By Ben Jealous
(Trice Edney Wire) – My grandmother was born in 1916 on the same red Virginia ground where her grandfather was born enslaved. She lived to one hundred and five. She carried the weight of what her family had been to my family, and what her family had been to itself, the way you carry a stone you cannot put down. When she died, the stone passed to me.
I went looking.
What I found was a paradox written in blood.
The man Thomas Jefferson called “the most learned and logical” of the founding generation was my fifth great-grandfather. In 1766 he wrote that Parliament’s fleets and armies might give it power, but not right. He wrote that shackles, however nicely polished, would never sit easy on free men. He was Jefferson’s cousin and political mentor. He helped invent the American argument.
He owned thirty human beings.
In 1769, in Jefferson’s first session in the House of Burgesses, the young man asked his old mentor to do one brave thing: introduce a bill making it easier for masters to free the people they enslaved. Bland did as Jefferson asked. He was denounced as an enemy to his country. In Jefferson’s words, he was “treated with the grossest indecorum.”
He kept his thirty slaves. He died still holding them.
That is the strange courage of the founding. A man who understood that government without consent is tyranny could not break the shackles in his own house. He indicted himself with his own argument. So did Jefferson. So did every Virginia patriot who signed his name to natural rights while holding the title to another human being.
They wrote the creed anyway. They knew it would destabilize them. And the argument they could not finish was picked up by the people they would not free.
A hundred years later, the great-great-grandson of the man they would not free left the place of his enslavement as a teenager and never looked back. He cobbled shoes. He preached. He kept a lighthouse on the same point of land where the patriot’s plantation once stood. In 1879 the people of Prince George and Surry Counties elected him to the Virginia House of Delegates as part of the most successful biracial coalition in the nineteenth-century South.
They abolished the poll tax. They tore down the public whipping post. They founded what is now Virginia State University. They rebuilt the colleges the war had broken. They funded free public schools for every Virginia child, Black and White. They built, for one bright moment, the Virginia the patriot could have written into law and would not.
The Danville Massacre of 1883 ended that coalition with bullets. The argument went unfinished again.
It is unfinished still.
Read the grievances in the Declaration of Independence one more time. Standing armies in our streets without the consent of our legislatures. The military rendered superior to the civil power.
Quartering armed troops among us. The protection of armed men, by mock trial, from punishment for murders committed against us.
Last June the President federalized California National Guardsmen and active-duty Marines and sent them into Los Angeles over the governor’s objection. A federal judge ruled it violated the Posse Comitatus Act. Patrick Henry warned of exactly this in 1788. He used almost the same words.
The Fourth Amendment was written because British officers used general warrants — blank checks to search any home, any paper, any person. In 2024 the Fifth Circuit ruled that geofence warrants, which sweep up the data of everyone near a crime scene, are “modern-day general warrants” forbidden by the Constitution. The court named the colonial writs of assistance.
Section 702 of FISA lets the government query Americans’ communications — swept up in surveillance of foreign targets — without a warrant. The 1033 Program has poured seven billion dollars of military gear into ten thousand local police departments. Breonna Taylor was killed in her bed. Amir Locke was killed in his sleep. Both by officers serving no-knock warrants. Both, in the language of 1776, victims of armed troops quartered among us, protected from punishment by a mock trial.
This is not a left issue. It is not a right issue. Ron Wyden and Rand Paul wrote the Fourth Amendment Is Not For Sale Act together. The ACLU and Cato agree. The grievances are not partisan because the grievances are not new. They are the same grievances written in the same hand against the same kind of power.
The patriot understood the principle and could not live by it. His descendant lived it and was outvoted by force. My grandmother carried the weight of that unfinished business her whole life and never put it down.
It was unfinished in 1776. Unfinished in 1865. Unfinished in 1965.
It is unfinished now.
And it is ours to finish.
Ben Jealous is a professor of practice at the University of Pennsylvania and former President & CEO of the NAACP.
