Was George Washington a Christian?

This is a question often asked today, and it arises from the efforts of those who seek to impeach Washington’s character by portraying him as irreligious. Interestingly, Washington’s own contemporaries did not question his Christianity but were thoroughly convinced of his devout faith–a fact made evident in the first-ever compilation of the The Writings of George Washington, published in the 1830s.

That compilation of Washington’s writings was prepared and published by Jared Sparks (1789-1866), a noted writer and historian. Sparks’ herculean historical productions included not only the writings of George Washington (12 volumes) but also Benjamin Franklin (10 volumes) and Constitution signer Gouverneur Morris (3 volumes). Additionally, Sparks compiled the Library of American Biography (25 volumes), The Diplomatic Correspondence of the American Revolution (12 volumes), and the Correspondence of the American Revolution (4 volumes). In all, Sparks was responsible for some 100 historical volumes. Additionally, Sparks was America’s first professor of history–other than ecclesiastical history–to teach at the college level in the United States, and he was later chosen president of Harvard.

Jared Sparks’ decision to compile George Washington’s works is described by The Dictionary of American Biography. It details that Sparks began . . .

. . . what was destined to be his greatest life work, the publication of the writings of George Washington. [Supreme Court] Justice Bushrod Washington, [the nephew of George Washington, the executor of the Washington estate, and] the owner of the Washington manuscripts, was won over by an offer to share the profits, through the friendly mediation of Chief Justice [of the Supreme Court, John] Marshall [who from 1804-1807 had written a popular five volume biography of George Washington], who also consented to take an equal share, twenty-five per cent, with the owner. In January 1827, Sparks found himself alone at Mount Vernon with the manuscripts. An examination of them extending over three months showed that years would be required for the undertaking; and with the owner’s consent, Sparks carried off the entire collection, eight large boxes, picking up on the way to Boston a box of diplomatic correspondence from the Department of State, and the [General Horatio] Gates manuscripts from the New York Historical Society. Not content with these, he searched or caused to be searched public and private archives for material, questioned survivors of the Revolution, visited and mapped historic sites. In 1830, for instance, he followed [Benedict] Arnold’s [1775] route to Quebec. The first of the twelve volumes of The Writings of George Washington to be published (vol. II) appeared in 1834 and the last (vol. I, containing the biography) in 1837.

In Volume XII of these writings, Jared Sparks delved into the religious character of George Washington, and included numerous letters written by the friends, associates, and family of Washington which testified of his religious character. Based on that extensive evidence, Sparks concluded:

To say that he [George Washington] was not a Christian would be to impeach his sincerity and honesty. Of all men in the world, Washington was certainly the last whom any one would charge with dissimulation or indirectness [hypocrisies and evasiveness]; and if he was so scrupulous in avoiding even a shadow of these faults in every known act of his life, [regardless of] however unimportant, is it likely, is it credible, that in a matter of the highest and most serious importance [his religious faith, that] he should practice through a long series of years a deliberate deception upon his friends and the public? It is neither credible nor possible.

One of the letters Sparks used to arrive at his conclusion was from Nelly Custis-Lewis. While Nelly technically was the granddaughter of the Washingtons, in reality she was much more.

When Martha [Custis] married George, she was a widow and brought two young children (John and Martha–also called Patsy) from her first marriage into her marriage with George. The two were carefully raised by George and Martha, later married, and each had children of their own. Unfortunately, tragedy struck, and both John and Patsy died early (by 1781). John left behind his widow and four young children ranging in age from infancy to six years old.

At the time, Washington was still deeply involved in guiding the American Revolution and tried unsuccessfully to convince Martha’s brother to raise the children. The young widow of John was unable to raise all four, so George and Martha adopted the two younger children: Nelly Parke Custis and George Washington Parke Custis, both of whom already were living at Mount Vernon.

Nelly lived with the Washingtons for twenty years, from the time of her birth in 1779 until 1799, the year of her marriage and of George Washington’s untimely death. She called George and Martha her “beloved parents whom I loved with so much devotion, to whose unceasing tenderness I was indebted for every good I possessed.”

Nelly was ten years old when Washington was called to the Presidency, and she grew to maturity during his two terms. During that time, she traveled with Washington and walked amidst the great foreign and domestic names of the day. On Washington’s retirement, she returned with the family to Mount Vernon. Nelly was energetic, spry, and lively, and was the joy of George Washington’s life. She served as a gracious hostess and entertained the frequent guests to Mount Vernon who visited the former President.

On Washington’s birthday in 1799, Nelly married Washington’s private secretary, Lawrence Lewis. They spent several months on an extended honeymoon, visiting friends and family across the country. On their return to Mount Vernon, she was pregnant and late that year gave birth to a daughter. A short few weeks later, on December 14, General Washington was taken seriously ill and died.

Clearly, Nelly was someone who knew the private and public life of her “father” very well. Therefore, Jared Sparks, in searching for information on Washington’s religious habits, dispatched a letter to Nelly, asking if she knew for sure whether George Washington indeed was a Christian. Within a week, she had replied to Sparks, and Sparks included her letter in Volume XII of Washington’s writings in the lengthy section on Washington’s religious habits. Of that specific letter, Jared Sparks explained:

I shall here insert a letter on this subject, written to me by a lady who lived twenty years in Washington’s family and who was his adopted daughter, and the granddaughter of Mrs. Washington. The testimony it affords, and the hints it contains respecting the domestic habits of Washington, are interesting and valuable.”

Woodlawn, 26 February, 1833.

Sir,

I received your favor of the 20th instant last evening, and hasten to give you the information, which you desire.

Truro [Episcopal] Parish is the one in which Mount Vernon, Pohick Church [the church where George Washington served as a vestryman], and Woodlawn [the home of Nelly and Lawrence Lewis] are situated. Fairfax Parish is now Alexandria. Before the Federal District was ceded to Congress, Alexandria was in Fairfax County. General Washington had a pew in Pohick Church, and one in Christ Church at Alexandria. He was very instrumental in establishing Pohick Church, and I believe subscribed [supported and contributed to] largely. His pew was near the pulpit. I have a perfect recollection of being there, before his election to the presidency, with him and my grandmother. It was a beautiful church, and had a large, respectable, and wealthy congregation, who were regular attendants.

He attended the church at Alexandria when the weather and roads permitted a ride of ten miles [a one-way journey of 2-3 hours by horse or carriage]. In New York and Philadelphia he never omitted attendance at church in the morning, unless detained by indisposition [sickness]. The afternoon was spent in his own room at home; the evening with his family, and without company. Sometimes an old and intimate friend called to see us for an hour or two; but visiting and visitors were prohibited for that day [Sunday]. No one in church attended to the services with more reverential respect. My grandmother, who was eminently pious, never deviated from her early habits. She always knelt. The General, as was then the custom, stood during the devotional parts of the service. On communion Sundays, he left the church with me, after the blessing, and returned home, and we sent the carriage back for my grandmother.

It was his custom to retire to his library at nine or ten o’clock where he remained an hour before he went to his chamber. He always rose before the sun and remained in his library until called to breakfast. I never witnessed his private devotions. I never inquired about them. I should have thought it the greatest heresy to doubt his firm belief in Christianity. His life, his writings, prove that he was a Christian. He was not one of those who act or pray, “that they may be seen of men” [Matthew 6:5]. He communed with his God in secret [Matthew 6:6].

My mother [Eleanor Calvert-Lewis] resided two years at Mount Vernon after her marriage [in 1774] with John Parke Custis, the only son of Mrs. Washington. I have heard her say that General Washington always received the sacrament with my grandmother before the revolution. When my aunt, Miss Custis [Martha’s daughter] died suddenly at Mount Vernon, before they could realize the event [before they understood she was dead], he [General Washington] knelt by her and prayed most fervently, most affectingly, for her recovery. Of this I was assured by Judge [Bushrod] Washington’s mother and other witnesses.

He was a silent, thoughtful man. He spoke little generally; never of himself. I never heard him relate a single act of his life during the war. I have often seen him perfectly abstracted, his lips moving, but no sound was perceptible. I have sometimes made him laugh most heartily from sympathy with my joyous and extravagant spirits. I was, probably, one of the last persons on earth to whom he would have addressed serious conversation, particularly when he knew that I had the most perfect model of female excellence [Martha Washington] ever with me as my monitress, who acted the part of a tender and devoted parent, loving me as only a mother can love, and never extenuating [tolerating] or approving in me what she disapproved of others. She never omitted her private devotions, or her public duties; and she and her husband were so perfectly united and happy that he must have been a Christian. She had no doubts, no fears for him. After forty years of devoted affection and uninterrupted happiness, she resigned him without a murmur into the arms of his Savior and his God, with the assured hope of his eternal felicity [happiness in Heaven]. Is it necessary that any one should certify, “General Washington avowed himself to me a believer in Christianity?” As well may we question his patriotism, his heroic, disinterested devotion to his country. His mottos were, “Deeds, not Words”; and, “For God and my Country.”

With sentiments of esteem,

I am, Nelly Custis-Lewis

George Washington’s adopted daughter, having spent twenty years of her life in his presence, declared that one might as well question Washington’s patriotism as question his Christianity. Certainly, no one questions his patriotism; so is it not rather ridiculous to question his Christianity? George Washington was a devout Episcopalian; and although as an Episcopalian he would not be classified as an outspoken and extrovert “evangelical” Founder as were Founding Fathers like Benjamin Rush, Roger Sherman, and Thomas McKean, nevertheless, being an Episcopalian makes George Washington no less of a Christian. Yet for the current revisionists who have made it their goal to assert that America was founded as a secular nation by secular individuals and that the only hope for America’s longevity rests in her continued secularism, George Washington’s faith must be sacrificed on the altar of their secularist agenda.

For much more on George Washington and the evidences of his strong faith, examine the following sources:

  • George Washington, The Writings of George Washington, Jared Sparks, editor (Boston: Ferdinand Andrews, Publisher, 1838), Vol. XII, pp. 399-411.
  • George Washington, The Religious Opinions of Washington, E. C. M’Guire, editor (New York: Harper & Brothers, 1836).
  • William Johnson, George Washington The Christian (1917).
  • William Jackson Johnstone, How Washington Prayed (New York: The Abingdon Press, 1932).
  • The Messages and Papers of the Presidents, James D. Richardson, editor (Published by the Authority of Congress, 1899), Vol. I, pp. 51-57 (1789), 64 (1789), 213-224 (1796), etc.
  • George Washington, Address of George Washington, President of the United States, Late Commander in Chief of the American Army, to the People of the United States, Preparatory to his Declination (Baltimore: George & Henry S. Keatinge, 1796), pp. 22-23.
  • George Washington, The Maxims of Washington (New York: D. Appleton and Co., 1855).

* Originally Posted: Dec. 31, 2016.

The Founders And Public Religious Expressions

Recently, there have been objections to public religious expressions by legislative chaplains supported through State budgets. These objections to legislative chaplains are very similar to one lodged with the U. S. Congress in 1852. In that challenge, the Committees on the Judiciary in both the House and the Senate each delivered a report pertinent to this discussion.

For example, in the House Report on March 27, 1854, it noted:

There certainly can be no doubt as to the practice of employing chaplains in deliberative bodies previous to the adoption of the Constitution. We are, then, prepared to see if any change was made in that respect in the new order of affairs. . . . On the 1st day of May [1789], Washington’s first speech was read to the House, and the first business after that speech was the appointment of Dr. Linn as chaplain. By whom was this plan made? Three out of six of that joint committee were members of the Convention that framed the Constitution. Madison, Ellsworth, and Sherman passed directly from the hall of the [Constitutional] Convention to the hall of Congress. Did they not know what was constitutional?. . . It seems to us that the men who would raise the cry of danger in this state of things would cry fire on the 39th day of a general deluge. . . . But we beg leave to rescue ourselves from the imputation of asserting that religion is not needed to the safety of civil society. It must be considered as the foundation on which the whole structure rests. Laws will not have permanence or power without the sanction of religious sentiment—without a firm belief that there is a Power above us that will reward our virtues and punish our vices. 1

The House Judiciary Committee therefore concluded:

Whereas, the people of these United States, from their earliest history to the present time, have been led by the hand of a kind Providence and are indebted for the countless blessings of the past and present, and dependent for continued prosperity in the future upon Almighty God; and whereas the great vital and conservative element in our system is the belief of our people in the pure doctrines and divine truths of the gospel of Jesus Christ, it eminently becomes the representatives of a people so highly favored to acknowledge in the most public manner their reverence for God: therefore, Resolved, That the daily sessions of this body be opened with prayer and that the ministers of the Gospel in this city are hereby requested to attend and alternately perform this solemn duty. 2

On January 19, 1853, the Senate Judiciary Committee delivered its report:

The whole view of the petitioners seems founded upon mistaken conceptions of the meaning of the Constitution. . . . If [the use of chaplains] had been a violation of the Constitution, why was not its character seen by the great and good men who were coeval with the government, who were in Congress and in the Presidency when this constitutional amendment was adopted? They, if any one did, understood the true purport of the amendment, and were bound, by their duty and their oath, to resist the introduction or continuance of chaplains, if the views of the petitioners were correct. But they did no such thing; and therefore we have the strongest reason to suppose the notion of the petitioner to be unfounded. . . . They had no fear or jealousy of religion itself, nor did they wish to see us an irreligious people; they did not intend to prohibit a just expression of religious devotion by the legislators of the nation, even in their public character as legislators; they did not intend to spread over all the public authorities and the whole public action of the nation the dead and revolting spectacle of atheistical apathy. 3

Interestingly, a century later, the U. S. Supreme Court reached a similar conclusion, declaring:

We are a religious people whose institutions presuppose a Supreme Being. . . . When the State encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions. For it then respects the religious nature of our people and accommodates the public service to their spiritual needs. To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe. 4

Clearly, previous generations did not find difficulty with paid chaplains. In fact, even Thomas Jefferson would disagree in several areas with those who often invoke him as an authority for a secular public arena, for Jefferson himself regularly violated the bland “civil religion” standards which many secularists promote. Consider:

    • Jefferson urged local governments to make land available specifically for Christian purposes;5
    • In an 1803 federal Indian treaty, Jefferson willingly agreed to provide $300 to “assist the said Kaskaskia tribe in the erection of a church” and to provide “annually for seven years $100 towards the support of a Catholic priest.” He also signed three separate acts setting aside government lands
      for the sole use of religious groups and setting aside government lands so that Moravian missionaries might be assisted in “promoting Christianity.” 6
    • When Washington D. C. became the national capital in 1800, Congress voted that the Capitol building would also serve as a church building. 7 President Jefferson chose to attend church each Sunday at the Capitol 8 and even provided the service with paid government musicians to assist in its worship.9 Jefferson also began similar Christian services in his own Executive Branch, both at the Treasury Building and at the War Office. 10
    • Jefferson praised the use of a local courthouse as a meeting place for Christian services;11
    • Jefferson assured a Christian religious school that it would receive “the patronage of the government”;12
    • Jefferson proposed that the Great Seal of the United States depict a story from the Bible and include the word “God” in its motto; 13
    • While President, Jefferson closed his presidential documents with the phrase, “In the year of our Lord Christ; by the President; Thomas Jefferson.” 14

Furthermore, Jefferson would especially disagree with those who believe that public prayers should be non-sectarian and omit specific references to Jesus. Jefferson believed that every individual should pray according to his own beliefs. As Jefferson explained:

[The] liberty to worship our Creator in the way we think most agreeable to His will [is] a liberty deemed in other countries incompatible with good government and yet proved by our experience to be its best support. 15 (emphasis added)

Critics, therefore, would be particularly troubled by President Jefferson’s words that:

No nation has ever existed or been governed without religion. Nor can be. The Christian religion is the best religion that has been given to man and I, as Chief Magistrate of this nation, am bound to give it the sanction of my example. 16

James Madison also encouraged public officials to declare openly and publicly their Christian beliefs and testimony — as when he wrote to William Bradford (who became Attorney General under President George Washington):

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. 17

Additionally, throughout his Presidency, Madison issued several proclamations for public days of prayer, fasting, and thanksgiving, 18 and like Jefferson, President Madison also attended church at the Capitol, thus publicly endorsing religion in official arenas. 19

So, not only did Jefferson and Madison endorse religion in the public arena, they were even willing publicly to endorse Christian prayers in the public arena rather than the bland politically-correct civic prayers desired by critics of public prayers.

There are many additional framers of our government who are also qualified to speak to the issue of religious expressions in official and political arenas. For example:

· [W]e can only depend on the all powerful influence of the Spirit of God, whose Divine aid and assistance it becomes us as a Christian people most devoutly to implore. Therefore I move that some minister of the Gospel be requested to attend this Congress every morning during the sessions in order to open the meeting with prayer. 20Elias Boudinot, President of Congress, A Framer of the Bill of Rights in the First Congress

· We have been assured, Sir, in the Sacred Writings that except the Lord build the house, they labor in vain that build it. I firmly believe this; and I also believe that without His concurring aid, we shall succeed in this political building no better than the builders of Babel. . . . I therefore beg leave to move that henceforth, prayers imploring the assistance of Heaven and its blessings on our deliberations be held in this assembly every morning before we proceed to business, and that one or more clergy of the city be requested to officiate in that service.21 Benjamin Franklin, Signer of the Constitution, Signer of the Declaration, Governor of Pennsylvania

· Sensible of the importance of Christian piety and virtue to the order and happiness of a state, I cannot but earnestly commend to you every measure for their support and encouragement. . . . [T]he very existence of the republics . . . depend much upon the public institutions of religion. 22 John Hancock, Signer of Declaration of Independence, Governor of Massachusetts

· [It is] the duty of all wise, free, and virtuous governments to countenance and encourage virtue and religion.23 I therefore recommend a general and public return of praise and thanksgiving to Him from whose goodness these blessings descend. The most effectual means of securing the continuance of our civil and religious liberties is always to remember with reverence and gratitude the source from which they flow. 24John Jay, Original Chief-Justice U. S. Supreme Court, An Author of the Federalist Papers, Governor of New York

· I had the honor of being one among many who framed that Constitution. . . . In order effectually to accomplish these great ends, it is incumbent upon us to begin wisely and to proceed in the fear of God; . . . and it is especially the duty of those who bear rule to promote and encourage piety [respect for God]. 25 Henry Laurens, President of Congress, Selected as Delegate to the Constitutional Convention

· [A] free government. . . . can only be happy when the public principle and opinions are properly directed. . . . by religion and education. It should therefore be among the first objects of those who wish well to the national prosperity to encourage and support the principles of religion and morality. 26 Abraham Baldwin, Signer of the Constitution, A Framer of the Bill of Rights in the First Congress

· 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. 27 (emphasis added) George Washington, Signer of the Constitution, First U. S. President

·[W]hatsoever State among us shall continue to make piety [respect for God] and virtue the standard of public honor will enjoy the greatest inward peace, the greatest national happiness, and in every outward conflict will discover the greatest constitutional strength. 28 John Witherspoon, Signer of the Declaration of Independence

There are many additional framers of our documents with similarly pertinent declarations—some more strongly worded, some less strongly worded, and some the equivalent of those above.

