Taking On The Critics

As an example of the kind of misportrayals and mischaracterizations that David Barton is subjected to by critics, we have provided the following excerpt from an article written by Barry Hankins, an associate director of Baylor University’s JM Dawson Institute of Church-State Studies. Hankins’ article was entitled Separation Of Church And State Is Not Just For Liberals, and is typical of works by secularism advocates in that while it purports to discuss the “history” of church-state separation, it fails to use historical sources but instead overwhelmingly relies on works from current sources rather than primary or original sources. (David Barton’s response is provided below the article excerpt.)

Separation Of Church And State Is Not Just For Liberals excerpt:

Close observers of this phenomenon will know that arguably the most prolific and effective proponent of the antiseparationist view is David Barton, the former math teacher and high school principal who founded Wall Builders, headquartered in Aledo, Texas. Barton barnstorms the country with high tech slide-show presentations purporting to prove that the founders intended to establish a nation that gave preference to Christianity. He has written the aptly titled The Myth of Separation. In all his books, tapes, and public addresses, Barton relies heavily on selected quotations from America’s founders.

Recently Robert Alley, professor emeritus at Richmond University and an expert on James Madison, questioned a Barton quote attributed to Madison. When Alley’s research revealed that Madison had probably never uttered the remark in question, Barton retracted it. In an astounding move, Barton also issued a published retraction of 11 other quotes, listing 10 as questionable and two, including the Madison quote, as false.[7] However, the flap does not seem to have slowed Barton’s juggernaut.

David Barton’s response:

August 30, 2003
Barry Hankins
J. M. Dawson Institute
Baylor University
Waco, TX 76798

Mr. Hankins:

I recently was given an article you had authored, “Separation of Church and State is not Just for Liberals.” The copy I received was undated; perhaps it is an older article; nevertheless, since I was a subject of your pen (and since you never took the time to consult me either to confirm or deny what you alleged about me), I thought I would present you with a few facts concerning the misrepresentations you made about me on page 1 of that article:

1. To my knowledge, the only time I have acknowledged or read anything that Robert Alley has written was his attack on me for speaking at Gov. George Allen’s Inauguration in January 1994. It may come as a complete surprise to you to learn that I neither read nor follow anything Robert Alley may or may not say about me, nor have I read any article by him about Madison or his writings.

2. Since I do not read Alley’s materials nor do I concern myself with his writings, he clearly had no influence on our publication of the “Questionable Quotes” list. Consider: we listed over a dozen questionable quotes but Alley apparently mentioned only the Madison quote; and you assert that was the reason we issued our much more extensive list? Ridiculous! In fact, to our knowledge, my article about the uncertainty of the Madison quote predated his; we did not change our position in response to anything he wrote; rather, I publicly announced that I would no longer use the Madison quote (and others) not because it was inaccurate but rather because I had determined to raise the scholarship of the debate from an academic level to the higher level of legal documentation known as “best evidence” – a level of documentation that most of those in your camp have yet to embrace.

(For example, In Search of Christian America, written by three PhDs from your viewpoint, purports to search the Founding Era (1760-1805) for evidences of official acknowledgments of Christianity and concludes that there is a lack of such evidence. However, of the hundreds of sources cited to reach that conclusion, some 80 percent were taken from sources published after 1950 – more than a century-and-a-half after the period they purport to investigate! Such disparate and dissimilar sources would be unacceptable in a court of law.)

3. Alley can neither claim that Madison “never” uttered the “quote in question” about the Ten Commandments nor that it was “false.” As you yourself know, Madison’s “Detached Memoranda” (surely one of your favorite documents) was not “discovered” until 1946. More Madison letters previously unknown are found regularly, often in the estates of recently deceased individuals who held private collections or inherited family heirlooms received directly from Madison’s hand. Furthermore, much of what is known about Madison and his diverse and often changing viewpoints frequently comes from Madison’s contemporaries rather than from his own writings.

For example, more of Madison’s succinct statements against slavery are available through his personal interviews with Harriet Martineau (published in the early 1800s) than from his own writings. Alley can no more claim that the Madison quote does not exist than I can claim that it does. However, I can show that the Madison “quote in question” has been in circulation for generations, and I can document it (as I did) to non-modern works and works by credentialed historians. Quite simply, neither I nor Alley can say whether or not the Madison quote is false; however, I simply decided that I would no longer quote academics, historians, or doctorates of history to establish what the Founders said (as you regularly do) but instead I would cite only primary source documentation that meets a legal standard of evidence. (I continue to challenge your side to meet the same standard.)

4. Your claim that “The flap does not seem to have slowed Barton’s juggernaut” is baseless and irrelevant simply because there was no flap other than what you attempted to concoct. Furthermore, the specific work you so recklessly demean (The Myth of Separation) provided over 750 footnoted citations. Therefore, for us to drop a dozen quotes from that work represented a trivially small percentage and no historical conclusion was changed.

For example, rather than continuing to use the uncertain James Madison quote on the Ten Commandments, I replaced it with irrefutably-documented statements by other Founders on the same subject – such as the Ten Commandments quote by John Adams (by the way, Adams – unlike Madison – actually signed the Bill of Rights and is an equally competent legal authority on the subject). As a result of my decision to elevate the level of documentation, we replaced The Myth of Separation with Original Intent – a work with over 1,400 footnotes (rather than the 750 in Myth), and a work that not only meets legal standards of scrutiny but that also arrives at the identical historical conclusions reached in The Myth of Separation.

5. On the other hand, I notice that in books from those of your perspective, few footnotes are presented. For example, in The Godless Constitution – an allegedly “scholarly” university text written by two prominent PhDs – no footnotes are provided. As they openly concede, “we have dispensed with the usual scholarly apparatus of footnotes.” While a work such as this with no footnotes is probably acceptable to you simply because of its conclusions, it would not pass legal muster for best evidence; yet my work which does pass the standards of legal scrutiny is completely unacceptable to you. Ironically you frequently embrace and laud the types of works that fail to meet the legal standard of “best evidence” while attacking and demeaning the ones that do.

I recognize that there can be honest differences of opinions between well-intentioned individuals; and I whole-heartedly support your right to free speech — including your right to make uninformed statements, present incomplete and inaccurate information, and offer complete mischaracterizations and misportrayals — as you have done in the part of your article addressing me. Regrettably, the section of your article about me neither meets the standards of basic journalism (where an individual attacked in an article is called and asked to respond to charges) nor of academic scholarship (where footnotes and documentation are provided).

In your defense, I did note that you provided one footnote to document my “false” quotes; however, the source of that documentation was actually an attack piece written against me by one of your closest allies — not quite an unbiased objective source! However, objective truth was probably never the goal of your article.

An old lawyers’ adage admonishes: “When you have the facts on your side, argue the facts. When you have the law on your side, argue the law. When neither is on your side, change the subject and question the motives of the opposition.” You seem to have chosen the latter course of action.

David Barton

[For more information on this issue please see Unconfirmed Quotations”]

The Bible, Slavery, and America’s Founders

America’s Founding Fathers are seen by some people today as unjust and hypocrites, for while they talked of liberty and equality, they at the same time were enslaving hundreds of thousands of Africans. Some allege that the Founders bear most of the blame for the evils of slavery. Consequently, many today have little respect for the Founders and turn their ear from listening to anything they may have to say. And, in their view, to speak of America as founded as a Christian nation is unthinkable (for how could a Christian nation tolerate slavery?).

It is certainly true that during most of America’s history most blacks have not had the same opportunities and protections as whites. From the time of colonization until the Civil War most Africans in America (especially those living in the South) were enslaved, and the 100 years following emancipation were marked with segregation and racism. Only in the last 30 years has there been closer to equal opportunities, though we still need continued advancement in equality among the races and race relations. But is the charge against the Founders justified? Are they to bear most of the blame for the evils of slavery? Can we speak of America as founded as a Christian nation, while at it’s founding it allowed slavery?

Understanding the answer to these questions is important for the future of liberty in America and advancement of racial equality. The secular view of history taught in government schools today does not provide an adequate answer. We must view these important concerns from a Biblical and providential perspective.

America’s Founders were predominantly Christians and had a Biblical worldview. If that was so, some say, how could they allow slavery, for isn’t slavery sin? As the Bible reveals to man what is sin, we need to examine what it has to say about slavery.

The Bible and Slavery The Bible teaches that slavery, in one form or another (including spiritual, mental, and physical), is always the fruit of disobedience to God and His law/word. (This is not to say that the enslavement of any one person, or group of people, is due to their sin, for many have been enslaved unjustly, like Joseph and numerous Christians throughout history.) Personal and civil liberty is the result of applying the truth of the Scriptures. As a person or nation more fully applies the principles of Christianity, there will be increasing freedom in every realm of life. Sanctification for a person, or nation, is a gradual process. The fruit of changed thinking and action, which comes from rooting sin out of our lives, may take time to see. This certainly applies historically in removing slavery from the Christian world.

Slavery is a product of the fall of man and has existed in the world since that time. Slavery was not a part of God’s original created order, and as God’s created order has gradually been re-established since the time of Christ, slavery has gradually been eliminated. Christian nations (those based upon Biblical principles) have led the way in the abolition of slavery. America was at the forefront of this fight. After independence, great steps were taken down the path of ending slavery – probably more than had been done by any other nation up until that time in history (though certainly more could have been done). Many who had settled in America had already been moving toward these ends. Unfortunately, the generations following the Founders did not continue to move forward in a united fashion. A great conflict was the outcome of this failure.

When God gave the law to Moses, slavery was a part of the world, and so the law of God recognized slavery. But this does not mean that slavery was God’s original intention. The law of Moses was given to fallen man. Some of the ordinances deal with things not intended for the original creation order, such as slavery and divorce. These will be eliminated completely only when sin is eliminated from the earth. God’s laws concerning slavery provided parameters for treatment of slaves, which were for the benefit of all involved. God desires all men and nations to be liberated. This begins internally and will be manifested externally to the extent internal change occurs. The Biblical slave laws reflect God’s redemptive desire, for men and nations.

Types of Slavery Permitted by the Bible

The Mosaic law permitted some types of slavery. These include:

  1. Voluntary servitude by the sons of Israel (indentured servants) Those who needed assistance, could not pay their debts, or needed protection from another were allowed under Biblical law to become indentured servants (see Ex. 21:2-6; Deut. 15:12-18). They were dependent on their master instead of the state. This was a way to aid the poor and give them an opportunity to get back on their feet. It was not to be a permanent subsidy. Many early settlers to America came as indentured servants. These servants were well treated and when released, given generous pay.
  2. Voluntary permanent slaves If indentured servants so chose, they could remain a slave (Ex. 21:2-6; Deut.. 15:16-17). Their ear was pierced to indicate this permanent subjection. The law recognized that some people want the security of enslavement. Today, there are some people who would rather be dependent upon government to provide their needs (and with that provision accepting their commands) than do what is necessary to live free from its provision and direction. Some even act in a manner that puts them in jail, desiring the care and provision they get more than personal freedom.
  3. Thief or criminal making restitution A thief who could not, or did not, make restitution was sold as a slave: “If a man steals . . . he shall surely make restitution; if he owns nothing, then he shall be sold for his theft” (Ex. 22:1,3). The servitude ceased when enough work was done to pay for the amount due in restitution.
  4. Pagans could be permanent slaves Leviticus 25:44-46 states: As for your male and female slaves whom you may have – you may acquire male and female slaves from the pagan nations that are around you. Then, too, it is out of the sons of the sojourners who live as aliens among you that you may gain acquisition, and out of their families who are with you, whom they will have produced in your land; they also may become your possession. You may even bequeath them to your sons after you, to receive as a possession; you can use them as permanent slaves. But in respect to your countrymen [brother], the sons of Israel, you shall not rule with severity over one another. In the Sabbath year all Hebrew debtors/slaves were released from their debts.. This was not so for foreigners (Deut. 15:3). Theologian R.J. Rushdoony writes, “since unbelievers are by nature slaves, they could be held as life-long slaves” 1 without piercing the ear to indicate their voluntary servitude (Lev. 25:44-46). This passage in Leviticus says that pagans could be permanent slaves and could be bequeathed to the children of the Hebrews. However, there are Biblical laws concerning slaves that are given for their protection and eventual redemption. Slaves could become part of the covenant and part of the family, even receiving an inheritance. Under the new covenant, a way was made to set slaves free internally, which should then be following by external preparation enabling those who were slaves to live at liberty, being self-governed under God.

Involuntary Servitude is Not Biblical

Exodus 21:16 says: “He who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death.” Deuteronomy 24:7 states: “If a man is caught kidnapping any of his countrymen of the sons of Israel, and he deals with him violently, or sells him, then that thief shall die; so you shall purge the evil from among you.”

Kidnapping and enforced slavery are forbidden and punishable by death. This was true for any man (Ex. 21:16), as well as for the Israelites (Deut. 24:7). This was stealing a man’s freedom. While aspects of slavery are Biblical (for punishment and restitution for theft, or for those who prefer the security of becoming a permanent bondservant), the Bible strictly forbids involuntary servitude.

Any slave that ran away from his master (thus expressing his desire for freedom) was to be welcomed by the Israelites, not mistreated, and not returned. Deuteronomy 23:15-16 states:

You shall not hand over to his master a slave who has escaped from his master to you. He shall live with you in your midst, in the place which he shall choose in one of your towns where it pleases him; you shall not mistreat him. This implied slaves must be treated justly, plus they had a degree of liberty. Other slave laws confirm this. In addition, such action was a fulfillment of the law of love in both the Old and New Testaments. The law of God declares: “. . . you shall love your neighbor as yourself” (Lev. 19:17-18). Leviticus 19:33-34 clearly reveals that this applies to strangers and aliens as well: “The stranger, . . . you shall not do him wrong.. . . . you shall love him as yourself.”

It was forbidden to take the life or liberty of any other man. Rushdoony writes:

Thus, the only kind of slavery permitted is voluntary slavery, as Deuteronomy 23:15,16 makes very clear. Biblical law permits voluntary slavery because it recognizes that some people are not able to maintain a position of independence. To attach themselves voluntarily to a capable man and to serve him, protected by law, is thus a legitimate way of life, although a lesser one. The master then assumes the role of the benefactor, the bestower of welfare, rather that the state, and the slave is protected by the law of the state. A runaway slave thus cannot be restored to his master: he is free to go. The exception is the thief or criminal who is working out his restitution. The Code of Hammurabi decreed death for men who harbored a runaway slave; the Biblical law provided for the freedom of the slave. 2 Rushdoony also says that the selling of slaves was forbidden. Since Israelites were voluntary slaves, and since not even a foreign slave could be compelled to return to his master (Deut. 23:15, 16), slavery was on a different basis under the law than in non-Biblical cultures. The slave was a member of the household, with rights therein. A slave-market could not exist in Israel. The slave who was working out a restitution for theft had no incentive to escape, for to do so would make him an incorrigible criminal and liable to death. 3

When slaves (indentured servants) were acquired under the law, it was their labor that was purchased, not their person, and the price took into account the year of freedom (Lev. 25:44-55; Ex. 21:2; Deut. 15:12-13).

