Confronting Civil War Revisionism: Why The South Went To War

The rewriting of history in any area is possible only if: (1) the public does not know enough about specific events to object when a wrong view is introduced; or (2) the discovery of previously unknown historical material brings to light new facts that require a correction of the previous view. However, historical revisionism – the rewriting “of an accepted, usually long-standing view especially a revision of historical events and movements” 1 – is successful only through the first means.

Over the past sixty years, many groups, exploiting a general lack of public knowledge about particular movements or events, have urged upon the public various revisionist views in order to justify their particular agenda. For example, those who use activist courts to advance policies they are unable to pass through the normal legislative process defend judicial abuse by asserting three historically unfounded doctrines: (1) the judiciary is to protect the minority from the majority; (2) the judiciary exists to review and correct the acts of elective bodies; and (3) the judiciary is best equipped to “evolve” the culture to the needs of an ever-changing society. These claims are directly refuted by original constitutional writings, especially The Federalist Papers. (See also the WallBuilders’ book, Restraining Judicial Activism.)

Likewise, those who pursue a secular public square seek to justify their agenda by asserting that the Founding Fathers: (1) were atheists, agnostics, and deists, and (2) wrote into the Constitution a strict separation of church and state requiring the exclusion of religious expressions from the public arena. These claims are also easily rebuttable through the Founders’ own writings and public acts. (See also the WallBuilders’ book, Original Intent.)

A third example of historical revisionism involves the claim that the 1860-1861 secession of the Southern States which caused the Civil War was not a result of the slavery issue but rather of oppressive federal economic policies. For example, a plaque in the Texas State Capitol declares:

confronting-civil-war-revisionism-why-the-south-went-to-war

Because we desire to perpetuate, in love and honor, the heroic deeds of those who enlisted in the Confederate Army and upheld its flag through four years of war, we, the children of the South, have united together in an organization called “Children of the Confederacy,” in which our strength, enthusiasm, and love of justice can exert its influence. We therefore pledge ourselves to preserve pure ideals; to honor our veterans; to study and teach the truths of history (one of the most important of which is that the war between the states was not a rebellion nor was its underlying cause to sustain slavery), and to always act in a manner that will reflect honor upon our noble and patriotic ancestors. (emphasis added)

Other sources make the same false claim, 2 but four notable categories of Confederate records disprove these claims and indisputably show that the South’s desire to preserve slavery was indisputably the driving reason for the formation of the Confederacy.

1. Southern Secession Documents

From December 1860 through August 1861, the southern states met individually in their respective state conventions to decide whether to secede from the Union. On December 20, 1860, South Carolina became the first state to decide in the affirmative, and its secession document repeatedly declared that it was leaving the Union to preserve slavery:

[A]n increasing hostility on the part of the non-slaveholding [i.e., northern] states to the institution of slavery has led to a disregard of their obligations. . . . [T]hey have denounced as sinful the institution of slavery. . . . They have encouraged and assisted thousands of our slaves to leave their homes [through the Underground Railroad]. . . . A geographical line has been drawn across the Union, and all the states north of that line have united in the election of a man to the high office of President of the United States [Abraham Lincoln] whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the common government because he has declared that “Government cannot endure permanently half slave, half free,” and that the public mind must rest in the belief that slavery is in the course of ultimate extinction. . . . The slaveholding states will no longer have the power of self-government or self-protection [over the issue of slavery] . . . 3

Following its secession, South Carolina requested the other southern states to join them in forming a southern Confederacy, explaining:

We . . . [are] dissolving a union with non-slaveholding confederates and seeking a confederation with slaveholding states. Experience has proved that slaveholding states cannot be safe in subjection to non-slaveholding states. . . . The people of the North have not left us in doubt as to their designs and policy. United as a section in the late presidential election, they have elected as the exponent of their policy one [Abraham Lincoln] who has openly declared that all the states of the United States must be made Free States or Slave States. . . . In spite of all disclaimers and professions [i.e., measures such as the Corwin Amendment, written to assure the southern states that Congress would not abolish slavery], there can be but one end by the submission by the South to the rule of a sectional anti-slavery government at Washington; and that end, directly or indirectly, must be the emancipation of the slaves of the South. . . . The people of the non-slaveholding North are not, and cannot be safe associates of the slaveholding South under a common government. . . . Citizens of the slaveholding states of the United States! . . . South Carolina desires no destiny separate from yours. . . . We ask you to join us in forming a Confederacy of Slaveholding States. 4

On January 9, 1861, Mississippi became the second state to secede, announcing:

Our position is thoroughly identified with the institution of slavery – the greatest material interest of the world. . . . [A] blow at slavery is a blow at commerce and civilization. That blow has been long aimed at the institution and was at the point of reaching its consummation. There was no choice left us but submission to the mandates of abolition or a dissolution of the Union, whose principles had been subverted to work out our ruin. That we do not overstate the dangers to our institution [slavery], a reference to a few facts will sufficiently prove. The hostility to this institution commenced before the adoption of the Constitution and was manifested in the well-known Ordinance of 1787. [On July 13, 1787, when the nation still governed itself under the Articles of Confederation, the Continental Congress passed the Northwest Ordinance (which Mississippi here calls the “well-known Ordinance of 1787”). That Ordinance set forth provisions whereby the Northwest Territory could become states in the United States, and eventually the states of Ohio, Indiana, Illinois, Michigan, Wisconsin, and Minnesota were formed from that Territory. As a requirement for statehood and entry into the United States, Article 6 of that Ordinance stipulated: “There shall be neither slavery nor involuntary servitude in the said territory.”

When the Constitution replaced the Articles of Confederation, the Founding Fathers re-passed the “Northwest Ordinance” to ensure its continued effectiveness under the new Constitution. Signed into law by President George Washington on August 7, 1789, it retained the prohibition against slavery.
As more territory was gradually ceded to the United States (the Southern Territory – Mississippi and Alabama; the Missouri Territory – Missouri and Arkansas; etc.), Congress applied the requirements of the Ordinance to those new territories. Mississippi had originally entered the United States under the requirement that it not allow slavery, and it is here objecting not only to that requirement of its own admission to the United States but also to that requirement for the admission of other states.]. . . It has grown until it denies the right of property in slaves and refuses protection to that right on the high seas [Congress banned the importation of slaves into America in 1808], in the territories [in the Northwest Ordinance of 1789, the Missouri Compromise of 1820, the Compromise of 1850, and the Kansas-Nebraska Act of 1854], and wherever the government of the United States had jurisdiction. . . . It advocates Negro equality, socially and politically. . . . We must either submit to degradation and to the loss of property [i.e., slaves] worth four billions of money, or we must secede from the Union framed by our fathers to secure this as well as every other species of property. 5

(Notice that the Union’s claim that blacks and whites were equal both “socially and politically” was a claim too offensive for southern Democrat states to tolerate.)

Following its secession, Mississippi sent Fulton Anderson to the Virginia secession convention, where he told its delegates that Mississippi had seceded because they had unanimously approved a document “setting forth the grievances of the Southern people on the slavery question.” 6

On January 10, 1861, Florida became the third state to secede. In its preliminary resolutions setting forth reasons for secession, it acknowledged:

All hope of preserving the Union upon terms consistent with the safety and honor of the Slaveholding States has been finally dissipated by the recent indications of the strength of the anti-slavery sentiment in the Free States. 7

On January 11, 1861, Alabama became the fourth state to secede. Like the three states before her, Alabama’s document cited slavery; and it also cited the 1860 election victory of the Republicans as a further reason for secession, specifically condemning . . .

. . . the election of Abraham Lincoln and Hannibal Hamlin to the offices of President and Vice-President of the United States of America by a sectional party [the Republicans], avowedly hostile to the domestic institutions [slavery] and to the peace and security of the people of the State of Alabama . . . 8

Georgia similarly invoked the 1860 Republican victory as a cause for secession, explaining:

A brief history of the rise, progress, and policy of anti-slavery and the political organization into whose hands the administration of the federal government has been committed [i.e., the Republican Party] will fully justify the pronounced verdict of the people of Georgia [in favor of secession]. The party of Lincoln, called the Republican Party under its present name and organization, is of recent origin. It is admitted to be an anti-slavery party. . . . The prohibition of slavery in the territories, hostility to it everywhere, the equality of the black and white races, disregard of all constitutional guarantees in its favor, were boldly proclaimed by its [Republican] leaders and applauded by its followers. . . . [T]he abolitionists and their allies in the northern states have been engaged in constant efforts to subvert our institutions [i.e., slavery]. 9

Why was the Republican election victory a cause for secession? Because the Republican Party had been formed in May of 1854 on the almost singular issue of opposition to slavery (see WallBuilders’ work, American History in Black and White). Only six years later (in the election of 1860), voters gave Republicans control of the federal government, awarding them the presidency, the House, and the Senate.

The Republican agenda was clear, for every platform since its inception had boldly denounced slavery. In fact, when the U. S. Supreme Court delivered the 1857 Dred Scott ruling protecting slavery and declaring that Congress could not prohibit it even in federal territories, 10 the Republican platform strongly condemned that ruling and reaffirmed the right of Congress to ban slavery in the territories. 11 But setting forth an opposite view, the Democrat platform praised the Dred Scott ruling 12 and the continuation of slavery 13 and also loudly denounced all anti-slavery and abolition efforts. 14

The antagonistic position between the two parties over the slavery issue was clear; so when voters gave Republicans control of the federal government in 1860, southern slave-holding Democrat states saw the proverbial “handwriting on the wall” and promptly left the United States before Republicans could make good on their anti-slavery promises. It was for this reason that so many of the seceded states referenced the Republican victory in their secession documents.

It was not just southern Democrats who viewed the election of Lincoln and the Republicans as the death knell for slavery; many northern Democrats held the same view. In fact, New York City Democrat Mayor Fernando Wood not only attacked the Republican position on slavery but he also urged New York City to join with the South and secede, explaining:

With our aggrieved brethren of the Slave States, we have friendly relations and a common sympathy. We have not participated in the warfare upon their constitutional rights [of slaveholding] or their domestic institutions [slavery]. . . . It is certain that a dissolution [secession of the State of New York from the Union] cannot be peacefully accomplished except by the consent of the [Republican New York] Legislature itself. . . . [and] it is not probable that a partisan [Republican] majority will consent to a separation. . . . [So] why should not New York City, instead of supporting by her contributions in revenue two-thirds of the expenses of the United States, become also equally independent [i.e., secede]? . . . In this she would have the whole and united support of the southern states. 15

Other northern Democrats also assailed the anti-slavery positions of the Republicans – including Samuel Tilden (a New York state assemblyman and later the chair of the state Democrat Party, state governor, and then presidential candidate). Tilden affirmed that southern secession be could halted only if Republicans publicly abandoned their anti-slavery positions:

[T]he southern states will not by any possibility accept the avowed creed of the Republican Party as the permanent policy of the federative government as to slavery. . . . Nothing short of the recession [drawing back] of the Republican Party to the point of total and absolute non-action on the subject of slavery in the states and territories could enable it to reconcile to itself the people of the South. 16

Even the editorial page of the New York World endorsed the Democrats’ pro-slavery positions and condemned Republicans:

We cannot ask the South – we will not ask anybody – to live contentedly under a government . . . which burdens white men with oppressive debt and grinding taxation to try an unconstitutional experiment of giving freedom to Negroes. . . . A proposal for an abolition peace can never gain a hearing in the South. If the Abolition Party [Republicans] continues in power, the separation is final, [both] in feeling and in fact. 17

However, returning to an examination of southern secession documents, on January 19, 1861, Georgia became the fifth state to secede. Georgia then dispatched Henry Benning to Virginia to encourage its secession. At the Virginia convention, Benning explained to the delegates:

What was the reason that induced George to take the step of secession? That reason may be summed up in one single proposition: it was a conviction – a deep conviction on the part of Georgia – that a separation from the North was the only thing that could prevent the abolition of her slavery. This conviction was the main cause. 18

On January 26, 1861, Louisiana became the sixth state to secede. Days later, Texas was scheduled to hold its secession convention, and Louisiana sent Commissioner George Williamson to urge Texas to secede. Williamson told the Texas delegates:

Louisiana looks to the formation of a Southern Confederacy to preserve the blessings of African slavery. . . . Louisiana and Texas have the same language, laws, and institutions. . . . and they are both so deeply interested in African slavery that it may be said to be absolutely necessary to their existence and is the keystone to the arch of their prosperity. . . . The people of Louisiana would consider it a most fatal blow to African slavery if Texas either did not secede or, having seceded, should not join her destinies to theirs in a Southern Confederacy. . . . As a separate republic, Louisiana remembers too well the whisperings of European diplomacy for the abolition of slavery in the times of annexation [Great Britain abolished slavery in 1833; by 1843, southern statesmen were alleging – without evidence – that Great Britain was involved in a plot to abolish slavery in America. Southern voices therefore called for the immediate annexation of pro-slavery Texas into the United States in order to increase pro-slavery territory, but anti-slavery leaders in Congress – including John Quincy Adams and Daniel Webster – opposed that annexation. Their opposition was initially successful; and in his diary entry for June 10 & 17, 1844, John Quincy Adams enthused: “The vote in the United States Senate on the question of [admitting Texas] was, yeas, 16; nays, 35. I record this vote as a deliverance, I trust, by the special interposition of Almighty God. . . . The first shock of slave democracy is over. Moloch [a pagan god requiring human sacrifices] and Mammon [the god of riches] have sunk into momentary slumber. The Texas treason is blasted for the hour.” That victory, however, was only temporary; in 1845, Texas was eventually admitted as a slaveholding state.] not to be apprehensive of bolder demonstrations from the same quarter and the North in this country. The people of the slaveholding states are bound together by the same necessity and determination to preserve African slavery. The isolation of any one of them from the others would make her a theatre for abolition emissaries from the North and from Europe. Her existence would be one of constant peril to herself and of imminent danger to other neighboring slave-holding communities. . . . and taking it as the basis of our new government, we hope to form a slave-holding confederacy . . . 19

Williamson’s encouragement to the Texans turned out to be unnecessary, for on February 1, 1861, even before he arrived from Louisiana, Texas had already become the seventh state to secede. In its secession document, Texas announced:

[Texas] was received as a commonwealth, holding, maintaining, and protecting the institution known as Negro slavery – the servitude of the African to the white race within [Texas] – a relation that had existed from the first settlement of her wilderness by the white race and which her people intended should exist in all future time. Her institutions and geographical position established the strongest ties between her and other slaveholding states of the Confederacy. . . . In all the non-slave-holding states . . . the people have formed themselves into a great sectional party [i.e., the Republican Party] . . . based upon an unnatural feeling of hostility to these southern states and their beneficent and patriarchal system of African slavery, proclaiming the debasing doctrine of equality of all men irrespective of race or color – a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of divine law. They demand the abolition of Negro slavery throughout the Confederacy, the recognition of political equality between the white and Negro races, and avow their determination to press on their crusade against us so long as a Negro slave remains in these states. . . . By the secession of six of the slave-holding states, and the certainty that others will speedily do likewise, Texas has no alternative but to remain in an isolated connection with the North or unite her destinies with the South. 20

On April 17, 1861, Virginia became the eighth state to secede. It, too, acknowledged that the “oppression of the southern slave-holding states” (among which it numbered itself) had motivated its decision. 21

On May 8, 1861, Arkansas became the ninth state to join the Confederacy. Albert Pike (a prominent Arkansas newspaper owner and author of numerous legal works who became a Confederate general) explained why secession was unavoidable:

No concessions would now satisfy (and none ought now to satisfy) the South but such as would amount to a surrender of the distinctive principles by which the Republican Party coheres [exists], because none other or less would give the South peace and security. That Party would have to agree that in the view of the Constitution, slaves are property – that slavery might exist and should be legalized and protected in territory hereafter to be acquired to the southwest [e.g., New Mexico, Arizona, etc.], and that Negroes and mulattoes cannot be citizens of the United States nor vote at general elections in the states. . . . For that Party to make these concessions would simply be to commit suicide and therefore it is idle to expect from the North – so long as it [the Republican Party] rules there – a single concession of any value. 22

As Pike knew, the federal government under the Republicans was unwilling to abandon its anti-slavery positions; therefore the only recourse for the guarantee of continued slavery in Arkansas was secession – which Arkansas did.

Eventually, North Carolina and Tennessee became the tenth and eleventh states to secede, thus finishing the formation of the new nation that titled itself the Slave-Holding Confederate States of America. Southern secession documents indisputably affirm that the South’s desire to preserve slavery was the driving force in its secession and thus a primary cause of the Civil War.

2. The Declarations of Congressmen who left Congress to Join the Confederacy

Beginning on January 21, 1861, southern Democrats serving in Congress began resigning en masse to join the Confederacy. During this time, many stood in their respective federal legislative chambers and delivered their farewell statements unequivocally affirming what the secession documents clearly declared.

For example, Democrat U. S. Senator Alfred Iverson of Georgia bluntly told his peers:

I may safely say, however, that nothing will satisfy them [the seceded states] or bring them back short of a full and explicit recognition and guarantee of the safety of their institution of domestic slavery. 23

Democrat U. S. Senator Robert Toombs of Georgia (soon to become the Secretary of State for the Confederacy, and then a general in the Confederate Army) declared that the seceded South would return to the Union only if their pro-slavery demands were agreed to:

What do these Rebels demand? First, that the people of the United States shall have an equal right to emigrate and settle in the present or an future acquired territories with whatever property they may possess (including slaves). . . . The second proposition is that property in slaves shall be entitled to the same protection from the government of the United States, in all of its departments, everywhere, which the Constitution confers the power upon it to extend to any other property. . . . We demand in the next place . . . that a fugitive slave shall be surrendered under the provisions of the Fugitive Slave Act of 1850 without being entitled either to a writ of habeas corpus or trial by jury or other similar obstructions of legislation. . . . Slaves – black “people,” you say – are entitled to trial by jury. . . . You seek to outlaw $4,000,000,000 of property [slaves] of our people in the territories of the United States. Is not that a cause of war? . . . My distinguished friend from Mississippi [Mr. Jefferson Davis], another moderate gentleman like myself, proposed simply to get a recognition that we had the right to our own – that man could have property in man – and it met with the unanimous refusal even of the most moderate, Union-saving, compromising portion of the Republican party. . . . Mr. Lincoln thus accepts every cardinal principle of the Abolitionists; yet he ignorantly puts his authority for abolition upon the Declaration of Independence, which was never made any part of the public law of the United States. . . . Very well; you not only want to break down our constitutional rights – you not only want to upturn our social system – your people not only steal our slaves and make them freemen to vote against us – but you seek to bring an inferior race into a condition of equality, socially and politically, with our own people. 24 (emphasis added)

Democrat U. S. Senator Clement Clay of Alabama (soon to become a foreign diplomat for the Confederacy) also expounded the same points:

Not a decade, nor scarce a lustrum [five year period], has elapsed since [America’s] birth that has not been strongly marked by proofs of the growth and power of that anti-slavery spirit of the northern people which seeks the overthrow of that domestic institution [slavery] of the South, which is not only the chief source of her prosperity but the very basis of her social order and state polity. . . . No sentiment is more insulting or more hostile to our domestic tranquility, to our social order, and our social existence, than is contained in the declaration that our Negroes are entitled to liberty and equality with the white man. . . . To crown the climax of insult to our feelings and menace of our rights, this party nominated to the presidency a man who not only endorses the platform but promises in his zealous support of its principles to disregard the judgment of your courts [i.e., Lincoln had indicated that he would ignore the Supreme Court’s egregious Dred Scott decision], the obligations of your Constitution, and the requirements of his official oath, by approving any bill prohibiting slavery in the territories of the United States. 25

Democrat U. S. Senator John Slidell of Louisiana (soon to be a Confederate diplomat to France and Great Britain), echoed the same grievances:

We all consider the election of Mr. Lincoln, with his well-known antecedents and avowed [anti-slavery] principles and purposes . . . as conclusive evidence of the determined hostility of the Northern masses to our institutions. We believe that he conscientiously entertains the opinions which he has so often and so explicitly declared, and that having been elected on the [anti-slavery] issues thus presented, he will honestly endeavor to carry them into execution. While now [as a result of secession] we have no fears of servile insurrection [i.e. a slave revolt], even of a partial character, we know that his inauguration as President of the United States, with our assent, would have been considered by many of our slaves as the day of their emancipation. 26

Democrat U. S. House Representative William Yancey (who became a Confederate diplomat to Europe and then a Confederate Senator) similarly complained:

[The North is] united in pronouncing slavery a political and social evil. . . . There exists but one party that, either in spirit or sentiment, manifests any disposition to stand by the South and the Constitution, and that is the Democratic Party. . . . The institution of slavery. . . . exists for the benefit of the South and is its chief source of wealth and power; and now in the hour of its peril – assailed by the great Northern antagonistic force [the Republicans and abolitionists] – it must look to the South alone for protection. . . . The question then, naturally arises, what protection have we against the arbitrary course of the Northern majority? . . . The answer is . . . withdraw from it [i.e., secede]! 27

Perhaps the no-holds-barred pro-slavery position of Democrats and southern states was best summarized by Democrat U. S. Senator Judah P. Benjamin of Louisiana (who became the first Attorney General of the Confederacy, then its Secretary of War, and finally its Secretary of State), who declared:

I never have admitted any power in Congress to prohibit slavery in the territories anywhere, upon any occasion, or at any time.28 (emphasis added)

Once the South seceded and organized its Confederate government, it immediately sought official diplomatic recognition from Great Britain and France, wrongly believing that by halting the export of Southern cotton into those nations they could strong-arm them into an official recognition of the Confederacy. But Great Britain and Europe already held large stores of cotton in reserve and also had access to textile imports from other nations, so the poorly conceived Confederate plan was unsuccessful.