However, just because so many framers specifically endorsed Christianity did not mean that they excluded other religious faiths, for such was not the case. In fact, evangelical Christian Benjamin Rush (a signer of the Declaration and a member of the presidential administrations of Adams, Jefferson, and Madison), in discussing educational policies in public schools, declared:

Such is my veneration for every religion that reveals the attributes of the Deity, or a future state of rewards and punishments, that I had rather see the opinions of Confucius or Mohamed inculcated upon our youth than see them grow up wholly devoid of a system of religious principles. But the religion I mean to recommend in this place is that of the New Testament. . . . [A]ll its doctrines and precepts are calculated to promote the happiness of society and the safety and well-being of civil government.29

However, while Dr. Rush was outspoken about his personal Christian preferences, he was also gratified with the religious tolerance exercised in America. In fact, in his description of the federal parade in Philadelphia following the adoption of the Constitution, Rush happily declared:

The rabbi of the Jews locked in the arms of two ministers of the Gospel was a most delightful sight. There could not have been a more happy emblem! 30

And as Constitution signer Richard Dobbs Spaight similarly explained:

As to the subject of religion. . . . no power is given to the general government to interfere with it at all. . . . No sect is preferred to another. Every man has a right to worship the Supreme Being in the manner he thinks proper. 31

The “every man” protections mentioned not only by Jefferson and Spaight but by so many other framers would include protections for those chaplains who wish to offer prayers in whatever manner they may choose.

The historical evidence is clear: those who oppose legislative chaplaincies (paid or unpaid), or who decry sectarian public prayers, lack any broad historical basis for their arguments. Such opposition certainly cannot be justified in the name the Founding Fathers.


NOTES

1 Reports of Committees of the House of Representatives Made During the First Session of the Thirty-Third Congress (Washington: A. O. P. Nicholson, 1854).
2 Id.
3 The Reports of the Committees of the Senate of the United States for the Second Session of the Thirty-Second Congress, 1852-53 (Washington: Robert Armstrong, 1853).
4 Zorach v. Clauson, 343 U. S. 306, 312-314 (1952).
5 Letter of Thomas Jefferson to Bishop Carroll on September 3, 1801 (in the Library of Congress, #19966).
6American State Papers, Walter Lowrie and Matthew St. Claire Clarke, editors (Washington, D. C.: Gales and Seaton, 1832), Vol. IV, p. 687; see also Wallace v. Jaffree, 472 U. S. 38, at 103 (1985), Rehnquist, J. (dissenting); see also, The Public Statutes at Large of the United States of America, Richard Peters, editor (Boston: Charles C. Little and James Brown, 1846), Vol. VII, p. 79, Article III, “A Treaty Between the United States and the Kaskaskia Tribe of Indians,” December 23, 1803; Vol. VII, p. 88, Article IV, “Treaty with the Wyandots, etc.,” 1805; Vol. VII, p. 102, Article II, “Treaty with the Cherokees,” 1806.
7 Debates and Proceedings of the Congress of the United States (Washington: Gales and Seaton, 1853), Sixth Congress, p. 797, December 4, 1800.
8 See the records recently reprinted by James Hutson, Chief of the Manuscript Division of the Library of Congress. Religion and the Founding of the American Republic (Washington, D. C.: Library of Congress, 1998), p. 84.
9 Id. at 89.
10 Id. at 89; see also John Quincy Adams, Memoirs of John Quincy Adams, Charles Francis Adams, editor (Philadelphia: J. B. Lippincott & Co., 1874), Vol. I, p. 265, October 23, 1803.
11 Thomas Jefferson, The Writings of Thomas Jefferson, Albert Bergh, editor (Washington, D. C: Thomas Jefferson Memorial Association, 1904), Vol. XV, p. 404, to Dr. Thomas Cooper on November 2, 1822.
12 Letter of Thomas Jefferson to the Nuns of the Order of St. Ursula at New Orleans on May 15, 1804, original in possession of the New Orleans Parish.
13 Thomas Jefferson, The Papers of Thomas Jefferson, Julian P. Boyd, editor (Princeton: Princeton University Press, 1950), Vol. I, pp. 494-497, from “Report on a Seal for the United States, with Related Papers,” August 20, 1776.

14For example, his presidential act of October 18, 1804, from an original document in our possession.

15 Jefferson, Writings (1904), Vol. XVI, p. 291, to Captain John Thomas on November 18, 1801.
16 Hutson (see n. 8) at p. 96, quoting from a handwritten history in possession of the Library of Congress, “Washington Parish, Washington City,” by Rev. Ethan Allen.
17 James Madison, The Papers of James Madison, William T. Hutchinson, editor (Illinois: University of Chicago Press, 1962), Vol. I, p. 66, to William Bradford on September 25, 1773.

18A Compilation of the Messages and Papers of the Presidents, James D. Richardson, compiler (Published by the Authority of Congress, 1899), Vol. I, p. 513 on July 9, 1812, pp. 532-533 on July 23, 1813, p. 558 on November 16, 1814, and pp. 560-561 on March 4, 1815.

19 Hutson (see n. 8) at p. 96. These were the actions of Madison while he was a public official; yet, late in his life (The William & Mary Quarterly, Third Series, October 1946, Vol. III, No. 4, Madison’s “Detached Memoranda,” edited by Elizabeth Fleet, pp. 534-568), he apparently retreated from many of these positions he long held. It may be that Mr. Pramenko only knows this latter part of Mr. Madison’s life.

20 Elias Boudinot, The Life, Public Service, Addresses, and Letters of Elias Boudinot, LL.D., President of the Continental Congress, J. J. Boudinot, editor (Boston: Houghton, Mifflin & Co., 1896), Vol. I, p. 21, to the First Provincial Congress of New Jersey.

21 James Madison, The Papers of James Madison, Henry D. Gilpin, editor (Washington: Langtree & O’Sullivan, 1840), Vol. II, p. 985, June 28, 1787.

22 Independent Chronicle (Boston), November 2, 1780, last page; see also Abram English Brown, John Hancock, His Book (Boston: Lee and Shepard, 1898), p. 269.

23 The Speeches of the Different Governors to the Legislature of the State of New York, Commencing with those of George Clinton and Continued Down to the Present Time (Albany: J. B. Van Steenbergh, 1825), p. 66, Governor John Jay on November 4, 1800.

24 William Jay, The Life of John Jay: With Selections From His Correspondence and Miscellaneous Papers (New York: J. & J. Harper, 1833), Vol. I, pp. 457-458, to the Committee of the Corporation of the City of New York on June 29, 1826.

25Henry Laurens, The Papers of Henry Laurens, George C. Rogers Jr. and David R. Chestnutt, editors (Columbia: University of South Carolina Press, 1988), Vol. XI, p. 200, in a letter to Oliver Hart and Elharon Winchester on March 30, 1776.

26 Charles C. Jones, Biographical Sketches of the Delegates from Georgia to the Continental Congress (Boston: Houghton, Mifflin, and Company, 1891), pp. 6-7.

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

28 John Witherspoon, The Works of John Witherspoon (Edinburgh: J. Ogle, 1815), Vol. IV, p. 270, from his “Sermon Delivered at Public Thanksgiving After Peace.”

29 Benjamin Rush, Essays, Literary, Moral and Philosophical (Philadelphia: Thomas and Samuel F. Bradford, 1798), p. 8, “Of the Mode of Education Proper in a Republic.”

30 Benjamin Rush, Letters of Benjamin Rush, L. H. Butterfield, editor (Princeton: American Philosophical Society, 1951), Vol. I, p. 474, to Elias Boudinot on July 9, 1788.

31 The Debates in the Several State Conventions on the Adoption of the Federal Constitution, Jonathan Elliot, editor (Washington, D. C.: Jonathan Elliot, 1836), Vol. IV, p. 208, Richard Dobbs Spaight, July 30, 1788.

Thomas Jefferson and Sally Hemings: The Search for Truth

Founding Father Thomas Jefferson has had a significant impact on America, American government, and American culture. His words have helped shape policies on everything from the relationship between church and state to the scope and limits of the federal government. Yet, notwithstanding this extensive influence, a cloud hangs over Jefferson’s reputation–his alleged affair with Sally Hemings.

Sally Hemings was a young slave girl who served Jefferson’s eldest daughter, Martha, at the Jefferson home, Monticello. When Jefferson was sent as an American diplomat to Paris in 1787, he took with him his youngest daughter, nine year-old Polly, and the thirteen year-old Sally Hemings as a companion for Polly. Critics charge that while in Paris, Jefferson began a sexual relationship with Hemings (nearly thirty years his younger) which produced some or all of her children (of which four lived).

These Jefferson-Hemings charges have been repeated for over two centuries and, despite the fact that many Jefferson scholars have long rejected these claims, today much of the nation accepts them as true. The projection of Jefferson’s allegedly tainted character is reinforced through media presentations such as CBS’s “Sally Hemings” and the feature movie, “Jefferson in Paris.” Yet, was Thomas Jefferson really guilty of the sexual misbehavior with which he has been charged? What is the evidence against him?

The evidence against Jefferson stems from three primary sources:

  • The recent DNA testing which was reputed to provide proof that Jefferson fathered at least one of Hemings’s children.
  • Oral tradition, the strongest of which comes from Thomas Woodson. Two centuries ago, Woodson claimed (and others repeated) that Sally Hemings was his mother and Jefferson his father, and it was thus speculated that Sally had named the child “Thomas” because he had been fathered by Jefferson.
  • The published newspaper reports from Jefferson’s day charging him with fathering Hemings’s children.

On its face, such evidence against Jefferson appears almost conclusive. Yet, if the evidence is as unequivocal and overwhelming as the critics make it seem, why, then, have most of the prize-winning Jefferson historians long rejected the charges leveled against him? On what basis do they reach their conclusions in the face of such apparently incriminating evidence? What is the truth?

Three legal principles should guide the search for truth.

  • First, an individual is innocent until proven guilty.
  • Second, there must be opportunity for cross-examination so that the other side of the story may be offered. (According to the following proverb, presenting the other side of a story is vital: “He who states his case first seems right until his rival comes and cross-examines him.” PROVERBS 18:17 AMPLIFIED BIBLE; “Any story sounds true until someone tells the other side and sets the record straight.” PROVERBS 18:17 LIVING BIBLE)
  • Third, guilt must be based on a preponderance of the evidence–that is, after hearing all of the evidence, there should be no reasonable doubt that the accused individual is guilty of the charge. If a different view can be presented which raises a legitimate doubt and offers a rational alternative explanation, then the individual cannot be presumed to be guilty of the charges leveled against him.

Using these guidelines, examine the three sources of evidence against Jefferson. Consider first the most recent evidence–the scientific testing.

In late 1998, the prestigious scientific journal Nature announced that it had conducted DNA testings which proved that Thomas Jefferson had fathered a child with Sally Hemings. According to Nature:

Almost two hundred years ago, Thomas Jefferson was alleged to have fathered children by his slave Sally Hemings. The charges have remained controversial. Now, DNA analysis confirms that Jefferson was indeed the father of at least one of Hemings’ children.1

Following the release of this story, writers and columnists across the nation spread the report.2

In fact, within only a few days, Jefferson had become a sexual predator,3

and several reports made him into a child molester. 4

These authors, however, deliberately ignored the non-paternity results of the DNA testing. In fact, the original Nature article had reported that Thomas Woodson–the child that oral traditions claim was born of Sally when she was fifteen or so–the child born shortly after her return from France–was not sired by Jefferson:

President Jefferson was accused of having fathered a child, Tom, by Sally Hemings. Tom was said to have been born in 1790, soon after Jefferson and Sally Hemings returned from France where he had been minister. Present-day members of the African-American Woodson family believe that Thomas Jefferson was the father of Thomas Woodson, whose name comes from his later owner. No known documents support this view. 5

This finding was significant, for it repudiated the strongest of the oral traditions against Jefferson that many long had accepted as fact. A few–but only a very few–even bothered to report this non-paternity aspect of the DNA findings.6

Nature, however, after exonerating Jefferson in the birth of Thomas Woodson, claimed that the DNA evidence proved that Eston Hemings–the youngest of Sally’s children–was fathered by Thomas Jefferson. It was this story which swept the nation.

Yet, only eight weeks after releasing this story, Nature issued a retraction, admitting, “The title assigned to our study was misleading.”7

Why? Because after proving that Jefferson had not fathered Woodson, it was revealed that their paternity conclusions about Jefferson fathering Eston were based on inaccurate and incomplete information, both scientifically and historically.

While the researchers did find Jefferson genes present in the descendants of Eston Hemings, the researchers could not say that they were the genes of Thomas Jefferson, for they had not tested the DNA of any of Thomas’ descendants. They tested only the genes of the descendants of Thomas’ uncle, Field Jefferson, and of his nephews, Samuel and Peter Carr! Significantly, there were twenty-six Jefferson males living in the central Virginia vicinity at that time. Quite simply, the researchers failed to eliminate the other lines. As one report accurately observed, “Experts have noted the total absence of accurate Jefferson ancestry charts in the study.”8

However, of the twenty-six Jefferson males living around Monticello, eighteen lived over one hundred miles away and seem unlikely suspects, therefore leaving eight remaining. Herbert Barger, the Jefferson family historian and genealogist who assisted in the original DNA study for Nature (and who strenuously objected to the conclusions published in the original story) explained:

My study indicates to me that Thomas Jefferson was not the father of Eston or any other Hemings child. The study indicates that Randolph [Thomas’ younger brother] is possibly the father of Eston and the others. Randolph, named for his maternal Randolph family, was a widower and between wives when, shortly after his wife’s death, Sally became pregnant with her first child. . . . She continued having children until 1808 when Eston was born. Randolph Jefferson would marry his second wife the next year, 1809. . . . [Significantly, t]hree of Sally Hemings’ children, Harriet, Beverly and Eston (the latter two not common names), were given names of the Randolph family.9

Interestingly, in its retraction even Nature ruefully conceded:

It is true that men of Randolph Jefferson’s family could have fathered Sally Hemings’ later children. 10

Although Nature’s retraction and modification of its initial announcement was far more significant than its release, the retraction received little notice. The result is that the reputation of Jefferson has been permanently tarnished by “scientific evidence” which actually did not prove that Thomas Jefferson fathered any illegitimate child. But, as the Wall Street Journal noted, “Of course, the backtracking comes a little late to change the hundreds of other headlines fingering Jefferson.”11

The effect has been unfortunate, for as one reporter who covered the DNA story accurately noted, “Defective scholarship is difficult to recall.” 12

Yet, the contemporary “scientific” testing was only investigating the published charges made against Jefferson two centuries ago–the third and remaining source of evidence against Jefferson. Those charges originated in newspaper articles written from 1801-1803 by Scottish emigrant James T. Callender.

James T. Callender (1758-1803) first came to attention in 1792 in Scotland when he authored The Political Progress of Great Britain. That work, highly critical of the British government, led to his indictment for sedition. After being “oftimes called in court, he did not appear and was pronounced a fugitive and an outlaw.”13

Following that pronouncement, Callender, with his family of young children, fled to America for refuge and arrived here in 1793, having no prospect of a job or means of support. Many American patriots, learning of Callender’s plight, embraced him as a man suffering British persecution; and many, including Jefferson, personally provided charitable contributions to help relieve Callender.

In 1796, after three years in America, Callender found a job with an Anti-Federalist (pro-Jefferson) newspaper in Philadelphia. Promising his readers “a tornado as no government ever got before,”14

Callender resumed his defamatory writing style which had landed him in trouble in Great Britain, only this time it was against prominent Federalist Americans like Alexander Hamilton.

Fearing legal punishment as a result of his writings, in 1799 Callender fled Philadelphia and went to Richmond, Virginia. He took a job with another newspaper where he continued his attacks on the Federalists. (By attacking the Federalists, Callender considered himself as the mouthpiece for Jefferson’s Anti-Federalist party and believed that he was rendering it a valuable service.) Because of his vicious writings, in 1800, Callender was tried under the federal Sedition Law, fined $200, and imprisoned for nine months. Yet he did not relent; while in prison he authored two more attack pieces.

Throughout this period, Callender wrote Jefferson several letters–most of which Jefferson declined to answer or even acknowledge. In fact, because of Jefferson’s lack of response, Callender once told James Madison that he “might as well addressed a letter to Lot’s wife.”15

While Jefferson generally avoided direct contact with Callender, he continued his occasional charitable gifts for the support of Callender’s young children.

When Jefferson became President in 1801, he declared the Sedition Law to be unconstitutional and pardoned those who had been imprisoned under it–including Callender. Jefferson also ordered the $200 fine to be returned to Callender by the same Federalist sheriff who had collected it. That sheriff, however, refused, and even ignored direct orders from Secretary of State James Madison
to refund the fine. Callender, unaware of the difficulty with the sheriff regarding the return of his fine, wrongly thought that Jefferson was personally at fault and became irritated with the delay.

Believing that Jefferson’s party owed him something for all of his “service” in their behalf, Callender demanded a presidential appointment as the U. S. Postmaster for Richmond–a post which both President Jefferson and Secretary of State James Madison properly refused him.

Obtaining neither the postal appointment nor his $200, Callender became enraged against Jefferson. After complaining, “Mr. Jefferson has not returned one shilling of my fine. I now begin to know what ingratitude is,” 16

he issued an ominous warning- that he was no man “to be oppressed or plundered with impunity.”17

The disgruntled Callender, who had previously written only for Anti-Federalist newspapers, sought a job with a Federalist newspaper in Richmond highly critical of President Jefferson.

Callender there proceeded to launch a series of virulent attacks against Jefferson in articles written throughout 1801, 1802, and 1803. He accused Jefferson, among other things, of “dishonesty, cowardice, and gross personal immorality,”18

and even charged Jefferson with fathering several children by Sally Hemings.

Callender died less than a year after publishing his charges against Jefferson, and during that time Callender was constantly intoxicated. In fact, after threatening suicide on several occasions, he eventually drowned in three feet of water in the James River (a coroner’s jury ruled his death accidental, due to intoxication). Significantly, however, before his death, Callender acknowledged that his attacks against Jefferson had been motivated by his belief that Jefferson had refused to repay his $200 fine.19

Even though Jefferson could have taken the libelous Callender to court, he refused to lower himself to that level. Instead, he turned him over to the Judge of the Universe to whom he would eventually answer. As Jefferson explained:

I know that I might have filled the courts of the United States with actions for these slanders, and have ruined perhaps many persons who are not innocent. But this would be no equivalent to the loss of [my own] character [by retaliating against them]. I leave them, therefore, to the reproof of their own consciences. If these do not condemn them, there will yet come a day when the false witness will meet a Judge who has not slept over his slanders.20

He later told Abigail Adams that he did not fear a blemish on his reputation from Callender’s charges because, as he explained:

I am not afraid to appeal to the nation at large, to posterity, and still less to that Being Who sees Himself our motives, Who will judge us from His own knowledge of them. 21

Confident of his own innocence, and confident that God knew the truth, Jefferson was not afraid to appeal to God as his judge regarding the veracity of Callender’s charges.