Laws related to slaves There are a number of laws in the Bible related to slavery. They include:

  1. Hebrew slaves (indentured servants) were freed after 6 years. If you buy a Hebrew slave, he shall serve for six years; but on the seventh he shall go out as a free man without payment (Ex. 21:2). If your kinsman, a Hebrew man or woman, is sold to you, then he shall serve you six years, but in the seventh year you shall set him free. And when you set him free, you shall not send him away empty-handed (Deut. 15:12-13). Hebrew slaves were to be set free after six years. If the man was married when he came, his wife was to go with him (Ex. 21:3). This law did not apply to non-Hebrew slaves (see point 4 under “Types of slavery permitted by the Bible” above), though, as mentioned, any slave showing a desire for freedom was to be safely harbored if they ran away. In violation of this law, many Christian slaves in America were not given the option of freedom after six years (and many escaped slaves were forcefully returned). To comply with the spirit and law of the Old and New Testament, non-Christian slaves should have been introduced by their master to Christianity, equipped to live in liberty, and then given the opportunity to choose to live free. Christianity would have prepared them to live in freedom.
  2. Freed slaves were released with liberal pay. When these slaves were set free they were not to be sent away empty handed. They were to be furnished liberally from the flocks, threshing floor, and wine vat (Deut. 15:12-15).
  3. Slaves were to be responsible. We have mentioned that some people prefer the security of enslavement to the uncertainty of living free. People who live free have certain responsibilities they must maintain. They cannot have the fruit of freedom without the responsibilities of freedom. It is within this context that the following law can be understood: “If he [a Hebrew slave] comes alone, he shall go out alone; if he is the husband of a wife, then his wife shall go out with him. If his master gives him a wife, and she bears him sons or daughters, the wife and her children shall belong to her master, and he shall go out alone.” (Ex. 21:3-4)
  4. Rushdoony comments: “The bondservant, however, could not have the best of both worlds, the world of freedom and the world of servitude. A wife meant responsibility: to marry, a man had to have a dowry as evidence of his ability to head a household. A man could not gain the benefit of freedom, a wife, and at the same time gain the benefit of security under a master.” 4 Marrying as a slave required no responsibility of provision or need of a dowry. He gained the benefits of marriage without the responsibilities associated with it. Rushdoony continues: “If he married while a bondservant, or a slave, he knew that in so doing he was abandoning either freedom or his family. He either remained permanently a slave with his family and had his ear pierced as a sign of subordination (like a woman), or he left his family. If he walked out and left his family, he could, if he earned enough, redeem his family from bondage. The law here is humane and also unsentimental. It recognizes that some people are by nature slaves and will always be so. It both requires that they be dealt with in a godly manner and also that the slave recognize his position and accept it with grace. Socialism, on the contrary, tries to give the slave all the advantages of his security together with the benefits of freedom, and, in the process, destroys both the free and the enslaved.” 5
  5. Runaway slaves were to go free. As mentioned earlier, Deuteronomy 23:15-16 says that a runaway slave was to go free. He was to be welcomed to live in any of the towns of Israel he chose. The Israelites were not to mistreat him. Rushdoony says that, “Since the slave was, except where debt and theft were concerned, a slave by nature and by choice, a fugitive slave went free, and the return of such fugitives was forbidden (Deut. 23:15,16).” This aspect of Biblical law was violated by American slavery and the United States Constitution (see Art. IV, Sec. 2, Par. 3). “Christians cannot become slaves voluntarily; they are not to become the slaves of men (1 Cor. 7:23), nor ‘entangled again with the yoke of bondage’ (Gal. 5:1).”6 Those who became Christians while slaves were to become free if they could (1 Cor. 7:21). If they could not, they were to exemplify the character of Christ (Eph. 6:5-9; Col. 4:1; 1 Tim. 6:1-2). Eventually, Christianity would overthrow slavery, not so much by denouncing it, but by promoting the equality of man under God, and teaching the principles of liberty and the brotherhood of mankind under Christ. It would be the responsibility of Christians, especially those who found themselves in a place of owning slaves (for example, many Christian Americans in the past inherited slaves) to teach such ideas, and then act accordingly. Many Christians in early America did just this. Phyllis Wheatley was introduced to Christianity by her masters, educated, and given her freedom. Many American Christians, in both North and South, at the time of the Civil War did much to educate slaves Biblically. Stonewall Jackson, who never owned slaves himself and was against slavery, conducted many classes in his church to educate slaves.
  6. Excessive punishment of slaves was forbidden. A slave could be punished by striking with a rod (Ex. 21:20-21), but if the punishment was excessive, the slave was to be given his freedom (Ex. 21:26-27; Lev. 24:17). This included knocking out the tooth or damaging the eye. This applied to indentured servants as well as other slaves. Since the owner would lose his investment in such a situation, there was a financial incentive for just treatment. Just treatment of slaves was required of the masters. Paul writes: “Masters, grant to your slaves justice and fairness, knowing that you too have a Master in heaven.” (Col. 4:1)
  7. Slaves could be brought into the covenant. Slaves could be circumcised (brought into the covenant) and then eat of the Passover meal (Ex. 12:43-44; Gen. 17:12-13). Slaves could also eat of holy things (Lev. 22:10-11).
  8. Slaves had some rights and position in the home and could share in the inheritance. (See Gen. 24:2 and Prov. 17:2.)
  9. Slaves were to rest on the Sabbath like everyone else. The Fourth Commandment applied to all (Ex. 20:8-11).

Female slave laws were for their protection. Exodus 21:4-11 gives some laws about female slaves, which served for their protection. These Hebrew female slaves were without family to assist them in their need or to help to provide security for them. These slaves laws were a way to protect them from abuse not faced by males and to keep them from being turned out into the street, where much harm could come to them.

Examination of the Biblical view of slavery enables us to more effectively address the assertion that slavery was America’s original sin. In light of the Scriptures we cannot say that slavery, in a broad and general sense, is sin. But this brief look at the Biblical slave laws does reveal how fallen man’s example of slavery has violated God’s laws, and America’s form of slavery in particular violated various aspects of the law, as well as the general spirit of liberty instituted by Christ.

The Christian foundation and environment of America caused most people to seek to view life from a Biblical perspective. Concerning slavery, they would ask “Is it Biblical?” While most of the Founders saw it was God’s desire to eliminate the institution, others attempted to justify it. At the time of the Civil War some people justified Southern slavery by appealing to the Bible. However, through this brief review of the Old Testament slave laws we have seen that American slavery violated some of these laws, not to mention the spirit of liberty instituted by the coming of Christ.

Slavery and the New Testament When Paul wrote how slaves and masters were to act (Eph. 6:5-9; Col. 4:1; 1 Tim. 6:1-2; Col. 3:22-25; Titus 2:9-10), he was not endorsing involuntary slavery or the Roman slave system. He was addressing the attitudes, actions, and matters of the heart of those Christians who found themselves in slavery or as slave owners. This encompassed many people, for half the population of Rome and a large proportion of the Roman Empire were slaves. Many people were converted to Christianity while slaves or slave owners, and many Christians were enslaved.

It is in this context that we can better understand the example of Paul, Onesimus, and Philemon. Onesimus, a slave of Philemon who apparently stole some money from his master and ran away, encountered Paul in Rome and became a Christian. Paul sent him back to his master carrying the letter to Philemon. Author of the famous Bible Handbook, Henry Halley writes:

The Bible gives no hint as to how the master received his returning slave. But there is a tradition that says his master did receive him, and took Paul’s veiled hint and gave the slave his liberty. That is the way the Gospel works. Christ in the heart of the slave made the slave recognize the social usages of his day, and go back to his master determined to be a good slave and live out his natural life as a slave. Christ in the heart of the master made the master recognize the slave as a Christian brother and give him his liberty. There is a tradition that Onesimus afterward became a bishop of Berea. 7

The Mosaic slave laws and the writings of Paul benefited and protected the slaves as best as possible in their situation. God’s desire for any who are enslaved is freedom (Luke 4:18; Gal. 5:1). Those who are set free in Christ then need to be prepared to walk in liberty. Pagan nations had a much different outlook toward slaves, believing slaves had no rights or privileges. Because of the restrictions and humane aspect of the Mosaic laws on slavery, it never existed on a large scale in Israel, and did not exhibit the cruelties seen in Egypt, Greece, Rome, Assyria and other nations.

Sinful man will always live in some form of bondage and slavery, as a slave to the state, to a lord or noble, or to other men. As a step in man’s freedom, God’s laws of slavery provided the best situation for those who find themselves in bondage. God’s ultimate desire is that all walk in the liberty of the gospel both internally and externally.

As the gospel principles of liberty have spread throughout history in all the nations, man has put aside the institution of overt slavery. However, since sinful man tends to live in bondage, different forms of slavery have replaced the more obvious system of past centuries. The state has assumed the role of master for many, providing aid and assistance, and with it more and more control, to those unable to provide for themselves. The only solution to slavery is the liberty of the gospel.

Brief History of Slavery Slavery has existed throughout the world since after the fall of man. Egypt and other ancient empires enslaved multitudes. Greece and Rome had many slaves, taken from nations they conquered. Slavery was a part of almost every culture. While some Christian nations had taken steps to end slavery, it was still an established part of most of the world when America began to be settled.

Many of the early settlers came to America as indentured servants, indebted to others for a brief period of time to pay for their passage. England at this time recognized the forced labor of the apprentice, the hired servant, convicts, and indentured servants. Some of these laborers were subject to whippings and other forms of punishment. These forms of servitude were limited in duration and “transmitted no claim to the servant’s children.” 8

According to Hugh Thomas in The Slave Trade, about 11,328,000 Africans were transported to the new world between 1440 and 1870. Of these about 4 million went to Brazil, 2.5 million to Spanish colonies, 2 million to the British West Indies, 1.6 million to the French West Indies, and 500,000 went to what became the United States of America. 9

A Dutch ship, seeking to unload its human cargo, brought the first slaves to Virginia in 1619. Over the next century a small number of slaves were brought to America. In 1700 there were not more than 20 to 30 thousand black slaves in all the colonies. There were some people who spoke against slavery (e.g. the Quakers and Mennonites) 10 and some political efforts to check slavery (as in laws of Massachusetts and Rhode Island), but these had little large scale effect. The colonies’ laws recognized and protected slave property. Efforts were made to restrict the slave trade in several colonies, but the British government overruled such efforts and the trade went on down to the Revolution.

When independence was declared from England, the legal status of slavery was firmly established in the colonies, though there were plenty of voices speaking out against it, and with independence those voices would increase.

America’s Founders and Slavery

Some people suggest today that all early Americans must have been despicable to allow such an evil as slavery. They say early America should be judged as evil and sinful, and anything they have to say should be discounted. But if we were to judge modern America by this same standard, it would be far more wicked – we are not merely enslaving people, but we are murdering tens of millions of innocent unborn children through abortion. These people claim that they would not have allowed slavery if they were alive then. They would speak out and take any measures necessary. But where is their outcry and action to end slavery in the Sudan today? (And slavery there is much worse than that in early America.)

Some say we should not listen to the Founders of America because they owned slaves, or at least allowed slavery to exist in the society. However, if we were to cut ourselves off from the history of nations that had slavery in the past we would have to have nothing to do with any people because almost every society has had slavery, including African Americans, for many African societies sold slaves to the Europeans; and up to ten percent of blacks in America owned slaves.

The Founders Believed Slavery Was Fundamentally Wrong

The overwhelming majority of early Americans and most of America’s leaders did not own slaves. Some did own slaves, which were often inherited (like George Washington at age eleven), but many of these people set them free after independence. Most Founders believed that slavery was wrong and that it should be abolished. William Livingston, signer of the Constitution and Governor of New Jersey, wrote to an anti-slavery society in New York (John Jay, the first Chief Justice of the U.S. Supreme Court and President of the Continental Congress, was President of this society):

I would most ardently wish to become a member of it [the anti-slavery society] and . . . I can safely promise them that neither my tongue, nor my pen, nor purse shall be wanting to promote the abolition of what to me appears so inconsistent with humanity and Christianity. . . . May the great and the equal Father of the human race, who has expressly declared His abhorrence of oppression, and that He is no respecter of persons, succeed a design so laudably calculated to undo the heavy burdens, to let the oppressed go free, and to break every yoke. 11

John Quincy Adams, who worked tirelessly for years to end slavery, spoke of the anti-slavery views of the southern Founders, including Jefferson who owned slaves:

The inconsistency of the institution of domestic slavery with the principles of the Declaration of Independence was seen and lamented by all the southern patriots of the Revolution; by no one with deeper and more unalterable conviction than by the author of the Declaration himself. No charge of insincerity or hypocrisy can be fairly laid to their charge. Never from their lips was heard one syllable of attempt to justify the institution of slavery. They universally considered it as a reproach fastened upon them by the unnatural step-mother country and they saw that before the principles of the Declaration of Independence, slavery, in common with every other mode of oppression, was destined sooner or later to be banished from the earth. Such was the undoubting conviction of Jefferson to his dying day. In the Memoir of His Life, written at the age of seventy-seven, he gave to his countrymen the solemn and emphatic warning that the day was not distant when they must hear and adopt the general emancipation of their slaves. “Nothing is more certainly written,” said he, “in the book of fate, than that these people are to be free.” 12

The Founding Fathers believed that blacks had the same God-given inalienable rights as any other peoples. James Otis of Massachusetts said in 1764 that “The colonists are by the law of nature freeborn, as indeed all men are, white or black.” 13

There had always been free blacks in America who owned property, voted, and had the same rights as other citizens. 14 Most of the men who gave us the Declaration and the Constitution wanted to see slavery abolished. For example, George Washington wrote in a letter to Robert Morris:

I can only say that there is not a man living who wishes more sincerely than I do to see a plan adopted for the abolition of it [slavery]. 15

Charles Carroll, Signer of Declaration from Maryland, wrote:

Why keep alive the question of slavery? It is admitted by all to be a great evil. 16

Benjamin Rush, Signer from Pennsylvania, stated:

Domestic slavery is repugnant to the principles of Christianity. . . . It is rebellion against the authority of a common Father. It is a practical denial of the extent and efficacy of the death of a common Savior. It is an usurpation of the prerogative of the great Sovereign of the universe who has solemnly claimed an exclusive property in the souls of men. 17

Father of American education, and contributor to the ideas in the Constitution, Noah Webster wrote:

Justice and humanity require it [the end of slavery] – Christianity commands it. Let every benevolent . . . pray for the glorious period when the last slave who fights for freedom shall be restored to the possession of that inestimable right. 18

Quotes from John Adams reveal his strong anti-slavery views:

Every measure of prudence, therefore, ought to be assumed for the eventual total extirpation of slavery from the United States. . . . I have, through my whole life, held the practice of slavery in . . . abhorrence. 19 My opinion against it [slavery] has always been known. . . . [N]ever in my life did I own a slave. 20

When Benjamin Franklin served as President of the Pennsylvania Society of Promoting the Abolition of Slavery he declared:

“Slavery is . . . an atrocious debasement of human nature.” 21

Thomas Jefferson’s original draft of the Declaration included a strong denunciation of slavery, declaring the king’s perpetuation of the slave trade and his vetoing of colonial anti-slavery measures as one reason the colonists were declaring their independence:

He [King George III] has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere. . . . Determined to keep open a market where MEN should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or restrain this execrable commerce. 22

Prior to independence, anti-slavery measures by the colonists were thwarted by the British government. Franklin wrote in 1773:

A disposition to abolish slavery prevails in North America, that many of Pennsylvanians have set their slaves at liberty, and that even the Virginia Assembly have petitioned the King for permission to make a law for preventing the importation of more into that colony. This request, however, will probably not be granted as their former laws of that kind have always been repealed. 23

The Founders took action against slavery

The founders did not just believe slavery was an evil that needed to be abolished, and they did not just speak against it, but they acted on their beliefs. During the Revolutionary War black slaves who fought won their freedom in every state except South Carolina and Georgia. 24

Many of the founders started and served in anti-slavery societies. Franklin and Rush founded the first such society in America in 1774. John Jay was president of a similar society in New York. Other Founding Fathers serving in anti-slavery societies included: William Livingston (Constitution signer), James Madison, Richard Bassett, James Monroe, Bushrod Washington, Charles Carroll, William Few, John Marshall, Richard Stockton, Zephaniah Swift, and many more. 25

As the Founders worked to free themselves from enslavement to Britain, based upon laws of God and nature, they also spoke against slavery and took steps to stop it. Abolition grew as principled resistance to the tyranny of England grew, since both were based upon the same ideas. This worked itself out on a personal as well as policy level, as seen in the following incident in the life of William Whipple, signer of the Declaration of Independence from New Hampshire. Dwight writes:

When General Whipple set out to join the army, he took with him for his waiting servant, a colored man named Prince, one whom he had imported from Africa many years before. He was a slave whom his master highly valued. As he advanced on his journey, he said to Prince, “If we should be called into an engagement with the enemy, I expect you will behave like a man of courage, and fight like a brave soldier for your country.” Prince feelingly replied, “Sir, I have no inducement to fight, I have no country while I am a slave. If I had my freedom, I would endeavor to defend it to the last drop of my blood.” This reply of Prince produced the effect on his master’s heart which Prince desired. The general declared him free on the spot. 26

The Founders opposed slavery based upon the principle of the equality of all men. Throughout history many slaves have revolted but it was believed (even by those enslaved) that some people had the right to enslave others. The American slave protests were the first in history based on principles of God-endowed liberty for all. It was not the secularists who spoke out against slavery but the ministers and Christian statesmen.

Before independence, some states had tried to restrict slavery in different ways (e.g. Virginia had voted to end the slave trade in 1773), but the English government had not allowed it. Following independence and victory in the war, the rule of the mother country was removed, leaving freedom for each state to deal with the slavery problem. Within about 20 years of the 1783 Treaty of Peace with Britain, the northern states abolished slavery: Pennsylvania and Massachusetts in 1780; Connecticut and Rhode Island in 1784; New Hampshire in 1792; Vermont in 1793; New York in 1799; and New Jersey in 1804.

The Northwest Ordinance (1787, 1789), which governed the admission of new states into the union from the then northwest territories, forbid slavery. Thus, Ohio, Indiana, Illinois, Michigan, Wisconsin, and Iowa all prohibited slavery. This first federal act dealing with slavery was authored by Rufus King (signer of the Constitution) and signed into law by President George Washington.

Although no Southern state abolished slavery, there was much anti-slavery sentiment. Many anti-slavery societies were started, especially in the upper South. Many Southern states considered proposals abolishing slavery, for example, the Virginia legislature in 1778 and 1796. When none passed, many, like Washington, set their slaves free, making provision for their well being. Following independence, “Virginia changed her laws to make it easier for individuals to emancipate slaves,” 27 though over time the laws became more restrictive in Virginia.

While most states were moving toward freedom for slaves, the deep South (Georgia, South Carolina, North Carolina) was largely pro-slavery. Yet, even so, the Southern courts before around 1840 generally took the position that slavery violated the natural rights of blacks. For example, the Mississippi Supreme Court ruled in 1818:

Slavery is condemned by reason and the laws of nature. It exists and can only exist, through municipal regulations, and in matters of doubt,…courts must lean in favorem vitae et libertatis [in favor of life and liberty]. 28

The same court ruled in 1820 that the slave “is still a human being, and possesses all those rights, of which he is not deprived by the positive provisions of the law.” 29

Free blacks were citizens and voted in most Northern states and Virginia, North Carolina, and South Carolina. In Baltimore prior to 1800, more blacks voted than whites; but in 1801 and 1809, Maryland began to restrict black voting and in 1835 North Carolina prohibited it. Other states made similar restrictions, but a number of Northern states allowed blacks to vote and hold office. In Massachusetts this right was given nearly a decade before the American Revolution and was never taken away, either before or after the Civil War.

