On Two Wings - Humble Faith and Common Sense at American Founding 1893554686, 2001040978

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On Two Wings Humble Faith and Common Sense at the American Founding Expanded Edition

MICHAEL NOVAI(

ENCOUNTER BOOKS New York• London

Copyright© 2002 by Michael Novak All rights reserved. No part of this puhlic'ation may be reproducPd, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, reeording, or othnwisf'. without thf' prior written permission of Encounter Books, 900 Broadway, Suite 601, New York, New York, 10003. First paperback edition puhli�ht>d in 2003 by Encounter Books. an activity of Encounter for Cultun· and Edu(•ation. Inc .. a nonprofit tax Pxempt corporation. Encounter Books website address: www.encounterhooks.com Manufactured in the United States and printed on acid-free paper. The paper used in this publication meets the minimum requirements of ANSI/NI SO 239.48-1992 (R l997)(Permanence of Paper). Library of Congress Cataloging-in-Publication Data Novak, Michael. On two wings : humble faith and common sense at the American founding/ Michael Novak. p. cm. Includes bibliographical ref erences and index. ISBN 1-893554-68-6 (alk. paper) 1. United States-Religion-To 1800. 2. Church and state-United States­ History-18th century. 3. Religion and politics-United States-History18 th century. 4. Statesmen-United States-Religious life . 5. United States Constitution-Signers-Religious life. I. Title. BL2525.N68 2001 200'.973'09033-dc21 2001040978 10 9 8 7 6 5 4 3 2 1

Dedication For our forebears who brought us here ... and For our children and our children s children, unto the nth generation...

Tell the Israelites: "I bore you up on eagle wings and brought you here to myself. Therefore, if you hearken to my voice and keep my covenant, you shall be my special possession, dearer to me than all other people."

-Exodus 19:3b-5 I always consider the settlement of America with reverence and wonder, as the opening of a grand scene and design in Providence for the illumination of the ignorant, and the emancipation of the slav­ ish part of mankind all over the earth. -John Adams (Works 1.66) I will insist that the Hebrews have done more to civilize men than any other nation. If I were an atheist, and believed in blind eternal fate, I should still believe that fate had ordained the Jews to be the most essential instrument for civilizing the nations. If I were an atheist of the other sect, who believe or pretend to believe that all is ordered by chance, I should believe that chance had ordered the Jews to preserve and propagate to all mankind the doctrine of a supreme, intelligent, wise, almighty sovereign of the universe, which I believe to be the great essential principle of all morality, and con­ sequently of all civilization.

-John Adams to F. A. Vanderkemp, 16 February 1809 We cannot but acknowledge that God hath graciously patron­ ized our cause and taken us under his special care, as he did his ancient covenant people. -Samuel Langdon, The Republic Of The Israelites: An Example To The United States

Contents Preface First Chapter

The Forgotten One Hundred Jewish Metaphysics at the Founding

Hebrew Metaphysics Seven Events that Revealed the Power of the Second Wing Summation Second Chapter

Two Beat as One: Plain Reason,

Humble Faith What is Faith? The Added Lift of Faith Political Corollaries The Most Precarious Regime Third Chapter

Fourth Chapter

Fifth Chapter

Immoral Man, Moral Society,

Religious Liberty A Whip in the Mouth The Massachusetts Way Virtue in Community Establishment, No - Pillars, Yes The Corruptibility of Liberty If You Can Keep It A Religious Theory of Rights The Concept of Dignity Zuckert's Exposition of Jefferson The Logic of Liberty A Religious Interpretation of the Founding Ten Questions About the Founding 1. You Wouldn't Pray to "Nature's God," Would You?

1 3 8 13 24 25 27 39 43 46 49 52 61 65 70 72 75

77

79 85 90 97 99

2. Wasn't the Religion of the Founders

Epilogue Appendix

Acknowledgments Notes Bibliography Index

Merely Utilitarian? 3. "Common Sense" and ""Faith" Have Many Meanings, No? 4. When and Why Did Legal Elites Become Hostile to Religion? 5. Does the Logic of the Founding Lead Inexorably to Relativism? 6. Is ""Faith" the Same as "Natural Theology"? 7. Does America uhordinate Religion? 8. Why Do Scholars Today Clip ""The Second Wing"? 9. H Aquinas Was the First ·whig, Why Did a Regime of Religious Liberty Appear o Late? 10. What Is Your Favorite tory from the Founding? How Did the Virginians Ground Religious Rights? The Forgotten Founders A Secular Hurrah! Sherman. "'illiams. "'illiamson. R. T. Paine. Paca. Morris Alexander Hamilton Princeton's John Witherspoon Livingston, King, and Henr)' Rush. Dickinson. and Wilson The Three Catholic Cousins George Mason Thomas Paine John Adams Benjamin Franklin The Price They Paid

101 106 110 113 116 117 1.20 1.20

1.23

1.25 143 147 147 149 151 15.2 153 158 160 16.2 165 173 175 177 181 .243 .261

PREFACE

The Forgotten One Hundred

M

ost of us grow up these days remarkably ignorant of the hundred men most responsible for leading this country into a War for Independence and writing our nation's Constitu­ tion. Benjamin Rush and James Wilson were reputed to be the most learned men amongst them, hut what do most of us know about the fun­ damental beliefs and convictions of either of them? It would be easy to list ninety names from among the top one hundred and defy the reader to describe what they did or stood for; only a handfull are well known. This is a scandal. How could it have happened? For one thing, many of the guardians of the nation's memory are secular men, for whom the faith of our fathers is of diminishing impor­ tance. The law schools, the jurists, and the history departments show little interest in religion. One wing of the eagle by which American democracy took flight has been quietly forgotten. If the words of George Washington in his Farewell Address to the Nation (to be recounted later) are to he credited, this forgetfulness may yet undo the nation. Although I have wanted to write this book for some forty years, my own ignorance stood in the way. It took me a long time, time spent searching up many byways and neglected paths, and fighting through a great deal of conventional (hut mistaken) wisdom, to learn how many erroneous perceptions I had unconsciously drunk in from public dis­ cussion. This hook is a record of what I found. It is, perhaps, too filled with

2

ON TWO WINGS

s. I pra� that the Amt>ril'an 1woplt> shall t-'\ t-'r kf'f'J) our

t>nd of the Covt>nant with our Crt'ator. from whid1 our lwginnings issued. ·'Annuit Coeptis [He smilf'd on our Bt>ginnings ]:· our founders wrote upon the Seal of the United States.

ONE The sacred rights of mankind are not to be rummaged for among old parchments or musty records . They are written, as with a sunbeam, in the whol,e volume of human nature, by the hand of Divinity itself, and can never be erased or obscured by mortal power. -Alexander Hamilton

FIRST CHAPTER

Jewish Metaphysics at the Founding

I

n one key respect, the way the story of the United States has been told for the past one hundred years is wrong. 1 It has cut off one of the two wings by which the American eagle flies, her compact with the God of the Jews - the God of Israel championed by the nation's first Protestants - the God Who prefers the humble and weak things of this world, the small tribe of Israel being one of them; Who brings down the mighty and lifts up the poor; and Who has done so all through his­ tory, and will do so till the end of time. Believe that there is such a God or not - the founding generation did, and relied upon this belief. Their faith is an "indispensable" part of their story. By contrast, to read most philosophers and historians of the American polity today is to learn that America is an historical embodi­ ment of secular philosophy, the Enlightenment. Virtually all schools of politics and law today diminish the power of religion in American thought - the conservative as much as the progressive school, the tra­ ditionalists as well as the civic republicans, and the followers of such diverse political philosophers as Leo Strauss and John Rawls. Yes, most admit, the Pilgrims believed in God and covenants, sin and justice, damnation and moral uprightness, but the Constitution pri­ vatized religion, neutralized it, and put it on the slow road to extinction under the marching feet of knowledge and prosperity. Religion was deliberately subordinated to secular purposes. ""The Constitution was ordained and established to secure liberty and its blessings," one scholar writes, ""not to promote faith in God. Officially, religion was sub­ ordinate to liberty and was to be fostered only with a view to securing liberty. " 2

6

ON TWO WINGS This pidun· of tlw Unitt>d StatPs is partly (·orrf-'('t and, therpfore.,

wrong in tlw most dangPro11s way - it is partly wrong. \\'hat is truthful in it makes tht> n·st sed11ctiv1·. Tlw true part is that without tlw Enlight­ Ptmwnt Anu·rica would not havt· assunwd the lwndicent shape it did. :1 The influetH·e of the aq.?;um,·nts and formulations pionPered by Lockt> were both extensive and persuasive to man) Amt>ri"ans - so much so as to have be('onw a kind of ('ommon sense. Lo('kt' had to t•s(·a1w the wrath of the British monan-h hy flt·t·inµ; to Holland for a time. as did the first Pilgrims on thf-'ir way to VlassadwsPtts. L,) ('ke· s st>an-h for a lwtter design of govt>rnnwnt was analogous to their own. I ndeed. Lockf-' may havt' glt>aned many nt>w ideas from n•flpctinµ; on thP t>arly American compacts and declarations. 4 Like tht>irs, Lockt>·s prost'. too. sonwtimf-'s moved on two levPls at once. In calm phrast>s t>xmling a sPre1w common st>nst>. he nonethPless sketched in dark and atomfr tt'rms a .. state of naturt> ·· outsidt> civil soci­ ety: As if individuals alone and in the state of nature Wf-'rt' threatt>ned. vulnerable. selfish. and committt>d ahove all else to st>lf-prest>rvation. Although prt>sented in the sunny idiom of rPason and ,·ommon sense. Locke's view of man had a Protestant loneli1wss in it. Indeed. if anv in the founding gt>neration felt incompatihility betwt>en Locke and the Protestant tradition ( as many writt>rs do today). tlwy did not nwntion it: and many preachers and writt'rs citt'd hoth Locke and tlw Bihle in the same paragraph." Tht> founding generation movt>d easily hetwt>t'n faith and practical. connnon-st>nse rt>asoning. indt>t>d mountt'd upwards on both those wings in unison. Proft>ssor Donald Lutz counted:�. lS4 citations in the writings of the foundPn;� of tht>st', 1warly 1.100 refrrences (34 pt>rcent) are to the Bible, and ahout :�00 Pach to Montesquieu and Blackstone, follo'"ed at a considerahlt> distance by Lockt> and Humt' and Plutarch. 7 No Ameri­

can t>dition of Locke was available until the ninetet>nth ct>nturv. hut copit>s printed in England wert' available in many law office1-, and church studies. 8 Those who l'ited Locke in tlw writing1-, of tlw founding 1wriod frequt>ntly listed him alongside Sid1wy. Cict>ro. Ari1-,totlt> ... and tht> t'lt>­ nwntary hooks of pu hlic right." as )

J efft>rson

did in dt>scrihing the

sources of tht-> Declaration: Sd10lars of a secularizing lwnt rightly point

to Lockean phrast>s and turns of argument in J t>fft>rson's Dt>claration of Independence. hut fail to note tlw older influt>nce of otht>r authors and, parti:-entation of tht> children of lsraPl in the \\'i lderness . led by a cloud by da) and a pillar o f firp by night . "' 1 6 He lat Pr concludPd o ur fathPrs . as l s raPl of old . from thf'ir native land and plantt>d tht>m in a country flowing with all thf' nf'CP:-­ . sarif's and comforts of lift>. •· This imagt> of · ·God·:- Amf'rican 1 :- rat>l . 1 7 madP availablf' fou r frpsh pt>rspt>ctives . brought to intt-'nsf' focu :- by tht> Americans in a new and historically original way. The first of tht>sf' 1ww pf'rspf'ctivt>:- wa:- a narrativP of p urpost> and progrpss . Tlw Gt>ntilf's of tlw ancit>nt world lwlit>vt>d in cydt>:- of tinw as rf'gular ( thPy thought ) a:- tht> circ ular mon'nwnt:- of tht> :-tar:- . Tht>y lwlievPd in PtPrnal n'currt>IH't' . But tlw Anwricam of l 770- 1 799 did n ot lwlievP that tinw is cyclical . going nowlwre . spinning in cirdt>:- point­ }pssly. Tht>y lwlievt>d that history had a begi,rn ing and was guitlt>d hy Providt>lH'f' for a purpose . Thu s . J ohn Adam:-: ··I always considf'r thf' sf'ttlPmPnt of Anwrica with rf'Vf'rt>ncf' and wondt>r. as thf' opf'ning of a grand st·t>nt-' and dt>sign in ProvidPncf' for tht> illumination of thf' igno­ rant , and tlw t>mancipation of tlw slavish part of mankind all over the Parth . " 1 a Tinw (in thP view of tlw foundt>r:- ) was crt>ated for tht> u nfold­ ing of lrnnurn liberty . for human t>mancipation. This p urpose rt>quires humans to choosp for or against b uilding citit>s worthy of tlw idt>als God

J E W I S H M E TA P H Y S I C S A T T H E F O U N D ING

9

sets before them: liberty, j ustice, equality, self-government, and broth­ erhood . The very first paragraph of The Federalist stresses this moment of choice : It seems to have been reserved to the people of this country, by their con­ duct and example, to decide the important question, whether societies of men are really capable or not of esta blishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general mis­ fortune of mankind. 1 9 Time was created b y a God who ""humbled Himself," reaching down to dramatize full human potentialities by ""providential signs" among the human beings He had created . Thereafter, ""in the course of human events," human beings are called to learn from their own mistakes and failures , to p ut together piece by piece ""an improved science of poli­ tic s ,"20 and s lowly work out a design for institutions of liberty in political economy. History is a record of progress (or decline) , measured by permanent standards , God's standard s , as learned from and tested by long experience. History, in this sense - open, purp osive , contingent in liberty - is not a Greek or Roman idea . It is Hebraic ; its source springs from the Biblical historians and prophets . Probably most of the humans who had ever lived before the arrival of Judaism on the world stage never even heard of ""progress . " The literature of Greece and Rome looks back­ wards , to golden ages of the past; the movement of time is circular. For Jews and C hristian s , by contrast, history is heading somewhere new : toward the New Kingdom of God, a kingdom of j ustice and love and peace , a new city on a hill . Humans are impelled by their inmost nature to seek that new city. This ""pilgrim's progress" is not a straight line, and it is not automatic or inevitable; it is by way of trial and suffering. Here

is Federalist No. 14: Had no important step been taken by the leaders of the Revolution for which a precedent could not be discovered, no government established of which an exact model did not present itself, the people of the United States might at this moment have been numbered among the melancholy victims of misguided councils, must at best have been la boring under the weight of some of those forms which have crushed the liberties of the rest of mankind.

10 O N T W O W I N G S Happily for America, happily we trust for the whole human race, they pur­ sued a new and more noble course. They accomplished a revolution which has no parallel in the annals of human society. They reared the fa brics of governments which have no model on the face of the globe. They formed the design of a great Confederacy, which it is incumbent on their successors to improve and perpetuate. 2 1

Second, Hebrew metaphysics hdd that everything in creation in all its workings and purposes is intelligihh· - suffused with reason , not absurd - in the eyes of a divine and loving Creator, Who created from nothing everything that is, and saw that it was good , and loved it; a Cre­ ator Who is more powerful than earthquakes, floods, erupting volcanos. hurricanes or anything else in the world, and different from them. One should not mistake this God for any part of His creation - as the Mayan Indians seem to have done , identifying God with rain and snakes and frogs and jackals (powerful forces in the dark, all of them). On the one hand, the world is not in itself divine . On the other, its Creator cannot he touched, tasted, heard, seen, or smelled. The Creator is independent of the world; therefore , the world can be looked into , investigated. and experimented with without infringing on His divinity. Strictly speaking. the Creator is beyond human categories, cannot be expressed in words that are like other words, imagined from the things of this world . or named as other things are named. He is not part of the material world. Seeking Him, it is better to aim one's mind in the direction of Spirit and Truth rather than matter, toward an Ineffable One Whom we do not name. 22 Instead, we place four letters where a name would normally be : Thus, the Hebrew letters that in English we pronounce ]ah u-eh. Third, cherishing humble and weak things most of all. the Cre­ ator made at least two creatures to know Him, to love Him , and in total freedom (and not as slaves) to walk with Him - ··male and female , He made them" (Genesis 1 : 2 7). ·'The God Who gave us life gave us liberty at the same time ," Jefferson wrote ,:n summarizing the Biblical meta­ physic. Liberty is tht- human condition established by the Bible , nearly every chapter of which turns upon the exercise of that freedom . as a wheel upon its axis. What will Adam , King David , Peter. S aul do next? 24 Liberty is the axis of the universe , the ground of the possibility of love, human and divine . Thus John Adams wrote: ·"Let us see delin­ eated before us the true map of man. Let us hear the dignity of his nature , and the noble rank he holds among the works of God . . . and that God Almighty has promulgated from heaven, liberty, peace, and

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11

good-will to man!" 2 5 Moreover, the American tradition clearly distin­ guishes a false idea of liberty - license - from the true liberty exercised in reflection and deliberate choice. 26 Despite this high calling, men and women fail often, are vulnerable to human weakness, and are in want of checks and balances against their frailties. Fourth, in Hebrew metaphysics the brief span of a human life is experienced as a time of suffering, testing whether humans can remain faithful to God's purposes in creating them - whether we will ( or will not) show grace under pressure. In the Bible, the bright red thread of human history is not just liberty but liberty on trial. God, wrote John Perkins, "deals with mankind as rational beings, in a state of trial and probation. "2 7 For many generations of Americans, Pilgrim 's Progress dramatized this time of trial. The young should steel themselves for later suffering. The drama of their lives can be simply stated: Will they exem­ plify under pressure a noble use of liberty, as their forebears did? Let us read and recollect and impress upon our souls the views and ends of our own more immediate forefathers, in exchanging their native country for a dreary, inhospitable wilderness. Let us examine into the nature of that power, and the cruelty of that oppression, which drove them from their homes. Recollect their amazing fortitude, their bitter sufferings, - the hunger, the nakedness, the cold, which they patiently endured, - the severe labors of clearing their grounds, building their houses, raising their provisions, amidst dangers from wild beasts and savage men, before they had time or money or materials for commerce. Recollect the civil and religious principles and hopes and expectations which constantly supported and carried them through all hardships with patience and resignation. Let us recollect it was liberty, the hope of liberty for themselves and us and ours, which conquered all discouragements, dangers, and trials. 28

This drama of liberty gave birth to two "whig" theories of history, one Protestant and one Catholic. 2 9 Nowaday s, even secular people interpret history in the light of progress, rights, and liberty. Yet unbe­ lievers received these concepts neither from the Greeks and Romans nor from Enlightened Reason, but via the preaching of Jesus Christ, from whom the Gentiles learned the essential outlook of the Hebrews: that the Creator gave humans a special place among all other creatures, and made them free, and endowed them with incomparable responsibility and dignity. This sequence of related conceptions - that time had a beginning and is measured for progress (or decline) by God 's standards; that

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0 N T W O W I NGS

t>verything in tlw world is intelligihlt• . an d that to inquire . in ven t . an d discover is an imp u lse of.fa it h as well as of re as on ; that tht> C rea tor endowed us u·ith liberty a n d i,u,iola hle tlw Divint> J udge shows ( ·on ct•rn for t h e weak a n d the h u m ble : that lift> is a time of du ty a nd tria l; and that history is to lw µ;raspt•d as the dra ma of h u m a n lib­ erty - all tht>se art> tlw ha1 ·kµ; rotmd that make sense of the Dt>1·l aration of l n depernlen1·e. Ameriea and I srael. the first I srael an d the S t' C O ll(l . s hP d light o n each other: The God of heaven hath not indeed visihly displayed the glory of his majesty and power before our eyes, as he came down in the sight o f Israel on the burning mou nt; nor has he written with hi'> own finger the lawtrayal of the solemn oaths of loyalty they had s\\ orn to tlwir King doomt>d them to a public hanging. Befort> future ge1 wration s . their childrt'n would ht' disgract>d. To still their tremhling. they pied their case hefore a greater and wholly undeceivahle J udge . .. appt>aling to the S upreme J udge of tlw world for tlw R ectitudt> of our I n tentions:· I n an alogous straits. other C hristian!'i in otlwr places and times acted diffe rently. Contrast tlw role givt>n to rebellion ( Satan ' s ··Non serviam ! "" ) in J ohn Milton · s Pa ra dise Los t with Benj amin F ran klin "s "" R ebt'llion to Tyrants is Oht>dienct' to G od. " The Bible is n ot a c ut-out hook. I t is n ot a pattt'rn hook that has been us ed hy all peoples at all

J E WIS H M E T A P H Y S I C S A T T H E F O U N D ING

13

times in the same way. Americans took its appeal to the imperishable dignity of each person with uncommon hope and optimism, erecting on it ( with the help of Locke and many others) a new structure of rights and covenant s . The depths of this metaphysical background gave them unusual moral strength. Any recounting of the story of the American polity that cuts off this metaphysical background will never fly.

Seven Events that Revealed the Power of the Second Wing Out of multitudes of incidents that could he cited , let me list but seven events that bared the depth and power of the Heb raic view of reality shared by this nation's founding generation. These vital incidents con­ stitute mighty obstacles to a merely secular interpretation of the founding. The first event was the first act of the First Continental Congress .

During early September 1774 , from every region, members of the First Continental Congre ss were riding dustily toward Philadelphia , where they hoped to remind King George I I I of the rights due them as Eng­ lishmen . As these delegates were gathering, news arrived that Charlestown had been raked by cannonshot, and red-coated landing parties had surged through its streets. As their first motion , the gathering delegates proposed a public prayer, that they might gain in sobriety and wisdom. M r. Jay of New York and M r. Rutledge of S outh Ca rolina spoke against this motion , because Americans are so divided in religious sentiments (they said) , some Episcopalian s , some Quakers , some Anabaptists , some Presbyte­ rians , and some Congregationalists , that all could not j oin in the same act of worship. Sam Adams arose to say he was no bigot, and could hear a prayer from any gentleman of piety and virtue, who was at the same time a friend to his co untry. Mr. Adams s aid he was a stranger in Philadelphi a , but had heard that a certain Reverend Duche had earned that character, and moved that the same be asked to read prayers to Congress on the morrow. The motion carried. Thu s , i t happened that on September 7, 1 774, the fi rst official prayer b efore the Continental Congress was pronounced by a white­ haired Episcopal clergyman dressed in his pontificals , who read Psalm 35 aloud from the Book of Common Prayer:

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0 N TW O W I N GS

Plel1d my cause, ( ) Lord, wzth them that striue with me: fight against them that fight against me. Take hold of shield and buckler, and stand up for mine help. [)rau llt ,dsu the spe,ir, and stop the w,1y ugcw1st them that persecute me: say unto my soul, I am thy salvation. Let them be cmz/r1unded und put to shame that seek after my S(Jul: let them be turned back and brought to confusion that devise my hurt. Let them be as chaff before the wind: and let the angel of the Lord chase them. Let their way be dark and slippery: and let the angel of the Lord persecute them. For without cause have they hid for me their net in a pit, which without cause th ey have digged for my soul. Let destruction come upon him at unuwareness; and let his net that he hc1th hid catch himself: into that very destruction let him fall. All my bones shull suy, Lord, wh o is like unto thee, which defiz,erest the poor from him that is too strong for him, yea, the poor and the needy from him that spoileth him? Let them be ashumed and brought to confusion together that reioice at mme hurt: let them be clothed with shame und dishonour th.:it m,ignify them­ selves against me. (KJV) 1

Before the Episcopal priest knelt Washington . Henry . Randolph . R ut­ ledge . Lee , a n d J a y . a n d h y their side . heads bowed . t ht> P u r i t a n patriots , w h o c o u l d i magine at that moment t h e i r h o m e s being b o m­ barded a n d overru n . Over these h owed heads the Reverend D uc he uttered what all testified was an eloquent prayer. .. for America . for Con­ gress . for the Provinct' of Massachust'tts B a y . and es1wcially for tht' . town of Boston . . Tht> emotion in tht' room was palpable . and J o h n A d a m s wrolt ' to his wife Abigail t h a t h e . . h a d n e v t' r heard a better prayer. or ont' so well pro n o u n ced . I never saw a greatt'r efft'ct upon an audience. I t set'med as if heaven had ordairwd that Psalm to he rt'ad on that morning . . . . It was enough to melt a heart of stone. I saw tears gush into the t'Yt's of the old . gravt> pac ific Q uakers of Philadelphia . . . . I must beg you to read that Psalm. "3 1

The second event was the sermon of John 'Witlwrspoon of Prince­ ton on May 1 7 . I 7 7 6 . i n which this president of Princet o n . having hitherto oppost>d the relwlliousness implicit i n open revolt . went over to the side of independence , and expounded with a fint' Scottish hrogut' on the mea ning of Providence for a young Amt'ri c a , i n tlw light of the stru ggl t's of the pt>ople of hrael against tlwir own kings . Witlwrspoon

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was James Madison's teacher, and the latter had spent an extra year at Princeton in a personal tutorial . In all, Witherspoon taught one vice­ president, twelve members of the Continental Congress, five delegates to the Constitutional Convention, forty-nine U. S . representatives, and twenty-eight U . S. senators; three Supreme Court justices, eight U. S . district judges, three attorneys general and one secretary of state, two foreign ministers, and scores of officers in the Continental Army. =� 2 He was the most influential academic in American history. His famous ser­ mon was printed and distributed in over 500 Presbyterian churches throughout the colonies. It helped prepare many consciences for the supreme act of the Declaration of Independence seven weeks later on July 2-4, 1 7 76. Using as his text Psalm 76: 10 ( Surely the wrath of Man shall praise thee ; the remainder of Wrath s halt thou restrain ) , Wither­ spoon lays out a vision of how Providence actually works in history, which bears comparison with the teaching of Thomas Aquinas on the same subject. 33 '"The doctrine of divine providence," Witherspoon begins, ""extends not only to things which we may think of great moment, and therefore worthy of notice, but to things the most indifferent and incon­ siderable. " Even things that seem ha rmful and destructive may be turned to our advantage; even the enemies of the law and morality can­ not escape being the instruments of Providence. Providence does not manipulate people like puppets on a string or move things and events like a deus ex machina. Rather, the hazards and contingencies of nature work their natural effects, as if in a pattern favorable to His purposes. The armies of the enemy, ferocious and irresistible, are rendered irres­ olute when their commander comes down with dysentery on the eve of the intended assault; rains make the terrain of the final charge impass­ able; an unforeseen fog brings operations to a halt. Nature affords countless chinks in its regular workings through which the Divine Artist, without bending any law against its nature, or any will against its own choice, can govern events. Thus it happens that, to apply this doctrine "more particularly to the present state of the American colonies, and the plague of war, the ambition of mistaken princes, the cunning and cruelty of oppressive and corrupt ministers, and even the inhumanity of brutal soldiers, how­ ever dreadful, shall finally promote the glory of God. " The King of England may huff and puff, and his great fleets may set sail to rage

16

0 N T W O W INGS

against A m erican port s . h u t Providen Ded aration wt>rf' strun g together as a

single prayer, the prayer would run as follows : Crea tor, who hlls endowed 111 us our znalienahle righ ts. Maker of nature and nature 's lail's, undcceiuable Judge uf the rectitude of our intentions, we place our firm reliance upon the protection of divine Providence, which you have extended over our nation from its beginnings. Amen. The fourt h event dt-'monstrating that mo rt-' than tht-' E nlightt>n­ ment w as at work in tht> R t>volutionar y War is as fo llows. O nly fi ve months aftn the Dest of that year seriously impt>rillt>d morale. Congress set aside December 1 1 , 1 7 76 , and decreed that the s eparate States should orga­ nize on that tht'r and to grant its ritizt'n s the s ocial and person al v irtues n eces s ar y for the r oun tr y ' s s urv iv al. Thes e wor d s hav e often b een reprin ted as the Prayer of Washington for this r ountry : I now make it my earnest prayer, that God would have you, and the State over which you preside, in his holy protection, that he would incline the hearts of the Citizens to cultivate a spirit of subordination and obedience to Government, to entertain a brotherly affection and loue for one another, for their fellow Citizens of the United States at large, and particularly for their brethren who have served in the Field, and -finally, that he would most graciously he pleased to dispose us all, to do Justice, to loue mercy, and to demean ourselves with that Charity, humility and pacific temper of mind, which were the Characteristicks of the Divine Author of our blessed Reli­ gion, and without an humble imitation of whose example in these things, we can never hope to be a happy Nation. 45

The sixth event occurred toward the end of the fighting s eason in late Augus t, 1776, when George Washington had ass embled a main body of s ome 1 2 ,000 loc al militiamen of the Con tinental Army on Lon g Isl an d . By s ud d en n av al man euv er s , British G en eral s H owe . C l in ton , C orn­ wallis , and Percy, with the German Majo r General von H eister, l an d ed a roy al d etachmen t twice as l arge to the rt'ar of the C on tinental Army. The British took up positions to march s wiftly toward the East R iver to trap Washin gton 's entire army, and put a s udden end to the in s urrec­ tion . As n ight fell, s eeing the l arge force they had as s embled and their high mor al e, the Britis h wer e con fi d en t of v ictory the n ext d ay. T he American s , however. knew they might lose everything. Washington d es­ perately sent out the call for t'V ery availahle v es s el and began ferrying his troops hy cover of n ight h ack to Manhattan . All n ight the men scoured for boats , marcht'd in s ilen ce, and rowed , b ut as dawn was ris­ ing in the East only a fraction of tht' Army had made its escape. W hil e working with frantic speed , the Americans prepared for the worst. 46 As if in answer to their pray er s , a heavy fog rolled in and lasted until n o on . Empl oy ing ev ery minute of thos e extra hour s , Was hington s aw the last of his men dis embark. H is en tire Army had es caped . M an y thanks to God wen t heav enwar d . F or many men , the miracle of Long

J E W I S H M E TA P H Y S I C S A T T H E F O U N D ING

21

Island was one of those ""signal interventions" of Divine Providence of which both Washington4 7 and the author of Federalist No . 3 7 made mention. Despite so many reasons for disunity - the delegates had arrived from slave states and free, from small states and large, from rich states and from poor - Publius marveled at the improbable unanimity arrived at in the Constitutional Convention: It is impossible for the man of pious reflection not to perceive in it a finger of the Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.