Not surprisingly, then, given the scurrilous motives behind Callender’s publications of his accusations against Jefferson, and with such a proven record of inaccuracies, eminent historians both then and now have dismissed Callender’s charges as frivolous. For example, Pulitzer Prize-winning historian James Truslow Adams said that:

Almost every scandalous story about Jefferson which is still whispered or believed can be traced to the lies in Callender’s [writings].22

Others, including Merrill Peterson, Professor of History at the University of Virginia, hold the same opinion.23

John C. Miller, a Stanford University historian, describes Callender as “the most unscrupulous scandalmonger of the day . . . a journalist who stopped at nothing and stooped to anything.”24

He explains:

Callender made his charges against Jefferson without fear and without research. He had never visited Monticello; he had never spoken to Sally Hemings; he had never made the slightest effort to verify the “facts” he so stridently proclaimed. It was “journalism” at its most reckless, wildly irresponsible, and scurrilous. Callender was not an investigative journalist; he never bothered to investigate anything. For him, the story, especially if it reeked of scandal, was everything; truth, if it stood in his way, was summarily mowed down.25

Pulitzer Prize-winning historian Dumas Malone, after describing Callender as “one of the most notorious scandalmongers and character assassins in American history,”26

accurately observed of Callender that “The evil that he did was not buried with him: some of it has lasted through the generations.”27

And even historian Benjamin Ellis Martin–a hardened and ardent nineteenth-century critic of Jefferson who therefore could easily have accepted Callender’s charges–found no basis for believing Callender’s claims. In fact, Martin described Callender as a writer who did “effective scavenger work” in “scandal, slanders, lies, libels, scurrility” and one who excelled in “blackguardism” (unprincipled, vile writing).28

Martin concluded:

I am unable to find one good word to speak of this man. . . . He was a journalistic janizary, his pen always for sale on any side, a hardened and habitual liar, a traitorous and truculent scoundrel; and the world went better when he sank out of sight beneath the waters of the James River. 29

Significantly, history has proved many of Callender’s charges in his articles. against Jefferson to be completely fallacious. In fact, the charges Callender similarly made against George Washington, John Adams, and James Madison were largely ignored by the citizens of that day. And Callender’s charges against Jefferson probably would have completely died away had it not been for three feminist writers (Fawn Brodie, Barbara Chase-Riboud, and Annette Gordon-Reed) who in recent years, citing Callender’s charges, have written books accusing Jefferson of an affair with Hemings. As eminent Jeffersonian historian Virginius Dabney observed, “Had it not been for Callender, recently revived charges to the same effect probably would never have come to national attention.”30

The conclusion of all of this is very simple: neither the movies shown about Jefferson on CBS and in the theaters, nor the recent “scientific” charges of Jefferson’s illicit paternity, nor the oral traditions of two centuries ago, nor the tabloid “journalism” of Jefferson’s day or of today, in any manner demonstrates–much less proves–that Thomas Jefferson had any illicit relationship with Sally Hemings. If Thomas Jefferson is guilty of the charges against him, it will take much better evidence to prove his guilt than what has been presented to date.

Since this article was written, the Jefferson-Hemings Scholars Commission released a 565 page report on the Thomas Jefferson and Sally Hemings controversy. The Executive Summary of that report states:

The question of whether Thomas Jefferson fathered one or more children by his slave Sally Hemings is an issue about which honorable people can and do disagree. After a careful review of all of the evidence, the commission agrees unanimously that the allegation is by no means proven; and we find it regrettable that public confusion about the 1998 DNA testing and other evidence has misled many people. With the exception of one member, whose views are set forth both below and in his more detailed appended dissent, our individual conclusions range from serious skepticism about the charge to a conviction that it is almost certainly false.

The Jefferson-Hemings Scholars Commission was made up of eminent historians and scholars; they released their report on April 12, 2001.


Endnotes

1. Eric S. Lander and Joseph J. Ellis, “Founding Father,” Nature, November 5, 1998.

2. Dinitia Smith and Nicholas Wade, “DNA Tests Offer Evidence that Jefferson Fathered A Child With His Slave,” New York Times on the Web, November 1, 1998; see also Barbra Murray and Brian Duffy, “Jefferson’s Secret Life,” U.S. News & World Report, November 9, 1998; see also Dennis Cauchon, “Jefferson Affair No Longer Rumor,” USA Today, November 2, 1998; see also Malcolm Ritter, “Was It Thomas Jefferson?” Buffalo News, November 1, 1998; see also Lucian K. Truscott, IV, “Time for Monticello to Open the Gate and Stop Making Excuses,” San Jose Mercury News, November 8, 1998; see also Donna Britt, “A Slaveholder’s Hypocrisy was Inevitable,” Washington Post, November 6, 1998.

3. Christopher Hitchens, “Jefferson-Clinton,” Nation, November 30, 1998.

4. Richard Cohen, “Grand Illusion,” Washington Post, December 13, 1998; see also Clarence Page, “New Disclosure Shows Two Thomas Jeffersons,” Chicago Tribune, November 5, 1998; see also Dinitia Smith and Nicholas Wade, “DNA Tests Offer Evidence that Jefferson Fathered a Child With His Slave,” New York Times on the Web, November 1, 1998.

5. Dr. Eugene A Foster, et al, “Jefferson Fathered Slave’s Last Child,” Nature November 5, 1998.

6. Gene Edward Veith, “Founder’s DNA revisited,” World, February 20, 1999; see also Dinitia Smith and Nicholas Wade, “DNA
Tests Offer Evidence that Jefferson Fathered A Child With His Slave,” New York Times on the Web, November 1, 1998.

7. Dr. Eugene A Foster, et al, “The Thomas Jefferson Paternity Case,” Nature, January 7, 1999.

8. Press release by Jefferson family historian and genealogist, Herbert Barger, on January 2, 1999.

9. The Truth about the Thomas Jefferson DNA Study as told by Herbert Barger, Jefferson Family Historian, February 12, 1999.

10. Dr. Eugene A. Foster, et al, “The Thomas Jefferson paternity case,” Nature, January 7, 1999.

11. “Founding Fatherhood,” Wall Street Journal, February 26, 1999, sec. W, p. 15.

12. Gene Edward Veith, “Founder’s DNA revisited,” World, February 20, 1999.

13. Dictionary of American Biography, s.v. “Callender, James Thomson.”

14. Dumas Malone, Jefferson and the Ordeal of Liberty (Boston: Little, Brown and Company, 1962), p. 469 (Volume III of a six volume series Jefferson and His Time), in a letter from James Callender to Thomas Jefferson on November 19, 1798.

15. Dumas Malone, Jefferson the President, First Term, 1801-1805 (Boston: Little, Brown and Company, 1970), p. 209 (Volume IV of a six volume series Jefferson and His Time), in a letter from James Callender to James Madison on April 27, 1801 after Jefferson failed to respond to a Callender letter of April 12, 1801.

16. Id.

17. Id.

18. Dictionary of American Biography, s.v. “Callender, James Thomson.”

19.Malone, Jefferson the President, First Term, p. 208, quoting the Richmond Recorder, May 28, 1803.

20. Thomas Jefferson, Writings of Thomas Jefferson, Albert Ellery Bergh, editor (Washington, DC: Thomas Jefferson Memorial Association, 1904), Vol. X, p. 171, to Uriah McGregory on August 13, 1800.

21. Jefferson, Writings (1904), Vol. XI, p. 44, to Abigail Adams on July 22, 1804.

22. James Truslow Adams, The Living Jefferson (New York: Charles Scribner’s Sons, 1936), p. 315.

23. Virginus Dabney, The Jefferson Scandals: A Rebuttal (New York: Dodd, Mead, and Company, 1981), p. 15.

24. John Chester Miller, The Wolf by the Ears: Thomas Jefferson and Slavery (New York: The Free Press, 1977), p. 153.

25. Miller, p. 154.

26. Malone, Jefferson the President, First Term, p. 212.

27. Id.

28. Benjamin Ellis Martin, “Transition Period of the American Press,” Magazine of American History, Vol. XVII, No. 4, April 1887, published in Vol. XVII of Magazine of American History, Martha J. Lamb, editor (New York City: A. S. Barnes & Company, 1887), p. 285.

29. Martin, pp. 285-286.

30. Dabney, p. 6.

George Washington, Thomas Jefferson & Slavery in Virginia

It is ironic that two prominent Founding Fathers who owned slaves (Thomas Jefferson and George Washington) were both early, albeit unsuccessful, pioneers in the movement to end slavery in their State and in the nation. Both Washington and Jefferson were raised in Virginia, a geographic part of the country in which slavery had been an entrenched cultural institution. In fact, at the time of the Founders, the morality of slavery had rarely been questioned; and in the 150 years following the introduction of slavery into Virginia by Dutch traders in 1619, there had been few voices raised in objection. That began to change in 1765, for as a consequence of America’s examination of her own relationship with Great Britain, there arose for the first time a serious contemplation of the propriety of African slavery in America. As Founding Father John Jay explained, this was the period in which America’s attitude towards slavery began to change:

Prior to the great Revolution, the great majority . . . of our people had been so long accustomed to the practice and convenience of having slaves that very few among them even doubted the propriety and rectitude of it. 1

As the Colonists increasingly recognized that they themselves were slaves of the British Empire, and were experiencing the discomforting effects of such power exercised over them, their commiseration with those enslaved in America began to grow. As one early legal authority explained:

The American Revolution. . . . was undertaken for a principle, was fought upon principle, and the success of their arms was deemed by the Colonists as the triumph of the principle. That principle was. . . . an ardent love of personal liberty, and hence, the very declaration of their political liberty announced as a self-evident truth that all men were created free and equal. 2

Notwithstanding this emerging change in attitude, the response across America on how to end slavery differed widely according to geographical regions. As Thomas Jefferson explained:

Where the disease [slavery] is most deeply seated, there it will be slowest in eradication. In the northern States, it was merely superficial and easily corrected. In the southern, it is incorporated with the whole system and requires time, patience, and perseverance in the curative process. 3

As a middle colony, Virginia experienced the stress from the divergent pull of both northern and southern beliefs meeting in conflict in that State. Several northern States were moving rapidly toward ending slavery, while the deepest southern States of North Carolina, South Carolina, and Georgia largely refused even to consider such a possibility. 4Virginia contained strong proponents of both attitudes. While many Virginia leaders sought to end slavery in that State (George Mason, George Washington, Thomas Jefferson, Richard Henry Lee, etc.), they found a very cool reception toward their ideas from many of their fellow citizens as well as from the State Legislature. As explained by a southern abolitionist, part of the reason for the unfriendly reception to their proposals proceeded from the fact that:

Virginia alone in 1790 contained 293,427 slaves, more than seven times as many as [Vermont, Massachusetts, New Hampshire, Rhode Island, Connecticut, Pennsylvania, New York, and New Jersey] combined. Her productions were almost exclusively the result of slave labor. . . . The problem was one of no easy solution, how this “great evil,” as it was then called, was to be removed with safety to the master and benefit to the slave. 5

As Jefferson and Washington sought to liberalize the State’s slavery laws to make it easier to free slaves, the State Legislature went in exactly the opposite direction, passing laws making it more difficult to free slaves. (As one example, Washington was able to circumvent State laws by freeing his slaves in his will at his death in 1799; by the time of Jefferson’s death in 1826, State laws had so stiffened that it had become virtually impossible for Jefferson to use the same means.) What today have become the almost unknown views and forgotten efforts of both Washington and Jefferson to end slavery in their State and in the nation should be reviewed. Consider first the views of George Washington. Born in 1732, his life demonstrates how culturally entrenched slavery was in that day. Not only was Washington born into a world in which slavery was accepted, but he himself became a slave owner at the tender age of 11 when his father died, leaving him slaves as an inheritance. As other family members deceased, Washington inherited even more slaves. Growing up, then, from his earliest youth as a slave owner, it represented a radical change for Washington to try to overthrow the very system in which he had been raised. Washington astutely recognized that the same singular force would be either the great champion or the great obstacle to freeing Virginia’s slaves, and that force was the laws of his own State. Concerning the path Washington desired to see the State choose, he emphatically declared:

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]; but there is only one proper and effectual mode by which it can be accomplished, and that is by Legislative authority; and this, as far as my suffrage [vote and support] will go, shall never be wanting [lacking]. 6

As Washington had pledged, he did provide his support and leadership in efforts to end the slave trade. For example, on July 18, 1774, the committee which Washington chaired in his own Fairfax County passed the following act:

Resolved, that it is the opinion of this meeting that during our present difficulties and distress, no slaves ought to be imported into any of the British colonies on this continent; and we take this opportunity of declaring our most earnest wishes to see an entire stop for ever put to such a wicked, cruel, and unnatural trade. 7

Having developed this position, Washington maintained it throughout his life and reaffirmed it often. For example, when General Marquis de Lafayette decided to buy a plantation in French Guiana for the purpose of freeing its slaves and placing them on the estate as tenants, Washington wrote Lafayette:

Your late purchase of an estate in the colony of Cayenne, with a view of emancipating the slaves on it, is a generous and noble proof of your humanity. Would to God a like spirit would diffuse itself generally into the minds of the people of this country, but I despair of seeing it. Some petitions were presented to the [Virginia] Assembly at its last session for the abolition of slavery, but they could scarcely obtain a reading. 8

And to his nephew and private secretary, Lawrence Lewis, Washington wrote:

I wish from my soul that the legislature of this State could see the policy of a gradual abolition of slavery. 9

In addition to the slaves he inherited, Washington also bought some fifty slaves prior to the Revolution, although he apparently purchased none afterward, 10 for he had reached the decision that he would no longer participate in the slave trade, and would never again buy or sell a slave. As he explained:

I never mean . . . to possess another slave by purchase; it being among my first wishes to see some plan adopted by which slavery in this country may be abolished by slow, sure, and imperceptible degrees. 11

As the laws of Virginia did not permit him to emancipate his slaved (those laws will be reviewed later in this work), the only other means for him to dispose of the slaves he held was to sell them. And had Washington not become so opposed to selling slaves, he gladly would have used that means to end his ownership of all slaves. As he explained:

Were it not that I am principled against selling Negroes . . . I would not in twelve months from this date be possessed of one as a slave. 12

Interestingly, the personal circumstances faced by Washington provide decisive proof that his convictions were indeed genuine and not merely rhetorical. The quantity of slaves which he held was economically unprofitable for Mount Vernon †and caused a genuine hardship on the estate. As Washington explained:

It is demonstratively clear that on this Estate (Mount Vernon) I have more working Negroes by a full [half] than can be employed to any advantage in the farming system. 13

What, then, could Washington do to reduce his expenses and to increase profits? An obvious solution was to sell his “surplus” slaves. Washington could thereby readily accrue immediate and substantial income. As prize-winning historian James Truslow Adams correctly observed:

One good field hand was worth as much as a small city lot. By selling a single slave, Washington could have paid for two years all the taxes he so complained about. 14

Washington acknowledged the profit he could make by reducing the number of his slaves, declaring:

[H]alf the workers I keep on this estate would render me greater net profit than I now derive from the whole. 15

Yet, despite the vast economic benefits he could have reaped, Washington nevertheless adamantly refused to sell any slaves. As he explained:

To sell the overplus I cannot, because I am principled against this kind of traffic in the human species. To hire them out is almost as bad because they could not be disposed of in families to any advantage, and to disperse [break up] the families I have an aversion. 16

This stand by Washington was remarkable. In fact, refusing not only to sell slaves but also refusing to break up their families distinctly differentiates Washington from the culture around him and particularly from his State legislature. Virginia law, contrary to Washington’s personal policy, recognized neither slave marriages nor slave families. 17

Yet, not only did Washington refuse to sell slaves or to break up their families but he also felt a genuine responsibility to take care of the slaves he held until there was, according to his own words, a “plan adopted by which slavery in this country may be abolished.” One proof of his commitment to care for his slaves regardless of the cost to himself was his order that:

Negroes must be clothed and fed . . . whether anything is made or not. 18

Not only did George Washington commit himself to caring for his slaves and to seeking a legal remedy by which they might be freed in his State but he also took the leadership in doing so on the national level. In fact, the first federal racial civil rights law in America was passed on August 7, 1789, with the endorsing signature of President George Washington. That law, entitled “An Ordinance of the Territory of the United States Northwest of the River Ohio,” prohibited slavery in any new State that might seek to enter the Union. Consequently, slavery was prohibited in all the American territories held at the time; and it was because of this law, signed by President George Washington, that Ohio, Indiana, Illinois, Michigan, Minnesota, and Wisconsin all prohibited slavery. Despite the slow but steady progress made in many parts of the nation, especially in the North, the laws in Virginia were designed to discourage and prevent the emancipation of slaves. The loophole which finally allowed Washington to circumvent Virginia law was by emancipating his slaves on his death, which he did. Notice the following provisions from his will which embodied the two policies he had pursued during his life,the care and well-being of his slaves and their personal emancipation:

Upon the decease of my wife, it is my will and desire that all the slaves which I hold in my own right shall receive their freedom. -To emancipate them during her life would, though earnestly wished by me, be attended with such insuperable difficulties on account of their intermixture by marriages with the Dower [inherited] Negroes as to excite the most painful sensations, if not disagreeable consequences from the latter, while both descriptions are in the occupancy of the same proprietor; it not being in my power, under the tenure by which the Dower Negroes are held, to manumit [free] them. -And whereas among those who will receive freedom according to this devise, there may be some who from old age or bodily infirmities, and others who on account of their infancy, that will be unable to support themselves; it is my will and desire that all who come under the first and second description shall be comfortably clothed and fed by my heirs while they live; -and that such of the latter description as have no parents living, or if living are unable or unwilling to provide for them, shall be bound by the court until they shall arrive at the age of twenty five years; -and in cases where no record can be produced whereby their ages can be ascertained, the judgment of the court upon its own view of the subject, shall be adequate and final. -The Negroes thus bound are (by their masters or mistresses) to be taught to read and write and to be brought up to some useful occupation agreeably to the laws of the Commonwealth of Virginia providing for the support of orphan and other poor children. -And I do hereby expressly forbid the sale or transportation out of the said Commonwealth of any slave I may die possessed of, under any pretense whatsoever. -And I do moreover most pointedly and most solemnly enjoin it upon my executors hereafter named, or the survivors of them, to see that this clause respecting slaves and every part thereof be religiously fulfilled at the epoch at which it is directed to take place without evasion, neglect or delay, after the crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; -Seeing that a regular and permanent fund be established for their support so long as there are subjects requiring it, not trusting to the uncertain provision to be made by individuals. -And to my mulatto man, William (calling himself William Lee), I give immediate freedom; or if he should prefer it (on account of the accidents which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional to him to do so: In either case, however, I allow him an annuity of thirty dollars during his natural life, which shall be independent of the victuals and clothes he has been accustomed to receive, if he chooses the last alternative; but in full, with his freedom, if he prefers the first; -and this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revolutionary War. 19

Significantly, numerous incidents in George Washington’s life provide ample proof that he suffered from no racial bigotry. Those incidents include his approving a free black, Benjamin Banneker, as a surveyor to lay out the city of Washington, D. C., and his patronage of black poet Phillis Wheatley. In fact, after Phillis wrote a poem in 1775 praising General Washington, Washington made plans to publish the piece but then feared that the public would misunderstand his publication of a poem praising himself, believing it was a sign of his own vanity rather than as an intended tribute to Phillis. As Washington told her:

I thank you most sincerely for your polite notice of me in the elegant lines you enclosed; and however undeserving I may be of such encomium and panegyric [lofty praise], the style and manner exhibit a striking proof of your great poetical talents. In honor of which, and as a tribute justly due to you, I would have published the poem had I not been apprehensive that, while I only meant to give the world this new instance of your genius, I might have incurred the imputation of vanity. This, and nothing else, determined me not to give it place in the public prints. If you should ever come to Cambridge, or near Head Quarters, I shall be happy to see a person so favored by the muses and to whom nature has been so liberal and beneficent in her dispensations. 20

Additional proof of Washington’s lack of personal bigotry is provided by numerous black authors. One, for example, was Edward Johnson, a former slave and an abolitionist who was an author of textbooks for school children, particularly for young African-American students following the Civil War. Johnson provided the following anecdote:

Washington [was] out walking one day in company with some distinguished gentlemen, and during the walk he met an old colored man, who very politely tipped his hat and spoke to the General. Washington, in turn, took off his hat to the colored man; on seeing this, one of the company, in a jesting manner, inquired of the General if he usually took off his hat to Negroes. Whereupon Washington replied: “Politeness is cheap, and I never allow any one to be more polite to me than I to him.”21

Other anecdotes were provided by William C. Nell, a former slave who became an ardent abolitionist. Nell wrote numerous works on black history and against slavery preceding the Civil War, and in one of those works, he provided the following anecdote of Washington and Primus Hall:

Primus Hall. -Throughout the Revolutionary war, he [Primus Hall] was the body servant of Col. Pickering, of Massachusetts. He [Hall] was free and communicative, and delighted to sit down with an interested listener and pour out those stores of absorbing and exciting anecdotes with which his memory was stored.

