. All these moderate, middle-of-the-way men had now to bring this idea into the focus of attention, for the great illusion that Britain would not push matters to extremities was rapidly dissolving, and the time was come when it was no longer possible for any man to be a British-American and when every man must decide whether it was better to be an American even at the price of rebellion or a Briton even at the price of submission. It is true that many never made up their minds on this point, being quite content to swear allegiance to whichever cause, according to time or place, happened to be in the ascendant. But of all those thinking men whose minds could be made up to stay, perhaps a third—this is the estimate of John Adams—joined the ranks of the British Loyalists; while the rest, with more or less reluctance, gave their support, little or great, to the cause of independence.

When one has made, with whatever reluctance, an irrevocable decision, it is doubtless well to become adjusted to it as rapidly as possible; and this he can best do by thinking of the decision as a wise one—the only one, in fact, which a sensible person could have made. Thus it was that the idea of independence, embraced by most men with reluctance as a last resort and a necessary evil, rapidly lost, in proportion as it seemed necessary, its character of evil, took on the character of the highest wisdom, and so came to be regarded as a predestined event which all honest patriots must rejoice in having had a hand in bringing about.

This change in the point of view would doubtless have been made in any case; but in rapidly investing the idea of independence with the shining virtues of an absolute good to be embraced joyously, a great influence must be ascribed to the little pamphlet entitled Common Sense, written by a man then known to good patriots as Thomas Paine, and printed in January, 1776. Intrinsically considered, Common Sense was indeed no great performance. The matter, thin at best, was neither profoundly nor subtly reasoned; the manner could hardly be described by even the most complacent critic as humane or engaging. Yet Common Sense had its brief hour of fame. Its good fortune was to come at the psychological moment; and being everywhere read during the months from January to July, 1776, it was precisely suited to convince men, not so much that they ought to declare independence, as that they ought to declare it gladly, ought to cast off lightly their former false and mawkish affection for the “mother country” and once for all to make an end of backward yearning looks over the shoulder at this burning Sodom.

To a militant patriot like Thomas Paine it was profoundly humiliating to recall that for ten years past Americans had professed themselves “humble and loyal subjects” and “dutiful children,” yielding to none in “admiration” for the “excellent British Constitution,” desiring only to live and die as free citizens under the protecting wing of the mother country. Recalling all this sickening sentimentalism, Mr. Paine uttered a loud and ringing Bosh! Let us clear our minds of cant, he said in effect, and ask ourselves what is the nature of government in general and of the famous British Constitution in particular. Like the Abbé Sieyès, Mr. Paine had completely mastered the science of government, which was in fact extremely simple. Men form societies, he said, to satisfy their wants, and then find that governments have to be established to restrain their wickedness; and therefore, since government is obviously a necessary evil, that government is best which is simplest.

Just consider then this “excellent British Constitution,” and say whether it is simple. On the contrary, it is the most complicated, irrational, and ridiculous contrivance ever devised as a government of enlightened men. Its admirers say that this complexity is a virtue, on account of the nice balance of powers between King, Lords, and Commons, which guarantees a kind of liberty through the resulting inertia of the whole. The Lords check the Commons and the Commons check the King. But how comes it that the King needs to be checked? Can he not be trusted? This is really the secret of the whole business—that Monarchy naturally tends to despotism; so that the complication of the British Constitution is a virtue only because its basic principle is false and vicious. If Americans still accept the doctrine of the Divine Right of Kings, well and good; if not, then in Heaven’s name let them cease to bow down in abject admiration of the British Constitution!

And in ceasing to admire the British Constitution, Americans should also, Thomas Paine thought, give up that other fatal error, the superstition that up to the present unhappy moment the colonies had derived great benefits from living under the protecting wing of the mother country. Protection! “We have boasted the protection of Great Britain, without considering that her motive was interest not attachment; and that she did not protect us from our enemies on our own account, but from her enemies on her own account, from those who have no quarrel with us on any other account, and who will always be our enemies on the same account.” An odd sort of protection that, which served only to entangle the colonies in the toils of European intrigues and rivalries, and to make enemies of those who would otherwise be friends! “Our duty to mankind at large, as well as to ourselves, instructs us to renounce the alliance: because, any submission to, or dependence upon, Great Britain, tends directly to involve this continent in European wars and quarrels, and set us at variance with nations who would otherwise seek our friendship and against whom we have neither anger nor complaint.”