Slavery and the Constitution

The issue of slavery was considered at the Constitutional Convention. Though most delegates were opposed to slavery, they compromised on the issue when the representatives from Georgia and South Carolina threatened to walk out. The delegates realized slavery would continue in these states with or without the union. They saw a strong union of all the colonies was the best means of securing their liberty (which was by no means guaranteed to survive). They did not agree to abolish slavery as some wanted to do, but they did take the forward step of giving the Congress the power to end the slave trade after 20 years. 30No nation in Europe or elsewhere had agreed to such political action.

Even so, many warned of the dangers of allowing this evil to continue. George Mason of Virginia told the delegates:

Every master of slaves is born a petty tyrant. They bring the judgement of heaven upon a country. As nations cannot be rewarded or punished in the next world, they must be in this. By an inevitable chain of causes and effects, Providence punishes national sins by national calamities. 31

Jefferson had written some time before this:

The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. . . . And with what execration should the statesman be loaded, who permitting one half the citizens thus to trample on the rights of the other. . . . And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep forever. 32

Constitutional Convention Delegate, Luther Martin, stated:

[I]t ought to be considered that national crimes can only be and frequently are punished in this world by national punishments; and that the continuance of the slave-trade, and thus giving it a national sanction and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of Him who is equally Lord of all and who views with equal eye the poor African slave and his American master. 33

Some today misinterpret the Constitutional provision of counting the slaves as three-fifths for purposes of representation as pro-slavery or black dehumanization. But it was a political compromise between the north and the south.. The three-fifths provision applied only to slaves and not free blacks, who voted and had the same rights as whites (and in some southern states this meant being able to own slaves). While the Southern states wanted to count the slaves in their population to determine the number of congressmen from their states, slavery opponents pushed to keep the Southern states from having more representatives, and hence more power in congress.

The Constitution did provide that runaway slaves would be returned to their owners (We saw previously that returning runaway slaves is contrary to Biblical slave laws, unless these slaves were making restitution for a crime.) but the words slave and slavery were carefully avoided. “Many of the framers did not want to blemish the Constitution with that shameful term.” The initial language of this clause was “legally held to service or labor,” but this was deleted when it was objected that legally seemed to favor “the idea that slavery was legal in a moral view.” 34

While the Constitution did provide some protection for slavery, this document is not pro-slavery. It embraced the situation of all 13 states at that time, the Founders leaving most of the power to deal with this social evil in the hands of each state. Most saw that the principles of liberty contained in the Declaration could not support slavery and would eventually overthrow it.

As delegate to the Constitutional Convention, Luther Martin put it:

Slavery is inconsistent with the genius of republicanism, and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates us to tyranny and oppression.35

We have seen that after independence the American Founders actually took steps to end slavery. Some could have done more, but as a whole they probably did more than any group of national leaders up until that time in history to deal with the evil of slavery. They took steps toward liberty for the enslaved and believed that the gradual march of liberty would continue, ultimately resulting in the complete death of slavery. The ideas they infused in the foundational civil documents upon which America was founded – such as Creator endowed rights and the equality of all men before the law – eventually prevailed and slavery was abolished. But not without great difficulty because the generations that followed failed to carry out the gradual abolition of slavery in America.

The View of Slavery Changes

Most of America’s Founders thought slavery would gradually be abolished. Roger Sherman said that “the abolition of slavery seemed to be going on in the U.S. and that the good sense of the several states would probably by degrees complete it.” 36 But it was not. Why?

  1. Succeeding generations did not have the character and worldview necessary to complete the task started by the Founders. Eternal vigilance is the price of liberty. Each generation must take up the cause of liberty, which is the cause of God, and fight the battle. While the majority view of the Founders was that American slavery was a social evil that needed to be abolished, many in later generations attempted to justify slavery, often appealing to the Scriptures (though, I believe, in error at many points, as mentioned earlier).
  2. American slavery was not in alignment with Biblical slave laws and God’s desire for liberty for all mankind. This inconsistency produced an institution that proved too difficult to gradually and peacefully abolish. Some Founders (like Henry and Jefferson) could not see how a peaceful resolution was possible and gave the “necessary evil” argument. Henry said: “As much as I deplore slavery, I see that prudence forbids its abolition.” 37 Jefferson was opposed to slavery yet he thought that once the slaves gained freedom, a peaceful coexistence of whites and blacks would be very difficult to maintain. Jefferson predicted that if the slaves were freed and lived in America, “Deep-rooted prejudices entertained by the whites’ ten thousand recollections, by the blacks, of the injuries they have sustained; new provocations; the real distinctions which nature has made and many other circumstances, will divide us into parties, and produce convulsions which will probably never end but in the extermination of the one or the other race.” 38 This is why many worked (especially many from Virginia, like James Monroe and James Madison) to set up a country in Africa (Liberia) where the freed slaves could live. Some at this time did not see integration as possible, and apart from the power of God, history has shown it is not possible, as there have been and are many ethnic wars. The church must lead the way in race relations, showing all believers are brothers in Christ, and all men have a common Creator.
  3. The invention of the cotton gin, which revived the economic benefit of slavery, also contributed to a shift in the thinking of many Americans. At the time of independence and the constitutional period most people viewed slavery as an evil that should and would be abolished. But by the 1830s, many people, including some Southern ministers, began to justify it. Some, like Calhoun, even said it was a positive thing. Others justified it by promoting the inequality of the races. Stephen Douglas argued that the Declaration only applied to whites, but Lincoln rejected that argument and sought to bring the nation back to the principles of the Declaration. In the end these principles prevailed.

The Civil War

It is not the intent of this article to examine the War between the States. 39 The causes behind the war were many. Certainly slavery was a part of the cause (and for a small number of wealthy and influential Southern slave owners, it was probably primary), but slavery was not the central issue for all people in the South. Most Southerners did not own slaves and most of those who did had only a small number. 40

States rights and perceived unconstitutional taxes were also motivations for secession. There were many abolitionists in the North, both Christian and non-Christian, who pushed for the war, seeing it as a means to end slavery. Though slavery was not initially the reason Lincoln sent troops into the South, he did come to believe that God wanted him to emancipate the slaves.

In all the complexities and tragedy of the war, God was at work fulfilling His providential purposes. Due to the sin of man, to his inability to deal with slavery in a Christian manner, and to other factors, a war erupted. Both good and bad in the root causes, produced good and bad fruit in the outcome of the war. 41

Though America’s Founders failed to accomplish all of their desires and wishes in dealing with the issue of slavery, the principles of equality and God-given rights they established in the American constitutional republic set into motion events leading to the end of slavery in the United States and throughout the world. That America was founded upon such Biblical principles is what made her a Christian nation, not that there was no sin in the Founders. It is because of the Christian foundations that America has become the most free, just, and prosperous nation in history. The Godly principles infused in her laws, institutions, and families have had immense impact in overthrowing tyranny, oppression, and slavery throughout the world.

Stephen McDowell, Author

Stephen McDowell is president of the Providence Foundation, a Christian educational organization whose mission is to spread liberty, justice, and prosperity among the nations by instructing individuals in a Biblical worldview.


Endnotes

1 R.J. Rushdoony, Institutes of Biblical Law, vol.1, p. 137.
2 Rushdoony, p. 286.
3 Rushdoony, pp. 485-486.
4 Rushdoony, p. 251.
5 Rushdoony, p. 251.
6 Rushdoony, p. 137.
7 Henry H. Halley, Halley’s Bible Handbook (Grand Rapids: Zondervan, 1965), p. 645.
8 Albert Bushnell Hart, The American Nation: A History (New York: Harper & Brothers, 1906), vol. 16, Slavery and Abolition, 1831-1841, p. 50.
9 “History of slavery is wide-ranging saga”, book review by Gregory Kane of The Slave Trade by Hugh Thomas (Simon and Schuster), in The Daily Progress, Charlottesville, Va., December 7, 1997.
10 The earliest known official protest against slavery in America was the Resolutions of Germantown, Pennsylvania Mennonites, February 18, 1688. See Documents of American History, Henry Steele Commager, editor (New York: F.S. Crofts & Co., 1944), 37-38.
11 William Livingston, The Papers of William Livingston, Carl E. Prince, editor (New Brunswick: Rutgers University Press, 1988), Vol. V, p. 255, to the New York Manumission Society on June 26, 1786. In “The Founding Fathers and Slavery” by David Barton, unpublished paper, p. 5.
12 John Quincy Adams, An Oration Delivered Before the Inhabitants of the Town of Newburyport, at Their Request, on the Sixty-First Anniversary of the Declaration of Independence, July 4th, 1837 (Newburyport: Charles Whipple, 1837), p. 50.
13 Rights of the Colonies, in Bernard Bailyn, ed., Pamphlets of the American Revolution (Cambridge: Harvard University Press, 1965), p. 439. In “Was the American Founding Unjust? The Case of Slavery,” by Thomas G. West, Principles, a quarterly review of The Claremont Institute, Spring/Summer 1992, p. 1.
14 Hart, p. 53.
15 Letter to Robert Morris, April 12, 1786, in George Washington: A Collection, ed. W.B. Allen (Indianapolis: Liberty Fund, 1988), p. 319.
16 Kate Mason Rowland, Life and Correspondence of Charles Carroll of Carrollton (New York & London: G.P. Putnam’s Sons, 1898), Vol. II, p. 321, to Robert Goodloe Harper, April 23, 1820. In Barton, p. 3.
17 Benjamin Rush, Minutes of the Proceedings of a Convention of Delegates from the Abolition Societies Established in Different Parts of the United States Assembled at Philadelphia (Philadelphia: Zachariah Poulson, 1794), p. 24.. In Barton, p. 4.
18 Noah Webster, Effect of Slavery on Morals and Industry (Hartford: Hudson and Goodwin, 1793), p. 48. In Barton, p. 4.
19 Adams to Robert J. Evans, June 8, 1819, in Adrienne Koch and William Peden, eds., Selected Writings of John and John Quincy Adams (New York: Knopf, 1946), p. 209. In West, p. 2.
20 John Adams, The Works of John Adams, Second President of the United States, Charles Francis Adams, ed. (Boston: Little, Brown, and Co., 1854), Vol. IX, pp. 92-93, to George Churchman and Jacob Lindley on January 24, 1801. In Barton, p. 3.
21 “An Address to the Public from the Pennsylvania Society for Promoting the Abolition of Slavery” (1789), in Franklin, Writings (New York: Library of America, 1987), p. 1154. In West, p. 2.
22 The Life and Selected Writings of Thomas Jefferson, Adrienne Koch and William Peden, eds. (New York: Random House, 1944), p. 25.
23 Benjamin Franklin, The Works of Benjamin Franklin, Jared Sparks, ed. (Boston: Tappan, Whittemore, and Mason, 1839), Vol. VIII, p. 42, to the Rev. Dean Woodward on April 10, 1773.
24 Benjamin Quarles, The Negro and the American Revolution (Chapel Hill: University of North Carolina Press, 1961), chaps. 4-6. In West, p. 2.
25 Barton, p. 5.
26 N. Dwight, The Lives of the Signers of the Declaration of Independence (New York: A.S. Barnes & Burr, 1860), p. 11.
27 West, p. 4.
28 Harry v. Decker & Hopkins (1818), in West, p. 4.
29 Mississippi v. Jones (1820), in West, p. 4.
30 Congress banned the exportation of slaves from any state in 1794, and in 1808 banned the importation of slaves. The individual states had passed similar legislation prior to 1808 as well. However, several Southern states continued to actively import and export slaves after their state ban went into effect.
31 Mark Beliles and Stephen McDowell, America’s Providential History (Charlottesville, Va.: Providence Foundation, 1991), p. 227.
32 Thomas Jefferson, Notes on the State of Virginia (Trenton: Wilson & Blackwell, 1803), Query XVIII, pp. 221-222.
33 Luther Martin, The Genuine Information Delivered to the Legislature of the State of Maryland Relative to the Proceedings of the General Convention Lately Held at Philadelphia (Philadelphia: Eleazor Oswald, 1788), p. 57. In Barton, p. 4.
34 West, p. 5. See Max Farrand, ed. The Records of the Federal Convention of 1787 (New Haven: Yale University Press, 1937), vol. 2, p. 417 (remarks on August 25), and pp. 601 (report of Committee of Style), 628 (Sept. 15). See also Madison’s Notes of Debates in the Federal Convention of 1787, August 25.
35 Luther Martin, Genuine Information (1788), in Herbert J. Storing, ed., The Complete Anti-Federalist (Chicago: University of Chicago Press, 1981), vol. 2, p. 62. In West, p. 6..
36 Remarks at the Constitutional Convention, August 22, Farrand, vol. 2, pp.. 369-72. In West, pp. 7-8.
37 Henry to Robert Pleasants, Jan. 18, 1773, in Philip B. Kurland and Ralph Lerner, eds. The Founders’ Constitution (Chicago: University of Chicago Press, 1987), vol. 1, p. 517; Elliot, Debates, vol. 3, p. 590. In West, p. 6. Henry also pointed out that convenience contributed to the continuation of slavery. He said: “Is it not surprising that at a time when the rights of humanity are defined with precision in a country above all others fond of liberty ‹ that, in such an age, and in such a country, we find men, professing a religion the most humane and gentle, adopting a principle as repugnant to humanity as it is inconsistent with the Bible and destructive to liberty? Believe me, I honor the Quakers for their noble efforts to abolish slavery. Every thinking, honest man regrets it in speculation, yet how few in practice from conscientious motives. Would any man believe that I am master of slaves of my own purchase? I am drawn along by the general inconvenience of living without them. I will not, I cannot justify it. For however culpable my conduct, I will so far pay my devoir to virtue as to won the excellence and rectitude of her precepts, and to lament my own non-conformity to them.” In John Hancock, Essays on the Elective Franchise; or, Who Has the Right to Vote (Philadelphia: Merrihew & Son, 1865), pp. 31-32.
38 Jefferson’s Notes, Query XIV, p. 188.
39 See America’s Providential History, chapter 16 for more on a providential view of the war.
40 See Hart, pp. 67 ff. Hart records that in 1860 only about 5% of the white population made a substantial profit of slave-keeping (a direct profit; many others benefited from the commerce associated with slavery). About 2% of this number (0.1% of the total white population) were large plantation owners who exerted much political influence. Some people have pointed out that only 3% of Southerners owned slaves. While this is technically true in some measure, it is misleading. The 3% reflects ownership by the head of the household and does not include all its inhabitants. Taking this into account, at the time of the Civil War about 19% of the population lived in households with slaves; and this was 19% of total population which included a large number of slaves. When you consider that in 6 Southern states (Alabama, Georgia, Florida, Louisiana, Mississippi, South Carolina), there were almost as many or more slaves than whites, this 19% figure actually represents 35%-45% of the white population (in those states) having a direct relation to a home that had slaves.
41 See America’s Providential History, chapter 16 for some positive and negative effects of the war.

Churches And Elections – What Is The Law?

Liberty Legal Institute

Kelly
J Shackelford
Chief Counsel
903 East 18th St., Suite 230
Plano, Texas 75074
972.423.8889 Fax: 972.423.8899
[email protected]

CHURCHES AND ELECTIONS-
WHAT IS THE LAW?

Many churches and pastors feel called by scriptureto “equip the saints” to represent Christ in all areas of our society, including the voting booth. Pastors should thus be supported in their goal of helping their members be good stewards in representing Christ in their civic duties. This is especially important in light of the fact that only 1 out of every 4 Christians in America is voting.

Unfortunately, many churches and pastors have been given false information in an attempt to scare them from acting as a pastor and impacting their culture for Christ. The law is actually very supportive of pastors and churches in fulfilling their mission to equip their saints. Even as a non-profit corporation, there is very little a church may not do.

CHURCHES MAY NOT:

1. Endorse or oppose a particular candidate.

2. Contribute to or raise $ for a candidate (including free use of church list)

CHURCHES MAY (among other activities):

1.  Register their members as voters

2. Pass out Voter’s Guides

3. Invite all candidates in a race to speak (O.K. if only one shows up)

4. Speak Directly about specific issues and legislation (abortion, marriage, etc.)

Individually, a pastor can do whatever he feels led to do-endorse, support a member’s campaign, etc. There are no limitations. The few limitations above that exist are only for the Church entity and only if the Church is a non-profit corporation.

Pastors should not be intimidated from acting as pastors, calling their people to vote and giving them info so they can best represent Christ in the voting booth.

Liberty Legal Institute (now First Liberty) is the state legal group in Texas associated with Focus on the Family. It protects churches and religious freedoms free of charge. At the time of this article, H.R. 235, the “Houses of Worship Free Speech Restoration Act,” is currently pending in Congress. This bill would amend the IRS Code of 1986 to restore the ability of churches and other houses of worship to freely participate in political campaigns.

James Madison and Religion in Public

In recent days, Michael Newdow – infamous for his successful initiation of the ruling striking down “under God” in the Pledge of Allegiance – has broadened his efforts and has filed suit against the use of chaplains in the U. S. House and Senate. In his public appearances defending this newest pursuit, Newdow cites James Madison’s quotes from his “Detached Memoranda” as his authority in opposing chaplains. Did Madison actually oppose chaplains in Congress? Yes, and no.

Madison’s religious views and activities are numerous, as are his writings on religion. They are at times self-contradictory, and his statements about religion are such that opposing positions can each invoke Madison as its authority. An understanding of Madison’s religious views is complicated by the fact that his early actions were at direct variance with his later opinions. Consider six examples of his early actions.