It well known that there was no officer in the whole American army whose friendship was dearer to Washington, and whose counsel was more esteemed by him, than that of the honest and patriotic Col. Pickering. He was on intimate terms with him, and unbosomed himself to him with as little reserve as, perhaps, to any confidant in the army. Whenever he was stationed within such a distance as to admit of it, he [Washington] passed many hours with the Colonel, consulting him upon anticipated measures and delighting in his reciprocated friendship.

Washington was, therefore, often brought into contact with the servant of Col. Pickering, the departed Primus. An opportunity was afforded to the Negro to note him [Washington] under circumstances very different from those in which he is usually brought before the public and which possess, therefore, a striking charm. I remember [one] anecdote from the mouth of Primus. . . . so peculiar as to be replete with interest. The authenticity of . . . may be fully relied upon. . . .

[T]he great General was engaged in earnest consultation with Col. Pickering in his tent until after the night had fairly set in. Head-quarters were at a considerable distance, and Washington signified his preference to staying with the Colonel over night, provided he had a spare blanket and straw.

“Oh, yes,” said Primus, who was appealed to; “plenty of straw and blankets-plenty.” Upon this assurance, Washington continued his conference with the Colonel until it was time to retire to rest. Two humble beds were spread, side by side, in the tent, and the officers laid themselves down, while Primus seemed to be busy with duties that required his attention before he himself could sleep. He worked, or appeared to work, until the breathing of the prostrate gentlemen satisfied him that they were sleeping; and then, seating himself on a box or stool, he leaned his head on his hands to obtain such repose as so inconvenient a position would allow. In the middle of the night Washington awoke. He looked about and descried the Negro as he sat. He gazed at him awhile and then spoke.

“Primus!” said he, calling; “Primus!”

Primus started up and rubbed his eyes. “What, General?” said he.

Washington rose up in his bed. “Primus,” said he, “what did you mean by saying that you had blankets and straw enough? Here you have given up your blanket and straw to me that I may sleep comfortably while you are obliged to sit through the night.”

“It’s nothing, General,” said Primus. “It’s nothing. I’m well enough. Don’t trouble yourself about me, General, but go to sleep again. No matter about me. I sleep very good.”

“But it is matter-it is matter,” said Washington, earnestly. “I cannot do it, Primus. If either is to sit up, I will. But I think there is no need of either sitting up. The blanket is wide enough for two. Come and lie down here with me.”

“Oh, no, General!” said Primus, starting, and protesting against the proposition. “No; let me sit here. I’ll do very well on the stool.”

“I say, come and lie down here!” said Washington, authoritatively. “There is room for both, and I insist upon it!”

He threw open the blanket as he spoke and moved to one side of the straw. Primus professes to have been exceedingly shocked at the idea of lying under the same covering with the commander-in-chief, but his tone was so resolute and determined that he could not hesitate. He prepared himself, therefore, and laid himself down by Washington; and on the same straw, and under the same blanket, the General and the Negro servant slept until morning. 22

Nell also provided the following story entitled “A Tribute from the Emancipated, by Washington’s Freed Men” from the Alexandria, D.C. Gazette to illustrate the respect that Washington’s former slaves had for him:

Upon a recent visit to the tomb of Washington [at Mount Vernon], I was much gratified by the alterations and improvements around it. Eleven colored men were industriously employed in leveling the earth and turfing around the sepulcher. There was an earnest expression of feeling about them that induced me to inquire if they belonged to the respected lady of the mansion. They stated they were a few of the many slaves freed by George Washington, and they had offered their services upon this last melancholy occasion as the only return in their power to make to the remains of the man who had been more than a father to them; and they should continue their labors as long as anything should be pointed out for them to do. I was so interested in this conduct that I inquired their several names, and the following were given me: -Joseph Smith, Sambo Anderson, William Anderson his son, Berldey Clark, George Lear, Dick Jasper, Morris Jasper, Levi Richardson, Joe Richardson, Wm. Moss, Win. Hays, and Nancy Squander, cooking for the men. -Fairfax County, Va., Nov. 14, 1835. 23

Washington was truly one of the leaders in Virginia who sought to end slavery in that State (and the nation) and who worked to bring civil rights to all Americans, regardless of color. Jefferson, too, sought similar goals, but by living twenty-seven years longer than Washington, Jefferson faced additional hostile State laws which Washington had not. But before reviewing Jefferson’s words and actions regarding slavery, a brief review of the overall trend of the laws of Virginia on the subject are in order. In 1692, Virginia passed a law that placed an economic burden on any slave owner who released his slaves, thus discouraging owners from freeing their slaves. That law declared:

[N]o Negro or mulatto slave shall be set free, unless the emancipator pays for his transportation out of the country within six months. 24

(Subsequent laws imposed additional provisions that a slave could not be freed unless the slave owner guaranteed a security bond for the education, livelihood, and support of the freed slave in order to ensure that the former slave would not become a burden to the community or to the society. 25 Not only did such laws place extreme economic hardships on any slave owner who tried to free his slaves but they also provided stiff penalties for any slave owner who attempted to free slaves without abiding by these laws.) In 1723, a law was passed which forbid the emancipation of slaves under any circumstance-even by a last will and testament. The only exceptions were for cases of “meritorious service” by a slave, a determination to be made only by the State Governor and his Council on a case by case basis. 26 Needless to say, this law made the occasions for freeing slaves even more rare. In 1782, however, Virginia began to move in a new direction (for a short time) by passing a very liberal manumission law. As a result, “this restraint on the power of the master to emancipate his slave was removed, and since that time the master may emancipate by his last will or deed.” 27 (It was because of this law that George Washington was able to free his slaves in his last will and testament in 1799.) In 1806, unfortunately, the Virginia Legislature repealed much of that law, 28 and it became more difficult to emancipate slaves in a last will and testament:

It shall be lawful for any person, by his or her last will and testament, or by any other instrument in writing under his or her hand and seal . . . to emancipate and set free his or her slaves . . . Provided, also, that all slaves so emancipated, not being . . . of sound mind and body, or being above the age of forty-five years, or being males under the age of twenty one, or females under the age of eighteen years, shall respectively be supported and maintained by the person so liberating them, or by his or her estate. 29 (emphasis added)

That law even made it possible for a wife to reverse a portion of an emancipation made by her husband in his will:

And . . . a widow who shall, within one year from the death of her husband, declare in the manner prescribed by law that she will not take or accept the provision made for her . . . [is] entitled to one third part of the slaves whereof her husband died possessed, notwithstanding they may be emancipated by his will. 30

Furthermore, recall that Virginia law did not recognize slave families. Therefore, if a slave was freed, the law made it almost impossible for him to remain near his spouse, children, or his family members who had not been freed, for the law required that a freed slave promptly depart the State or else reenter slavery:

If any slave hereafter emancipated shall remain within this Commonwealth more than twelve months after his or her right to freedom shall have accrued, he or she shall forfeit all such right and may be apprehended and sold. 31

It was under difficult laws like these-under laws even more restrictive than those Washington had faced-that Jefferson was required to operate. Nevertheless, as a slave owner (he, like Washington, had inherited slaves), Jefferson maintained a consistent public opposition to slavery and assiduously labored to end slavery both in his State and in the nation. Jefferson’s efforts to end slavery were manifested years before the American Revolution. As he explained:

In 1769, I became a member of the legislature by the choice of the county in which I live [Albemarle County, Virginia], and so continued until it was closed by the Revolution. I made one effort in that body for the permission of the emancipation of slaves, which was rejected: and indeed, during the regal [crown] government, nothing [like this] could expect success. 32

Jefferson’s reference to the role of the British Crown in the continuance of slavery in Virginia is significant. Virginia, as a British colony, was subject to the laws of Great Britain, and those laws, executed by order of King George III, prevented every attempt to end slavery in America-or in any British colony. The specific law which the Crown invoked to strike down the attempts of the Colonies to free slaves had been passed in 1766 (three years before Jefferson’s election to office and his first efforts to end slavery), and declared:

[B]e it declared by the King’s most Excellent Majesty . . . that the said Colonies and plantations in America have been, are, and of right ought to be, subordinate unto and dependent upon the Imperial Crown and Parliament of Great Britain; and that the King’s Majesty . . . had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the Colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever. And be it further declared and enacted by the authority aforesaid that all resolution, votes, orders, and proceedings whereby the power and authority of the Parliament of Great Britain to make laws and statutes . . . is denied, or drawn into question, are, and are hereby declared to be, utterly null and void to all intents and purposes whatsoever. 33

This law gave to the Crown the unilateral and unambiguous power to strike down any and all American laws on any subject whatsoever. Significantly, prior to the American Revolution some of the Colonies had voted to end slavery in their State, but those State laws had been struck down by the King. 34 This inability of individual Colonies to abolish slavery, even when they wished to do so, had caused Thomas Jefferson to include in the Declaration of Independence a listing of this grievance as one of the reasons propelling America to separate from Great Britain:

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 which never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium [disgrace] of infidel powers, is the warfare of the Christian King of Great Britain. He has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain an execrable commerce [that is, he has opposed efforts to prohibit the slave trade], determined to keep open a market where men should be bought and sold. 35

Following America’s separation from Great Britain in 1776, individual States, for the first time in America’s history, were finally able to begin abolishing slavery. For example, Pennsylvania and Massachusetts abolished slavery in 1780, Connecticut and Rhode Island did so in 1784, Vermont in 1786, New Hampshire in 1792, New York in 1799, New Jersey in 1804, etc. Significantly, Thomas Jefferson helped end slavery in several States by his leadership on the Declaration of Independence, and he was also behind the first attempt to ban slavery in new territories. In 1784, as part of a committee of three, they introduced a law in the Continental Congress to ban slavery from the “western territory.” That proposal stated:

That after the year 1800 of the Christian era, there shall be neither slavery nor involuntary servitude in any of the said States, otherwise than in punishment of crimes, whereof the party shall have been duly convicted to have been personally guilty. 36

Unfortunately, that proposal fell one vote short of passage. Three years prior to that proposal, Jefferson had made known his feelings against slavery in his book, Notes on the State of Virginia (1781). That work, circulated widely across the nation, declared:

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. Our children see this and learn to imitate it; for man is an imitative animal. This quality is the germ of all education in him. From his cradle to his grave he is learning to do what he sees others do. If a parent could find no motive either in his philanthropy or his self-love for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child is present. But generally it is not sufficient. . . . The man must be a prodigy who can retain his manners and morals undepraved by such circumstances. And with what execration should the statesman be loaded who permits 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 for ever. . . . The Almighty has no attribute which can take side with us in such a contest. . . . [T]he way, I hone [is] preparing under the auspices of Heaven for a total emancipation. 37

Nearly twenty-five years later, Jefferson bemoaned that ending slavery had been a task even more difficult than he had imagined. In 1805, he lamented:

I have long since given up the expectation of any early provision for the extinguishment of slavery among us. [While] there are many virtuous men who would make any sacrifices to affect it, many equally virtuous persuade themselves either that the thing is not wrong or that it cannot be remedied. 38

Jefferson eventually recognized that slavery probably would never be ended during his lifetime. However, this did not keep him from continually encouraging others in their efforts to end slavery. For example, in 1814, he wrote Edward Coles:

Dear Sir, -Your favor of July 31 [a treatise opposing slavery] was duly received and was read with peculiar pleasure. The sentiments breathed through the whole do honor to both the head and heart of the writer. Mine on the subject of slavery of Negroes have long since been in possession of the public and time has only served to give them stronger root. The love of justice and the love of country plead equally the cause of these people, and it is a moral reproach to us that they should have pleaded it so long in vain. . . . From those of the former generation who were in the fullness of age when I came into public life, which was while our controversy with England was on paper only, I soon saw that nothing was to be hoped. Nursed and educated in the daily habit of seeing the degraded condition, both bodily and mental, of those unfortunate beings, not reflecting that that degradation was very much the work of themselves and their fathers, few minds have yet doubted but that they were as legitimate subjects of property as their horses and cattle. . . . In the first or second session of the Legislature after I became a member, I drew to this subject the attention of Col. Bland, one of the oldest, ablest, and most respected members, and he undertook to move for certain moderate extensions of the protection of the laws to these people. I seconded his motion, and, as a younger member, was more spared in the debate; but he was denounced as an enemy of his country and was treated with the grossest indecorum. From an early stage of our revolution, other and more distant duties were assigned to me so that from that time till my return from Europe in 1789, and I may say till I returned to reside at home in 1809, I had little opportunity of knowing the progress of public sentiment here on this subject. I had always hoped that the younger generation, receiving their early impressions after the flame of liberty had been kindled in every breast and had become as it were the vital spirit of every American, that the generous temperament of youth, analogous to the motion of their blood and above the suggestions of avarice, would have sympathized with oppression wherever found and proved their love of liberty beyond their own share of it. But my intercourse with them since my return has not been sufficient to ascertain that they had made towards this point the progress I had hoped. . . . Yet the hour of emancipation is advancing in the march of time. It will come, whether brought on by the generous energy of our own minds or by the bloody process. . . . This enterprise is for the young; for those who can follow it up and bear it through to its consummation. It shall have all my prayers, and these are the only weapons of an old man. . . . The laws do not permit us to turn them [the slaves] loose. . . . I hope then, my dear sir. . . . you will come forward in the public councils, become the missionary of this doctrine truly Christian; insinuate and inculcate it softly but steadily through the medium of writing and conversation; associate others in your labors, and when the phalanx [brigade or regiment] is formed, bring on and press the proposition perseveringly until its accomplishment. It is an encouraging observation that no good measure was ever proposed which, if duly pursued, failed to prevail in the end. . . . And you will be supported by the religious precept, “be not weary in well-doing” [Galatians 6:9]. That your success may be as speedy and complete, as it will be of honorable and immortal consolation to yourself, I shall as fervently and sincerely pray. 39

The next year, 1815, Jefferson wrote David Barrow:

The particular subject of the pamphlet [against slavery] you enclosed me was one of early and tender consideration with me, and had I continued in the councils [legislatures] of my own State, it should never have been out of sight. The only practicable plan I could ever devise is stated under the 14th Query of my Notes on Virginia, and it is still the one most sound in my judgment. . . . Some progress is sensibly made in it; yet not so much as I had hoped and expected. But it will yield in time to temperate and steady pursuit, to the enlargement of the human mind, and its advancement in science. We are not in a world ungoverned by the laws and the power of a superior agent. Our efforts are in His hand and directed by it; and He will give them their effect in His own time. Where the disease is most deeply seated, there it will be slowest in eradication. In the northern States, it was merely superficial and easily corrected. In the southern, it is incorporated with the whole system and requires time, patience, and perseverance in the curative process. That it may finally be effected and its progress hastened will be the last and fondest prayer of him who now salutes you with respect and consideration. 40

In 1820, Jefferson again reaffirmed his continuing opposition to slavery, declaring:

I can say, with conscious truth, that there is not a man on earth who would sacrifice more than I would to relieve us from this heavy reproach in any practicable way. The cession of that kind of property-for so it is misnamed is a bagatelle [possession] which would not cost me a second thought if, in that way, a general emancipation and expatriation could be effected; and gradually, and with due sacrifices, I think it might be. But as it is, we have the wolf by the ears, and we can neither hold him nor safely let him go. 41

Then less than a year before his death, Jefferson responded to a young enthusiast:

At the age of eighty-two, with one foot in the grave and the other uplifted to follow it, I do not permit myself to take part in any new enterprises, even for bettering the condition of man, no even in the great one which is the subject of your letter and which has been through life that of my greatest anxieties. The march of events has not been such as to render its completion practicable with the limits of time allotted to me; and I leave its accomplishment as the work of another generation. And I am cheered when I see that on which it is devolved, taking it up with so much good will and such minds engaged in its encouragement. The abolition of the evil is not impossible; it ought never therefore to be despaired of. Every plan should be adopted, every experiment tried, which may do something towards the ultimate object. 42

And just weeks before his death, Jefferson reiterated:

On the question of the lawfulness of slavery, that is of the right of one man to appropriate to himself the faculties of another without his consent, I certainly retain my early opinions. 43

Since the State laws on slavery had significantly stiffened between the death of George Washington and Thomas Jefferson twenty-seven years later (as Jefferson had observed in 1814, “the laws do not permit us to turn them loose” 44), Jefferson was unable to do what Washington had done in freeing his slaves. However, Jefferson had gone well above and beyond other slave owners in that era in that he actually paid his slaves for the vegetables they raised and for the meat they obtained while hunting and fishing. Additionally, he paid them for extra tasks they performed outside their normal working hours and even offered a revolutionary profit sharing plan for the products that his enslaved artisans produced in their shops. 45

As a final note on Jefferson’s personal views and actions, Jefferson had occasionally offered the view that blacks were an inferior race to whites. For example, in his Notes on the State of Virginia in which he had expressed his ardent desire for the emancipation of blacks, he also offered his opinion that:

Comparing them by their faculties of memory, reason, and imagination, it appears to me that in memory they are equal to the whites; in reason much inferior. 46 [T]he blacks . . . are inferior to the whites in the endowments both of body and mind. 47

Notwithstanding such opinions, Jefferson was willing to be proved wrong. In fact, when Henri Gregoire in Paris read Jefferson’s views on the intellectual capacity of blacks, he sent to Jefferson several examples of blacks for the purpose of disproving Jefferson’s thesis. Jefferson responded to him:

Be assured that no person living wishes more sincerely than I do to see a complete refutation of the doubts I have myself entertained and expressed on the grade of understanding allotted to them by nature and to find that in this respect they are on a par with ourselves. My doubts were the result of personal observation on the limited sphere of my own State, where the opportunities for the development of their genius were not favorable, and those of exercising it still less so. I expressed them therefore with great hesitation; but whatever be their degree of talent it is no measure of their rights. Because Sir Isaac Newton was superior to others in understanding, he was not therefore lord of the person or property of others. On this subject they are gaining daily in the opinions of nations, and hopeful advances are making towards their reestablishment on an equal footing with the other colors of the human family. I pray you therefore to accept my thanks for the many instances you have enabled me to observe of respectable intelligence in that race of men, which cannot fail to have effect in hastening the day of their relief. 48 (emphasis added)

And to Benjamin Banneker (a former slave distinguished for his scientific and mathematical talents, the publisher of an almanac, and one of the surveyors who laid out the city of Washington, D. C.), Jefferson wrote:

I thank you sincerely for your letter . . . and for the almanac it contained. Nobody wishes more than I do to see such proofs as you exhibit, that nature has given to our black brethren talents equal to those of the other colors of men. . . . I have taken the liberty of sending your almanac to Monsieur de Condorcet, Secretary of the Academy of Sciences at Paris, and member of the Philanthropic Society, because I considered it as a document to which your color had a right for their justification against the doubts which have been entertained of them. 49

When considering Jefferson’s views on the capacity of blacks (views apparently not stridently held), Jefferson’s actions to end slavery must be seen as even more remarkable. His efforts to achieve full freedom for a race he perhaps considered inferior indicate not only the sincerity of his belief that all men were indeed created equal but also his abiding conviction-expressed at the age of 77, only five years before his death-that “Nothing is more certainly written in the book of fate than that these people are to be free.” 50

While today both Washington and Jefferson are roundly condemned for owning slaves, it is nevertheless true that they both laid the first seeds for the abolition of slavery in the United States. One historian summarized their pioneer efforts in these words:

With the minds of thoughtful men thoroughly wakened on the subject of human rights [shortly before the American Revolution], it was impossible not to reflect on the wrongs of the slaves, incomparably worse than those against which their masters had taken up arms. As the political institutions of the young Federation were remolded, so grave a matter as slavery could not be ignored. Virginia in 1772 voted an address to the King remonstrating against the continuance of the African slave trade. The address was ignored, and Jefferson in the first draft of the Declaration alleged this as one of the wrongs suffered at the hands of the British government, but his colleagues suppressed the clause. In 1778, Virginia forbade the importation of slaves into her ports. The next year Jefferson proposed to the Legislature an elaborate plan for gradual emancipation, but it failed of consideration. Maryland followed Virginia in forbidding the importation of slaves from Africa. Virginia in 1782 passed a law by which manumission of slaves, which before had required special legislative permission, might be given at the will of the master. For the next ten years manumission went on at the rate of 8000 a year. . . . Jefferson planned nobly for the exclusion of slavery from the whole as yet unorganized domain of the nation a measure which would have belted the slave States with free territory, and so worked toward universal freedom. The sentiment of the time gave success to half his plan. His proposal in the ordinance of 1784 missed success in the Continental Congress by the vote of a single State. The principle was embodied in the ordinance of 1787. 51

Significantly it was the efforts of both Washington and Jefferson, and especially the documents which Jefferson had written, that were so heavily relied on by later abolitionists such as John Quincy Adams, Daniel Webster, and Abraham Lincoln in their efforts to end slavery. For example, John Quincy Adams, called the “Hell Hound of Abolition” for his extensive endeavors against that institution, regularly invoked the efforts of the Virginia patriots, particularly Jefferson, to justify his own crusade against slavery. In fact, in a speech in 1837, John Quincy Adams declared:

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 [Jefferson]. 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 [Great Britain] 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. 52

And Daniel Webster, whose efforts in the U. S. Senate to end slavery paralleled those of John Quincy Adams in the U. S. House, also invoked the efforts of Washington and Jefferson to bolster his own position that slavery must be ended. In fact, on January 29, 1845, Webster was one of three individuals who helped frame an “Address to the People of the United States’ promulgated by the Anti-Texas Convention. . . . [to] lift our public sentiment to a new platform of anti-slavery.” 53 Part of that address declared:

Soon after the adoption of the Constitution, it was declared by George Washington to be “among his first wishes to see some plan adopted by which slavery might be abolished by law;” and in various forms in public and private communications, he avowed his anxious desire that “a spirit of humanity,” prompting to “the emancipation of the slaves,” “might diffuse itself generally into the minds of the people;” and he gave the assurance, that “so far as his own suffrage would go,” his influence should not be wanting to accomplish this result. By his last will and testament he provided that “all his slaves should receive their freedom,” and, in terms significant of the deep solicitude he felt upon the subject, he “most pointedly and most solemnly enjoined” it upon his executors “to see that the clause respecting slaves, and every part thereof, be religiously fulfilled, without evasion, neglect, or delay.” No language can be more explicit, more emphatic, or more solemn, than that in which Thomas Jefferson, from the beginning to the end of his life, uniformly declared his opposition to slavery. “I tremble for my country,” said he, “when I reflect that God is just-that His justice cannot sleep forever.” * * “The Almighty has no attribute which can take side with us in such a contest.” In reference to the state of public feeling as influenced by the Revolution, he said, “I think a change already perceptible since the origin of the Revolution;” and to show his own view of the proper influence of the spirit of the Revolution upon slavery, he proposed the searching question: “Who can endure toil, famine, stripes, imprisonment, and death itself, in vindication of his own liberty, and the next moment be deaf to all those motives whose power supported him through his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose?” “We must wait,” he added, “with patience, the workings of an overruling Providence, and hope that that is preparing the deliverance of these our suffering brethren. When the measure of their tears shall be full-when their tears shall have involved Heaven itself in darkness, doubtless a God of justice will awaken to their distress, and by diffusing light and liberality among their oppressors, or at length, by his exterminating thunder, manifest his attention to things of this world, and that they be not left to the guidance of blind fatality!” Towards the close of his life, Mr. Jefferson made a renewed and final declaration of his opinion by writing thus to a friend: “My sentiments on the subject of the slavery of Negroes have long since been in possession of the public, and time has only served to give them stronger root. The love of justice and the love of country plead equally the cause of these people; and it is a moral reproach to us that they should have pleaded it so long in vain and should have produced not a single effort-nay, I fear, not much serious willingness to relieve them and ourselves from our present condition of moral and political reprobation.” 54

And Abraham Lincoln specifically invoked the words and efforts of Thomas Jefferson to justify his own crusade to end slavery and achieve civil rights and equality for blacks. For example, Lincoln invoked Jefferson to condemn the Kansas-Nebraska Act permitting territories that allowed slavery to become States in the Union:

Mr. Jefferson, the author of the Declaration of Independence, and otherwise a chief actor in the Revolution; then a delegate in Congress; afterwards twice President; who was, is, and perhaps will continue to be, the most distinguished politician of our history; a Virginian by birth and continued residence, and withal, a slave-holder; conceived the idea of taking that occasion to prevent slavery ever going into the northwestern territory. . . . and in the first Ordinance (which the acts of Congress were then called) for the government of the territory, provided that slavery should never be permitted therein. This is the famed ordinance of ‘87 so often spoken of. . . . Thus, with the author of the Declaration of Independence, the policy of prohibiting slavery in new territory originated. Thus, away back of the Constitution, in the pure, fresh, free breath of the Revolution, the State of Virginia and the national Congress put that policy in practice. Thus through sixty odd of the best years of the republic did that policy steadily work to its great and beneficent end. And thus, in those . . . States, and five millions of free, enterprising people, we have before us the rich fruits of this policy. But now new light breaks upon us. Now Congress declares this ought never to have been; and the like of it, must never be again. . . . We even find some men who drew their first breath, and every other breath of their lives, under this very restriction [against slavery], now live in dread of absolute suffocation if they should be restricted in the “sacred right” of taking slaves to Nebraska. That perfect liberty they sigh for-the “liberty” of making slaves of other people-Jefferson never thought of. 55

On other occasions, Lincoln quoted Jefferson’s words from the Declaration of Independence, pointing out that Jefferson had . . .

. . . established these great self-evident truths that when in the distant future some man, some faction, some interest, should set upon the doctrine that none but rich men, or none but white men, were entitled to life, liberty and the pursuit of happiness, their posterity might look up again to the Declaration of Independence and take courage to renew the battle which their fathers began. . . . Now, my countrymen, if you have been taught doctrines conflicting with the great landmarks of the Declaration of Independence; if you have listened to suggestions which would take away from its grandeur and mutilate the fair symmetry of its proportions; if you have been inclined to believe that all men are not created equal in those inalienable rights enumerated by our chart of liberty; let me entreat you to come back. . . . [C]ome back to the truths that are in the Declaration of Independence. 56

It is undebatable that the early efforts and words both of George Washington and of Thomas Jefferson provided one of the strongest platforms on which later generations of abolitionists, and some of their most notable orators, erected their arguments. While it is difficult for today’s critics of Washington and Jefferson to understand the culture of America two centuries ago, it is nevertheless true that both Washington and Jefferson were influential in slowly turning that culture in a direction which-generations later-eventually secured equal civil rights for all Americans, regardless of their color.


Endnotes

1 John Jay, The Correspondence and Public Papers of John Jay, Henry P. Johnston, editor (New York: G. P. Putnam’s Sons, 1891), Vol. III, p. 342, to the English Anti-Slavery Society in June 1788.

2 Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery in the United States of America, to Which is Prefixed an Historical Sketch of Slavery (Philadelphia: T. & J. W. Johnson & Co., 1858), Vol. I, p. 169).

3 Thomas Jefferson, The Works of Thomas Jefferson, Paul Leicester Ford, editor (New York and London: G. P. Putnam’s Sons, 1905), Vol. XI, pp. 470-471, to David Barrow on May 1, 1815.

4 Jefferson, The Writings of Thomas Jefferson, Albert Ellery Bergh, editor (Washington, D. C.: Thomas Jefferson Memorial Association, 1903), Vol. I, p. 28, from his Autobiography; see also James Madison, The Papers of James Madison (Washington: Langtree and O’Sullivan, 1840), Vol. 111, p. 1395, August 22, 1787; see also James Madison, The Writings of James Madison, GaiIlard Hunt, editor, (New York: G. P. Putnam’s Sons, 1910), Vol. IX, p. 2, to Robert Walsh on November 27, 1819.

5 Cobb, Vol. 1, p. 172.

6 George Washington, The Writings of George Washington, John C. Fitzpatrick, editor (Washington, D. C.: United States Government Printing Office, 1936), Vol. 38, p. 408, to Robert Morris on April 12, 1786.

7 George Washington, The Writings of George Washington, Jared Sparks (Boston: American Stationers’ Company, 1837), Vol. 11, p. 494.

8 Washington, Writings (1936), Vol. 28, p. 424, to Marquis de Lafayette on May 10, 1786.

9 Washington, Writings (1936), Vol. 36, p. 2, to Lawrence Lewis on August 4, 1797.

10 George Washington, The Diaries of George Washington, 1748-1799, John C. Fitzpatrick, editor (Boston: Houghton Mifflin Company, published for the Mount Vernon Ladies’ Association, 1925), Vol. I, p. 117 (on January 25, 1760, Washington sought to purchase a joiner, a bricklayer, and a gardener), p. 278 (on July 25, 1768, Washington purchased a bricklayer), and p. 383 (on June 11, 1770, Washington purchased two slaves). Additional information on the total number of slaves Washington urchased, and the dates of those purchases, was provided by research specialist Mary Thompson of Mt. Vernon.

11 Washington, Writings (1939), Vol. 29, p. 5, to John Francis Mercer on September 9, 1786.

12 Washington, Writings (1939), Vol. 34, p. 47, to Alexander Spotswood on November 23, 1794.

13 Washington, Writings (1940), Vol. 37, p. 338, to Robert Lewis on August 18, 1799.

14 James Thomas Flexner, George Washington: Anguish and Farewell, 1793-1799 (Boston: Little, Brown and Company, 1972), p. 342.

15 Washington, Writings (1940), Vol. 37, p. 338, to Robert Lewis on August 18, 1799.

16 Washington, Writings (1940), Vol. 37, p. 338, to Robert Lewis on August 18, 1799.

17 Mount Vernon, “George Washington and Slavery. Slave Census, 1996,” www.mountvernon.org/education/slavery/census.html.

18 Washington, Writings (1931), Vol. 111, p. 285, to Edward Montague on April 5, 1775.

19 George Washington, The Last Will and Testament of George Washington and Schedule of his Property to Which is Appended the Last Will and Testament of Martha Washington, John C. Fitzpatrick, editor (Washington, D. C.: The Mount Vernon Ladies’ Association of the Union, 1939), pp. 2-4.

20 Washington, Writings (1931), Vol. 4, pp. 360-361, to Phillis Wheatley on February 28, 1776.

21 Edward Johnson, A School History of the Negro Race in America, from 1619 to 1890, with a Short Introduction as to the Origin of the Race; Also a Short Sketch of Liberia (Raleigh: Edwards & Broughton, 1891), p. 68.

22 William C. Nell, Services of Colored Americans in the Wars of 1776 and 1812 (Boston: Robert F. Wallcut, 1852), pp. 39-40, taken from the Appendix, quoting Rev. Henry F. Harrington, “Anecdotes of Washington,” Godeys Ladys Book, June, 1849.

23 Nell, Services, p. 38.

24 W. O. Blake, The History of Slavery and the Slave Trade; Ancient and Modern. The Forms of Slavery that Prevailed in Ancient Nations, Particularly in Greece and Rome. The African Slave Trade and the Political History of Slavery in the United States (Ohio: J. & H. Miller, 1857), pp. 373-374.

25 Blake, The History of Slavery and the Slave Trade, p. 381.

26 George M. Stroud, A Sketch of the Laws Relating to Slavery in the Several States of the United States of America (Philadelphia: Henry Longstreth, 1856), pp. 236-237.

27 Stroud, A Sketch of the Laws Relating to Slavery, pp. 236-237.

28 Dumas Malone, Jefferson and His Time: Volume Six, The Sage of Monticello (Boston: Little Brown and Company, 1981), p. 319.

29 The Revised Code of the Laws of Virginia: Being A Collection of all Such Acts of the General Assembly, of a Public and Permanent Nature, as are Now in Force (Richmond: Printed by Thomas Ritcher, 1819), pp. 433-436.

30 The Revised Code of the Laws of Virginia, pp. 433-436.

31 The Revised Code of the Laws of Virginia, pp. 433-436; see also, Stroud, A Sketch of the Laws Relating to Slavery, pp. 236-237.

32 Jefferson, Writings (1903), Vol. I, p. 4, from his Autobiography.

33 Anno Regni Georgii III. Regis Magne Britanniæ, Franciæ, & Hiberniæ, Sexto (London: Printed by Mark Baskett, Printer to the King’s most Excellent Majesty; and by the assigns of Robert Baskett, 1766).

34 Benjamin Franklin, The Works of Benjamin Franklin, Jared Sparks, editor (Boston: Tappan, Whittemore, and Mason, 1839), Vol. VIII, p. 42, to the Rev. Dean Woodward on April 10, 1773.

35 Journals of the Continental Congress, 1774-1789 (Washington: Government Printing Office, 1906), Vol. V, 1776, June 5-October 8, p. 498, Jefferson’s draft of the Declaration of Independence.

36 Journals of the Continental Congress, Volume XXVI, pp. 118-119, Monday, March 1, 1784.

37 Thomas Jefferson, Notes on the State of Virginia (New York: M. L. & W. A. Davis, 1794, Second Edition), pp. 240-242, Query XVIII.

38 Jefferson, Works (1905), Vol. X, p. 126, to William A. Burwell on January 28, 1805.

39 Jefferson, Works (1905), Vol. XI, pp. 416-420, to Edward Coles on August 25, 1814.

40 Jefferson, Works (1905), Vol. XI, pp. 470-471, to David Barrow on May 1, 1815.

41 Jefferson, Works (1905), Vol. XII, pp. 158-159, to John Holmes on April 22, 1820.

42 Jefferson, Writings (1904), Vol. XVI, pp. 119-120, to Miss Frances Wright on August 7, 1825.

43 Jefferson, Writings (1904), Vol. XVI, pp. 162-163, to the Hon. Edward Everett on April 8, 1826.

44 The Constitutions of the Sixteen States (Boston: Manning and Loring, 1797), p. 249, Vermont, 1786, Article I, “Declaration of Rights.”

45 Information obtained from Monticello, at www.monticello.org/jefferson/plantation/dig.html.

46 Jefferson, Writings (1903), Vol. II, p. 194, from Query XIV of Notes on Virginia.

47 Jefferson, Writings (1903), Vol. II, p. 201, from Query XIV of Notes on Virginia.

48 Jefferson, Writings (1904), Vol. XII, p. 255, to M. Henri Gregoire on February 25, 1809; see also Vol. XII, p. 322, to Joel Barlow on October 8, 1809, wherein, speaking on the same subject, he declares, “It is impossible for doubt to have been more tenderly or hesitatingly expressed than that was in the Notes of Virginia, and nothing was or is farther from my intentions that to enlist myself as the champion of a fixes opinion where I have only expressed a doubt.”

49 Jefferson, Writings (1903), Vol. VIII, pp. 241-242, to Benjamin Banneker on August 30, 1791.

50 Jefferson, Writings (1903), Vol. I, p. 72, from Jefferson’s Autobiography.

51 George S. Merriam, The Negro and the Nation: A History of American Slavery and Enfranchisement (New York: Henry Holt and Company, 1906), pp. 8-10.

52 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 4, 1837 (Newburyport: Charles Whipple, 1837), p. 50

53 Daniel Webster, The Writings and Speeches of Daniel Webster Hitherto Uncollected (Boston: Little, Brown, & Company, 1903), Vol. 111, pp. 192-193, n., “Address on the Annexation of Texas,” January 29, 1845.

54 Daniel Webster, Writings . . . Hitherto Uncollected, Vol. III, pp. 204-205, “Address on the Annexation of Texas,” January 29, 1845.

55 Abraham Lincoln, The Collected Works of Abraham Lincoln, Roy P. Basler, editor (New Jersey: Rutgers University Press, 1953), Vol. II, pp. 250-251, from his speech at Peoria, Illinois, on October 16, 1854.

56 Lincoln, Works, Vol. II, p. 546, from his speech on August 17, 1858.

A Review of A&E’s “The Crossing”

The recent showing on the A&E Network of “The Crossing” has resulted in a flurry of questions being raised about the character and personal habits of Commander-in-Chief George Washington. Specifically, was he as profane with his language as portrayed in the film?

“The Crossing” was A&E’s movie version of Howard Fast’s book by the same name. Howard Fast, who has authored over seventy novels, describes his work as “American historiography”; that is, it is a combination of history and biography written in a novel form.

It is Washington’s dialogue in this movie which has raised the most questions. Yet, it is the dialogue which is its least historical portion; that is, there is no exact record of the conversations which occurred prior to and during the crossing. While there are soldier’s and staff’s remembrances of the topics and tones of the discussions and even of a few occasional phrases, there simply exists no historical records documenting the full conversations themselves. This portion of the historiography of the “the Crossing” makes it a novel. Interestingly, however, the George Washington in the movie “the Crossing” is much more profane than the George Washington in the book “The Crossing.” In fact, some of the profane words used in the movie are actually words of recent origin, having had no previous historical usage.

