The Royalist Revolution: Monarchy and the American Founding (Nelson)

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RamistThomist

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Nelson, Eric. The Royalist Revolution: Monarchy and the American Founding. Harvard University Press, 2014.

This is political theology in its best and purest sense. As we expound Eric Nelson’s thesis, we have to make clear what he is not saying: he is not saying that the patriots were secretly monarchists. Although it is true that Adams and Wilson praised monarchy, and Alexander Hamilton practically wanted one by a different name, that would be going beyond the evidence. The royalists wanted a strong prerogative in the executive branch, one far stronger than was found in the English monarchy.

Flow of argument:

Dominion theory: The colonists were subject to the king, not Parliament because “the king’s prerogative crossed the ocean, but Parliament’s authority ended at Britain’s shore” (Nelson 30-31). They had history on their side, too, as most colonies began as some sort of charter from King James I or Charles I. Therefore, any attempt by Parliament to tax the colonists was in fact an attack on the king’s prerogative. This means, strangely enough, that certain patriots were actually arguing for the prerogative exercised in the days of the Stuart monarchy.

From here Nelson marshals numerous primary sources detailing the King’s prerogative over the colonies. I can only refer the reader to pages 38-52. The most telling passage is from Alexander Hamilton himself. Hamilton notes, “There must indeed be some connecting, pervading principle; but this is found in the person and prerogative of the King…His power is equal to his purpose, and his interest binds him to the due prosecution of it” (Farmer Refuted, 16, quoted in Nelson 58).

Representation

Who speaks for whom? All sides struggled with the difficulty of how one representative actually represents his people. Neither side had a particularly satisfactory answer. Republicans might think that one man, a king, cannot represent the diversity of people in his realm. But it is not clear how republicanism can escape this charge, either. This is one of Nelson’s best chapters. Even if one disagrees with him, such that the monarch better represents the people, one leaves with a clear sense of what “representation” actually entails.

Parliamentarian Theory: People can only be truly represented by an assembly, as argued originally by John Milton and Marchamont Nedham (66-67). In other words, legitimate representation can only happen if there is a sufficient enough image of those represented (69).

“Any agency” theory: This view was maintained by John Adams. For Adams, any agency, whether king or parliament, can represent a people (68).

Royalists countered the Parliamentarian Theory with the simple observation that any “authorized” agency can function as a legitimate representative. This claim came with a devastating inference, one which patriots felt most keenly: as Parliament had no authority beyond Britain, it could not legitimately represent the colonies (71).

There are even simpler problems with the Parliamentarian Theory. For example, it is not clear why elected representatives, almost none of whom I have voted for, better represent me than a monarch. To be sure, later American theorists were able to alleviate much of this problem with the invention of a bicameral legislature.

Moreover, most Englishmen, even with Parliamentarian representation, had little to no say about the actual laws of England, so it is not immediately clear what representation would change in America. The Parliamentarian Theory needed, which it probably got only too late, “some sort of mechanism by which the consent of some could stand for the consent of all” (71). As we will say, and as it played out in America, Parliament needed a “geometrically proportionate” image of the people,” capturing “the essence of the kingdom” (73).

As it stood, though, Parliament could never claim to be a real image of the people. Whatever the problems of monarchy, representative governments are always subject to factionalism, “whereas the king’s interests always align with the kingdom” (77). He “can only prosper if the kingdom prospers” (78).

Common Sense

Even though Thomas Paine was an ungodly buffoon, and even though his arguments were terrible, he did turn the intellectual tide. In short, if patriots were represented by the king, then they could directly indict the king for failing to promote their interests. Godly patriots had simply complained against the type of king George (or Charles Stuart) was, and 1 Samuel 8 was only an attack on bad kings. Paine and Milton saw it as an attack on kingship itself (though they never explained Deuteronomy 17 or the prophets' glowing references to Davis's kingship).

Accordingly, earlier writings defined “respublica to denote any correctly ordered state” (116). Now it meant representative government without a king. Although Nelson does not mention it, one can see a reverse idolatry here: as long as you do not have a king in your government, your government is good. Even better: if you have the sacred words “republic” or “representation,” your government is biblical. In light of that, Nelson does make the following observation: “The danger of Paine’s position…is that it encourages colonial readers to become anxious about precisely the wrong things–to pursue shadow over substance” (130).

Royalism Revisited

In chapters four and following, Nelson returns to the royalist argument. As it became clear that George would not budge, although he was technically following custom and tradition, royalist patriots revised their argument: they strengthened the executives prerogatives beyond what George had while removing the formal trappings of kingship.

For all practical purposes, and Alexander Hamilton’s skillful work made this very clear, Americans now had a monarch more powerful than George, for Hamilton wanted a “robust prerogative within reasonable bounds of a true mixed monarchy” (169). Or, as John Adams so frequently remarked, what they wanted, in spirit if not in form, is a republican monarchy: “England is a republic, a monarchical republic it is true, but a republic still: because the sovereignty, which is the legislative power, is vested in more than one man” (Defence, quoted in Nelson 206).

