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Pursuit of Happiness 409<br />

to this view, was meant to encompass all the preconditions<br />

that make the pursuit of happiness possible. Rather than<br />

merely negative rights, the phrase supposedly imposes on<br />

government the political obligation to ensure all of the conditions<br />

essential to the happiness of each member of society<br />

be met. As understood in this way, the “pursuit of<br />

happiness” requires that government accommodate the<br />

modern desire for increased social welfare and environmental<br />

and cultural regulation. Garry Wills, Scott Gerber,<br />

and Richard K. Matthews are among the leading exponents<br />

of this interpretation.<br />

Both the traditional and modern interpretations fall short<br />

of conveying the richness of the idea of happiness as it was<br />

used in the late 17th and 18th centuries. Because government<br />

is expected to do so much today, the distinction<br />

between government and nonpolitical social institutions<br />

has been blurred, and what is “social” and “public” is typically<br />

associated with government. Thus, the traditional<br />

Lockean interpretation is liable to be misunderstood as<br />

devoid of social concern and narrowly economic. The modern<br />

interpretation, in contrast, while providing a sense of<br />

the social dimension suggested by the term, makes an<br />

assumption about the primacy of government that was no<br />

part of the original understanding.<br />

The distinction between government and society was<br />

fundamental to English and American Whigs, who argued<br />

against monarchical absolutism and an intrusive government.<br />

For these libertarian forebears, happiness had a specific<br />

meaning tied closely to freedom of association. It<br />

referred to a flourishing of society in which voluntary organizations<br />

formed and throve for all manner of purposes.<br />

Such a society was thought to entail a limited government<br />

based on consent, with strong protections for the right to<br />

own property as a precondition for liberty. Only then could<br />

individuals follow their natural inclinations and their rational<br />

faculties to pursue the widest range of personal objectives:<br />

commercial, philanthropic, religious, and social.<br />

Thus, the premier Whig essayists of the Atlantic world,<br />

John Trenchard and Thomas Gordon, could write that “True<br />

and impartial liberty is ...the right of every man to pursue<br />

the natural, reasonable, and religious dictates of his own<br />

mind.” Observing that such “liberty is the divine source of<br />

all human happiness,” they contended that “countries are<br />

generally peopled in proportion as they are free, and are<br />

certainly happy in that proportion.” Free association, for all<br />

sorts of reasons, was the basis for happiness in civil society.<br />

This notion was commonplace among Americans of the<br />

18th century.<br />

In 1766, Richard Bland of Williamsburg wrote that<br />

Virginians were not obliged to remain in submission to “the<br />

publick Authority of the State...longer than they find it will<br />

conduce to their Happiness, which they have a natural Right<br />

to promote.” Daniel Shute of Boston remarked in 1768 that<br />

“Civil government among mankind is not a resignation of<br />

their natural privileges, but that method of securing them to<br />

which they are morally obliged as conducive to their happiness.”<br />

George Mason noted in his draft of the Declaration of<br />

Rights for Virginia in June of 1776 that<br />

all men are by nature equally free and independent, and<br />

have certain inherent rights, of which, when they enter into<br />

a state of society, they cannot by any compact deprive or<br />

divest their posterity; namely, the enjoyment of life and<br />

liberty, with the means of acquiring and possessing property,<br />

and pursuing and obtaining happiness and safety.<br />

Many have viewed Jefferson’s composition as a more<br />

effective revision of this earlier text. There are other possible<br />

influences.<br />

A number of scholars have pointed to the important<br />

place of the Scottish moralists in Jefferson’s thought. These<br />

Scottish thinkers, each in their own way, postulated an<br />

inborn moral sense or sentiment beyond mere self-interest<br />

that gave to individuals an immediate experience of the<br />

good. Individuals could be trusted to govern themselves<br />

because human motivation embraced a capacity for<br />

empathizing with the plight of others and associating for<br />

reasons other than just material gratification. Acts of faith<br />

and philanthropy had their own rewards. Perhaps the most<br />

significant source for this view comes from a work highly<br />

recommended by Jefferson and one that he read with care<br />

long before he composed the Declaration: Henry Home,<br />

Lord Kames’s Essays on Morality and Natural Religion. In<br />

writing of the Creator and his work, Kames notes:<br />

What various and complicated machinery is here! and regulated<br />

with what exquisite art! While man pursues happiness<br />

as his chief aim, thou bendest self-love into the social<br />

direction. Thou infusest the generous principle, which<br />

makes him feel for sorrows not his own . . . and by sympathy<br />

linked man to man; that nothing might be solitary in<br />

thy world, but all tend to mutual association.<br />

This idea was endorsed by Jefferson, who remarked that<br />

a “moral sense was as much a part of man as his leg or<br />

arm.” The moral sense formed an important reason for<br />

Jefferson’s confidence in the ability of individuals to exercise<br />

personal self-government. The pursuit of happiness<br />

was thus broader than the right to own property, but it was<br />

in no way opposed to it. From the ultimate right of selfownership,<br />

individuals possessed the capacity to pursue<br />

their aspirations in association with others who might hold<br />

similar convictions. Thus, the pursuit of happiness was<br />

social and public, but not primarily or even essentially<br />

political. Politics entered the picture only to the extent that<br />

a limited government maintained the peace and enforced<br />

the rules of just conduct. The result, Jefferson doubtless<br />

thought, would be a flourishing associational life.<br />

HLE

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