In two other passages, also, The Federalist notes the blessings of Prov­ idence upon this country. 48 The seventh event demonstrating conclusively the Biblical meta­ physic appeared at the end of the third year of the war. Congress had many reasons for expressing the nation's thanksgiving to God, and to beseech His continued mercy and assistance . J ohn Witherspoon was deputed to draft a Thanksgiving Day recollection for those events, and the Congress decreed national Day s of Thanksgiving on October 20, 1779; October 26, 1 78 1 ; and October 1 1 , 1 782 . A sampling of the words set before the whole nation on these occasions testifies to the covenant the people had entered into with the God of liberty. In 1 779 , the Con­ gress urged the nation ""humbly to approach the throne of Almighty God" to ask ""that he would establish the independence of these United States upon the basis of religion and virtue. "49 Then followed The Congressional Decree of I 78 1 : Whereas, it hath pleased Almighty God, the father of mercies, remarkably to assist and support the United States of America in their important struggle for liberty, against the long continued efforts of a powerful nation: it is the duty of all ranks to observe and thankfully acknowledge the interpositions of his Providence in their behalf. Through the whole of the contest, from its first rise to this time, the influence of Divine Providence may be clearly perceived in many signal instances, of which we mention but a few. so

The Congress then listed seven accomplishments of Providence on behalf of the cause of liberty : in revealing the councils of the British in fortuitous ways; in strengthening the union of states; in heightening the number and zeal of the friends of liberty; in rescuing our forces from certain disasters and blessing us with surprising victories; in bringing the great strength of France to liberty's aid; in leading the British '"to pursue such measures as have most directly contributed to frustrate

22

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thf'ir own df'sirf's and f'X}Wl' t a t io n s : " and . s f' V f' nt h a n d .. a hove a l l . in making tht>ir f'Xt renw cnwlty to the inhabitants of thf'sf' S t atf's . when in thf'ir powf'r. and t lwir savagf' df'vastation of p roperty. the vt>ry nwans of cf'mf'n ting our union , and adding vig,ir to t'Vf'ry f'ffort in opposition to them. " T h f' Conti1wntal Con grf'ss w a s so movt>d i n its o w n rf'trospt•ction that it u rgt>d th,, 1 woplt> of thf' l n ited Statt>s not to o, t·rlook .. the good­ n f' s s of God in t hf' y1·ar now d rawing to a c o n c l u s i o n . . . in w h i c h t ht> y again countf'd a half-dozf'n hlf'ssin gs : a yt>ar .. in whif-h tlwrs of prowt>ss and su1· 1·t>ss in our armif'�.. : part icul arly i n thf' Southf'rn St ates . when· . notwithstanding thf' diffi('ultit>s with which t hey had to struggle . t hey havf' rf't'O\ f'rf'd the whole 1·otmt ry which t lw f'nemy had ovf'rru n , lt>aving t hf'm only a post or two on or nt>ar thf' Sf'a : .. and ""in which therf' has hf'f'n so plentiful a harvf'st . and so great alrnn­ dancf' of t he fru it s of t hf' f'arth of evPry k i nd . as n o t only e n a bles us easily to supply thf' wants of thf' army . hut �rivf's ('Omfort and happiness to t he w hole people. ·• Thf'y are grateful . as wdl . for .. tlw su,·cess of our allies by sea ," and lwcause .. a General of tlw first R ank . with his whole army, has heen captured by the allied forces undPr t lw direction of our ., Commander i n C hief. Thf'y express the df'sirf' of tlwir l'Onstituf'n t s : with grateful hearts, t o celebrate the praise o f our gracious Benefactor; to confess our mlznifold sins; to ofter up our must ler1'€'11t s11ppl1c,1tio11s tn the God of all gruce, thut it llhl)' pleuse Him tu pc1rdu11 uztr utfences, ,md mcline our hearts lor the fitture to keep c1ll his tnl's; tu comfort c111d rclze1'€' ,ill our brethren who are in distress or captivity; to prosper all husbandmen, and give success to all engaged in lawful commerce; to impart wisdom and integrity to our counsellors, judJH ('f' of thP night . .. wht>n I rdiPct that God is just. "54

Anwricans of tlw foun ding gPrwration appt>alt>d without flins. Jf f P!'isely l ,pcausf' thPy b elieved tht>y had formed a ('OVf'nant with Him. in tht> n anw of His most prPcious gift to thf' universf' . thf' lilwrty of tl w sons of G od. The l n itf'd States was estab lished. in tht> min d of its founders. to ach an ce tht> for­ tunes of that great gift.

Our fathers' God! To Thee, Author of liberty, To Thee we sing. Long may our land be bright With freedom's holy light; Protect us by thy might, Great God our king. 5 5 I n b riPf . a mass of PV i(lPnce dt>mon stratt's that what tlw founding gnwration did can not lw Pxplaint>d hy tht> Enlightt'nmt'nt alont'.

TWO The belief in a God All Powerful, wise, and good, is so essential to the moral order of the World and to the happiness of man, that arguments which enforce it cannot be drawn from too many sources nor adapted with too much solicitude to the different characters and capacities impressed with it. -James Madison

SE C O N D CHAPTER

Two Beat as One: P lain Reason, Hum b le Faith

0

n two wings the American eagle rose into the sky. On plain rea­ son and h umble faith. Plain reason is not so h a rd to understa n d . But how did the fo unders think of faith? A n d

what, in their minds , d i d faith a d d to reason?

What is Faith ? What the founders meant Ly reason is not far to seek. They meant the qualities of mind to which the Federalist addressed its arguments. These qualities were quite well known in the ancient and medieval tradition : sober reflection and calm deliberation ; an ability to overcome passion and self-interest; and a capacity to consider the larger picture , the pub­ lic good , and the future interests of posterity. 1 They also meant '"common sense: " a due regard for the long expe­ rience of mankin d , a close observation of concrete facts , a sharp eye for the newness of the present, and a willingness to try practical exper­ iments . The most important thing is this: the founders saw themselves laboring within a long community of inquiry, at home simultaneously in the world of biblical and classical examples and in the practical world of the eighteenth century. For most of them , the Bible and plain reason went hand in hand , moral example for moral example . Even for those few (such as Thomas Paine) for whom common sense and the Bible were antitheses , plain reason led to belief in God. Paine ridiculed the Bible , hut, as we shall see , he was not a n atheist. For most of the others , the Bible itself drew attention to reason .

27

28

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Tlw God W ho m adt' al l thinl,!s 11 ndt->rstood t·vny dt> tail of what He made. Thus t'Vt>ry thi n µ: . al , sol utt'ly 1•wrythi n g , 1·ould l w stud it>d with p ra1·ti­ cal pro fit, from lightning fl asl1t•s to tl w way wat1·r l,ubhlt>s in a pot with enough forl't' to l,!Pntly rai st-> its l id. Evt>rythi n µ: ( 'otil d l w stud i f'd for i ts i n ner workin gs and its , ·ohert-' tH't-' with t·\t>rythi n l,! Plst>. Ameril'an s had full < 'o n fid nH·e that stud y p ays off in pra!'lical l wr wfits. Un th1· other hand . every where that rt> aso n led. Anwri!'an s found thf' Hihlt>. If tlwy rt>ad Frnn!'is R arn n , tht·� found tht-> H i l , l f'. If tlwy rt>ad l saa . I n Shakf's1w arP . they found the Bil ,l t>. In John Lof' kP. thf'y found an atta,·k on Fil n wr for usi n g thf' R i hlf' badly to d t> fen d mo n arc hy. whi J ,.. L,w kt> d ainwd suc­ cessfully to he using it h ettPr Pven wlwn rno,inl,! l w yond it. I n the worl d o f thP found en . thP B i h l P w as a n un avoidahlt> and 11 st>ful rod o f n wa­ suremen t, a stimulus to in tellec tual innovat ion. Tom Pai n e call ed his attack o n the Bible The --lµ- P of RPason . an d many accused hi m of l w i n g an atht>i st. h ut in faf't hf' w as so hosti l t> to atheism that he sail ed to FrancP aftf'r 1 789 to fi µ: ht against it . holdi n g it resp o n sihlt> for thP L lootTor. � � uf' h hostil ity to atht'is m was n earl y unin• rsal i n Amt'rie a . o n thf' gro und that w l wre thert' is no omn iscient J udgt' . p o l i ti cal p o w er kn ows no moral d wck. The hi ghly a acht>r of '.\ t'w E n gl an d . J on athan M ay he w, articulated this in 1 766 : Powe r is

of

a grasping, encroac h i ng n a t u re , i n a l l heing'> except i n H i m . ro

reli­ gious or moral sense, "can do no wrong. " Power aims at extending itself, and operating according to mere will, where-ever 1t meets with no balance, check, control or opposition of any kmd. 3 Whom emphatical l y i t " belongerh " ; and Who is the' o n !\' King that, in a

Each Amf'ric an ,davt'hol d t>r had to l w p rq1 art'd t•i tht'r to \\ i t>ld thP lash upon rt> claration states as a truth) t>rn lowt'd all i n div iduals with in alit>n ah lt> rights, lwyond tlw J HIWt'r of thf' s tate to tak t> away. Third. it wt> ak t> n s thf' motivt·s of man y indiv i duals who obst>r v t' thf' law an d do their duty day aftn day. Fourth, it lt>avt>s most indivi duals v uln t>rable to their own pass i on s an d appt'ti tt> s . an d without d t> ar di rec tion for ac ting rt>sponsihly. Among philosophers . rt'ason alon t' is not adeq uate for postin� stH· h din•(·ti on s ( philosopht>rs don · 1 a/!rt't' ) . R Pas on is n ot t>v en adt>q uatf' for i t s own dPf Pn s t' ( many arP irration ali s ts ) . .--\ mon g ordinary 1woplt> , tht· dt>hility of rt>ason hrinl,!s dt>spair to many rwrsons of good will , t>111b oldt>ns tht' immorali s ts . an d lwrds the wt'ak toward vice. Wht>n being rt'asonahlt> and rPS J Hmsihlt> is hurden somP. then' is no ringing answer to the taunt, '"Who cares?" By contrast, tl w founders held faith to l w tht> habit of Sf'f'in g things through the eyes of God, as tht>y had bet'n taught to Sf't' tht>m by a c om­ munity of refl t>c tion on thf' Bihlt' . E ac h r Pader might learn hi s ow n l essons from Sc ripture. h ut tl w community as a wholf' k eeps ali,e Cf'r­ tain b asic moti fs . an d r t' n ews an d reawakt>ns them when t> ver publi c consciousness of suc h matters begins to fade. as it always dot> s . F ar from bei n g c on trary to rt>ason . faith strt>ngthens reason . To t>mploy a poor analogy, faith i s a little like a tt> lt>sc oJH' that magn ifit> s what tl w nakt>d ey e of reason sees unaided. For the foundt>rs. i t was t>vidt' n t that fai th in tllf' G od of Ah r a­ ham, Is aac , and J ac ob magn i fi es human rt' as on . t>rn·u urala!es vir tue. and sharpt>ns a zt>st for lil wrty. Faith wllt'ts tllf' hungt>r for l "e ritas an d n ourishes an appt>tite for buildin g univt>rsiti t's . M or t> ovt>r. a fret> s oci­ ety demands a higlwr l t> vt> l of vi rtut' than a tyr an n y . which n o otht'r moral e1wrgy has ht>rt'tofon· provt'n capablt' of inspiring t'XC t' pt J udai sm and C hristi an i ty. In the c as t> of a few unusual pt 'rsons . l>f'lit'f may not l lf' n t> t> dnl for v i rtm· . h ut amon g a wholt' pt>oplt> an d in tht' lonf!; run . Gt>or�f' Washin�ton wanwd in his ··f art'wt 'll ..\dss:· Of all the dispositions and habits which lead to political prosperit.-, Rel igion and morality are indi spensa ble supports . . . let us with caution indulge the suppos ition , that moral ity can be mai ntained without rel igion. Whatever may be conceded to the in fluence of refined education on m inds of peculiar structure, reason and experience both fo rbid us to expect that Nat i o n a l morality can prevail i n exclusion of religious principle . 1 0 B y tht' acrnunts of some historian s , the most religiously detached

TW O B E A T A S ON E . ..

31

of all the signers of the Declaration or the Constitution was probably Thomas J efferson. No orthodox Christian, believing neither in the divinity of Christ nor in the Trinity, and not at all in the miracles recounted in the Bible, Jefferson nonetheless held firmly that there is a Creator, Governor of the universe, Providence, and Judge to Whom all will answer after death. 1 1 In his days as president, the largest church service in the United States took place every Sunday in the Capitol Building, and Thomas Jefferson thought it his duty to attend. One cler­ gyman who lived close by did not hesitate even on the street to chide Mr. Jefferson about his lack of orthodoxy, as is recorded in the Rev­ erend's handwritten diary, now in the possession of the Library of Congress: President Jefferson was on his way to church of a Sunday morning with his large red prayer book under his arm when a friend querying him after their mutual good morning said which way a re you walking Mr. Jefferson. To which he replied to Church Sir. You going to church Mr. J. You do not believe a word in it. Sir said Mr. J. No nation has ever yet existed or been governed without religion. Nor can be. The Christian religion is the best reli­ gion that has ever been given to man and I as chief Magistrate of this nation am bound to give it the sanction of my example. Good morning Sir. -The Rev. Ethan Allen 1 2

Jefferson, it will be noted, did not deny that he didn't ""believe a word in it." What he strenuously affirms is that the Christian religion is neces­ sary for a republic. During his administration, he supported with government funds the large church services held every Sunday in the Capitol building and other public buildings. 1 3 But why? What led Jefferson and his other contemporaries, some fairly worldly men and some moderately pious, to link the success of republican government so tightly with religious faith, especially Protes­ tant Christian faith? In this matter of religious faith, the Americans were altogether different from their contemporaries in Europe. ""There is no country in the world," Alexis de Tocqueville wrote, ""in which the boldest political theories of the eighteenth-century philosophers are put so effectively into practice as in America. Only their anti-religious doc­ trines have never made any headway in that country." 1,1. Indeed, Tocqueville went further: ""For the Americans the ideas of Christianity and liberty are so completely mingled that it is almost impossible to get them to conceive of the one without the other." 1 5 In this, America is not

32

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at all likt' France . ··In Fran!'e I had �wen the spirits of religion and of free­ dom almost always marching in oppositt- dirt'ctions. In America I found them intimatPly linked together in j oint reign ov t-r the same land. " 1 ll as from Holy S c ripturf'. In a famous sermon, J onathan May hew pointed to all these sources: Having been initiated, in youth, ( 1 ) in the doctrines of civil liberty, as they were taught by such men as Plato, Demosthenes, Cicero and other renowned persons among the a ncients; and such as Sidney and M ilton, Locke a n d Hoadley, among the moderns, I li ked them; they �eemed rational. H aving, earlier still (2) learnt from the holy �cri ptures, that wise, brave and vertous [sic] men were always friends to liberty; that God gave the Israel ites a king in his anger, because they had not sense and virtue enough to like a free com­ monwealth, and to have himself for their k ing; that the Son of God came down from heaven, to make us " free indeed " ; and that "where the Spirit of the Lord is, there is l i berty " ; this made me concl ude, that freedom was a great blessing. H aving, also, ( 3 ) from my childhood up, by the kind of prov­ idence of my God, a nd the tender care of a good pa rent now at rest with him, been educated to the love of liberty, tho' not of licentiousness; which chaste and virtuous passion was still increased in me, as I advanced towards, and into, manhood; I would not, I cannot now, tho' past my middle age, relinquish the fair object of my youthful affections, li berty; whose charms, instead of decaying with time in my eyes, have daily captivated me more and more. [enumeration added] 17 There you have it. F rom tht- ancients, from Holy S cripture. and from his experit'nces, Mayht>w learned his love for liberty. He was not a Puri­ tan but a U nitarian ( as J efferson was ) , v ery nearly a p hilosophic al U niversalis t; in Ne w England terms, s onw thing of a R ationalis t. He was almost s cholastic in his attachment b oth to faith anason. He sang this hymn to Liberty: Long mayest thou reside among us, the delight of the wise, good and brave, the protectress of innocence from wrongs and oppression, the patroness of learning, arts, eloquence, virtue, rational loyalty, religion ! And if any miser­ a ble people on the continent or isles of Europe, after being weakened by luxury, debauchery, venality, intestine quarrels, or other vices, should in the rude collisions, or now-u ncertai n revolutions of ki ngdoms, be driven, i n their extremity, t o seek a safe retreat from sla very in some far-distant cli­ mate, let them find, 0 let them fi n d one in America u nder thy brooding, sacred wings; where our oppressed fathers once found it, and we now enjoy it, by favor of him, whose service is glorious freedom. 1 8

TW O B E A T A S ON E . . •

33

In these beliefs, Mayhew was not alone . Virtually all the founders of the American Republic believed mightily that of all philosophies and religions, the Jewish and Christian religion is the best foundation for republican institutions. Here are but a few texts, to whose number scores of others could be added: • James Madison:

The belief in a God All Powerful wise and good, is so essential to the moral order of the world and to the happiness of man, that argu ments which enfo rce it cannot be d rawn f rom too many sou rces no r adapted with too much solicitude to the different characters and capacities impressed with it. 1 9

• Thomas Jefferson:

And can the liberties of a nation be thought secure when we have removed thei r only fi rm basis, a conviction in the minds of the people that these libe rties a re the gift of God? That they a re not violated b ut with his w rath ?20

• Joseph Story:

The promulgation of the great doctrines of religion, the being, and attrib­ utes, and providence of one Almighty God: the responsibility to him for all our actions, founded upon moral freedom and accountability; a future state of rew a rds and p u n ishments; the cultivation of all the pe rsonal, social, and benevolent virtues-these can neve r be matte rs of indifference in any well-o rde red community. It is, indeed, difficult to conceive how any civilized society can exist without them. 2 1

• The preamble of the Constitution of North Carolina:

We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political, and religious liberties, and acknowledging o u r dependence upon Him fo r the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Con­ stitution. 22

• Sir William Blackstone:

Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human law should be suffered to contradict these. 2 3

But let us hear out other, fuller testimonies. John Adams exhorted clergymen to lead the way toward freedom. '"Let the pulpit resound with the doctrine and sentiments of religious liberty," he said. ··Let us hear of the dignity of man � nature, and the noble rank he holds among the

34 0 N TW O W I N GS

works of God . . . . Lt>t it lw known that British lilwrtit>s a rt> not thf' grants

of p rinct's and p a rl i anwnl s . " 2 1 In l 7 7 S , A d a m s h r aggt> d that tht' ,. Phil a dt> l p hia minist1·rs .. thundn a n d lightt>n f'Vt>ry S a bbath against Georgt' I l l \ dt>spotis m , and .frffprson nott'd that in Viq.,rinia ··pulpit ora­

t o ry ran likf' a shopt>ndt>m't' as tht' Prott>stant churches - and t ilt' ft'w thousand J 1·ws an d C atholip 101,d c of th t' founders :

Liberty is the object of the Republic. Liberty needs virtue. Virtue among the people is impossible without religion. From whil'h it fol lowt'd that t lwrf' must l w education in rt'ligi o n . Othf'r­ wise . thert' will soont'r or latf'r lw moral wt>ak1wss . from whirh will flow yielding to tyrants . Rush fel t so strongly about this that lw would somw r St't' the teach­ ings o f Confucius or M a homt't t a u ght in Anwrican schools t h a n .. Sf'f' tlwrn grow up wholly devoid of a systt'm of n·ligious principlt>s . ·· Whilf' he insistf'd that t lw rt> ligion h e snpport t'd was .. that of t lw N t>w Tt'sta­ ment ,'" most of his rt>ft' rt'llf't'S art' t o t lw To rah . .. I t i s fo rt'ign t o m y purpose," R u s h continues, to hint at the arguments which establish the truth of Christian doctrine. My only business is to declare, that all its doctrines and precepts a re calcu­ lated to promote the happiness of society, and the safety and we ll-bei ng of civil government. Rush then uttt' rs a sentence which lw will rPpeat t h ree times . and so I

TW O B E A T A S O N E ...

35

add emphasis to it: "A Christian cannot fail of being a Republican. " The first of his three arguments for this point is that the history of the creation of man, and of the relation of our species to each other by birth, which is recorded in the Old Testament, is the best refuta­ tion that can be given to the d ivine right of k ings, and the strongest argument that can be used in favor of the original and natural equality of all mankind. 2 8

Even if he knows no philosophy, convictions about limited government and the equality of every individual in the eyes of God are available to any coppersmith or carpenter who reads his Bible closely. Each citi­ zen, no matter how humble , marveled that God knew his individual name before the ages , that the mighty will be brought low and the lowly exalted , and that all are ultimately equal in His sight. Each citizen has the God-given dignity of being responsible fo r how he uses his liberty. Then comes Rush's second argument: A Christian, I say again, cannot fa il of being a republican, for every precept of the Gospel inculcates those degrees of humility, self-denial, and broth­ erly kindness, which are directly opposed to the pride of monarchy and the pageantry of a court. 29

In emphasizing ""brotherly kindness , " R ush chooses a different s tart­ ing place than Locke . Locke begins with a pre-C hristian ""state of nature ," in which men are certainly not brotherly ; his state of nature is befo re civil society, before virtue , before religion . Man in the state of nature is by Locke's definition outside ordinary civil society, outside grace , outside j ustification . Locke worries about the transition from state of nature to civil society. Rush adds a worry about the transition from civil so ciety to virtu e . The two transitions are not unrelated . Preachers of the time often linked them, interpreting Locke's ""state of nature" as a synonym for, or at least an analog of. ""the fall" so much stressed by Protestant ( especially Puritan) theologians . :rn For Ru sh, man , whether in the state of nature or in civil society, still needs the sim­ ple , plai n , b rotherly virtues taught by the precepts of Christianity, especially those virtues so stressed by the Quakers . Like the term ""state of nature," the term ""natural law" had been used by British philosophers such as Thomas Hobbes and John Locke in ways that could be construed as anti-biblical. The Americans typically put these terms back in a biblical context, and understood them in ways

36

0N TW O W I N GS

y did so in passing, hut oflt-'11 tlwy did so t' xprt>ss ly, as wht> n Alt>xandn Hamil ton re huk:....d Thomas Ho hhes . in ordt'r to rt'c·laim .. nat ural law" for the

biblical (and more American) point of view: Moral ohligation, according to [ H ohhe-. ] , is deri ved from the introduction of civil society; and there is no virtue but what is purely artificial, the mere con­ trivance of politicians, for the maintenance of social intercourse. But the reason he ran into this ahsurJ anJ i mp1om doctrine was that he disbelieved the existence of an intelligent ; and nt>ralize this point : ""hen sonw foundt'r:- U !", t' such term!", as "law of nature" and "'natural right s of mank ind :· t h t'y are not u sing them in the same way Hoh bes and Locke die! . Thry are not abandoning t heir Christian beliefs as Hoh hes ct>rtainly did and Lockt> may haY P . O n the contrary . t hey arr asst'rting t hat . .nat u ra l law. . and ··the nat ­ ural rights of mankind'" are harmonious wi t h Christian ht>liefs . eYen spring from Christian helif'fs. Recall John Adams. a!", quoted just abow : ··Let the pulpit resound . . . let us hear of the dign ity of man :� n a t u re . a n d the noble ra n k h e holds a mong t h e zcorks of God:· Thus . t lw foundt'rs u se Lock t>"s terms in m orf' tra ditional way s . c onsistt'nt with H ooker and Sidney, even C i('t'ro. Seneca . and Ari stotle ( for t he ancients also str('ssed man's noble ran k amon1,?: tht' anim a l s ) . :L! They are not con­ cernf'd wit h nice a('ademi1· argnmt'nts . howeYt>r. :u They are not acting as philosophers hut as nation builders. expressing t he wil l of a religious people. 34 •· And lastly." Benjamin Rush writes in offering his t hird reason why a C hristian cannot fail t o lw a republi can . '"his religion t t>arheth him , in al l t hings to do to otlwrs what lw wou ld wish, in like rirrum­ stances . thPy should do to him . ••:Js This is a good teaching for a socirty

TWO B E A T A S O N E . . .

37

whose desperate struggle i s to maintain the union and whose deepest wish is to build a brotherly city. The physician of Philadelphia is not the only one to hold that bib­ lical religion is p articularly linked to republican governmen t. John Adams wrote to Rush in 180 7 : ""The Bible contains the most p rofound philosophy, the most perfect morality, and the most refined policy, that ever was conceived upon earth . It is the most republican book in the world . " 36 Noah Webster repeated this theme in 1834 , eight years after the deaths of Jefferson and Adams: The Christian religion ought to be received, and maintained with firm and cordial support. It is the real source of all genuine republican principles. It teaches the equality of men as to rights and duties; and while it forbids all oppression, it commands due subordination to law and rulers. It requires the young to yield obedience to their parents, and enjoins upon men the duty of selecting their rulers from their fellow citizens of mature age, sound wis­ dom, and real religion. [emphasis added] Lest this a dmonition sound merely theoretic al , Webster, as becomes the author of a dictionary, makes the point in unmistakenly practical terms : Never cease then to give to religion, to its institutions, and to its ministers, your strenuous support . . . . Those who destroy the influence and authority of the Christian religion, sap the foundations of public order, of liberty, and of republican government. 3 7 Because the p rinciple we are tracking here seems so alien to con­ temporary secular scholars , it is useful to provide two more texts , the more p recisely to stress the convergence between common sense and faith . A native of Scotland and l ater a j ustice on the S up reme Court, Pennsylvania's James Wilson wrote in ""The Laws of Nature" in 1 790 , How shall we, in particular cases, discover the will of God ? We discover it by our conscience, our reason, and by the Holy Scriptures. The law of nature and the law of revelation are both divine; they flow, though in different channels, from the same adorable source. It is, indeed, preposterous to sep­ arate them from each other. The object of both is - to discover the will of God - and both are necessary for the accomplishment of that end. 3 8 The same idea appears i n a sermon from a New England divine , Samuel Cooper, D . D . , preached before Governor John Hancock and the

Senate and the House of Representatives of Massachusetts on October 5, l 780 , for the Commencement of the Constitution of Massachusetts and

38

0 N TW O W I N G S

the Inauguration of tht' Nt'w GovernmPnt. Coopt'r had received his doc­ torate at Edinb urgh aftn graduation from Harvard, served as a memher of the Harvard C: orporation , and turned down the presidency of Harvard. He began his sermon ( which was a nthologized in Holland and ehwwht're in Europe as an archetypal American political st'rmon ) that October day with an t'xtendt'd parallel hetwt'en the people of Israel and ''our own circumstances" in 1 780 , hast'd on the thirtieth chapter of J eremiah which dwells on tht' groaning of the Israelites in captivity, des­ o lation , an d co nquPst.

No t hesitating to link

Gt'orge III

to

Nebuchadne zzar, Coopt'r noted that tht' Hebrew government . ·•tho ' a theocracy, was y et. . . a free republic, and that the sovereign ty resided in the people," and in that way he rooted repuhlican liberty in biblical reli­ gion. " Such a constitution , " he proceeded. .. twice t'stahlis hed b y the hand of heaven in that n ation . so far as it respects civil an d religious liberty in general, o ught to he regarded as a solemn rt'co gnition from the Supreme R uler himself of the rights of human n ature. ·· St'tting aside the circumstances peculiar to the situation of tht' Jt'ws at that time. he adds, you may discern ''in gt'neral what k ind of govnnment infinitt' wis­ dom and goodness would t'stablish among mankind. '·:� 9 T ht'n Dr. Coo per marvels ho w the humb le dictates of common .. sense b eat in unison with '·a spt'cial revt'lation fro m heaven : We want not, indeed, a special revelation from heaven to teach us that men are born equal and free; that no man has a natural claim of dominion over his neighbours, nor one nation any such claim upon another . . . . These are the plain dictates of that reason and common sense with which the com­ mon parent o f men has informed the human bosom. It is, however, a satisfaction to obsen·e such euerlasting maxims of equity confirmed, and impressed upon the consciences of men, by the instructions, precepts, and examples given us in the sacred oracles. 40 H aving made the case for libt'rty, in dt'pen dt'n ce. and republican gov­ ernment from biblical t'xamples. Cooper got's b ack to an argument from reason and common sense: [ A ] s piety and virtue support the honour and happiness of every community, they are peculiarly required in a free government. Virtue is the spirit of a republic; for where all power is derived from the people, all depends on their good disposition. If they are impious, factious and selfish; if they are aban­ doned to idleness, dissipation, luxury, and extravagance; if they are lost to the fear of God, and the love of their country, all is lost.4 1

TW O B E A T A S ON E . . .

39

Members of the new House and Senate of Massachusetts , in the middle of a dangerous war, had reason to feel much strengthened by the artillery of philosophy and religion that Dr. Cooper rolled up to support them on that October day. What faith taught , reason sup­ ported. What reason taught, revelation reinforced. 42 As Tocqueville pointed out, it is impossible to establish convictions such as these on the premises of reason alone, as the Continental Enlightenment tried to do . Regarding religion , Europe and America took different paths . As the nineteenth century dawned, Europe put its trust in reason alone , America in both faith and common sense. In their depths the two civilizations went in different directions .

