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Os Estados Unidos da América celebram hoje mais um ano da sua Declaração de Independência.
É curioso, contudo, que o quadro mais celebrado da nação norte-americana (assinatura da Declaração de Independência) não corresponde a nenhuma sessão que tenha congregado os subscritores. Os fundadores foram assinando o documento ao longo do tempo, e não houve nenhum acto que os tivesse juntado todos, como pretende o quadro que é anualmente visto por cerca de 3 milhões de pessoas, no Congresso. A intenção do artista, ainda que não sustentada pela realidade material, regista o nascimento de uma Nação que veio menos de cento e cinquenta anos depois a alcandorar-se ao lugar cimeiro no contexto mundial.
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Declaration of Independence
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Primary Source Document[1776] In Congress, July 4, 1776
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The Unanimous Declaration of the Thirteen United States of America
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When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.--We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,--That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.
To prove this, let Facts be submitted to a candid world.--He has refused his Assent to Laws, the most wholesome and necessary for the public good.--He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.--He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.--He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.--He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.--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 mean time exposed to all the dangers of invasion from without, and convulsions within.--He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.--He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.--He has made judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.--He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.--He has kept among us, in times of peace, Standing Armies, without the Consent of our legislatures.--He has affected to render the Military independent of and superior to the Civil power.--He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:--For quartering large bodies of armed troops among us:--For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:--For cutting off our Trade with all parts of the world:--For imposing Taxes on us without our Consent:--For depriving us in many cases, of the benefits of Trial by Jury:--For transporting us beyond Seas to be tried for pretended offences:--For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:--For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:--For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.--He has abdicated Government here, by declaring us out of his Protection and waging War against us.--He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.--He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.--He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.--He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. 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. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind. Enemies in War, in Peace Friends.--
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, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.--And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
A Declaration The President Ignores
By John Fabian WittWednesday, July 4, 2007; Page A15
As we gather around picnic tables and backyard barbecues today, we should pause to consider a forgotten dimension of the occasion -- one that is as important now as it was on July 4, 1776.
We all know that the Declaration of Independence announced the United States' freedom from the British Empire. We all remember that it declared certain truths to be self-evident. But what you probably haven't heard is that the declaration also advanced an idea about war. The idea was that war ought to be governed by law.
In late June 1776, as the first detachments of what was to become a sizable British force were landing 90 miles away in New York, Thomas Jefferson and the Continental Congress in Philadelphia drew up charges denouncing King George III to the world. The accusations were to serve as the core of the declaration. The climactic final charges, for which the rest were prologue, indicted the king for war crimes.
Britain's navy, wrote Jefferson and the Congress, had "plundered our Seas," while its armies had "ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People." Jefferson accused the British of employing legions of foreign mercenaries to commit acts of death and desolation "scarcely paralleled in the most barbarous Ages," acts unworthy of civilized nations. He charged British forces with taking Americans hostage and compelling them to bear arms against their own country. He and the Congress concluded their litany of war crimes by condemning the king's two most fiendish offenses against the laws of war: inciting slave insurrections and encouraging attacks by "merciless Indian Savages, whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes and Conditions."
Jefferson's original draft added a further war crime allegation that did not make it into Congress's final version: the "piratical warfare" of the English slave trade, which was a "cruel war against human nature itself." Delegates from Georgia and South Carolina insisted that the passage be removed. But as Jefferson conceived it, the slave trade was akin to piracy, the most treacherous violation of the 18th-century laws of war.
The declaration was the beginning of a remarkable but now little-remembered American tradition in the laws of war. In the 1780s, a treaty with Prussia committed the United States to follow European rules of warfare. During the Civil War, Abraham Lincoln published a code for the Union Army that serves to this day as the foundation for the law of war around the globe.
In the 20th century, Americans took a lead role in establishing the modern law of war. Franklin Roosevelt directed the creation of the Nuremberg tribunal for high-ranking German war criminals, and his aides wrote the U.N. charter's rules for the use of force. In this century we can see traces of Jefferson's charges in the law of naval warfare, in the distinction between combatants and civilians, in international law restricting the use of mercenaries and in the Third Geneva Convention's rules on prisoners of war.
Today, of course, much of the world thinks that the United States has traded places with George III's British Empire. We are the global hegemon, and since Sept. 11, 2001, we have become infamous the world over for eschewing the law of war in the name of patriotic self-defense. At Guantanamo, in shadowy secret CIA prisons, at Abu Ghraib, and elsewhere, leaders in the White House, the Justice Department, and the intelligence agencies have disowned the laws of war as unacceptable constraints on the pursuit of national security.
The tragedy of the post-Sept. 11 American assault on the laws of war is that it seems to have been not only shameful but self-defeating. Disrespect for what the declaration called "the Opinions of Mankind" has fueled anti-American sentiment and spurred terrorist recruitment in North Africa, Europe and the Middle East. Illegal interrogation tactics seem to have produced disappointingly little intelligence. And extraordinary renditions to secret prisons have disrupted the cooperation of many of our most important allies in the war on terrorism, producing arrest warrants against U.S. intelligence agents in Germany and Italy. Patriotism at the expense of the laws of war seems to have gone badly awry.
For the delegates to the Continental Congress in 1776 -- as for Lincoln and Roosevelt in subsequent centuries -- patriotism and the laws of war went hand in hand. Since the revolution, Americans have helped shape a law of war that advanced the nation's interests. In moments of great crisis, our finest leaders have forged a powerful union between the security of the nation and the laws of war. It's a lesson from the first July 4 that we could sorely use again this year.
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John Fabian Witt, a professor of law and history at Columbia University, is writing a book on the laws of war in American history