First, Madison was publicly outspoken about his personal Christian beliefs and convictions. For example, he encouraged his friend, William Bradford (who served as Attorney General under President Washington), to make sure of his own spiritual salvation:

[A] watchful eye must be kept on ourselves lest, while we are building ideal monuments of renown and bliss here, we neglect to have our names enrolled in the Annals of Heaven.1

Madison even desired that all public officials – including Bradford – would declare openly and publicly their Christian beliefs and testimony:

I have sometimes thought there could not be a stronger testimony in favor of religion or against temporal enjoyments, even the most rational and manly, than for men who occupy the most honorable and gainful departments and [who] are rising in reputation and wealth, publicly to declare their unsatisfactoriness by becoming fervent advocates in the cause of Christ; and I wish you may give in your evidence in this way.2

Second, Madison was a member of the committee that authored the 1776 Virginia Bill of Rights and approved of its clause declaring that:

It is the mutual duty of all to practice Christian forbearance, love, and charity toward each other3

Third, Madison’s proposed wording for the First Amendment demonstrates that he opposed only the establishment of a federal denomination, not public religious activities. His proposal declared:

The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established. 4

(Madison reemphasized that position throughout the debates. 5 Fourth, in 1789, Madison served on the Congressional committee which authorized, approved, and selected paid Congressional chaplains. 6

Fifth, in 1812, President Madison signed a federal bill which economically aided a Bible Society in its goal of the mass distribution of the Bible. 7

Sixth, throughout his Presidency (1809-1816), Madison endorsed public and official religious expressions by issuing several proclamations for national days of prayer, fasting, and thanksgiving.8

These were the early actions of Madison. In later life Madison retreated from many of these positions, even declaring in his “Detached Memoranda” his belief that having paid chaplains and issuing presidential prayer proclamations were unconstitutional. Recent Courts have made a point of citing Madison’s “Detached Memoranda” in arguing against public religious expressions. 9

Significantly, the “Detached Memoranda” was “discovered” in 1946 in the papers of Madison biographer William Cabell Rives and was first published more than a century after Madison’s death by Elizabeth Fleet in the October 1946 William & Mary Quarterly. In that work, Madison expressed his opposition to many of his own earlier beliefs and practices and set forth a new set of beliefs formerly unknown even to his closest friends. Since Madison never made public or shared with his peers his sentiments found in the “Detached Memoranda,” and since his own public actions were at direct variance with this later writing, it is difficult to argue that it reflects the Founders’ intent toward religion.

There were fifty-five individuals directly involved in framing the Constitution at the Constitutional Convention, and an additional ninety in the first federal Congress that framed the First Amendment and Bill of Rights. Allowing for the overlap of nineteen individuals who were both at the Constitutional Convention and a part of the first Congress, 10 there were one hundred and twenty-six individual participants in the framing of the Constitution and the Bill of Rights. The records of the Constitutional Convention demonstrate that James Madison was often out of step with these Founders. The other delegates rejected Madison’s Virginia plan in preference for Roger Sherman’s Connecticut plan and voted down 40 of Madison’s 71 proposals (60 percent). 11 Nevertheless, today Madison is cited as if he is the only authority among the Founding Fathers and the only expert on the First Amendment and the Bill of Rights.

Was Madison responsible for the First Amendment and the Bill of Rights? Definitely not. In fact, during the Constitutional Convention, it was Virginian George Mason that advocated that a Bill of Rights be added to the Constitution, 12 but the other Virginians at the Convention – including James Madison – opposed any Bill of Rights and their position prevailed. 13Consequently, George Mason, Elbridge Gerry, Edmund Randolph, and others at the Convention refused to sign the new Constitution because of their fear of insufficiently bridled federal power. 14

Mason and the others returned to their home States to lobby against the ratification of the Constitution until a Bill of Rights was added. As a result of their voices (and numerous others who agreed with them), the ratification of the Constitution almost failed in Virginia, 15 Massachusetts, 16 New Hampshire, 17 and New York. 18 Rhode Island flatly refused to ratify it, 19 and North Carolina refused to do so until limitations were placed upon the federal government. 20 Although the Constitution was eventually ratified, a clear message had been delivered: there was strong sentiment demanding the inclusion of a Bill of Rights.

When the Constitution was considered for ratification, the reports from June 2 through June 25, 1788, make clear that in Virginia, Patrick Henry, George Mason, and Edmund Randolph led the fight for the Bill of Rights, again over James Madison’s opposition. 21 Henry’s passionate speeches of June 5 and June 7 resulted in Virginia’s motion that a Bill of Rights be added to the federal Constitution; and on June 25, the Virginia Convention selected George Mason to chair a committee to prepare a proposed Bill of Rights, 22 with Patrick Henry and John Randolph as members. 23 Mason incorporated Henry’s arguments as the basis of Virginia’s proposal on religious liberty. 24

Although Madison had opposed a Bill of Rights, he understood the grim political reality that without one, it was unlikely the new Constitution would receive widespread public acceptance. 25 Consequently, he withdrew his opposition, and in the federal House of Representatives he introduced his own versions of the amendments offered by his State.

Very little of Madison’s proposed religious wording made it into the final version of the First Amendment; and even a cursory examination of the Annals of Congress surrounding the formation of that Amendment quickly reveals the influence of Fisher Ames and Elbridge Gerry of Massachusetts, Samuel Livermore of New Hampshire, John Vining of Delaware, Daniel Carroll and Charles Carroll of Maryland, Benjamin Huntington, Roger Sherman, and Oliver Ellsworth of Connecticut, William Paterson of New Jersey, and others on that Amendment. 26

The failure to rely on Founders other than Madison seems to imply that no other Founders were qualified to address First Amendment issues or that there exists no pertinent recorded statements from the other Founders. Both implications are wrong: numerous Founders played pivotal roles; and thousands of their writings do exist.

However, if critics of public religious expression believe that only a Virginian may speak for the nation on the issue of religion (they usually cite either Madison or Jefferson), then why not George Mason, the “Father of the Bill of Rights”? Or Richard Henry Lee who not only framed Virginia’s proposals but who also was a Member of the first federal Congress where he helped frame the Bill of Rights? Or why not George Washington? Perhaps the reason that these other Virginians are ignored (as are most of the other Framers) is because both their words and actions unequivocally contradict the image portrayed by the one-sided picture of Madison given by those who cite only his “Detached Memoranda.”

George Washington provides a succinct illustration. During his inauguration, Washington took the oath as prescribed by the Constitution but added several religious components to that official ceremony. Before taking his oath of office, he summoned a Bible on which to take the oath, added the words “So help me God!” to the end of the oath, then leaned over and kissed the Bible. 27 His “Inaugural Address” was filled with numerous religious references, 28 and following that address, he and the Congress “proceeded to St. Paul’s Chapel, where Divine service was performed.” 29

Only weeks later, Washington signed his first major federal bill 30 – the Northwest Ordinance, drafted concurrently with the creation of the First Amendment. 31 That act stipulated that for a territory to become a State, the “schools and the means of education” in that territory must encourage the “religion, morality, and knowledge” that was “necessary to good government and the happiness of mankind.” 32 Conforming to this requirement, numerous subsequent State constitutions included that clause, 33 and it still appears in State constitutions today. 34 Furthermore, that law is listed in the current federal code, along with the Constitution, the Declaration, and the Articles of Confederation, as one of America’s four “organic” or foundational laws. 35

Finally, in his “Farewell Address,” Washington reminded the nation:

Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness. . . . The mere politician, equally with the pious man, ought to respect and to cherish them. 36

Washington – indisputably a constitutional expert – declared that religion and morality were inseparable from government, and that no true patriot, whether politician or clergyman, would attempt to weaken the relationship between government and the influence of religion and morality.

Or why not cite the actions of the entire body of Founding Fathers? For example, in 1800, when Washington, D. C., became the national capital and the President moved into the White House and Congress into the Capitol, Congress approved the use of the Capitol building as a church building for Christian worship services. 37 In fact, Christian worship services on Sunday were also started at the Treasury Building and at the War Office. 38

John Quincy Adams, a U. S. Senator, made frequent references to these services. Typical of his almost weekly entries are these:

[R]eligious service is usually performed on Sundays at the Treasury office and at the Capitol. I went both forenoon and afternoon to the Treasury. October 23, 1803. 39

Attended public service at the Capitol, where Mr. Ratoon, an Episcopalian clergyman from Baltimore, preached a sermon. October 30, 1803. 40
The Rev. Mannasseh Cutler, a U. S. Congressman (as well as a chaplain in the Revolution and a physician and scientist) similarly recorded in 1804:

December 23, Sunday. Attended worship at the Treasury. Mr. [James] Laurie [pastor of the Presbyterian Church] alone [preached]. Sacrament [communion]. Full assembly. Three tables; service very solemn; nearly four hours. Cold day. 41

By 1867, the church in the Capitol had become the largest church in Washington, and the largest Protestant church in America. 42

There are numerous other public religious activities by the Founding Fathers that might be cited, and Madison participated and facilitated many of them. Yet Madison later privately renounced his own practices, thus distancing himself from his own beliefs and practices as well as those of the other Founders. Therefore, to use Madison’s “Detached Memoranda” as authoritative is a flagrant abuse of historical records, choosing a long unknown ex post facto document in preference to those concurrent with the framing and implementation of the First Amendment.

Newdow’s use of James Madison is typical of most revisionists: it gives only the part of the story with which he agrees and omits the part with which he disagrees. If Newdow wants to take the position that the “Founding Fathers” (plural) opposed the use of chaplains, then he must provide evidence from more than one Founder; he must show that the majority of the Founders opposed chaplains – something that he cannot do.

Endnotes

1 Letter of Madison to William Bradford (November 9, 1772), in 1 James Madison, The Letters and Other Writings of James Madison 5-6 (New York: R. Worthington 1884).

2 Letter of Madison to William Bradford (September 25, 1773), in 1 James Madison, The Papers of James Madison 66 (William T. Hutchinson ed., Illinois: University of Chicago Press 1962).

3 The Proceedings of the Convention of Delegates, Held at the Capitol in the City of Williamsburg, in the Colony of Virginia, on Monday the 6th of May, 1776, 103 (Williamsburg: Alexander Purdie 1776) (Madison on the Committee on May 16, 1776; the “Declaration of Rights” passed June 12, 1776).

4 The Debates and Proceedings in the Congress of the United States 451, 1st Cong., 1st Sess. (Washington, D. C.: Gales & Seaton 1834) (June 8, 1789).

5Debates and Proceedings 758-759 (1834 ed.) (August 15, 1789).

6 Debates and Proceedings 109 (1834 ed.) (April 9, 1789).

7 Debates and Proceedings in the Congress of the United States 1325, 12th Cong., 2nd Sess. (Washington: Gales & Seaton 1853) (“An Act for the relief of the Bible Society of Philadelphia. Be it enacted, &c., That the duties arising and due to the United States upon certain stereotype plates, imported during the last year into the port of Philadelphia, on board the ship Brilliant, by the Bible Society of Philadelphia, for the purpose of printing editions of the Holy Bible, be and the same are hereby remitted, on behalf of the United States, to the said society: and any bond or security given for the securing of the payment of the said duties shall be cancelled. Approved February 2, 1813.”)

8 James D. Richardson, A Compilation of the Messages and Papers of the Presidents, 1789-1897, 513 (Published by Authority of Congress 1899) (July 9, 1812), 532-533 (July 23, 1813), 558 (November 16, 1814), and 560-561 (March 4, 1815).

9 See, for example, Lee v. Weisman, 505 U.S. 577, 617 (1992); Marsh v. Chambers, 463 U.S. 783, 791 (1983); ACLU v. Capitol Square Review, 243 F.3d 289 (6th Cir. 2001); Sherman v. Cmty. Consol. Dist. 21, 980 F.2d 437 (7th Cir. 1992); American Jewish Congress v. City of Chicago, 827 F.2d 120 (7th Cir. 1787), and others.

10 Ten members of the Constitutional Convention also served in the first federal Senate (William Few, Richard Bassett, George Read, Pierce Butler, William Paterson, Robert Morris, Oliver Ellsworth, William Samuel Johnson, Caleb Strong, and John Langdon) and nine members of the Convention served in the first federal House (Abraham Baldwin, James Madison, Hugh Williamson, Daniel Carroll, George Clymer, Thomas Fitzsimons, Roger Sherman, Elbridge Gerry, and Nicholas Gilman).

11 Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution 208-209 (Lawrence, Kansas, 1985), compiled from The Records of the Federal Convention of 1787 (Max Farrand, ed., New Haven: Yale University Press, 1911), Vol. I, 216, 373, and Vol. II, 45, 306, 324-325, 345, 440, 500, and 617.

12 James Madison,The Papers of James Madison 1566 (Henry D. Gilpin, ed., Washington: Langress and O’Sullivan, 1840) (Wednesday, September 12, 1787); see also 2 Bancroft’s History of the Formation of the Constitution 209-210 (New York: D. Appleton and Company, 1882), and 2 Farrand’s Records of The Federal Convention 588 (September 12, 1787) and 637 (September 15, 1787).

13 Debates in the Several State Conventions on the Adoption of the Federal Constitution 306 (Jonathan Elliot, ed., Washington, 1836) (September 12, 1787).

14 Dictionary of American Biography, s.v., “George Mason,” “Edmund Randolph,” “Elbridge Gerry.”

15 Elliot’s Debates, Vol. III, 652-655, Virginia Ratification Debates, June 25, 1788.

16 Elliot’s Debates, Vol. II, 176-181, Massachusetts Ratification Debates, February 6, 1788.

17 A History of the New Hampshire Convention (Boston: Cupples & Hurd, 1888), 41-43, June 21, 1788.

18 Elliot’s Debates, Vol. II, 413, New York Ratification Debates, July 26, 1788.

19 Collections of the Rhode Island Historical Society (Providence: Knowles and Vose, 1843), Vol. V, 320-321, March 24, 1788.

20 Elliot’s Debates, Vol. IV, 242-251, North Carolina Ratification Debates, August 1-2, 1788.

21 Elliot’s Debates, Vol. III, 616-622, James Madison, Virginia Ratification Debates, June 24, 1788.

22 Life of George Mason, Vol. I, 244.

23 Elliot’s Debates, Vol. III, 655-656, Virginia Ratification Debates, June 25, 1788.

24 Patrick Henry, Life, Correspondence and Speeches, William Wirt Henry (New York: Charles Scribner’s Sons, 1891), Vol. I, 430-431; see also Rowland, Life
of George
Mason, Vol. I, 244; see also Elliot’s Debates, Vol. III, 659, Virginia Ratification Debates, June 27, 1788.

25 Debates and Proceedings 448-450 (1st Cong., 1st Sess) (June 8, 1789); see also Wallace v. Jaffree, 472 U. S. 38, 93-99 (1985) (Rehnquist, J., dissenting).

26 Debates and Proceedings 440-948 (1st Cong., 1st Sess.) (June 8- September 24, 1789, for the records chronicling the debates surrounding the framing of the First Amendment).

27 Life of George Washington 475 (New York: G. P. Putnam & Co., 1857); Mrs. C. M Kirkland Memoirs of Washington 438 (New York: D. Appleton & Company, 1870); Charles Carleton Coffin, Building the Nation 26 (New York: Harper & Brothers Publishers, 1882); etc.

28 Richardson, Messages and Papers 51-54 (April 30, 1789).

29 Annals of Congress 29 (April 30, 1789).

30 Acts Passed at a Congress of the United States of America Begun and Held at the City of New-York, on Wednesday the Fourth of March, in the Year 1789, 104 (Hartford: Hudson & Goodwin, 1791) (August 7, 1789).

31 Debates and Proceedings 685 (1st Cong., 1st Sess.) (July 21, 1789, passage by the House), and 1 Debates and Proceedings 57 (August 4, 1789, passage by the Senate).

32 Constitutions (1813) 364 (“An Ordinance of the Territory of the United States Northwest of the River Ohio,” Article III).

33 For example, State constitutions across the decades reflecting this requirement include the 1803 Ohio Constitution Constitutions (1813), 334, Ohio, 1802, Article 8, Section 3); the 1817 Mississippi Constitution The Constitutions of All the United States According to the Latest Amendments (Lexington, KY: Thomas T. Skillman, 1817), 389, Mississippi, 1817, Article 9, Section 16); the 1858 Kansas Constitution (House of Representatives, Mis. Doc. No. 44, 35th Cong., 2nd Sess., February 2, 1859, 3-4, Article 1, Section 7, of the Kansas Constitution); the 1875 Nebraska Constitution (M. B. C. True, A Manual of the History and Civil Government of the State of Nebraska (Omaha: Gibson, Miller, & Richardson, 1885), 34, Nebraska, 1875, Article 1, Section 4); etc.

34 The Constitution of North Carolina 42 (Raleigh: Rufus L. Edmisten, Secretary of State, 1989) (Article 9, Section 1); Constitution of the State of Nebraska 1-2 (Lincoln: Allen J. Beermann, Secretary of State, 1992) (Article 1, Section 4); Page’s Ohio Revised Code Annotated 24 (Cincinnati: Anderson Publishing Co., 1994) (Article 1, Section 7).

35 United States Code Annotated 1 (St. Paul: West Publishing Co., 1987) (“The Organic Laws of the United States of America”).

36 George Washington, Address of George Washington, President of the United States . . . Preparatory to His Declination 22-23 (Baltimore: George and Henry S. Keatinge, 1796).

