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Updated: May 19, 2025
This is the question. If you intend to reserve your unalienable rights, you must have the most express stipulation; for, if implication be allowed, you are ousted of those rights.
The whole statement that the governments which are instituted among men to secure the unalienable rights of individuals, universally "derive their just powers from the consent of the governed," is inconsistent with the proposition that governments are the expression of the mere will of the majority, for it is only their "just powers" that governments "derive" from "the consent of the governed," and the will of the majority may be just or unjust.
In the next it declares not only "that all men are created equal," but that they have "unalienable rights of life, liberty and the pursuit of happiness," not by virtue of any social contract or other form of consent, but by "endowment," that is, by voluntary gift and grant of "their Creator."
Have the titled earned their dignities by any proofs of exalted virtue? Were not these dignities things of accident, in which the owners had no share, and of which they are generally unworthy? And shall hope be thus cowed and killed, without my daring to exert the first and most unalienable of the rights of man, freedom of thought?
Whether this great privilege, sir, is not violated; whether the unalienable right of a free subject is not infringed, by the question put to the person at our bar, the house must decide.
Secondly, and consequently, that every individual has, by virtue of his or her being created the equal of each and every other individual, the right to life, liberty, and the pursuit of happiness, so in his or her own keeping that that right is unalienable without his or her consent.
But it is clearly laid down as a fundamental principle of the all-pervasive common law, that rights given by the Creator are unalienable, and that no human being, however emphatically he may declare, or will, or agree to the contrary, may by any possible act of any other human being or of any set of human beings, whether calling themselves a government or not, or by any possible means, deprive himself, or be deprived of the right of life, liberty and the pursuit of happiness these being necessarily incidental to the original right of equality.
That all men are created equal, that they are endowed by their creator with certain unalienable rights, and that among these are life, liberty and the pursuit of happiness." It's no secret here at home freedom's door opened long ago. The cornerstones of this free society have already been set in place: democracy, competition, opportunity, private investment, stewardship, and of course, leadership.
Yes! as we sat beneath the toppling rocks, beside the waterfalls, near Forests, ancient as the hills, And folding sunny spots of greenery, where the chamois grazed, and the timid squirrel laid up its hoard descanting on the charms of nature, drinking in the while her unalienable beauties we were, in an empty world, happy.
I had no doubt that the consent of both people would be obtained with as much ease and little more loss of time than it actually took Congress to prepare an act for the government of the territory; and I thought this course of proceeding, while it would terminate in the same result as the immediate exercise of ungranted transcendental powers by Congress, would serve as a landmark of correct principles for future times, as a memorial of homage to the fundamental principles of civil society, to the primitive sovereignty of the people, and the unalienable rights of man."
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