The Added Lift of Faith In recent generations, many writers on the American Experiment have shown painfully little knowledge of detailed discussions of faith and rea­ son that had taken place among learned Christians since the third century A. D. By contrast, most of the nation's founders knew the mean­ ing of such classic terms as ""sentiment," ""opinion," ""conviction ," and ""evidence" in their original Latin and Greek and (in Madison's case) Hebrew. From the generally high intellectual level of preaching in many American churches (ministers often being the best educated of all citi­ zens), they had also learned to draw classic distinctions and to deploy traditional terms . The ""Commencement Theses" required of graduating students by Columbia , Ha rvard, Yale , Princeton , and William and Mary, for instance, were still in the langu age and forms of medieval scholasticism. 43 But what, we may ask, did these learned men think that the lamp of faith added to the lamp of reason and experience? What did faith provide that reason itself did not supply? The founders mentioned at least seven contributions. First, faith adds to reason a cosmic stage ; a drama of the free exercise of personal responsibility in history; and an acute awareness of a climactic judgment on ""the last day," in which no thought, word, or deed will escape scrutiny. In these ways, faith enlarges the human hori­ zon, lifts the eyes. Humans come to see themselves as among all creatures ""the free and the brave" - free, because unlike all the other animals they must make choices , and brave because they will have to

40

O N T W O WING S

do batt l e. against t ht->rnst>l ves first of all , hut a lso against c osmif' forces of t>vil an d darkness that ma y somt>times ovt'rwhf'lm t ht> m. T he fa ct t ha t mt'n a n d womf'n alont' of all (Tt->a tli rt's art> c ontrivt>d with rf'a s on a n d un d t> r s tanding. n ot hrutf' i nst inct al onf' , provf'd t o t hf' founders t ha t

t hey arf' orda int>d for st·lf-governmt->nt and sf'lf-control. 44

S ent>ral diffusion of C hristian knowledgt> hath a t en dency to co1·­ rt>ct the morals of mt>n . rt>strain t ht> ir vicf's. a n d preserve t he pea c e of

TW O B E A T A S ON E . . .

41

society. " 46 Although Americans are bold and enterprising in making their fortunes, Tocqueville writes: American revolutionaries are obliged ostensibly to profess a certain respect for Christian morality and equity, and that does not allow them easily to break the laws when those are opposed to the executions of their designs; nor would they find it easy to surmount the scruples of their partisans even i f they were able to get over their own. Up till now no one in the United States has dared to profess the maxim that everything is allowed in the inter­ ests of society, an impious maxim apparently invented . . . to legitimatize every future tyrant.47

Thus, while in a free society "the law allows the American people to do everything, there are things which religion prevents them from imagin­ ing and forbids them to dare"4 8 - such as breaking the law. When consciences are active, policemen need be few; citizens are law-abiding willingly . Colonial Americans had already experienced periods of declines in religion, accompanied by a steady rise in moral careless­ ness. They had also seen religious awakenings lead to tangible improvements in social peace. This is why they all believed that reli­ gion ""is necessary for the maintenance of republican institutions. That is not the view of one class or party among the citizens, but of the whole nation; it is found in all ranks. "49 Fourth, Tocqueville again: ""Fixed ideas about God and human nature are indispensable to men for the conduct of daily life, and it is daily life that prevents them from acquiring them ." But these ""fixed ideas" are difficult for most men to reach. Even great philosophers stumble in trying to come to them. But biblical faith provides to reason something that only a very few philosophers, and they only uncertainly, can reach for themselves. Thus, sound religion, tested in long experi­ ence, gives a culture an immense advantage. For men cannot act without living out general ideas . Clarity of soul prevents enervation and the dissipation of energies. Some ideas, Tocqueville writes, are a particu­ lar boon to free men: Ideas rooted in the unity of humankind, duties to neighbor, truth, honesty, and love for the law of reason. Regarding these essential ideas, the answers biblical religion gives are ""clear, pre­ cise, intelligible to the crowd, and very durable. " 50 Fifth, religion adds to reason indispensable support for the view that every human being is not simply a bundle of pleasures and pains, a higher kind of cow or kitten or other contented domestic animal .

42 O N TW O WINGS "' Demo s us rt>as ons to paint thf' bot tom of t hf' f' hair. and clt>an the unseen cornt>rs of a room: godliness t>ntails attn1t ion to d etails that no one hut G od s ees . �' hereas mo ralit v f'onstrued within tlw bounds of reason alone is. at best. a matter of ut ilitarian calculation or deontologic al r ult> s . faith s ees moral ht>havior in terms of r elat ions between two persons. oursdves and the God to �-horn we owe muc h. I n this v ein, Ben F ranklin c hast ised his c olleagues at the Con:- titutional C onvention for their ingratitude to t ht>ir lw nf'h ct>nt Fr it>nd � ho had assisted them when they were in need . In this situation of this Assembly, groping as it were in the dark to find polit­ ical truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understa ndings ? In the beginning of the contest with G. Britain, when we were sensi ble of d anger we had daily prayer in this room for the divine protecti on. - Our prayers, Sir, were heard, and they were graciously answered. All of us who were engaged in the strug­ gle must have observed frequent instances of superintending pnwidence in our favor. To that kind providence we owe this happy opportunity of con­ sulting in peace on the means of esta blish ing our future national felicity. And have we now forgotten that powerful friend ? Or do we imagine that we no longer need his assistance ? I have l ived, Sir, a long time, and the longer I l ive, the more convincing p roofs I see of this truth - thut God gouenzs in the affairs of men. [emphasis in the original] 52

TW O B E A T A S O N E . . .

43

Seventh , faith in America has had a dramatic effect on mores , especially in the home. In America, Tocqueville writes , religion ""reigns supreme in the souls of women, and it is women who shape mores. Cer­ tainly, of all the countries in the world, America is the one in which the marriage tie is most respected and where the highest and truest con­ ception of conjugal happiness has been conceived." Tocqueville has no doubt that the ""great severity of mores which one notices in the United States has its primary origin in beliefs . " The comparative laxity of morals in Europe breeds mistrust even in the home, and even broader ripples of mistrust in the public sphere beyond the home. In Europe almost all the disorders of society are born around the domestic hearth and not far from the nuptial bed. It is there that men come to feel scorn for natural ties and legitimate pleasures and develop a taste for disor­ der, restlessness of spirit, and instability of desires. Shaken by the tumultuous passions which have often troubled his own house, the European finds it hard to submit to the authority of the state's legislators. 53

When there is no trust in the home, trust in public life is highly improb­ able. Where there is a lack of self-government at home, self-government in the public sphere has little probability of success. If one cannot say ""that in the United States religion influences the laws or political opin­ ions in detail ," Tocqueville continues , ""it does direct mores, and by regulating domestic life it helps to regulate the state ." In sum, to say nothing of otherworldly benefits , faith adds to rea­ son seven worldly strengths: ( l ) a cosmic stage for the drama of liberty; (2) a watchful conscience; (3) restraint of vice and gains in social peace; ( 4) fixed , stable , and general ideas about the dynamics of life; (5) a check on the downward bias of the principle of equality and the mate­ rialism toward which it gravitates; (6) a new conception of morality as a personal relation with our Creator, and thus a motive for acting well even when no one is looking; and (7) through the high honor paid to the marriage bond, the quiet regulation of mo res in marriage and in the home.

Political Corollaries This list could be extended to greater length. But, clearly, at least three political corollaries follow. The stress of Holy Scripture on the frailty

and weakness of the most devoted heroes of the faith - lustful King

44

O N T WO WINGS

Davi d ; pusillanimous Pt'kr dt'nyinµ; J t> sus thrt>t' t irnt>s on t ht> night H t> di t>d - lt>d tht' fo un dt'rs to n o te ca refu llJ· their o u·n rec urring u:e a k ­ n esses a n d t h os e s - t lw fa ul t s a n d

dPft'('ts a n d dangt'rous tPndt>nc it>s - o f t ht> kind o f govt' rnmt>nt ht' was supporting. """ Su ch systt>mic st>lf- d among C hristians and J t>ws of t'Xamining all things for t ht'ir virtiws and vicPs . Faith not only tea,•hps Pxamination of all things in tlw light of con­ scienct' . It also tt'acht>s lovP fo r the la rgt'r comm u n ity . rPgard fo r thP public goo d , and the identification of 1 wrsonal good with thP good of all. Donald Lutz quott's a patriot from South C a roli n a : .. Tht> S O C I A L spirit is tht' t rue S E L F I S H s pi rit . and men always p romote t heir own i ntert>st mos t , in proportion a s t ht> y promott> that of t ht' i r nPighhors and t heir country. " s 6 As imagt>s of solidarity. t hP founders turnt>d oftt>n to architt>cture. One of tht>ir favoritP philosophPrs was thP R oman from Spain , Seneca , who wrote : --we are horn to live in socit>ty. Our sociPty i s vt>ry similar to a vault ; it w o u l d fall if the stonps did not s uppo r t Pad1 other, thus holding the wholt> vault in plac e . -- s -;o Lutz adds t>xample a fter examplt> to show the ways in which t he founding gpnpration gaw prior­ ity to the community over the individual. 58 Nevnthdt>ss , faith also taught t hP fou rnlPrs t hat evpry singlt> man and woman , almw . has an ina lienable du ty to choost> for or against God . Consider t hest> passagt>s from two st>paratt> s t>rmon s . t ht> first by brat>l Evans: Rel igious l i be rty i s a divine right, i mmediately derived from the Supreme Being, without the intervention o f any created au thority. It is the natural privilege of worshipping [ sic] God in that manner which, according to the j udgm ent of men, i s most agreeable and pleasing to the divine character. As the conscience of m,rn is the i mage and representcornl comes fro m a sprmon entit lt>d .. ThP Rights of C o nscit'nct> Inalienable" by John Leland of R hode Island: Every man must give an account of himself to God, and therefore every man ought to be at liberty to serve God, and therefore every man ought to be at liberty to serve God in that way that he can best reconcile to his con­ science . . . . It would be sinful for a man to surrender that to man which is to be kept sacred for God. 60

TW O B E A T A S O N E . . .

45

Add to these this passage from a letter to Benedict Arnold: While we are contending for our own liberty, we should be very cautious not to violate the conscience of others, ever considering that God alone is the j udge of the hearts of men, and to Him only in this case are they answer­ able. 6 1

The community plays a crucial role in preparing its individual mem­ bers , especially its young, to make sound moral choices . But, in the end, it would be sinful for the community to coerce conscience . Personal responsibility in conscience is the foundation of rights. The most religious Americans of the founding generation of 17701 800 had every reason , therefore , to rejoice in the American experiment. They saw both faith and common sense working in unison. Thus , as William Lee Miller writes : For believing Americans i n their religious capacity, liberty, republicanism, the new nation under the Constitution were not perceived to be inimical to the Christian church of Christian beliefs. Rather the opposite. For Madison's Baptist supporters in Virginia and elsewhere, the making of America was a Second Reformation - another religious triumph. 62

Indeed, six years after the writing of the Constitution , seventeen years after the Declaration of Independence, Christian America was still exulting in the lift given by faith to this nation's great experiment in

liberty: May we not consider these as the dawn of brighter days, of a brighter sun than ever blessed the world before; as a commencement of the golden age, that introduces a better system of religion that enforces moral obligations, not a religion that relaxes and evades them; a religion of peace and charity, not of strife and party rage? 63 There is a final passage in Toc queville , so classic in form and so important that I must now briefly quote it. This French aristocrat, this profound (if not always externally devout) Catholic genius , saw in the two wings of the American experiment a way to unite his two most fun­ damental p assions - for liberty and religion . He sees Anglo-American civiliz ation as ""the p roduct of two perfectly distinct elements which elsewhere have often been at war with one another but which in Amer­ ica it was somehow possible to incorporate into each other, forming a marvelous combination . I mean the spirit of religion and the spirit

offreedom . " Far from h a rming each other, in America ""these two

46

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apparently opposed tt'nden(· ies work in harmony and seem to lend mutual support. " In America, f: hristians and J ews b elit've that God cre­ ated men to lit' frt't' , and that the world of politics is a sphere intended by the C reator for the free play of intelligence. Religion, being free and powerful within its own sphere and content with the position reserved fo r it, re a li zed that its sway is a l l the better esta b l i shed because it relies only on its own powers and rules men's hearts without external support. Freedom sees religion as the companion of its struggles and triumphs, the cradle of its in fancy, and the divine source of its rights. Religion is con­ sidered as the guardian of mores, and mores are regarded as the guarantee of the laws and pledge for the maintenance of freedom itself. 64

The Most Precarious Regime J udaism and C hristianity provided a great deal more than met'ts the ey e . then, to the American founding. They n'inforced in men·s minds the role of reason in human affairs, as well as the idt'a of a c osmos open to liberty . conc eived, created, and understood ( even in its tiniest details) by a benevolent Deity: Lawgiver, Governor. J udge. and gracious Providenc e. This Deity would one day ask of eac h human an acc ountin g for his thoughts and deeds. I n H is eyes. how humans use their liberty mat! Prs infinitely ; lilwrty is the purpose for whic h the sun an d the s tars are made. W ho denies that Americ a's experiment in liberty is especially dt'ar to Providence'? Looking down on it. God smiles . Borrowing from Yirgil. the foundt'rs inscribed this very imagt' on the S eal of the Pnited � tates :

ANNUIT COEPTIS. The other insc ription they placed on the Seal in its s eventh and fi nal draft c allt'd attention to the originality of tht'ir new design:

NOVUS ORDO SECLOR UM. In its place, for the first six drafts they had originally had a single w ord:

VIRTUE. G iven their understanding of liberty, c alling attention to virtue must have seemed to them too obvious. W hat they needed to emphasize was the newness and daring of their ""new order of the ages.·• For sometimes

TW O B E A T A S ON E . . .

47

experiments go wrong. It is all too easy to see how this one might do so. For_ liberty is the most precarious regime. Even a single generation may give it away. One thing our generation must not do is take our republic's longevity for granted.

THREE The moral government of God, and his viceregent, Conscience, ough t to be sufficient to restrain men to obedience, to justice , and benevolence at all times and in all places; we mus t therefore descend from the dignity of our nature when we think of civil government at all. But the nature of mankind is one thing, and the reason of mankind another; and the.first has the same relation to the last as the whole to a part. The passions and appetites are parts of human nature as well as reason and the moral sense. In the institution of government it must be remembered that, although reason ought always to govern individuals, it certainly never did since the Fall, and never will till the Millennium; and human nature must be taken as it is, as it has been, and will be. - John Adams

Let the pulpit resound with the doctrine and sentiments of religious liberty. Let us hear of the dignity of man 's nature, and the noble rank he holds among the works of God . . . . Let it be known that British liberties are not the grants ofprinces and parliaments . - John Adams

THIRD C HAPTER

Immoral Man , Moral S o cie t y , R e li gi o u s Lib e r t y

I

n pursuit of their own happiness , human beings have a propensity to trample on the rights of others . This tendency has made religious liberty fragile and very rare. In overcoming this propensity, the Americans accomplished a rev­

olution which at that time had ""no model on the fa ce of the earth . " 1

This daring experiment b rought together three separate strands of human experienc e : the loneliness of individual conscience before the Face of God; a new form of community ; and a new political architecture - not a national establishment of any one religion , but solid public support for a pluralism ofpillars in many religions . To weave these three strands together, w e need to remember James Madison's reaction against the c ruelty shown by Virginia's established church (the Church of E ngland) against the Baptists ; the realism in Massachusetts about the fickleness of conscience; and how the Consti­ tutional Convention of 1 787 carefully refrained both from establishing a national church and from disestablishing the existing state churches . All three stories spotlight the role of community in the founding gener­ ation's way of life. Whereas people of our time are cynical ab out communities but trust the individual , our founders saw the weaknesses of individuals and trusted union. Without attachment to the Union , independence could not have been achieved. Unless they had taken pride in belonging to a moral community with demanding standards , the Americ a n people would not have overcome many internal dissensions and sectional ambi­ tion s . 51

52

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A Whip in the Mouth I n the summer of 1 7 7 1 in C arolint> f: ounty in Virgi n i a , an u n li ce n se d Baptist preacher was prea ching outdoors when from across tht> fields a pri est of the C hurc h of England galloped up at the head of the S heriff an d o the r nwn . thru s t a horse whi p i n the preacher's mou th. di s ­ mounted, and then suhj Pctt> d the prPacher to a thorough flogging i n a n , open field, i n plain sight o f the assembled crowd. Thi s bloody floggin g was not an isolatt-'d help against the establishment of that time. Aft«:>r hi s gra du a ti on from Prin ct'ton thret-' y ea rs later. in

1 7 7 4.

Madison sta y ed on an extra year to study Ht>hrew a n d reflect upon the S eriptur«:>s. R eligious libnty wa s mu ch in hi s thoughts. He had fallen un der the influence of Presid«:>n t Witlwrspoon . a r«:>ct>nt immigran t from S cotland, possibly the most leanwd man in America . a great devotee of the "natura l lib erty" of consci«:>nc«:> , and a calm hut steady foe of ··per­ secution on religion's account.'' Witherspoon pr«:>ached lib erty both c i vil and religious: '"The magis trate ought to dt>fend the rights of conscience," he wro tt', .. and tol«:>rate a ll their religi ous s en tinwnts that are n ot i nj u ­

rious to their neighbors . ":1 This teac hing merged in Madi s on ' s min d and

I M M O R A L M A N , M O R A L S O C I E T Y .••

53

heart with the raw trauma of the flogging in Caroline County in 1 77 l . I n 1 776, just before the Declaration of Independence, though he was only 24, Madison helped to formulate the language of the Virginia Dec­ laration of Rights, all but ending the days of Anglican Establishment in Virginia. He did so gladly, because he believed that a state establishment of religion injured consciences, both among its victims and among its enforcers . Nine years later, in 1 785, Patrick Henry introduced a new tax in Virginia to pay the salaries of all the Christian clergy. Expecting to gain their support, Henry exempted from the tax Quakers and Mennonites, who had no clergy. Now fully allergic to any entanglement of the State with churches, Madison circulated his famous '"Remonstrance," announcing firmly that Christian churches - for their own good - should not be dependent on the State at all. While the total number of voters in Virginia numbered only 40,000, similar petitions against the Henry bill were soon signed by 10,929 protesters (especially Baptists), and the bill failed utterly. The older George Mason and the young Madison then got Henry moved out of the legislature and into the Governor's office. Hot for vengeance, Governor Henry, hoping to drive him out of public life, saw to it that on the eve of the next congressional election that young whippersnapper Madison was redistricted. In Madison's newly drawn district, there were 2,200 voters, most of whom were unknown to him. But he did know the Baptists, includ­ ing the pastor of Blue Run Church . The quite considerable electoral force of the Baptists enabled him to eke out a narrow win, and thus to participate in the first United States Congress. At a critical juncture of h i s campa ign h e wrote the Reverend George Eve, the pastor of Blue Run Church where the great protest meeting of Baptists had been held before the Revolution. The Baptists were now even more numer­ ous and active . . . . In an election in which a bout 2,200 p ersons voted, the Baptists had to be a major force. Mr. Madison assured Pastor Eve that he was now committed to a mendments to achieve "the most satisfactory pro­ visions for all essential rights, particularly the rights of Conscience in the fullest latitude" . . . . On February 2, 1 789, Mr. James Madison was elected over Mr. James Monroe by a m argin of 3 3 6 votes. The Reverend John Leland wrote at once to congratulate him and to remind him of the Bap­ tists' interest in religious liberty. With the aid of these dedicated evangelicals, by the active intervention of the preachers in politics, Mr. Madison became the spokesman for religious freedom in the Congress that was to begin the government of the United States. 4

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Madison l'ould s(·arct>ly foq!:Pl this ad) protf-'ctf-'d rt>ligious lilwrty and all other rights . Ht> insistf-'d that writing s pt>(·itif' rights down would only Wf-'akf-'n the pro t t>,·tion of rights lt>ft unt>xpn·ssed . s The implicat ion might t hf-'n t ak (· root t h a t thf' gove rnmt·nt rt> s e rved a l l powers e x c f-' p t t h o s f' expn�ssly writtt>n dow n , when·as t lw Constitution as a wholf-' had made exactly t lw opposite a s su mption . Thf-' Baptist s . howevt>r. did not t r u st the Anglican C hu reh . Tht>y t o l d \'l adison t hf-' y wanted tht>ir rf'ligious rights written down . Madison had no l'hoic·i,w lanµ;uaµ;f' . T hf' Houst' had df'hatt'd tht' estalilis hnwnt claust' at grt> at lPngth. and trif' d out many versions of it. M adison, for instan ad . ··So religion s h a ll be es ta blis hed by law.'' The obj ection was immt>diately raisf'd that that wonling .. might hf' thought to havf' a tf'rnlf'ncy to abolish rt>ligion altogf'thf'r. ·· ,1 adison . in rf'sponse, said l w thought it meant that ··C ongress s hould not f'stahli s h a rf'ligion," but for somf' rf'ason he nf'vf'r propmwd that simplf' and unam­ L iguous wording, using the indf'fin ite article to clarify what it is that C ongress must not do. At that moment. Livermore propost>d new word­ ing: ·· Th e Congress s h a ll m a ke no fa ffs t o u ch ing religio n . .. T lw C ommittf'f' of thf' Wholf' Housf' . preff'rring that form. modifit>d it with wording movt>d b y Fis hf'r Amt>s ( hut rf'portf'dly writtf'n h) M adis on): ··Congress shall make no /a u· esta blishing religion :· T l w Housf' of Rf'p­ resentatives then s ubmitted that version to the Senate. 1 1 T hen tlw wording was again changf'd from .. no l aw es ta blish ing rf'ligion" to ··no l aw respec ting rf'ligion. ·· D t>lt>gatf's from s tatf's that already had t>stahlisl wd dmrd ws wanted no tampt>ring at all by tl w nf'w .. ff'deral govt>rnment. T l wy wantecl Congn'ss to lw df' cl arf'd ··blind to rf'ligion - not to makf' law,; about it in onf' wa) or the other. G oldwin continues : Madison and most other members of the House, it seems safe to conclude . . . , would have agreed that the purpose of the clause was to keep Congress from favoring one rel igion in preference to others, but not to indicate hostility or opposition to rel igion , or anything but a pp roval of it, as consistent with, a nd even essential to, the well-being of a secular society. 12 This judgment is reinforcf'd h y a revif' w of tl w ;; ix differf'nt Vf'rsions of thf' First Amen dment af'tually put forward in tlw congrf'ssional d to ask for thPm - when tht> raging firps of the War of 1 8 12 madP him S PP k na tional unity a n d cry out for hel p. 1 5 Very early, the young M adison had < ·omP to the idea that the Pstah­ lishment of a religion . or PVPn tht' almost un iv t>r s a l prevalt'nc e of only on e religion , rendert>d tht> minds and souls of its a dht>rents lazy and tor­ pid, a n d indtH't>d a kind of mental ··slavPry'" un worthy of fret> men . 1 6 H e ma dP a n t'ducated a ss t>ssmt>nt: competition a n d o pt>n dt>hate will prove good for tht' C hristian soul. He predicted that through competi­ tion eac h church group would serve as a s entinel protecting others from state favor a n d pressure. 1 7 On the other han d, Madison 's . .R emonstran cP·· asserts that reli­ gion must be exercised accordin g to on e· s conscience a n d c on viction . since eac h individual stan ds ht>fort> his C rt>ator alonf'. confrontt>d v,;th an interior c hoicf'. This v iew of his is thoroughly impregna ted with C hristian c onc eptions. F or pagan rt>ligion s of a n tiquity. bodily obser­ vance was sufficient; ..piety'' was a matter more of outward ohservanre than of inn er meditation and conviction. In thf' C hristian drama of sal­ vation , by contrast, a n in ward dt>cision is axial. For C hristians. rt'ligion is a duty owed to a Creator and persona l S a vior. ancl this duty hinges on an in ward per s on a l commitm ent that s prin gs from rf' flPction a n d delihnatP perseverin g choice. That is why acts of conscienc e are inalit>n­ a hle: a man ·s dPstin y hinges on his own a ct of will. n ot the will of any body Plse. This is the ground on which Ma dison oiwns tht> argunwn t of his ··R emonstran ce: " The religion then of every man must he left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may d ictate. This right i s in its nature an u n a l ienable right. I t i s u na l i enabl e, because the opinions of men, depending on t he evidence contemplated by their own minds cannot follow the dictates o f other men: I t i s unalienable also, because what is here a right towards men, is a d uty towards the Cre­ ator. It is the duty of every man to render to the Creator such homage and such only as he bel ieves to be acceptable to him. This duty is precedent, both in order of time and in degree of obligation, to the claims of Civil Society.

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Madison then goes on to explain that "Before any man can be con­ sidered as a member of Civil Society, he must be considered as a subject of the Governour of the Universe. " He then adds that a member of civil society, who enters into any local association, must always do so mindful of his duty to the civil authority. Therefore, "much more must every man who becomes a member of any particular Civil Society, do it with a saving of his allegiance to the Universal Sovereign." 1 8 This text is vital for two reasons. In its insight into duties, it under­ lines the precedence of God over Civil Society. And in finding rational ground for religious liberty, it begins with faith, not reason - the duties of the creature who stands alone in the presence of the Creator. In this way, Madison's right to religious liberty is grounded in faith, not reason. It is prior to the formation of civil society. It is beyond the reach of gov­ ernment. Because of this right, government must be limited in power. Because of this right, civil society is also stopped short before the con­ science of persons. The genius of the republican form of government, in other words, springs from the inner energies of faith. Only after that propulsion does reason take wing. Judge John Noonan does a remarkably skillful job in singling out the theological strands that Madison wove together in his famous ··Remonstrance:" 1 . Religion is "the duty which we owe to our Creator." 2. This duty is to render the homage that each person determines in con­ science " to be acceptable to him [the Creator] ." 3 . The right to determine this duty in conscience belongs to each person and is " unalienable " for two reasons. First, the exercise of that right must depend on evidence, and each person must determine what evidence is sufficient for conviction. Second, this duty is owed to the Creator, and so can never be relaxed by any human being. 4. This duty " is precedent, both in order of time and in degree of obliga­ tion, " to the claims of "Civil Society," whether those claims are made by society at large or by a legislature. Religion is therefore "wholly exempt" from the "cognizance" of civil society or civil government. That "the Civil Magistrate is a competent Judge of Religious Truth" is a falsehood. That the Civil Magistrate " may employ Religion as an engine of Civil Policy" is wickedness. 5. If freedom of religion is abused, it is " an offense against God, not against man . " 6. To rely o n governmental support is " a contradiction t o the Christian

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ON TWO WINGS Religion itse l f for every page of it disavows a dependence on the powers of the world. " 7 . To use governmental coercion to support the Christian clergy is t o dis­ courage con version and to � urround Christ1a11 1ty " with a wal l of Jefeme " characterized by "an ignoble and un-christian timidity. " 1 9

Tht>st' St'Vt'n prirn·iplPs s how that M adison · s faith in tht' C hristian C hur('h was marvt'l ousl y J l l tr t" , possibly t'Yt'n too purt' for rt>ality. If mf'n wert' angs w ould be rn•,•f>..;s ary. .-\s pn-- sidt>nt. he was himself obliged to be more practical . As M adison worked on tl w rt>li�d ous frpt•dom cl aust' of the Vir­ ginia Dedaration of Rights in 1 7 76. latt'r his · · R t'monstranf' Bill o f R ights 00

from 1 7 90-1 792 , he wanted to prott'et tht' Baptists. '.\1ennonitt's. (} uak­ ers, an d others from ht>atings . j ail . and t'Yen death for tht'ir rt>ligious convictions . Ht> was prote ctin g n ot j ust in div iduals alont' hut

½ hole

religious c ommunitit's. On the otht>r hand. prt'achns aµproaf' ht>d en•n the v ast crowds tht>y addrt>sst>d ( Gt>orgt> W hitefit>ld onct' spokt> to an esti­ m ated 30 .000 person s from ont' rolling hillside) as if tht>y Wt'rt' speakin g to on e person at a timt' . addrt>ssin g their argume n ts to the incli, idu al conscience of each to l ay hol d of and ..take to heart. "" R egarding reli­ gious liberty. both indiv iduals an d community count. hoth inn ermost conscience and free public exercise. N onetht>l t>ss. in the admira hlt> principlt>:- by " hich ,I adis on reacted against tht> ahwws lw had ½ itnt>Sst>d. then• wt>rt' h, o graYt' dan­ gers he did n ot set' . Tht> first danger was that the n onestablishnwnt of an y on e n•ligion might turn into antagon ism against all religions . Tl w secon d was that the State would take no care about rt'ligion at all. n ot even ahout education in tht' truths of religion. Hut what. then. about the great religious principl t>s on whil' h tl w n atural right to rt'ligious liberty is based: n amely. that there is a G od. an d that t'ach creature uwt>s him worship and gratitude'! I f tl wst' prinl' iplt's art> nt>n•r taught. tht> foun­ dation of religious l iberty crumbles. S o studt>nts could not fail to lt>arn those principles. Jefferson him­ self as ked Madison to n-- commend theological hooks for the l ibrary at the l l niversity of Virginia. M adison ·s list in dudes arf' uni­ V t'rsal and 1wrsistt'nt; no so!'it'ty ··pro gn·ssps'' lwyond thf'm. And they bode ill for republican government. In a lt>ttt> r to J anws Warn·n. Sam Adams dest'rilwd the ill f'fft->ets of !'ertain 1wrson al vi!'t's in 1·ommon politfr al lifr . He linkf'd tlw trf'ason of a prominent do.-tor in Boston . thought to lw a patriot t'Vf'n as hf' was selling his services to the British. to his notori f'ty as an adultf'rf'r. Tht're is oftf'n a lin k lwtWt' t'n privatf' morality and puhlir saft'tv. Ad ams argued. The re a re Virtues & Vices which a re p rope rly called political. " Cor ruption, Dishonesty to one's Country Luxury and Extravagance tend to the Ruin of States. " . . . H e who i s void of virtuous Attachments i n p rivate Life, is, o r ve ry soon will be void of all Regard for his Country. There i� seldom an Instance of a Man guilty of betraying his Country, who had not before lo�t the Feeling of moral Obl igations in his private Connections. Before [ Dr. Benj amin Church, Jr. ] was detected of holding a criminal Correspondence vvith the Enemies of h is Country, his Infidelity to his Wife had been notorious. Since pri,·ate and publick Vices, a re in Reality, though not always appa rently, so nea rly con­ nected, of how much Importance, how necessary is it, that the utmost Pams, be taken by the Pu blick, to have the Principles of Virtues early inculcated on the Minds even of Child ren, and the moral Sense kept alive, and that the wise Institutions of ou r Ancestors for these g reat Pu rp oses encou ragd [sic] by the Gove rnment. 23 Adams\; letter implie s a four-stPp argumf'nt: ( I ) A Republic lin:> s hy libe rty. n ot li!"f'rn• e : (2 ) Lib t>rty r an n ot lw t>xercised without an honor guard o f rirt ues . s uc h as tt'mJH:> rarn•f' . self- control. fair-min < lethw s s . 1·ouragt' . and sound practical j udgment: (:3) T hat panoµly of virtut> s is highly unlikely to remain vigorous from ont> generation to anotht>r with­ ou l relig ious mca k e 11 inf!, ; an d ( ct.) Religious alertn ss de p n d s o n an f'XJwrimental. self-critical. an d lively rPligious educa tion . Put othr­ wise . without tl w good moral habits inculcated b y a so uny struggled to

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write a new constitution from 1776-1781 . Thus Article III of the Massa­ chusetts Constitution begins: As the happiness of a people and the good order and preservation of civil government essentially depend upon piety, religion, and morality, and as these cannot be generally diffused through a community but by. . . public instructions in piety, religion, and morality . . . .