37 Debates and Proceedings 797 (6th Cong., 2nd Sess.) (December 4, 1800).

38 John Quincy Adams, Memoirs of John Quincy Adams 265 (Charles Francis Adams ed., Philadelphia: J. B. Lippincott & Co. 1874) (October 23, 1803).

39 John Quincy Adams, Memoirs 265(October 23, 1803).

40 John Quincy Adams, Memoirs 268 (October 30, 1803).

41 William Parker Cutler & Julia Perkins Cutler, Life, Journals, and Correspondence of Rev. Manasseh Cutler, LL.D. 174 (Cincinnati: Robert Clarke & Co. 1888).

42 James Hutson, Chief of the Manuscript Division of the Library of Congress, Religion and the Founding of the American Republic 91 (Washington, D. C.: Library of Congress 1998).

Impeachment of Federal Judges

The Founders’ intent for impeachment was to protect the fundamental principle of “the consent of the governed.” The Constitution carries no title but “We the People,” and impeachment removes from office those officials who ignore that standard. (Recall that the Constitution does not guarantee a federal judge his position for life, but only for the duration of “good behavior.” Art. III, Sec. 1)

For this reason impeachment was used whenever judges disregarded public interests, affronted the will of the people, or introduced arbitrary power by seizing the role of policy-maker. Previous generations used this tool far more frequently than today’s generation; and because the grounds for impeachment were deliberately kept broad, articles of impeachment have described everything from drunkenness and profanity to judicial high-handedness and bribery as reasons for removal from the bench. (Sixty-one federal judges or Supreme Court Justices have been investigated for impeachment, of whom thirteen have been impeached and seven convicted.)

Today’s judiciary, not having experienced any serious threat of impeachment as judges in earlier generations, repeatedly flaunts its contempt for the will of the people. It recently has overturned direct elections in Washington, New York, California, Arkansas, Texas, Missouri, etc., simply because it preferred a different outcome. This is not to suggest that the results of all citizen elections are final and infallible, for it is the duty of the Court to protect the Constitution. However, the above elections violated at most the judiciary’s ideological leanings rather than any manifest provision of the Constitution (e.g., English as a State’s official language, ending government assistance for illegal immigrants, enacting term-limits, prohibiting physician-assisted suicides).

Examples of Judicial Abuses

While most are aware of the 9th Circuit’s recent decision that saying “under God” in the Pledge of Allegiance threatens our American form of government, there are numerous additional examples, some staggeringly unbelievable. For example, in Jane Doe v. Santa Fe, a federal judge ruled that graduation prayers must not include any mention of “Jesus” or other “specific deities” and that any student offering such a prayer would face immediate arrest and up to six months in jail. The judge threatened “violators” by saying they would wish they “had died as a child” once his court finished with them.

In a Texas county where conservatives narrowly won multiple seats in an election, a federal judge reversed that outcome by arbitrarily throwing out the 800 votes cast by U.S. military personnel, saying they had no right to vote in local elections.

A federal judge in Nashville reviews the verdict of any jury in Tennessee that awards the death penalty. This judge has openly declared his personal opposition to the death penalty and has set aside every jury decision on this issue, despite the Constitution’s explicit language to the contrary. The judge even allows nine years to pass, on average, before overturning the jury’s sentence, thus disregarding the Constitution’s guarantee to a speedy trial.

After citizens in a statewide election voted down a proposed tax-increase in Missouri, a federal judge, in direct violation of Article I of the Constitution, unilaterally set aside the election results and instead decreed that the tax be levied in order to finance his own personal plan for education in the State. Interestingly, this judge’s plan (which funded the “Taj Majal” of public education) proved to be a dismal failure – at the continuing economic expense of the entire State.

There are many other examples; today’s judiciary is now so arrogant that the Supreme Court’s own Justices have described it as “a super board of education for every school district in the nation,” as amateur psychologists on a “psycho-journey,” and as “a national theology board.”

The Supreme Court versus Congress

Even though the Constitution gave the lawmaking powers to the Congress, courts have become the predominant policy making body in the nation. In fact, on public tours of the Supreme Court, one often hears the ridiculous claim that “this is the building from which all the laws in the land emanate.” The Supreme Court, fully believing its own propaganda, regularly strikes down or rewrites the laws of Congress to conform to its own predilections and edicts.

For example, in 1993, Congress passed the Religious Freedom Restoration Act (RFRA) to correct an earlier Supreme Court decision that weakened a long-standing First Amendment protection for religious groups. That Congressional act reinstituted protection declaring that a government entity must not interfere with a religious body unless it had “a compelling state interest” for doing so. When a Catholic church in Boerne, Texas, sought to accommodate its burgeoning membership but was denied a building permit to expand its facilities, the church invoked relief under RFRA, claiming the city had no “compelling state interest” in denying the church expansion. The Court ruled otherwise, striking down Congress’ attempt to protect religious bodies from government intrusion. While most decried this decision for weakening the rights of religious bodies, there was a far greater question at stake.

Congress invoked Section 5 of the Fourteenth Amendment of the Constitution in passing RFRA to protect religious freedoms from further governmental encroachment. Yet even though the Congress had acted on the power explicitly given it in the Constitution, the Court struck down the law, refusing to be corrected by Congress and warning that Congress should not attempt to correct a Court ruling. Significantly, Congress cited the Constitution as its authority for passing RFRA, but the Court did not cite the Constitution as its authority for striking RFRA down. The Court instead pointed to its own previous decisions, thus elevating its rulings higher than the Constitution itself. As it explained, “Any suggestion that Congress has a substantive, non-remedial power under the Fourteenth Amendment is not supported by our case law.” The Court then rebuked Congress, warning that its judicial edicts must be treated “with the respect due them.” In short, we the Court demand that you the Congress adhere to our opinions regardless of what the Constitution says.

Obviously, the Supreme Court considers both itself and its decisions supreme over Congress. However, the Constitution disagrees – it deliberately empowers Congress with greater power. For example, the Constitution gives Congress the authority to set the salaries for judges, determine the size of the Judiciary, establish the scope of the Judiciary’s jurisdiction and the types of cases which come before it. Furthermore, judges cannot serve without the approval of Congress, and Congress may remove judges with whom it is dissatisfied. These are just some of the “constitutional arms” for Congress’ “powers of self-defense” (Federalist 73, Alexander Hamilton).

The Constitution clearly places many of the operations of the Judiciary under the oversight of Congress – a power not granted reciprocally to the Judiciary. This is made clear in the Federalist Papers (described by James Madison as “the most authentic exposition of the heart of the federal Constitution”), which confirm that subjugating the Judiciary to Congress was deliberate and intentional. Federalist #51 declares:

The legislative authority necessarily predominates.

Federalist #78 then proclaims:

The Judiciary is beyond comparison the weakest of the three departments of power.

Furthermore, Federalist #49 declares that Congress – not the Court – is “the confidential guardians of [the people’s] rights and liberties.” Why? Because the Legislature – not the unelected judiciary – is closest to the people and most responsive to them. In fact, the Court’s own history proves that it is not a proficient guardian of the people’s rights. For example, after the Civil War, Congress passed civil rights laws forbidding segregation, but the Court struck down these laws and instead instituted “separate but equal” in Plessey v. Ferguson. (While the Court eventually ended this racial segregation in Brown v. Board of Education, that decision was merely the Court’s reversal of its own segregation standard previously established in Plessey.)

Moreover, had it been up to the Court, slavery would have never ended: in 1857, the Court declared it unconstitutional for the other branches to end slavery or to free slaves. Fortunately, Congress ignored that decision by declaring freedom for slaves in 1862 and President Lincoln also ignored that decision by issuing the “Emancipation Proclamation” in 1863. All substantive progress in civil rights after the Civil War was accomplished only after Congress used Article III, Section 2 of the Constitution to remove Reconstruction issues from the Court’s reach. Indeed, history demonstrates that the Court is less than a faithful guardian of the people’s rights, violating the people’s liberties as often as it protects them. As Thomas Jefferson pointed out:

Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. . . . and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control.

Today, the Court claims that it is the only body capable of interpreting the Constitution – that Congress is incapable of determining constitutionality. However, the Founding Fathers vehemently disagreed. For example, James Madison declared:

[T]he meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.

Constitutional Convention delegate Luther Martin similarly attested:

A knowledge of mankind and of legislative affairs cannot be presumed to belong in a higher degree to the Judges than to the Legislature.

The Founders consistently opposed the Court being the final word on constitutionality. For example, Thomas Jefferson declared:

[T]o consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. . . . The Constitution has erected no such single tribunal.

He further explained that if the Court was left unchecked:

The Constitution . . . [would be] a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.

Allowing the Court to enlarge its own sphere of power beyond what the Constitution authorizes, permitting the Court to usurp the powers of Congress, and tolerating the Courts’ disregard of constitutional separation of powers moves America ever further from being a representative republic and ever closer toward the oligarchy against which Jefferson warned. The Court must be resisted in these attempts.

Impeachment: The Founders’ Solution

As noted earlier, judges in previous generations who usurped powers from Congress or the people faced impeachment. But today’s critics claim that the use of impeachment would either make the judiciary a “political” branch (as if it were not already a political branch) or that it would violate the “independence of the judiciary.” Yet, as Thomas Jefferson so accurately cautioned,

It should be remembered as an axiom of eternal truth in politics that whatever power . . . is independent is absolute also. . . . Independence can be trusted nowhere but with the people in mass.

No judge should ever be so independent that he is unaccountable to the Congress, and thereby the people. As Justice James Iredell (placed on the Court by President George Washington) so clearly explained:

Every government requires it [impeachment]. Every man ought to be amenable for his conduct.

Iredell further noted that some officials will behave themselves only under “the very terror of punishment” that impeachment provides. Recent events suggest he was right.

In 1996, six members of the Supreme Court voted to overturn the Colorado election forbidding special (rather than just equal) rights for homosexuals. Following that flagrant display of contempt for the will of Colorado voters, there was a national call for the impeachment of those six Justices. After this clamor for their removal, those same six Justices suddenly became ardent defenders of the people’s elections and in a subsequent decision unexpectedly and unanimously chastised a lower court that had overturned a statewide election in Arizona. (Interestingly, Thomas Jefferson on multiple occasions called impeachment a “scarecrow” – something used to frighten predators – and the threat of impeachment certainly had that effect on the Supreme Court.)

Similarly, after a federal judge overturned a binding referendum by the voters of California (“Proposition 209”), national leaders called for the impeachment of that judge. Later, the 9th Circuit ordered the results of the election reinstated and criticized that judge for ignoring the will of the people. Yet, this same 9th Circuit Court had itself shortly before overturned at least three similar elections. Why the flip-flop? The “scarecrow” had been forcefully raised by Congress to make judges accountable for their decisions by returning to the original constitutional uses of impeachment.

It is true that impeachment is a cumbersome process, and achieving a conviction is difficult. However, on most occasions, just the threat of impeachment produces results. In fact, there are several examples of federal judges correcting their own decisions after hearing Congressional calls for their impeachment; and an actual impeachment sends an even more powerful message to all other wayward leaning judges.

Although Congress is ultimately responsible for the discipline of judges, far too many of our Congressmen (like far too many of our citizens) have no understanding of the proper use of impeachment. However, a wise political axiom declares that “Congress sees the light when it feels the heat,” and this is especially true on this issue. As citizens, we need to educate ourselves on the proper use of judicial impeachment, and then we need to educate our Representatives, reminding them of the need for judicial reform and alerting them to those judges showing a pattern of abuse. The time for encouraging judicial accountability is once again ripe. This is a golden opportunity for citizens to weigh in and make a difference.

Copyright © 2002 David Barton, WallBuilders

(An excellent tool for educating yourself and your Congressional representative is the book Restraining Judicial Activisim . This work documents both the Founders writings on this issue and how impeachment was used in America in previous generations. Get a copy for yourself and an extra copy for your Representative and Senators!)

 

* This article concerns a historical issue and may not have updated information.

Solving the Pledge of Allegiance Controversy

The recent court ruling that saying “under God” in the Pledge of Allegiance threatens our American form of government came as a shock to millions of Americans. Even the cynical “nothing-can-surprise-us” national media raised its collective eyebrow at the decision.

Given the popularity of the Pledge, the reaction to that ruling was not surprising. For example, Members from both the House (mostly the Republicans) and Senate walked outside their chambers, faced the Supreme Court, and recited the Pledge – with a particularly loud emphasis on the “offensive” phrase. And for days following the decision, I was inundated with radio interviewers seeking the background of the case and its repercussions for the future. Even judges called, offering suggestions of how to deal with their renegade brethren. Congressmen also called, seeking help in drafting legislation to strip power from the courts as well as to begin impeachment proceedings against the offending judges.

This decision was described by White House and congressional leaders with adjectives such as “outrageous,” “ridiculous,” “stupid,” “asinine,” “twisted,” etc. However, it was not, as many might believe, far and away the single worst decision rendered by courts in recent years; it was just the one we all heard about. This decision, for example, was no less egregious than when the federal judge in Texas warned students that if they used the word “Jesus” in a prayer, a federal marshal would arrest them and give them six months in jail. Nor was this decision less despicable than when a federal judge in Alabama ordered undercover monitors into the classrooms to report to him if students engaged in illegal and forbidden religious conduct – such as praying over their lunches at school. No, these unpublicized decisions were just as unsavory as the recent one by the 9th Circuit.

Nonetheless, millions of Americans, now made aware of this absurd decision, are properly asking whether it will be overturned. Yet the more important question is how this decision came to be made in the first place.

The nation received its first public glimpse into what lay behind this decision during the second presidential debate in St. Louis in 2000. Al Gore promised that if he were elected President, he would continue the practice of his predecessor and place judges on the courts who believed that the Constitution was a living document. George Bush, on the other hand, pledged that his judicial nominees would be strict constructionists.

  • A strict constructionist interprets the Constitution as it is written, not as he or she wished it had been written. Thus, the Constitution’s guarantee of the “free exercise of religion” would protect the right to use “under God” in the Pledge of Allegiance.
  • A judge who believes in a “living constitution” believes that what the Supreme Court says about an issue is more important than what the Constitution says about the same issue. These judges agree with the philosophy set forth by former Supreme Court Chief Justice Charles Evan Hughes that, “We are under a Constitution, but the Constitution is what the judges say it is.”

The decision of the three judges in the Pledge case revealed that only one of the three was a strict constructionist – and unfortunately he was outvoted by the two “living constitution” judges. Significantly, those two did not use the Constitution to strike down the Pledge but instead cited three recent tests erected by the Supreme Court to replace the express language of the Constitution.

The first test was established in 1971 when the Court decided that the language of the religion clauses in the Constitution would be replaced with what it called its “Lemon Test.” Under this test, unless a public religious activity had a primarily secular purpose, that religious activity would be unconstitutional. In 1984, the Court established its second test, the “Endorsement Test,” declaring that if it appeared that the government was permitting a public religious activity, then the activity would be unconstitutional because someone might think that the government was “endorsing” religion. Then, in 1992, the Court added its third test, the “Psychological Coercion Test.” Under this test, if a single individual (such as the atheist in California who objected to the Pledge) is uncomfortable in the presence of a public religious public activity, then the Court will make that activity stop.

The two judges who ruled against the Pledge cited each of these three Tests rather than the Constitution. They struck down the Pledge because it failed the “Lemon Test,” the “Endorsement Test,” and the “Psychological-Coercion Test.”

While most Americans are completely unaware of these two judicial philosophies, those in Washington are not. In fact, it is the Senate’s clear understanding of these two philosophies that has caused one of the biggest unreported battles this session.

President Bush, true to his promise, has nominated 103 “strict constructionists” to fill federal judgeships. The Senate leadership, however, has refused to confirm his judges slated for the Court of Appeals. The Senate understands that if “strict constructionists” were placed on the courts, then the judicially-enacted national policies against school and graduation prayers, against the protection of innocent life, against traditional morality, etc. would be threatened. In fact, many of President Bush’s judicial nominees have gone more than a year without Senate action while it took President Clinton an average of only 77 days for the Senate to get his “living constitution” judicial nominees confirmed. Therefore, even though the Senate voted a 99-0 condemnation of the Pledge decision, for many Senators this vote was largely disingenuous since more that half the Senate (nearly all the Democrats) is actively engaged in keeping judges off the courts who would uphold the Pledge.

Yet, despite the Senate’s direct complicity in the Pledge decision, the Senate is not to blame for this travesty; Christians are. Why? Because of their widespread refusal to vote. There are 60 million evangelicals in America, and in the last election only 15 million voted (and 24 million of those 60 million evangelicals are not even registered to vote)! In that same election, five Senators lost who, if still in office, would have provided a majority of Senators that would confirm President Bush’s judicial nominees. However, those five Senators lost by a collective total of 100,000 votes in those five States – and 45 million evangelicals did not even vote in that election!

If Christians had voted for God-fearing Senators last election, not only would we have a different type of judge moving into the federal judiciary but fifty-three measures now languishing in the Senate would now be law. Those measures include a ban on human cloning, a ban on partial-birth abortions, a ban on “aborting” children after they are born (called the “Infants Born-Alive Protection Act”), a reversal of the discrimination against marriage, protection for faith-based programs, and many other measures. The President wants to sign these bills; the House has already passed them; but the Senate leadership refuses even to hold hearings on them.

President James A. Garfield (an ordained minister of the Gospel) foresaw a century ago where we are today:

Now, more than ever before, the people are responsible for the character of their Congress. If that body be ignorant, reckless, and corrupt, it is because the people tolerate ignorance, recklessness, and corruption. If that body be intelligent, brave, and pure, it is because the people demand these high qualities to represent them in the national legislature. If the next centennial does not find us a great nation, it will be because those who represent the enterprise, the culture, and the morality of the nation do not aid in controlling the political forces.