France had been willing to extend official recognition to the Confederacy but would not do so unless Great Britain did the same. But Charles Francis Adams (U. S. Minister to England, and the son of John Quincy Adams and grandson of John Adams) rallied anti-slavery forces in Europe and England to successfully lobby Great Britain not to extend official recognition to the Confederacy. Those early diplomatic successes by the Union were bolstered by President Lincoln’s 1862 announcement of the Emancipation Proclamation freeing slaves in the American states in rebellion – an act very popular among working-class Britons. By October 1863, the Confederacy, not having received the official support it so badly needed, expelled British representatives from southern states.

Although Great Britain never extended official recognition, she did indirectly assist the South in many ways, including supplying the Confederacy with naval cruisers that pillaged Union merchant shipping and also providing weapons to southern troops, including the Whitworth rifle (considered one of the most accurate rifles in the Civil War). A number of Britons even crossed the ocean to serve in the Confederate Army; and in some British ranks, the sympathy for the Confederacy was so strong that after popular Confederate General Stonewall Jackson was accidentally shot down by his own troops, the mourning was just as visible in parts of England as it had been throughout the Confederacy. Some in the British press even likened the death of Jackson to that of their own national hero, Lord Nelson; and a British monument to General Jackson was even commissioned, paid for, and transported to Richmond, Virginia by Confederate sympathizers in Great Britain.

Christian leaders in France – seeing Britain’s unofficial support for the slave-holding Confederacy – dispatched a fiery letter to British clergy, strongly urging them to oppose every British effort to help the Confederacy. As the French clergy explained:

No more revolting spectacle has ever been before the civilized world than a Confederacy – consisting mainly of Protestants – forming itself and demanding independence, in the nineteenth century of the Christian era, with a professed design of maintaining and propagating slavery. The triumph of such a cause would put back the progress of Christian civilization and of humanity a whole century. 29

Foreign observers clearly saw what southern Democrat U. S. Representatives and Senators in Congress had already announced: the Civil War was the result of the South’s desire to perpetuate slavery.

3. The Confederate Constitution

On February 9, 1861 (following the secession of the seventh state), the seceded states organized their new Confederate government, electing Jefferson Davis (a resigned Democrat U. S. Senator from Mississippi) as their national president and Alexander Stephens (a resigned Democrat U. S. Representative from Georgia) as their national vice-president. On March 11 (only a week after the inauguration of Abraham Lincoln as President [Confederate apologists not only claim that slavery was not the central issue to the Confederacy but they also frequently portray Abraham Lincoln as a dictator, tyrant, atheist, homosexual, incompetent, drunk, etc. To “prove” this view, they rely heavily on The Real Lincoln by Thomas Dilorenzo (2002), The Real Lincoln by Charles Minor (1901), and Herndon’s Lincoln by William H. Herndon (1888). These three books (and a few others) portray Lincoln in a negative light, but literally hundreds of other scholarly biographies written about Lincoln – including by Pulitzer Prize-winning historians such as Carl Sandburg, Ida Tarbell, Garry Wills, Merrill Peterson, Don Fehrenbacher, and others – reached an opposite conclusion.
A similar corollary would be to study the life of Jesus only by reading The DaVinci Code or The Last Temptation of Christ, or to study the life of George Washington only by using W. E. Woodward’s George Washington: The Image and the Man. In both cases, those writings present a view of that person but hundreds of other writings present an opposite and more accurate view; so, too, with Lincoln. The view of Lincoln presented by Confederate apologists is indeed a view, but it is contradicted by scores of other writers who, after examining all the historical evidence, reached an opposite conclusion.]), a constitution was adopted for the new confederacy of slave-holding states – a constitution that explicitly protected slavery in numerous clauses:

ARTICLE I, Section 9, (4) No bill of attainder, ex post facto law, or law denying or impairing the right of property in Negro slaves shall be passed.
ARTICLE IV, Section 2, (1) The citizens of each state . . . shall have the right of transit and sojourn in any state of this Confederacy with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.
ARTICLE IV, Section 2, (3) [A] slave or other person held to service or labor in any state or territory of the Confederate States under the laws thereof, escaping or lawfully carried into another, shall . . . be delivered up on claim of the party to whom such slave belongs.
ARTICLE IV, Section 3, (3) The Confederate States may acquire new territory. . . . In all such territory, the institution of Negro slavery as it now exists in the Confederate States shall be recognized and protected by Congress and by the Territorial government; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them in any of the States or Territories of the Confederate States. 30

Ironically, southern apologists claim that the Confederacy was formed to preserve “states’ rights,” yet the Confederacy expressly prohibited any state from exercising its own “state’s right” to end slavery. Clearly, the Confederacy’s real issue was the preservation of slavery at all costs – even to the point that it constitutionally forbade the abolition of slavery by any of its member states.

4. Declaration of Confederate Vice-President Alexander Stephens

On March 21, 1861 (less than two weeks after the Confederacy had formed its constitution), Confederate Vice-President Alexander Stephens delivered a policy speech setting forth the purpose of the new government. That speech was entitled “African Slavery: The Corner-Stone of the Southern Confederacy.” In it, Stephens first acknowledged that the Founding Fathers – even those from the South – had never intended for slavery to remain in America:

The prevailing ideas entertained by him [Thomas Jefferson] and most of the leading statesmen at the time of the formation of the old Constitution were that the enslavement of the African was in violation of the laws of nature – that it was wrong in principle – socially, morally, and politically. It was an evil they knew not well how to deal with, but the general opinion of the men of that day was that somehow or other, in the order of Providence, the institution would be evanescent [temporary] and pass away. 31

What did Vice-President Stephens and the new Confederate nation think about these anti-slavery ideas of the Founding Fathers?

Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. . . . and the idea of a government built upon it. . . . Our new government [the Confederate States of America] is founded upon exactly the opposite idea; its foundations are laid – its cornerstone rests – upon the great truth that the Negro is not equal to the white man. That slavery – subordination to the superior [white] race – is his natural and moral condition. This – our new [Confederate] government – is the first in the history of the world based upon this great physical, philosophical, and moral truth. 32 (emphasis added)

Notice that by the title (as well as the content) of his speech, Confederate Vice-President Stephens affirmed that slavery was the central issue distinguishing the Confederacy.

Were Economic Policies a Major Factor in Secession?

Many southern apologists assert that the primary cause of the Civil War was unjust economic policies imposed on the South by northerners in Congress, 33 but secession records refute that claim. In fact, of the eleven secession documents, only five mention economic issues – and each was in direct conjunction with slavery. For example:

Our position is thoroughly identified with the institution of slavery – the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions; and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization. 34 MISSISSIPPI

Texas [and] Louisiana . . . have large areas of fertile, uncultivated lands peculiarly adapted to slave labor; and they are both so deeply interested in African slavery that it may be said to be absolutely necessary to their existence and is the keystone to the arch of their prosperity. 35 LOUISIANA

They [the northern abolitionists in Congress] have impoverished the slave-holding states by unequal and partial legislation [attempting to abolish slavery], thereby enriching themselves by draining our substance. 36 TEXAS

We had shed our blood and paid our money for its [slavery’s] acquisition. . . . [But b]y their [the North’s] declared principles and policy they have outlawed $3,000,000,000 of our property [i.e., slaves] in the common territories of the Union. . . . To avoid these evils, we . . . will seek new safeguards for our liberty, equality, security, and tranquility [by forming the Confederacy]. 37 GEORGIA

We prefer, however, our system of industry . . . by which starvation is unknown and abundance crowns the land – by which order is preserved by an unpaid police and many fertile regions of the world where the white man cannot labor are brought into usefulness by the labor of the African, and the whole world is blessed by our productions. 38 SOUTH CAROLINA

Clearly, even the economic reasons set forth by the South as causes for secession were directly related to slavery. Therefore, to claim that economic policies and not slavery was the cause of the Civil War is to make a distinction where there is no difference.

Summary

Numerous categories of official Confederate documents affirm that slavery was indeed the primary issue that drove the secession movement and was central to the rebellion; it is therefore blatant and unmitigated revisionism to assert – as do Confederate apologists – that “one of the most important” of the “truths of history” is “that the War Between the States was not a rebellion nor was its underlying cause to sustain slavery.” 39

[Many southerners ardently insist on describing the conflict as “The War Between the States” and strenuously object to use of the descriptor “Civil War” (see, for example, “Let’s Say ‘War Between The States’ “ (at: https://www.civilwarpoetry.org/FAQ/wbts.html)). However, cursory examinations of dozens of Confederate documents, as well as histories of the war written by Confederates immediately following the conflict, demonstrate that the descriptor they themselves most frequently used was “Civil War.” (Other descriptors used much less often by southern authors include “War Between the States,” “War of Southern Secession,” and “War for Southern Independence.”) Therefore, the assertion that the term “Civil War” is an inaccurate or biased title for the conflict is refuted by an examination of Confederate soldiers and historians who lived at the time of that conflict. While the question of whether the conflict constituted a “rebellion” was not addressed by this work, a simple query raises a significant implication: If the “war between the states” was not a “rebellion” (as modern southern apologists assert), then why did southern leaders during the Civil War describe themselves and other southern participants as “Rebels” – a derivate of the word “rebellion”? The simple descriptor “Rebels” used by the Confederates themselves certainly suggests that they certainly viewed the Civil War as a “Rebellion.”]


Endnotes

1.The American Heritage Dictionary of the English Language, Fourth Edition, © 2004, by Houghton Mifflin Company.

2. “Derby, Kansas Middle School Suspension Denounced by Sons of Confederate Veterans,” Sons of Confederate Veterans which declares “[T]he War Between the States was fought over issues such as the rights of individual states to set their own tariffs, establish their own governments, and receive full profit from their agricultural production. . . . the question of slavery was brought into the war by Lincoln in late 1862 as an emotional one to bolster the sagging Northern war effort . . .”; and “Children of the Confederacy: Creed,” United Daughters of the Confederacy which declares “We, therefore pledge ourselves . . . to study and teach the truths of history (one of the most important of which is, that the War Between the States was not a rebellion, nor was its underlying cause to sustain slavery)”; etc.

3.Edward McPherson, The Political History of the United States of America During the Great Rebellion (Washington: Philip & Solomons, 1865), 15-16, “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union,” December 24, 1860.

4.Convention of South Carolina, “Address of South Carolina to Slaveholding States,” Teaching American History, December 25, 1860.

5. “A Declaration of the Immediate Causes which Induce and Justify the Secession of the State of Mississippi from the Federal Union, January 9, 1861.”

6. Addresses Delivered Before the Virginia State Convention, February 1861 (Richmond: Wyatt M. Elliott, 1861), “Address of Hon. Fulton Anderson, of Mississippi,” 7.

7. Orville Victor, The History, Civil, Political and Military, of the Southern Rebellion (New York: James D. Torrey, 1861), 1:194, Florida, “Preliminary Resolution Prior to Secession,” January 7, 1861.

8. Victor, The History (1861) 1:195, “An Ordinance to dissolve the union between the State of Alabama and the other States united under the compact styled ‘The Constitution of the United States of America,’” January 11, 1861.

9. “A Declaration of the Causes which Impel the State of Georgia to Secede from the Federal Union, January 29, 1861.”

10. Dred Scott v. Sanford, 60 U. S. 393, at 449-52 (1856). The Dred Scott decision is arguably the first example of judicial activism by the Supreme Court: it struck down the congressional law of 1820 prohibiting the extension of slavery into certain federal territories.

11. Thomas Hudson McKee, The National Conventions and Platforms of All Political Parties, 1789-1905 (New York: Burt Franklin, 1906), 98, Republican Platform of 1856.

12. See, for example, the Democrat Platform following the Dred Scott decision; not only was there no condemnation of decision, but the platform instead declared: “The Democrat Party will abide by the decision of the Supreme Court of the United States upon these questions of constitutional law.” McKee, Platforms, 108.

13. See, for example, the Democrat Platform of 1856 declaring: “That Congress has no power under the Constitution, to interfere with or control the domestic institutions of the several States. . . . [And] the Democratic party will resist all attempts at renewing, in Congress or out of it, the agitation of the slavery question under whatever shape or color the attempt may be made. . . . [T]he only sound and safe solution of the ‘slavery question.’ . . . [is] non-interference by Congress with slavery in state and territory, or in the District of Columbia.” McKee, Platforms, 91-92.

14. See, for example, the Democrat Platform of 1856 declaring: “All efforts of the abolitionists, or others, made to induce Congress to interfere with questions of slavery, or to take incipient steps in relation thereto, are calculated to lead to the most alarming and dangerous consequences; and that all such efforts have an inevitable tendency to diminish the happiness of the people and endanger the stability and permanency of the Union.” McKee, Platforms, 91.

15. “Civil War Era: Mayor Wood’s Recommendation of the Secession of New York City,” TeachingAmericanHistory.org, January 6, 1861.

16. The Union! It’s Dangers! And How they can be Averted. Letters from Samuel J. Tilden to Hon. William Kent (New York: 1860), 14-15.

17. William P. Rogers, The Three Secession Movements in the United States (Boston: John Wilson and Son, 1876), 16-17, quoting an editorial in the New York World, September 1, 1864, “The Democratic Platform.”

18. Addresses Delivered Before the Virginia State Convention, February 1861 (Richmond: Wyatt M. Elliott, 1861), “Address of Hon. Henry L. Benning, of Georgia,” 21.

19. Journal of the Secession Convention of Texas, ed. E. W. Winkler (Austin Printing Company, 1912), 122-123, address of George Williamson, Commissioner from Louisiana, February 11, 1861.

20. “A Declaration of the Causes which Impel the State of Texas to Secede from the Federal Union, February 2, 1861.”

21. “An Ordinance to repeal the ratification of the Constitution of the United State of America by the State of Virginia, April 17, 1861.”

22. Southern Pamphlets on Secession, November 1860 – April 1861, ed. Jon Wakelyn (Chapel Hill: University of North Carolina Press, 1996), 334, 338, “State or Province? Bond or Free?” by Albert Pike, March 4, 1861.

23. Congressional Globe, 36th Congress, 2nd Session (Washington: Congressional Globe Office, 1861), 589, January 28, 1861; Thomas Ricaud Martin, The Great Parliamentary Battle and the Farewell Addresses of Southern Senators on the Eve of the Civil War (New York and Washington: Neale Publishing Co., 1905), 214, farewell speech of Alfred Iverson, January 28, 1861.

24. Congressional Globe, 36th Congress, 2nd Session (1861), 268-270, January 7, 1861; Martin, The Great Parliamentary Battle (1905), 148-152, 167, 169, 170-171, 172, farewell speech of Robert Toombs, January 7, 1861.

25. Congressional Globe, 36th Congress, 2nd Session (1861), 486, January 21, 1861; Martin, The Great Parliamentary Battle (1905), 202, 204, farewell speech of Clement Clay, January 21, 1861.

26. Congressional Globe, 36th Congress, 2nd Session (1861), 721, February 4, 1861; Martin, The Great Parliamentary Battle (1905), 222-223, farewell speech of John Slidell, February 4, 1861.

27. The Secession Crisis, 1860-1861, ed. P. J. Staudenraus (Chicago: Rand McNally, 1963), 16-18, speech of William Yancey, delivered at Columbus, Georgia, in 1855.

28. Congressional Globe, 36th Congress, 2nd Session (1861), p. 238, January 3, 1861; Martin, The Great Parliamentary Battle (1905), 222-223, speech of Judah P. Benjamin, January 3, 1861.

29. William J. Jackman, History of the American Nation (Chicago: K Gaynor, 1911), 4:1124.

30. “Constitution of the Confederate States; March 11, 1861,” Avalon Project; Edward McPherson, The Political History of the United States of America During the Great Rebellion (Washington: Philip & Solomons, 1865), 98-99.

31. Echoes From The South (New York: E. B. Treat & Co., 1866), 85; The Pulpit and Rostrum: Sermons, Orations, Popular Lectures, &c. (New York: E. D. Barker, 1862), 69-70, “African Slavery, the Cornerstone of the Southern Confederacy,” by Alexander Stephens, Vice President of the Confederacy.

32. Echoes From The South (1866), 85-86; The Pulpit and Rostrum (1862), 69-70, “African Slavery, the Cornerstone of the Southern Confederacy,” by Alexander Stephens, Vice President of the Confederacy.

33. Mike Scruggs, “Understanding the Causes of the Uncivil War,” Georgia Heritage Council, June 4, 2005; Charles Oliver, “Southern Nationalism – United States Civil War,” Reason, August, 2001, where he is talking about Charles Adams viewing “the Civil War as a fight about taxes, specifically tariffs.”

34. “A Declaration of the Immediate Causes which Induce and Justify the Secession of the State of Mississippi from the Federal Union,” January 9, 1861.

35. Journal of the Secession Convention of Texas, ed. E. W. Winkler (Austin Printing Company, 1912),122-123, address of George Williamson, Commissioner from Louisiana, February 11, 1861.

36. “A Declaration of the Causes which Impel the State of Texas to Secede from the Federal Union, February 2, 1861.”

37. “Georgia Declaration of Secession,” January 29, 1861.

38. Edward McPherson, The Political History of the United States of America During the Great Rebellion (Washington: Philip & Solomons, 1865), 15, “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union,” December 24, 1860.

39. Plaque from the Children of the Confederacy hanging inside the Texas State Capitol. See also “Children of the Confederacy: Creed,” United Daughters of the Confederacy.

Federal Judges: Demigods?

By David Barton

You may recall pictures of Supreme Court Justice Ruth Bader Ginsburg sitting on the front row in Congress sleeping during President Obama’s State of the Union Address. News later broke explaining why: “I wasn’t 100% sober.”1

A State of the Union message is a constitutionally-mandated duty (Article II, Section 3), and for those who respect the Constitution, this address is serious stuff. But apparently not to Justice Ginsburg – which probably is not surprising given that her rulings routinely reflect a general dismissal of the Constitution and that she publicly advises leaders in other nations to seek something better than the U. S. Constitution for their country.2

Regardless, it is certain that public intoxication by a Supreme Court justice does not inspire faith in the Judiciary. Luther Martin (one of the 55 delegates who framed the U. S. Constitution) warned: “It is necessary that the supreme judiciary should have the confidence of the people,”3 and to ensure this, the Founders made certain that the federal bench could be ridded of those who embarrassed or misused it.