Nonetheless, accepting that the dialogue is the least accurate element of “The Crossing,” the question still remains, was the portrayal of George Washington as a leader given to verbal profanity an accurate historical portrayal? Fortunately, there is much available primary-source historical information (from both military documents and eye-witnesses of that time) which provides a clear and indisputable answer to this question: No, the use of profanity was not a part of the leadership style of George Washington. In fact, the records are clear that the opposite was true.

George Washington’s own personal aversion to profanity was first documented nearly thirty years before “The Crossing” of 1776. In 1746, Washington wrote out his famous “Rules of Civility.” His Rule 22 declared:

Use no reproachful language against any one, neither curse, nor revile.1

A decade later, and still nearly twenty years before “The Crossing,” Washington first documented his personal aversion to profanity in the
military. In 1756, during the French and Indian War as a young colonel commanding Virginian forces during that conflict, Washington told his superior, Lt. Gov. Robert Dinwiddie:

[T]his I am certain of, and can call my conscience and what, I suppose, will still be a more demonstrable proof in the eyes of the world, my orders, to witness how much I have–both by threats and persuasive means–endeavored to discountenance gaming, drinking, swearing, and irregularities of every other kind; while I have, on the other hand, practiced every artifice to inspire a laudable emulation in the officers for the service of their country and to encourage the soldiers in the unerring exercise of their duty. 2

Several weeks later, Washington issued the following order to his troops:

Colonel Washington has observed that the men of his regiment are very profane and reprobate. He takes this opportunity to inform them of his great displeasure at such practices and assures them that if they do not leave them off, they shall be severely punished. The officers are desired, if they hear any man swear or make use of an oath or execration, to order the offender twenty-five lashes immediately, without court-martial. For the second offense, he will be more severely punished.3

Washington’s firm opposition to profanity in the military never wavered, as evidenced by military orders he issued on several occasions throughout the American Revolution. For example:

The General most earnestly requires and expects a due observance of those articles of war established for the government of the army which forbid profane cursing, swearing and drunkenness; and in the like manner requires and expects of all officers and soldiers not engaged on actual duty, a punctual attendance on Divine Service to implore the blessings of Heaven upon the means used for our safety and defense. 4 GENERAL ORDERS, CAMBRIDGE, JULY 4, 1775

The General is sorry to be informed that the foolish and wicked practice of profane cursing and swearing (a vice heretofore little known in an American Army) is growing into fashion; he hopes the officers will, by example as well as influence, endeavor to check it, and that both they and the men will reflect that we can have little hopes of the blessing of heaven on our arms if we insult it by our impiety and folly; added to this, it is a vice so mean and low, without any temptation, that every man of sense and character detests and despises it.5 GENERAL ORDERS, NEW YORK, AUGUST 3, 1776

It is much to be lamented that the foolish and scandalous practice of profane swearing is exceedingly prevalent in the American Army. Officers of every rank are bound to discourage it, first by their example, and then by punishing offenders. As a mean to abolish this and every other species of immorality, Brigadiers are enjoined to take effectual care to have Divine Service duly performed in their respective brigades. 6 GENERAL ORDERS, MIDDLEBROOK, MAY 31, 1777

Purity of morals being the only sure foundation of public happiness in any country, and highly conducive to order, subordination, and success in an army, it will be well worthy the emulation of officers of every rank and class to encourage it both by the influence of example and the penalties of authority. It is painful to see many shameful instances of riot and licentiousness
among us; the wanton practice of swearing has risen to a most disgusting height. A regard to decency should
conspire with a sense of morality to banish a vice productive of neither advantage of pleasure. 7 GENERAL ORDERS, FREDERICKSBURG, OCTOBER 21, 1778

There is a clear and consistent message throughout his orders: General Washington did not tolerate the practice of swearing in the military. It is therefore reasonable to assume that he would have been a leader in propagating that which he so sternly opposed? Hardly. “The Crossing” has mis-portrayed this element of the character and nature of General Washington.

In fact, on only one occasion during the lengthy forty-year military career of General Washington was he accused of cursing or profanity. That occasion allegedly occurred during during the Battle of Monmouth in 1778 when General Charles Lee displayed gross cowardice in the face of the British and ordered the American troops under his command to retreat. The retreat became a general rout until General Washington arrived, rallied the troops, reformed the scattered bands, and attacked.

Washington, irritated with General Lee for direct disobedience to his orders, removed Lee from the control of any troops following an angry exchange with him on the field of battle. Some charge that this heated argument Washington swore at Lee. Lee later demanded an apology from Washington for the way he had been humiliated on the battle field, but Washington refused. Lee was afterwards court-martialed, found guilty, and given a twelve-month suspended sentence for disobedience to direct orders, misbehavior before the enemy, and disrespect to the Commander-in-Chief.

Interestingly, even W. E. Woodward, an early twentieth-century revisionist historian very critical of Washington, found no basis for believing that general Washington used profanity even on this occasion. Woodward explained:

The question as to whether Washington swore on this occasion has stirred the American nation for five generations. . . . Washington may have sworn in his heated interview with Lee, but it does not appear in the evidence; and I think it a very doubtful legend. The story of his swearing at Monmouth rests on the unofficial testimony of people given years after the occurrence, and in the form of loose reminiscences. . . . In the whole mass of testimony produced at the Lee court-martial, there is not one word about swearing. Much of this testimony was given by friends of Lee, and Lee himself presented a defense in writing in which he said that he endeavored to reproduce Washington’s words literally. At the court-martial he was Washington’s mortal enemy, and it seems that if Washington had given him a good cursing–which would have been a breach of military courtesy–Lee would have set down something about it in his paper. . . . Evidently he [Washington] repented quickly his loss of temper at Monmouth, for shortly after his altercation with Lee he turned to that general, who was still hanging around swollen with injured pride, and mildly directed him to take command of the rallied troops.8

Even historians harshest in their criticism of George Washington find little basis for believing that Washington swore, Yet, even if this one occasion is accepted, there still is absolutely no substantiation for the type of loose and flowing profanity which characterized Washington during “The Crossing.”

In fact, those who knew and served with Washington during his military career described him in the opposite terms. For example, General Henry Lee said of Washington that:

To his equals he was condescending, to his inferiors kind . . . [V]ice shuddered in his presence, and virtue always felt his fostering hand. The purity of his private character gave effulgence to his public virtues. 9

Similarly, David Ramsay, military surgeon during the Revolution, said of Washington that:

His private character, as well as his public one, will bear the strictest scrutiny. He. . . . carried the spirit of piety with him, both in his private life and public administration. 10

And General Alexander Hamilton confirmed the general character of Washington when, upon Washington’s death in 1799, he declared:

If virtues can secure happiness in another world, he [Washington] is happy. 11

While many of the military and historical facts, dates, names, and places portrayed in A&E’s “The Crossing” may be accurate and correct, the portrayal of the flawed moral character of the Commander-in-Chief is historically inaccurate.

Footnotes

1 Jared Sparks, The Life of George Washington (Boston: Ferdinand Andrews, 1839), p. 514.

2 George Washington, The Writings of George Washington, John C. Fitzpatrick, editor (Washington: U. S. Printing Office, 1931), Vol. I, p. 317, to Robert Dinwiddie on April 18, 1756.

3 George Washington, The Writings of George Washington, Jared Sparks, editor (Boston: Ferdinand Andrews, 1836), Vol. II, p. 167, n, from his “Orderly Book,” an undated order issued between June 25 and August 4, 1756.

4 Washington, Writings, Vol. III, p. 309, General Orders, Head Quarters, Cambridge, July 4, 1775.

5 Washington, Writings, Vol. V, p. 367, General Orders, Head Quarters, New York, August 3, 1776.

6 Washington, Writings, Vol. VIII, p. 152-53, General Orders, Head Quarters, Middle-Brook, May 31, 1777.

7 Washington, Writings, Vol. XIII, p. 118-19, General Orders, Head Quarters, Fredericksburg, October 21, 1778.

8 W. E. Woodward, George Washington, The Image and The Man, W. E. Woodward (New York: Boni and Liveright, 1926), pp. 352-353.

9 A Memory of Washington: Compromising a Sketch of his Life and Character; and the National Testimonials of Respect–Also a Collection of Eulogies and Orations (Newport, RI: Oliver Farnsworth, 1800), p. 99, from the eulogy on Washington by General Henry Lee, December 26, 1799.

10 E. C. M’Guire, Religious Opinions and Character of Washington (New York: Harper & Brothers, 1836), p. 362, from the eulogy on Washington by David Ramsay, on January 15, 1800.

11 Alexander Hamilton, The Works of Alexander Hamilton, John C. Hamilton, editor (New York: John F. Trow, 1851), Vol. VI, p. 415, to M. Leer on January 2, 1800.

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.

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.

Benjamin Rush Dream about John Adams and Thomas Jefferson

The Dream of Dr. Benjamin Rush & God’s Hand in Reconciling John Adams and Thomas Jefferson
One of the more bitter aspects of the retirement of John Adams from the presidency in 1800 was the fact that several of those with whom he had early co-labored during the Revolution had become his fervent adversaries. This was especially true in the case of Thomas Jefferson who, although serving closely with Adams during the Revolution, had become one of his chief enemies during President Washington’s administration. This feud not only deeply embittered Adams emotionally but it also troubled Dr. Rush, who was still a close friend of both Adams and Jefferson. In his concern over the relationship between these two, one night several months after Jefferson’s retirement from the Presidency in 1809, Dr. Rush had a dream about the two which he felt was important. On October 17, 1809, he wrote down an account of that dream and sent it to John Adams. In describing that dream, he related what he had seen:

“What book is that in your hands?” said I to my son Richard [who later became the Secretary of State under President James Monroe] a few nights ago in a dream. “It is the history of the United States,” said he. “Shall I read a page of it to you?” “No, no,” said I. “I believe in the truth of no history but in that which is contained in the Old and New Testaments.” “But, sir,” said my son, “this page relates to your friend Mr. Adams.” “Let me see it then,” said I. I read it with great pleasure and herewith send you a copy of it.

“1809. Among the most extraordinary events of this year was the renewal of the friendship and intercourse between Mr. John Adams and Mr. Jefferson, the two ex-Presidents of the United States. They met for the first time in the Congress of 1775. Their principles of liberty, their ardent attachment to their country. . . being exactly the same, they were strongly attracted to each other and became personal as well as political friends. . . . A difference of opinion upon the objects and issue of the French Revolution separated them during the years in which that great event interested and divided the American people. The predominance of the party which favored the French cause threw Mr. Adams out of the Chair of the United States in the year 1800 and placed Mr. Jefferson there in his stead. The former retired with resignation and dignity to his seat at Quincy, where he spent the evening of his life in literary and philosophical pursuits, surrounded by an amiable family and a few old and affectionate friends. The latter resigned the Chair of the United States in the year 1808, sick of the cares and disgusted with the intrigues of public life, and retired to his seat at Monticello, in Virginia, where he spent the remainder of his days in the cultivation of a large farm agreeably to the new system of husbandry. In the month of November 1809, Mr. Adams addressed a short letter to his friend Mr. Jefferson in which he congratulated him upon his escape to the shades of retirement and domestic happiness, and concluded it with assurances of his regard and good wishes for his welfare. This letter did great honor to Mr. Adams. It discovered a magnanimity known only to great minds. Mr. Jefferson replied to this letter and reciprocated expressions of regard and esteem. These letters were followed by a correspondence of several years in which they mutually reviewed the scenes of business in which they had been engaged, and candidly acknowledged to each other all the errors of opinion and conduct into which they had fallen during the time they filled the same station in the service of their country. Many precious aphorisms [truths], the result of observation, experience, and profound reflection, it is said, are contained in these letters. It is to be hoped the world will be favored with a sight of them. . . . These gentlemen sunk into the grave nearly at the same time, full of years and rich in the gratitude and praises of their country.”1

At the time this letter was written, Jefferson and Adams were still vehement opponents. None of what was described in this letter had begun to come to pass, nor did it seem likely that it ever would. Nevertheless, Adams received the dream from his dear friend with an open heart and candidly responded:

Your prophecy, my dear friend, has not become history as yet. I have no resentment of animosity against the gentleman [Jefferson] and abhor the idea of blackening his character or transmitting him in odious colors to posterity. But I write with difficulty and am afraid of diffusing myself in too many correspondences. If I should receive a letter from him, however, I should not fail to acknowledge and answer it.2 [To see the entire John Adams to Benjamin Rush letter click here.]

Shortly after this letter, Rush, who was also a dear friend of Jefferson, initiated a correspondence with Jefferson on the same topic, attempting to reconcile the two. Jefferson, too, listened to Rush with an open heart, and tentatively reached out to Adams with a gracious letter. Adams, as he had promised, did “not fail to acknowledge and answer the letter,” and thus began a cordial renewing of a warm and sincere friendship between the two.

In retrospect, the amazing accuracy and future fulfillment of several parts of Dr. Rush’s dream are absolutely astounding. As accurately described in his dream, Adams and Jefferson did again become close friends, and there did indeed follow the “correspondence of several years” described in the dream. Furthermore, the “world was favored with a sight of the letters” as entire volumes were eventually published which contained the letters written between those two in their latter years. Interestingly, seventeen years after his dream, they did “sink into the grave nearly at the same time” as the two men died within three hours of each other on the same day: July 4th, 1826 – the fiftieth anniversary of the Declaration of Independence! Finally, both expired “full of years and rich in the gratitude of praises of their country.” It would appear that Providence had indeed given this dream to Dr. Rush since, although extremely unlikely at the time, it all eventually came to pass. (For similar Providential involvement in dreams, see Genesis 41:25+ and Daniel 2:28+).

In 1812, some three years after Dr. Rush had related his amazing dream to John Adams, Dr. Rush gratifyingly noted that a reconciliation between the two had begun:

I rejoice in the correspondence which has taken place between you and your old friend, Mr. Jefferson. I consider you and him as the North and South Poles of the American Revolution. Some talked, some wrote, and some fought to promote and establish it, but you and Mr. Jefferson thought for us all. I never take a retrospect of the years 1775 and 1776 without associating your opinions and speeches and conversations with all great political, moral, and intellectual achievements of the Congresses of those memorable years. 3

Shortly after this letter, Dr. Rush wrote with similar excitement to Jefferson, also expressing to him his pleasure over the rekindled friendship:

In a letter which I received a few days ago from Mr. Adams, he informs me, with a kind of exultation, that after a correspondence of five or six and thirty years had been interrupted by various causes, it had been renewed, and that four letters had passed between you and him. In speaking of your letters, he says, “They are written with all the elegance, purity, and sweetness of style of his youth and middle age, and with (what I envy more) a firmness of finger and steadiness of chirography [handwriting] that to me are lost forever.” It will give me pleasure as long as I live to reflect that I [Dr. Rush] have been in any degree instrumental in effecting this reunion of two souls destined to be dear to each other and animated with the same dispositions to serve their country (though in different ways) at the expense of innumerable sacrifices of domestic ease, personal interest, and private friendships. Posterity will do you both justice for this act. If Mr. Adams’ letters to you are written in the same elevated and nervous style [at that time, the word “nervous” was defined as “possessing or manifesting vigor of mind; characterized by strength in sentiment or style”], both as to matter and language, that his letters are which he now and then addresses to me, I am sure you will be delighted with his correspondence. Some of his thoughts electrify me. I view him as a mountain with its head clear and reflecting the beams of the sun, while all below it is frost and snow. 4

On the death of Adams and Jefferson on the very same day, some 17 years after Benjamin Rush has seen that event in his dream, the Rev. Edward Everett (a U. S. Representative & Senator, Governor, Diplomat, Secretary of State, and President of Harvard) delivered an oration in remembrance of the two in which he noted the great impact on America of their dual influence, both before and after their reconciliation:

Having lived and acted and counseled and dared and risked all, and triumphed and enjoyed together, they have gone together to their great reward. . . . Forgetting the little that had divided them and cherishing the communion of service and peril and success which had united, they walked with honorable friendship the declining pathway of age; and now they have sunk down together in peace into the bosom of a redeemed and grateful country. . . . They were useful, honored, prosperous, and lovely in their lives, and in their deaths they were not divided. 5


Endnotes

1 L. H. Butterfield, editor (Princeton: The American Philosophical Society, 1951), Vol. II, pp. 1021-1022, to John Adams on October 17, 1809.

2 From a handwritten letter from John Adams to Benjamin Rush, dated from Quincy [Massachusetts], December 21, 1809, in possession of the author.

3 Benjamin Rush, Letters of Benjamin Rush, L. H. Butterfield, editor (Princeton: The American Philosophical Society, 1951), Vol. II, p. 1127, to John Adams on February 17, 1812.

4 Benjamin Rush, Letters of Benjamin Rush, L. H. Butterfield, editor (Princeton: The American Philosophical Society, 1951), Vol. II, pp. 1127-1128, to Thomas Jefferson on February [i.e., March] 3, 1812. Letter was actually received on March 19, 1812.

5 Edward Everett, An Address Delivered at Charlestown, August 1, 1826, in Commemoration of John Adams and Thomas Jefferson (Boston: William L. Lewis, 1826), pp. 8-9.

Five Judicial Myths

Talking Points About the Judiciary

Despite what we hear today . . .

1. THE JUDICIARY IS NOT A CO-EQUAL BRANCH OF GOVERNMENT

  • A. Federalist #51: “the legislative authority necessarily predominates.1
  • B. Federalist #78: “The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force nor will. . . . The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution. . . . [T]he judiciary is, beyond comparison, the weakest of the three departments of power. . . . [and] the general liberty of the people can never be endangered from that quarter.2
  • C. Congress determines the operation of the Judiciary, not vice versa (Congress sets the number of judges and courts; what issues may come before the courts; judges’ salary and compensation; how often the courts meet and the length of their sessions; and just as Congress can establish and set the number of lowers courts, so, too, can Congress also abolish them; etc.)
  • D. Robert Wright, officer in the Revolution, Maryland judge, early U. S. Senator: “[C]ongress can establish legislatively a court, and thereby create a judge; so they can legislatively abolish the court and eventually annihilate the officer…the inferior courts are creatures of the legislature, and that the creature must always be in the power of the creator – that he who createth can destroy.3
  • E. William Giles, member of the first federal Congress under the Constitution: “Is that [the Judiciary department] formed by the Constitution? It is not…It is only declared that there shall be such a department, and it is directed to be formed by the two other departments, who owe a responsibility to the people….The number of judges, the assignation of duties, the fixing of compensations, the fixing the times when, and the places where, the courts shall exercise the functions, &c., are left to the entire discretion of Congress. The spirit as well as the words of the Constitution are completely satisfied, provided one Supreme Court be established….Congress may postpone the sessions of the courts for eight or ten years, and establish others to whom they could transfer all the powers of the existing courts.4
  • F. As Rep. Steve King correctly explains, “Constitutionally, Congress can reduce the Supreme Court to nothing more than Chief Justice Roberts sitting at a card table with a candle” – a power that the Judiciary cannot reciprocally exercise over Congress.