From which the Constitution drew a stunning conclusion: Therefore, To promote their happiness and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies-politic or religious societies to make suitable provision, at their own expense, for the institution of the pub­ lic worship of God and for the support and maintenance of public Protestant teachers of piety, religion, and morality in all cases where such provision shall not be made voluntarily. [emphasis added] 24

In the public debates that followed, many objected - there were at least six objections - that Article III was an infringement of religious liberty. 2 s Jefferson and Madison would surely have said so. People close to Adams replied, No, this article compels no one's belief. But if any citizen wants to benefit from the sound civil order and good habits of liberty essential for the survival of a free Republic , observation will teach him that such habits are the result of a sound religious educa­ tion, and are not obtainable by most people and in the long run in any other way. Therefore, such a citizen must be willing to contribute to reli­ gious education. In this, there is no danger to religious liberty. On the contrary, Article Ill's many supporters saw it as a necessary condition for religious liberty. 26 The M assachusetts way, in short , was realism about the weak­ nesses of individuals such as slackness of will and laziness of intellect, unstable passions, and a fixation on private interests. The Massachu­ setts way reminds one of Reinhold Niebuhr's putative title The Not So Moral Man and His Less Moral Societies . 2 7 Professor Barry Shain even quotes a host of writers in the founding generation who believed, in large measure from their own experience, that when sin abounds natural lib­ erty ends. It was ""when dark and stormy Passions obscured the Light of Reason , " that ""the fair Realm of LIBERTY [was] laid waste , and LICENTIOU SNESS usurped both her Title and Dominion . " 28 The loss

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of i nno,· t· n,•p nw ant to Parly AnH" ric ans thf' los s of natural liberty. ""LIC ENT I O U S N ESS a,·,·ompanif'd thP DPp ravity of M an and i mmedi­ att'ly Sll ('('f'Pded to tlw Loss of Natural Lilwrty. '· Shain p oi nts out: [ A j lmost " no one had much to say of an approving character about natural li berty. It wa r l 78 7 , was n ot formed hy a mert' legal c ontract hut hy a s a,·n·d ,·ovt· n ant. whi,·h ,·d. To dt>ft>rnl it was a sa( Tt'd duty. The Vt'I') tt'rm Cnion inspired n wn to give their lives for it. The presPrvation of tlw U nion is important to a tht>ology that flows from the soc ial ('On stitution of tlw human lwinµ:. "rom m u nio tht>ology·• as it is n owadays vt>d only within a hi8torical so( 'ial structun:> and only hy a hrotht>rhood of common effort. Only Union saved liberty in 1776 and again in 1863 . In b rie f, o n e o f the ( 'en tral iron ies of American history is that many today hoast of our lwing a n ation of individuals. whereas a crucial reality for which o ur anc estors fought an d ,lit·d was the large c ommu­ n ity, the Union . F urtht>r, a widespread helief among o ur foundt>rs was that individuab by themst>lves art' morally untrustworthy : in order to live in liberty, in dividuals dept>nd on strong moral ('Ommunities. On this basis . the Americ ans developed an original ( 'Onception of the ""pillars" of repuhli('an virtue . In Europe. to have rt>ligion as a moral foundation meant to es tahlish onp rt>ligion - cujus regio. ejus religio with prescrihed doctrines and rituah to t'n:mre a unifit>d pub lic ethos . Uneasily at first, for want of kno wledge of any hetter way. tht>se Euro­ pean traditions of c hurch an d state had heen carried over to Americ a. Here it became clear by trial an d error that that traditional method had des tructive c o n s eq uences ho th for the (' hurc h an d for the statt'. F o r instance, Catholic M arylan d, having learned a salutary lesson from the sad experiern•p of C atholic statt's in Europe. had launched an t> arly an d tentative t'XJWrinwnt in religious liberty: St'Vt'n-hundrt>d armed Protes­ tan ts , ins pired hy Britain " s ··Glorious R e, o lution '' of 1688. impo s t' d English penal laws i n Maryland. dt>priving C atholic s of tlw right t o vote an d to hold o ffi ('e, prohibitin g tlwir public worship. an d disallowing C atholic sc hools . "'Until tl w Anwrican R t>v olution. C atholics in Mary­ land wen· dissenters in tlwir own ('Ountry. living at times undt>r a s tate of s iege, hut kt>epin g loyal to tht>ir con victions. a faithful remn ant await­ ing better times." 36 European habits persisted and, as in Europe, they repressed religious liberty. U n dt>r the Q uakt>r s . hy ('0 n trast. Penn sylv an ia did ex perimen t with religious liberty . and made it work. S ix other colo nies ( including

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Massachusetts) maintained modified established churches, most of these continuing to thrive until at least two generations after independence. 3 7 In these colonies before 1776, heretics were lashed, imprisoned, tor­ mented, even hanged. From 1 776 onward, however, these establishments were "'mild," limited to the education of the citizenry in the virtues necessary for freedom, not aimed at doctrinal uniformity. They no longer coerced consciences, but they did give official and pub­ lic favor to Protestants. The European alliance of throne and altar had saddled the state with tasks for which it had little or no competence , and for its efforts bred hostility and resentment among religious dissenters and nonbe­ lievers. That traditional arrangement had also saddled the church with practices that, however common they had been in the past, had come to seem from painful experiences inimical to Christian ideals and aspi­ rations - the use of the state to punish or to banish heretics , for instance , as had happened in Massachusetts in the case of Roger Williams. 38 Therefore, in order to strengthen both the church and the repub­ lican state, the founding generation decided not to establish a national church. Virtually every America leader of the time was Protestant, and rejected the idea of one national church . So did Charles Carroll, one of the few Catholics among them (and one of the richest men in America) : To obtain religious, as well as civil liberty, I entered zealously into the Rev­ olution, and observing the Christian religion divided into many sects, I founded the hope that no one would be so predominant as to become the religion of the State. 3 9

These leaders elected, instead, to build the foundation of the republic on the exercise of everyday religious life in every locality and state . Through the open, visible, and often publicly encouraged practice of a vigorous religious life, following the sage advice of President Washing­ ton's ""Farewell Address," the American people would publicly exhibit those religious habits of the heart necessary for the proper working of republican institutions . 40 And these religious habits of the heart, demonstrated daily in private and in public behavior, would be the moral foundation of the republic. Thus , when Madison wrote that our rights are not protected by ""parchment barriers," but by the habits and institutions of the Ameri-

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can people:1. 1 tht> strong foundation he was taking for granted was made up of sound moral habits and local institutions. Adams and other North­ ernt>rs helieved that tht> disestablishment of the Anglican church in Virginia was ovenluP ; that its long continuance had bred tht' lassitude that allowe in the South . They noted , too , that the firt's of lndPpendenct' wert> lit by disst'nting prpacht'rs . seldom by Angli­ can priests. Somt' SouthPrners disliked Northern religious intensity and its starchy whiff of moral supt>riority. Sectionalism and local diversity seemed a natural expression of liberty. It is important to savor the originality of this American solution . Most scholars and lawyers nott' exclusively its t>ffect on the state . But its most striking originality lies in its advantages for religion in general and Christianity in p articular. Before tht> founding of America . the injunction of the Lord - ""Give unto Caesar that which is Caesar·s , and unto God that which is God's"' ( Matthew 22 : 2 1 ) - had ended in a con­ tradiction. When a church was established by the state, Caesar became (as the King of England did) the head of the church. Experience showed that both church and state were harmed . hut especially the church . After Independence , no American church wanted a single national church established ; all wanted freedom from the national state. The American version of ··establishment, "' even when it continued in indi­ vidual states, was neither national nor doctrinal. It was practical . aimed at cultivating the moral habits necessary to the practice of liberty. 4 2 Its most obvious flaw was the persistence in some states of religious tests for holders of public office; only Prott'stants could servt' . The first part o f the American solution . therefore. was a self-deny­ ing ordinance on the part of the fede ral go i,e rnment ; the people expressly deelared the federal governmPnt incompetent in theological matters beyond those esst>ntial for tht' common good. " Congress s h a ll make no la w respecting an establishment of religion" ( emphasis addt'd) ::t.:� Thus, the people cleared the way as never before for the cit­ izenry to giw to God His full due in divt'rs and plural ways . They limited the power of the national Caesar. Nonetheless, the founding gent'ration grasped this principle within a communal horizon . Individual conscience is inalienably personal in the responsihility it faces; t4 hut it is not isolated in solitariness. Most American Protestants of 1 776 understood themselves as participants in a historic community of belief , for whom conscience in its depths is

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always social, not atomic. For them, religion was not for private exer­ cise alone. When believers engaged in the '"free exercise" of their religion, they often did so in the public square, as in open meetings in public parks, and parades down public streets. Congress itself often issued decrees for public fasting, petition, and thanksgiving to God. For many years, the largest religious service in the nation took place in the U. S. Capitol Building and later in the Supreme Court Building itself. Thomas Jefferson not only took part in them with regularity, but also provided music for them at public expense. 45 Two things are strictly forbidden, Madison explained to Congress: the establishment of a religion by the national Congress, 46 and also the disestablishment of the already established religions of the several states. In Madison's own "Remonstrance," the basis for this decision was a fundamental Christian conception, viz. , the dignity of the human person, rooted in the act of freedom by which each responds to the call of his Creator. That conception had never before been given such a highly developed political articulation as in the Virginia Bill for Estab­ lishing Religious Freedom and the Bill of Rights. Under a regime in which government is limited , respectful of indi­ vidual rights, and under the rule of law, the national government is no longer the only or even the chief actor in the public square. In a free society, there is plenty of room in the vast open spaces of civil society for the public exercise of religion by individuals, associations, churches and other religious assemblies. (" Public" is an equivocal term; it does not apply solely to the activities of the state. Many other institutions, includ­ ing the churches, are public actors. ) Moreover, in the federal republic, the generation of Madison, Jefferson, and Adams permitted ample room for "mild" establishments of religion by individual states. A crucial ambiguity in this arrangement remains. Has not the fed­ eral Caesar, as well, a responsil)ility to pay public homage to God? While the U. S. Constitution makes no public provision, traditional practices do, from the very first motion of the very First Continental Congress. The Constitution expressly avoids the explicit confession of Christian faith found in the Constitutions of several of the states. On the other hand, the U. S. Congress works under the prayers and counseling of a salaried pastor. Presidents issue proclamations of Days of National Thanksgiving, and both Congress and presidents have declared national days of prayer and fasting in moments of urgent national crisis. The U. S.

70 0 N T W O W I NG S government pays for the installatio n of S tars of David and n b u ried ovt•rst>a s . From t he l wµ;i n n i n g . the A nwriran t radition has not lwen st> paration simpliciter. From 1 7 76 to 1948 the dominant mt'ta phor for church-statt' rt>lations was that p ublic officials must ad as '·nursing fathers·· to tht' rt>ligious and m oral habits

of t lw 1 woplt> ( t ht• phrase i n quotes romt's from I s a i a h ) . 17 J 1:>fft>rso n · s . phrast' "wall o f st•paration . fro m a lt>tter of 1 802 l a y totally tmn otic1:>d until it was citt>d h y tht· S u p rt>mt' C o u rt in 1 879 in Reyn olds l'. Ln ited States in a mistakt•n t ransrription of Jd'ferson·s origi n al lt>ttt'r : tht> focus in 1 879 was not on "'s1:>paration" h u t on tht> t t' r m .. le!,{is la ti i-e powers·· (which tht> t ranscrilwr had writtt>n instt·ad of Jefft>rson · s original clt>arly fornwd handwriting .. legitima te powt>r'" ) . Tht> mt>taphor otherwist> lay unused and virtually u nknown until J u stirt> Blark d rew i t fro m obscu­ rity in 1 947 (still using the erroneous translation) . 48 S til l , federal homage to tht> C rt>ator and Soun-t' of all our rights the Lawgiv1:>r, Govt>rnor, Providenct> and J wl g1:> m t>ntiont>d in tht> Dec­ laration of I ndependence - has lwen quitP limitt>d . m o re limited than the public homage openly paid hy s t a t t' s a n d l o e a l i ties . .\ o n t> t hel t> s s . i n maintaining a s phere o f reverential silt>nce in whirh i t s citizens gin• t o t h e t ransct>ndent God t he p articular n a mes t h a t t ht>y h a , e leanwd i n their t raditional communit ies a n d personal investigation s . the American federal s t a t t' may he p a y i n g a fo rm of hom age p ropt>r to a p l u ralistic people . It i s n o t a n achievement without a m b ig u i t y . hut i t i s a great achievement.

Thus , what Madison wrote in Federa list So . J..J. about the hodv of the Constitutio n might with even greatt'r forre he said of tlw originality o f the founders with respect t o religious liberty:

They accomplished a revolution which has no parallel in the annals of human society: They reared the fabrics of governments ,vh ich ha\'e no model on the face of the globe. 49 That the American modt>l is o ri ;rinal does not mean . of course , th at i t will t>ndurt' forevt'r. A n d that possihility. i ndeed p ro h ahility. of imper­ manence led to a nother step in the logic of the framers .

The Corruptibility of Liberty What is !ffiginal ah o u t America i s t h a t it places i t s fou n d a t io n in t h e

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minds and habits of its own people, in local communities . This is a frag­ ile foundation. If its principles are forgotten or its virtues go unexercised , this foundation disintegrates . A single generation can turn out the lights and walk away from commitments earlier made . Free regimes live or die by free decisions. No one can argue that the founders did not foresee these dangers . Thomas Jefferson made George Washington's Farewell Address required reading at the University of Virginia, since in it Washington sets forth the ""pillars" of the free society, and highlights the perils it must weather. Washington does not call religion "'optional. " The word he uses is "'indispensable." Of all the dispositions and habits which lead to political prosperity, Religion and morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labour to subvert these great Pillars of human happiness, these firmest props of the duties of Men and citizens. The mere Politician, equally with the pious man ought to respect and cher­ ish them. A volume could not trace all their connections with public and private felicity. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in Courts of Justice? And let us with cau­ tion indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that National morality can prevail in exclusion of religious princi­ ple. ' Ti s substantially true, that virtue or morality is a necessary spring of popular government. The rule indeed extends with more or less force to every species of free Government. Who that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric ? [emphasis added] 5 °

John Adams was even clearer in his warning in 1798 : We have no government armed with power of contending with human pas­ sions unbridled by morality and religion. Avarice, a mbition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution is made only for a moral and reli­ gious people. It is wholly inadequate to the government of any other. 5 1

So strongly did John Adams believe this that when he wrote to his cousin Zabdiel, a minister of the Christian gospel, two weeks before the adop­ tion of the Declaration of Independence, he described his fears for the

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fu turt> , and urgt>d upon Zahdit>l thP importam• p of his work in rf'ligious ministry : Statesmen my dear Sir, may plan and speculate for Liberty, but it is Reli­ gion and Moral ity a lone, which can e�ta h l i sh the Principles, u pon which Freedom can securely stand. For Adams, tht' altnnatiVt· to , irtut' in thP pPoplP is tyranny :

The only foundation of a free Constitution is pure Virtue, and if this can­ not be inspired into our People, in a greater Measure, than they have it now, They may change their Rulers, and the forms of Government, but they will not obtain a lasting Liberty. - They will only exchange Tyrants and Tyrannies. [emphasis added] 5 2 No one f'Ver promisPd our foundPrs that thPir f'XJwriment in lib­ erty would last forever. l'\ t> arly all the foundt>rs voi('Pd tht'ir fpars about that. George Washington had thrf'P particular worrit'i- :

Since there is no truth more thoroughl y esta blished, than that there exists in the economy and course of nature, an indissoluble union between virtue and happiness; between duty and advantage; between the genuine maxims of an honest and magnanimous policy, and the solid reward� of public pros­ perity and felicity:

Since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that di sregards the external rule� of order and right, which Heaven itself has ordained: and

Since the preservation of the sacred fire of l iberty, and the destiny of the republican model o f government, are j u stlv considered a� deeply, perhaps as finally, staked on the experiment entrusted to the hands o f the American People . . . . [emphasis on since added] 5 3 For all tht>se rt>asons. a way must lw found to inspirt' virtup in our Jlt'O­ ple, or indf'JWIHlt>nce is in vain. Tlw pill ari- of the American republic are not found in an pstahlisht> d c hurc h: tlwy art' sunk into the rPligious and moral habits of its 1wople. This is a foundation det>per and strongf'r - and tnwr to C hristianity - than the Pstahlishnwnt of a national reli­ gion. It is, however, a foundation that is suhjt>ct to moral entro py. \\-t> are not doomed to self-destruction, but the risk is real.

If You Can Keep It As tlw y were leaving the C onv ention Hall \\ ith tlw C onstitution c omplett'd , somp of tlw delt>gatt>s wf'rt' strut'k hy thf' dt>sign of a lrnrst-

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ing sun p ainted on the chair back on which General Washington had been seated . They were pensive about how their Constitution - their words on paper - would actually work , once put into practice . Looking at that sun, Ben Franklin wondered whether it was a rising sun, or a set­ ting sun. 54 Then , at the banquet soon after to celebrate the conclusion of the Constitutional Conventio n , a Philadelphia matron rushed toward its most senior delegate : " O ! M is ter Franklin ," she gushed . ""What have you gentlemen wrought , after so many weeks of secrecy behind those thick doors?" Franklin i s said to have adj u sted his gla s ses before offering his famous retort : ""A republic , madam. If you can keep it. " 5 5

FOUR Our liberties do not come from charters; for these are only the declarations of preexisting rights . They do n ot depend on parchmen t or seals ; but come from the King of Kings and the Lord of all the earth. -John Dickinson, 1776

FOURTH C HAPTER

A Religious The ory of Rights

A

me rica is the mos t democratic country in the world, and at the same time, according to reliable reports , it is the country in which the R oman Catholic religion is making the mos t

progress . . . . If Catholicism could ultimately escape from the political animosities to which it has given rise , I am almos t certain that that same spirit of the age which now seems so contrary to it would turn into a powerful ally . . . . -Alexis de Tocqueville 1 We consider the establishment of our nation '.s independence, the shap­ ing of its liberties and laws as a work of special Providence, its framers "building better than they knew, the A lmighty '.s hand guiding them. " A nd

if ever the glorious fabric is subverted or impaired,

it will be by

men forgetful of the sacrifices of the heroes that reared it, the virtues that cemented it, and the principles on which it rests .

- The Catholic Bishops of the United States , The Third Plenary Council of Baltimore (1893) 2

The Concept of Dignity The great American majority , as Robert Goldwin has pointed out, 3 was a religious people , who believed they owed their liberty to the Cre­ ator, Lawgiver, Judge , and Providence Who had by His ""signal interventions" at critical moments seen to their victory over seemingly impossible odds. They believed that Providence had contrived all of his­ tory as a dramatic struggle to build free institutions worthy of human 77

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dignity. This great maj o rity lwliewd that Judaism and Christianity, whetht>r taken straight or taken hroadmindt>dly. were the hest rt>ligions that history had t•v e r taH·ov ered fo r two t·arthly task s : fo r inspi ring and guiding repuhlirical ground was stated hy John Adams when he wrote before the Revolution, Let the pulpit resound with the doctrines and sentiments of religious lib­ erty. Let us hear the danger of thraldom to our consciences from ignorance, extreme poverty, and dependence, in short, from civil and political slavery. Let us see delinec1ted before us the true m.1p of mc1n. Let 11s he.1r the dignity of his nature, and the noble rank he holds among the works of God, - and that God A lmighty hc1s promulgc1ted from he,11 ·e11, liberty, peace, and good­ will to man! [emphasis added]5

The philosophical ground is also set forth hy John A1lam s : let it be known, that British l i berties are n o t the grants of princes of parlia­ ments, but original rights, conditions of original contracts . . . . Let them search for the fo11nd.1tio11s of British laws and government in the frc1me of human nature, in the constitution of the intellectual and moral world. [emphasis added] 6

The philosophical ground is set forth in anotlwr version by Wal­ tn Berns . who has written that the American founding derives directly

from the philosophy of John Loc k e:> . and that this philosophy in fact undermines. and is intended to undermine . tlw classical and Christian understandings of human nature:

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The origin of free government in the modern sense coincides and can only coincide with the solution of the religious problem, and the solution of the religious problem consists in the subordination of religion. 7

A third version is set forth by Michael Zuckert in a recent study of the philosophical and religious wings of the American founding, enti­ tled The Natural R ights Republic , 8 a wondrous mine of historical analysis . In a related essay, Zuckert presents an especially clear expo­ sition of the argument in its philosophical form. 9 Although we earlier alluded both to the debt of the American founders to Locke and their distinctive originality, these matters must now be explored more closely, in order to grasp the full rounded sense of human dignity in which the founders actually grounded their concept of human rights .

Zuckert's Exposition of Jefferson Zuckert begins by setting forth the six ""truths" enunciated by Jeffer­ son in the early part of the Declaration. He groups these truths in three historical ""phases ," a narrative that begins with the pre-political phase; moves to the political; and ends with the post-political. Each phase represents a truth about history and evokes a corresponding principle. The pre-political phase is ""All men are created equal . " It yields this truth: ""endowed with certain inalienable rights. " The political phase is ""Governments are instituted to secure these rights . " It yields this truth: ""deriving their just powers from the consent of the governed. " The post-political or declining phase is ""If government becomes destructive of those ends, there is a right to alter or abolish it. " In this phase, the corresponding truth is : ""and institute new government. " I n this metaphoric frame, Zuckert says, we see the historical con­ text in which Jefferson meant us to understand ""All men are created equal." By nature, or in nature, human beings are equal, in the sense of not being subject to the authority of any other. Neither God nor nature has established rule among human beings; they do this for themselves. By stating that men are created equal in this sense, the Declaration is saying what some politi­ cal philosophers said when they posited the original condition as a "state of nature," a state in which no rightful authority exists by nature. 1 0

This i s a helpful exposition o f Jefferson a s Enlightenment philosophers

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understood him . However, you will recall from our first chapter that , before signing the Declaration of lndt'pendence, Congress added t wo further reft'rences to God , using names dear to the biblical tradition, ., "S upreme Judgt'" of our consciences and '"divine Providence . These additions substantially enlarged the metaphysic-al framework suggested hy Jefferson. Otht>r actions of tht> founders - chronicled in earlier chap­ ters - gave further expression to a biblical sense of reality. Moreover, as we saw t>arlier, Madison's ground for the natural right to religious lib­ erty is not the state of nature, hut rather the inalienable duty of each rational creature to pay his Creator dut' adoration and thanksgiving; that is, Madison begins with faith in God . l\o creature has any right to interfere in that surpassing duty, and that duty is peculiarly inalienable . since it must fl.ow from deliberate personal choice. In other words, the actual ground on which the founders turned to natural rights was the ground of faith . That is where they grasped the dignity of every individual and hence the inalienable right of every indi­ vidual. What they saw by reason alone was rather different . Reason sees that each man can he a threat to the life of even other . and that self­ preservation is the first of all duties . But this is not a lesson in equality. On the contrary, it reveals life-or-death inequalities in the brains and physical strength of individuals: it is a lesson in the survival of the fittest . W hen t he islanders of Melos pleaded for reason before t he advancing Athenian navy, the Athenians replied with scorn: You know as well as we do that right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must. 1 1

Throughout nature . everywhere we look we st'e inequality. slavery. oppression. Even in personal relations. individuals find it hard to deny themselves the last word in argument . the put-down. the show of supe­ riority even in trivial matters . It is not t>quality that characterizes the pre-political state of human beings . but i1wquality. lndet>d , the ancients systematized this insight by teaching that while a few men may be ""made" of gold. and a larger minority may be of silver, the large majority of humans have the passions and the souls of slaves, and so they deserve to he. Until modern times, and still today in large sectors of the globe, broad-scale slavery has been so frequent a condition of human beings as to have often been mistaken as natural .

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The struggle for freedom and equality has been relatively rare; suffer­ ing passivity is common. One enterprising journalist pointed out in 1 776 that of the 750 million persons alive on earth at that time , barely 39 million were living as free men. 12 Whence, then, came the ""truth" that '"all men are created equal"? Its roots lie in Judaism , carried around the world by Christians. Jef­ ferson himself believed that, if shorn of its miracles, there was no better ethic than that of the New Testament for instruction in republican self­ government. Yet , although Jefferson and his companions were deeply anti-Catholic , the ideal of equality was taught by the Catholic Church long before there was an America. As Tocqueville rightly sees, Among the various Christian doctrines Catholicism seems one of those most favorable to equality of conditions. For Catholics religious society is com­ posed of two elements: priest and people. The priest is raised above the faithful; all below him are equal. In matters of dogma the Catholic faith places all intellects on the same level; the learned man and the ignorant, the genius and the common herd, must all subscribe to the same details of beliefs; rich and poor must follow the same observances, and it imposes the same austerities upon the strong and the weak; it makes no compromise with any mortal, but applying the same standard to every human being, it mingles all classes of society at the foot of the same altar, just as they are mingled in the sight of God. Catholicism may dispose the faithful to obedience, but it does not pre­ pare them for inequality. However, I would say that Protestantism in general orients men much less toward equality than toward independence. 1 3

To the extent that the Enlightenment depends upon the principle of "c reated equal , " it depends upon Jewish metaphysics and Christian faith. Locke's contention that by nature no man is intended to be ruled by another comes not from observation , not from history, and not exactly from philosophical argument , hut from an appeal to a biblical metaphysic. Indeed, it never entered into the consciousness of philoso­ phers in any part of the world, unless they had first had contact with Christianity. The one overwhelming reality that reduces all humans to equality is the Face of their Creator, W ho is not impressed by men's power, wealth, or earthly might. This Judge, however, has no interest in making them feel small; His aim is to awaken them to their potential greatness. Their equality arises from their relation to Him. Witness this argument from faith even in Locke's Second Treatise:

82

0 N TW O W I NGS The state of nature has a law of nature to govern it, which obliges every one; and reason, which is that law, teaches a l l m a nkind who will but consult it that, being all equal and i ndependent, no one ought to harm another in his life, health, li berty, or po5'>essiom. For men being al l the work man ship of one omnipotent and infi n itely wi'>e Maker - all the ous. of the Mayflowpr C ompact of 1 620 a n d of tht> covt>nant set forth in J ohn \Yin throp 's famous sermon on the A rbella n ot lon g a fterwarar that s ome themes of the Declaration of lndt>pen denc t' Wt'rt' a lrt>ady fort>sha, l owed in tlwse t'arly comments - for t'Xample. that humans propt>rly form political s ocit'ties on the hasis, o f covenants, a n d that good sociPtit's a re founded on " the consent of the governed. " 1 5

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Zuckert notes a s well imp ortant discontinuitie s , of which he emphasizes three : the early covenants do not begin from the equality of all men , but recognize many ranks and degrees , even inclu ding the authority of the king; they mention the historical rights of E nglishmen, but do not mention natural rights that inhere in all individuals by nature ; and they are expressly C hristian in their form, purpose , and sacred language . By contrast, the Declaration of

1776 relies on natural

equality and natural rights , and is mostly "'secular" in form, purpose, and expression. 1 6 The question , then , is why American political philosophy changed so much between

1620 and l 776. Zuckert offers a truly delic ate and

complex analysis of three interwoven tradition s : the Protestant Whig traditions imported from Britain into Ameri c a ; the early C hrist-cen­ tered Pilgrim tradition of Massachusetts Bay; and the closely reasoned Puritan tradition that later developed . Regarding the last, he draws upon the work of others to show how New England preachers welcomed the appeals to reason made by Algernon S idney and J o hn Locke . 1 7 These p reachers accus tomed churchgoers throughout the c olonies to hearing simultaneous arguments both from S c ripture and from rea­ son . 18 Still, for Protestant interpreters of the founding the problem of the high role for reason remains acute. Classic Reformation figures such as Martin Luther and John C alvin tended to reject with great force the ear­ lier S cholastic ways of relating faith and reason by declaring that the Catholics laid too little emphasis upon Scripture and too much on rea­ son . Agai nst this , classic Protestant writings emph a sized the severe inadequacies of reason and put their trust in Sola Scriptura . Thus , it is not easy to show that the fairly chaste appeal to arguments of reason in the Declaration - and the relative delicacy and restraint of its appeals to Scripture (as in the names it uses for God: Creator, J udge , Provi­ dence) - i s continuous with American Pilgrim traditions . I n form , sub stance , and language , the Decla ration seems to break from the Protestant p ast. This question of the development between

1620 and 1 776 appears

in a quite differentlight to C atholic thought. Indeed , Zuckert makes this very point : Where , on the one hand , classical Protestantism looked to Sola Scriptura , ""Locke's official formula , on the other hand , echoes the understanding put fo rwa rd by the mainline C atholic thinkers from