Citizens today might be dubious of such a statement, for we have long been told (and wrongly so) that federal judges have lifetime appointments. They do not – and it was the Founding Fathers themselves who specifically stipulated that federal judges could serve only for the duration of “good behavior” (Article III, Section 1). So as long as a judge acted right, he could stay on the bench, but if he acted otherwise he could be removed. Nowhere in the Constitution is there any mention of, much less guarantee for lifetime appointments for judges.

The first federal judge to be removed from the bench came at the behest of President Thomas Jefferson. That judge, John Pickering, was no obscure lightweight. Originally placed on the federal bench by President George Washington, Pickering had been a framer of the New Hampshire Constitution, served as the state’s governor, was selected as a delegate to frame the U. S. Constitution (but declined), and was subsequently a ratifier of the federal Constitution. So why was he removed? Among the reasons given was public intoxication (as well as a public disrespect for God).4 The Founding Fathers considered this to be bad behavior for a judge.

Don’t think I am calling for the removal of Ginsburg for her recent faux pas. Rather, I am pointing out that the current notion that federal judges are unaccountable because they have lifetime appointments is one of the greatest lies of our lifetime.

Consider historical reasons given by Congress why federal judges should be removed from the bench:

  • In 1804, Supreme Court Justice Samuel Chase was impeached for judicial high-handedness and for excluding evidence from a trial.5
  • In 1830, federal judge James H. Peck was impeached for judicial high-handedness.6
  • In 1862, federal judge West H. Humphreys was impeached for supporting the secession movement.7
  • In 1904, federal judge Charles Swayne was impeached for financial improprieties and judicial high-handedness.8
  • In 1912, federal circuit judge Robert W. Archibald was impeached for judicial high-handedness and misconduct.9
  • In 1926, federal judge George W. English was impeached for judicial high-handedness and profanity.10

Judicial high-handedness? Yes. In fact, U. S. Supreme Court Chief-Justice John Marshall observed:

[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.11

Let’s admit it. The Founding Fathers were experts on the Constitution; today’s legal professors and media pundits who claim that federal judges can only be removed for the commission of serious crimes and felonies are not. The Founders made clear that federal judges did not have lifetime appointments and were to be accountable for their behavior while on the bench.

If America ever again expects the federal courts to be just one of three so-called “co-equal” branches rather than the supreme branch they have become, then we must recover the notion that our federal judges are not unaccountable demigods.

Thomas Jefferson’s warning from two centuries ago is still very much alive for us today:

[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. 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 control. The Constitution has erected no such single tribunal.12


Endnotes

1 Richard Wolf, “Justice Ginsburg: Not ‘100% sober’ at State of the Union,” USA Today, February 13, 2015.

2Ginsburg to Egyptians: I wouldn’t use U.S. Constitution as a model,” Fox News, February 6, 2012.

3 James Madison, The Papers of James Madison…And His Reports of Debates in the Federal Convention (Washington: Langtree & O’Sullivan, 1840), Vol. II, p. 1166, July 21, 1787, Luther Martin.

4 The Debates and Proceedings in the Congress of the United States (Washington: Gales and Seaton, 1852), Eighth Congress, First Session, 322, January 4, 1803. See also John Randolph Tucker, The Constitution of the United States (Chicago: Callaghan & Co., 1899) I:421-422, § 200 (g).

5 The Debates and Proceedings in the Congress of the United States (Washington: Gales and Seaton, 1852), Eighth Congress, First Session, 272, March 13, 1804, & 1237-1240, March 26, 1804. See also Tucker, The Constitution of the United States (1899) I:422, § 200 (g).

6 Register of the Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twenty-First Congress (Washington: Gales and Seaton, 1830), VI:383, April 26, 1830 & 411-413, May 4, 1830. See also Tucker, The Constitution of the United States (1899) I:422, § 200 (g).

7 John C. Rives, The Congressional Globe: Containing the Debates and Proceedings of the Second Session of the Thirty-Seventh Congress (Washington: Congressional Globe Office, 1862), 2277, May 22, 1862. See also Floyd M. Riddick, Parliamentarian of the Senate, Procedure and Guidelines for Impeachment Trials in the United States Senate (Washington, D. C.: U. S. Government Printing Office, 1974), 13 n, May 22, 1862; Tucker, The Constitution of the United States (1899) I:422, § 200 (g).

8 Proceedings and Debates, Fifty-Eighth Congress, Third Session, XXXIX:1281-1283, January 24, 1905 (See the content of his impeachment trial). See also Floyd M. Riddick, Procedure and Guidelines for Impeachment Trials in the United States Senate (Washington, D. C.: U. S. Government Printing Office, 1974), 12 n.

9 Proceedings and Debates, Sixty-Second Congress, Second Session, XLVIII:9051-9053, July 15, 1912 (See the content of his impeachment trial). See also Riddick, Procedure and Guidelines for Impeachment Trials (1974), 12 n.

10 Proceedings and Debates, Sixty-Ninth Congress, First Session, LXVII:6:6585-6589, March 30, 1926 (See the content of his impeachment trial). See also Riddick, Procedure and Guidelines for Impeachment Trials (1974), 11 n.

11 Albert J. Beveridge, The Life of John Marshall (Boston: Houghton, Mifflin Company, 1919), III:177. See also John Marshall, The Papers of John Marshall, ed. Charles F. Hobson (Chapel Hill: University of North Carolina Press, 1990), VI:347, to Samuel Chase on January 23, 1805.

12 Thomas Jefferson, The Writings of Thomas Jefferson, ed. H. A. Washington (Washington, D.C.: Taylor & Maury, 1854), VII:178, to William Charles Jarvis on September 28, 1820.

Bob Barr Crosses the Line

Bob Barr Crosses the Line
In a July 8th debate, Congressional candidate Bob Barr accused his opponent, Barry Loudermilk, of a most serious offense. Barr claimed that Loudermilk had accepted the endorsement of a man who’s been “roundly and uniformly criticized, with facts, for taking positions that are anti-Semitic.” That same evening, Barr sent out a tweet calling Loudermilk’s endorser an “anti- Israel anti-Semitic radical.”

In most cases, such accusations should set off alarm bells in the Jewish community. But not so this time. Barr’s charges are not only false, they’re entirely backwards. This alleged hater of Israel and the Jews, David Barton, is actually one of Israel’s most important allies in America today.

The Republican Party continues to be dominated by two overlapping voting blocs: Christian conservatives and tea party conservatives. Among these groups, there are few leaders who are as influential and respected as Barton. Thus as some national figures have endeavored to turn these conservative voters against Israel, Israel’s supporters have turned to Barton for help. It is no exaggeration to say that Barton has played a pivotal role in ensuring that conservatives continue to be among the most pro-Israel voters in America.

My appreciation for David Barton comes not only from what I’ve read about him, but from long hours working with him on behalf of a strong U.S.-Israel relationship. Barton has invited me to his conferences to teach rising conservative leaders about the importance of supporting Israel. And when I’ve needed help organizing leadership missions to Israel, Barton has not only provided me with valuable contacts; he’s volunteered to join me in leading the trips.

I have traveled across Israel multiple times with David Barton. I have seen his joy at the sites of Israel’s triumphs. I’ve seen his resolve in discussions of Israel’s challenges. I’ve seen his tears at Yad Vashem. This man’s support for Israel and the Jewish people is not merely academic, it is visceral. No matter how bad things get for Israel or Jews around the world, I know that David Barton will continue to stand by our side. I wish I could say the same for other prominent leaders I’ve known.

Despite his years of hard work on behalf of Israel, Barton stands accused of anti-Semitism because back in 1991, he spoke at two events – one hosted by Scriptures for America and the other by Kingdom Covenant College – which were allegedly organized by individuals affiliated with the “Christian Identity Movement.” The Anti-Defamation League has accused the Christian Identity Movement of racism and anti-Semitism.

Barton speaks to hundreds of groups across the country every year. He had no knowledge that some involved in these two events were accused of beliefs which he so deeply abhors. Thus his appearance at these events was, at worst, a vetting failure. We should remember, however, that in the pre-Internet days of 1991 such vetting was far more difficult to do, especially with reference to a movement that is typically described as “loosely affiliated” and “shadowy.”

Such guilt by association simply doesn’t work when the nexus is so tenuous. This is exactly why earlier this month Barton won a defamation lawsuit against two Texas politicians who made a claim almost identical to Barr’s. Even Right Wing Watch – a devoted critic of Barton’s Constitutional analysis – has had the decency to note that “We have listened to literally thousands of hours of Barton’s programs and presentations and he can be justifiably criticized for a lot of things, but being anti-Semitic … should not be among them.”

Of course if anyone should be wary of guilt by association, it’s Bob Barr. In 1998 – when there was an internet for easy vetting — Barr himself spoke to a group called the Council of Conservative Citizens. The ADL has accused the CCC of having a “racist agenda.” When the Anti-Defamation league criticized Barr for this appearance, Barr apologized and claimed that he was unaware of these allegations.

While Bob Barr is spreading distortion, David Barton has been teaching truths. Barton has taught me things about the Jewish contributions to America and the American Revolution that I had never known. In fact, Barton was the one who introduced me to one of my favorite quotes from an American Founder.

On July 4, 1788 a parade was held in Philadelphia to celebrate the ratification of the Constitution. Founding father Benjamin Rush attended the parade, and he reported that a diverse group of clergy played a prominent role in its lead. In particular, Rush noted that:

Pains were taken to connect ministers of the most dissimilar religious principles together…. 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.

This vision of America which David Barton taught me is one to which he has dedicated his life. It is a vision which all Americans should hold sacred. As he flails for traction, Bob Barr should be careful to do no violence to so lofty an ideal.

The Aitken Bible and Congress

Prior to the American Revolution, the only English Bibles in the colonies were imported either from Europe or England. Publication of the Bible was regulated by the British government, and an English language Bible could not be printed without a special license from the British government; all English language Bibles had to bear the imprint of the Crown. However, other language Bibles were printed in America, including America’s first – the Eliot Bible (1661-1663), by John Eliot, the “Apostle to the Indians,” but his Bible was in the Massachusetts Indian language. Bibles could also be printed in French, Spanish, Latin, Greek, other Indian languages – just about anything but English.

Because English language Bibles could not be printed in America but had to be imported, when the Revolution began and the British began to blockade all materials coming to America, the ability to obtain such Bibles ended. Therefore, in 1777, America began experiencing a shortage of several important commodities, including Bibles. On July 7, a request was placed before Congress to print or import more, because “unless timely care be used to prevent it, we shall not have Bibles for our schools and families and for the public worship of God in our churches.”1 Congress concurred with that assessment and announced: “The Congress desire to have a Bible printed under their care and by their encouragement.”2 A special committee overseeing that project therefore recommended:

[T]he use of the Bible is so universal and its importance so great, . . . your Committee recommend that Congress will order the Committee of Commerce to import 20,000 Bibles from Holland, Scotland, or elsewhere, into the different ports of the States of the Union.3

Congress agreed with the committee’s recommendation and ordered Bibles imported.4 While those Bibles were ordered imported by Congress, there is no indication that any ever arrived.

(Interestingly, decades later in 1854, when a group claimed that the government was violating the separation of church and state by allowing government-sponsored religious activities in public, James Meacham of the House Judiciary Committee responded with a lengthy report refuting their claims. In so doing, he specifically cited that 1777 act of Congress, noting:

I do not deem it out of place to notice one act of many to show that Congress was not indifferent to the religious interests of the people and they were not peculiarly afraid of the charge of uniting Church and State. On the 11th of September, 1777, a committee having consulted with Dr. Allison [an early congressional chaplain] about printing an edition of thirty thousand Bibles, and finding that they would be compelled to send abroad for type and paper with an advance of £10,272, 10s [over $2 million in today’s currency], Congress voted to instruct the Committee on Commerce to import twenty thousand Bibles from Scotland and Holland into the different ports of the Union. The reason assigned was that the use of the book was so universal and important. Now, what was passing on that day? The army of Washington was fighting the battle of Brandywine; the gallant soldiers of the Revolution were displaying their heroic though unavailing valor; twelve hundred soldiers were stretched in death on that battlefield; Lafayette was bleeding; the booming of the cannon was heard in the hall where Congress was sitting [in Philadelphia] – in the hall from which Congress was soon to be a fugitive. At that important hour, Congress was passing an order for importing twenty thousand Bibles; and yet we have never heard that they were charged by their generation of any attempt to unite Church and State or surpassing their powers to legislate on religious matters.5)

Four years later, in January of 1781, Robert Aitken (publisher of the Pennsylvania Magazine in Philadelphia) petitioned Congress for permission to print an English-language Bible on his presses in America rather than import the Bibles. In his memorial to Congress, Aitken said “your Memorialist begs leave to, inform your Honours That he both begun and made considerable progress in a neat Edition of the Holy Scriptures for the use of schools” and went on to say “your Memorialist prays, that he may be commissioned or otherwise appointed & Authorized to print and vend Editions of, the Sacred Scriptures, in such manner and form as may best suit the wants and demands of the good people of these States.”6 Congress appointed a committee7 that was to “from time to time [attend] to his progress in the work; that they also [recommend] it to the two Chaplains of Congress to examine and give their opinion of the execution.”8 The committee, comprised of Founding Fathers James Duane, Thomas McKean, and John Witherspoon,9 reported back to Congress in September of 1782 giving its full approval. They also included assurances from the two chaplains of Congress that “Having selected and examined a variety of passages throughout the work, we are of opinion that it is executed with great accuracy as to the sense, and with as few grammatical and typographical errors as could be expected in an undertaking of such magnitude.”10 Congress gave Aitken a ringing endorsement in the form of a congressional resolution to “publish this Recommendation in the manner he shall think proper”11 to help sell and circulate the Bible. The complete text of this Congressional resolution is:

Whereupon,
RESOLVED,
THAT the United States in Congress assembled highly approve the pious and laudable undertaking of Mr. Aitken, as subservient to the interest of religion, as well as an instance of the progress of arts in this country, and being satisfied from the above report of his care and accuracy in the execution of the work, they recommend this edition of the Bible to the inhabitants of the United States, and hereby authorize him to publish this Recommendation in the manner he shall think proper.12

Robert Aitken then proceeded to print his Bible, now known as the Aitken Bible or the Bible of the Revolution. That Bible – approved by the Founding Fathers in Congress – was the first English-language Bible to be printed in America. Records show that of the 10,000 originally printed by Aitken, 30-40 total copies still exist13 (5-10 of which are in private hands); one of these existing Bibles is at WallBuilders.

(Incidentally, on May 30, 1783, the Rev. John Rodgers, a military chaplain and close friend of George Washington, suggested to his Commander-in-Chief that one of these congressionally approved Bibles be given to every member of the Continental Army. Washington was highly pleased with the suggestion but regretfully noted that Roger’s proposal had arrived too late – Congress had just disbanded the Continental Army, retaining only a skeleton force. Washington lamented:

Your proposition respecting Mr. Aitkin’s Bibles would have been particularly noticed by me – had it been suggested in season… It would have pleased me if Congress should have made such an important present to the brave fellows who have done so much for the security of their country’s rights and establishment.14)

Of this Bible, and of Congress’ direct role in its creation and distribution, one early historian observed:

Who, in view of this fact, will call in question the assertion that this is a Bible nation? Who will charge the government with indifference to religion when the first Congress of the states assumed all the rights and performed all the duties of a Bible Society long before such an institution had an existence in the world!15

You can view the Congressional actions concerning the Aitken Bible in the WallBuilders “Library” section here.


Endnotes

1 Letters of Delegates to Congress, ed. Paul H. Smith (Washington: Library of Congress, 1981), 7:311, n1.
2 Letters of Delegates, ed. Smith (1981), VII:311, “Committee on Publishing a Bible to Sundry Philadelphia Printers,” July 7, 1777.
3 Journals of the Continental Congress (Washington: Government Printing Office, 1907), VIII:734, September 11, 1777.
4 Journals of the Continental Congress (1907), VIII:735, September 11, 1777.
5 Reports of Committees of the House of Representatives, Made During the First Session of the Thirty-Third Congress (Washington: A. P. Nicholson, 1854), II:126, “Rep. No. 124: Chaplains in Congress and in the Army and Navy,” March 27, 1854.
6 The Holy Bible as Printed by Robert Aitken and Approved & Recommended by the Congress of the United States of America in 1782 (New York: Arno Press, 1968), Introduction to this Aitken Bible reprint.
7 Journals of the Continental Congress (1912), XIX:91, January 26, 1781.
8 Journals of the Continental Congress (1907), XXIII:572-573, September 12, 1782.
9 Journals of the Continental Congress (1907), XXIII:572, September 12, 1782.
10 Journals of the Continental Congress (1907), XXIII:573, September 12, 1782.
11 Journals of the Continental Congress (1907), XIII:574, September 12, 1782; The Holy Bible, Containing the Old and New Testaments (Philadelphia: Robert Aitken, 1782).
12 Journals of the Continental Congress (1907), XIII:574, September 12, 1782; The Holy Bible (1782).
13 “ The First English Language Bible Published in North America,” Library of Congress, accessed on March 29, 2012.
14 George Washington to John Rodgers on June 11, 1783, The Writings of George Washington from the Original Manuscript Sources, 1745-1799, ed. John C. Fitzpatrick (Washington: Government Printing Office, 1938), 27:1.
15 W. P. Strickland, History of the American Society from its Organization to the Present Time (New York: Harper and Brothers, 1849), 20-21.

Did George Washington Actually Say “So Help Me God” During His Inauguration?

By David Barton1

In December 2008 following the election of Barack Obama as president, noted atheist Michael Newdow filed suit to prohibit religious acknowledgments or activities from being part of the inaugural ceremonies, specifically seeking to halt the inclusion of “So help me God” as part of the presidential oath as well as halt inaugural prayers by clergy.2

Newdow has an established record of bringing suits to eradicate long-standing public religious practices, including to:

  • remove “under God” from the Pledge of Allegiance3
  • eliminate “In God We Trust” (the National Motto) from coins and currency4
  • prohibit California textbooks from mentioning Biblical events found in Genesis 1-35
  • exclude clergy prayers from presidential inaugurations6
  • reverse the time-honored tax exemptions for housing provided by churches to clergy7
  • abolish chaplains hired by Congress8

Newdow insists that his quest for a completely secular public square is based on constitutional mandates, Founding Fathers’ intent, and American history. Regarding the latter, in his 2008 lawsuit, Newdow claimed that the use of the phrase “So help me God” in presidential oaths was of relatively recent origin – that George Washington had not used the phrase and that it did not become part of legal oaths, especially for presidents, until the inauguration of President Chester A. Arthur in 1881.9 Although courts and scholars have routinely rejected Newdow’s preposterous historical assertions, this specific one, for some inexplicable reason, gained traction among some media and academics, pitting them against many distinguished historical authorities.

The Chief Historian of the United States Capitol Historical Society, the Library of Congress, the U. S. Supreme Court (and numbers of its Justices), the Joint Congressional Committee on Inaugural Ceremonies, the Architect of the Capitol, and other notables have affirmed that “so help me God” is a traditional practice dating back to George Washington. Significantly, for almost two centuries, it was universally accepted that “So help me God” had actually been said as part of the official oathtaking process, but Newdow and his fellow travelers insist that everyone except themselves has been wrong for the past two centuries.10

One of those who agrees with Newdow is Matthew Goldstein, a regular writer for atheist and secularist sites. To help prove his case, he cites with approval an article by USA Today claiming that there is “no eyewitness documentation he [Washington] ever added ‘so help me God’.”11 (So USA Today is now an authoritative historical source? Really?) Other secularist voices have joined the chorus, including attorney/writer Jim Bendat, who claims that George Washington’s use of “So help me God” is a “legend”;12 Professor Peter Henriques of George Mason University calls it a “myth,” adding that any such claim to the contrary “is almost certainly false”;13 and Charles Haynes of the First Amendment Center says that not only is it a “popular myth” but also that it’s time to completely get rid of “So help me God” as part of the oath.14

What is the historical basis for claiming that George Washington did not say “So help me God” as part of the presidential oath? According to Newdow and other critics, no records of the day specifically show Washington reciting the phrase, therefore he did not say it.