Understanding the importance of Christian involvement in elections, and its impact on the entire nation, Rev. Charles Finney (a leader in the 19th century’s Second and Third Great Awakenings) warned:

The Church must take right ground in regard to politics. . . . The time has come that Christians must vote for honest men and take consistent ground in politics. . . . God cannot sustain this free and blessed country which we love and pray for unless the Church will take right ground. Politics are a part of a religion in such a country as this, and Christians must do their duty to the country as a part of their duty to God. . . . God will bless or curse this nation according to the course Christians take in politics.

If we want to see less Pledge of Allegiance type rulings, then its time that Christians get out and vote. Thirty-three States have Senate elections this November, and in many of those States there are solid, evangelical, God-fearing Christians running for the Senate. In fact, many of those now running for the U. S. Senate have been in the U. S. House passing the good bills, but now want to move to the Senate where they can help break the logjam.

As the November elections draw near, heed the words of the Rev. Matthias Burnet, who in 1803 properly warned:

Ye whose high prerogative it is to . . . invest with office and authority or to withhold them and in whose power it is to save or destroy your country, consider well the important trust . . . which God . . . has put into your hands. To God and posterity you are accountable for them. . . . Let not your children have reason to curse you for giving up those rights and prostrating those institutions which your fathers delivered to you.

Houses of Worship Free Speech Restoration Act

Congressman Walter Jones from North Carolina’s 3rd District has introduced H.R. 235, the “Houses of Worship  Free Speech Restoration Act.” This bill would amend the IRS Code of 1986 to restore the ability of churches and other houses of worship to freely participate in political campaigns.

According to Congressman Jones:

“In 1954, then-Senator Lyndon B. Johnson offered an amendment to a revenue bill that would permanently extend the stranglehold of the Internal Revenue Service (IRS) into our nation’s churches, synagogues and mosques. Since that time, the IRS has turned the 501(c)(3) code-section on its head in an attempt to punish pastors, priests and rabbis for nothing more than communicating the principles of faith during an election period. If passed, the Houses of Worship Political Speech Protection Act would restore the rights of all religious organizations to determine for themselves what they can and cannot teach from their pulpits, or communicate to their congregation and the public without fear that their tax status may be in jeopardy. It is time to restore freedom to our Nation’s pulpits.”

houses-of-worship-free-speech-restoration-actTo contact your Representative or Senator: From a constitutional perspective, it is unconscionable that the current policy penalizing the free speech of religious institutions has remained intact and unchallenged for this long. The government has long recognized that institutions of faith and houses of worship have provided vital services to our communities and our nation. In fact, our public policy has been to honor the valuable contributions of these organizations with an exemption from taxes both for the organizations themselves and for the individuals and groups who support them. Regrettably, because of a simple appropriations rider in 1954, our public policy changed to recognizing the valuable contributions of houses of worship only if they gave up their constitutional right to free speech. (What an amazing exchange: we will honor your charitable contributions but only if you will give up your constitutional rights!) This obviously represents bad public policy and unjustly muzzles thousands of churches across America by preventing them from exercising their fundamental right to free speech. Free speech is most valuable when it is exercised during the elections of our government leaders.

  1. If you do not know your U. S. Congressman, go to https://www.house.gov/representatives/find-your-representative and type in yo ur zip code to learn the name of your Representative.
  2. Call the U.S. Capitol at (202) 224-3121. When the Capitol switchboard operator answers, ask for your Senator or Representative by name. When that office answers, ask to speak to your Congressman or Senator. If he is available, he will speak with you; if he is unavailable, simply tell his staff your thoughts on H.R. 235 and how you would like him to vote.
  3. If you wish to write and communicate the same message, the address is:

Name of your Representative

U.S. House of Representatives

Washington, DC, 20515

 

Name of your Senator

U.S. Senate

Washington, DC, 20510

(To access information (bill text, sponsors, status, etc.) and track the progress of the “Houses of Worship Free Speech Restoration Act,” go to https://clerk.house.gov/Votes and type in “HR 235” to see how your Congressman voted on a similar bill on October 2, 2002, click here. WallBuilders offers The Role of Pastors and Christians in Civil Government, which documents  the historic role people of faith played in our government.)

** This is historic information and not applicable to current pieces of legislation. **

united states flag

Ten Steps To Change America

Change Is Needed

What can be done to halt the havoc loosed on the United States since the early 60s? There must be two reversals, the first and most obvious one must occur in our national public stance toward God: the Supreme Court’s current ban on the acknowledgment of God and the use of His principles in public is a direct challenge to Him and has thus triggered the law of national accountability, subjecting the nation to severe consequences. Therefore, our current national public stand against God must be set aside.

The second reversal must center on the restoration of the personal benefits derived from living by Godly principles. For example, when the Courts ruled that students might not use the Ten Commandments, nor study the Scriptures, nor learn about sexual abstinence, etc., the separation of these teachings caused personal, individual harm to those students, as forewarned in Deuteronomy 6:24 and 10:13:

The Lord commanded us to obey all these decrees so that we might always prosper.

Observe the Lord’s decrees for your own good.

Observing His principles serves to our benefit. When His commands are rejected, it is to our own harm. Millions have been harmed by the mandated separation of His principles from specific arenas of their lives. The efforts at restoration and reversal must occur on both the national and on the individual levels.

Court Rulings & Christian Responses

In the decades immediately preceding the Court rulings (the 1920s, 30s, 40s, etc.), Christians en masse had voluntarily removed themselves from the political, social, and legal arenas. Whenever the Godly depart from any arena, their own Godly values depart with them. A person in office always legislates according to his own personal beliefs and convictions, and herein is the wisdom of Proverbs 29:2 made evident: “When the righteous rule, the people rejoice; when the wicked rule, the people groan.”

It was the plan and intent of the Founders that the Godly, and thereby Godly principles, remain intimately involved in the political, judicial, and educational realms. The Founders believed that only the Godly would understand the unalienable freedoms provided by God and thus protect them in our form of government; and they never intended that Christian principles be divorced from public affairs.

Christians, through bad doctrine, political inactivity, and apathy had handed the reins of the nation over to leaders who awarded potential lifelong appointments to Justices not only willing but also eager to uproot the Christian practices that had been the heart of this nation for centuries. Quite frankly, the Court’s 1962 (and subsequent) religion-hostile decisions were merely an outgrowth of what the Christian community-at-large had permitted and encouraged in the decades preceding those rulings.

A Biblical description of this process is given by Jesus in Matthew 13:24-26.  In that parable, good people had a good field growing good seed. However, an enemy came in and planted bad among the good, thus contaminating the entire field. What afforded the enemy such an opportunity? The stark answer is found in verse 24: “While the good men slept, the enemy came in.” Jesus never faulted the enemy for doing what he did, for it was his task and purpose to destroy; Jesus placed the fault on the good men who went to sleep, thus allowing the enemy to do what he did. Very bluntly what has occurred in America happened first because the church went to sleep, and then because the enemy came in and caused the damage.

The problems we have created for ourselves, although colossal, can be solved. Reversing the current trends involves making changes in the two areas mentioned earlier: (1) the official unfriendly stand taken against God must be corrected, and (2) religious principles and moral teachings must be restored and made available to individuals in public arenas. There are at least ten specific activities suggested in this chapter which can help realize these goals.

I. The first thing is to do first things first:

I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks, be made for all men, for [leaders] and for all that are in authority. 1 TIMOTHY 2:1

This is not an arbitrary, haphazard plan given by God; God wants every individual to pray for civic leaders first, because civic leaders and their policies affect every individual. Simply for our own benefit we should be praying regularly for our leaders at local, state, and federal levels in each branch of government. Prayer will be the first key to effecting significant and lasting change, for situations do not change on earth until they have been changed in the heavenlies. Additionally, we need to pray faithfully that God will root the wicked from office and will raise up righteous individuals to replace them. “An ounce of prevention is worth a pound of cure,” and having the right individuals in office will prevent the enactment of many damaging policies. As explained by William Penn:

[G]overnments rather depend upon men than men upon governments. . . . Let men be good and the government cannot be bad. . . . [T]hough good laws do well, good men do better; for good laws may want [lack] good men . . . but good men will never want [lack] good laws nor suffer [allow bad] ill ones. [1]

Pray individually not only for our leaders on every level, but enlarge your sphere of influence and organize small groups to pray for our leaders.

2. Voluntary prayer currently is greatly restricted in many schools, but that does not mean children should not be trained daily to pray.

If you have children of school age, pray with them each day before they leave for school. Show them from the Scriptures the importance of prayer and petition, and help them begin each day by seeking God. Encourage them to pray specifically for students, families, schools, and the nation. God wants us to train our children in the importance of prayer.

The prayer of the upright is His delight. PROVERBS 15:8

Pray without ceasing. 1 THESSALONIANS 5:17

Continue in prayer. COLOSSIANS 4:2

3. Children currently receive little accurate information from their schools or public institutions either about the historical role of Christians in the nation or about the importance of involving Godly principles in our public affairs.

Nevertheless, you can help them obtain correct information. If you have children, teach them the Christian history, heritage, and traditions of our nation. If you do not have children, then educate those around you (i.e., Sunday School class, civic club, etc.) to an accurate history of our nation.

4. The political realm, formerly dominated by Christians, is still available to them.

It was the use of politics that resulted in the elimination of religious activities and the public acknowledgment of God from public affairs; it can therefore restore those principles. While it might seem easier to empty the ocean with a thimble than to change politics, it is actually not as difficult as many people think. We’ve probably heard, or perhaps even made, statements such as: “I’m only an individual-one vote. What can I do?” “My vote won’t make a difference anyway.” “It does us no good to vote. As Christians, we’re already in the minority.” Sound familiar? The fact is, such statements are not true.

A Gallup Poll shows that 84 percent of this nation firmly believe in Jesus Christ, [2] and a separate poll indicates that 94 percent believe in God.[3] Polls have shown that:

  1. Over 80 percent approve of voluntary prayer in school. [4]
  2. 81 percent of the nation opposes homosexual behavior. [5]>
  3. 89 percent opposes the use of abortion as a means of convenience birth control. [6]

Additional findings could be cited, but the conclusion is inescapable: although we have been led to believe that we, the 94 percent who believe in God, are the minority, we most definitely are not!

Imagine a hypothetical vote in the U. S. Senate where the final tally was 94 to 6. It would be untenable for the 6 to be declared the winner and to have their policy enacted over the votes of the 94; yet this is exactly what happened when the public acknowledgment of God was prohibited. Can such an act truly be appropriate either in a republic (to which we pledge our allegiance) or in a democracy (which we most often claim to be)? Certainly not! Yet, unfortunately, this travesty continues to occur on a regular basis today. We have relinquished our right to be a democratic-republic and instead have become an oligarchy-a nation ruled by a small group or a council of “elite” individuals.

While polls show that the overwhelming majority of our citizens seem ready to return Godly precepts to public affairs, it is clear that a vast number of our elected officials are not. Whose fault is that? Notice President James Garfield’s answer to this question:

Now, more than ever before, the people are responsible for the character of their Congress. If that body be ignorant, reckless, and corrupt, it is because the people tolerate ignorance, recklessness, and corruption. If it be intelligent, brave, and pure, it is because the people demand these high qualities to represent them in the national legislature. . . . If the next centennial does not find us a great nation . . . it will be because those who represent the enterprise, the culture, and the morality of the nation do not aid in controlling the political forces. [7]

Proof that it is up to us, the citizens, not them, the leaders, came in one election cycle, in 5 Senate races. The five candidates who stood for returning Godly principles to public affairs were defeated by a collective total of only 57,000 votes-less than 12,000 votes per state. Yet in those five states, there were over 5 million Christians who did not even vote! If only 1 of every 100 nonvoting Christians-one percent-had voted for the candidate supporting Godly principles, those five would have been elected and would have created a ten-vote swing in the Senate; five unGodly men would have been retired and five Godly men would have taken their places.

This is not the disheartening report it seems; actually, it is very encouraging, for it shows that Godly candidates are most often defeated not by activists and radicals, but by inactive Christians! This means that we do have the power to make a difference. When Christians begin to believe that we can make a difference and begin to act like the majority we are, we will make a difference. The ability to change the current situation is in our hands. As Edmund Burke explained:

All that is necessary forevil to triumph is for good men to do nothing. [8]

There is much that “good men” can do to stop the triumph of evil. One of the most important is to vote, and to vote Biblically. John Jay, America’s first Chief Justice of the Supreme Court, once received a letter inquiring from him whether it was permissible for a Christian to vote for an unGodly candidate. Jay responded:

Whether our religion permits Christians to vote for infidel rulers is a question which merits more consideration than it seems yet to have generally received either from the clergy or the laity. It appears to me that what the prophet said to Jehoshaphat about his attachment to Ahab [“Shouldest thou help the ungodly and love them that hate the Lord?” 2 Chronicles 19:2] affords a salutary lesson. [9]

On another occasion, Jay advised:

Providence has given to our people the choice of their rulers. It is the duty, as well as the privilege and interest, of our Christian nation to select and prefer Christians for their rulers. [10]

Daniel Webster delivered a similarly strong warning to teach our youth that:

[T]he exercise of the elective franchise is a social duty of as solemn a nature as man can be called to perform; that a man may not innocently trifle with his vote; that every free elector is a trustee as well for others as himself; and that every man and every measure he supports has an important bearing on the interests of others as well as on his own. [11]

Founding Father Noah Webster delivered a similar admonition:

Let it be impressed on your mind that God commands you to choose for rulers just men who will rule in the fear of God [Exodus 18:21]. . . . [I]f the citizens neglect their duty and place unprincipled men in office, the government will soon be corrupted . . . If [our] government fails to secure public prosperity and happiness, it must be because the citizens neglect the Divine commands, and elect bad men to make and administer the laws. [12]

These admonitions to vote, and to vote Biblically, came not only from our political leaders, but from our spiritual leaders as well. Charles Finney, a prominent minister in the early 1800s, succinctly declared:

The time has come that Christians must vote for honest men and take consistent ground in politics or the Lord will curse them. . . . God cannot sustain this free and blessed country which we love and pray for unless the Church will take right ground. [13]

It is time to believe and to behave differently. We are not a minority; we are the majority! It is time to declare at the ballot box that we will no longer allow officials who embrace the values of the 6 percent who do not believe in God to abrogate the rights of the 94 percent who do. We must remove officials who do not comply with traditional, historical, and Biblical principles and replace them with those who do. We can make a difference! Our vote does count!

5. Too often, an allegedly “good” candidate is elected and we later end up regretting his public stands and votes. Much of this could be eliminated if the right questions were asked before election.

We need to know more about a candidate than just the professional qualifications; we also need to know the personal traits that qualify him to represent us. As pointed out in a famous textbook first published in 1800:

A public character is often an artificial one. It is not, then, in the glare of public, but in the shade of private life that we are to look for the man. Private life is always real life. Behind the curtain, where the eyes of the million are not upon him . . . there he will always be sure to act himself: consequently, if he act greatly, he must be great indeed. Hence it has been justly said, that, “our private deeds, if noble, are noblest of our lives.”. . . [I]t is the private virtues that lay the foundation of all human excellence. [14]

It is not only proper, it is vital to investigate a candidate’s private life and beliefs before placing him into office. The reason is made clear in Matthew 7:16-20 and in Luke 6:43-44; in these passages, Jesus reminds us that bad roots will produce bad fruit. Consequently, a candidate’s moral and religious “roots” must be investigated before placing him into office. A candidate who produced bad fruit in private life will produce bad fruit in public life. Understanding this truth, Founding Father Elias Boudinot, President of the Continental Congress, reminded us to . . .

. . . be religiously careful in our choice of all public officers . . . and judge of the tree by its fruits. [15]

John Adams similarly charged us:

We electors have an important constitutional power placed in our hands; we have a check upon two branches of the legislature. . . . It becomes necessary to every [citizen] then, to be in some degree a statesman: and to examine and judge for himself. [16]

While there are many ways to ascertain a candidate’s private beliefs and behavior, two are readily available to any individual or group. The first is outside monitoring, and the second is direct questioning.

Outside monitoring. Many groups publish a voter’s guide showing the voting records of incumbents and the position of challengers on moral and religious issues of concern to the God-fearing community. A listing of several of these groups may be found on our Helpful Links  page. Contact the group’s national headquarters to get information on obtaining a voter’s guide for your state. The national group will usually refer you to one of their state groups/chapters in your local area. While each of the national groups may not have a representative, there is usually at least one of the groups which will have a contact in your area. You may have to call several of the national groups before you finally make the local connection you need, but don’t give up; the information you finally receive will be well worth the effort.

Direct Questioning. Another way to obtain information on a candidate’s stands on specific issues is simply to phone his or her office and ask. In addition to any questions which you might have concerning state or local issues, three additional questions you can pose will almost universally reveal the moral philosophy which guides that candidate. Specifically question each candidate on:

  • His view on the relationship between God and government.
  • His view on abortion.
  • His view on homosexual behavior.

The answers to these questions will reveal whether the candidate perceives the importance of God’s principles to government, whether he understands the value of life and of protecting the innocent, and finally whether he believes that there are behavioral absolutes based on fundamental rights and wrongs. How a candidate answers these three questions will identify the moral foundation from which all other political decisions will be made.