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T homas Aq uinas to Frar1"isco S ua rt-' Z and R ol wrt 8 Pllarmint' . and part of the initial R Pformation impulsP was to rPj PC" t s 1l < ' h a ason to disenn tht• hasi laws d i sc ovt->rf'd by the wist' G rt>t>k and R oman lawmake rs. tht• law of :\1 ost'S. and tht-> � ... w Law of tht> Gosrwls . ThPy rootPd all of tl w,w in tht· livin� mind ( ·"Light:· " Law" ) of tht> Creator - tht' Etf-'rnal Law. n ow and always pffpctivP in concrete things. In this traditional sc ht->mt' . the Jt.. gitimac y of �ovp rnmPnt flows h oth from the consPnsual n·asonings of the �ovt>rn t>d . ahlt> to rPco1rn izt> the light of God's intelligenr e in human affairs. h ut also from tht' mt'as11r­ i n g rods God has establi shPd for j ust ict' . which t'\' f'n rulPrs must ht>Pd. In other words. j ust hrcaus e rulPrs havp thP r ons Pnt of thP govprnnl . they may n ot violate j usticP as tht>y plPas P . I t is not only thP consPnt of the governed that legitimatps thPm. hut also tht>ir adht>rt>nce to c an ons of j us ticP . T hat is why t'Ven lt>gitimatt>ly t'Stahlished kin gs . one!-' they b ecome tyran ts ( offt>n dt' rs against j ustict' ) . inv i tt' disoht> dit> n ce. .. D i s ­ olwdience t o tyrants is olwdit>nct' t o God :· a s Franklin worded it. It is true that nu C atholi(' thinkt'r of that tinw had d t>wloped a the­ ory of natural rights. Las t'd on argunwnts takt->n both from reason and from S cripttirt->. e ·s a('hit->vt->mt'nt. T l w bt>st that S ua rt->z and Bellarmint' achievt>d falls short of a modt->rn tht>ory of rights : hut i t is n ot insignificant. First. C atholi(· thinkt>rs had l wld for ct->nturit->s that kings do not rult> hy d ivint' right. hut under divi1w law and its worldly exprt->s­ sion , n atural l aw. :2° Not only in this rt>spt->corn L C atholic thought had t>s tahl is hed the principle that political powt-> r H ows from tht' ,·on sPnt of tl w govt>rn t>d: and thus, that a tyrant who ahust-'s tl w d ignity of his suhjt>cts may law­ fully he d t>post>d. :2 2 Fin ally. Catholic thought. in its t>mphasis upon the rt>fl ec ti on and deliht· rati on rt->1p1 irt->d for acts of gt>n ui n e l y fret> w ill -

i.e. , human lih t>rty, propt> rly s o c allt>d - had alrt>ady establisht>pt of t�e dignity of tht' human pt>rson. :2:l Catholic thought extollt>st form, this logi(' moves through seven step s . First, the founders saw in the two uniquely human activities reflection and choice the engint>s of liberty. Second . these activities suggest a highly moral concept of the natural right to liberty. This understand­ ing of liberty draws upon both revelation and reason with the result that, third , in matters of liberty, revelation and rea�on seem to he allies, not foes. Fourth, as experience teaches. without virtue ( that is, habits of certain kinds) liberty cannot ht> sustained : unless you ..confirm your soul in self-control," you cannot exemplify self-government. Fifth, given the changeability of human morals over time and the persistent tendency of morals to decline, the free society is inherently precarious. Sixth, only a source stronger than moral reflection but inwardly linked to it can arrest this remorseless entropy. and that source is religion of a certain kind. Seventh, trial and error teach that the advantages of liberty and the virtues it inculcates are better secured when religion is not established. W hy did the American founders believe that religion is a sound foundation for a republic, when Europeans of the Enlightenment held liberty and religion to be foes·t The Americans followed two different paths in arriving at their own distinctive concept of natural rights , and both paths reached to the same point. As the founders understood them, both reason and revelation locate the evidence for this natural right in man's moral nature - •'in the frame of human nature:· as John Adams put it , "in the constitution of the intellectual and moral world . "'3 2 This distinctive American understanding of natural rights is implicit in the opening lines of Federalist No . 1 , which characterize the entire process of ratifying the Constitution , as the people were then doing. Here are the crucial words: It seems to have been reserved to the people of this country, to decide the important question, whether societies of men are really capable o r not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force. (emphasis added) 33

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The question is not whether humans merely have these two capacities , ""reflection" and ""choice . " If they didn ' t , there would he no point in proceeding with public debates , arguments in journals and pamphlets , and long deliberations . The question is whether these observed capaci­ ties are strong enough for the great social task of forming governments. Since no other earthly creature except human beings acts from these two capacities , reflection and choice are nature's testimony to human destiny. To live according to reflection and choice is , therefore, the law of nature . It is also the law of God. Since both nature and God command humans to exercise their liberty, it follows that humans must have a natural right to liberty. Without such a right, they could not obey either the law of their own nature or the law of God. Further, since to he free is to incur responsibility for one's own deliberate choices , no one can hand off his liberty to others ; liberty is not alienable. To violate a person's natural liberty is , therefore , to deface , deform, and frustrate the laws of nature and nature's God. It is both a sin against justice that cries out to heaven and a crime indictable before the tribunal of humankind . In religious terms generic enough not to he limited to Christians solely, Jefferson wrote: ""The God who gave us life gave us liberty at the same time . " 3 4 It is a self-evident step from this conviction to the phrase of the Declaration , "'endowed by their Creator with certain inalienable rights. " Skills i n constitution-writing, however, are not the same a s skills in metaphysics. The founders were not primarily metaphysicians; they were nation-builders. They were less concerned to publish precise dis­ quisitions on liberty than to contrive practical institutions of liberty, institutions that would work - and work among people as they were , not some imagined species . This point was emphasized on the eve of the constitutional convention by John Adams in A Defence of the Constitu­ tions of Governments of the United States , with a sharp elbow in John Locke's eye: A philosopher may be a perfect master of Descartes and Leibniz, may pur­ sue his own metaphysical inquiries to any length, may enter into the innermost recesses of the human mind, and make the noblest discoveries for the benefit of his species; nay, he may defend the principles of liberty and the rights of mankind with great abilities and success; and, after all, when called upon to produce a plan of legislation, he may astonish the world with a signal absurdity. Mr. Locke, in 1 663, was employed to trace out a

88 O N TWO W I N GS plan of legislation for Carolina; and he gave the whole authority, executive and legislative, to the eight proprietors, the Lords Berkley, Clarendon, Albe­ marle, Craven, and Ashley; and Me!>sieurs Carteret, Berkley, and Col leton, and th e i r h e i rs . Th is new o l iga rchical sovereignty c reated at l e a st three orders of nobility . . . . Who did this legislator think would live under hi� gov­ e rnment? He should have fi rst c reated a new species of beings to g ove rn, before he instituted such a gove rnment. 35 Tllt' Anlt' ric an founders, evidPntly, WPre t' citizt>n must he ahle to summon up at will a c apacity for sober reflec tion and duly measured c hoice. such as the authors of The Federa list pro1wrly demanded of them. Thus . citizens who depend upon refl ertion and c ho ic e will necessarily dqwnd upon an array of indinations, dispositions and hab its that. w hen duty r alls . c lear their souls of passion, ignorance, b ias, interest, and fear. George Washington, in particular. grasped tht> inner dt>pt>ndence of the republican experiment upon the s otmd habits of its citizens . F or this reason alone, at full risk to his own reputation ( with everything to lose, nothing to gain) . he could not refuse to conw out of retirement to guide the first ge1wration of r itizens of the new republic through its first foundational years. His principle was this: A nation. like a c hild. forms its character around its earliest transac tions . Therefore, �·ashington dett>rmined to lead tht> nation at large through the ways in which a citi­ zenry c alled to s elf-government mus t c omport itself. The pe ople

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themselves must become an example to the world of reflection and delib­ erate choic e , and the enabling and supportive virtues on which these capacities depend. 37 This distinctive concept of natural rights embodied a national moral p roj ect that can be expressed through the two-sided meaning of "self-government . " A republican experiment is a n experiment in pub­ lic self-government through public institutions on the part of the whole people . At the s ame time , such public self-government can only suc­ ceed if its citizens also practice self-government in their personal lives. The citizens of a republic must comport themselves with capacities for sober reflection and deliberate choice at the ready. It is not necessary for all or even most to be saints . Nonetheles s , to suppose that a repub­ lican government could succeed without at least a modicum of virtue in its citizens would be a pipe dream . 38 Actions taken without reflection and choice may be licentious ; they cannot be examples of liberty. 39 Further, it is the great merit of the Protestant C hristian religion (which in this is remarkably close to Orthodox Judaism) that it empha­ sizes both religious and personal respon sib ility and self-mastery. It emphasizes these virtues for reasons that a r e both prudent in the ways of the world and religious . These vi rtues are commanded equally by the laws of nature and nature's God . That is to say, actions flowing from virtues of this sort are necessary for the fulfillment of the distinctively human potential , and in that sense in accord with natural law. But actions flowing from virtues of this sort are also necessary for making the commitments required by religious faith , hope, and charity - com­ mitments of conscious choice , made after due reflection , and apt to be persevering and semperfidelis - and thus in accord with the New Law of God . For grace , too , uses and perfects nature , lifting it up to new pos­ sibilities that do not contradict its instinctive longings but fulfill them in a surprising and undeserved way. In this respect , the American founding was also est ablished in a carefully modulated langu age , which could be understood by freethink­ ing atheists in one way, by 'broadminded' Unitarians such as Jefferson in another, and by devout Presbyterians such as Witherspoon and par­ tially secularized Puritans such as J ohn Adams in yet others . The key to this code is the analogy between faith a n d reason ( a n d its p arallels , grace and nature) . W hile the American eagle rises on both wings , some individuals use both wings comfortably, but others feel at home only on

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·cs

th t> pro p t 1 h,ion of 0111• or t ilt ' ot h,·r. F o t· t ilt' maj n t·it� o f t h,, fou 1 1 d1•1·:- i t wa:- not ra t iona li:-m h u t .. pit'! � ·· t ha t lif't ,·d t ll l' i1· 1 · 0 1 1 1·,q.!t' . Con:-id.-,r o n l y t h" ,·i µ: h t � -ninl' fo1 1 1 1 dt'r-. \\ h o --i;_!twd ,·it her t h " D,·,·­ la ra t i o n of l n dq w n dt•tH't' or t he ( : 0 11 -. t it u t i o 11 o r ! 10 t h 1 -.,•,· \ p pcndi '\ I .

l\l o:-t li\'t·d i n :-talt':- \\ ho:-t' ( : o n :- t i t 1 1 t i o 1 1 :- rcq 1 1in·d o f the m . ,., 1·11 for l w l d­ i n «r oftin.. . t ha t t ht'Y lit' Pn1 1t':- t a n t ( : h ri -. t ia n -. . \ l o-.t -.o I i , ed. \\ ro t,· . a n d a r�twd. ,t,·n o f a p u n·l� ra t i o n a l i:-t t 1· m 1 w r. 1 11 1 1 -. t of t hem t h o 1 1 µ: lt t . a n· not l ike!� to lit' mtl l'all� n·lialdt· in tinw, o f :- I n• -. :- a n d da n!.!et· a n d a m l i i ­ p:ui t y . ,1t'n o f a p t t r t'l � rt>pre:- t> n t at i Y P

ra t i o n a l i :- t t 1· 11 1 1 w 1· \\ 1·1·,· 1 · , · 1· t a i n l �

not

o f t ilt' majorit� 0 11 \ \ ho:-1• h n , a d , lw11 l d1T:- t lw fa ll' o f t h e

rt>publican t'Xpt>ri n wnt n •..; t :- . F o r 1110:-I 1wop l,· . a n d in t llt' Ionµ: ru n . t lw moral t>n t ropy t h at lt'Yt'l:- t ht> hi µ: h ,ll'hi,· , e1111·11 t -. o f a n a;_!t' of mora l hen1i�m . an d lowt'r:- t ilt' mora l pra ! 'l i l 't' o f a peopl t ' . \'an l11• 1 · 0 1 1 11 l t'n·d 0 1 1 !� with an awakt'ning: bnit1g:ht abot1t b� C o d· .. ··,1 1 1 1 a 1 i11;! p·a1 ·1· . · · Fro m th t' lH-'ginning:. t lw batt lt' hymn..; of t ht' \m,·1·i \ ' a 11 peo ple ha, 1· rdl,·, ·!l'd t hi -. dua l rt:>ali t y of t lw mora l t' ntrop� o f n a t t t l"t' a n d a Il l'\\ .. n·hirt h nf fr,·,·­ rlom . '" C ondt'w-wd i n a :- in µ: l,· p h ra :-t• . t hi..; i n -. i !,!: h l i..; :-till 1' '\ J 1 1·,•...-.,·d ,., ,·n by our m o :- t :- t'ctd a r p rt> :- i dt'n t :- i n t il t' J a ... t J i n ,· of tll a n � a p t·c:- i d,· n t i al a ddress: God bless .A merica !

A Re ligious Interpretation of the Foundin g T l w p a:-:-in g: yt'ar:- h,n t' t''\pO:-t'd :•w riou:- tllora l and i n l t'll,·, · t 1 1 a l dt'!ici,•11 cie:- i n Lockt'an rt'g:im t• :- . � t> l f-pn•:-en at ion. for i n -. t a m · ,· . p r,1tllp1t·d tlw whitt:> populati o n of t he � o n t h I n ding t o :-LI \ t'r� : t o o, cr\'Olllt' .. J .I \ ,·r� . a mort:> ,i g:orou:-. mora l dt'tinition of n a t u ra l ri !! ht h a d t o l w l i nn1;.d 1 t 1 l1 Dt'ar. w Thi:- mora l dt'tinition a rn:-t' in p n·ci,.;cl� tho,.;c part ,.; n f t ht' c ,l \ 1 1 1 t ry wlwrt' t lw origi n a l t h t'ory of n a t u ral ri !! h t ,.; \\ a:- a mora l a n d n'li ;!i l l l l :­ t h eo ry . roo tt:> d i n h u m a n di�n i t y . l n a nw 1·,· g:1• 1 1 t· 1·.t l fra t 1 1 1'\\ 1 1 1·k . a ft ,T t ho:-t' �wri()(h of l a '\ i t ) whil'h mu:-t lw fon•:-t't' ll in t h,· In n !! n l 'lt•:- llf a l l soci t>tit:> :- . t ilt' H'r� tl at 1l t':- :- an d i n :- i p i di t � of l .o , ·k,•·., t'l h i c a l , i:-illn - i t :­ frt> 1 p1t> n t rt>duct io n of t lw h i g: ht'r t o t ilt' l o\\ tT - It-a , ,. it u n l i ke !� 1 1 f i t :-,•lf t o in:-pirt' n obili t y of :-piri t . 1 1 To met't :- l l \ 'h i n t':-t· a p a bl,, rn·cc:- ,.; i t i ,· :- . t l w rloct rint' of n at u ral ri�ht m u :- t lw �i, t'll au'\.iliar� :-upport :- . Tocqut',·illt' him:-elf p 1·t'dict t'd t h a t a t :-onw tim,· i n t he fut u re . pru­ rl ent i n t ht' wa� :- o f t lw \\ orld. C at hol ic :- m i !! ht come t o t lw tfrfr n :- e of the An wrican R t>p uhlic . ·• � In a t lt'a:- t four \\ a � :- t h t> \ m e 1·ica n H qi n lilic mort' do:-t:>h m a t d w:- t lw Cat holic ,i:-ion of t l w �ood C i t y t h a n a n) prior

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civilization in history. It i s b y no m ea n s the C ity of God. It i s flawed and full of faults . Nonetheless . . . • I n its very founding, this Republic rested upo n the classical activities of reflection a nd choice - the v ery guts of the Thomistic vision of libe rty - as ma nifested in the ratifica tion deb a tes . I n a F ourth of J uly spee powf't' of Congrt>ss is lirnitt-'1I . It l'ann ot Pitlwr Pnlt'r into thf' sphPrf' of thP Almi ghty or st>al it off. Cardin al G ibbon s of H altimorf' t>xplainPd this in Rome in 1 887 on his installation as a C ardinal: For mysel f, as a citizen of the United States, and without clor­ fects" naturt' (c haptn 2) . In battlf-' . for instancP . it inspirt>s a hopt> an d couragp and 1wrseveranc P that incrPasf' the frt>qut>ncy of ht>roic action s and the probability of v ictory. Bt> for p thP agP of Aquin as ( 1 2 2 5-12 7 4 A. D . ). tl w stan dar d text­ .. book answPr to tht> s . .. I f "· good mf' ans worthy of sal vation . tl wn tl w an swer is n o. for it is onl y through tl w gract> of Christ that mt>n ar P s avt> d. This , liff Prf-'n t answer was facilitated by tl w fact that Aquinas was the first philoso­ plwr in tl w Wt>st to havt' in his hands a fresh tr ansl ation of AristotlP· s Nicomachean Eth ics, which had lwt> n lost for upwan l s o f a thous and y t>ars . and had ht> Pn availahlP on ly in Arahir . Thus l w had empiric al evidt> n vil c an ht> drawn in ttTms of n atural virtut>s and vi.. es. hecausf' Aristotl e had dont' it very well indeed.

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For Aquinas, nature as we actually find it in history is fallen, dis­ ordered , thrown off center, weakened , dulled. But it has not been destroyed. It has admirable powers still. For Aquinas , a man in approaching God need not go down on all fours ; God desires the wor­ ship and the friendship of men who are free , not slaves. He gives His grace to heal human weaknesses and to elevate human capacities beyond their natural range. He does not take nature away, destroy it, raze it to the ground. Quite the contrary. For God, there are no afterthoughts. All of history is present to Him not as it is to us in the long sequence of consecutive hours, days, and eras , but in a single immediate glance. In God there is no ••fore­ knowledge." All of God 's knowledge is simultaneous ; the term ••foreknowledge" is an adaptation to a human way of speaking. Thus, in creating us, God knew in the same instant our creation , fall, and redemption. For Him , these matters interpenetrate one another: cre­ ation is simultaneously (in His eye) pristine, fallen, and disordered , and redeemed. Before time was , and after time will be completed, God is. ••J AM WHO AM," the great Hebraic text (Exodus 3 : 14) teaches. On this text, Aquinas founded his fundamental insight into the priority of exis­ tence to essence. 48 In daily experience, Aquinas had a very sharp sense of the brevity of life: of what it is to exist with exquisite consciousness for a time, and then to be no more. This insight lies behind his reflections on how we are led by daily experience through reason itself, even apart from faith, to some sense of God. In the philosophy of Aquinas, the human person is the one crea­ ture in the universe created as an end , not solely as a means, because capable of self-governing behavior through reflection and choice although, of course, often enslaved to passion, self-interest narrowly conceived , and self-gratifying weaknesses of will. Aquinas further believed that the source of all political power rests in the consent of the people, and that the ideal regime is an admixture of monarchical, aris­ tocratic, and democratic principles. 49 He held that monarchs are subject both to the moral law, which is superior to their own power, and to the consent of the people, such that a monarch who abuses either one of these is a tyrant , whose power is illegitimate ; and that ty rants may be deposed. For all such reasons, Aquinas has been singled out as ""the first Whig," that is, the first philosopher in the party of liberty ,

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whose first writinµ;s on this subject are virtually fore the question of .. natural rights · · could arise in the form in which Locke addre ssed it in 1 680 , for instance, a number of other practict>s and doctrines had to be tested hy experience . s I As Lord Acton says , the requisite development o f con­ science and a fuller understanding of liberty did not arise until the seventeenth and eighteenth centuries. 52 In Cen tesim us A nnus , in summary form . John Paul II lists three natural rights of great antiquity : the right to private property : the right to association; and the right to religious liberty. Both the social prac­ tice and the intellectual justification of two of these rights - private property and association - long antedate Locke . The argument estab­ lishing the first is at least as old as Aristotle . and the locu s classic us of the second lies in the defense of the Dominirans and Franciscans against those who wished to banish such associations from the Universit, of Paris circa 1250 A. D. s� The theological principle of religious liberty namely, that the decision whether or not to accept the word of God is of its nature wholly personal and inalienable - is not new. --Whoever loves father or mother, son or daughter. more than me is not worthy of me. He who will not take up his cross and come after me is not worthy of me" ( Matthew 1 0 : :� 7 ) . No one . not even members of our own family. can perform that task for any of u s . Thus . the family of Thomas Aquinas could not in the end prevent him. even hy kidnapping him and holding him prisoner. from answering his personal call. s i Nonetheless . urnler Providence it remained for the United States to erect before tht> world .. a new modt>l" of liberty nevt>r seen before . and thus to work out in institutional form the political and institu tion a l principle that the power o f the state is severely limited i n the sphere of conscience . The theologica l principle had been known ever since S t . Ambrose ( 339-397 A . D . ) forbade Roman soldit>rs from entering the Cathedral in M ilan . ss This matching of the politics of lib erty to the theology of liberty had never before been achieved.

This achievement in the United States may be flawed, but it

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remains one of the most nohle achievements of the human race; as Pope John Paul II recounted to the new American Ambassador to the Vatican in 1998, The Founding Fathers of the United States asserted their claim to freedom and independence on the basis of certain " self-evident" truths a bout the human person: truths which could be discerned in human nature, built into it by "nature's God . " Thus they meant to bring into being, not just an inde­ pendent territory, but a great experiment in what George Washington called "ordered liberty." . . . The American democratic experiment has been successful in many ways; millions of people around the world look to the United States as a model in their search for freedom, dignity, and prosperity. But the continuing success of American democracy depends on the degree to which each new genera­ tion, native-born and immigrant, makes its own the moral truths on which the Founding Fathers staked the future of your Republic . . . . I a m happy to take note of your words confirming the importance that your government attaches, in its relations with countries around the world, to the promotion of human rights and particularly to the fundamental human right of religious freedom, which is the guarantee for every other human right. Respect for religious convictions played no small part in the birth and early development of the United States. Thus John Dickinson, chairman of the Committee for the D eclara tion of Independence, said in 1 776: " Our liberties do not come from charters; for these are only the dec­

larations of preexisting rights. They do not depend on parchment or seals; but come from the King of Kings and the Lord of all the earth . " I ndeed it

may be a sked whether the America n democratic experiment would have been possible, or how well it will succeed in the future, without a deeply rooted vision of divine Providence over the individual and over the fate of nations. 5 6

It is obvious that our reflections so far stimulate many further ques­ tions.

FIVE T he only foundation for a useful education in a republic is to be laid in religion. Without this there can be no virtue, and without virtue there can be no liberty, and liberty is the object and life of all republican governments . -Benjamin Rush, 1798

FI FTH CHAPTER

Ten Q uestions A b out the Founding

A

merican histo rica l scholarship , " Wilfred M . M c Clay wrote recently, ""has largely neglected the study of religion. Precious little in the story of American history that survives in our stan­

dard textbooks even hints at the abiding religiosity of the American

people . " 1 As a result , even the most elementary questions go publicly unmentioned , even those that need to be mastered anew by each gen­ eration . Principles a re kept intelligently alive only by inquisitive generations . The following are questions frequently asked in this gen­ eration .

1 . You wouldn't pray to "'nature's God," would you? (What for?) In other words, in the Declaration of Independence, isn't ••nature's God" a term of art, or an engine in the Newtonian machinery? Let's stipulate - but just for a moment - that "'nature's God" is a part of the Newtonian machinery. The same Declaration speaks of Creator, J udge , and Providence . And under s uch names one does p ray to the God of Abraham , I s a a c , J acob and of Jesus and his apostle s . The founders also prayed to that God , Father of all , Almighty Governor of the universe. 2 But now let me go back and retrieve ""nature's God . " W hatever Newton (or Locke) may have meant by it, the signers of the Declaration brought that phrase into the Jewish and Christian orbit , and by a tra­ ditional method , too . W hen S t . Paul addressed the Athenians , he pointed to the statue of the unknown god in their own city square , and

99

100 O N TWO W I N GS spoke then' ( an d d sewht>rt' ) of the G od all men know from the obs er­ vation of n ature around tlwm ( A ('ts 1 7 : 2 2 -28 ). Through rf'ason alon e n ot nrnC'h C 'an bf' lt>arnt>d ahout God. hut a ft>w things f' an . That s u('h a G od t>xists can lw infrrrt>d. an d somf' st>n s t' of that God's infinitt' m iµ; ht, tht> in tric a('y an d dt>lieacy of God's wisdom. an d the disproportion lwtwef'n God an d our own minds. Wt> c an gain some s en sf', too, of G od's ov t>rall h en t'volt'Ilf't' . f' V en though thf' ev ils an d sufferings that W t' t> n dti rt' temper our j udgmen ts . an d in d in e us to waver as to how good G od really is. F rom reason alon e. though, philosophers did n ot c omf' to the idf"a of fTt' ation in time ( A ris totlf' 's unmoved mover f'ould have maintaint>d etern al c yel es in this material world) � n or Final J udgm ent: n or R t>demption . About tht> c haraf'ter and ""personality" of G od ( if any). reason alont' leaves us in darkn e:-. s . From the observation of n ature around us and within us. philosoplwrs have learned a few things about ""the G od of n ature.'· but n ot much. But n either S t. Paul n or other thinkers thought it impermiss ible to unite what they learn ed ab out G od from the rev elations made through the Hebrew prophets and through the S on of G od - that is . what they learned from the way of kn owing c alled faith - with what they learned from reason. They un derstood thes e two way s of knowing. reason an d faith, as c omplementary. F or what they c ould n ot learn from reason alone, God in his mer..- y supplied them in the light of rev­ elation , if they wt>re willing to acc ept the c redibility of his witnesses. and through them c ome to some ohsf'ure direct sense of his prt>senc e. The ben efits of hav ing two s ources of knowledge are four. First. what is acc epted through faith f' on firms w hat is kn own from reaw n . S ec ond. faith offt>rs us propos ition s to tt>st through daily liv ing: for instanf'e, that to take up tht> cause of liberty may he to involv t> oneself in travail an d suffering ( "" to take up tht> c ross daily" ) . hut it is c er­ tainly to enj oy the fav or of Providen c t' . Third. faith is ric h with motiv ations j ust where rt> ason is poor. F or ins tanct'. faith f' oun s els us that evt>n our hidden ac ts of f' ourage. unn otict>d hy others. will n ot esc ape the ey t> of our J udge. To act alway s in c on fi den c e that on e·s deeds are fully ohserv ed and acf'uratt>ly weight>d is to act far b ey on d the hounds of reason alo1w , while trusting in the ultimate reach of rea­ son. Fourth. when Wt' turn to af'tion , the G od of J ews an d C hristians, hein g the Sourc e of rf'ason, thf' ultimatt' reason for our trust in rea­ s on , f'Xtends thf' range of our c onfidenc e and our firm relian c e on H is

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assistance. He emboldens us to act beyond what may seem reasonable in the light of reason alone, and thus to dare great things boldly "with a firm reliance on Divine Providence. " So He did for the founders of our nation. 3 Thus, if what we mean by "'nature's God" is only that which can be known through reason, we might not pray to such a God - although it seems that pagans have in fact supplicated such a God not infre­ quently. We would certainly not know to pray to Him as '"Our Father which art in heaven." Yet if we mean by "'nature's God" the same who is Creator, Judge, Providence, and Father of all, as He is known through the Hebrew prophets and lastly though Jesus, then, yes, we might well pray to Him: "Love who moves the sun and other stars," Morning Star, Lord of the firmament, Maker of the mighty mountains, Source of all running waters and streams, "Our Father which art in heaven, hallowed be thy name. " Reciting such praises from the Psalms of David in their Psalters and hymnbooks, the founders of our nation pray ed to the God of nature and history, not only in their churches, but also on official and public day s of thanksgiving, fasting, and supplication during the cele­ bration of governmental events, and in the sermons that invariably accompanied them. 2. M any of your examples show that the founders held that their religion was useful to them. Doesn't that turn religion into a mere means? Isn ' t their religion, then, purely utilitarian? Even Tocqueville observed that American preachers spoke little of doctrine, preferring to emphasize the relevance of religion for this world.