Evaluation

I agree with Nelson’s theory. There is one remaining doubt: if the original founders, most of them anyway, were sympathetic with the idea of monarchy, then why did America’s narrative of being “anti-king” gain such sway? We cannot simply blame it on modern education, nor can we blame most of it on the Deist Thomas Paine, though he shares some of the blame.

In terms of an intellectual argument, the “Patriot Royalists” were entirely correct. I do not see how one can argue against Nelson’s use of the sources. Strangely enough, even discounting Paine’s bombastic rhetoric, it seems clear that the Royalist narrative was destined to lose, and I think there are reasons for that. Whatever else may be true of King George and the earlier Stuarts, George had no intention of being a Stuart monarch (63). That is why Nelson’s thesis, although true, has a strange feel about it. By not modeling himself after a tyrannical monarch, George was seen as a tyrannical monarch! That is the main problem with Nelson’s argument, if it is actually a problem. The facts bear it out, however strange it may appear.
 
Does Nelson speak about Jefferson's virulent anti-monarchialism and the influence he had?

He does, though most of his argument centers around Hamilton's and Adams's reworking of earlier royalist arguments. The Jefferson angle makes sense, given how Jefferson and Hamilton would disagree about the nature of the executive office. Another reason he doesn't go into full detail is Jefferson's absence from the Constitutional Convention.

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Because of length reasons, I didn't go into Nelson's endnotes, though they are very instructive.

"The Whig saw in Parliament the nation itself in miniature" (242 n.50).
"Kings are not the only tyrants: the conduct of the long Parliament will justify me in adding that Kings are no the severest tyrants" (Wilson, quoted on 256 n.44).

Does Nelson speak about Jefferson's virulent anti-monarchialism and the influence he had?

He specifically notes it in an endnote:

"Hamilton," Jefferson announced, "was not only a monarchist but for a monarchy bottomed on corruption" (Works of Thomas Jefferson I:179, quoted in Nelson, 329 n.73).
 
Royalists countered the Parliamentarian Theory with the simple observation that any “authorized” agency can function as a legitimate representative. This claim came with a devastating inference, one which patriots felt most keenly: as Parliament had no authority beyond Britain, it could not legitimately represent the colonies (71).
So why couldn't Parliament be authorized as an agency to represent the people in its colonial holdings? In any event, I think it is untrue to say that "Parliament had no authority beyond Britain" if by that you mean they had no authority in the colonies - they certainly had authority to tax, send troops, appoint governors, etc. (or at least controlled such by their holding of the purse strings). I don't believe the issue wasn't really about representation - the American Declaration of Independence ends by reminding the British brethren that the Americans had reminded them "from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us." The issue was more to do with a separate identity - while admitting "the ties of our common kindred" there is a reminder of "the circumstances of our emigration and settlement here." This may be one of many vague reference in the Declaration, but it seems to be a reference to the fact that many colonists originally settled in the Americans to enjoy not being represented (and thus controlled) by the British King and Parliament.

There are even simpler problems with the Parliamentarian Theory. For example, it is not clear why elected representatives, almost none of whom I have voted for, better represent me than a monarch. To be sure, later American theorists were able to alleviate much of this problem with the invention of a bicameral legislature.
How does bicameralism "alleviate much of this problem"? I have voted for none of my current local, state, or federal representatives so I would think the problem remains regardless of how the legislature is composed (remember, too, that in the original US Constitution, the Senate was elected by state legislatures, not the masses).

Even though Thomas Paine was an ungodly buffoon, and even though his arguments were terrible, he did turn the intellectual tide. In short, if patriots were represented by the king, then they could directly indict the king for failing to promote their interests. Godly patriots had simply complained against the type of king George (or Charles Stuart) was, and 1 Samuel 8 was only an attack on bad kings. Paine and Milton saw it as an attack on kingship itself (though they never explained Deuteronomy 17 or the prophets' glowing references to Davis's kingship).
Indeed - this is apparent in the Declaration of Independence: "A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people." It is not throwing off monarchy per se, it is a throwing off of a government that allows a tyrant - so it is implicating both the current King and the Parliament, while admittedly not throwing out either concept (monarchy or republicanism).

I agree with Nelson’s theory. There is one remaining doubt: if the original founders, most of them anyway, were sympathetic with the idea of monarchy, then why did America’s narrative of being “anti-king” gain such sway? We cannot simply blame it on modern education, nor can we blame most of it on the Deist Thomas Paine, though he shares some of the blame.
It is interesting that Parliament is never mentioned in the Declaration of Independence (beyond the aforementioned "attempts by their legislature to extend an unwarrantable jurisdiction over us") - it is all about "The history of the present King of Great Britain" and his "history of repeated injuries and usurpations": "He has... He has... He has..." Even the simplistic thesis that the revolt was over "taxation without representation" is suspect - the colonists did blame the King for "For imposing Taxes on us without our Consent," but is not the same as saying "without representation." As the close of the Declaration demonstrates, they definitely saw that they were (1) part of (politically connected to) Great Britain and (2) already engaged in parliamentary representation: "We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States...."