2. THE JUDICIARY IS NOT TO BE AN INDEPENDENT BRANCH OF GOVERNMENT

  • A. John Dickinson, signer of the Constitution: “[W]hat innumerable acts of injustice may be committed – and how fatally may the principles of liberty be sapped – by a succession of judges utterly independent of the people?5
  • B. Thomas Jefferson: “It should be remembered as an axiom of eternal truth in politics that whatever power in any government is independent is absolute also; in theory only, at first, while the spirit of the people is up, but in practice as fast as that relaxes. Independence can be trusted nowhere but with the people in mass.6
  • C. Nathaniel Chipman, office in the Revolution, early Member of Congress, U. S. federal judge, Chief Justice of Vermont Supreme Court: “If the judges are made thus independent . . . they will become a dangerous body.7
  • D. Jonathan Mason, law student trained by John Adams and an early Member of Congress: “The independence of the judiciary so much desired will – if tolerated – soon become something like supremacy. They will, indeed, form the main pillar of this goodly fabric; they will soon become the only remaining pillar, and they will presently be so strong as to crush and absorb the others into their solid mass.8
  • E. Thomas Jefferson: “We think, in America, that it is necessary to introduce the people into every department of government. . . Were I called upon to decide whether the people had best be omitted in the legislative or judiciary department, I would say it is better to leave them out of the legislative. The execution of the laws is more important than the making them.9
  • F. Joseph Nicholson, early Member of Congress, successfully managed the impeachment of multiple early federal judges: “Give [judges] the powers and the independence now contended for and . . . your government becomes a despotism and they become your rulers. They are to decide upon the lives, the liberties, and the property of your citizens; they have an absolute veto upon your laws by declaring them null and void at pleasure; they are to introduce at will the laws of a foreign country…after being clothed with this arbitrary power, they are beyond the control of the nation. . . . If all this be true – if this doctrine be established in the extent which is now contended for – the Constitution is not worth the time we are now spending on it. It is – as it has been called by its enemies – mere parchment. For these judges, thus rendered omnipotent, may overleap the Constitution and trample on your laws.10

3. THE JUDICIARY IS NOT THE SOLE BRANCH CAPABLE OF DETERMINING CONSTITUTIONALITY

  • A. James Madison: “But the great objection . . . is that the Legislature itself has no right to expound the Constitution – that wherever its meaning is doubtful, you must leave it to take its course until the Judiciary is called upon the declare its meaning. . . . I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits.11
  • B. Elbridge Gerry, signer of the Declaration and a framer of the Bill of Rights: “It was quite foreign from the nature of [the judiciary’s] office to make them judges of the policy of public measures.12
  • C. Luther Martin, framer of the Constitution and Attorney General of Maryland: “A knowledge of mankind and of legislative affairs cannot be presumed to belong in a higher degree to the Judges than to the Legislature.13
  • D. John Randolph of Roanoke: “[I]f you pass the law, the judges are to put their veto upon it by declaring it unconstitutional. Here is a new power of a dangerous and uncontrollable nature contended for…The power which has the right of passing – without appeal – on the validity of laws is your sovereign.14
  • E. Thomas Jefferson: “O]ur Constitution. . . . has given – according to this opinion – to one of [the three Branches] alone the right to prescribe rules for the government of the others – and to that one, too, which is unelected by and independent of the nation. . . . The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary which they may twist and shape into any form they please.15
  • F. Rufus King, signer of the Constitution, framer of the Bill of Rights: “The judges must interpret the laws; they ought not to be legislators.16
  • G. John Randolph of Roanoke: “The decision of a constitutional question must rest somewhere. Shall it be confided to men immediately responsible to the people – the Congress, or to those who are irresponsible…the judges?….[a]re we [Congress] not as deeply interested in the true exposition of the Constitution as the judges can be? With all the deference to their talents, is not Congress as capable of forming a correct opinion as they are? Are not its members acting under a responsibility to public opinion which can, and will, check their aberrations from duty?17
  • H. Thomas Jefferson: “[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.18
  • I. James Madison: “[R]efusing or not refusing to execute a law, to stamp it with its final character. . . . makes the Judiciary department paramount in fact to the Legislature, which was never intended and can never be proper.19
  • J. Federalist #81: “[T]here is not a syllable in the plan [the Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution.20
  • K. Thomas Jefferson: “You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions – a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. 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. . . . [A]nd their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective.21
  • L. President Andrew Jackson: “Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. . . . The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive.22
  • M. Abraham Lincoln: “I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court. . . . At the same time, the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made . . . the people will have ceased to be their own rulers, having . . . resigned their government into the hands of that eminent tribunal.23

4. FEDERAL JUDGES DO NOT HOLD LIFETIME APPOINTMENTS

  • A. The Constitution says that judges hold their office only during “good behavior” (Art. III, Sec. 1).
  • B. Federal judges may be removed by Congress for misbehavior, which, historically, did not include only criminal behavior but also other misbehavior.
  • C. Historically, federal judges have been removed from the bench by Congress for contradicting an order of Congress, for profanity, for rude treatment of witness in a courtroom, for drunkenness, for judicial high-handedness and a variety of other reasons.24
  • D. The Constitution provides six clauses on impeachment – the most often-mentioned subject in the Constitution.25
  • E. The Founding Fathers and early legal authorities were clear about the ground for impeachment:
    • 1. James Wilson, signer of the Constitution, original Justice on the U. S. Supreme Court: “[I]mpeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.26
    • 2. Justice Joseph Story, a “Father of American Jurisprudence” appointed to the Supreme Court by President James Madison: “The offenses to which the power of impeachment has been and is ordinarily applied as a remedy. . . . are aptly termed political offences, growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests.27
    • 3. John Marshall, Chief Justice of the U. S. Supreme Court: “[T]he present doctrine seems to be that a Judge giving a legal opinion contrary to the opinion of the legislature is liable to impeachment.28
    • 4. George Mason, the “Father of the Bill of Rights”: “attempts to subvert the Constitution.29
    • 5. Alexander Hamilton: “the abuse or violation of some public trust. . . . [or for] injuries done immediately to the society itself.30
    • 6. George Mason, “Father of the Bill of Rights,” and Elbridge, signer of the Declaration and Framer of the Bill of Rights: “mal-administration.31
    • 7. William Rawle, legal authority and author of early constitutional commentary: “the inordinate extension of power, the influence of party and of prejudice32 as well as attempts to “infringe the rights of the people.33
    • 8. Justice Joseph Story, a “Father of American Jurisprudence” appointed to the Supreme Court by President James Madison: “unconstitutional opinions” and “attempts to subvert the fundamental laws and introduce arbitrary power.34
  • F. Federalist #65: “[T]he practice of impeachments [is] a bridle in the hands of the Legislative body.35
  • G. Justice James Iredell, a ratifier of the Constitution, placed on the Supreme Court by President Washington: “Every government requires it [impeachment]. Every man ought to be amenable for his conduct. . . . It will be not only the means of punishing misconduct but it will prevent misconduct. A man in public office who knows that there is no tribunal to punish him may be ready to deviate from his duty; but if he knows there is a tribunal for that purpose although he may be a man of no principle, the very terror of punishment will perhaps deter him.36

5. THE PURPOSE OF THE SUPREME COURT IS NOT TO PROTECT THE MINORITY FROM THE MAJORITY, AND CONGRESS IS A BETTER PROTECTOR OF MINORITY RIGHTS THAN IS THE JUDICIARY

  • A. George Washington: “[T]he fundamental principle of our Constitution… enjoins [requires] that the will of the majority shall prevail.37
  • B. Thomas Jefferson: “[T]he will of the majority [is] the natural law of every society [and] is the only sure guardian of the rights of man. Perhaps even this may sometimes err. But its errors are honest, solitary and short-lived.38
  • C. The Judiciary is now regularly anti-majoritarian.
  • D. The primary purpose of the Supreme Court is not to protect the minority from the majority.
  • E. The primary purpose of the Bill of Rights is not to protect the minority from the majority; the purpose of the Bill of Rights is to protect every citizen, whether in the minority or the majority, from the intrusion upon their rights by government.
  • F. Congress is a better guardian of the people and the minority than are the courts.
  • G. Federalist #51: “The members of the Legislative department . . . are numerous. They are distributed and dwell among the people at large. Their connections of blood, of friendship, and of acquaintance embrace a great proportion of the most influential part of the society. . . . they are more immediately the confidential guardians of their rights and liberties.39>
  • H. In 1875, Congress banned all segregation,40 but in 1882, the Supreme Court struck down that law.41 While the Court is often praised today for ending segregation in Brown v. Board of Education in 1954, what the Court actually did in that case was only to reverse its own position that had kept segregation alive 70 longer than Congress’ ban.
  • I. Thomas Jefferson: “When the Legislative or Executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them [the people] not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.42

Endnotes

1 James Madison, John Jay & Alexander Hamilton, The Federalist (Philadelphia: Benjamin Warner, 1818), 281.

2 James Madison, John Jay & Alexander Hamilton, The Federalist (Philadelphia: Benjamin Warner, 1818), 419-420.

3 The Debates and Proceedings in the Congress of the United States (Washington: Gales & Seaton, 1851), 7th Cong., 1st Session, 114, January 15, 1802.

4 Debates and Proceedings (1851), 7th Cong., 1st Sess., 585-586, 593, February 18, 1802.

5 John Dickinsonn, Leters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies (New York: The Outlook Company, 1903), 92, Letter IX.

6 The Writings of Thomas Jefferson, ed. Andrew A. Lipscomb (Washington DC: The Thomas Jefferson Memorial Association, 1904), XV:137, to Spencer Roane, September 6, 1819.

7 Debates and Proceedings (1851), 7th Cong., 1st Sess., 131, January 19, 1802.

8 Debates and Proceedings (1851), 7th Cong., 1st Sess., 63, January 13, 1802.

9 The Papers of Thomas Jefferson, ed. Julian P. Boyd (Princeton: Princeton University Press, 1958), 15:283, to the Abbe Arnoux, July 19, 1789.

10 Debates and Proceedings (1851), 7th Cong., 1st Sess., 823-824, February 27, 1802.

11 Debates and Proceedings ( 1834), 1st Cong., 1st Sess., 520, June 17, 1789.

12 The Papers of James Madison, ed. Henry D. Gilpin (Washington: Langtree & O’Sullivan, 1840), II:783, “Debates in the Federal Convention,” June 4, 1787.

13 Papers of James Madison, ed. Gilpin (1840), II:1166, “Debates in the Federal Convention,” July 21, 1787.

14 Debates and Proceedings (1851), 7th Cong., 1st Sess., 661, February 20, 1802.

15 Writings of Thomas Jefferson, ed. Lipscomb (1904), XV:213, to Spencer Roane, September 6, 1819.

16 The Records of the Federal Convention of 1787, ed. Max Farrand (New Haven: Yale University Press, 1911), I:108, from Rufus King’s records of the Convention from Monday, June 4, 1787.

17 Debates and Proceedings (1851), 7th Cong., 1st Sess., 661, February 20, 1802.

18 Writings of Thomas Jefferson, ed. Lipscomb (1904), XI:51, to Mrs. John Adams, September 11, 1804.

19 James Madison, Letters and Other Writings of James Madison (New York: R. Worthington, 1884), 1:194, “Remarks on Mr. Jefferson’s Draught of a Constitution for Virginia,” October 1788.

20 James Madison, John Jay & Alexander Hamilton, The Federalist (Philadelphia: Benjamin Warner, 1818), 436.

21 Writings of Thomas Jefferson, ed. Andrew A. Lipscomb (Washington DC: The Thomas Jefferson Memorial Association, 1904), XV:277, to William Charles Jarvis, September 28, 1820.

22 James D. Richardson, A Compilation of the Messages and Papers of the Presidents (Published by Authority of Congress, 1899), III:1145, “Veto Message,” July 10, 1832.

23 The Works of Abraham Lincoln, ed. John H. Clifford (New York: The University Society Inc., 1908), V:142-143, “First Inaugural Address,” March 4, 1861.

24 Congressional Record (Washington: Government Printing Office, 1933), 76:4914-4916, Impeachment articles against Harold Louderback, district judge for northern California, February 24, 1933; Congressional Record ( 1905), XXXIX:1281-1283, Impeachment articles against Charles Swayne, district judge for northern Florida, Junary 24, 1905; Congressional Record (1912), XLVIII:9051-9053, Impeachment articles against Robert W. Archbald, third circuit judge, July 15, 1912; Congressional Record (Washington: Government Printing Office, 1926), LXVII:6585-6589, Impeachment articles against George W. English, district judge for eastern Illinois, March 30, 1926; Floyd Riddick, Procedure and Guidelines for Impeachment Trials in the United States Senate (Washington: Government Printing Office, 1974), 10-13.

25 See The Constitution of the United States of America, available online at https://www.archives.gov/national-archives-experience/charters/constitution.html; Impeachment is mentioned in the following clauses: Article I, Section 2 and Section 3, Article II, Section 2 and Section 4, Article III, Section 2.

26 The Works of the Honorable James Wilson, ed. Bird Wilson (Philadelphia: Bronson and Chauncey, 1804), II:166, “Of the Constitution of the United States and of Pennsylvania—of the Legislative Department.”

27 Joseph Story, Commentaries on the Constitution of the United States (Boston: Hilliard, Gray & Co, 1833), II:233-234, Sec. 762.

28 The Papers of John Marshall, ed. Charles F. Hobson (Chapel Hill, VA: The University of North Carolina Press, 1990), VI:347, to Samuel Chase, January 23, 1805.

29 The Papers of James Madison, ed. Henry D. Gilpin (Washington: Langtree & O’Sullivan, 1840), III:1528, “Debates in the Federal Convention, 1787.”

30 Madison, Jay & Hamilton, The Federalist (1818), 352.

31 Papers of James Madison, ed. Gilpin (1840), III:1528, “Debates in the Federal Convention, 1787.”

32 William Rawle, A View of the Constitution of the United States of America (Philadelphia: Philip H. Nicklin, 1829), 211.

33 Rawle, A View of the Constitution (1829), 210.

34 Joseph Story, Commentaries on the Constitution of the United States (Boston: Hilliard, Gray & Co, 1833), Vol. II, p. 268,

35 Madison, Jay & Hamilton, The Federalist (1818), p. 353,

36 The Debates in the Several State Conventions on the Adoption of the Federal Constitution, as Recommended by the General Convention at Philadelphia in 1787, Jonathan Elliot, editor (Washington: Printed for the Editor, 1836), IV:32, July 24, 1788.

37 Richardson, Messages and Papers of the Presidents (1899), I:156, from the “Sixth Annual Address” of November 19, 1794.

38 Papers of Thomas Jefferson, ed. Boyd (1961), XVI:179, “Response to the Citizens of Albermarle,” February 12, 1790.

39 Madison, Jay & Hamilton, The Federalist (1818), p. 275.

40 The Statutes at Large (Washington: Government Printing Office, 1875), XVIII:3:335-337, “An Act to protect all citizens in their civil and legal rights,” March 1, 1875.

41 The Civil Rights Cases, 109 U.S. 3 (1883).

42 Writings of Thomas Jefferson, ed.. Lipscomb (1904), XV:278, to William Charles Jarvis, September 28, 1820.

The Founding Fathers on Creation and Evolution

David Barton 2008

While uninformed laymen erroneously believe the theory of evolution to be a product of Charles Darwin in his first major work of 1859 (The Origin of Species), the historical records are exceedingly clear that the evolution-creation-intelligent design debate was largely formulated well before the birth of Christ. Numerous famous writings have appeared on the topic for almost two thousand years; in fact, our Founding Fathers were well-acquainted with these writings and therefore the principle theories and teachings of evolution – as well as the science and philosophy both for and against that thesis – well before Darwin synthesized those centuries-old teachings in his writings.

Nobel-Prize winner Bertrand Russell (1872-1970) explains: “The general idea of evolution is very old; it is already to be found in Anaximander (sixth century B.C.). . . . [and] Descartes [1596-1650], Kant [1724-1804], and Laplace [1749-1827] had advocated a gradual origin for the solar system in place of sudden creation.”1 Professor Henry Fairfield Osborn (1857-1935), a zoologist and paleontologist, agrees, declaring that there are “ancient pedigrees for all that we are apt to consider modern. Evolution has reached its present fullness by slow additions in twenty-four centuries.”2 He continues, “Evolution as a natural explanation of the origin of the higher forms of life . . . developed from the teaching of Thales [624-546 B.C.] and Anaximander [610-546 B.C.] into those of Aristotle [384-322 B.C.]. . . . and it is startling to find him, over two thousand years ago, clearly stating, and then rejecting, the theory of the survival of the fittest as an explanation of the evolution of adaptive structures.”3 And British anthropologist Edward Clodd (1840-1930) similarly affirms that, “The pioneers of evolution – the first on record to doubt the truth of the theory of special creation, whether as the work of departmental gods or of one Supreme Deity, matters not – lived in Greece about the time already mentioned: six centuries before Christ.”4

For example, Anaximander (610-546 B.C.) introduced the theory of spontaneous generation; Diogenes (412-323 B.C.) introduced the concept of the primordial slime; Empedocles (495-455 B.C.) introduced the theory of the survival of the fittest and of natural selection; Deomocritus (460-370 B.C.) advocated the mutability and adaptation of species; the writings of Lucretius (99-55 B.C.) announced that all life sprang from “mother earth” rather than from any specific deity; Bruno (1548-1600) published works arguing against creation and for evolution in 1584-85; Leibnitz (1646-1716) taught the theory of intermedial species; Buffon (1707-1788) taught that man was a quadruped ascended from the apes, about which Helvetius also wrote in 1758; Swedenborg (1688-1772) advocated and wrote on the nebular hypothesis (the early “big bang”) in 1734, as did Kant in 1755; etc. It is a simple fact that countless works for (and against) evolution had been written for over two millennia prior to the drafting of our governing documents and that much of today’s current phraseology surrounding the evolution debate was familiar rhetoric at the time our documents were framed.

In fact, Dr. Henry Osborn (1857-1935), curator of the American Museum of Natural History in New York City, identifies four periods of evolution: I. Greek Evolution – 640 B.C. to 1600 A.D.; II. Modern Evolution – 1600-1800 A.D.; III. Modern Inductive Evolution – 1730-1850 A.D.; and IV. Modern Inductive Evolution – 1858 to the present.5 He describes the third period in the history of evolution – the period in which our Framers lived – as a period which produced the pro-evolution writings of “Linnaeus, Buffon, E[rasmus] Darwin, Lamarck, Goethe, Treviranus, Geof. St. Hilaire, St. Vincent, Is. St. Hilaire. Miscellaneous writers: Grant, Rafinesque, Virey, Dujardin, d’Halloy, Chevreul, Godron, Leidy, Unger, Carus, Lecoq, Schaafhausen, Wolff, Meckel, Von Baer, Serres, Herbert, Buch, Wells, Matthew, Naudin, Haldeman, Spencer, Chambers, Owen.”6

The debate over the origins of man has always been between a theistic and a non-theistic approach; and among those who embrace the theistic approach have been found (and still are found) three distinct sub-approaches: (1) intelligent-design (that which exists came into being by divine guidance, but the period of time required or the specifics of the process are unsettled, possibly unprovable, and therefore remain debatable); (2) theistic evolution (that which exists came into being over a long, slow passing of time through natural laws and processes but under divine guidance); and (3) special creation (that which exists came into being in six literal days). This, then, makes four separate historic approaches to the origins of man: three theistic, and one non-theistic.