Numerous historical documents and practices disproving Newdow’s claim will be shown below, but first consider the historical unreasonableness of claiming that someone did not do something unless it is specifically written that he did so. Even Wikipedia characterizes this type of logic as an “appeal to ignorance” – an approach asserting that something is false only because it has not been proven true – that the lack of evidence for one view is substitutionary proof that another view is true.15

Consider all the inaugural absurdities that can be “proven” under the approach taken by Newdow. For example, since there is no detailed record that President James Monroe did not launch into a string of profanities at his inauguration, then he certainly must have done so; and since no one wrote on Inauguration Day 1825 that the sun rose in the east and set in the west, then it must have been otherwise. These scenarios are ridiculous, but they illustrate the inherent fallacies in the methodology used by Newdow.

Three specific strands of historical evidence will be presented below that demonstrate the absurdity of the modern claims. First, at least seven different religious activities were part of the first inauguration, thus the proceedings were indisputably heavily religiously-permeated. Second, the entirety of American legal practice at that time, including the specific stipulations of statutory law, required the phrase “So help me God” be part of any oath administered by or to government officials. Third, Washington himself, and numerous other Founding Fathers, repeatedly affirmed that an oath of office was a religious act; they explicitly rejected any notion that an oath was secular.

1. RELIGIOUS ACTIVITIES AT GEORGE WASHINGTON’S INAUGURATION

Constitutional experts abounded in 1789 at America’s first presidential inauguration. Not only was the inauguree a signer of the Constitution but one fourth of the members of the Congress that organized and directed his inauguration had been delegates with him to the Constitutional Convention that produced the Constitution.16 Furthermore, this very same Congress also penned the First Amendment and its religious clauses. Because Congress, perhaps more than any other, certainly knew what was constitutional, the religious activities that were part of the first inauguration may well be said to have had the approval and imprimatur of the greatest congressional collection of constitutional experts America has ever known.

That inauguration occurred in New York City, which served as the nation’s capital during the first year of the new federal government. The preparations had been extensive; everything had been well planned.

The papers reported on the first inaugural activity:

[O]n the morning of the day on which our illustrious President will be invested with his office, the bells will ring at nine o’clock, when the people may go up to the house of God and in a solemn manner commit the new government, with its important train of consequences, to the holy protection and blessing of the Most High. An early hour is prudently fixed for this peculiar act of devotion and . . . is designed wholly for prayer.17

As subsequent activities progressed, things seemed to be proceeding smoothly, but as the parade carrying Washington by horse-drawn carriage to the swearing-in was nearing Federal Hall, it was realized that no Bible had been obtained for administering the oath, and the law required that a Bible be part of the ceremony. Parade Marshal Jacob Morton therefore hurried off and soon returned with a large 1767 King James Bible.

The ceremony was conducted on the balcony at Federal Hall; and with a huge crowd gathered below watching the proceedings, the Bible was laid upon a crimson velvet cushion held by Samuel Otis, Secretary of the Senate. New York Chancellor Robert Livingston then administered the oath of office. (He was one of the five Founders who drafted the Declaration of Independence, but had been called back to New York to help guide his state through the Revolution before he could affix his signature to the document he had helped write. Because Livingston was the highest ranking judicial official in New York, he was chosen to administer the oath of office to President Washington.)

Standing beside Livingston and Washington were many distinguished officials, including Vice President John Adams, Supreme Court Chief Justice John Jay, Generals Henry Knox and Philip Schuyler, and several others. The Bible was opened (at random) to Genesis 49;18 Washington placed his left hand upon the open Bible, raised his right, took the oath of office, then bent over and reverently kissed the Bible. Chancellor Livingston proclaimed, “It is done!” Turning to the crowd assembled below, he shouted, “Long live George Washington – the first President of the United States!” That shout was echoed and re-echoed by the crowd. Washington and the other officials then departed the balcony and went inside Federal Hall to the Senate Chamber where Washington delivered his Inaugural Address.

In that first-ever presidential address, Washington opened with a heartfelt prayer, explaining that . . .

it would be peculiarly improper to omit in this first official act my fervent supplications to that Almighty Being Who rules over the universe, Who presides in the councils of nations, and Whose providential aids can supply every human defect – that His benediction may consecrate to the liberties and happiness of the people of the United States a government instituted by themselves for these essential purposes.19

Washington’s inaugural address was strongly religious, and he called his listeners to remember and acknowledge God:

In tendering this homage [act of worship] to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own, nor those of my fellow-citizens at large less than either. No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States. Every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of Providential Agency. . . . [and] we ought to be no less persuaded that the propitious [favorable] smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained.20

Having finished his address, Washington offered its closing prayer:

Having thus imparted to you my sentiments as they have been awakened by the occasion which brings us together, I shall take my present leave – but not without resorting once more to the benign Parent of the Human Race in humble supplication [prayer] that . . . His Divine blessing may be equally conspicuous in the enlarged views, the temperate consultations, and the wise measures on which the success of this government must depend.21

The next inaugural activities then began – activities arranged by Congress itself when the Senate directed:

That after the oath shall have been administered to the President, he – attended by the Vice-President and members of the Senate and House of Representatives – proceed to St. Paul’s Chapel to hear Divine service.22

The House had approved the same resolution,23 so the president and Congress thus went en masse to church as an official body. As affirmed by congressional records:

The President, the Vice-President, the Senate, and House of Representatives, &c., then proceeded to St. Paul’s Chapel, where Divine Service was performed by the chaplain of Congress.24

The service at St. Paul’s was conducted by The Right Reverend Samuel Provoost – the Episcopal Bishop of New York, who had been chosen chaplain of the Senate the week preceding the inauguration.25 He performed the service according to The Book of Common Prayer, including prayers taken from Psalms 144-150 and Scripture readings and Bible lessons from the book of Acts, I Kings, and the Third Epistle of John.26

(Significantly, in his lawsuit Newdow claimed not only that “So help me God” was of recent derivation but also that the “practice of including clergy to pray at presidential inaugurations began in 1937.”27 That claim, like so many of his others, is obviously wrong: the Rev. Provoost had offered clergy-led prayers during Washington’s inaugural activities a century-and-a-half before Newdow claimed they began.)

Significantly, seven distinctly religious activities were included in this first presidential inauguration that have been repeated in whole or part in every subsequent inauguration: (1) the use of the Bible to administer the oath; (2) solemnifying the oath with multiple religious expressions (placing a hand on the Bible, saying “So help me God,” and then kissing the Bible); (3) prayers offered by the president himself; (4) religious content in the inaugural address; (5) the president calling on the people to pray or acknowledge God; (6) church inaugural worship services; and (7) clergy-led prayers.

2. THE LEGAL STATUS OF OATHS AT THE TIME OF WASHINGTON’S INAUGURATION

Significantly, long before and long after the adoption of the Constitution, the legal requirements for oathtaking specifically stipulated that “So help me God!” be part of the official oath of all legal process, whether the oaths were taken by elected officials, appointed judges, jurors, or witnesses in a court of law.

This fact is readily demonstrated by a survey of existing laws at the time – such as those of CONNECTICUT (which will be seen were reflective of what was typical in the other states). Connecticut’s original 1639 legal code governing its very first election required that elected officials were to “swear by the great and dreadful name of the everliving God . . . so help me God, in the name of the Lord Jesus Christ.”28 When new oath laws were subsequently passed in 1718, 1726, 1731, 1742, etc., all retained the same general form, including the mandatory use of “So help me God.” Those same provisions were retained long after the federal Constitution was adopted.29

GEORGIA required that elected officials, judges, jurors, and witnesses take their oath “in the presence of Almighty God . . . so help me God,” and not only that they take their oath on the Bible but specifically “on the holy evangelists of Almighty God.”30 (Like the other states, this provision was the same long before and after the adoption of the federal Constitution.)

NORTH CAROLINA required “the party to be sworn to lay his hand upon the Holy Evangelists of Almighty God . . . and after repeating the words, ‘So help me God,’ shall kiss the Holy Gospels.”31 In SOUTH CAROLINA, officials were also required to take their “oath on the Holy Evangelists of Almighty God.”32

Other states had similar requirements, but consider those in place in NEW YORK when President Washington was sworn in by the state’s top judicial official. At that time, New York law required that “the usual mode of administering oaths” be followed (i.e., “So help me God”) and that the person taking the oath place his hand upon the Gospels and then kiss the Gospels at the conclusion of the oath.33 (Like the other states, these provisions remained the legal standard long after the inauguration.34)

Standard oath forms, both state and federal, still in use even decades after Washington’s inauguration, retained those phrases. See some examples below – and notice that each is from a period decades prior to the time that Newdow claims the practice began:

sohelpmegod1

sohelpmegod2sohelpmegod3

(These are just a few of the many original oath-related documents personally owned by the author;
countless others are found in the records of the Library of Congress)

Clearly, using the phrase “So help me God” (as well as placing one’s hand on and then kissing the Bible) was established legal practice throughout the Founding Era.

No one disputes that Washington placed his hand on the Bible or that he kissed it, so why is it now claimed that he did not say “So help me God”? Are critics saying that Washington would not have done the easiest of the three legally required parts of oathtaking? Or would they prefer that officials stop saying “So help me God” but kiss the Bible instead? Their argument is ludicrous. Furthermore, the omission of “So help me God” from the oathtaking ceremony in the Founding Era would have been a clear and obvious aberration from established legal practice of the day, therefore it is the omission of that phrase rather than its inclusion that would have been particularly noticed and commented upon by observers; but such an omission was never mentioned by any witness.

3. THE FOUNDING FATHERS’ VIEWS:
WERE OATHS INHERENTLY RELIGIOUS OR INHERENTLY SECULAR?

Five locations in the U. S. Constitution address oaths to be taken by federal officials. As has already been shown, oath clauses were not a unique or original innovation of the federal Constitution but were already in use in each of the states and the national Congress long before the Constitution was written and remained in force long thereafter.

Significantly, every existing law or legal commentary from before, during, and after the writing of the Constitution unanimously affirmed that the taking of any oath by any public official was always an inherently religious activity; and numerous Framers and early legal scholars agreed (emphasis added in each quote):

[An] oath – the strongest of religious ties.35 JAMES MADISON, SIGNER OF THE CONSTITUTION

[In o]ur laws . . . by the oath which they prescribe, we appeal to the Supreme Being so to deal with us hereafter as we observe the obligation of our oaths. The Pagan world were and are without the mighty influence of this principle which is proclaimed in the Christian system.36 RUFUS KING, SIGNER OF THE CONSTITUTION, FRAMER OF THE BILL OF RIGHTS

Oaths in this country are as yet universally considered as sacred obligations.37 JOHN ADAMS, SIGNER OF THE DECLARATION, FRAMER OF THE BILL OF RIGHTS

An oath is an appeal to God, the Searcher of Hearts, for the truth of what we say and always expresses or supposes an imprecation [calling down] of His judgment upon us if we prevaricate [lie]. An oath, therefore, implies a belief in God and His Providence and indeed is an act of worship. . . . In vows, there is no party but God and the person himself who makes the vow.38 JOHN WITHERSPOON, SIGNER OF THE DECLARATION

The Constitution enjoins an oath upon all the officers of the United States. This is a direct appeal to that God Who is the avenger of perjury. Such an appeal to Him is a full acknowledgment of His being and providence.39 OLIVER WOLCOTT, SIGNER OF THE DECLARATION, GOVERNOR

According to the modern definition [1788] of an oath, it is considered a “solemn appeal to the Supreme Being for the truth of what is said by a person who believes in the existence of a Supreme Being and in a future state of rewards and punishments . . .”40 JAMES IREDELL, RATIFIER OF THE CONSTITUTION, U. S. SUPREME COURT JUSTICE APPOINTED BY GEORGE WASHINGTON

The Constitution had provided that all the public functionaries of the Union not only of the general [federal] but of all the state governments should be under oath or affirmation for its support. The homage of religious faith was thus superadded to all the obligations of temporal law to give it strength.41 JOHN QUINCY ADAMS, PRESIDENT

“What is an oath?” . . . [I]t is founded on a degree of consciousness that there is a Power above us that will reward our virtues or punish our vices. . . . [O]ur system of oaths in all our courts, by which we hold liberty and property and all our rights, are founded on or rest on Christianity and a religious belief.42 DANIEL WEBSTER, “DEFENDER OF THE CONSTITUTION”

There are many other similar declarations.43 And America’s leading legal authorities and reference sources likewise affirmed that taking an oath was a religious activity. For example, in 1793, Zephaniah Swift, author of America’s first law book, declared:

An oath is a solemn appeal to the Supreme Being that he who takes it will speak the truth, and an imprecation of His vengeance if he swears false.44

In 1816, Chancellor James Kent, considered to be one of the two “Fathers of American Jurisprudence,” noted that an oath of office was a “religious solemnity” and that to administer an oath was “to call in the aid of religion.”45

In 1828, Founding Father Noah Webster, an attorney and a judge, defined an “oath” as:

A solemn affirmation or declaration made with an appeal to God for the truth of what is affirmed. The appeal to God in an oath implies that the person imprecates [calls down] His vengeance and renounces His favor if the declaration is false, or (if the declaration is a promise) the person invokes the vengeance of God if he should fail to fulfill it.46

In 1834, a popular judicial handbook declared:

Judges, justices of the peace, and all other persons who are or shall be empowered to administer oaths shall . . . require the party to be sworn to lay his hand upon the Holy Evangelists of Almighty God in token of his engagement to speak the truth as he hopes to be saved in the way and method of salvation pointed out in that blessed volume; and in further token that if he should swerve from the truth, he may be justly deprived of all the blessings of the Gospels and be made liable to that vengeance which he has imprecated on his own head; and after repeating the words, “So help me God,” shall kiss the holy Gospels as a scale of confirmation to said engagement.47

In 1839, Bouvier’s Law Dictionary, considered one of America’s most popular law dictionaries (and still widely used by courts even today), stated that an oath was:

[A] religious act by which the party invokes God not only to witness the truth and sincerity of his promise but also to avenge his imposture or violated faith. . . . . Oaths are taken in various forms; the most usual is upon the Gospel by taking the book [the Bible] in the hand; the words commonly used are, “You do swear that,” &c., “so help you God,” and then kissing the book. . . . Another form is by the witness or party promising, holding up his right hand while the officer repeats to him, “You do swear by Almighty God, the searcher of hearts, that,” &c., “And this as you shall answer to God at the great day.”48

In 1854, the House Judiciary Committee affirmed:

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.49

Early legal historian James Tyler penned an extensive work on the historical and legal nature and form of oaths and concluded:

The object of the form of adjuration [oath] should be to point out this: to show that we are not calling the attention of God to man, but the attention of man to God. . . . [T]he mode now universally adopted among us is imprecatory – the invoking of God’s vengeance in case we do not fulfill our engagement to speak the truth, or perform the specific duty, “So help me God.”50

Significantly, courts had agreed with the conclusions of the Founding Fathers and early legal authorities, issuing numerous declarations making the same affirmations.51 Even school textbooks in that day taught students that in the American constitutional process, an oath was always a religious act.52

Additional sources could be cited, but the evidence is unequivocal that the taking of an oath was universally considered to be a religious activity. For this reason a secular oath was not admissible before a court of law,53 and well into the latter half of the twentieth century, even the U. S. Supreme Court continued to reaffirm the religious nature of oaths.54 After all, as one early court noted, to remove the religious meaning of oaths and to exclude the Bible on which they were sworn would make “an oath . . . a most idle ceremony.”55

Returning to Washington’s inauguration, he took the presidential oath of office as prescribed in Article II of the Constitution – an oath he had helped write:

I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

Why was the phrase “So help me God” not specifically included in the Constitution as part of the prescribed wording? Because to have added it would have been redundant: that phrase, as well as placing one’s hand on and then kissing the Bible, was already standard legal practice; there was no reason to duplicate in the Constitution what was already universally required both by law and tradition.

Significantly, Washington was so concerned that the oathtaking process remain inherently religious that in his famous Farewell Address at the end of his presidency, he pointedly warned Americans to never let it become secular:

[W]here is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths . . . ?56

— — — ◊ ◊ ◊ — — —
The evidence is clear that the legal requirements for the performance of oaths long before and after the adoption of the Constitution stipulated that “So help me God!” be part of the legal process. In the critics’ attempts to weaken the religious nature of the oath by suggesting the absence of “So help me God” from Washington’s inauguration, they have actually strengthened the case that the phrase was indeed used by providing the opportunity to unequivocally demonstrate that (1) the laws and legal practices at that time required that religious acknowledgment and phraseology be part of the oathtaking process, and (2) George Washington and the other Founders saw an oath as inherently religious and would have reprobated any attempt to make it secular.


Endnotes

1 David Barton is the President of WallBuilders, a national pro-family organization that presents America’s forgotten history and heroes, with an emphasis on our moral, religious and constitutional heritage. Barton is the author of numerous best-selling books, with the subjects being drawn largely from his massive library of tens of thousands of original writings from the Founding Era. His exhaustive research has rendered him an expert in historical and constitutional issues. He serves as a consultant to state and federal legislators, has participated in several cases at the Supreme Court, was involved in the development of History/Social Studies standards for public schools in numerous states, and has helped produce history textbooks now used in schools across the nation. David has received numerous national and international awards, including multiple Who’s Who in Education, DAR’s Medal of Honor, and the George Washington Honor Medal from the Freedoms Foundation at Valley Forge.

2 Newdow v. Roberts, 603 F.3d 1002, Ct. of Appeals, Dist. of Columbia (2010).

3 Elk Gove Unified School District v. Newdow, 542 U.S. 1 (2004).

4 Newdow v. Lefevre, 598 F.3d 638, Ct. of Appeals, 9th Cir. (2010).

5 “Michael Newdow Joins CAPEEM’s Legal Team,” December 17, 2007, Capeem.org.

6 Newdow v. Roberts, 603 F.3d 1002, Ct. of Appeals, Dist. of Columbia (2010).

7 “FFRF v. Geithner Parsonage Exemption,” Freedom from Religion Foundation, accessed on November 23, 2011.

8 Newdow v. Eagen, 309 F. Supp. 2d 29, Dist. Court of Columbia (2004).

9 See, for example, Newdow v. Roberts, Complaint 1:08-cv-02248-RBW (2008). See also Cathy Lynn Grossman, “No proof Washington said ‘so help me God’ – will Obama,” USA Today, January 9, 2009.

10 “So Help Me God in Presidential Oaths,” nonbeliever.org, accessed November 23, 2011.

11 Cathy Lynn Grossman, “No proof Washington said ‘so help me God’ — will Obama?” January 9, 2009, USA Today.

12 Jim Bendat, Democracy’s Big Day: The Inauguration of our President 1789-2009 (New York: iUniverse Star, 2008), 21.

13 Peter R. Henriques, “ ‘So Help Me God’: A George Washington Myth that Should Be Discarded,” January 12, 2009, History News Network.

14 Charles C. Haynes, “Inside the First Amendment: Are ‘so help me God,’ inaugural prayer still appropriate?” January 18, 2009, First Amendment Center.

15 “Argument from Ignorance,” Wikipedia, accessed November 23, 2011.