I sense too little has been done to bring out the distinct political theories within the Declaration - it in many ways maintains very different positions and emphases from the later Constitution. I think it can be argued that the latter departs from many of the principles of the former. Perhaps the rapid development of an anti-Royalist/monarchist mentality is a larger part of that departure than I have previously considered - thanks for sharing this review.
 
The Declaration is a bit complicated because it uses a lot of rhetorical devices against the King, when the real target is Parliamentary actions. For that, I recommend Pauline Maier's American Scripture and Bernard Baylin's Ideological Origins of the American Revolution. John Philip Reid and J.G.A. Pocock's writings are also worth noting in their studies of legal and historical rhetoric of the era. I bit off far more than I could chew for my honors thesis and had to rapidly trim it down in scope (25% my skill and 75% discipline/diligence played a role), but the core of my thesis was that the Declaration is a British Constitutional document and that the American Revolution could be defined as the British Civil War, being more in line with the Glorious Revolution than the French, including rhetorically. Happy to PM a copy if you're up for writing that fell way short but where the bibliography and sources are a lot better than I was.

The taxation without representation bit actually is really, really important to that era's thinking, and it's quite apart from questions about the rates (which were much lower than in Britain). It's a question of the authority to do it. The distances involved made it such that even if the colonies had real representation in Parliament, it would still be seen as without representation because of being governed so far away. If a system like the Dominions had been created, which was essentially what Burke was arguing for the American colonies, then you'd have likely had the conflict defused into a workable situation that held for a similar period as the Canadian and Australian dominions.

Where it gets complicated is that a "Dominion of America" or 2-4 would quickly end up being bigger than the home nation in terms of power and influence, strongly enough that either independence occurs because Britain doesn't want to be overshadowed by their child or that the capital of the empire moves to America, probably New York or Philadelphia, with many more home nations than the 4. India was a crown jewel for the British Empire but it was the consolation prize for what the Atlantic Empire would have been.
 
So why couldn't Parliament be authorized as an agency to represent the people in its colonial holdings?

Then current British law and tradition.
It is interesting that Parliament is never mentioned in the Declaration of Independence (beyond the aforementioned "attempts by their legislature to extend an unwarrantable jurisdiction over us") - it is all about "The history of the present King of Great Britain" and his "history of repeated injuries and usurpations": "He has... He has... He has..." Even the simplistic thesis that the revolt was over "taxation without representation" is suspect - the colonists did blame the King for "For imposing Taxes on us without our Consent," but is not the same as saying "without representation." As the close of the Declaration demonstrates, they definitely saw that they were (1) part of (politically connected to) Great Britain and (2) already engaged in parliamentary representation: "We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that

As contemporary readers of the Declaration knew, notably John Adams, it is rhetorical fiction. Only a few of Jefferson's complaints withstand scrutiny.
How does bicameralism "alleviate much of this problem"? I have voted for none of my current local, state, or federal representatives so I would think the problem remains regardless of how the legislature is composed (remember, too, that in the original US Constitution, the Senate was elected by state legislatures, not the masses).

That is a big problem in any type of representative government. Our answer depends on how "representation" is glossed. The bicameral solution presupposes a "geometric form." Texas only gets two senators, same as Rhode Island. On the other hand, they get more representatives, so it kind of balances out. Is it perfect? Of course not, but it is about as good as any answer to a conceptual problem. And I think the problem still remains.
I sense too little has been done to bring out the distinct political theories within the Declaration - it in many ways maintains very different positions and emphases from the later Constitution. I think it can be argued that the latter departs from many of the principles of the former. Perhaps the rapid development of an anti-Royalist/monarchist mentality is a larger part of that departure than I have previously considered - thanks for sharing this review.

Sure they have. It's called Libertarianism (not the weed or prostitution kind). Jefferson's mention of 'god' keeps it from being overtly Deist.
 
It's interesting (to me) to compare and contrast the above with the South American colonies, which were considered to be personal property of the monarch, and therefore only in personal union with the Kingdom of Spain. Thus when Napoleon deposed Ferdinand VII, that link was weakened/broken, and not to be rejoined, as it turned out. Though, of course are a lot of dissimilarities, as well.
 
It's interesting (to me) to compare and contrast the above with the South American colonies, which were considered to be personal property of the monarch, and therefore only in personal union with the Kingdom of Spain. Thus when Napoleon deposed Ferdinand VII, that link was weakened/broken, and not to be rejoined, as it turned out. Though, of course are a lot of dissimilarities, as well.
Why would that not have simply made Joseph Bonaparte owner of the Spanish colonies? This is an interesting idea and one new to me... I always thought that the Spanish colonies revolted simply because of the perception of weakness/chaos in the seat of the empire.
 
Why would that not have simply made Joseph Bonaparte owner of the Spanish colonies?

French agents did sail to the New World and let them know they were now under Napoleonic rule, but he was not accepted as legitimate. So, for example, in Venezuela the Supreme Junta to Preserve the Rights of Ferdinand VII was formed (ostensibly) with the same intent as the other juntas in Spain, to rule in Ferdinand's name.
 
David Starkey, a monarchist expert, had a lecture on youtube a few years back where he likened the US and UK systems. The parallels were striking.
 
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