No matter which position a candidate is seeking, scrutinize his stands. Some candidates will argue that since they are seeking only the position of justice-of-the-peace, city treasurer, dogcatcher, etc., that their stands on issues like abortion will have no bearing on their office. While that statement may seem innocuous, it is misleading.

In Exodus 18:21, God holds forth the same standards for all elected officials regardless of whether they are “leaders of tens” (local), “leaders of fifties” (county), “leaders of hundreds” (state), or “leaders of thousands” (federal). The logic behind this is simple: nearly every current “leader of thousands” was once a “leader of tens”; that is, many low-level local offices have been starting points for prominent national careers. Therefore, screen candidates thoroughly at the lowest levels of government, for this is where their election or defeat is the easiest. Once a candidate is in office and becomes an incumbent, statistics show that his defeat and removal from office is much more difficult.

When you examine a candidate, realize that it is not vital that you agree on every specific doctrinal point. The determining factor is, do we agree on what the Founding Fathers called “the moral law”?; that is, do we agree on the moral essentials? Alexis de Tocqueville, in his famous book Democracy in America (still available in bookstores today), explained:

The sects [Christian denominations] which exist in the United States are innumerable. They all differ in respect to the worship which is due from man to his Creator; but they all agree in respect to the duties which are due from man to man. Each sect adores the Deity in its own peculiar manner; but all the sects preach the same moral law in the name of God . . . [A]lmost all the sects of the United States are comprised within the great unity of Christianity, and Christian morality is everywhere the same. [17]

This nation will not be put back on track by Baptists alone, or by Catholics alone, or by Methodists alone, or by Pentecostals alone, or by any other single group; there is not enough strength in any one denomination to return America to its Biblical roots. However, it will be put back on track by Christians of all denominations committed to the same moral law of God. Be prepared to accommodate an appropriate degree of tolerance for those of other religious communities without compromising basic Biblical principles of morality.

Once you have determined each candidate’s stand on moral and religious issues, do all you can to publicize those positions to your friends, acquaintances, and associates. (Note: It does not violate any tax-exempt provision of the IRS for a church to distribute voter’s guides or candidate positions; a voter’s guide is an educational publication and does not jeopardize a church’s tax-exempt status. A church may educate its members on the beliefs of candidates concerning issues of concern to Christians. It is only as an official corporate body that the church may not endorse a specific candidate or party. However, a pastor may endorse a candidate or a party-even from the pulpit-as long as he makes it clear that he is simply delivering his own opinion and that he is not speaking on behalf of the church board or church corporation. A pastor does not forfeit his right to freedom of speech just because he is a pastor.

6. After you have identified a Godly candidate, there is much you can do to help him or her.

Frequently such a candidate may not receive good media coverage; however, this is neither an unusual nor an insurmountable problem. Candidates with strong grass-roots efforts regularly overcome the media influence and win.

Once you identify a candidate who can make a positive difference, get involved with him. Offer as much financial support as you can (whether little or much), and then call the office and volunteer some time to the campaign, even if it is only an hour or two. By volunteering to help a Godly candidate, you will, in fact, be helping yourself and your posterity; it is important to remember posterity and to leave them something better than we have. The Rev. Matthias Burnet, in a sermon delivered before the Connecticut legislature in 1803, addressed this very concern when he stated:

Finally, ye . . . whose high prerogative it is to . . . invest with office and authority or to withhold them, [by voting] and in whose power it is to save or destroy your country, consider well the important trust . . which God . . . [has] put into your hands. To God and posterity you are accountable for them. . . . Let not your children have reason to curse you for giving up those rights and prostrating those institutions which your fathers delivered to you. [18]

We need to help the good candidates, for our own sake and for the sake of our children. However, when helping a candidate, learn to look beyond party. You might have been born a Democrat; you might have been born a Republican; you might have been born an Independent; that doesn’t matter. The fact is, you were reborn a Christian; reflect that in your political involvement. As Founding Father Benjamin Rush once declared:

I have been alternately called an aristocrat and a democrat. I am neither. I am a Christocrat. I believe all power . . . will always fail of producing order and happiness in the hands of man. He alone who created and redeemed man is qualified to govern him. [19]

Be a Christocrat; get involved with solid Godly candidates no matter what their party.

7. Another mechanism for effective change is direct contact with your Congressman.

A sincere, personal letter expressing your views and your concerns to your Congressman is effective, but for too long, most Americans have underestimated the effect they can have and thus have remained silent on many issues.

I had an opportunity once to participate directly in the introduction of a significant federal legislative bill. The bill received support from a wide variety of Congressmen (in fact, in the preceding month, the House of Representatives had voted two-to-one in favor of the material in the proposed bill). The bill was referred to the appropriate committee and subcommittee; however, those two chairmen refused to allow any hearings or discussion on the bill; they were both determined to let it die in committee.

Because of the widespread support already evident, and because it seemed inappropriate for only two individuals to block the progress of that bill, we asked several Congressmen how to get that bill released from the committee. The Congressmen instructed us to locate individuals in those two men’s home districts who would be willing to write letters to the two requesting that the bill be released and that hearings be scheduled on it.

To determine how many letters would be needed, we queried several: “Congressman, how do you know when you have a ‘hot’ issue?” Their answer was startling: “If we get as many as fifty letters on a bill, it’s a very hot issue.” They further indicated that, in their opinion, twenty letters would be sufficient pressure to cause the two Congressmen to reverse their position on the bottled-up bill. Amazed, we asked: “How many letters do you usually receive on a bill?” They responded, “Five to ten is normal.”

The fact that five to ten letters is the norm on a bill is a compelling commentary on the inactivity of most of us. Each Congressman represents at least 500,000 individuals, and as few as 20 letters can cause him to reverse his stand!  This explains why philosophical minorities and anti-Christian groups are often more successful in reaching their goals in Congress: they are simply more active in generating individual contacts with a Congressman.

In communicating with your Congressman, it is important that your contacts be personal. Congressmen openly acknowledge that mass-produced mailings, form letters, or petitions get no response and usually go into the trash. In their view, if a person does not feel strongly enough about a bill or an issue to express himself in a personal, original letter, then he receives little serious consideration.

A personal letter is effective, even a short one; and letter writing is not only easy, but often takes less time than imagined. Usually, the difficulty is simply in getting started; once you begin your letter, the thoughts and feelings flow easily. Here are a few suggestions to assist you in effective letter writing:

  • Be personal in your letter. Use the name of your Congressman-don’t address it to “Dear Congressman”. You typically don’t appreciate mail addressed to “Dear Occupant”; neither does he; call him/her by name. (You can obtain the name of your Congressman through the library, Chamber of Commerce, or other similar public service organizations.)
  • Get to the point-don’t be long-winded or wordy; three or four paragraphs is plenty and is much more likely to receive serious attention than is a lengthy letter. After a short friendly greeting, explain why you are writing and what you would like the Congressman to do.
  • Be specific in your requests. If possible, try to give the name, number, or description of the bill or measure with which you are concerned. Do not ask him to do general things like bring world peace, end the famines in Africa, etc.; he can no more do that than you can.
  • Don’t get preachy. Give practical, well-thought-out, logical reasons for your position and why you want him to take certain steps. Don’t use Christian cliches or phrases.
  • Don’t threaten. Don’t tell him, for example, that if he doesn’t vote the way you want that you will never vote for him again, or that if he doesn’t stop abortion that he will stand before God and answer for his votes. Although these things may be true, Philippians 2:14 instructs us to do everything without threatening. Threats tend to bring out the stubborn side in most individuals.
  • Be complimentary and appreciative, not antagonistic, provoking, obnoxious, rude, or abrasive. The Bible says not to speak evil of a ruler (Acts 23:5) and that a soft word breaks down the hardest resistance (Proverbs 25:15).
  • Close with a statement of appreciation, and sincerely and genuinely thank him (for his service, for his consideration of your request, etc.), and then ask him for a response to your letter.

The address for your federal Representative or Senator is:

Name of your Representative
U. S. House of Representatives
Washington, DC, 20515

Name of your Senator
U. S. Senate
Washington, DC, 20510

Because letter-writing does have an effect, many churches now are setting aside a portion of one service a month for their members to write letters. While it is very effective-and relatively easy-to organize a church or home letter-writing group, there is some preparation which must be done for this type of group activity.

The church leadership may designate one (or several) individuals to research current bills/issues of concern to the Christian community. (There are several groups listed on our “Helpful Links” page which monitor issues and bills of importance to Christians; it is beneficial to get on mailing lists of one or more of these groups in order to be informed about current issues.) The church then provides information on these bills or issues to the congregation in conjunction with a service (perhaps on a blackboard, an overhead, or a handout) and next provides the members with the paper and the time necessary to jot a short note to their Congressmen on one of the bills/issues. This entire process usually requires only 10-15 minutes; and since twenty letters can have substantial impact, virtually any church, Sunday School class, home-meeting group, etc. should easily be able to generate more than enough letters on a single bill/issue to create a “crisis” for a Congressman.

Although letters are more effective than calls, calls are still very effective. If you decide to call instead of write, dial the Capitol switchboard at (202) 224-3121. When the operator answers, ask for your Senator or Representative by name. When that office answers, ask to speak to your Congressman. If he is available, often he will speak with you. If he is unavailable, simply express to his staff your concern or how you expect him to vote on a particular issue. The staff will record your feelings and will communicate them to the Congressman. (This process is just as effective with your state and local leaders as it is with your federal officials.)

8. Often, we seem to be overwhelmed with bad news and regular reports concerning the loss or compromise of yet another moral or Biblical principle.

Why is this the case? According to a recent study, the majority of those working in certain areas of the public media consider themselves “liberal” and support immoral stands which most Godly individuals oppose. [20] We therefore receive a steady presentation of what the “liberal” media believes to be important and a suppression of what we believe to be important. Consequently, we often feel that we are a minority and have no power to alter the stand of our government.

Song of Solomon 8:13 tells us otherwise; it declares a simple principle: “Your companions hearken to your voice, so speak!” You can be effective in communicating a different viewpoint to your friends and to others, and one way is through the “Letters to the Editor” section of your local newspaper. Your views can offer an alternative to those frequently presented by the media and can show other silent or discouraged ones that there are many who actually feel as they do. Commit yourself to writing one or two public letters a month.

When composing such a letter, be sure to avoid being purely emotional (and thus often illogical); also, avoid using Christian cliches and phrases-they communicate only to other well-informed Christians and not to the general population.  In an English newspaper, you would not write in Japanese, nor would you write in Portuguese; therefore, don’t write in Christian-ese. Christian-ese is just as foreign a language to many readers as is Chinese or Swahili. Adopt the philosophy of Paul explained in 1 Corinthians 9:19-22:

[T]o win as many as possible. . . I became like one under the law so as to win those under the law. To those not having the law I became like one not having the law. . . so as to win those not having the law. To the weak I became weak to win the weak.  I have become all things to all men so that by all possible means I might save some.

Utilize the opportunity to give sound, practical reasons for your opinions and to provide a basis for others to adopt your views. As 1 Peter 3:15 instructs: “Be ready to give an answer to everyone.

9. As you become more active and involved, don’t underestimate the effect of the experience you are gaining.

Be willing to step into leadership, perhaps by stepping out to inform the community of important issues and consideration, perhaps by recruiting others to run for office, or perhaps even by running for local offices yourself.

Local offices are important-they influence the entire community. Furthermore, it is easier to be elected to local government or to local school boards than to be elected to a statewide or national office. Don’t be afraid to run for a position on the local school board, city council, or other areas where you can begin helping to implement changes. While Charles Finney’s statement from the mid-1800s is appropriate for every level, it is especially true at the local level:

Politics are part of a religion in such a country as this and Christians must do their duty to the country as a part of their duty to God. It seems sometimes as if the foundations of the nation are becoming rotten, and Christians seem to act as if they think God does not see what they do in politics. But I tell you He does see it, and He will bless or curse this nation, according to the course they [Christians] take. [21]

Recognize that involvement in civil government is a legitimate ministry: in Luke 19:17-19, Jesus shows that the reward God gave to those who proved themselves faithful was to place them in civil government, and Romans 13:4 declares that civil leaders are “ministers of God.” God wants His people in all arenas, including that of government, for government won’t be redeemed from without; it must be redeemed from within by people of Godly principles and integrity.

10. Finally, it is vital that we develop an attitude of unswervable duty coupled with an attitude of resolute steadfastness.

For the most part, our culture has developed a short-term, microwave mentality. Television seems to teach us that a family or a national crisis can arise and be resolved completely within a 30- or 60-minute program; consequently, we have embraced impatience as a national characteristic.

That characteristic too often infects our attitude toward involvement in public affairs. For example, we may get involved in an election or two; but when we don’t see a complete turnaround, we have a tendency to throw up our hands, declare that we tried and that it didn’t make any difference, then scurry on to our next inspiration. It took nearly half-a century to arrive at the situation in which we find ourselves today; that situation will not be reversed in one election, or two.

Even if the recovery turns out to be just as lengthy as was the disease, a recovery will come if we faithfully persist. Galatians 6:9 promises that we will reap the benefits if we will simply hang in there long enough. We must learn to be content with small, steady gains. The principle of retaking lost ground slowly, while neither appealing nor gratifying to our natural impatience, is a well-articulated Biblical principle:

I will not drive them out in a single year . . . Little by little I will drive them out before you, until you have increased enough to take possession of the land. EXODUS 23:29-30
The Lord your God will drive [them] out before you . . . little by little. You will not be allowed to eliminate them all at once.DEUTERONOMY 7:22

To retake lost ground quickly is not the strategy prescribed by the Lord Himself; the rewards promised in the Scriptures go to the faithful (Matthew 25:21, 23). Commit yourself to this engagement for the long haul-for the duration; arm yourself with the mentality of a marathon runner, not a sprinter. Very simply, be willing to stay and compete until you win.

Conclusion

We must regain the conviction that Biblical principles are vital to national success, and we must be willing to pursue their reinstatement. In recent decades, we have wrongly allowed the very principles which produced morality and virtue, and thus national stability, to be restricted in public life. We need once again to recognize the truth so well understood by George Washington that:

[T]he propitious [favorable] smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained. [22]

We must become convinced of the principle expressed by Abraham Lincoln and then accept the civic responsibilities implied by his statement that:

The truth announced in the Holy Scripture, and proven by all history [is] that, “Those nations only are blessed whose God is the Lord.” [23]


Endnotes

[1] Thomas Clarkson, Memoirs of the Private and Public Life of William Penn (London: Longman, Hunt, Rees, Orme, and Brown, 1813), I:303.

[2] The Unchurched American . . . 10 Years Later (Princeton: The Princeton Religion Research Center, 1988), 25.

[3] Religion in America: 92-93 (Princeton: The Princeton Religion Research Center), 20, from a survey conducted for the Christian Broadcasting Network, Inc., by The Gallup Organization, Inc., in 1986.

[4] D. Gilbert, Compendium of American Public Opinion (New York: Facts on File Publications, 1988), 313.

[5] Congressional Record, June 29, 1987, H. 3511, citing General Social Survey Annual of the National Opinion Research Center.

[6] U. S. House of Representatives, What America Believes: The Rest of the Story (Republican Staff of the Select Committee on Children, Youth, and Families, U. S. House of Representatives, 1990), 12, citing the Boston Globe, October 31, 1989.

[7] John M. Taylor, Garfield of Ohio: The Available Man (New York: W. W. Norton and Company, Inc.), 180. Quoted from “A Century of Progress,” by James A. Garfield, published in Atlantic, July 1877.

[8] John Bartlett, Familiar Quotations (Boston: Little, Brown & Co., 1980), 374.

[9] John Jay, The Correspondence and Public Papers of John Jay, 1794-1826, ed. Henry P. Johnston (New York: G. P. Putnam’s Sons, 1893), IV:365.

[10] Id. at IV:393.

[11] Daniel Webster, The Works of Daniel Webster (Boston: Little, Brown and Company, 1853), II:108, on October 5, 1840.

[12] Noah Webster, The History of the United States (New Haven: Durrie and Peck, 1832), 336-337, 49.

[13] Charles G. Finney, Revival Lectures (Old Tappan, NJ: Fleming Revell Co., reprinted 1970), Lecture XV:336-337.

[14] M. L. Weems, The Life of Washington (Philadelphia: Joseph Allen, 1800), 6-7.

[15] Elias Boudinot, An Oration, Delivered at Elizabeth-town, New-Jersey . . . on the Fourth of July (Elizabethtown: Kollock, 1793), 14-15.

[16] John Adams, The Works of John Adams (Boston: Charles C. Little and James Brown, 1851), III:437, on August 29, 1763.

[17] Alexis De Tocqueville, The Republic of the United States of America (New York: A. S. Barnes & Co., 1851), 331.

[18] Matthias Burnet, D.D., Pastor of the First Church in Norwalk, An Election Sermon, Preached at Hartford Anniversary Election, May 12, 1803 (Hartford: Hudson and Goodwin, 1803), 26-27.

[19] David Ramsay, An Eulogium Upon Benjamin Rush, M.D. (Philadelphia: Bradford and Inskeep, 1813), 103.

[20] S. Robert Lichter and Stanley Rothman, The Media Elite (Bethesda, MD: Adler & Adler, 1986), 28-29.

[21] Charles G. Finney, Revival Lectures (Reprinted Old Tappan, NJ: Fleming Revel Company, 1970), Lecture XV:336-337.

[22] James D. Richardson, A Compilation of the Message and Papers of the Presidents, 1789-1897 (Published by Authority of Congress, 1899), I:52-53.