16 Significantly, many of the U. S. Senators at the first Inauguration had been delegates to the Constitutional Convention that framed the Constitution including William Samuel Johnson, Oliver Ellsworth, George Read, Richard Bassett, William Few, Caleb Strong, John Langdon, William Paterson, Robert Morris, and Pierce Butler; and many members of the House had been delegates to the Constitutional Convention, including Roger Sherman, Abraham Baldwin, Daniel Carroll, Elbridge Gerry, Nicholas Gilman, Hugh Williamson, George Clymer, Thomas Fitzsimmons, and James Madison.

17 The Daily Advertiser (New York: April 23, 1789), 2.

18 Clarence W. Bowen, The History of the Centennial Celebration of the Inauguration of George Washington (New York, D. Appleton & Co., 1892), 52, Illustration; “The George Washington Inaugural Bible,” National Park Service, accessed June 24, 2025.

19 The Debates and Proceedings in the Congress of the United States, ed. Joseph Gales (Washington: Gales & Seaton, 1834), I:27; George Washington, Messages and Papers of the Presidents, ed. James D. Richardson (Washington, D.C.: 1899), 1:44-45, April 30, 1789.

20 Debates and Proceedings, ed. Gales (1834), I:27-29, April 30, 1789.

21 Debates and Proceedings, ed. Gales (1834), I:27-29, April 30, 1789.

22 Debates and Proceedings, ed. Gales (1834), I:25, April 27, 1789.

23 Debates and Proceedings, ed. Gales (1834), I:241, April 29, 1789.

24 Debates and Proceedings, ed. Gales (1834), I:29, April 30, 1789.

25 Bowen, History of the Centennial (1892), 54; “About the Senate Chaplain,” United States Senate, accessed June 24, 2025.

26 Book of Common Prayer (Oxford: W. Jackson & A. Hamilton, 1784), s.v., April 30th.

27 Newdow v. Roberts, Complaint 1:08-cv-02248-RBW (2008).

28 R.R. Hinman, A.M., Letters From the English Kings and Queens, Charles II, James II, William and Mary, Anne, George II, &C., To the Governors of the Colony of Connecticut, Together With the Answers Thereto, From 1635 to 1749; And Other Original, Ancient, Literary and Curious Documents, Compiled From Files and Records in the Office of the Secretary of the State of Connecticut (Hartford: John B. Eldredge, Printer, 1836), 26-28.

29 The Public Statute Laws of the State of Connecticut (Hartford: Hudson and Goodwin, 1808), 535, Title CXXII: Oaths, Ch. 1, Sec. 6, law passed in May, 1742; 540, Title CXXII: Oaths, Ch. 1, Sec. 25, law passed in May, 1726; 541, Title CXXII: Oaths, Ch. 1, Sec. 30 & 32, law passed in May, 1718.

30 “An Act for the case of Dissenting Protestants, within this province, who may be scrupulous of taking an oath, in respect to the manner and form of administering the same,” passed December 13, 1756, Oliver H. Prince, A Digest of the Laws of the State of Georgia (Milledgeville: Grantland & Orme, 1822), 3.

31 “Oaths and Affirmations. 1777,” John Haywood, A Manual of the Laws of North Carolina (Raleigh: J. Gales, 1814), 34.

32 Joseph Brevard, An Alphabetical Digest of the Public Statue Law of South Carolina (Charleston: John Hoff, 1814), II:86, “Oaths-Affirmations.”

33 Laws of the State of New- York (New York: Thomas Greenleaf, 1798), 21, “Chap. XXV: An Act to dispense with the usual mode of administering oaths, in favor of persons having conscientious scruples respecting the same, Passed 1st of April, 1778”; James Parker, Conductor Generalis: Or the Office, Duty and Authority of the Justices of the Peace (New York: John Patterson, 1788), 302-304, “Of oaths in general.”

34 George C. Edward, A Treatise on the Powers and Duties of Justices of the Peace and Town Officers, in the State of New York (Ithaca: Mack, Andrus & Woodruff, 1836), 91, “Of the proceedings on the trial.”

35 James Madison, observations by Madison on the vices of the political system of the United States, April 23, 1787, The Writings of James Madison, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1901), 2:367.

36 Rufus King, October 30, 1821, Reports of the Proceedings and Debates of the Convention of 1821, Assembled for the Purpose of Amending The Constitution of the State of New York (Albany: E. and E. Hosford, 1821), 575.

37 John Adams to the Officers of the First Brigade of the Third Division of the Militia of Massachusetts, October 11, 1798, The Works of John Adams, ed. Charles Francis Adams (Boston: Little, Brown and company, 1854), IX:229.

38 John Witherspoon, “Lectures on Moral Philosophy,” The Works of John Witherspoon (Edinburgh: J. Ogle, 1815), VII:139, 142.

39 Oliver Wolcott, January 9, 1788, Jonathan Elliot, The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Washington: Printed for the Editor, 1836), II:202.

40 James Iredell, July 30, 1788, Elliot, Debates (1836), IV:196.

41 John Quincy Adams, The Jubilee of the Constitution (New York: Samuel Colman, 1839), 62.

42 Daniel Webster, Mr. Webster’s Speech in Defense of the Christian Ministry and in Favor of the Religious Instruction of the Young, Delivered in the Supreme Court of the United States, February 10, 1844, in the Case of Stephen Girard’s Will (Washington: Gales and Seaton, 1844), 43, 51.

43 See, for example, Zephaniah Swift, A System of Laws of the State of Connecticut (Windham: John Byrne, 1796), II:238; Jacob Rush, Charges and Extracts of Charges on Moral and Religious Subjects (Philadelphia Geo Forman, 1804), 34-35, 37, 40; Daniel Webster, Speech in Defence of the Christian Ministry (1844), 43, 5; From an original document in our possession, executed by John Hart on March 24, 1757; Updegraph v. The Commonwealth, 11 S. & R. 394 (Sup. Ct. Pa. 1824); City Council of Charleston v. S.A. Benjamin, 2 Strob. 508, 522-524 (Sup. Ct. S.C. 1846).

44 Swift, System of Laws (1796), II:238.

45 James Kent, Memoirs and Letters of James Kent, ed. William Kent (Boston: Little, Brown, and Company, 1898), 164.

46 Noah Webster, A Dictionary of the English Language (New York: S. Converse, 1828), s.v. “oath.”

47 James Coffield Mitchell, The Tennessee Justice’s Manual and Civil Officer’s Guide (Nashville: Mitchell and C. C. Norvell, 1834), 457-458.

48 John Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union (Philadelphia: T. & J. W. Johnson, 1839), s.v. “oath.”

49 “Rep. No. 124. Chaplains in Congress and in the Army and Navy,” March 27, 1854, Reports of Committees of the House of Representatives Made During the First Session of the Thirty-Third Congress (Washington: A. O. P. Nicholson, 1854), 8.

50 James Endell Tyler, Oaths; Their Origin, Nature, and History (London: John W. Parker, 1834), 14, 57.

51 See, for example, People v. Ruggles, 8 Johns 545, 546 (1811); Commonwealth v. Wolf, 3 Serg. & R. 48, 50 (1817); City Council of Charleston v. S.A. Benjamin, 2 Strob. 508, 522-524 (Sup. Ct. S.C. 1846); and many others.

52 William Sullivan, The Political Class Book (Boston: Richardson, Lord, and Holbrook, 1831), 139, §392.

53 Alexis de Tocqueville, The Republic of the United States of American and Its Political Institutions, Reviewed and Examined, trans. Henry Reeves (Garden City, NY: A. S. Barnes & Co., 1851), I:334, 344n. See also Daniel Webster, Speech in Defence of the Christian Ministry (1844), 43; Joseph Story, Life and Letters of Joseph Story, ed. William W. Story (Boston: Charles C. Little and James Brown, 1851), II:8-9; Swift, System of Laws (1796), II:238.

54 Abington v. Schempp, 374 U.S. 203 (1963).

55 Updegraph v. The Commonwealth, 11 S. & R. 394 (Sup. Ct. Pa. 1824).

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

John Locke – A Philosophical Founder of America

John Locke (1632-1704) is one of the most important, but largely unknown names in American history today. A celebrated English philosopher, educator, government official, and theologian, it is not an exaggeration to say that without his substantial influence on American thinking, there might well be no United States of America today – or at the very least, America certainly would not exist with the same level of rights, stability of government, and quality of life that we have enjoyed for well over two centuries.

Historians – especially of previous generations – were understandably effusive in their praise of Locke. For example:

  • In 1833, Justice Joseph Story, author of the famed Commentaries on the Constitution, described Locke as “a most strenuous asserter of liberty”1 who helped establish in this country the sovereignty of the people over the government,2 majority rule with minority protection,3 and the rights of conscience.4
  • In 1834, George Bancroft, called the “Father of American History,” described Locke as “the rival of ‘the ancient philosophers’ to whom the world had ‘erected statues’,”5 and noted that Locke esteemed “the pursuit of truth the first object of life and . . . never sacrificed a conviction to an interest.”6
  • In 1872, historian Richard Frothingham said that Locke’s principles – principles that he said were “inspired and imbued with the Christian idea of man” – produced the “leading principle [of] republicanism” that was “summed up in the Declaration of Independence and became the American theory of government.”7
  • In the 1890s, John Fiske, the celebrated nineteenth-century historian, affirmed that Locke brought to America “the idea of complete liberty of conscience in matters of religion” allowing persons with “any sort of notion about God” to be protected “against all interference or molestation,”8 and that Locke should “be ranked in the same order with Aristotle.”9

Such acknowledgments continued across the generations; and even over the past half century, U. S. presidents have also regularly acknowledged America’s debt to John Locke:

  • President Richard Nixon affirmed that “John Locke’s concept of ‘life, liberty and property’” was the basis of “the inalienable rights of man” in the Declaration of Independence.10
  • President Gerald Ford avowed that “Our revolutionary leaders heeded John Locke’s teaching ‘Where there is no law, there is no freedom’.”11
  • President Ronald Reagan confirmed that much in America “testif[ies] to the power and the vision of free men inspired by the ideals and dedication to liberty of John Locke . . .”12
  • President Bill Clinton reminded the British Prime Minister that “Throughout our history, our peoples have reinforced each other in the living classroom of democracy. It is difficult to imagine Jefferson, for example, without John Locke before him.”13
  • President George W. Bush confessed that “We’re sometimes faulted for a naive faith that liberty can change the world, [but i]f that’s an error, it began with reading too much John Locke . . .”14

The influence of Locke on America was truly profound; he was what we now consider to be a renaissance man – an individual skilled in numerous areas and diverse subjects. He had been well-educated and received multiple degrees from some of the best institutions of his day, but he also pursued extensive self-education in the fields of religion, philosophy, education, law, and government – subjects on which he authored numerous substantial works, most of which still remain in print today more than three centuries after he published them.

In 1689, Locke penned his famous Two Treatises of Government. The first treatise (i.e., a thorough examination) was a brilliant Biblical refutation of Sir Robert Filmer’s Patriarcha in which Filmer had attempted to produce Biblical support for the errant “Divine Right of Kings” doctrine. Locke’s second treatise set forth the fundamental principles defining the proper role, function, and operation of a sound government. Significantly, Locke had ample opportunity to assert such principles, for he spent time under some of England’s worst monarchs, including Charles I, Charles II, and James II.

In 1664, Locke penned “Questions Concerning the Law of Nature” in which he asserted that human reason and Divine revelation were fully compatible and were not enemies – that the Law of Nature actually came from God Himself. (This work was not published, but many of its concepts appeared in his subsequent writings.)

In 1667, he privately penned his “Essay Concerning Toleration,” first published in 1689 as A Letter Concerning Toleration. This work, like his Two Treatises, was published anonymously, for it had placed his very life in danger by directly criticizing and challenging the frequent brutal oppression of the government-established and government-run Church of England. (Under English law, the Anglican Church and its 39 Doctrinal Articles were the measure for all religious faith in England; every citizen was required to attend an Anglican Church. Dissenters who opposed those Anglican requirements were regularly persecuted or even killed. Locke objected to the government establishing specific church doctrines by law, argued for a separation of the state from the church, and urged religious toleration for those who did not adhere to Anglican doctrines.) When Locke’s position on religious toleration was attacked by defenders of the government-run church, he responded with A Second Letter Concerning Toleration (1690), and then A Third Letter for Toleration (1692) – both also published anonymously.

In 1690, Locke published his famous Essay Concerning Human Understanding. This work resulted in his being called the “Father of Empiricism,” which is the doctrine that knowledge is derived primarily from experience. Rationalism, on the other hand, places reason above experience; and while Locke definitely did not oppose reason, his approach to learning was more focused on the practical, whereas rationalism was more focused on the theoretical.

In 1693, Locke published Some Thoughts Concerning Education. Originally a series of letters written to his friend concerning the education of a son, in them Locke suggested the best ways to educate children. He proposed a three-pronged holistic approach to education that included (1) a regimen of bodily exercise and maintenance of physical health (that there should be “a sound mind in a sound body”15), (2) the development of a virtuous character (which he considered to be the most important element of education), and (3) the training of the mind through practical and useful academic curriculum (also encouraging students to learn a practical trade). Locke believed that education made the individual – that “of all the men we meet with, nine parts of ten are what they are, good or evil, useful or not, by their education.”16 This book became a run-away best-seller, being printed in nearly every European language and going through 53 editions over the next century.

Locke’s latter writings focused primarily on theological subjects, including The Reasonableness of Christianity as Delivered in the Scriptures (1695), A Vindication of the Reasonableness of Christianity (1695), A Second Vindication of the Reasonableness of Christianity (1697), A Common-Place-Book to the Holy Bible (1697), which was a re-publication of what he called Graphautarkeia, or, The Scriptures Sufficiency Practically Demonstrated (1676), and finally A Paraphrase and Notes on the Epistles of St. Paul to the Galatians, 1 and 2 Corinthians, Romans, Ephesians (published posthumously in 1707).

In his Reasonableness of Christianity, Locke urged the Church of England to reform itself so as to allow inclusion of members from other Christian denominations – i.e., the Dissenters. He recommended that the Church place its emphasis on the major things of Christianity (such as an individual’s relationship with Jesus Christ) rather than on lesser things (such as liturgy, church hierarchy and structure, and form of discipline). That work also defended Christianity against the attacks of skeptics and secularists, who had argued that Divine revelation must be rejected because truth could be established only through reason.

(While these are some of Locke’s better known works, he also wrote on many other subjects, including poetry and literature, medicine, commerce and economics, and even agriculture.)

The impact of Locke’s writings had a direct and substantial influence on American thinking and behavior in both the religious and the civil realms – an influence especially visible in the years leading up to America’s separation from Great Britain. In fact, the Founding Fathers openly acknowledged their debt to Locke:

  • John Adams praised Locke’s Essay on Human Understanding, openly acknowledging that “Mr. Locke . . . has steered his course into the unenlightened regions of the human mind, and like Columbus, has discovered a new world.”17
  • Declaration signer Benjamin Rush said that Locke was not only “an oracle as to the principles . . . of government”18 (an “oracle” is a wise authority whose opinions are not questioned) but that in philosophy, he was also a “justly celebrated oracle, who first unfolded to us a map of the intellectual world,”19 having “cleared this sublime science of its technical rubbish and rendered it both intelligible and useful.”20
  • Benjamin Franklin said that Locke was one of “the best English authors” for the study of “history, rhetoric, logic, moral and natural philosophy.”21
  • Noah Webster, a Founding Father called the “Schoolmaster to America,” directly acknowledged Locke’s influence in establishing sound principles of education.22
  • James Wilson (a signer of the Declaration and the Constitution, and an original Justice on the U. S. Supreme Court) declared that “The doctrine of toleration in matters of religion . . . has not been long known or acknowledged. For its reception and establishment (where it has been received and established), the world has been thought to owe much to the inestimable writings of the celebrated Locke…”23
  • James Monroe, a Founding Father who became the fifth President of the United States, attributed much of our constitutional philosophy to Locke, including our belief that “the division of the powers of a government . . . into three branches (the legislative, executive, and judiciary) is absolutely necessary for the preservation of liberty.”24
  • Thomas Jefferson said that Locke was among “my trinity of the three greatest men the world had ever produced.”25

And just as the Founding Fathers regularly praised and invoked John Locke, so, too, did numerous famous American ministers in their writings and sermons.26 Locke’s influence was substantial; and significantly, the closer came the American Revolution, the more frequently he was invoked.

For example, in 1775, Alexander Hamilton recommended that anyone wanting to understand the thinking in favor of American independence should “apply yourself without delay to the study of the law of nature. I would recommend to your perusal . . . Locke.”27

And James Otis – the mentor of both Samuel Adams and John Hancock – affirmed that:

The authority of Mr. Locke has . . . been preferred to all others.28

Locke’s specific writing that most influenced the American philosophy of government was his Two Treatises of Government. In fact, signer of the Declaration Richard Henry Lee saw the Declaration of Independence as being “copied from Locke’s Treatise on Government29– and modern researchers agree, having authoritatively documented that not only was John Locke one of three most-cited political philosophers during the Founding Era30 but that he was by far the single most frequently-cited source in the years from 1760-1776 (the period leading up to the Declaration of Independence).31

Among the many ideas articulated by Locke that subsequently appeared in the Declaration was the theory of social compact, which, according to Locke, was when:

Men. . . . join and unite into a community for their comfortable, safe, and peaceable living one amongst another in a secure enjoyment of their properties and a greater security against any that are not of it.32

Of that theory, William Findley, a Revolutionary soldier and a U. S. Congressman, explained:

Men must first associate together before they can form rules for their civil government. When those rules are formed and put in operation, they have become a civil society, or organized government. For this purpose, some rights of individuals must have been given up to the society but repaid many fold by the protection of life, liberty, and property afforded by the strong arm of civil government. This progress to human happiness being agreeable to the will of God, Who loves and commands order, is the ordinance of God mentioned by the Apostle Paul and . . . the Apostle Peter.33

Locke’s theory of social compact is seen in the Declaration’s phrase that governments “derive their just powers from the consent of the governed.”

Locke also taught that government must be built firmly upon the transcendent, unchanging principles of natural law that were merely a subset of God’s greater law:

[T]he Law of Nature stands as an eternal rule to all men, legislators as well as others. The rules that they make for other men’s actions must . . . be conformable to the Law of Nature, i.e., to the will of God.34

[L]aws human must be made according to the general laws of Nature, and without contradiction to any positive law of Scripture, otherwise they are ill made.35

For obedience is due in the first place to God, and afterwards to the laws.36

The Declaration therefore acknowledges “the laws of nature and of nature’s God,” thus not separating the two but rather affirming their interdependent relationship – the dual connection between reason and revelation which Locke so often asserted.

Locke also proclaimed that certain fundamental rights should be protected by society and government, including especially those of life, liberty, and property37– three rights specifically listed as God-given inalienable rights in the Declaration. As Samuel Adams (the “Father of the American Revolution” and a signer of the Declaration) affirmed, man’s inalienable rights included “first, a right to life; secondly, to liberty; thirdly, to property”38– a repeat of Locke’s list.

Locke had also asserted that:

[T]he first and fundamental positive law of all commonwealths is the establishing of the Legislative power. . . . [and no] edict of anybody else . . . [can] have the force and obligation of a law which has not its sanction [approval] from that Legislative which the public has chosen.39

The Founders thus placed a heavy emphasis on preserving legislative powers above all others. In fact, of the 27 grievances set forth in the Declaration of Independence, 11 dealt with the abuse of legislative powers – no other topic in the Declaration received nearly as much attention. The Founders’ conviction that the Legislative Branch was above both the Executive and Judicial branches was also readily evident in the U. S. Constitution, with the Federalist Papers affirming that “the legislative authority necessarily predominates”40 and “the judiciary is beyond comparison the weakest of the three departments of power.”41

Locke also advocated the removal of a leader who failed to fulfill the basic functions of government so eloquently set forth in his Two Treatises;42 the Declaration thus declares that “whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it and to institute new government.”