Yes, Tocqueville did write that "' Priests in the Middle Ages spoke of nothing but the other life; they hardly took any trouble to prove that a sincere Christian might be happy here below." Then he went on: But American preachers constantly come back to earth and only with great trouble can they take their eyes off it. To touch their listeners better, they make them see daily how religious beliefs favor freedom and public order, and it is often difficult to know when listening to them if the principal object of religion is to procure eternal felicity in the other world or well- being in this one. 4

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But in this s an w passagt> To1 ·qw ·vill 1· dt>fn1dt>d tht> Anwris t rightly understood - an d ('Ollllllt>IHlt•d it. J\. ftpr all . J ps us in thP Gos 1wls prt>a alte rnatives as P tt'rnal p un is hnw nt an d t'tt·rn al blis s . an d urgin g human s to (' hoosp whfrh is in tht·ir trut> st>lf-in h'rt>st. W ht>rt' should tlw y lay up thPir trPa­ surP? W hic h courst' is truly us t> ful to tht> m! To prt' s P n t rt>li�!; ion in utilitarian tt:' rms dews n ot falsify tht> JJrt'st>n tation. True rf'ligion is . in fact, usefu l. It may lw that humans ought to d10mw tht> 1 0 \ t' of G od for its own sake. And some will. But we humans art' vt>ry wt>ak. an d nP arly all of us at some momt'nts need every r to gt>t us to do the right thin g. Toc queville quotes Mon taigne: ··W hen I do n ot follow the right path for the sake of righteous1wss . I follow it for having found hy experience that all things ('Onsidt>rt>d. it is commonly the happies t and

most useful. " 5

Toc queville goes on to make a dt>ept> r poin t. A meric ans . more than any aristocratic culture ever did. valuP what is uspfu). n ot merely what is ·· heautiful. " Americ an s turn away from the prP tP n s ion s of the nobility, who have hePn taught to prefer the .. n ohlP ·· an d the .. beau­ tiful." and to disdain the useful and the lowly. AmPric ans. Pven wealthy Americans, do n ot fear gPtting their hands dirty. and do n ot s hirk man­ ual work, even if they own plan tations or are of high mi!itary ran k. They c ons idt> r it manly to s hare c ommon hardships and to put their shoulden; to the whef'l. I n deed. so ,· omplett'ly havt> Americ ans turned against aristocratic preten s ion s . that t'V t'n when they do somethin g bec ause it is good for its own sakt'. tht•y dis guist' this good deed hy pointing out that it is actually ust>ful for tlwm in tlw lo ng run . Americans, on the contrary, a re pleased to explain almost all the actions of their l i fe with the a id of self- i nterest w e l l un de rstood; they com p l acently show how the enlightened love of themselves constantly b rings them to aid each other and disposes them willingly to sacri t-ice a part of their time and thei r wealth to the good of the state. 7 Americ ans prefer tlw c on c eit of prac tic ality an d utility . even when describing the n oble. Permit me a c on temporary ex ample. O n c e when teac hin g for a semester at tht> U n iversity of Noti·f' Dame. I n oted posters advertising for student volunteers to givt' up tht>ir summers to help poor villagers

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put up housing in Central Americ a . Designed by the university chap­ lain's office , the largest lettering on some signs announced that such volunteering would be : TH E B E ST INVESTMENT YOU EV ER MADE. Across the bottom (I cite from memory ) , the banner read: YOU'LL GIV E MORE TO YOURSELF THAN YOU WILL TO TH E M. Thus do chaplains even today present the act of generosity, solidarity, and pursuing the common good as an act of self- aggrandizement . Facing a rugged, unsettled wilderness , the first Americans had much to accomplish, and little time to waste . If they wanted a roof over their heads, they had to put it up . If they wanted a bridge over a stream, they had to build it. If they wanted a church , there wasn't one from the eleventh century that they could just use; they had to con­ struct one . Moreover, they didn' t have at hand all the manufactured goods and tools that Europeans had; they had to import them from great distances, or learn how to make substitutes for them. No wonder the useful gained value in their eyes, and seemed very near to the true and the good. When you learn to ""make do," you try to make the sub­ stitute as good as the original. Inventive artisans can even improve upon the original. Invention became an American passion. Americans started producing new models of the true and the good, which had never been seen before, and many of these were also demonstrably use­ ful.

Metaphysically speaking, Americans were expanding the linguis­ tic universe of the aristocratic cultures of the past, within which the terms ""the noble" and ""the useful" had their assigned places . ""Use­ ful" had been associated with servile and was beneath the notice of aristocrats , but in America the landed gentry could not afford to ignore the useful, and took pride in their useful inventions and utilitarian skills. They considered the expenditure of brain power on useful things an important service to the common good as well as to themselves . When Benjamin Franklin demonstrated some of the properties of elec­ tricity with his ingenious experiments , the tr uths he was uncovering about the good for humankind inherent in electricity led him to useful instruments such as lightning rods . He did not consider such concern with utility an ignoble use of talent. In such a milieu, to describe a religion as useful is not to demean it , or to place it below things good in themselves or true for their own sake. To describe religion as useful is not unlike saying that man was

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not madt' for the S al , hath. but tht> Sabbath for man. I n an agt> q uilt> intt>nt on what is pract i,·al and ust>fuL to t>mphasize that rtain things in themst>lvt>s tnw and in tlwm:-w h 1 ·s good art> al so quilt' ust>ful is high praise. It w ould l w vt>ry odd of C od. indf' Pd. if o l w y ing His n human lwinµ;s . J udaism and C hristianity offer not o nly a vision of a fret> and sdf-gow rning soason only : this rPligion is true . It is verifiahle against the facts of human f'X } Writ>nct'. I f C hristianity and J udaism W t'rt' not in themsel ves truP. they would not l ikely he solid rPeds on which to dept>nd. w hPn tht> going gets tough. A.ny o nP propos­ ing C hristianity as a rt'ligion only l wcaww it is ust>ful. whilt> knowing ful l w el l that it is neitht>r trut' nor good in itst>l f. is a fool. F or what purpos t- w oul d it he ··us t>ful''? T ht> savor in the salt of reli gion lies in its being true : I therefore do not believe that the sole motive of religious men is interest; but I think that interest is the principal means religions themseh·es make use of to guide men, and I do not doubt that it is only from this side that they take hold of the crowd and become popular. I therefore do not see clearly why the doctrine of self-interest well under­ stood wou ld turn men away from religious belief�. and it seems to me, on the contrary, that I am sorting out how it brings them near to them. 9 For mt>n and w omt'n w ho know that tlwir rt>ligion is tn w. the comnwn­ dation that it is als o of unparalldt>d us t>fuhwss is not a dt>nial of its truth or good1ws s. I t is an additional rt'ason for gi, ing thanks . I n an agt- that pridt>s itst-lf on using practical intt>lligt>ne e. it is the latest seal of approval. S uch s eal s. of cours e. change with the fashions. Nowadays. in o ur own tinw. men· practicality is out of fashion. But this changt' in fashion does not falsify th1· claim made hy o ur forebears. 1,iz . . that in training

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up citizens committed to self-government, the Hebrew and Christian religions are uniquely useful. Nothing so demonstrates the utility of certain traditional moral disciplines as today 's lack thereof. ""Confirm thy soul," the old hymn says, ""in self-control/Thy liberty in law." For the Puritan and Anglican divines, the Source of being and true and good is one and the same God. The notion that following His law is not useful for personal and national life would have seemed to them an insult to God . That they praised this usefulness more than other generations in other cultures is to their credit, but only up to a point. For sometimes the founders so emphasized the practice of reli­ gion, the usefulness of religion, that they neglected the doctrine and the exact understanding of what they had inherited. ""It is in our lives and not our words that our religion must be read," Jefferson wrote. 10 He, like other founders, constantly praised practice and often spoke dis­ dainfully of doctrines, formalities, and exact definitions of things religious. During his term in the White House, Jefferson composed a '"Philosophy of Jesus Christ," and he later enlarged it into The Jeffer­ son Bible, a compendium (in four languages) of the moral teachings of Jesus . In his version of the New Testament, Jefferson deleted all refer­ ences to miracles, divinity, and doctrine; all that survived was the practical moral teaching of Jesus. In the words of the Virginia Decla­ ration of Rights, That Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, l ove, and charity, towards each other. 1 1

It is better to practice love of fellows, Jefferson and others liked to say, than to quibble over divisive issues of doctrine. Their impulse is understandable, but it also violates Pascal's law, that the first moral obligation is to think clearly. A faith careless about its intellectual con­ tent is reduced merely to a sensibility; after a time, it sinks to sentimentality. In two generations, it will leave its followers inarticu­ late: "'Yes, faith is important to me, but it's not something I can put in words. " In summary, religion is useful, but it cannot be reduced to the useful.

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The rf'ligious spnsf' is close t o a s f'n sf' o f l lf' a u t y ., h u t it c a n n o t he rf'duef'd t o an a P s t h f' t i c St-'HSP . R P ligion m a kes a rd u o u s e t h i c a l dPmand s , h u t i t cannot llf' n·duct-'d to Pthic s . T h f' utilitarian ., t h f' heau­ tifu l , thf' Pthical and t he rdigious - thn,P fo ur - a rt' Pach spPcifically diffrrPnt from thP othPrs . ThP rf'ligion of thf' fou ndf'rs was s t ronger in t h t-' domains o f t lw u st-'f°ul and thP e t h i ca l than in t h f' domains o f t h e l)f'autiful a n d t hf' holy. ThPy fdt mort' at homP speaking of rdigion as a useful puh lic g o o d and an important moral gu idf' . Facing t ht' h uge practical difficultif's of gPtting a nf'w Pxperimf'nt in repuhlican self-gov­ ernment underway, this concf'ntration of f'nf'rgies may have heen wist' , b ut i t w a s limited . T h t> price l a t e r gPnf'rations h a v e p aid for t h a t con­ centration is the grad u a l retreat of religi o u s fai t h from the field of intellec t . Fervent practicf' has n o t made u p the gro und lost t h rough intellectual wea kness . After t h e t remendous gains ach ieved h y t he founding gt>neration . it would h a ve been hetter if later genf'rations h ad addf'd to thf' Ameri­ can religious p a t r i mo n y a religi o u s sense of awe h e fore t h e holy. accompanied h y intellectual inquiries of great dPpth and clarity. E ven i f the conditions of frontier life h a rdly accommodatf'd t hemselves t o such t asks , their ahsence is today sorPly ff'lt . O u r national sense o f t he holy and the beautiful is t hin. When a l l is said and done . however. it is u n fa i r to ac c us e t h e founding genf'ration of reducing religion to the useful . Their sense o f their o w n weaknes!-i before t he might of the British flt>t'L t heir t rust in Providence , t heir oft-exp resiwd and fervent thanksgi v ing for thf' .. sig­ nal interventions" of that Providence in t heir behalf during the course of a long and difficult war. and their acts of fasting and humiliation go far heyond the bounds of t he secular and the utilitari a n . Yet it is fai r t o say that i n their approach t o religion they proceedf'd t o o narrowly. They lf'ft their religious inheritancf' unnecessarily vulnerable to intf'l­ lectual a ttack and to cultural declin e .

3 . The American eagle rises on two wings: reason and faith. Some of the founders, we are tol d , were c omfort a ble with one or the other of these two wings and some with both. But it is not clear exactly what these two wings are . For instance, is the wing of rea­ son to he identified exdusively with common sense? B ut common

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sense means many d ifferent things to different thinkers . For Thomas Jefferson, for example, common sense meant Enlight­ enment rationalism. And what is me ant by faith? Does it mean personal religious conviction in general, or is it faith as expressed in creedal statements and institutional religion?

To speak in a general way appropriate for the full range of the beliefs of the founders , it is necessary to use definitions broad enough to apply to all. The ""common sense" philosophy of the Scottish philosophical tradition , for instance , so beloved of many of the founders , belongs in part to the Aristotelian tradition of practical wisdom and partly to the practic al school of Cicero and Senec a . But it reflects also that distinc­ tive love fo r concrete things that E nglish and Sc ots collegians at the University of Paris (Duns Scotus was one) were already known for in the middle ages , and that love for inductive methods and individual cases that distinguished B ritish common law from the more abstract, deductive traditions of the Continent. The Anglo-Saxons demonstrate a love for reason all right , but theirs is not quite the ""Reason" of the Continental Rationalists. Jefferson was more Continental in his preferences , as he demon­ strated in his praise fo r the French Revolution of 1 789 . That preference made him a good choice as author of the American D ecla­ ration of 1 776, since one of the aims of the Declaration was to appeal to the French mind , and to p rovide France with a way of coming to the aid of an independent nation, rather than to the aid of seditious subj ects rebelling against the B ritish king. Jefferson's most famous philosophical passage - ""We hold these truths to be self-evident," etc . , is abstract, timeles s , and dramatic . By contrast, most of the rest of the Declaration consists of a long list of concrete violations of the tra­ ditional rights of Englishmen - case by case - modeled on earlier lists of such grievances in B ritish history, such as that of the British Declara­ tion of Rights of 1689. These parallels are drawn out in Pauline Maier's great study of the D eclaration. 1 2 In the title of this hook, I used the term '"common sense" rather than ""reason , " in order to emphasize that the founders were not E nlightenment philosophers hut men of affairs , political leaders , statesmen . They were following the ways of practical philosophy, not theoretic al philosophy. For thi s , ""common sense" seems the b etter

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namt', not least lwrh has its truth. hut o n ly within cer­ tain c on texts . People of common s emw ha, e a good insti n c t fo r whi c h b i t of wisdom fits which context. But y ou might ti P thPm u p i n knots i f y o u as k them for a theory that i ro ns out all tht' edges an d wri nklt's i n what they say. T ht'y don' t think tlworetic ally. They try to t«ke the facts in context, e ast' hy case, and reach hack in memory for the appr opriate wi sdom. They do not look for a theory. hut for a ra� of pr a Europ t'an izat ion of Anwri< " an in t t ' lle ,· t ual lift' lwt ra� t> d Anwril-an origin alit y and led to foq.?;t't fu) n pss o f t ht' t rut' first p rinci­ ples of the American republic. S t'con d , t ht' t radit ion al allian ,·t-> of rt->li16 on an d lilwrt y in t ht' United S t at es cam t• U ll(lt>r ass ault aftPr \\'orld \\ar II from t ht-> rej Pction of J udaism and C hrist ianit y by man y s t'c·ular lilwrals in t he aradt>my. t he law, and j ourn alism . A e on cert e d t>ffort . led hy Lt>o Pfeffer. att em p ted sys t em atically t o secularize Am erican p uhli" lift'. b y filin g .. law suits against every p erceived ..t>nt anglnnent of t lw Am erican st at e wit h C hrist ian it y.

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Prot est ants and O t ht>r Anwric ans l. n itt>d for t ht>

S eparation of C hurch and Statt> ent husiast ic ally j oined in t his pffort. as did t ht> American C ivil Libert ies l1 n ion. S uc h group s s ymholiud t he public p resence of religion in p ublic life as an infectious disease t hat ought to be q uarant int:>d. A d Pt ermint>d effort was made t o b anish reli­ gion from Anwrican p ub lic life. Bt:>gin n in g about 1 9-18. on e S up rem e Court cast' aftt>r anotlwr t urned t he j udiciary ( and t he law schools I int o aggressive enemies of religion i n public life. F in ally. alt hough Hollywood got it s st art m uc h earlier. hy t he post -war era of t ht' 1950s int ellectual and artistic Plitt's acq uired t:>ven m ore formidable p ower[-, ov e r t ht' pub lic t:>t hos t hrough t he ap pe ar­ an ce of t wo n ew t t' chn ologies of commun ic at ing. slick n at ion al n ews m agazines and t elt•vil-,ion . F or t ht:> f-ir[-.t t in w in hil-,tor� . t lw nwdia gan· n a t ion al e lit es dt:>cisive d om in an ce ov er local d it t' s. suc h as pas t ors. preachers an d edit orialis t s . school principals an d other local author­ it y f-igurt's in law and nwdici1w. Tlws e n at ional elites n ow [-,et t lw agenda .. for what is t o he con sidert>d .. in or ·· out :· sign alled t humhs up or t humhs down to d ecidt' what is accept able. Even part' n t s c oultl scarcely withstand the o nslaught. 1 9 F urt her. t hes e n t' w Plites wert' dt'cidedly secular. in d eed v igor­

ously ad vt·rsarial - ant i-J ewish. anti-Christ ian . 2 ° For t lw first t ime in

An wrican history on so grand a sc ale. religious figures bt>gan to lw sys­ .. t em at ically rid iir own preferred principlPs ; tht>y. too. found it lwtter to y idd to alrt-'ady well­ established traditions of p ublic prayer and thanksgiving to G od. Thus . the Constitution did not stifle thP existing. strong. and puhlfr rt>ligious practice o f the land. Independently of thP L . S . C onstitution. C hristian faith requires that individuals he free to rej ec t G od· s profferPd friPnds hip. to turn away from God, and to dPrlare thems t>h- Ps atheists. I t also allows for the possibility that some of thost-' who c all thP msdws atht>ists actually walk in darkness with G od and art> dt-'ar to H im. notahh-. thos e who pursue the truth in total fidelity to their own c onsciencf's . with c ourage and fidelity. O nly God reads the souls of humans . Although Christians have often failed in this duty. their own faith rt-'quires thf'm to respec t the conscit>nces of all. This . too. tht-' C onstitution tries to ins titutional­ ize. Nothing in the U . S . C onstitution nor anything l havf' discoHred in Madison's thought req uires the proposition that one religion is as true as another. or tht-' proposition that freedom of c onsc ience entails indifference to q uestions of truth. :2:{ On the c ontrary. awareness that tht>re is a G od W ho commands an inalit-'nahle rt>sponse in the c on­ s ciern' t-' of each individual is tlw rt-'ason why a sound polity must res p ec t fret>dom of religion. even wlwn s ome who t-'nj oy that lilwrty fail to us e i t to render thanks to God .

No onf' of us possesses the truth. 2 -t �,f' are hound in c onsc ienc e

to he faithful to it, as bes t we c an s ee how to lw. To do this . we mm, t have some room for trial and error. Bes ides . we c an learn from oth­ ers . The dortrine of original s in ( verified in personal ob s ervation) tP ac hes us that there is hound to be s ome s elf-interes t and lack of

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courage i n our own fidelity t o truth , and thus some error i n our truth . Our awareness of our own finitude and dependence on many other per­ sons instructs us that there is bound to be some truth even in those who otherwise offend us or seem to be our enemies. Respecting freedom of conscience is in our own interest , so that we may come to see both our own errors and also the truth in the positions taken b y other s , where w e d o not at first see it . To be tolerant is by no means the same thing as to believe that any p roposition is a s true as any other. I n our continuing desire to press onward toward a greater insight into the truth, all propositions must be assessed in the light of evidence . We need to discard the false , and to press onward toward the true . Sometimes we tolerate what seems to us untrue , in the hope that we will come to see at least some truth in it . Most of the time , we tolerate - that i s , we put up with , show respect for, suffer the burden of, make the extra effort for - the person we think to be in error, not because of the error but because we know them to possess part of the truth , hidden from us. E xperience shows that in this effort we often learn a great deal that we did not expect to learn . Besides , respecting the dignity of others qua others is a good thing in itself . From a J ewish and C h ristian point of view, there is something of God in each of us . Respecting this something, listening for it, is sel­ dom in vain . (Sometimes , though , it can be costly. S ome people are at times a p ain . ) T h e respect o u r Constitution implies w e ought t o show for the diverse consciences of each of us does not violate orthodox Christianity. On the contrary, the imperative for that respect comes from Jewish and Christian teaching . Our Constitution does not reduce tolerance to some fo rm of moral equivalen c e , to disregard for the truth of things , to moral indifferentism , relativis m , or nihilism . Q uite the opposite . On the basis of moral equivalence ( or moral indifferentism, relativism or nihilism ) , why would liberty of conscience be morally better than ser­ vility of conscience? On such groun d s , what value can liberty of conscience possibly have? Precisely beca use conscience is ordered to truth , and only to truth , conscience is s acred . Here are Madison's words : It is the duty of every man to render to the Creator such homage and such only as he believes to be acceptable to him. This duty is precedent, both in

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0 N TW O W I N GS order of time and in degree of obl igation, to the c l a i ms of C i v i l Society. Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governour of the Universe. 25

Truth is not solt'ly a property of propositions hut the name of a person - a divint' Person who made all things , who understands them from inside-out, lovt's them, wills them to he, and so causes them to come into t'xistt'nc e , likt' sparks in the night. Truth is a rt'lation ht'twt>en pt>rsons. No human heing has the right to interfere with the rt>lation hetwt'en a human being and his Maker, or evt'n the right to treat another human being with less than the rt'spect due to a person whose liberty is held in respect even by its Maker. This is the argument that Madison makes in his Remonstrance. all its implications drawn out. This is, I helieve , the assumption behind the moral authority that suffuses our Constitution and the Declaration. 6. You said earlier that Madison's ""Remonstrance" is considered a vital text because ""in finding rational ground for religious liberty, it begins with faith, not reason - the duties of the creature who stands alone in the presence of the C reator. " You say on this ground that Madison's right to religious liberty is grounded in faith, not reason. What is the exact sense of ""faith" that you are using here? If one regards the obligation of a creature to give due worship to his Creator as one of the fundamental pre c epts of the natural law, this would seem to be a matter of reason , not faith. The distinction bt'twet>n faith and rt'ason implied in this qut>stion is the classical ont'. It parallels tht' classical distinction bt>tWt't'n natural philosophy (bast>d on reason) and theology (hast>d on propositions at least one of whose premises is from God's revelation). B ut that st'nse is not tht' st'nse in which I am using the words . Because of the looser usagt> of the founders , and also because of the contemporary inability of philosophy as it is currt>ntly construed to reach as far as God , I am using ""faith" for all propositions about God , even those that in t>arlit>r times would have ht>en reached by prt>-Chris­ tian '"pagan" philosophers who wrote of God. In earlier times, as you suggest , tht>se propositions would havt' been considered the work of reason and proper to philosophy.

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I am using ""reason" or ""common sense" for the practical form of sustained thinking exercised by the founders , the practical reasoning of thoughtful men of affairs , statesmen , well-read in the ancients, in his­ tory, and often enough in the common law. The founders did not find ""reason" in this sense antithetical t o Jewish o r C hristian fait h , b u t complementary. Not the same , b u t companionable , a nd mutually rein­ forcing.

7. Historic ally, C a tholic s have been favo rable to the Ameri c an experiment and even predisposed to it by the C atholic tradition of natural virtue and nature perfe cted by grace. But it is also part of the C atholic tradition that the civic order is under obligation to foster the spiritual interests of the Church . It is the duty of the civil order to promote in the natural order that which is c on­ ducive to the full moral development of its citizens and their peaceful c oexistence in the c ommunity. Given the sinful condi­ tion of mankind, it is incumbent on the civil order to c ooperate with the Churc h for the spiritual m e an s necessary for the full moral development of its c itizens. Thus the Churc h has the right to demand that the civil order cooperate with her and recognize her legitimate authority for the spiritual good of the citizens. In the Ameri c an system , however, neither the Catholic Church nor any other c hurch c an impose obligations on the civil order. Does this not de facto subordinate the authority of the Churc h to the civil order and c re ate a system to which no Catholic c a n ever he fully amenable? S u ch language makes it look as though ""the civic order" is a human person with a con science. Just which human beings speak for ""the civic order"? I would think the civic order is made up of far more than the organs of t h e s t a te . For instanc e , in Poland circa 1 987- 1 989 , Lech Walesa spoke for ""the civic order" for Polonia (as the Poles call i t when they mean that mystical reality that is rather more than any state) . The power of his voice overturned t he then-existing Polish State. Similarly, in the United States , not the President or the Congress or t he S up reme Court or any o ther s t a te body is empowered to estab­ lish a C hurch , or even to identify only one Church '"to turn t o , " so that it might impose on the citizenry t hose moral obligations necessary

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ON TW O WINGS

for the w,· ll-lwin/! of tht· R .. puhlif' . Tht> C atholif' C hurch dot>s n ot rt>quirt> that s ort of rt•f'o/!nition. or t>ven dt's ire it. f'Vt>n thou/!h in tht> past s uf' h a n·lation lwtwet>n ,·h1i rf' h an d statt> was undt> rstood to ht> normal. Tht> l'V ils that ftowt> d from su< 'h a dost> rt>lation are wt>ll-don1mf'nlt'd in history. M ll (' h that is fruitful for C hristian living has bt>Pn learned by hard experience. M untiatinl,!: rt's pons ibilitit>s into countl'rvailinµ: institutions. to min­ imizt' thf' prohahilitif's of < 'orruption in an } 0 1w in s titution by an in appropriate mixturt> of political and t>cdt'siastical JHl½ t>r. Thus . for instancP. political powf'r has lwen difff'rPntiatf'd from .,,. orrnmic power. and hoth havf' hef'n difft'rf'ntiated from cultural. spiritual. an d moral power. Tht' state has limilt'd rolt's: so does tht' churc h. Th.,se rolt>s art' n ot the same. The statt' n t'ed n ot tPll tht' f' hurch what to d o. n or tlw . church tht' statf'. In principle. nt> itht> r on f' is .. s uhordin atf' . to thf' other. E ant on an d limits the other. In contemporar)' I ran and I raq . by contrast. it has haµpened that one institution gains control ovt>r all thrPP fundamental forms of powt>r - political, e con omic, an d moral. Ont> institution - on e 1wrson f'V en dt>cidt>s when to wagt' war and dt>darf' peace. how much oil to µ ump. at what lt>vd prices should ht> s f't. what pun is hment s hould lw mf'tt>d out for adultt> ry, whic h sorts of writing:- s hould ht> cen so rt> d or pro­ scriht'd as st>d itious, f'tc. S uch con ct> n tration of powt'r rais f's high probabilities of abuse. One s hould n ot val arran gemt'nt of pm, t>r!'- with the ideal set forth hy orthodox C hristian faith today. C atholic s ocial teachin g, in particular. has ath an ced steadily through t> acl1 gen era­ tion hy learn in g from world wid t> s ocial expt>rit'H C'f'. It has chan ged much. through learn in g from practic al t>X JW rit> n ct>. while remain in g faithful to certain hasic principles . I t has also come to new insight into tht> meaning of its own first principlt>s. such as in diY idual liberty. F or in stance. there is n o douht that it un derstan ds thf' theology of per­ son al lilwrty in the light of tlw in alien ahlt> in div idual responsib ility for tht> act of faith much morP fully at thf' end of the twentieth century than in earlit>r timt>s , through advances in psychological knowledge, in thf' pht>n omen ology of freedom, an d in the politicaL e con omic . an d social dimn1sion s opt'1wd up hy B f'W institutions. To confirm this, one

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can turn to the testimony of Gaudium et Spes , the Instruction of Vati­ can II on the ""Church in the Modern World," 2 6 and also Pope John Paul II's Centesimus A nnus 2 7 and Tertio Millennio A dveniente , 2 8 among others. Should the radically secular interpretation of the U . S . Constitu­ tion favored by the ACLU and other aggressive secularizing forces take exclusive control over American institutions, however, American Christians might well have to move into nonviolent opposition to the new regime, for it would make loyalty to the Constitution repulsive to them. Indeed, it would make loyalty to the Constitution tantamount to a suicide pact. 29 A fatal flaw in the secularizing impulse, universally ignored by its partisans, is its authoritarian ambition. What Tocqueville wrote about princes describes them perfectly : It is clear that most of our princes are not content simply to govern the nation as a whole. They seem to hold themselves responsible for the behav­ ior and fate of their subjects as individuals, and have undertaken to guide and instruct each of them in all they do, and will, if necessary, make then happy against their will. 3 0

When people in Oklahoma read about people in New York who clamor for rent controls and a cherished long list of left-wing illusions, they shrug and think that New Yorkers are illogical and silly, hut they con­ sider that New York's business, not theirs . By contrast, when Manhattanites read at breakfast that Oklahomans pray publicly at high school football games, some spit out their coffee and pledge to put a stop to that . The Manhattanite retorts: But they want to keep us from having abortions. The reality is actually the reverse . In Roe v. Wade , American elites convinced the Supreme Court to throw out the law under which Americans had consented to live for many generations. Thus, the Court arrogated to itself, without the consent of the people, and on no ascer­ tainable constitutional principle, the power of reversing laws that had governed the land for many generations. Moreover, it did so regard­ ing a fundamental moral and legal principle, which entails decisive implications for the law regarding life not only in its beginning but also at its end. Laws of such sweep and magnitude must be established only through the consent of the people, and not least when they implicate the

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most fundamental of the natural rights. the right to lifo. This right is necess arily anteorists totally ignon�d the religion of the founders ; they made mention of it. But the overriding inteller tual ass umption of the era Jf f e fully deployed in practical contexts and then in succe ssive ly newer contexts. O ut of this long process, fresh genf'ralizations arose and new concepts bec ame necessary. I n this fashion. pr actic al wor k inspire d philo so phical inquiry, j ust as earlier philosophical wor k had inspired new practical experiments. A rich and pluralistic intellectual tradition assimil ated all this forward movement. at some points r egistering the need for inven­ tion , at o ther times suggesting fro m its o wn past e xperie nce the redirection of attention. in order to test for e arlier but forgo tten pat­ terns. ( Intellectual tr aditio ns kee p alive by c hanging o ften, while maintaining historical perspective. ) By being placed in a radically sec­ ular context, at times e ve n explicitly anti- religious . somf' fo rms o f medieval natural rights theory werf' made to Sf'f'm radically new. I n this case, much of the novelty came from the contf' xt. not fro m the concept of a subj ective natural right in itself, whmw linf'age is far older. 40 Tierney's broad historical canvas presf'nts an analog to the argu­ mf'nt I have been working on here. Tit>rney St'es in the actual history of the concept of a subj ective natural right both tllf' impulse of J ewish­ C hristian faith and the impulse of philosophy. The idea of natural rights grew up - perhaps could only have grown up in the first place - in a religious culture that supplemented ration a l a rgumen­ tation about human nature with a faith in which humans were seen as children of a caring God. But the idea was not necessarily dependent on divine revelation, and later it proved capable of surviving into a more secu­ lar epoch. The disinclination of some Enlightenment skeptics to regard God's law as a sufficient ground for moral behavior, and the widespread ten­ dency, after Hume, to doubt whether reflecting on human inclinations could yield moral insights, raised new problems about the justification of rights

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that are still matters of dispute. But the appeal to natural rights became more prominent than ever in the political discourse of the eighteenth century. The doctrine of rights shaped by the experience of previous centuries turned out to be still of value in addressing the problems of a new era. The propo­ nents of the sec u larized rights theories of the Enlightenment had o ften forgotten the remoter origins of the doctrines they embraced; but their rhetoric a bout the rights of man becomes ful ly intelligible only when it is seen as the end product of a long process of historical evolution.41 It has been said t hat a conservative is one who thinks his ances­ tors were at least as i ntelligent as he, and po s s ibly wiser. But a conservative is also one who delights in seeing progress through trial and error, progress through invention and discovery. A co nservative who delights most of all in the progress of the idea of liberty (Friedrich Hayek suggests) is perhaps better described as a "'whig. "42 It is a name that the founders embraced , as when Jefferson wrote to a friend , "'But with respect to our rights . . . there was but one opinion on this side of the Water. All American whigs thought alike on these subject s . "43

10. In your reading over the years, h ave you encountered one story about the founders that you particularly treasure? My favorite story is that of Joseph Warren of Massachusetts , the best known physician in Boston , Massachusetts , in the early 1 770s . He had delivered the Adams babies, and was a favorite of Abigail Adams . For some year s , he was active in the local Sons of Liberty, one of the orga­ nizations of p atriots who resisted the encro achments of arbitra ry power and taxation. J oseph Warren stood with the other amateurs among Minutemen at Lexington , and took a bullet t h rou gh his hair above the ear. Two months lat er, jus t commissioned a Maj o r General i n the Mas sachu­ setts militia , he learned that 1500 patriots had crept up Bunker Hill at night a n d silently erected ea rthen walls . S hoc ked at daylight to dis­ cover thi s , batt alions of Redcoats were assembling fo r an afternoon attack . Some of them put all of Charlestown to the torch, and tongues of flame from five hundred houses , businesses , and churches leapt into the sky. B reathless , Abigail Adams watched from a distant hillside and heard the cannons of the warships bombarding Bunker Hill fo r five long hours . As they did s o , Joseph Warren rode to Boston and took a position in the ranks on Bunker Hill.