[23] Id. at VI:164, March 30, 1863.

A Constitutional Amendment Restoring Religious Freedom

H. J. Res. 46 — a constitutional amendment restoring religious freedom— was introduced in the 108th Congress. That Amendment declares:

To secure the people’s right to acknowledge God according to the dictates of conscience:

The people retain the right to pray and to recognize their religious beliefs, heritage, and traditions on public property, including schools.

The United States and the States shall not establish any official religion nor require any person to join in prayer or religious activity.

If you do not know your U. S. Congressman, go to https://www.house.gov/representatives/find-your-representative if you want to see this protection for voluntary school prayer and public religious expressions such as displays of the Ten Commandments, you need to contact your Congressmen — even if he or she already supports this issue.

  1. Type in your zip code to learn the name of your Representative.
  2. Call your Representative at (202) 224-3121. When the Capitol switchboard operator answers, ask for your Senator or Representative by name. When that office answers, ask to speak to your Congressman. If they are available, they will speak with you; if unavailable, simply tell the staff that you want the Congressman (A) to co-sponsor H. J. Res. 46, (B) to bring the bill to the floor for a vote, and (C) to vote for the Religious Freedom Amendment.
  3. If you wish to write your Congressman to communicate the same message, the address is:

Name of your Representative

U.S. House of Representatives

Washington, DC, 20515

 

Name of your Senator

U.S. Senate

Washington, DC, 20510

The “Religious Freedom Amendment” is far too important to die a slow and obscure political death. Therefore, for the sake of this generation — as well as future ones — we should heed the advice of John Hancock:

I [urge] you by all that is dear, by all that is honorable, by all that is sacred, not only that ye pray but that ye act.

(To access information (sponsors, status, etc.) and track the progress of the “Religious Freedom Amendment,” go to https://thomas.loc.gov and type in “HJRes 46.”)

** This is historic information and not applicable to current pieces of legislation. **

Church in the U.S. Capitol

Many people are surprised to learn that the United States Capitol regularly served as a church building; a practice that began even before Congress officially moved into the building and lasted until well after the Civil War. Below is a brief history of the Capitol’s use as a church, and some of the prominent individuals who attended services there.
church-in-the-u-s-capitol-1
The cornerstone of the Capitol was laid by President George Washington in 1793., but it was not until the end of 1800 that Congress actually moved into the building. According to the congressional records for late November of 1800, Congress spent the first few weeks organizing the Capitol rooms, committees, locations, etc. Then, on December 4, 1800, Congress approved the use of the Capitol building as a church building. 1

The approval of the Capitol for church was given by both the House and the Senate, with House approval being given by Speaker of the House, Theodore Sedgwick, and Senate approval being given by the President of the Senate, Thomas Jefferson. Interestingly, Jefferson’s approval came while he was still officially the Vice- President but after he had just been elected President.

Significantly, the Capitol building had been used as a church even for years before it was occupied by Congress. The cornerstone for the Capitol had been laid on September 18, 1793; two years later while still under construction, the July 2, 1795, Federal Orrery newspaper of Boston reported:
church-in-the-u-s-capitol-15

City of Washington, June 19. It is with much pleasure that we discover the rising consequence of our infant city. Public worship is now regularly administered at the Capitol, every Sunday morning, at 11 o’clock by the Reverend Mr. Ralph. 2

The reason for the original use of the Capitol as a church might initially be explained by the fact that there were no churches in the city at that time. Even a decade later in 1803, U. S. Senator John Quincy Adams confirmed: “There is no church of any denomination in this city.” 3 The absence of churches in Washington eventually changed, however. As one Washington citizen reported: “For several years after the seat of government was fixed at Washington, there were but two small [wooden] churches. . . . Now, in 1837 there are 22 churches of brick or stone.” 4 Yet, even after churches began proliferating across the city, religious services still continued at the Capitol until well after the Civil War and Reconstruction.

church-in-the-u-s-capitol-4 church-in-the-u-s-capitol-5 Jefferson attended church at the Capitol while he was Vice President 5 and also throughout his presidency. The first Capitol church service that Jefferson attended as President was a service preached by Jefferson’s friend, the Rev. John Leland, on January 3, 1802. 6 Significantly, Jefferson attended that Capitol church service just two days after he penned his famous letter containing the “wall of separation between church and state” metaphor.

U. S. Rep. Manasseh Cutler, who also attended church at the Capitol, recorded in his own diary that “He [Jefferson] and his family have constantly attended public worship in the Hall.” 7 Mary Bayard Smith, another attendee at the Capitol services, confirmed: “Mr. Jefferson, during his whole administration, was a most regular attendant.” 8 She noted that Jefferson even had a designated seat at the Capitol church: “The seat he chose the first Sabbath, and the adjoining one (which his private secretary occupied), were ever afterwards by the courtesy of the congregation, left for him and his secretary.” 9 Jefferson was so committed to those services that he would not even allow inclement weather to dissuade him; as Rep. Cutler noted: “It was very rainy, but his [Jefferson’s] ardent zeal brought him through the rain and on horseback to the Hall.” 10 Other diary entries confirm Jefferson’s attendance in spite of bad weather. 11

church-in-the-u-s-capitol-6In addition to Mary Bayard Smith and Congressman Manasseh Cutler, others kept diaries of the weekly Capitol church services including Congressman Abijah Bigelow and statesman John Quincy Adams. (Adams served in Washington first as a Senator, then a President, and then as a Representative; and his extensive diaries describe the numerous church services he attended at the Capitol across a span of decades.) Typical of Adams’ diary entries while a U. S. Senator under President Jefferson were these :

Attended public service at the Capitol where Mr. Rattoon, an Episcopalian clergyman from Baltimore, preached a sermon. 12

[R]eligious service is usually performed on Sundays at the Treasury office and at the Capitol. I went both forenoon and afternoon to the Treasury. 13

church-in-the-u-s-capitol-7 Jefferson was not the only President to attend church at the Capitol. His successor, James Madison, also attended church at the Capitol. 14 However, there was a difference in the way the two arrived for services. Observers noted that Jefferson arrived at church on horseback 15 (it was 1.6 miles from the White House to the Capitol). However, Madison arrived for church in a coach and four. In fact, British diplomat Augustus Foster, who attended services at the Capitol, gave an eloquent description of President Madison arriving at the Capitol for church in a carriage drawn by four white horses.

From Jefferson through Abraham Lincoln, many presidents attended church at the Capitol; and it was common practice for Members of Congress to attend those services. For example, in his diary entry of January 9, 1803, Congressman Cutler noted: “Attended in the morning at the Capitol. . . . Very full assembly. Many of the Members present.” 16 The church was often full “so crowded, in fact, one attendee reported that since “the floor of the House offered insufficient space, the platform behind the Speaker’s chair, and every spot where a chair could be wedged in” was filled. 17 U. S. Representative John Quincy Adams (although noting that occasionally the “House was full, but not crowded” 18) also commented numerous times on the overly-crowded conditions at the Capitol church. In his diary entry for February 28, 1841, he noted: “I rode with my wife, Elizabeth C. Adams, and Mary, to the Capitol, where the Hall of the House of Representatives was so excessively crowded that it was with extreme difficulty that we were enabled to obtain seats.” 19 Why did so many Members attend Divine service in the Hall of the House? Adams explained why he attended: “I consider it as one of my public duties- as a representative of the people- to give my attendance every Sunday morning when Divine service is performed in the Hall.” 20

church-in-the-u-s-capitol-8Interestingly, the Marine Band participated in the early Capitol church services. According to Margaret Bayard Smith, who regularly attended services at the Capitol, the band, clad in their scarlet uniforms, made a “dazzling appearance” as they played from the gallery, providing instrumental accompaniment for the singing. 21 The band, however, seemed too ostentatious for the services and “the attendance of the marine-band was soon discontinued.” 22

From 1800 to 1801, the services were held in the north wing; from 1801 to 1804, they were held in the “oven” in the south wing, and then from 1804 to 1807, they were again held in the north wing. From 1807 to 1857, services were held in what is now Statuary Hall. By 1857 when the House moved into its new home in the extension, some 2,000 persons a week were attending services in the Hall of the House. 23 Significantly, even though the U. S. Congress began meeting in the extension on Wednesday, December 16, 1857, the first official use of the House Chamber had occurred three days earlier, when “on December 13, 1857, the Rev. Dr. George Cummins preached before a crowd of 2,000 worshipers in the first public use of the chamber. Soon thereafter, the committee recommended that the House convene in the new Hall on Wednesday, December 16, 1857.” 24 However, regardless of the part of the building in which the church met, the rostrum of the Speaker of the House was used as the preacher’s pulpit; and Congress purchased the hymnals used in the service.

The church services in the Hall of the House were interdenominational, overseen by the chaplains appointed by the House and Senate; sermons were preached by the chaplains on a rotating basis, or by visiting ministers approved by the Speaker of the House. As Margaret Bayard Smith, confirmed: “Not only the chaplains, but the most distinguished clergymen who visited the city, preached in the Capitol” 25 and “clergymen, who during the session of Congress visited the city, were invited by the chaplains to preach.” 26

In addition to the non-denominational service held in the Hall of the House, several individual churches (such as Capitol Hill Presbyterian, the Unitarian Church of Washington, First Congregational Church, First Presbyterian Church, etc.) met in the Capitol each week for their own services; there could be up to four different church services at the Capitol each Sunday.

church-in-the-u-s-capitol-9
The Library of Congress provides an account of one of those churches that met weekly at the Capitol: “Charles Boynton (1806-1883) was in 1867 Chaplain of the House of Representatives and organizing pastor of the First Congregational Church in Washington, which was trying at that time to build its own sanctuary. In the meantime, the church, as Boynton informed potential donors, was holding services- ˜at the Hall of Representatives’ where- ˜the audience is the largest in town. . . . nearly 2000 assembled every Sabbath’ for services, making the congregation in the House the ˜largest Protestant Sabbath audience then in the United States.’ The First Congregational Church met in the House from 1865 to 1868.” 27

church-in-the-u-s-capitol-10 With so many services occurring, the Hall of the House was not the only location in the Capitol where church services were conducted. John Quincy Adams, in his February 2, 1806, diary entry, describes an overflow service held in the Supreme Court Chamber, 28 and Congressman Manasseh Cutler describes a similar service in 1804. 29 (At that time, the Supreme Court Chamber was located on the first floor of the Capitol.) Services were also held in the Senate Chamber as well as on the first floor of the south wing.

Church In The Capitol Milestones

* 1806. On January 12, 1806, Dorothy Ripley (1767-1832) became the first woman to preach before the House. One female attendee had noted: “Preachers of every sect and denomination of Christians were there admitted- Catholics, Unitarians, Quakers, with every intervening diversity of sect. Even women were allowed to display their pulpit eloquence in this national Hall.” 30 In attendance at that service were President Thomas Jefferson and Vice President Aaron Burr. Ripley conducted the lengthy service in a fervent, evangelical, camp-meeting style.

church-in-the-u-s-capitol-11 * 1826. On January 8, 1826, Bishop John England (1786-1842) of Charleston, South Carolina (Bishop over North and South Carolina and Georgia) became the first Catholic to preach in the House of Representatives. Of that service, President John Quincy Adams (a regular attendee of church services in the Capitol) noted: Walked to the Capitol and heard the Bishop of Charleston, [John] England -” an Irishman. He read a few prayers and then delivered an extemporaneous discourse of nearly two hours’ duration. . . . He closed by reading an admirable prayer. He came and spoke to me after the service and said he would call and take leave of me tomorrow. The house was overflowing, and it was with great difficulty that I obtained a seat. 31

church-in-the-u-s-capitol-12 * 1827. In January 1827, Harriet Livermore (1788-1868) became the second woman to preach in the House of Representatives. (Three of her immediate family members: ” her father, grandfather, and uncle” had been Members of Congress. Her grandfather, Samuel Livermore, was a Member of the first federal Congress and a framer of the Bill of Rights; her uncle was a Member under Presidents Thomas Jefferson and James Madison; her father was a Member under President James Monroe.) The service in which she preached was not only attended by President John Quincy Adams but was also filled with Members of Congress as well as the inquisitive from the city. As Margaret Bayard Smith noted, “curiosity rather than piety attracted throngs on such occasions.” 32 Livermore spoke for an hour and a half, resulting in mixed reactions; some praised her and were even moved to tears by her preaching, some dismissed her. Harriet Livermore preached in the Capitol on four different occasions, each attended by a different President.

church-in-the-u-s-capitol-13 church-in-the-u-s-capitol-14 * 1865. On February 12, 1865, Henry Highland Garnet (1815- 1882) became the first African American to speak in Congress. Two weeks earlier, on January 31, 1865, Congress had passed the Thirteenth Amendment abolishing slavery, and Garnet was invited to preach a sermon in Congress to commemorate that event. In his sermon, Garnet described his beginnings: ‘I was born among the cherished institutions of slavery. My earliest recollections of parents, friends, and the home of my childhood are clouded with its wrongs. The first sight that met my eyes was my Christian mother enslaved.” 33 His family escaped to the North; he became a minister, abolitionist, temperance leader, and political activist. He recruited black regiments during the Civil War and served as chaplain to the black troops of New York. In 1864, he became the pastor of the Fifteenth Street Presbyterian Church in Washington, D. C. (where he served at the time of this sermon). He later became president of Avery College and was made Minister to Liberia by President Ulysses S. Grant.

(For more information on this topic please see “Religion and the Founding of the American Republic: Religion and the Federal Government (Part 2)” on the Library of Congress website.)


Endnotes

1 Debates and Proceedings in the Congress of the United States (Washington: Gales and Seaton, 1853), 797, Sixth Congress, December 4, 1800.

2 Federal Orrery, Boston, July 2, 1795, 2.

3 John Quincy Adams, Memoirs of John Quincy Adams, Charles Francis Adams, editor (Philadelphia: J. B. Lippincott and Company, 1874), I:268, October 30, 1803.

4 Mrs. Samuel Harrison Smith (Margaret Bayard), The First Forty Years of Washington Society, Galliard Hunt, editor (New York: Charles Scribner’s Sons, 1906), 16.

5 Bishop Claggett’s (Episcopal Bishop of Maryland) letter of February 18, 1801, reveals that, as vice- President, Jefferson went to church services in the House. Available in the Maryland Diocesan Archives.

6 William Parker Cutler and Julia Perkins Cutler, Life, Journal, and Correspondence of Rev. Manasseh Cutler (Cincinnati: Colin Robert Clarke & Co., 1888), II:66, letter to Joseph Torrey, January 4, 1802. Cutler meant that Jefferson attended church on January 3, 1802, for the first time as President. Bishop Claggett’s letter of February 18, 1801, already revealed that as Vice-President, Jefferson went to church services in the House.

7 Cutler and Cutler, Life, Journal, and Correspondence, II:119, in a letter to Dr. Joseph Torrey on January 3, 1803; see also his entry of December 12, 1802 (II:113).

8 Smith, The First Forty Years, 13.

9 Smith, The First Forty Years, 13.

10 Cutler and Cutler, Life, Journal, and Correspondence, II:119, in a letter to Dr. Joseph Torrey on January 3, 1803; see also his entry of December 26, 1802 (II:114).

11 Cutler and Cutler, Life, Journal, and Correspondence, II:114, December 26, 1802.

12 John Quincy Adams, Memoirs, I:268, October 30, 1803.

13 John Quincy Adams, Memoirs, I:265, October 23, 1803.

14 Abijah Bigelow to Hannah Bigleow, December 28, 1812. “Letters of Abijah Bigleow, Member of Congress, to his Wife,” Proceedings, 1810-1815, American Antiquarian Society (1930), 168.

15 See, for example, Cutler and Cutler, Life, Journal, and Correspondence, II:119, from a letter to Dr. Joseph Torrey on January 3, 1803.

16 Cutler and Cutler, Life, Journal, and Correspondence, II:116, January 9, 1803.

17 Smith, The First Forty Years, 14.

18 See, for example, John Quincy Adams, Memoirs, VII:437-438, February 17, 1828; XI:160-161, May 22, 1842; and others.

19 John Quincy Adams, Memoirs, X:434, February 28, 1841.

20 John Quincy Adams, Memoirs, XI:169, June 5, 1842.

21 Smith, The First Forty Years, 14.

22 Smith, The First Forty Years, 16.

23 James Hutson (Chief of the Manuscript Division of the Library of Congress), Religion and the Founding of the American Republic (Washington, DC: Library of Congress, 1998), 91.

24 William C. Allen (Architectural Historian of the Capitol), A History of the United States Capitol, A Chronicle of Design, Construction, and Politics (Washington, D. C.: Government Printing Office, 2001), 271.

25 Smith, The First Forty Years, 14.

26 Smith, The First Forty Years, 15.

27 Fundraising brochure, Charles B. Boynton. Washington, D.C.: November 1, 1867, Rare Book and Special Collections Division, Library of Congress; available at Library of Congress at https://www.loc.gov/exhibits/religion/rel06-2.html.

28 Hutson, Religion and the Founding of the American Republic, 90.

29 From the Library of Congress, at https://www.loc.gov/exhibits/religion/rel06-2.html.

30 Smith, The First Forty Years, 15.

31 John Quincy Adams, Memoirs, VII:102, January 8, 1826.

32 Smith, The First Forty Years, 15.

33 Henry Highland Garnet, Memorial Discourse (Philadelphia: Joseph M. Wilson, 1865), 73.