In short, when one studies Locke’s writings and then reads the Declaration of Independence, they will agree with John Quincy Adams’ pronouncement that:

The Declaration of Independence [was] . . . founded upon one and the same theory of government . . . expounded in the writings of Locke.43

But despite Locke’s substantial influence on America, today he is largely unknown; and his Two Treatises are no longer intimately studied in America history and government classes. Perhaps the reason for the modern dismissal of this classic work is because it was so thoroughly religious: Locke invoked the Bible in at least 1,349 references in the first treatise, and 157 times in the second44– a fact not lost on the Founders. As John Adams openly acknowledged:

The general principles on which the Fathers achieved independence. . . . were the general principles of Christianity. . . . Now I will avow that I then believed (and now believe) that those general principles of Christianity are as eternal and immutable as the existence and attributes of God. . . . In favor of these general principles in philosophy, religion, and government, I [c]ould fill sheets of quotations from . . . [philosophers including] Locke – not to mention thousands of divines and philosophers of inferior fame.45

Given the fact that previous generations so quickly recognized the Christian principles that permeated all of Locke’s diverse writings, it is not surprising that they considered him a theologian.46 Ironically, however, many of today’s writers and so-called professors and scholars specifically call Locke a deist or a forerunner of Deism.47 But since Locke included repeated references to God and the Scriptures throughout his writings, and since he wrote many works specifically in defense of religious topics, then why is he currently portrayed as being anti-religious? It is because in the past fifty-years, American education has become thoroughly infused with the dual historical malpractices of Deconstructionism and Academic Collectivism.

Deconstructionism is a philosophy that “tends to deemphasize or even efface [i.e., malign and smear] the subject” by posing “a continuous critique” to “lay low what was once high”48 and “tear down the ancient certainties upon which Western Culture is founded.”49 In other words, it is a steady flow of belittling and negative portrayals about the heroes, institutions, and values of Western civilization, especially if they reflect religious beliefs. The two regular means by which Deconstructionists accomplish this goal are (1) to make a negative exception appear to be the rule, and (2) deliberate omission.

These harmful practices of Deconstructionists are exacerbated by the malpractice of Academic Collectivism, whereby scholars quote each other and those from their group rather than original sources. Too many writers today simply repeat what other modern writers say, and this “peer-review” becomes the standard for historical truth rather than an examination of actual original documents and sources.

Reflecting these dual negative influences of Deconstructionism and Academic Collectivism in their treatment of John Locke, many of today’s “scholars” simply lift a few short excerpts from his hundreds of thousands of written words and then present those carefully selected extracts in such a way as to misconstrue his faith and make it seem that he was irreligious. Or more frequently, Locke’s works are simply omitted from academic studies, being replaced only with a professor’s often inaccurate characterization of Locke’s beliefs and writings.

Significantly, the charge that Locke is a deist and a freethinker is not new; it has been raised against him for over three centuries. It first originated when Locke advocated major reforms in the Church of England (such as the separation of the state from the church and the extension of religious toleration to other Christian denominations); Anglican apologists who stung from his biting criticism sought to malign him and minimize his influence; they thus accused him of irreligion and deism. As affirmed by early English theologian Richard Price:

[W]hen . . . Mr. Locke’s Essay on the Human Understanding was first published in Britain, the persons readiest to attend to it and to receive it were those who have never been trained in colleges, and whose minds, therefore, had never been perverted by an instruction in the jargon of the schools. [But t]o the deep professors [i.e., clergy and scholars] of the times, it appeared (like the doctrine taught in his book, on the Reasonableness of Christianity) to be a dangerous novelty and heresy; and the University of Oxford in particular [which trained only Anglicans] condemned and reprobated the author.50

The Founding Fathers were fully aware of the bigoted motives behind the attacks on Locke’s Christian beliefs, and they vigorously defended him from those false charges. For example, James Wilson (signer of the Declaration and Constitution) asserted:

I am equally far from believing that Mr. Locke was a friend to infidelity [a disbelief in the Bible and in Christianity51]. . . . The high reputation which he deservedly acquired for his enlightened attachment to the mild and tolerating doctrines of Christianity secured to him the esteem and confidence of those who were its friends. The same high and deserved reputation inspired others of very different views and characters . . . to diffuse a fascinating kind of lustre over their own tenets of a dark and sable hue. The consequence has been that the writings of Mr. Locke, one of the most able, most sincere, and most amiable assertors of Christianity and true philosophy, have been perverted to purposes which he would have deprecated and prevented [disapproved and opposed] had he discovered or foreseen them.52

Thomas Jefferson agreed. He had personally studied not only Locke’s governmental and legal writings but also his theological ones; and his summary of Locke’s views of Christianity clearly affirmed that Locke was not a deist. According to Jefferson:

Locke’s system of Christianity is this: Adam was created happy and immortal…. By sin he lost this so that he became subject to total death (like that of brutes [animals]) – to the crosses and unhappiness of this life. At the intercession, however, of the Son of God, this sentence was in part remitted…. And moreover to them who believed, their faith was to be counted for righteousness [Romans 4:3,5]. Not that faith without works was to save them; St. James, chapter 2 says expressly the contrary [James 2:14-26]…. So that a reformation of life (included under repentance) was essential, and defects in this would be made up by their faith; i. e., their faith should be counted for righteousness [Romans 4:3,5]…. The Gentiles; St. Paul says, Romans 2:13: “the Gentiles have the law written in their hearts,” [A]dding a faith in God and His attributes that on their repentance, He would pardon them; (1 John 1:9) they also would be justified (Romans 3:24). This then explains the text “there is no other name under heaven by which a man may be saved” [Acts 4:12], i. e., the defects in good works shall not be supplied by a faith in Mahomet, Fo [Buddha], or any other except Christ.53

In short, Locke was not the deist thinker that today’s shallow and often lazy academics so frequently claim him to be; and although Locke is largely ignored today, his influence both on American religious and political thinking was substantial, directly shaping key beliefs upon which America was established and under which she continues to operate and prosper.

Americans need to revive a widespread awareness of John Locke and his specific ideas that helped produce American Exceptionalism so that we can better preserve and continue the blessings of prosperity, stability, and liberty that we have enjoyed for the past several centuries.


Endnotes

1 Joseph Story, Commentaries on the Constitution of the United States (Boston: Hilliard, Gray, and Company 1833), I:299, n2.

2 Story, Commentaries (1833), II:57, n2.

3 Story, Commentaries 1833), I:293, n2; I:299, n2; I:305-306.

4 Story, Commentaries (1833), III:727.

5 George Bancroft, History of the United States of America (Boston: Little, Brown, and Company, 1858; first edition Boston: Charles Bowen, 1834), II:150.

6 Bancroft, History of the United States (1858; first edition 1834),  II:144.

7 Richard Frothingham, The Rise of the Republic of the United States (Boston: Little, Brown, and Company, 1872), 165.

8 John Fiske, Old Virginia and Her Neighbors (New York: Houghton, Mifflin and Company, 1897), II:274.

9 John Fiske, Critical Period of American History: 1783-1789 (New York: Mifflin and Company, 1896), 225.

10 Richard Nixon, “Message to the Congress Transmitting the Report of the American Revolution Bicentennial Commission,” The American Presidency Project, September 11, 1970.

11 Gerald Ford, “Address at the Yale University Law School Sesquicentennial Convocation Dinner,” The American Presidency Project, April 25, 1975.

12 Ronald Reagan, “Toasts of the President and Queen Elizabeth II of the United Kingdom at a Dinner Honoring the Queen in San Francisco, California,” The American Presidency Project, March 3, 1983.

13 William Clinton, “Remarks at the State Dinner Honoring Prime Minister Tony Blair of the United Kingdom,” The American Presidency Project, February 5, 1998.

14 George W. Bush, “Remarks at Whitehall Palace in London, United Kingdom,” The American Presidency Project, November 19, 2003.

15 John Locke, The Works of John Locke (London: Arthur Bettesworth, John Pemberton, and Edward Simon, 1722), III:1, “Some Thoughts Concerning Education.”

16 Locke, Works (1722), III:1, “Some Thoughts Concerning Education.”

17 John Adams, The Works of John Adams, ed. Charles Francis Adams (Boston: Little, Brown and Company, 1856), I:53, to Jonathan Sewall on February 1760.

18 Benjamin Rush, The Selected Writings of Benjamin Rush, ed. Dagobert D. Runes (New York: The Philosophical Library, Inc., 1947), 78, “Observations on the Government of Pennsylvania.”

19 Benjamin Rush, Medical Inquiries and Observations (Philadelphia: T. Dobson, 1793), II:17, “An Inquiry into the Influence of Physical Causes upon the Moral Faculty.”

20 Rush, Medical Inquiries (1794), I:332, “Duties of a Physician.”

21 Benjamin Franklin, The Works of Benjamin Franklin, ed. Jared Sparks (Boston: Tappan & Whittemore, 1836), II:131, “Sketch of an English School.”

22 Noah Webster, A Collection of Papers on Political, Literary and Moral Subjects (New York: Webster & Clark, 1843), 308, “Modes of Teaching the English Language.”

23 James Wilson, The Works of the Honourable James Wilson, ed. Bird Wilson (Philadelphia: Lorenzo Press, 1804), 1:6-7, “Of the Study of the Law in the United States.”

24 James Monroe, The Writings of James Monroe, ed. Stanislaus Murray Hamilton (New York: G. P. Putnam’s Sons, 1898), I:325, “Some Observations on the Constitution, &c.”

25 Thomas Jefferson, The Writings of Thomas Jefferson, ed. Henry Augustine Washington (Washington, D. C.: Taylor & Maury, 1853), V:559, to Dr. Benjamin Rush on January 16, 1811.

26 See, for example, REV. JARED ELIOT IN 1738 Jared Eliot, Give Caesar His Due. Or, Obligation that Subjects are Under to Their Civil Rulers (London: T. Green, 1738), 27, Evans # 4241. REV. ELISHA WILLIAMS IN 1744 Elisha Williams, The Essential Rights and Liberties of Protestants. A Seasonable Plea for the Liberty of Conscience, and the Right of Private Judgment, in Matters of Religion (Boston: S. Kneeland and T. Gaben, 1744), 4, Evans # 5520. Rev. JONATHAN EDWARDS IN 1754 Jonathan Edwards, A Careful and Strict Inquiry into the Modern Prevailing Notions of That Freedom of Will, which is Supposed to be Essential to Moral Agency, Virtue and Vice, Reward and Punishment, Praise and Blame (Boston: S. Kneeland, 1754), 138-140, 143, 164, 171-172, 353-354. REV. WILLIAM PATTEN, 1766 William Patten, A Discourse Delivered at Hallifax in the County of Plymouth, July 24th, 1766 (Boston: D. Kneeland, 1766), 17-18n, Evans # 10440. REV. STEPHEN JOHNSON, 1766 Stephen Johnson, Some Important Observations, Occasioned by, and Adapted to, the Publick Fast, Ordered by Authority, December 18th, A. D. 1765. On Account of the Peculiar Circumstances of the Present Day (Newport: Samuel Hall, 1766), 22n-23n, Evans # 10364. REV. JOHN TUCKER, 1771 John Tucker, A Sermon Preached at Cambridge Before His Excellency Thomas Hutchinson, Esq., Governor; His Honor Andrew Oliver, Esq., Lieutenant-Governor; the Honorable His Majesty’s Council; and the Honorable House of Representatives of the Province of the Massachusetts-Bay in New England, May 29th, 1771 (Boston: Richard Draper, 1771), 19, Evans # 12256. REV. SAMUEL STILLMAN, 1779 Samuel Stillman, A Sermon Preached before the Honourable Council and the Honourable House of Representatives of the State of Massachusetts-Bay, in New-England at Boston, May 26, 1779. Being the Anniversary for the Election of the Honorable Council (Boston: T. and J. Fleet, 1779), 22-25, and many others.

27 Alexander Hamilton, The Papers of Alexander Hamilton, ed. Harold C. Syrett (New York: Columbia University Press, 1961), I:86, from “The Farmer Refuted,” February 23, 1775.

28 James Otis, A Vindication of the Conduct of the House of Representatives of the Province on the Massachusetts-Bay: Most Particularly in the Last Session of the General Assembly (Boston: Edes & Gill, 1762), 20n.

29 Thomas Jefferson, The Writings of Thomas Jefferson, ed. Andrew A. Lipscomb (Washington, D.C.: The Thomas Jefferson Memorial Association, 1904), XV:462, to James Madison on August 30, 1823.

30 Donald S. Lutz, The Origins of American Constitutionalism (Baton Rouge: Louisiana State University Press, 1988), 143.

31 Lutz, Origins 1988), 143.

32 John Locke, Two Treatises of Government (London: A. Bettesworth, 1728), II:206-207, Ch. VIII, §95.

33 William Findley, Observations on “The Two Sons of Oil” (Pittsburgh: Patterson and Hopkins 1812), 35.

34 Locke, Two Treatises (1728), II:233, Ch. XI, §135.

35 Locke, Two Treatises (1728), II:234, Ch. XI, §135 n., quoting Hooker’s Eccl. Pol. 1. iii, sect. 9.

36 John Locke, The Works of John Locke (London: T. Davison, 1824), V:22, “A Letter Concerning Toleration.”

37 See, for example, Locke, Works (1824), V:10, “A Letter Concerning Toleration”; Locke, Two Treatises (1728), II:146, 188, 199, 232-233, passim; etc.

38 Samuel Adams, The Writings of Samuel Adams, ed. Harry Alonzo Cushing (New York: G. P. Putnam’s Sons, 1906), I:351, from “The Rights Of The Colonists, A List of Violations Of Rights and A Letter Of Correspondence, Adopted by the Town of Boston, November 20, 1772,” originally published in the Boston Record Commissioners’ Report, XVIII:94-108.

39 Locke, Two Treatises (1728), II:231,Ch. XI, §134.

40 Alexander Hamilton, John Jay, and James Madison, The Federalist, or the New Constitution Written in 1788 (Philadelphia: Benjamin Warner, 1818), 281, Federalist #51 by Alexander Hamilton.

41 Hamilton, Jay, and Madison, The Federalist (1818), 420, Federalist #78 by Alexander Hamilton.

42 Locke, Two Treatises (1728), II:271, Ch. XVI, § 192.

43 John Quincy Adams, The Jubilee of the Constitution. A Discourse Delivered at the Request of the New York Historical Society, in the City of New York, on Tuesday, the 30th of April, 1839; Being the Fiftieth Anniversary of the Inauguration of George Washington as President of the United States, on Thursday, the 30th of April, 1789 (New York: Samuel Colman, 1839), 40.

44 Locke, Two Treatises (1728), passim.

45 John Adams, The Works of John Adams, ed. Charles Francis Adams (Boston: Little, Brown and Company, 1856), X:45-46, to Thomas Jefferson on June 28, 1813.

46 See, for example, Richard Watson, Theological Institutes: Or a View of the Evidences, Doctrines, Morals, and Institutions of Christianity (New York: Carlton and Porter, 1857), I:5, where Watson includes John Locke as a theologian.

47 See, for example, Concise Oxford Dictionary of World Religions, ed. John Bowker (Oxford: Oxford University Press, 2000), 151; Franklin L. Baumer, Religion and the Use of Skepticism (New York: Harcourt, Brace, & Company), 57-59; James A. Herrick, The Radical Rhetoric of the English Deists: The Discourse of Skepticism, 1680-1750 (Columbia, SC: University of South Carolina Press, 1997), 15; Kerry S. Walters, Rational Infidels: The American Deists (Durango, CO: Longwood Academic, 1992), 24, 210; Kerry S. Walters, The American Deists: Voices of Reason and Dissent in the Early Republic (Lawrence: University Press of Kansas, 1992), 6-7; John W. Yolton, John Locke and the Way of Ideas (Oxford: Oxford University Press, 1956), 25, 115.

48 Jack M. Balkin, “Tradition, Betrayal, and the Politics of Deconstruction – Part II,” Yale University, 1998.

49 Kyle-Anne Shiver, “Deconstructing Obama,” AmericanThinker.com, July 28, 2008.

50 Richard Price, Observations on the Importance of the American Revolution and the Means of Making it a Benefit to the World (Boston: True and Weston, 1818), 24.

51 Noah Webster, An American Dictionary of the English Language (New York: S. Converse, 1828), s.v. “infidel.”

52 James Wilson, The Works of the Honourable James Wilson, ed. Bird Wilson (Philadelphia: Lorenzo Press, 1804), I:67-68, “Of the General Principles of Law and Obligation.”

53 Thomas Jefferson, The Works of Thomas Jefferson, ed. Paul Leicester Ford (New York: G. P. Putnam’s Sons, 1904), II:253-254, “Notes on Religion,” October, 1776.

“Give Me Liberty Or Give Me Death”

No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve. This is no time for ceremony. The questing before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.

Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not [Jer. 5:21], the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it. I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry  for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the House. Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss [Matt. 26:48]. Ask yourselves how this gracious reception of our petition comports with those warlike preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us: they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne! In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free– if we mean to preserve inviolate those inestimable privileges for which we have been so long contending–if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained–we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us!

They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house?  Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?  Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us [2 Chron. 32:8]. The battle, sir, is not to the strong alone [Eccl. 9:11]; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable–and let it come! I repeat it, sir, let it come.

It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace– but there is no peace [Jer. 6:14].  The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field!  Why stand we here idle [Matt. 20:6]? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

Scripture references added. This speech can be found in William Wirt, Sketches of the Life and Character of
Patrick Henry
(James Webster: 1818), 119-123. WallBuilders offers a parchment copy of Patrick Henry’s speech on our online store.

Proclamation – America Seeks God in a Time of War – 1777

In light of America’s current war in Iraq and ongoing war against terrorism, the actions of our Founding Fathers in times of war are instructive. This is the text of the first national day of thanksgiving in America (set for December 18, 1777), declared by the Continental Congress on November 1, 1777:

IN CONGRESS

November 1, 1777

FORASMUCH as it is the indispensable Duty of all Men to adore the superintending Providence of Almighty God; to acknowledge with Gratitude their Obligation to him for benefits received, and to implore such farther Blessings as they stand in Need of; And it having pleased him in his abundant Mercy not only to continue to us the innumerable Bounties of his common Providence, but also to smile upon us in the Prosecution of a just and necessary War, for the Defence and Establishment of our unalienable Rights and Liberties; particularly in that he hath been pleased in so great a Measure to prosper the Means used for the Support of our Troops and to crown our Arms with most signal success:

It is therefore recommended to the legislative or executive powers of these United States, to set apart THURSDAY, the eighteenth Day of December next, for Solemn Thanksgiving and Praise; That with one Heart and one Voice the good People may express the grateful Feelings of their Hearts, and consecrate themselves to the Service of their Divine Benefactor; and that together with their sincere Acknowledgments and Offerings, they may join the penitent Confession of their manifold Sins, whereby they had forfeited every Favour, and their humble and earnest Supplication that it may please GOD, through the Merits of Jesus Christ, mercifully to forgive and blot them out of Remembrance; That it may please him graciously to afford his Blessing on the Governments of these States respectively, and prosper the public Council of the whole; to inspire our Commanders both by Land and Sea, and all under them, with that Wisdom and Fortitude which may render them fit Instruments, under the Providence of Almighty GOD, to secure for these United States the greatest of all human blessings, INDEPENDENCE and PEACE; That it may please him to prosper the Trade and Manufactures of the People and the Labour of the Husbandman, that our Land may yet yield its Increase; To take Schools and Seminaries of Education, so necessary for cultivating the Principles of true Liberty, Virtue and Piety, under his nurturing Hand, and to prosper the Means of Religion for the promotion and enlargement of that Kingdom which consisteth “in Righteousness, Peace and Joy in the Holy Ghost.”

And it is further recommended, that servile Labour, and such Recreation as, though at other Times innocent, may be unbecoming the Purpose of this Appointment, be omitted on so solemn an Occasion.

Extract from the Minutes,

Charles Thomson, Secr.