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0 N TW O WINGS The Anwri t hat day - an d

t he accur ac y of hun t smen ti rinµ; in con , ·en t rat t>d burst s. Twiet> t ht >y

hrokc t ht> forward march of :1soo H ritish t ro ops wit h fin· so wit ht>rinµ; t lwy hlt>w away as many as 70 to 90 JWIT t·nt of t ht· fort>most ,·omp anit's of R t'dc oat s, who lost mort' t han a t housand dt' ad t hat day. T l wn t ht' ammunition of t he Americ ans ran out. W hil1· t ht> hulk of t lw M assal'husd t s milit ia rt't r t' at t'd. t ht' last un it s st ayt' d in t hf'ir t rf'rn·lws t o hold off t l w British in hand-to-hand r omhat . That is wlwn· M aj or Gf'rwral J ost'ph Warrf'n was last St't'll fight in g. as a cl osf'-range bullet fellf'd him. Thf' British ofticPrs had him dt>,·ap it atf'd and bore his head to General G age. Fret'dom is always t he most prt>carious rt-' gimt'. E vt'n a singlP gt>nf'rat ion c an t hrow it all away. E very gent>ration must dt"r idt' . J oseph Warren had told the men of Mass achusetts: Our country is in danger now, but not to he despaired of. On you depend the fortunes of America . You are to decide the important questiom upon which rest the happiness and the l i berty of m i llions not yet horn . Act \\'Orthy of yourselves. 44

EPILOGUE 151)

EPILO GUE

H o w D i d t h e Vi r g i n i a n s G r o u n d R eligi o u s Right s ? Walter Berns' Thesis A colleague of mine at the American Enterprise Institute , Walter Berns, has written that the philosophy of John Locke was decisive in the American founding . According to Berns , Locke's disguised hut unmistakable aim was, first , to break with the traditional Christian understanding of nature and , second , to drive religion out of politics decisively by confining it in the priva te sphere. 1 Professor Berns invokes Jean-Jacques Rousseau to set the horizon and framework of this interpretation, and thus makes the E uropean Enlightenment a hermeneutical key to the American founding. 2 Further, he neglects the testimony of John Adams, Benj amin Rush, Alexander Hamilton , John Dickinson and others of the founders whose views on the source of natural rights are far more religious than those of Locke (narrowly interpreted). Finally, Berns largely ignores the practice of the founding generation, which accommodated a far more public role for the free exercise of religion than the American Civil Liberties Union now tolerates . 3 Nonetheless , the Berns thesis does throw some doubt upon the generous and affectionate view of the American founding propounded by the genial Catholic philosopher Jacques M a ritain , one of the thinkers who prepared the way for the Universal Declaration of Rights. If Berns is right, Maritain cannot he . And vice versa .

127

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Jacques Maritain's Thesis In a !-W ries of three books , Ma ritain st't forth his a rgument t h a t mod­ ern dt>mo Anwrican typt> cannot be undt>rstood apart from th•· inspiration of t he �o spds of J e sus C hris t , whieh works in secular history as yeast in doul,!;h . I n Man and the State, Maritain introduced

his thesis i n these terms :

Far beyond the influences received either from Locke or the XVIIIth Century Enlightenment, the Constitution of this country is deep-rooted in the age-old heritage of Christian thought and civil ization . . . . Peerless is the significance, for political philosophy, of the establishment of the American Constitution at the end of the XVIIIth Century. This Constitution can be described as an outstanding lay Christian document tinged with the phil osophy of the day. The spirit and inspiration of this great political Christian document is basi­ cally repugnant to the idea of making human society stand aloof from God and from any religious faith. Thanksgiving and public prayer, the invocation of the name of God at the occasion of any major official gathering, are, in the practical behavior of the nation, a token of this very same spirit and inspiration.4 Later, in Reflections on America , Maritain quoted at lengt h these words by Peter Drucker: The unique relationship between religion, the state, and society is perhaps the most fundamental - certainly it is the most distinctive - feature of Amer­ ican religious as well as American political life. It is not only central to a ny un'derstanding of American institution s. It also constitutes the sharpest dif­ ference between American and E uropean institutions, concepts, and traditions. This country has developed the most thoroughgoing, if not the only truly secular state. . . . The United States is, however, also the only coun­ try of the West in which society is conceived as being basically a religious society. By its very nature the sphere of the state has to he an autonomous sphere, a sphere entirely of the " natural reason . " But also, by definition, a free society is only possible if based solidly on the religious individual. . .. This leads to the basic American concept: the state must neither support nor favor any one religious denomination . . . . But at the same time the state must al ways sponsor, protect, and favor religious life in gene r a l . The U nited States is indeed a " secular" state as far as any one denomination is con­ cerned. But it i s at the same time a " religious" commonwealth as concerns the general belief i n the necessity of a truly re ligious basis of citizenship. 5 Maritain's own comments on this passage are as follows :

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This description of the American situation is clear and plain enough. I shall only add, with respect to my own personal experience, that the first time I heard the President of the United States ( it was Franklin Roosevelt) speaking on the radio, address a prayer to God - I realized all of a sudden that the expression " separation between Church and State" does not have, to be sure, the same meaning in French and in American. 6 A little later, he added : The Founding Fathers were neither meta physicians nor theologians, but their philosophy of life, and their political philosophy, their notion of natural law and of human rights, were permeated with concepts worked out by Christian reason and backed up by an unshakeable religious feeling. 7 Meanwhile, in the first chapter of his little book Christianity and Democracy, Maritain traced out in considerab l e detail a long series of pres uppositions and as s umptions (sev en i n all) , whic h over the c en­ turies the secular c onsc ience has abs orb ed from J udaism and C hris tianity. "The secular conscience has understood," he repeated, that progress does not lead to the recovery of paradise by Revolution tomor­ row; it tends to the carrying over of the structures of conscience and the structures of human life to better states, and this all through history up to the advent of the kingdom of God . . . . . . . Under the often misunderstood but active inspiration o f the Gospel, the secular conscience has u nderstood the dignity of the human person and has u nderstood that the person, while being a part of the State, yet transcends the State. . . . . . . Under the inspiration o f the Gospel a t work i n history, the secular conscience has understood the dignity of the people and of the common man. Faithful people, God's little people, kingly people, called to share i n the work of Christ; people in the sense of the community o f the citizens of a country, united under j ust laws; people in the sense of the community of manual labor and of the stock and resource of humanity in those who toil close to nature - the notion of the people which the secular conscience has gradually formed stems from the meeting and mingling of all these ele­ ments, and it is from the heritage of Christendom that this notion proceeds . . . . By virtue of the hidden work of evangelical inspiration, the secular con­ science has understood that the authority of rulers, by the very fact that it emanates from the author of human nature, is addressed to free men who do not belong to a master and is exercised by virtue of the consent of the governed . . . The secular conscience has understood that the political realm and the flesh and blood paraphernalia of the things that are Caesar's must nev­ ertheless be subject to God and to j ustice. . . . What has been gained for the

1 30

0 N TW O W I NGS secu lar conscience, i f it doe� not veer to harharism, i-, the condemnation of the politics of domination.. . and the conviction that the cause of the wel­ fare and freedom of the people and the cause of political j ustice a re substantially linked . . . . Under the often misunderstood or disfigured but active inspiration of the ( ;o�pel, the secular conscu'nce has c1u 1d t hP q twstion of religious liberty was vt'ry diffPrPnt fro m t hP path ('hosen b y M a s s a,·husetts and other st att's , 1 2 hut t lw Viq...,rinia way has he('onw the standard by which Amt>r­ ican liberals today nwasurP thP rt>lations of ,·hun·h and statf' - and f'Vt'n of religion and soci t>ty . .. C h u n-h"' and ··state·· rpfp r to institution s . of c o ti r s P , wht>rt>as ""rt>ligion" and ·'so('if' t y' " n·fer mort' b ro a d l y to t h e h a b i t s and practict's of individuals. somt'timt's acting singly. somet imes acting along with others . Citizt>ns often work togt'tht>r through dive rse associations and civic rPlationships . in various contt>xts and actiYitiP s . in o r d er to achit've tht>ir social ends a n d p u rposps indPpPndt> n t l y of the state. The sphert' of .. society:· thPrt>fo rf' . is much larger than that of the "state . " 1 3 M a s s a c h u s e t t s a n d others among t h e fou n d i n g t h irtt'en s t a t e s . w h ile p rotecting t hP fu ll religiou s liberty o f citizens undt>r t ht>ir new constitutions after I nde1wnden c e . maint ained an estahlisht'd church . and entrusted important moral and educational tasks t o church com­ munities w ith state s upport . direct or indire('t . Yi rgini a . t o o . agreed that the p rotection of morals and education in republican habits "" as indispensable to t he s u r v i v a l a n d wt'll-bPin g o f re p u b l i c a n govern­ ment .

14

H owt'ver, a b u ses of religi o u s freedom led t h rt't' l e a ( l i n g

Virginians to draw an exct>t>dingly b right yt>llo¼ lint' between t h t> state and not only t h e ch u rc h h u t even rPli�!;i o n mort' ge1wrally. T h i s l i ne was dt>fined by fo ur m ajo r documt'n t s : Geoq?;t' Mason ·s V i rgin ia Der­ lara tion of R igh ts of 1 7 7 6 . T h o m a s J e ffe r s o n · s Vi rgi n ia Rill fo r Establishing Religious Libert)' in 1 7 7 9 . J anws M adison ·s .llem oria l an d Rernonstrance again s t Religious Assessm e n ts in l 78S . and again his A c t for Establishing Religious Freedom o f 1785. 1 5 Th rt>e ft>a t u re s o f this dt>cadt' -long s t rugglt' dest>rvt' not e . First . Virginia trod this path almost alone among t lw founding states . 1 6 Sec­ ond . the puritanical passion of J effPrson and M adison on thi s point was hittt>rly resistt'd h y many in Yirgi n i a . as wt>ll as in t lw other statt>s. and in p ractict' proved nearly i mp o s s i h l P t o o b s e r v e t o t h e l e t t e r. The dependence of tlw RPpuhlic upon t he concepts and h abits inculcated by J ewish and C hrist ian religions proved to he too conspicuous t o ignore . A s p rt>sident s , fo r t' x a mp le , b o t h J efferson a n d M ad i s o n expended many pfforts to s how t lwir pt>rsonal support fo r religi o us worship � by

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many official acts , they nurtured religious activities . 1 7 The actual pra ctice of the early R epublic exhibited m a ny and v a rious friendly accommodations between the state and religious citizens that s harply distinguished the American way from the rigorous hostility M aritain had known in France . While the American Republic had no established church, the American state took a positive and benign attitude toward the fu ll , free and quite visibly public exercise of religion , not least at maj or state functions and national celebrations. Moreover, the religion shown in such public exercises was not just "religion in general, " but quite distinctively Protestant Christianity, albeit , typically, in a fairly nondenominational form . And this public choice was not a matter of mere reflex without argument on its behalf. Public figures and public documents widely asserted that this particular stream of religion was of decisive importance in the history of liberty and indispensable to its survival. B ut the third feature of these founding documents is even more striking and profound. For it is quite stunning that the four documents in question depend for their intelligibility and their credibility upon a distinctively Jewish and Christian view of man's relation to God. The hinge of the argument in each document is a fact of Jewish and Christ­ ian faith : that each individual conscience stands in the presence of its Creator. Further, in virtue of having been created from nothing, each individual owes a primordial duty to her or his Creator. This duty is of so intimate a nature that no other person can perform it in that indi­ vidual's stea d . It is an inalienable duty, which can be taken up by no other. This p articular religious view is held by only two religions. It is not found in Buddhism nor in Hinduism; not in animism nor in pan­ theis m ; not in the religions of the ancient Greeks or R omans ; nor in the religions of the Incas or the Mayan s ; and not even in that one other religion which also rec ognizes a C reator separate from the created world, Islam . These other world religions are satisfied by outward obeisance . Do your duty, and no one inquires into what your secret thoughts may be . Since only outward ritual acts were demanded, not even the great Greek or Roman philosophers worried over the ass ent of conscience to the worship of the gods . By contrast, Jews and Christians trembled if asked to make outward obeisance to idol s , for they recognized in that

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act a tf'rrihlf' s in of idolatry, forhid den hy thf' Secon d C omman dment. O n ly J ud aism a n d C hris tian ity a mong a ll world rt>ligions devel­ oped, and s till nourish a n d c t>lehratt' , thf' three c en tral ideas necessary to tht' American c on ct>p tion o f rights . O n ly they hold to thf' d oc trin e that there is a Creator ( a n d G ov t'rnor of the univer s e) ; tha t each indi­ vidual owes a personal accounting to this C rf' ato r at the time of J udgment, a J udgmt'n t that is prior to a ll claims of civil s ociety or s ta te; and , third , that this inalienable rela tion between each individual and his Creator occurs in the depths of conscience a nd reason, an d is n ot rea ched merely by external h ows , ben ded knt>e, p ilgrimages or other ritual observances. To s umma r ize: J ews a n d C hris tia n s c on c eive of the C r ea tor a s Spirit a n d Truth. The a r en a i n whic h huma n s mee t the C r ea tor is , therefor e, the in wa rd con sc ien c e . Thf' entire Americ an theory of the found ation of n a tura l rights hinges on this c on ception . Let us c onsider a few central passages in some detail. The p aragraph of the Virginia Decla ra tion of R ights ( 17 7 6 ) deal­ ing with religion , p a ragraph 16 , makes explic it its d ep end en c e on a distinctively C hristian understanding of religion: That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed by only reason and conviction, not by force or violence; and therefore, a l l men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to p ractice Christian forbearance, love, and c harity towards each other. Thomas Jefferson ' s Bill fo r Esta blis h ing Religious Freedom , sub­ mitted in 1 7 79 h ut n ot pas sed by thf' legislature until 1 785 . a ls o picks

up an explicitly Christian motif: Well aware that . . . Almighty God hath created the mind free, and manifested his Supreme will that free it shall remnH' als o lies he hind Madis on's eloq ue nt R e m o n ­ strance, hut Madis on adds a det> per and mor e p r ofound point, v iz. . that the relation of the intelligent c reature and his C reator is not only inalienable in tht' sense that no one elst' may stand in for another. hut also in the sense that this is a relation prior to all other relations . even those of civil s ociety. R eligious liberty. then. is not a natural right that comes into existence along with civil s oeiety. I t is prior to civil society. I t is r ooted in nature itself. in the primordial r elation of i nte llige nt creature to Creator. I n an astonishing tour de force. the y oung :\1adison goes bey ond Loc ke and even deep er than Mas on and J efferson. H i!". argument begins where Article 1 6 of the Virginia Decla ra tion of Righ ts l eft off, and so he quotes directly from that text: Because we hold it for a fundamental and undeniable truth, " that Religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence. " [ Virginia Declaration o f R ights, Art. 1 6 ] The Religion the11 of euery m,m must be left to the conl'iction and conscience of euery m,m: and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right. It is unalienable, because the opinio11s of men. depe11d­ ing only on the evidence contemplated by their own minds cannot follow the dictates of o ther men: It is unaliena ble also, because zl'hat is here a right towards men, is a duty towards the Creator. It is the duty of every man to render to the Creator such homage and such only as he believes to be accept· able to him. This duty is precedent, both in order of time and in degree o f obligation, to the claims of Ciuil Society. Before a ny ma11 can be considered as a member of Civil Society, he must be considered a subject of the Gov­ ernour of the Universe. 2 1 I t is important to paus e her e and takt' in Madison's point. T he rela­ tion of an individual to his Creator is precedent to his entering into civil s ociety ; it ar ises from nature itself. Yet this view of nature is in fact derivative from an expr es sl y C hr is tian unde rstanding of the world expr essed in philosophic al r ather than in exclusively the ol ogic al or

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scriptural terms . 2 2 According to Madison, an individual by nature is

"a subj ect of the Governour of the Universe . " On that fact , deep and inviolable , his natural right is grounded as on a rock . In paragraph 4 , Madison next establishes the fundamental equal­ ity of all individuals , considered as subjects of the Governour of the Universe . I f "all men are b y nature equally free and independent," [ Virginia Declara­ tion of Rights, Art. 1 ] all men are to be considered as entering into Society on equal conditions; as relinquishing no more, and therefore retaining no less, one than another, of their natural rights. Above all, are they to be con­ sidered as retaining an "equal title to the free exercise of Religion according to the dictates of Conscience." [Ibid.] Whilst we assert for ourselves a free­

dom to embrace, to profess and to observe the Religion which we believe to be of divine origin, we cannot deny an equal freedom to those whose minds have not yet yielded to the evidence which has convinced us. If this freedom be abused, it is an offence against God, not against man: To God,

therefore, not to man, must an account of it be rendered. [emphasis added]

In the next eleven p a ragraphs of the Remons trance , M adison gives several expressly Christian arguments for the natural right of reli­ gious liberty . He c alls Governor Henry 's bill, again st which he is remonstrating, "a contradiction of the Chris tian religion itself, for every page of it disavows a dependence on the powers of this world" [ emphasis added] . Indeed the C hristian church survived centuries of direct opposition by the mighty Roman Empire . "Nay, it is a c ontra­ diction in terms , fo r a Religion not invented by human policy, must have p re-exis ted a nd been supp o rted, befo re it was established by human policy. " 2 3 Note well Madison's description of C hristianity : "a Religion not invented by human policy. " In paragraph 1 2 , Madison declares that "the policy of the Bill is adverse to the diffusion of the light of Christianity. The first wish of those who enjoy this precious gift ought to he that it may be imparted to the whole race of mankind . " But attempts to enforce Christian con­ s cience have the reverse effect, dispelling seekers after truth in aversion and fear. In p a ragrap h 1 5 , Madison begins his ringing conclusion : Because finally, "the equal right of every citizen to the free exercise of reli­ gion according to the dictates of conscience " is held by the same tenure with all our other rights. If we recur to its origin, it is equally the gift of

138 0 N TW O W I N GS nature; if we weigh its importance, it cannot be less dear to us; if we con­ !>ult the " Declaration of those rights which pertain to the good people o f Virginia, as the hasi� a nd foundation of Government, " it i� enumerated with equal solemnity, or rather studied emphasis. Madison 's Rerrwn8 tra n ce d t•nounrnor HPnry's as,wssmPnts as a danµ:t>row, usurpatio n of a powt>r whi" h , a,·,·ording to nat ura l riµ:h t . thP govpn10r dot's not pos"wss . and s with a p rayer to Almiµ:hty God : earnestly prllying, ,75 u •e are in duty bound, thc1t the Supreme LaU'giz,er ol the Uniuerse, hy illuminating thow to his faith · s flourishing. He does n o t a rgue a s a n a t lw i s t . matPrialist o r apostatt" fro m C h ris­ tianity. Quite the contrary. Can followers of any other faith except thP J ewish and the Chris­ tian make Madison \.; argument? It is obvious that no '\1 uslim argunwnt is yet availahlt> ( although some day one might l w ) . arguing o n b l a mic grounds the natu ral right of all persons . of whatever n·ligious lwlit>fs . I f t here exists a B u d d h i s t or H i n d u ar gunw n t t o t h i s t>fft>ct . lf't it h e adduced . Madison 's t n m s art> s1wcifically Christian and dt>ri, ed from Christian t raditions . O nl y J udaism a n d C h ristianity havt' a doct ri1w of G()(l as Sp irit and Trut h , Who r t o i rn ite tho st> crt> a t u re!­ endowt>d with intt·lligt>nct' and conscit>nct> to t>ntt>r into frit'tHh,hip with Him . Only tht' ]t'wish and Christian God madt> human }wings frt't" . h alts t ht> powt'r of C at'sar at t he houndarit>s of tlw human soul . and has com­ missionPd human lwings to lrnild civilization!- worthy of t lw lilwrt y Ht' has hestowt"d on tlw m . So high is th is God \ valuation of human libt'rty of conscit'nct' t h a t , t'Vt'n t ho ugh H t' has l a u n c lwd a divi1wly c o mmi s ­ sioned rt'ligion in h istory ( in t w o nants . . f t'wish and C h ristian ) . ht' would not havt' t>itht'r of tht'st' rt>ligions i m p o st'd on anyont> by fo rce . ("'Tht' God who gave us lift> gavt' us lilwrty at tht> sanw time ;· J efferson wrote . ) 24 S o dt>vofrd Wt'rt' thP Anwrica n founders to this undt'rstanding

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of religious liberty that, as Thomas Jefferson wrote in his Autobiogra­ phy ( 1 82 l), in the Virginia Bill for Establishing Religious Freedom they modestly held back from mentioning the exact name of the "'holy author of our religion. " Here is how he tells the story: Where the preamble declares, that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed, by inserting the word "Jesus Christ," so that it should read, "a departure from the plan of Jesus Christ, the holy author of our religion " ; the insertion was rejected by a great majority, in proof that they meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and the Mahometan, the Hindoo, and Infidel of every denomination. 25

Madison gives powerful Christian reasons for such forbearance. Alone among the religions of the world, Judaism and Christianity place so high a valuation upon religious liberty, because of their own doctrine that the relation God seeks with humans is friendship.

Summation The explicitly Christian language of Madison, and the background of God-human relations on which it plainly draws, strongly suggest that as between Maritain and Berns, it is Maritain who is correct. While Madi­ son's use of the Christian tradition employs a restricted, even chaste use of theological language - the name Jesus Christ is never mentioned, only "divine Author of our religion" - there can be no doubt that his worldview is no other than Christian. It is certainly not Kantian nor Hobbesian, not Greek nor Roman , not Voltairean . It is certainly not a full-blooded Thomist vision. On the other hand, it embraces too many theological elements to be merely secular, philosophical, or unbeliev­ ing. It is neither rationalist nor relativist, and it is more than merely theist or, as the conventional jargon of historians puts it, ""deist. " In itself, while it does not affirm everything that orthodox Christian faith affirms, Madison's vision is sufficiently impregnated with Christian faith to be not only unconvincing, but unintelligible without it. S ome may assert that Madison's formulations may appear to be superficially Christian, while in reality standing as typical Enlighten­ ment philosophizing. But one has only to compare them with texts from Rousseau, Voltaire and other secularist figures of the time to see how much Christian sentiment and metaphysics they embody in their

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simplt•, t' lt' µ;ant statt·mt'nt of a m an's duties in spirit and truth to his C rt'ator. Althouµ;h to my knowlt'dµ; t'. lw did not ('onsidt>r tht'se classic Viq..,ri nia tt'xts in dt'tail. ne itht>r ('itinµ; nor q uoting from tht>m. nont'tht'­ lt'ss M .uitain"s j udµ; nwnt al10ut tlw A nwriptions of a Crt>ator \\ · ho asks to llt' worshipt>d in spirit and truth. and a C hristian t 'OIH' t'ption of tht' imwr forum of inalit>nahle consrit>nrt'. G t>orgt' ,t ason · s l frgini(l DPcla ro tion of R ig h t s ,

J t>ffrrs on·s Bill fo r Esta blis h ing Relig iou s

Freedom , and

M adison's Remonstrcm ce would lost' all cogt>ncy and St'lbt'. Tlwst' doc­ unwnts owe tlwir derivation to a ) t'wish and C hristian worlth it'w. and

do not spring naturally from any other.

Some Precisions S ome scholars insist that J ohn Locke lit>s hehind all tht' Anwri r an rt'f­ t'rt·nc t' s to natural right. and that Lockt> s intt'ntion with his 0

formulation was to suhonl inatt' rt>ligion to tlw statt' onct' and for all. Thrt't' pub­ lican self-government? 145

1 46

0 N TW O W I N GS l lt"n· is a tt"s t . How mu,·h do you know a bo u t t" a('h of t ht" fo llowin g '!

Si�nPr� of Both tht> DPdaration and the Constitution

George Clymer

Robert Morris

Roger Sherman

Benjamin Franklin

George Read

James Wilson

Signers of the D ecl aration of Independence John Adams

William Hooper

John Penn

Samuel A dams

Stephen Hopkins

Caeser Rodney

Josiah Bartlett

Francis Hopkinson

George Ross

Carter Braxton

Samuel Huntington

Benjamin R ush

Charles Carroll

Thomas Jefferson

Edward R utledge

Samuel Chase

Richard Henry Lee

James Smith

Abraham Clark

Francis Lightfoot Lee

Richard Stockton

William Ellery

Francis Lewis

Thomas Stone

William Floyd

Philip Livingston

George Taylor

Elbridge Gerry

Thomas Lynch, Jr.

Jfatthew Thornton

Button Gwinnett

Thomas M. McKean

George Walton

Lyman Hall

Arthur Middleton

William Whipple

John Hancock

Lewis Morris

William Williams

Benjamin Harrison

John Morton

John Witherspoon

John Hart

Thomas Nelson, Jr.

Oliver Wolcott

Joseph Hewes

William Paca

George Wythe

Thomas Heyward, Jr.

Robert Treat Paine

Signers of the Constitution Abraham Baldwin

Thomas FitzSimons

James McHenry

Richard Bassett

Nicholas Gilman

Thomas Mifflin

Gunning Bedford, Jr.

Nathaniel Gorham

Gouverneur Morris

John Blair

A lexander Ham ilton

William Paterson

William Blount

Jared Ingersoll

Charles Pinckney

David Brearley

Daniel St. Thomas

Charles Cotesworth

Jacob Broom Pierce Butler

Jenifer

Pinckney

William Samuel Johnson

John R utledge

Daniel Carroll

Rufus King

Richard Dobbs

Jonathan Dayton

John Langdon

Spaight

John Dickinson

William Livingston

George Washington

William Few

James Madison, Jr.

Hugh Williamson

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1. A Secular Hurrah! To celebrate J ames Madison's 250th birthday, the Library of Congress hosted a symposium attended by the country 's most distinguished Madi­ son scholars ; the probing of Madison's religious views played a sign ificant role . Afterward , one noted scholar told me that since he was himself a secular man , "The more secular Madison's position turns out, the more I cheer. " For him, I suppose , ""secular" means good, progres­ sive , forward-looking. So, yes , the fitting response is hurrah. '"Religion" may be linked to intolerant, divisive, backward , dying, passe . That sug­ gests at least a quiet boo. In this vein , the concentration of historians and political theorists on the least religious of the fo unders makes perfect sense . Why highlight what is least relevant to the future? The three fi gu res of the founding era most studied nowadays are the figures regarded as the least religious : Jefferson, Madison , and Franklin . That there is such a concentration is not in dispute ; it characterizes some Straussians on the right as well as mainline academics on the left. By contrast, Madison's two companions in writing The Federal­ ist , John Jay and Alexander Hamilton, are relatively little studied. Even though John Adams was the man most admired of the age as the Father of Independence , the preeminent parliamentarian , and the leading jurist of constitutional law and history, he has today been almost for­ gotten . About John Dickinson, George Mason , Benj amin Rush, James Wilson, S am Adams , John Witherspoon and other first-class minds we have been taught very little. For most of these important leaders , wor­ thy biographies are not available , and their w ritings go relatively unstudied.