In the non-theistic camp, Empedocles (495-435 B.C.) was the father and original proponent of the evolution theory, followed by advocates such as Democritus (460-370 B.C. ), Epicurus (342-270 B.C.), Lucretius (98-55 B.C.), Abubacer (1107-1185 A.D.), Bruno (1548-1600), Buffon (1707-1788), Helvetius (1715-1771), Erasmus Darwin (1731-1802), Lamarck (1744-1829), Goethe (1749-1832), Lyell (1797-1875), etc.

In the theistic camp, Anaxigoras (500-428 B.C.) was the father of intelligent design; that same belief was also expounded by such distinguished scientists and philosophers Descartes (1596-1650), Harvey (1578-1657), Newton (1642-1727), Kant (1729-1804), Mendel (1822-1884), Cuvier (1769-1827), Agassiz (1807-1873), etc. Significantly, even Charles Darwin (1809-1882), strongly influenced by the writings of Paley (1743- 1805),7 embraced the intelligent design position at the time that he wrote his celebrated word, explaining:

Another source of conviction in the existence of God, connected with the reason and not with the feelings, impresses me as having much more weight. This follows from the extreme difficulty, or rather impossibility, of conceiving this immense and wonderful universe, including man with his capacity of looking far backwards and far into futurity, as the result of blind chance or necessity. When thus reflecting I feel compelled to look to a First Cause having an intelligent mind in some degree analogous to that of man; and I deserve to be called a Theist. This conclusion was strong in my mind about the time, as far as I can remember, when I wrote the Origin of Species.8

John Dewey, an ardent 20th century proponent of Darwinism, explained why the intelligent design position – scientifically speaking – was reasonable:

The marvelous adaptation of organisms to their environment, of organs to the organism, of unlike parts of a complex organ (like the eye) to the organ itself; the foreshadowing by lower forms of the higher; the preparation in earlier stages of growth for organs that only later had their functioning – these things are increasingly recognized with the progress of botany, zoology, paleontology, and embryology. Together, they added such prestige to the design argument that by the later eighteenth century it was, as approved by the sciences of organic life, the central point of theistic and idealistic philosophy.9

(This position of intelligent design, also called the anthropic or teleological view, is now embraced by an increasing number of contemporary distinguished scientists, non-religious though many of them claim to be.10)

The second camp within the theistic approach is theistic evolution, which was first propounded by Aristotle (384-322 B.C.). Other prominent expositors of this view included Gregory of Nyssa (331-396 A.D.), Augustine of Hippo (354-430 A.D.), St. Gregory the First (540-604 A.D.), St. Thomas Aquinas (1225-1274), Leibnitz (1646-1716), Swedenborg (1688-1772), Bonnet (1720-1793), and numerous contemporary scientists. In fact, many of Darwin’s contemporaries embraced this view, believing that “natural selection could be the means by which God has chosen to make man.”11

As confirmed by Dr. James Rachels, professor at the University of Alabama at Birmingham: Mivart [1827-1900, a professor in Belgium] became the leader of a group of dissident evolutionists who held that although man’s body might have evolved by natural selection, his rational and spiritual soul did not. At some point God had interrupted the course of human history to implant man’s soul in him, making him something more than merely a former ape. . . . Wallace [1823-1913, who advocated natural selection prior to Darwin] took a view very similar to that of Mivart: he held that the theory of natural selection applies to humans, but only up to a point. Our bodies can be explained in this way, but not our brains. Our brains, he said, have powers that far outstrip anything that could have been produced by natural selection. Thus he concluded that God had intervened in the course of human history to give man the “extra push” that would enable him to reach the pinnacle on which he now stands. . . . Natural selection, while it explained much, could not explain everything; in the end God must be brought in to complete the picture.12

In fact, Clarence Darrow himself (the lead attorney during the famous Scopes Monkey Trial in 192513), admitted during the trial that this was a prominent position of many in that day;14 and Dudley Malone, Darrow’s co-counsel, even declared:

We shall show by the testimony of men learned in science and theology that there are millions of people who believe in evolution and in the stories of creation as set forth in the Bible and who find no conflict between the two.15

Interestingly, writers who chronicle the centuries-long history of the evolution debate16 confirm that there have always been numerous evolutionists in both the theistic and the non-theistic camps, and much of the proceedings in the Scopes trial reaffirmed that a belief in evolution was not incompatible with teaching theistic origins and a belief in a divine creator.

The third camp, special (or literal) creation, was championed by Francisco Suarez (1548-1617) and later by Pasteur (1822-1895) as well as by subsequent contemporary scientists.

Significantly, then, the history of this controversy through recent years and even previous centuries makes clear that subsequent scientific discovery across the centuries has not yet significantly altered any of these four views. Therefore, it was not in the absence of knowledge about the debate over evolution but rather in its presence, that our Framers made the decision to incorporate in our governing documents the principle of a creator.

One example affirming the Framers’ view on this subject is provided by Thomas Paine.

Thomas Paine

Although Paine was the most openly and aggressively anti-religious of the Founders, in his 1787 “Discourse at the Society of Theophilanthropists in Paris,” Paine nevertheless forcefully denounced the French educational system which taught students that man was the result of prehistoric cosmic accidents, or had developed from some other species:

It has been the error of schools to teach astronomy, and all the other sciences and subjects of natural philosophy, as accomplishments only; whereas they should be taught theologically, or with reference to the Being who is the Author of them: for all the principles of science are of divine origin. Man cannot make, or invent, or contrive principles; he can only discover them, and he ought to look through the discovery to the Author.
When we examine an extraordinary piece of machinery, an astonishing pile of architecture, a well-executed statue, or a highly-finished painting where life and action are imitated, and habit only prevents our mistaking a surface of light and shade for cubical solidity, our ideas are naturally led to think of the extensive genius and talent of the artist.

When we study the elements of geometry, we think of Euclid. When we speak of gravitation, we think of Newton. How, then, is it that when we study the works of God in creation, we stop short and do not think of God? It is from the error of the schools in having taught those subjects as accomplishments only and thereby separated the study of them from the Being who is the Author of them. . . .

The evil that has resulted from the error of the schools in teaching natural philosophy as an accomplishment only has been that of generating in the pupils a species of atheism. Instead of looking through the works of creation to the Creator Himself, they stop short and employ the knowledge they acquire to create doubts of His existence. They labor with studied ingenuity to ascribe everything they behold to innate properties of matter and jump over all the rest by saying that matter is eternal.

And when we speak of looking through nature up to nature’s God, we speak philosophically the same rational language as when we speak of looking through human laws up to the power that ordained them.

God is the power of first cause, nature is the law, and matter is the subject acted upon.

But infidelity, by ascribing every phenomenon to properties of matter, conceives a system for which it cannot account and yet it pretends to demonstrate.17

Paine certainly did not advocate this position as a result of religious beliefs or of any teaching in the Bible, for he believed that “the Bible is spurious” and “a book of lies, wickedness, and blasphemy.”18 Yet, this anti-Bible founder was nevertheless a strong supporter of teaching the theistic origins of man. Many other Founding Fathers also held clear positions on this issue.

John Quincy Adams

It is so obvious to every reasonable being, that he did not make himself; and the world which he inhabits could as little make itself that the moment we begin to exercise the power of reflection, it seems impossible to escape the conviction that there is a Creator. It is equally evident that the Creator must be a spiritual and not a material being; there is also a consciousness that the thinking part of our nature is not material but spiritual – that it is not subject to the laws of matter nor perishable with it. Hence arises the belief, that we have an immortal soul; and pursuing the train of thought which the visible creation and observation upon ourselves suggest, we must soon discover that the Creator must also he the Governor of the universe – that His wisdom and His goodness must be without bounds – that He is a righteous God and loves righteousness – that mankind are bound by the laws of righteousness and are accountable to Him for their obedience to them in this life, according to their good or evil deeds.19

But the first words of the Bible are, “In the beginning God created the heavens and the earth.” The blessed and sublime idea of God as the creator of the universe – the Source of all human happiness for which all the sages and philosophers of Greece and Rome groped in darkness and never found – is recalled in the first verse of the book of Genesis. I call it the source of all human virtue and happiness because when we have attained the conception of a Being Who by the mere act of His will created the world, it would follow as an irresistible consequence (even if we were not told that the same Being must also be the governor of his own creation) that man, with all other things, was also created by Him, and must hold his felicity and virtue on the condition of obedience to His will.20

Benjamin Franklin

It might be judged an affront to your understandings should I go about to prove this first principle: the existence of a Deity and that He is the Creator of the universe; for that would suppose you ignorant of what all mankind in all ages have agreed in. I shall therefore proceed to observe that He must be a being of infinite wisdom (as appears in His admirable order and disposition of things), whether we consider the heavenly bodies, the stars and planets and their wonderful regular motions; or this earth, compounded of such an excellent mixture of all the elements; or the admirable structure of animate bodies of such infinite variety and yet every one adapted to its nature and the way of life is to be placed in, whether on earth, in the air, or in the water, and so exactly that the highest and most exquisite human reason cannot find a fault; and say this would have been better so, or in such a manner which whoever considers attentively and thoroughly will be astonished and swallowed up in admiration.21

That the Deity is a being of great goodness appears in His giving life to so many creatures, each of which acknowledges it a benefit by its unwillingness to leave it; in His providing plentiful sustenance for them all and making those things that are most useful, most common and easy to be had, such as water (necessary for almost every creature to drink); air (without which few could subsist); the inexpressible benefits of light and sunshine to almost all animals in general; and to men, the most useful vegetables, such as corn, the most useful of metals, as iron, & c.; the most useful animals as horses, oxen, and sheep, He has made easiest to raise or procure in quantity or numbers; each of which particulars, if considered seriously and carefully, would fill us with the highest love and affection. That He is a being of infinite power appears in His being able to form and compound such vast masses of matter (as this earth, and the sun, and innumerable stars and planets), and give them such prodigious motion and yet so to govern them in their greatest velocity as that they shall not fly out of their appointed bounds not dash one against another for their mutual destruction. But it is easy to conceive His power, when we are convinced of His infinite knowledge and wisdom. For, if weak and foolish creatures as we are, but knowing the nature of a few things, can produce such wonderful effects, . . . what power must He possess, Who not only knows the nature of everything in the universe but can make things of new natures with the greatest ease and at His pleasure! Agreeing, then, that the world was a first made by a Being of infinite wisdom, goodness, and power, which Being we call God.22

John Adams

When I was in England from 1785 to 1788, I may say I was intimate with Dr. Price [Richard Price was a theologian and a strong British supporter of American rights and independence, with Congress bestowing on him an American citizenship in 1778]. I had much conversation with him at his own house, at my houses, and at the house and tables of many friends. In some of our most unreserved conversations when we have been alone, he has repeatedly said to me, “I am inclined to believe that the Universe is eternal and infinite. It seems to me that an eternal and infinite effect must necessarily flow from an eternal and infinite Cause; and an infinite Wisdom, Goodness, and Power that could have been induced to produce a Universe in time must have produced it from eternity.” “It seems to me, the effect must flow from the Cause”… It has been long – very long – a settled opinion in my mind that there is now, never will be, and never was but one Being who can understand the universe, and that it is not only vain but wicked for insects [like us] to pretend to comprehend it.23

James Wilson

When we view the inanimate and irrational creation around and above us, and contemplate the beautiful order observed in all its motions and appearances, is not the supposition unnatural and improbable that the rational and moral world should be abandoned to the frolics of chance or to the ravage of disorder? What would be the fate of man and of society was every one at full liberty to do as he listed without any fixed rule or principle of conduct – without a helm to steer him, a sport of the fierce gusts of passion and the fluctuating billows of caprice?24

Daniel Webster

The belief that this globe existed from all eternity (or never had a beginning), never obtained a foothold in any part of the world or in any age. Even the infidel writer of modern times, however, in the pride of argument they may have asserted it but believed it not, for they could not help perceiving that if mankind, with their inherently intellectual powers and natural capacities for improvement, had inhabited this earth for millions of years, the present inhabitants would not only be vastly more intelligent than we now find them but there would be vestiges of the former races to be found in every inhabitable part of the globe, floods and earthquakes notwithstanding. Unless we adopt Lord Monboddo’s [1714-1799, a Scottish legal scholar and pioneer anthropologist who advocated evolution through natural selection and man’s ascent from chimps] supposition that mankind were originally monkeys, it is impossible to admit the idea that they could have existed millions of years without making more discoveries and improvements than the early histories of nations warrant us to believe they had done. The belief in an uncreated, self-existent intelligent First Cause takes possession of our minds whether we will or not, because if man could not create himself, nothing else could; and matter, if it were not external, could produce nothing but matter; it could never produce thought nor free will nor consciousness. There must have been, therefore, a time when this globe and its inhabitants did not exist. The question then arises, what gave it existence? We answer God, the great First Cause of all things. What is God? We know not. We know Him only through His creation and His revelation. What do these teach us? They teach us, first this; incomprehensible power, next His infinite mind, and lastly His universal benevolence or goodness. These terms express all that we can know or believe of Him.25

Thomas Jefferson

[W]hen we take a view of the universe in its parts, general or particular, it is impossible for the human mind not to perceive and feel a conviction of design, consummate skill, and indefinite power in every atom of its composition. The movements of the heavenly bodies, so exactly held in their course by the balance of centrifugal and centripetal forces; the structure of our earth itself, with its distribution of lands, waters, and atmosphere; animal and vegetable bodies, examined in all their minutest particles; insects, mere atoms of life, yet as perfectly organized as man or mammoth; the mineral substances, their generation and uses – it is impossible, I say, for the human mind not to believe that there is, in all this, design, cause, and effect, up to an ultimate cause, a Fabricator of all things from matter and motion, their Preserver and Regulator while permitted to exist in their present forms, and their regeneration into new and other forms. We see, too, evident proofs of the necessity of a superintending power, to maintain the universe in its course and order.26

(A longer and more extensive piece on the history of evolution and the Founding Fathers can be read in David Barton’s law review article published for Regent Lawschool on the 75th anniversary of the 1925 Scopes Monkey Trial. That piece, entitled “Evolution and the Law: A Death Struggle Between Two Civilizations,” is accessible here.)


Endnotes

1 Bertrand Russell, Human Knowledge: Its Scope and Limits (New York: Simon and Schuster, 1948), 33-34.

2 Henry Fairfield Osborn, From the Greeks to Darwin (New York: Charles Scribner’s Sons, 1924), 1.

3 Osborn, From the Greeks to Darwin (New York: Charles Scribner’s Sons, 1924), 6.

4 Edward Clodd, Pioneers of Evolution From Thales to Huxley (New York: Books for Libraries Press), 3.

5 Osborn, From the Greeks (1924), 10-11.

6 Osborn, From the Greeks (1924), 11.

7 James Rachels, Created From Animals: The Moral Implications of Darwinism (New York: Oxford University Press, 1990), 10.

8 Charles Darwin, The Autobiography of Charles Darwin, 1809-1882, ed. Nora Barlow (London: Collins, 1958), 92-93.

9 John Dewey, The Influence of Darwin on Philosophy, and Other Essays on Contemporary Thought (New York: Henry Holt and Company, 1910), p. 11.

10 Some of the contemporary academics and researchers embracing this position include Dr. Mike Behe of Lehigh University, Dr. Walter Bradley of Texas A & M, Dr. Sigrid Hartwig-Scherer of Ludwig-Maximilian University in Munich, Phillip Johnson and Dr. Jonathan Wells of the University of California at Berkeley, Dr. Robert Kaita of Princeton, Dr. Steven Meyer of Whitworth, Dr. Heinz Oberhummer of Vienna University, Dr. Siegfried Scherer of the Technical University of Munich, Dr. Jeff Schloss of Westmont, etc. There are numerous others that, to varying degrees, embrace the anthropic position, including Dr. Brandon Carter of Cambridge, Dr. Frank Tipler of Tulane, Dr. Peter Berticci of Michigan State, Dr. George Gale of University of Missouri Kansas City, Dr. John Barrow of Sussux University, Dr. John Leslie of the University of Guelph, Dr. Heinz Pagels of Rockefeller University, Dr. John Earman of University of Pittsburgh, and many others.

11 Rachels, Created From Animals (1990), 3.

12 Rachels, Created From Animals (1990),57-58.

13 Scopes v. State, 289 S. W. 363 (1927).

14 The World’s Most Famous Court Trial: Tennessee Evolution Case; A Word for Word Report of the Famous Court Test of the Tennessee Anti-Evolution Act, at Dayton, July 10 to 21, 1925 . . . (Cincinnati: National Book Company, 1925), 83-84, Clarence Darrow, July 13, 1925.

15 The World’s Most Famous Court Trial (1925), 113, Dudley Malone, July 15, 1925.

16 See Osborn, From the Greek (1924); Peter J. Bowler, Evolution: The History of an Idea (Berkeley: University of California Press, 1984); Edward Clodd, Pioneers of Evolution From Thales to Huxley (New York: Books for Libraries Press); Robert Clark, Darwin: Before and After, and Examination and Assessment (London: The Paternoster Press, 1958),

17 Thomas Paine, Life and Writings of Thomas Paine, ed. Daniel Edwin Wheeler (New York: Printed by Vincent Parke and Company, 1908), 7:2-8, “The Existence of God,” A Discourse at the Society of Theophilanthropists, Paris.

18 Paine, Life and Writings, ed. Wheeler (1908), 6:132, from his “Age of Reason Part Second,” January 27, 1794.

19 John Quincy Adams, Letters of John Quincy Adams to His Son on the Bible and Its Teachings (Auburn: James M. Alden, 1850), Letter II, 23-24.

20 Adams, Letters of John Quincy Adams (1850), Letter II, 27-28.

21 Benjamin Franklin, The Works of Benjamin Franklin, ed. Jared Sparks (Boston: Tappan, Whittemore, and Mason, 1836), II:526, “A Lecture on the Providence of God in the Government of the World.”

22 Franklin, Works, ed. Jared Sparks (1836), II:526-527, “A Lecture on the Providence of God in the Government of the World.”

23 John Adams, The Adams-Jefferson Letters, ed. Lester Cappon (North Carolina: University of North Carolina, 1959) 374-375, to Thomas Jefferson, September 14, 1813.

24 James Wilson, The Works of the Honorable James Wilson, ed. Bird Wilson (Philadelphia: Lorenzo Press, 1804), I:113-114.

25 From Daniel Webster’s 1801 Senior Oration at Dartmouth, translated from the Latin by John Andrew Murray, received by the author from the translator on February 21, 2008. The oration is titled “On the Goodness of God as manifested in His work, 1801.”

26 Thomas Jefferson, The Writings of Thomas Jefferson, ed. Andrew A. Lipscomb (Washington, D.C.: The Thomas Jefferson Memorial Association, 1904), XV:426-427, letter to John Adams, April 11, 1823.