[This proclamation can be found in: Journals of the American Congress From 1774 to 1788 (Washington: Way and Gideon, 1823), Vol. II, pp. 309-310]


This is text excerpted from a national fast declared by the Continental Congress on March 16, 1776:

IN CONGRESS

In times of impending calamity and distress; when the liberties of America are imminently endangered by the secret machinations and open assaults of an insidious and vindictive administration, it becomes the indispensable duty of these hitherto free and happy colonies, with true penitence of heart, and the most reverent devotion, publickly to acknowledge the over ruling providence of God; to confess and deplore our offences against him; and to supplicate his interposition for averting the threatened danger, and prospering our strenuous efforts in the cause of freedom, virtue, and posterity. . . .

Desirous, at the same time, to have people of all ranks and degrees duly impressed with a solemn sense of God’s superintending providence, and of their duty, devoutly to rely, in all their lawful enterprizes, on his aid and direction, Do earnestly recommend, that Friday, the Seventeenth day of May next, be observed by the said colonies as a day of humiliation, fasting, and prayer; that we may, with united hearts, confess and bewail our manifold sins and transgressions, and, by a sincere repentance and amendment of life, appease his righteous displeasure, and, through the merits and mediation of Jesus Christ, obtain his pardon and forgiveness; humbly imploring his assistance to frustrate the cruel purposes
of our unnatural enemies;

. . . that it may please the Lord of Hosts, the God of Armies, to animate our officers and soldiers with invincible fortitude, to guard and protect them in the day of battle, and to crown the continental arms, by sea and land, with victory and success: Earnestly beseeching him to bless our civil rulers, and the representatives of the people, in their several assemblies and conventions; to preserve and strengthen their union, to inspire them with an ardent, disinterested love of their country; to give wisdom and stability to their counsels; and direct them to the most efficacious measures for establishing the rights of America on the most honourable and permanent basis—That he would be graciously pleased to bless all his people in these colonies with health and plenty, and grant that a spirit of incorruptible patriotism, and of pure undefiled religion, may universally prevail; and this continent be speedily restored to the blessings of peace and liberty, and enabled to transmit them inviolate to the latest posterity. And it is recommended to Christians of all denominations, to assemble for public worship, and abstain from servile labour on the said day.

[Source: Journals of the American Congress From 1774 to 1788 (Washington: Way and Gideon, 1823), Vol. I, pp. 286-287]


How Does Jeremiah 17:9 Relate to the Constitutional Separation of Powers?

In their public presentations, our WallBuilders speakers frequently provide historical examples of how specific Bible verses impacted particular aspects of American culture. For example, the story of Matthew Maury and his geographical discoveries involves Psalm 8 and Ecclesiastes 1:6; James Kent (“A Father of American Jurisprudence”) cites 1 Samuel 7:15-16 with the formation of circuit courts; Isaiah 33:22 is associated with the three branches of government; and other such examples. 1

Many audience members, intrigued by how specific Bible verses directly shaped American practices, look up the Bible references that we routinely mention and are immediately impressed with their specificity and obvious applicability. But almost universally when they check John Adams’ mention of Jeremiah 17:92 as the basis of the constitutional separation of powers, they are perplexed and often conclude that our speaker must have used the wrong reference. It doesn’t seem that Jeremiah 17:9 relates to constitutional separation of powers, but it actually does. Allow us to explain, but first let’s lay some groundwork.

When Progressives grasped the reins of common education in the early 1900s, they introduced profound systemic changes, including age-graded education (previously, students were grouped according to knowledge level rather than age level), compulsory education (school attendance had been generally voluntary), extended school years (school was often three months a year, but Progressives made it most of the year), and twelve years of government education (prior to the Progressives, virtually no one went past eight-grade learning levels, after which they would enter college or some trade or profession). 3

These changes were not because previous educational practices had been unsuccessful, for it had been just the opposite. In fact, few college graduates today can master the eighth-grade exit exam given in the early 1900s by most states, 4 when school only lasted for a few months a year and for only eight years.

Perhaps the most significant transformation imposed by Progressives was that students were no longer taught how to think, but rather how to learn. Instead of being trained to reason sequentially and study and confirm independent sources, students were now required to listen to what the teacher said and then repeat it back. Thus, true/false, multiple choice, and fill-in-the-blank tests were introduced, 5 for they did not require a mastery of subject-matter knowledge but rather only a mastery of whatever the teacher had said.

By this change, the teacher became the small end of the funnel of knowledge – everything flowed through the teacher to the student. To invoke an old proverb, no longer did the student learn how to fish, but rather the teacher now gave them the fish. Because students were no longer trained in critical thinking, widespread indoctrination became the result – whatever the teacher believed was what was communicated to students, which they also came to believe. The warning by Jesus in Luke 6:40 had become reality: “Every student, when he is fully trained, will be like his teacher.”

Progressivism, liberalism, secularism, relativism, socialism, and other isms were now freely communicated to students by academia, and these beliefs have now thoroughly permeated the culture as those students become adults and filled various professions.

One teaching common among Progressives (and now widely believed even by many Christians) is that man is innately good but sometimes does bad things.6 But the Bible teaches just the opposite – that man is innately bad but sometimes does good things; and that is only when man’s wicked heart is remade by God.

Under the Progressive belief, if man shoots someone, the problem is with the gun; since man is instinctively good, it can’t be his fault that something bad happened, so we need to regulate the gun, not the man. Or if someone gets drunk and abuses his spouse, it is because man has a medical disease beyond his control – it’s not his fault, for he is inherently good. Or if someone fathers a dozen children out of wedlock, it is because he was not given enough condoms in school. In short, under Progressivism, if man does something bad, there was some outside cause for it, for man is inherently good.

But the Bible says just the opposite. Notice a few verses on this:

  • Mark 7:21-23 – For from within, out of the heart of man, come evil thoughts, sexual immorality, theft, murder, adultery, coveting, wickedness, deceit, sensuality, envy, slander, pride, foolishness. All these evil things come from within. (Matthew 5:19)
  • Genesis 6:5 & 8:21 – The Lord saw that the wickedness of man was great in the earth, and that every intention of the thoughts of his heart was only evil continually.
  • Romans 3:9 – It is written: “None is righteous, no, not one.” (c.f. Psalm 14:1-3, 53:1-3)
  • Ecclesiastes 9:3 – The hearts of the children of man are full of evil, and madness is in their hearts.
  • Galatians 5:19-21 – Now the works of the flesh are manifest, which are these; adultery, fornication, uncleanness, lasciviousness, idolatry, witchcraft, hatred, variance, emulations, wrath, strife, seditions, heresies, envyings, murders, drunkenness, revellings, and such like.
  • Psalm 5:9 – For there is no truth in their mouth; their inmost self is destruction; their throat is an open grave; they flatter with their tongue.

According to the Bible, man will only begin to do what is good when God changes his heart (see, for example Romans 6:6,16-17,19-20, 2 Corinthians 5:17, etc.). Without a life changed by God, mankind is naturally inclined to do what is wrong.

The Founders firmly held this Biblical view. They therefore constructed government fully expecting the worst – expecting that the people leading all three branches would become corrupt. Fifty-five hundred years of recorded history prior to the Founding Fathers had demonstrated that as the pattern of every human government that had ever existed. Understanding this, the Founders made specific plans to help limit the inherent corruption of man and they sought ways to prevent all three branches from becoming wicked at the same time. They wanted a fail-safe so that if one did, then perhaps the other branches could restrain it or drag it back to its limited function. The result was the various clauses providing and enforcing Separation of Powers.

The following excerpt is from the Founders’ Bible and it explains how the truth inherent in Jeremiah 17:9 helped produce the constitutional separation of powers.

Jeremiah 17:9 – The Constitutional Separation of Powers

“The heart is deceitful above all things and desperately wicked; who can know it?”

The separation of powers and reciprocal checks and balances incorporated throughout the Constitution has been heralded as one of the most important features of American government, enabling it not only to survive but to thrive for over two centuries. History was filled with examples showing that when government power was centralized in one body or leader, that government always became a danger to the rights of individuals and brought that nation to ruin. But the Founding Fathers had not only the examples of history to guide them but especially the teachings of the Bible.

A well-known verse addressing this subject was Jeremiah 17:9: “The heart is deceitful above all things and desperately wicked; who can know it?” This verse encapsulated what Calvinistic ministers and theologians termed the “depravity of man” or “total depravity” 7 (that the natural heart of man easily embraced moral and civil degradation), and it was a frequent topic for sermons in the Founding Era. The Founding Fathers understood the import of this verse and openly cited it – as when John Adams reminded Americans:

Let me conclude by advising all men to look into their own hearts, which they will find to be ‘deceitful above all things and desperately wicked’ [Jeremiah 17:9].8

The Biblically illiterate believe in the innate goodness of man – that man will naturally do what is right, but experience regularly affirms the opposite: without a heart regenerated by the power of God, man will routinely do what is wrong. Adams specifically rejected any notion of the innate goodness of man, especially when it came to government:

To expect self-denial from men when they have a majority in their favor, and consequently power to gratify themselves, is to disbelieve all history and universal experience – it is to disbelieve revelation and the Word of God, which informs us ‘the heart is deceitful above all things and desperately wicked’ [Jeremiah 17:9]. . . . There is no man so blind as not to see that to talk of founding a government upon a supposition that nations and great bodies of men left to themselves will practice a course of self-denial is either to babble like a newborn infant or to deceive like an unprincipled impostor.9

And even those who had experienced a regenerated heart through the power of God in Christ and who did not embrace Calvinism nevertheless knew enough about the truth of this verse and the tendencies of the heart to not even fully trust themselves to be above its corrupting influence. As John Quincy Adams explained:

I believe myself sincere; but the heart is deceitful above all things and desperately wicked [Jeremiah 17:9]. I do not believe the total depravity of man, but I am deeply conscious of the frailty of my own nature.10

Understanding this principle from Jeremiah 17 – a principle that was accepted by all sides of the theological spectrum – the Founders knew that government would be much safer if all power did not repose in the same authority. Making practical application of this Biblical truth, they therefore divided and checked power between branches so that if one leader or branch went wicked, the other two might still check and stop it. As George Washington explained:

A just estimate of that love of power and proneness to abuse it which predominates in the human heart is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power by dividing and distributing it into different depositories . . . has been evinced [demonstrated] by experiments ancient and modern, some of them in our country and under our own eyes.11

This remarkable feature of American government – the separation of powers and reciprocal checks and balances – can be attributed to the Founders’ understanding of Jeremiah 17:9.


Endnotes

1 For more information, see The Founders’ Bible (Shiloh Road Publishers, 2012).

2 John Adams, The Works of John Adams, Charles Francis Adams, editor (Boston: Charles C. Little and James Brown, 1851), Vol. III, p. 443, “On Private Revenge III,” published in the Boston Gazette, September 5, 1763; John Adams, A Defense of the Constitutions of Government of the United States of America (London: John Stockdale, 1794), Vol. III, p. 289, “Letter VI. The Right Constitution of a Commonwealth, examined.”

3 For more information, see “A Short History of United States’ Education 1900 to 2006,” historyliteracy.org (accessed on September 7, 2016); “10 Things You Should Know About the American Founding,” The Catholic World Report, July 3, 2012; “A campus shared by the College, the Academy and the Charity School,” Penn University Archives & Records Center (accessed on September 7, 2016); “John Dewey,” Biography (accessed on September 7, 2016).

4 See some examples of 8th grade exit exams in: B. A. Hathaway, 1001 Test Examples in Arithmetic with Answers (Cleveland, OH: Burrows Brothers Company, 1890); Warp’s Review Books (Minden, NE: Warp Publishing Company, 1928), on various subjects; Colorado State Eighth Grade Examination Question Book (Lincoln, NE: Lincoln Supply Co., 1927).

5 See, for example, Colorado State Eighth Grade Examination Question Book (Nebraska: 1927), pp. 4, 10, 12, questions from a 1927 Agriculture, Arithmetic, and Civics test; “true-false test,” Merriam-Webster (accessed on September 7, 2016); “multiple-choice,” Merriam-Webster (accessed on September 7, 2016).

6 See an example of this philosophy in Theodore Roosevelt, “Who is a Progressive?Teaching American History, April 1912.

7 See, for example, “total depravity,” Merriam-Webster (accessed on September 6, 2016); Herman Hanko, The Five Points of Calvinism (1976), “Chapter 1: Total Depravity.”

8 John Adams, The Works of John Adams, Charles Francis Adams, editor (Boston: Charles C. Little and James Brown, 1851), Vol. III, p. 443, “On Private Revenge III,” published in the Boston Gazette, September 5, 1763.

9 John Adams, A Defense of the Constitutions of Government of the United States of America (London: John Stockdale, 1794), Vol. III, p. 289, “Letter VI. The Right Constitution of a Commonwealth, examined.”

10 John Quincy Adams, Memoirs of John Quincy Adams, Charles Francis Adams, editor (Philadelphia: J.B. Lippincott & Co, 1876), Vol. XI, p. 270, November 16, 1842.

11 George Washington, Address of George Washington, President of the United States, and Late Commander in Chief of the American Army, to the People of the United States, Preparatory to His Declination (Baltimore: Christopher Jackson, 1796), p. 22.

No Professor Fea, The Founders Did Not Want Ministers to Stay out of Politics

by Dr. David Barton

Dr. John Fea is a professor of history at Messiah College in Pennsylvania. He has been an outspoken critic of those who believe that America had a Christian founding or think ministers should be active in politics.1 In addition to being an historian, he writes political columns praising those on the political left. For example, he called President Barack Obama “the most explicitly Christian president in American history,” and asserted that his “piety, use of the Bible, and references to Christian faith and theology put most other American presidents to shame.”2 Given Professor Fea’s political disposition, it is perhaps not surprising that his blog posts and opinion pieces on political issues are regularly critical of religious conservatives.

For instance, Dr. Fea strongly objected when 700 pastors gathered to hear from Republican presidential nominee Donald Trump. The candidate addressed issues of immediate concern to some pastors, notably the Johnson Amendment – a 1954 law that many believe unconstitutionally prohibits churches from addressing or speaking about political issues or candidates. (In my view, whether or not churches should address issues of public policy or endorse candidates is a question that should be decided solely by individual churches, not the federal government.)

Fea seems particularly upset by the idea that these 700 ministers might exercise their rights as American citizens to be involved in politics. Misusing historical arguments to bolster his own personal views, he writes:

The founders who crafted the original state governments – those governments celebrated by today’s conservative politicians as the most important source of democratic life – thought it was a good idea for ministers to stay out of politics [emphasis added]. The state constitutions of North Carolina (1776), New York (1777), Georgia (1777), South Carolina (1778), Delaware (1792), Tennessee (1796), Maryland (1799), and Kentucky (1799) all banned clergymen from running for office. The 1776 North Carolina Constitution states “that no clergyman, or preacher of the gospel of any denomination, shall be capable of being a member of either the Senate, House of Commons, or Council of State, while he continues in the exercise of the pastoral function.” The 1777 New York Constitution uses similar language: “And whereas the ministers of the gospels are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretense of description whatever, be eligible to, or capable of holding, any civil or military office or place within this State.”3

It is true that some state constitutions prohibited clergy from holding office. It is important to note that one reason they did so was because their framers had such a high view of the ministry that they did not want clergy to be distracted by “worldly” concerns. Yet only a small minority of states4 ever attempted to exclude ministers from public office, and most states that did eventually decided these restrictions were inappropriate and voluntarily removed them. In 1978, the United States Supreme Court declared the few remaining disqualifications to be unconstitutional.5

But it is not just states that changed their minds. Consider the views of Thomas Jefferson, often presented as one of the least religious of the Founding Fathers. The 1776 Virginia constitution contained a clergy-exclusion clause6 that Jefferson originally supported, explaining:

The clergy are excluded because if admitted into the legislature at all, the probability is that they would form its majority, for they are dispersed through every county in the state; they have influence with the people and great opportunities of persuading them to elect them into the legislature. This body, though shattered, is still formidable, still forms a corps, and is still actuated by the esprit de corps. The nature of that spirit has been severely felt by mankind, and has filled the history of ten or twelve centuries with too many atrocities not to merit a proscription from meddling with government.7

This was the early constitution of a state that, like many of the other states that excluded clergy from holding public office, had formally established the Church of England (that is, Anglicanism) as the colony’s official religion. Under these establishments the free exercise of religion was severely restricted for Quakers, Presbyterians, Methodists, Baptists, and other non-Anglicans, who were sometimes beaten, imprisoned, or fined by civic authorities joined to the state-established church.8 Moreover, clergy from these established churches were far more likely to be Loyalists (that is supportive of Great Britain and opposed to American independence) than clergy from other denominations. Clergy-exclusion clauses generally were not enacted in states with a history of republican or patriotic ministers, such as Massachusetts, Connecticut, New Hampshire, New Jersey, and Pennsylvania.

Jefferson, being from Anglican Virginia, feared that the religious persecution that had occurred earlier in his state might return in the newly independent Virginia. He wanted that possibility precluded and thus supported the constitutional provision. He may have also been concerned about the loyalty of these Anglican clergy. But later, when the power of the state-established church in Virginia had been fully broken and a proven record of all Christian denominations being treated equally under the law had been thoroughly demonstrated, Jefferson no longer supported that clause, explaining in 1800 to the Rev. Jeremiah Moore:

I observe . . . an abridgment of the right of being elected, which after 17 years more of experience and reflection, I do not approve: it is the incapacitation of a clergyman from being elected. . . . Even in 1783, we doubted the stability of our recent measures for reducing them [the clergy] to the footing of other useful callings [but i]t now appears that our means were effectual. The clergy here seem to have relinquished all pretension to privilege and to stand on a footing with lawyers, physicians &c. They ought therefore to possess the same rights.9

Not only did Jefferson think clergy should be able to run for office, there are even times when he encouraged them to do so. For instance, when he learned that his friend the Rev. Charles Clay was a candidate for Congress, he wrote him a letter wherein he wished him “every prosperity in this and in all your other undertakings.”10 And he personally recruited the Rev. William Woods, a local Baptist pastor, to run for a seat in the state legislature.11

As in Virginia, Georgia’s first state constitution contained a clause declaring: “No clergyman of any denomination shall be allowed a seat in the legislature.”12 When Presbyterian minister and signer of the Declaration John Witherspoon learned of this provision, he was livid. He had invested much of his adult life in securing not only civil but also religious liberties for every individual, including ministers, and he was not about to see a reduction of those liberties. He therefore sent off a fiery public letter, pointedly asking Georgia’s lawmakers:

Now suffer me to ask this question: Before any man among us was ordained a minister, was he not a citizen of the United States, and if being in Georgia, a citizen of the state of Georgia? Had he not then a right to be elected a member of the assembly, if qualified in point of property? How then has he lost, or why is he deprived of this right? Is it by offence or disqualification? Is it a sin against the public to become a minister? Does it merit that the person who is guilty of it should be immediately deprived of one of his most important rights as a citizen? Is not this inflicting a penalty, which always supposes an offence? Is a minister then disqualified for the office of a senator or representative? Does this calling and profession render him stupid or ignorant?13

Witherspoon then raised additional questions Georgia legislators apparently had not considered when drafting this clause. For example, what is it that makes a man a minister? Does he have to be ordained by the Pope? Or is it because his denomination or even local church considers him a minister? Or what if he simply declares himself a minister, with no confirmation by anyone else? Furthermore, how long is a person a minister? If he is retired, is he still disqualified from running? And what if he is bi-vocational – what if he also runs a business, or also teaches science and math? Is he a mathematician or a minister? Ironically, there was no disqualification against a corrupt individual running for office, or a known criminal, but there was a disqualification against a preacher? Having pointed out absurdities in their policy, Witherspoon sarcastically concluded:

I cannot help thinking that these difficulties are very considerable, and may occasion much litigation if the article of the constitution stands in the loose, ambiguous form in which it now appears; and therefore I would recommend the following alterations, which I think will make everything definite and unexceptionable:

“No clergyman of any denomination shall be capable of being elected a member of the Senate or House of Representatives because {here insert the grounds of offensive disqualification, which I have not been able to discover}. Provided always – and it is the true intent and meaning of this part of the constitution – that if at any time he shall be completely deprived of the clerical character by those by whom he was invested with it [that is, he is defrocked], as by deposition for cursing and swearing, drunkenness or uncleanness, he shall then be fully restored to all the privileges of a free citizen; his offence [of being a minister] shall no more be remembered against him; but he may be chosen either to the Senate or House of Representatives, and shall be treated with all the respect due to his brethren, the other members of Assembly.”14

Witherspoon’s critique must have struck a chord. When Georgia re-wrote its constitution in 1798, the clause prohibiting ministers from state office was deleted and a strong declaration of the rights of religious persons was inserted15 – a vast reversal from its first constitution.

It is not clear if Fea, in opposition to Jefferson, Witherspoon, and the United States Supreme Court, thinks it is appropriate to exclude clergy from holding public office. But he indisputably states that America’s Founders “thought it was a good idea for ministers to stay out of politics,”16 a position he endorses. He couldn’t be more mistaken.

Throughout American history clergy have played a key role in American politics, some while holding office and others without doing so. Consider, for instance, those brave ministers who led the fight against slavery, opposed Indian removal, and advocated for civil rights. One strongly suspects that Fea would support the political activities of these ministers.

Fea, like many on the political left, is guilty of embracing a double standard. If a member of the clergy supports a policy he favors, that is a good thing. But if a minister takes a political stand of which he does not approve, that cannot be tolerated. In this case, it is noteworthy that he is opposing clergy listening to a speech by Donald Trump, a candidate whom Fea has publicly criticized.17

This sort of hypocrisy is nothing new. John Adams observed this same behavior toward the patriotic preachers of his day, noting that:

It is curious to observe the conduct of the Tories [those who opposed the patriots] towards this sacred body. If a clergyman preaches against the principles of the Revolution and tells the people that upon pain of damnation they must submit to an established government of whatever character, the Tories cry him up as an excellent man and a wonderful preacher, invite him to their tables, procure him missions from the society and chaplainships to the navy, and flatter him with the hopes of lawn sleeves [i.e., a special church appointment]. But if a clergyman preaches Christianity, and tells the magistrates that they were not distinguished from their brethren for their private emolument [personal economic benefit] but for the good of the people – that the people are bound in conscience to obey a good government but are not bound to submit to one that aims at destroying all the ends of government – Oh, sedition! Treason!18

Significantly, Adams goes on to specifically reject Fea’s position, declaring:

It is the duty of the clergy to accommodate their discourses to the times – to preach against such sins as are most prevalent and recommend such virtues as are most wanted [lacking]. For example, if exorbitant ambition and venality [public corruption and bribery] are predominant, ought they not to warn their hearers against these vices? If public spirit is much wanted [lacking], should they not inculcate this great virtue? If the rights and duties of Christian magistrates [public officials] and subjects are disputed, should they not explain them, show their nature, ends, limitations, and restrictions, how much soever it may move the gall [anger the critics] . . .19

Adams rejoiced that concerning civil issues, “the pulpits have thundered”;20 but today Fea would apparently have the pulpits (or at least those pulpits promoting views to which he is opposed) be silent.

As Fea must know, there are a host of books by historians that attest to the important role both office-holding and non-office holding clergy played in the War for Independence and the creation of the new national government.21 Consider a few additional historical facts that Fea ignores:

  • Numerous individuals who served in formal ministry at some point in their lives also served in the Continental and Confederation Congresses, including John Witherspoon, Frederick Augustus Muhlenberg, Benjamin Contee, Abiel Foster, James Manning, Joseph Montgomery, Jesse Root, Hugh Williamson, Robert Treat Paine, Lyman Hall, Paine Wingate, and John Zubly.22
  • The Rev. Jacob Green of New Jersey was chairman of the committee that drafted the state’s original constitution in 1776;23 the Rev. Frederick Augustus Muhlenberg helped draft Pennsylvania’s 1776 constitution;42 the Revs. Samuel Stillman, Robert Treat Paine, and Gad Hitchcock helped write Massachusetts’ 1780 constitution;25 the Revs. John Bailey, David Rice, George Stovall Smith, Benedict Swope, Caleb Wallace, and James Crawford helped draft Kentucky’s original constitution of 1792;26 the Rev. John Smith helped frame Ohio’s original constitution of 1802;27 and the Rev. Amasa Learned helped write Connecticut’s first constitution following the Revolution.28
  • Christian ministers were also at the forefront of the movement for a federal constitution. The Revs. Jeremy Belknap and Samuel Stanhope Smith became leaders in pointing out the defects of the Articles of Confederation,29 joining their voices with those of the Rev. Dr. Witherspoon and the Rev. James Manning, both of whom had personally experienced its shortcomings while operating under it as members of Congress.30
  • Several delegates at the Constitutional Convention were trained in ministry or theology, including Abraham Baldwin, James Wilson, Hugh Williamson, and Oliver Ellsworth.31
  • When the federal Constitution was submitted to the states for ratification, nearly four dozen clergymen were elected as ratifying delegates,32 and many of them played key roles in securing its adoption. For example, in Massachusetts, it appeared that the Constitution would be rejected until the efforts of the Rev. Samuel West33 and the Rev. Samuel Stillman helped carry the day in support of the Constitution.34 Benjamin Lincoln (one of George Washington’s most trusted generals during the final campaigns of the War for Independence) reported to his former Commander-in-Chief: “It is very fortunate for us that the clergy are pretty generally with us . . .”35
  • In addition to ministers holding office, active Christian leaders and laymen also played a key role. According to the historian Stephen Marini, “Literally hundreds of [delegates to the U. S. Constitution ratification conventions] were Anglican vestrymen, Congregational deacons, and Presbyterian ruling elders. These were the highest offices available to laymen, empowering them to maintain the financial health of the parish, to enforce the moral norms of the church, and often to choose the minister of the congregation. Many hundreds more of the delegates were loyal parishioners who held lesser church offices: trustees, wardens, tithingmen, assessors, teachers, moderators, commissioners, and committeemen.”36

So ministers were not only vital in helping secure America’s independence and its form of government but they were also at the forefront of celebrating the new federal Constitution. During the ratification parade in Philadelphia, signer of the Declaration Benjamin Rush happily reported:

The clergy formed a very agreeable part of the procession. They manifested by their attendance their sense of the connection between religion and good government. They amounted to seventeen in number. Four and five of them marched arm in arm with each other to exemplify the Union. Pains were taken to connect ministers of the most dissimilar religious principles together, thereby to show the influence of a free government in promoting Christian charity. 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.37

When the first federal Congress convened, its members numbered several ministers, both active and inactive, including the Revs. Frederick Augustus Muhlenberg, John Peter Gabriel Muhlenberg, Abiel Foster, Benjamin Contee, Abraham Baldwin, Hugh Williamson, and Paine Wingate. In fact, the first Speaker of the U. S. House of Representatives was the Rev. Frederick Muhlenberg; and his is one of only two signatures appearing at the bottom of the Bill of Rights – which was intended to secure the right of every citizen – including ministers – to participate in the political process. This includes the First Amendment rights that protect the ability of ministers to publicly criticize the government, to speak freely about what is occurring in the civil arena, to join with other ministers and Christians to do the same, to express their personal religious convictions about any public policy issue, and to serve in public office!

And just as history does not demand the exclusion of ministers, neither does the Bible. Consider how often God sent His ministers to publicly confront civil leaders or expose their wicked policies:

  • Elijah confronted civil leaders Ahab and Queen Jezebel over issues such as their unjust use of eminent domain, religious persecution, and subornation of perjury (1 Kings 21:1-24, 1 Kings 18:18).
  • Isaiah confronted civil ruler Hezekiah over national security failures and issues related to the treasury (1 Chronicles 32:27-31, 2 Kings 20:12-19)
  • Nathan confronted civil leader David over his wicked moral policies and practices (2 Samuel 12),
  • Eliezer and Jehu confronted King Jehoshaphat over his blunders in foreign relations and ill-advised foreign alliances (2 Chronicles 19:1-2, 2 Chronicles 20:35-37)
  • John the Baptist confronted civil leaders for their hypocrisy (Matthew 3:7)
  • Jeremiah confronted King Zedekiah over numerous of his wicked public policies (Jeremiah 34)
  • John the Baptist confronted King Herod over his divorce and marriage practices (Luke 13:32. Matthew 12:23, 23:33, 23:27)
  • Samuel confronted King Saul over not fulfilling his assigned responsibilities (1 Samuel 13:1-14, I Samuel 15)
  • Micaiah regularly confronted King Ahab over his wicked public policies (1 Kings 22:7-18)
  • Gad confronted King David over wrong-headed public policies stemming from his own pride and arrogance (2 Samuel 24)
  • Jesus refused to be intimidated by Herod (Luke 13:31-32) and confronted the teachers of the law (Matthew 23)
  • Daniel confronted Nebuchadnezzar over his pride and arrogance (Daniel 4:1-27), and Belshazzar over his moral debauchery (Daniel 5:17-28)
  • Azariah (along with eighty other priests) confronted King Uzziah for usurping religious practices through an improper expansion of government powers (2 Chronicles 26:16-21)

And God’s ministers not only called out bad civil leaders and pointed out unBiblical public policies, they also frequently partnered with civil leaders in constructing good public policies and offering sound guidance. For example:

  • Elisha provided the King of Israel counsel and advice regarding military intelligence and policy (2 Kings 6)
  • Nathan provided guidance to David on architectural issues (2 Samuel 7:1-13)
  • Ezra gave strong counsel on marriage policy (Ezra 9-10), and Governor Nehemiah implemented that counsel into public policy (Nehemiah 8:1-6, 13:23-27
  • Paul provided civil leaders with guidance during times of impending disaster and natural calamity (Acts 27:9-12)
  • Jeremiah provided military guidance to King Zedekiah (Jeremiah 21:1-10)
  • King Joash pursued good policies as long as the priest Jehoiada provided him counsel, but when Joash lost that Godly input, his policies became wicked (2 Chronicles 24:1-2, 15-19)
  • Isaiah provided guidance on national security issues and foreign policy to King Hezekiah (Isaiah 37)

The Bible is loaded – and almost overflowing – with such examples. But Dr. Fea holds an opposite view. In fact, in lamenting how unhistorical it was that 700 ministers should hear from a presidential candidate and consider becoming involved in politics in different ways, he condescendingly quipped:

There’s an old Baptist saying that goes something like this: “If you mix horse manure and ice cream it doesn’t do much to the manure, but it sure does ruin the ice cream. ” . . . For all those concerned about the witness of the Christian church in the world, let’s remember that the founders thought it was a bad idea to mix horse manure and ice cream.38

The real horse manure is Dr. Fea’s claim that either the Founders or the Bible opposed the active participation of ministers in the civil arena.


Endnotes

1 See various of his articles criticizing those who hold such beliefs, including David Lane (“Why the Founding Fathers wanted to keep ministers from public office,” Religion News Service, August 15, 2016; David Barton; Mike Huckabee (“Why Huckabee May Have a Shot at the GOP Nomination,” philipvickersfithian.com, January 23, 2015; Focus on the Family (“Is America a Christian Nation? What Focus on the Family Gets Wrong,” philipvickersfithian.com, November 4, 2012; Eric Metaxas (“Burkholder on Metaxas,” philvickersfithian.com, September 26, 2012; and Peter Marshall (“Houston Chronicle Op-Ed,” philipvickersfithian.com, August 15, 2009.

2Would you vote for this man?Patheos, February 15, 2012.

3Why the Founding Fathers wanted to keep ministers from public office,” Religion News Service, August 15, 2016.

4 According to Francis Thorpe’s 1909 collection of state constitutions (The Federal and State Constitutions, Colonial Charters, and the Organic Laws of the State, Territories, and Colonies; Now or Heretofore Forming the United States of America, ed. Francis Newton Thorpe (Washington, D.C. 1909), of the 46 states in the United States at that time, only 14 ever had a clergy-exclusion clause, and most of those were voluntarily repealed. Those 14 states: Delaware (1776, 1792, 1831), Florida (1838), Georgia (1777, 1789), Kentucky (1792, 1799, 1850), Louisiana (1812, 1845, 1864), Maryland (1776, 1851, 1867), Missouri (1820, 1865), Mississippi (1817), New York (1777, 1821), North Carolina (1776), South Carolina (1778,1790, 1865), Tennessee (1834, 1870), Texas (1836, 1845, 1866), and Virginia (1850, 1864).

5 McDaniel v. Paty, 435 U.S. 618 (1978).

6 The Constitution of the Sixteen States (Boston: Manning and Loring, 1797), 212, “The Constitution of Virginia” July 5, 1776, “…all ministers of the gospel, of every denomination, be incapable of being elected members…”

7 Thomas Jefferson to Chelier de Chastellux, September 2, 1785, The Papers of Thomas Jefferson, ed. Julian P. Boyd (Princeton: Princeton University Press, 1953), 8:470.

8 This type of Virginia persecution occurred from Anglicans against non-Anglicans. For an example of what Baptists suffered in Virginia, see: William Cathcart, Baptist Patriots in the American Revolution (Philadelphia: S. A. George & Co., 1876), 12-18; Isaac Backus, A History of New England, With Particular Reference to the Denomination of Christians Called Baptists (Newton, MA: Backus Historical Society, 1871), II:97-98; George Bancroft, A History of the United States of America (Boston: Little, Brown, and Company, 1858), 1:449-450; Sanford Hoadley Cobb, The Rise of Religious Liberty in America Republicanism in Jefferson’s Virginia (New York: MacMillan, 1902), 112; Bruce Gourley, “An outline of Baptist Persecution in America,” The Baptist Index (accessed August 17, 2016); Lewis Peyton Little, Imprisoned Preachers and Religious Liberty in Virginia (Lynchburg, VA: J. P. Bell Co., Inc., 1938), xiii; etc.

9 Thomas Jefferson to Jeremiah Moore on August 14, 1800, The Works of Thomas Jefferson, ed. Paul Leicester Ford (New York: G. P. Putnam’s Sons, 1905), IX:143.

10 Thomas Jefferson to Rev. Charles Clay, January 27, 1790, The Writings of Thomas Jefferson, ed. Andrew A. Lipscomb (Washington, D. C.: The Thomas Jefferson Memorial Association, 1903), VIII:3-4.

11 Rev. John B. Turpin, A Brief History of the Albemarle Baptist Association (Richmond, VA: The Virginia Baptist Historical Society, 1891), 30-31.

12 The Federal and State Constitutions, Colonial Charter, and Other Organic Laws, ed. Francis Newton Thorpe (Washington: Government Printing Office, 1909), II:785, “Constitution of Georgia – 1777,” Art. LXII.

13 John Witherspoon, The Works of John Witherspoon (Edinburgh: J. Ogle, Parliament-Square, 1815), IX:220-223, “On the Georgia Constitution.”

14 Witherspoon, Works of Witherspoon (1815), IX:220-223, “On the Georgia Constitution.”

15 Federal and State Constitutions, ed. Thorpe (1909), II:800-801, “Constitution of Georgia – 1798,” Art. IV, Sec. 10.

16Why the Founding Fathers wanted to keep ministers from public office,” Religion News Service, August 15, 2016.

17Historians Against Trump,” The Way of Improvements Leads Home, July 12, 2016.

18 John Adams, The Works of John Adams, ed. Charles Francis Adams (Boston: Charles C. Little and James Brown, 1851), IV:55, “Novanglus: No. IV.”

19 Adams, Works of Adams, ed. Adams (1851), IV:56, “Novanglus: No. IV.”

20 Adams, Works of Adams, ed. Adams (1851), III:476, “The Earl of Clarendon to William Pym,” January 20, 1766.

21 For example, Alice M. Baldwin, The New England Clergy and the American Revolution (1928; reprint, New York: Frederick Ungar, 1958); Keith L. Griffin, Revolution and Religion: American Revolutionary War and the Reformed Clergy (New York: Paragon House, 1994). See also the excellent collection of political sermons from this era edited by Ellis Sandoz, Political Sermons of the American Founding Era 1730-1805 (Indianapolis: Liberty Fund Press, 1991).

22 See, John Sanderson, Biography of the Signers to the Declaration of Independence (Philadelphia: R. W. Pomeroy, 1823), V:102-104; Charles A. Goodrich, Lives of the Signers to the Declaration of Independence (New York: Thomas Mather, 1837), 113; Hubert Bruce Fuller, The Speakers of the House (Boston: Little, Brown, and Company, 1909), 22-23; William B. Sprague, Annals of the American Pulpit (New York: Robert Carter & Brothers, 1850), V:488; The National Cyclopedia of American Biography (New York: James T. White & Company, 1897)), VII:148; Memoir of the Rev. James Manning (Boston: Perkins & Marvin, 1839), 4-5; James H. Marshall, The United States Manual of Biography and History (Philadelphia: Leary & Getz, 1857), 182; Biographical Directory of the United States Congress: 177-Present for Lyman Hall, Joseph Montgomery, Jesse Root, Paine Wingate, and John Zubly.

23 B.F. Morris, Christian Life and Character of the Civil Institutions of the United States, Developed in the Official and Historical Annals of the Republic (Philadelphia: George W. Childs, 1864), 366.

24 William Warren Sweet, The Story of Religion in America (New York: Harper & Brothers Publishers, 1950), 182.

25 Frank Moore, The Patriot Preachers of the American Revolution (New York: Charles T. Evans, 1862), 260; Appletons’ Cyclopedia of American Biography (New York: D. Appleton and Company, 1888), IV, s.v. “Robert Treat Paine”; Sprague, Annals of the American Pulpit (1865), Unitarian Congregational: VIII:29.

26 Mrs. William Preston Drake, Samuel M. Wilson, Mrs. William Breckenridge Ardery, Kentucky in Retrospect: Noteworthy Personages and Events in Kentucky History: 1792-1942 (Commonwealth of Kentucky: Sesquicentennial Commission, 1942), 141-142, 151, 153, 179-180.

27John Smith,” Ohio History Central, accessed August 17, 2016.

28Learned, Amasa (1750-1825),” Biographical Directory of the United States Congress, accessed August 17, 2016.

29 James Hutchinson Smylie, American Clergymen and the Constitution of the United States of America (New Jersey: Princeton Theological Seminary, doctoral dissertation, 1958), 127-129.

30 Smylie, American Clergymen and the Constitution (1958), 139, 143.

31 Biographical Directory of the United States Congress: 177-Present for Abraham Baldwin and Hugh Williamson; “James Wilson,” University of St. Andrews, accessed on August 24, 2016); William Garrott Brown, The Life of Oliver Ellsworth (New York: The Macmillan Company, 1905), 20-21.

32 John Eidsmoe, Christianity and the Constitution (Grand Rapids, MI: Baker Books, 1987), 352, n.15.

33 Smylie, American Clergymen and the Constitution (1958), 185-186; Baldwin, New England Clergy (New York: Frederick Ungar, 1958), 145.

34 Frank Moore, The Patriot Preachers of the American Revolution (New York: Charles T. Evans, 1862), 260.

35 Benjamin Lincoln to George Washington, February 9, 1788, The Papers of George Washington, ed. Dorothy Twohig (Charlottesville: University Press of Virginia, 1997), 6:104-105.

36 Stephen A. Marini, “Religion, Politics, and Ratification,” in Religion in a Revolutionary Age, ed. Ronald Hoffman and Peter Albert (Charlottesville: University Press of Virginia, 1994), 189.

37 Benjamin Rush to Elias Boudinot, July 9, 1788, Letters of Benjamin Rush, ed. L. H. Butterfield (Princeton: American Philosophical Society, 1951), I:474.

38Why the Founding Fathers wanted to keep ministers from public office,” Religion News Service, August 15, 2016.