2. Sherman, Williams, Williamson, R. T. Paine, Paca, Morris Virtually all the signers of the Declaration and Constitution were c hurchgoing men . S everal were ministers or chaplains , others had trained to become ministers , and still others were conspicuously learned in religion . Of the 56 signers of the Declaration , 34 were Anglican, 13 Congregationalist ( once known as Puritans ) , 6 Presbyterian , and one each B ap tis t , C a tholic and Quaker. 1 The proportions regarding the Constitution were nearly the s ame.2

1 48

ON TW O WINGS A man who had roonwd with Alexander Hamilto n wrote o f hav ­

ing admir t>d tlw lattt>r's hahit of dropping to his knet>s to pray before rt>tiring, and tlw s erious nt>ss of his relildous reading and his rt> plies to

ohj t>ctions to his faith. :1 T he son o f J onathan Edwards, also a distin­

guiHht>d clt>rgyman, wrote of Roger S herman of Connt> could with reputation to himHelf and i mprovemen t to otlwrH en mul'h improved hy his obs ervatiom on the principal sub­ j ects of doctrinal and practical divinity. "4 William W illiams of Co nnectic ut entered Hanar d at s ixtt> en and after graduatio n devoted himself to the study of theology for s ew r al y ears . Hugh Williamso n o f N orth C aro lina studied medicine at Edin­ b urgh, London, and Utr echt before bel'oming a licenced Presbyterian preacher, b ut was never ordained. R ob er t Treat Paine served as a chap­ lain to the troops of Mas s achusetts Bay. "-illiam Par a of :\l aryland. having become Governor after the War. addressed the Maryland Assem­ h ly with these words: ·"The s ufferings of the ministt'rs of the go s pd o f all denominations , during the war. have been vt>ry considerablt>� and tht> perseverance and firmness of tho s e who discharged their sacred func­ tions

under

many

dis co uraging

circums tances .

claim

o ur

acknowledgm ents and thanks :•s As happened in many s tate s . the legis­ lature made financ ial provis io n for the s upport of the s ev t> r al denominations in Maryland. The legislators of Maryland. like the gov­ ernor, were "thoro ughly convinced of tht> powt>rful influenl' e of religion·· upon ""the happiness and welfare of o ur people. " 6 Thro ughout the new statt's . tlw opinion was univt>rsal - save o nly

in the l'ase of Madison7

-

that religion added to the resotirl'es available

to reason powerful new motives for learning good moral habits . and for this impo rtant rt> ason, among others . rt>ligio n had indispens ab le civic utility. This utility did not detract from the transcendent good of reli­ gion in and of itself. hut it did offt>r practical reasons why governments should not be careless in its assistance. Thus , Go uverneur Morris of Pennsy lvania, who spoke more fre­ quently ( 1 73 times) than anyone else at the Co nstitutional Co nvention, especially on the subj ect of the untrustworthiness of human reason and morals , voiced the most common s entiment of all the founders when he

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wrote in his ""Notes on the Form of a Constitution for France:" ""Religion is the only solid basis of good morals; therefore education should teach the precepts of religion, and the duties of man toward God. . . . But each one has a right to entire liberty as to religious opinions , for religion is the relation between God and man; therefore, it is not within the reach of human authority. " 8 Morris's two almost universally shared principles , that religious liberty is equally a natural right of every man (given the sacrednes s of the creature's duties to his Creator) and that neither human nature alone nor reason alone is a dependable support for moral life in a republic , are the distinctive marks of the American mind in the founding period. The first principle went beyond Locke in its grounding for natural rights , and the second marked a distinct chasm between American realism and the ""idle theories" of human perfectability then sweeping Europe. 9

3. Alexander Hamilton With a realism equal to that of Morris , Alexander Hamilton once wrote in a letter, ""Nothing is more fallacious than to expect to produce any valuable or permanent results in political projects by relying merely on the reason of men. Men are rather reasoning than reasonable animals , for the most part governed by _ the impulse of passion." 1 0 He had writ­ ten in the same vein in Federalist No. 15: There was a time when we were told that breaches, by the States, of the regulations of the federal authority were not to be expected; that a sense of common i nterest would preside over the conduct of the respective mem­ bers, and would beget a full compliance with all the constitutional requisitions of the Union. This language, at the present day, would appear as wild as a great part of what we now hear from the same quarter will be thought, when we shall have received further lessons from that best oracle of wisdom, experience. It at all times betrayed an ignorance of the true springs by which human conduct is actuated, and belied the original inducements to the esta blishment of civil power. Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint. Has it been found that bodies of men act with more rectitude or greater disinterestedness than individuals? The con­ trary of this has been inferred by all accurate observers of the conduct of mankind; and the inference is founded upon obvious reasons. Regard to rep­ utation has a less active influence, when the infamy of a bad action is to be divided among a number than when it is to fall singly upon one. A spirit of

150

0 N TW O W I N G S faction, which is apt to m ingle it� poison in the deliherations o f a l l bodies of men, will often hurry the per�ons of whom they are composed i nto impro­ prieties and excesses, for which they would blush in a private capacity. 1 1 O n t ht> oth«·r sidt> o f m a n 's naturf'. howt>vt'r. H amilton saw bril-

liant light : ""Tht> sacrt>d righ ts of mankind are not to lw rummagt>d for among old p a r('hrm·n t s or m u s t y n·y a rt' writ tt>n . as with a sunht>am, in the wholt> vol umf' of human natun· . hy th1· hand of Divinity itst>lf, and ran rwvt>r lw t>rast>d or obscured b y mortal powt> r:· 1 2 I t is not to he fo rgottt'n that H a milt o n . who had st'nt>d with Wa shin gton as an artillt>ry rommandf'r sinct' t he tt>mlt>r agt> of nint>tf't'n . also draftf'd Prn,­ ident Washington's classir and j ustly famous --Fart'\H'll Address :' with its eloquent recognitiom hoth of t h e nohlt' and ignohlt' sidf's of human nature. I rt'call heing stunnt'd when I first rt'ad of Alexandt'r Hamilt o n · s tendt'r rt'quests that tht> Holy Eucharist migh t lw brough t to him on his death hed . I had heard much of his h a rd ht'adf'd1wss : I had not heard of his piety. At a n early agf' . H am i l t o n lay dying from tht> fps t e r i n g wound sufft'rt'd in h i s ont>-sided d u t> l w i t h Aaron B urr. 1 : { Bishop :\loo re a t first rt>fust'd his rt>qut>st for t ht' sac ramt>nt . lest tht> solt>mnity of tht> Eucharist ht> diminished hy t ht' scandal of dueling. On tht' st>rond day. moved by H am i l t o n ' s humhlt> plt>ading and tender pit>ty. t h t> his ho p b rought t ht> E ucharist . much to H a milt o n ·s joy. 1 4 :\ot hing in thf' s t an­ dard portraits of H amilton had p rt'part>d mt' for t his sct'n t' . I had not earlier t'ncountt'rt> d , t>itht>r. tht' tnHlt>rnt'ss of tl w rt'li�!;ious ronvictions expressed in t his last of his letters : This letter, my dear Eliza, will not be delivered to vou, unless I shal l first have terminated my earthly career, to hegin, as I hum bh- hope, from redeemi ng grace and divine mercy, a happy immortal ity. I f it had been possihle for me to have avoided the interview, my love for you and my precious children wou l d have heen a lone a decisive motive . Rut it was not possi ble, \Vithout sacrifices which would have rendered me unw orthy of \·our esteem. I need not tel l you of the pangs I fel l from the idea o f q uitting you, and exposing you to the anguish I know you would feel . Nor cou ld I dwell on the topic, lest it should unman me. The consoL1tions of re ligion, my beloved, can alone support you; and these you have a right to enjoy. Fly to the bosom of your God, and he comforted. With my last idea I shal l chensh the sweet hope of meeting you in a better world . Adieu, best of wives - best of women. Embr�ce all my darling children for me. 1 5

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4. Princeton's John Witherspoon Still another figure loomed larger i n m y imagination, once I began read­ ing widely about the religious views of the forgotten founders. In 1 768, after much pleading by separate delegations of distinguished Americans, the Reverend John Witherspoon, a Presbyterian professor of religion in Glasgow, at last agreed to come to America to accept the presidency of the newly founded College of New Jersey at Princeton . 1 6 The Presbyterians were a dissenting church, opposed to the Anglican Estab­ lishment, but there were already some five-hundred Presbyterian congregations around the country. The young Witherspoon was a first­ class scholar, a learned and eloquent preacher , and a teacher compelling enough to induce James Madison to stay on for an extra year to plumb the deep connection between civil and religious liberty and to study Hebrew (the better to read the Bible). The lesson Witherspoon wanted graduates of Princeton to grasp was that all other rights spring from one source: the dignity of the free decisions each individual must make in the presence of the Creator. These decisions can be made by no one else but that individual, and in that precise sense are inalienable; made in God's presence, they are sacred. Because they are linked to all other decisions, they are also full of implications for civil society. With­ erspoon's grasp of both biblical history and church history was so firm that he could illustrate this connection, age after age, in context after context until the young Madison could grasp the historical power of the proposition, as well as the philosophical. It was a matter of principle to Witherspoon not to speak of politics in his sermons. He had few beliefs deeper than that church should not mix in state matters, nor state in church, lest the two liberties - civil and religious - do harm to one another. His greatest jealousy was on the side of divinity; he wished to preserve the purity and integrity of the gospel. W hen the devout Christian meets his duties to civil society, he should do so with honor, integrity and jealousy for the purity of reli­ gion. On his arrival in America, Witherspoon scoffed at idle talk about independence and rebellion . He cherished the British traditions of rights and liberties. Gradually, however, particularly after the misbe­ gotten interventions of the king in Massachusetts in 1 7 74, Witherspoon

1 52

0 N TWO WINGS

( 'anw t o j udµ; P t hat t l w kinµ; was t oo far from Anwril'a t o grasp its real­ it y fairly. and l,y wronµ; and dPst ructi vP misj udgment s was undt>n-utt i ng hi s lt>µ; i t i ma1·y as a j us t rulPr. l 1w xorahly. �/i t hPrspoon was drawn toward the cause of Independence. � ith mu( 'h t n·pidat i on hut firm resoh P. l w was finally movt>d t o prPal'h puhlid y on t hP s uhj Pl' t i n '1 ay of 1 7 76. ir dPserts . H e cited instarn•ps from t ht' hist ory of t he first l srat>l ( i t was common t o think of America as the second). As we havt' nott>d in 1 ·haptt>r t wo ahO\ P. t hert' has rarel) lwen a morP i n fluenti al profpssor i n Anwrican hi s t ory. Bes i des l wi n g t ht' t eacher of one PresidPnt ( M adison. B. A. 1 7 7 l) and one \il'P-PresidPnt (Burr. B. A. 1 7 7 2 ) , Wit ht>rspoon was a dPlPgat e t o t l w C ont in ental C on­ grPss. a signt>r of t ht' D eclarati on of l nclt>pt>rnlence. a member of t hrPe s t an di ng commit t ees durin g t hP R Pvoluti onary War and of more t han one-hundred-and-t went y C ongrpssi onal commit t t' Ps .

17

HP was oft en

chosen by his colleagues t o he t he draftsman of import ant congrpssi on al decrt>es. Aft er t ht' war. \Vi t herspoon later hecanw an act i\ t' l'hampion of N ew Jersey's ratification of the federal C on stitution . Witl wrspoon ·s lt>arninl,!:, his authori t y. and his lwarin� brought t l w C ongress weighti1wss . s ohrit'ty . wisdom. and couragt>. He was a t o\\ t'r of s trt>ngt h t o his youngt>r collea/,!:tlt's. I n paintings and stai1wd-glass \\ in­ dows of t he t>arly foun dt>rs. his i s a di stinct ivt' prt>st' nC P. �o univt> rsi t y pn'sidt>nt since. not t'Vt'n Wils on at Prin ceton or Eist>nhowt'r at C olum­ bia. has played so great a role in shaping t his n at i on ·s charact t'r.

5. Livingston, King, and Henry S onw of t l w si gners WPre t roubled i n t hei r Anglicanism hPcaus e of i t s persp1•ut i on of dissidPnts such as t l w B apt is t s of \irl,!:inia. or l wcamw of i t s t i t' s t o E ngland in a t i me of I ndependence. or hecause of i t s est ah­ lishnwnt or i ts t oo Catholic lit urgy. On t he ot her side. t he stri ctt'r forms of C alvinism 1- reat ers. in some c ast's hel '� us e of t oo severe a cast i gat i on of t he powers of reas on . i n otl wr rnst>s lwcause of t oo i n flexiblt> an the attri butes of the Deity, or a future state o f reward-, and puni '>hment'>, that I had rather see the opinions of Confucius or Mahomed inculcated upon our youth, than see them grow up wholly devoid of a system of religious principles. But the religion I mean to recommend in this place 1s that of the New Testament. It is fore ign to my purpme'> to hint at the arguments whICh establish the truth of the Christian revelation. My only business is to declare, that all its doctrines and precepts are calculated to promote the happi nes'> of society and the safety and well being of civil govern ment. A Christian cannot fail of being a republican. The history of the crec1tist from lahor in t he house of God winds u p the machint' of both soul ancl b ody better than anything

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else, and thereby invigorates it for the labors and duties of the ensuing week. "2 9 Of all t he founders , however, the o n e w h o thought most deeply about the l aw, particularly the connection between the legis lation passed by human assemblies and the law which the Creator intended for human communities - the law of nature , that is , the law for humans in nature , which is different from the law for other animals - was James Wilson of Pennsylvania . Wilson wrote well and at length about the law, pa rticularly in its deeper dimensions in philosophy a nd religious thought. Like Blackstone, Wilson s aw the Ten Commandments as the Ur-text from which the common law proceed s , and recognized that Anglo-S axon law shares the same assumptions about human liberty, individuality, and community as those set forth in the Holy Scriptures. He actually entered the seminary until his studies there were inter­ rupted by his father's death , after which he turned to the law. Born a Presbyterian in Scotland , Wilson became an Anglican near the end of the War of Independence, as a kind of middle way between the strict emphasis on Scripture he had known as a boy and the emphasis on rea­ son favored by the deists . The writings of Aquinas and Hooker on the sources of the law were especially dear to him. 30 The paintings in the Sistine C hapel systematically j uxtapose four eras of legal history : the Greek and Roman lawgivers , the Law of the Torah , the New Law of Christ and the era of the Renaissance with which the paintings were contemporaneous . I n accord with this tradition, like the rest of the founders , Wilson spontaneously understood the concept

law as an analogous concept , with slightly different but related mean­ ings in each of these cultural contexts . When the American people pay respect to the one word law, they do so with associations learned in all of these other c ontexts. These associations impose a heavy burden on human legislator s , who in the writing of j ust and impartial l aws labor to reconcile various competing moral demand s . Just because a particu­ lar decree becomes by due process duly a ccepted legis lation , it does not follow that it lives up to all the associations expected of law in its many rich and various contexts of reflection. Where a particular decree fal l s s hort , l egisl ators must expect criticism and resistance. For instance, the arguments for American Independence rested on findings that the dec rees of King Geo rge fell s hort of the due respect for law. Americans were thus quite critical about existing laws - some met their

I 58

0 N TW O W I NGS

t'X a cting tt>sts , a n d ,;omt· didn · 1 . T he di,-tatH'f' lwtW t't'n lefis la t io n a n d /a u · is a t l1 ·as t a ,; µ; n · a t a ,; tha t lwtw t>t'n in tt>n dt> d a im a n d impt> rfr ct result. Un til rt'('t· n tly, Wils on ·,- w ork has lwt>n w rstudit>d. Ewn in produt'in µ; his 1 ww s tu dy of Wilson·s thought. M ark David Hall was ohligt>d to n olt' how ft>w t'a rlit•r studiPs hf' found to fall hack upon . :{ 1 M on·ovt >r, somt' of tlw t·arly mod t'rn . nwdit>val and classical writPrs on whom Wilson drt>w a rt> not as wPll kn own to c on tt'mporary scholar:-; as tht>y w t'rt' to tlw foundt>rs. To grasp tlw full nwa n ing of Wils on 's a llu­ :-;ions and n in AnH·rica ha d as muc h rf'as on to he gra teful for tht' Declaration and tht> C on,-titution a,; thf' Ca tholic,- of ,1aryland. led hy C ha rlPs C a rroll of C a rrollton a n d hi,- cous ins Dan if' l a n d J ohn of R ock Crt>ek. :{ :2 After tht> G lorious R Pvolution of Briti,-h Protp:-;ta n ts in 1688 , tlw M a rylan dn·s who had foundf'd '1aryla n d a:- a C atholic colony with rt>ligious lilwrty for a ll found the la :-; t of tht>ir own rights :-; trippt> d awa y from tht>m. T hf'y Wt'rt' forhiddt>n to hold public offiducatt' their childrt>n in tlw C atholic faith. a n d wor,-hip in puhlic. For gent>rations . tht>rt>fort' . tlw C arrolls had to �wrn l tht>ir s ons to Fran ce for a C a tholic educa tion. All tht>st' humilia ting a n d rt's trid with thP nt'w rt>ginw that t'ntt'rt>d aftt'r tlw Dt> claration. T hrough hi,- writing in tht' 1 wwspapPrs . a,; Wt'll a,; through his grt>at famil� wt>alth ( pt>rhaps tht• grt>a lt'st in Anwrica) and his con n t'ctions through marria gt' with tlw C artprs and tlw LPt',- of \iq�inia . C harlt>s Carroll was a friend to Gt>orge \X'a,- hington a n d during tlw "·ar his a rdt> n t n dPr a n d importan t fina n cial ,; upportt'r of hi,- troops. " ht>n " a shington · s mt'n Wt'rt' low in moralt> at \allt• y Forgt'. C ha rles wa s tht' stron gt' s t voict' a t tlw Boa rd of War for kt't>ping " a s hin gton on . all ( l turn ing a sidt' the t·ffort to rt'pla! 't' him with G t>nt>ra l Horatio G ait' s . At an otlwr crucial momt'nt, Was hington s t>n t C ha rl e,- a n d J ohn C a rroll on a dPlegation ( with Bt>nj a min F ra n klin a n d S a mut'l C hast' ) to F rt' n ch C a tholic Canada . !-d. hut tlw fa nw of Fra n klin a n d tlw rapport of the C arrolls with

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their Catholic confreres helped to establish the warm relations that led to assistance from the French fleet in later years. Charles was a signer of the Declaration - the only one identified thereon by his property's name, "'Charles Carroll of Carrollton" - and Daniel was a signer of the Constitution, along with another Catholic, Thomas FitzSimons of Pennsylvania. The top priority that Charles Car­ roll voiced in his conversations with Washington about the form of government that the colonies ought to form was '"no religious test" for public office. He had been mightily irked that even with his talents and energy he had long been barred from public service, as had many other Catholics. Charles lived until 1832, the last of the signers of the Decla­ ration to die, and full of honors at the ripe age of 95 . It was Daniel, at the constitutional convention, who formulated the presumption that the powers not formally delegated to the federal government were reserved to the people, and who helped put in words the limitation of the powers of the federal government. He was elected to the First Congress of the United States and to the Senate of Maryland, and President Washington appointed him one of the three governors of the new Federal City, later named Washington, D . C. Daniel's brother John became a Jesuit, was ordained a priest in Europe, and was then elected by the relatively few priests in the territory of the United States the first American-born bishop, and given the See of Baltimore (which in those days embraced a very large territory, including what is now the District of Columbia) . In 1 789, he founded the first college of Georgetown University. When the Vatican, according to the protocols required in Europe, asked the consent of the new American government to the imminent designation of John Carroll as Archbishop of Balti­ more, U . S. officials were at first flummoxed. Finally, though, when they returned the request to the Vatican, they stated that there was no office in the United States empowered to consider such an issue, since on this side of the ocean the free exercise of religion prevails. The Vatican was pleasantly shocked, and took note. 33 Catholics seldom receive credit for the regime of religious liberty they established in Maryland at its founding in 1634, nor notice for the abrogation of their rights under Protestant arms in 1649 and 1689, after the imposition of the new repression in Britain. Nonetheless, by 1 776, the Carrolls had already achieved a certain fame for their strong con­ victions about religious liberty and the rights of conscience, both in

1 60

ON TWO WINGS

private act ions and in public worship . and also for tlwir strong ,·onvic­ tions ahout tlw ,·onsPnt of tlw govt'rnPd as tht" solt' lt'gitimatP sour ct-> dt->nt. experience b y

A P P END I X

161

experience, from the recesses in which it had been written in nature. For Mason, the true shape of law is an ideal form, an ought, which dwells inside the seed , shoots forth inside the tender shoot , expands in the first young plant , and blooms in the maturing and carefully pruned and nurtured bush , which the skilled gardener slowly brings to its high­ est form of perfection. But of course no metaphor taken from other departments of nature ever quite expresses the frill complexity of human nature. For each human being has been endowed by its Creator with an inalienable capacity for reflecting and choosing. Each human being has an internal self-determining principle. This unique capacity of human nature evokes awe, wonder, and respect. It is not too much to speak of its interior space for action as sacred. Ought, says his biographer, is Mason's key word , which runs through his draft of the Virginia Declaration of Rights. Governments o ught to respect the unique capacities, responsibilities, dignities and rights of individuals. Individuals are the ends . Thus, Mason's declara­ tion opens with a strong statement: All men are by nature free and have certain basic rights that cannot be tampered with, including "'the enjoy­ ment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety" (emphasis added). 36 Protecting these is the true end of government. The spirit and even the phrasing of Algernon S idney and John Locke seep through many lines of Mason's declaration. But it is also true that he goes beyond them, as when Mason goes beyond Locke's stress on the mere ownership of property to mention a distinctively American experience: the experience (and the right) of acquiring property, espe­ cially on the part of those not well-born. In this Mason even anticipates, by some months, Adam Smith's identification of that natural law in the human breast by which humans yearn to "'better their condition. " This capacity had been overlooked for centuries even by very great philoso­ phers of nature . In the land of opportunity, the unfolding of this capacity was a powerful reality. But it is no doubt in its emphasis on the first of all rights, the right to liberty of conscience, the right which a man experiences in the pres­ ence of the Almighty, that Mason's declaration achieves its deepest originality. The American experience begins in a profound respect for the space not occupied by an established church , in the inviolable and inalienable arena of the decision-making of the individual soul before

162

0 N T W O WINGS

God. As sul'h, this t'XJ lt"rit'nttt'r to tht' Ht>hn·w congrt'gation of Nt>wport: not just to tolerate, hut to respect the conscienl't'S of othe rs . :i 7 As God resi,ects evt'ry indi­ vidual conscience, so must we. In much of its phrasing. Mason's dt'claration anticipates the Dec­ laration of lndept'rnlence and tht' Constitution. This fa ct ht>lps to Vt'rify Jt'ffe rson's confess ion that his own Declaration was not ori ginal hut stated the common spnst' of tht' mattt'r as it was wi,lt'ly undt'rstood in all the colonit's. :rn Mason's hiographt'r points out how much of Mason's language grt'w out of the earlier English lwritagt' and a newt'r Anwri­ can vexation with ahuses of power. ··Colonial householdt>rs had St't'n their doors forced opt'n hy Crown agents who arrested and ransacked without legal authority. High-handed army officers had contt>mptuously flouted civil authority. Somt' of tht'st' grit'vanees Virginians had pt>rson­ ally experit>nced, '' wh ile otht'rs they knew from tht' p rt>ss and from letters that arrived from friends in sistt'r colonies . :{ orgt' .\lason receivt's all too littlt' credit for his originality. forcefulness. and intel­ lectual leadership . His idt>as are far too littlt' studit'd . t'Spt>cially in our current understanding of constitutional principles.

9. Thomas Paine Yet it was not only Catholics or dt>vout Anglicans who saw tht' sourct' of rights of conscit>nct' in God � this was trut' also of thost' few. lik t' Tom Paine, who rt'jt'ctt'd tlw Bihlt' and the common doctrines of Christian­ ity and was thert>fort' often callt'd an atht>ist . hut who lwlievt'd dt>voutly in God and t'ven in some form or other of ett'rnal punishnlt'nt or rt'ward. So strongly did Paint' llt'lievt' this that he rushed to Franet' aftt'r 1 789 . where , appallt>d hy the rivers of hlood flowing from tht' guillotint' . and at the cost of lwing sent to pri son himself. he campai gned v i gorously against atheism. Paine could not st'e how one could deny tllt' t'xistt'nct' of God without taking away tht' foundation of human rights . In tlw liher­ tinism with which the atheistic Jacohins violated the most basic rights of tens of thousands of the ir victims . lw saw proof of tlw connt'ction between atheism and the disappearance of rights. ""In my puhlications on rt'ligious suhjects:• Paine wrott' some yt'ars after tht' prison tt'rm in Franct' during which he complt'ted The Age of

APPENDIX

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Reason, "my endeavors have been directed to bring man to a right use

of the reason that God has given him; to impress on him the great prin­ ciples of divine morality, j ustice, and mercy, and a benevolent disposition to all men, and to all creatures; and to inspire in him a spirit of trust, confidence and consolation in his Creator, unshackled by the fables of books pretending to be the word of God. "40 From this passage, one can see, in retrospect, how much of J udaism and Christianity lingers in Paine's Theophilanth ropy, as he called his new credo, his ""Love of God and man." The Age of R eason was denounced by orthodox Protestant preachers in America because of its renunciation of the Bible, but Catholics, although dismayed by its simplistic attack on biblical literalism, found in it a familiar, if flawed, attempt at ""natural theology," that is, that part of knowledge of God which can be discovered through reason alone ( a branch of philosophy dear to many Jesuits of that era) . Deist societies throughout America distributed Paine's manifesto broadly and with enthusiasm. ""I believe in one God, and no more," Paine wrote smartly at the beginning of The A ge of Reason, ""and I hope for happiness beyond this life. I believe in the equality of man; and I believe that religious duties consist in doing justice, loving mercy, and endeavoring to make our fel­ low-creatures happy." Then, lest one begin to think that Paine is really still a Protestant Christian, as these words about justice and mercy and fellow-feeling suggest, he immediately clarifies: ""I do not believe in the creed professed by the J ewish Church, by the Roman Church, by the Greek Church, by the Turkish Church, by the Protestant Church, nor by any church that I know of. My own mind is my own church. "4 1 Some years later, Paine described his philosophy this way : ""The study of natural philosophy is a divine study, because it is the study of the works of God in the creation . If we consider theology upon this ground, what an extensive field of improvement in things both divine and human opens itself before us!" He goes on: ""All the principles of sci­ ence are of divine origin. It was not man that invented the principles on which astronomy, and every branch of mathematics, are founded and studied." 42 By 1 797, Paine's battle against biblical Christians was known worldwide, but his new battle, as he told the Paris Society of Theophilanthropists, was against atheism: Religion has two principal enemies, fanaticism and infidelity, or that which is called atheism. The first requires to be combated by reason and morality,

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O N T W O WINGS the other by natural philosophy . . . . The existence of a God is the first dogma of the Theophilanthropists . . . . The uni verse is the b i ble of a true Theophil­ anthropist . . . . It is there that he reads of God . I r is there that the proofs of his existence are to be sought and found. 4 3 In 1 807, Paine puhlisht>d another pamphlet. in which he inf'luded

a short passage entitled My Private Though ts o n a Future S tate, which began as follows: I have said, in the first part of The Age of Reason, that " I hope for happiness after this life . " This hope is comfortable to me, and I presume not to go beyond the comfortable idea of hope, with respect to a future state. I con­ sider myse l f in the hands of my Creator, a n d that He wi l l d i spose of me after this life consistently with His j ustice and goodness . I leave all these mat­ ters to Him, as my Creator and friend, and I hold it to be a presumption in man to make an article of faith as to what the Creator will do with us here­ after. 44 Paine hardly seems to he aware of how much of his ne½ c redo he owes, not to reason , Lut to the words of J esus Christ . :'.\either the Greeks nor R omans of the anf'ient world knew of .. the C reator:· nor o f a d i v ine j u stice and merf'y, nor of eternal life . nor that God called them to be His friends. Far more than he recognized . Paine relied s t ill on a C hristian metaphysics , a Christian view of the cosmos and human destiny. In real life, he certainly preferred to turn with robust hope toward assisting his fellow citizens to build up a more civ ilized city of reason . liberty, and right s . He k nt>w from pai nful experit>nce that t he f'ity h e aspired to would lw a modest city. n o doubt fault) . even i f t rue to its ow n hest intuition s . In this visio n , Paine partiripatt>d willy-nilly in a J e½ish and Christian hope in tlw friendlint>ss of the C reator and Governor of all things , Who gave hu mans reason . and placed them in a time of suf­ fering and trial . His own many afflictions Paine endured bravely . and died in poVt'rty and without any monument to his name . i n 1 809 . No one can deny Paine's eommitment to liberty and righ t s . and his consistency in throwing his own saft>ty against ahww:- of rights . whether by reYolu­ t i onaries o r k ings . N ot long b efore his deat h , he had fondl y quoted Pope : '"He can' t lw wrong whmw life is in tht' righ t . "-is Paint> signed neither the Declaration nor the Constitut io n . Yet no one can deny him an important role among tho:-e who inspired the birth of this new republi c . Thro ugh his eagerly read books , he awakened many to their right s . If nearly all of the other top one hundred fou nders

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more expressly employed biblical words and phrases in doing so, Paine spoke most eloquently of the lift provided by the other wing of the eagle, the lift provided by reason or, as he preferred , common sense. His is an important, if minority, voice in the American story.

10. John Adams Like James Wilson, John Adams undertook a number of studies in the history of law and the history of constitutions, which offer us a glimpse into the depth of knowledge available to the founding generation. One can only stand in some awe of Adams' readings in classical, early Anglo­ Saxon, continental, feudal and canon law, sections of which are now available in two recent collections. 46 No single man is more responsi­ ble for the Fourth of July, and the independence for which it stands , than John Adams. Jefferson supplied the words of the Declaration, but Adams begat the deed. Benjamin Rush said the consensus of the gener­ ation of 1776 was that Adams possessed more "learning probably, both ancient and modern, than any man who subscribed to the Declaration of lndependence."47 lndule worthy of his Puritan fore­ bears ( his father ha d l wen a modt> s tly s u1Tt>ssfu l fa rnwr south of Boston ), the younµ: Adams rous ed hims t·lf at 6 a . m. to heµ:in a Ion µ: da y of studyin µ: Latin . Greek. and dassic kxts of st·vt>ral stratt>µ:i,· sorts . Shy and without s 1wrft>r t choice to stqwrvise tht' King's affairs in Vl assadrnst>tts. Financial st>cu­ rity and honor wen� his simply for rt'ma inin µ: loyal to tht' kinµ:. Yet m(fft' than p a rtis a n s hip . Adams lovt>d j ustice. At t>n ormous risk to his reputation among the µ: rowinµ: han d of p a rtisans of indt>Jlf'n­ d enre, he had decided in early 1 7 70 to undt>rta kt> the lt>gal dt>femw of the young Briti8h sol diers who had PXll to the plottin� J t>fferson i n hi s reelection bid. He did n ot forgive J t> fft>rson 's slanders agai nst hi s patriotism for many years. Nonf' theless, Adams had a l aq.!;t>nf'ss of mi nd that pr rmi tte d thP two to ren ew their friendship in l ater years. "arrying on an extraordi­ n ary correspondence. T}wir deaths onturit>s was to bring i ts gratt>­ ful people so deep a respt>ct for l aw an d religion . an d so ordt>rly and prosperous a libt>rty. An outpouring of lovt> an d honor for both of them swept across the l an d in J uly of 1826. 49 It remai n s odd that n t> arly all the i mportan t wri ti ngs of Adams havf', until rt>cently. bet>n i n acct>ssihlt> an d art> almost totally unkn own to the general readt>r. 50 Odd, hecaust> from his y outh. Adams had l oved historical rt>search ( it was to run in tht> Adams famil� for anotht>r hun­ dred y e ars), and had madt> himst>lf master of Anglo-S axon l aw. canon law, the l aws of tht> Germanic trilws. classical Grt>t>k and Latin authors . an d of courst> tht> l aws of Gr eat Britai n . M an Y t>stt>eme d him tlw most learned man in Anwrica in thosP conceptual an d empir ical questi on s that l i e behin d l aw and statecraft. Despitt> tht> fa c t that so many historians and philosoplwrs of gov­ ernment live an d wor k in Boston . most genC' r al histori Ps pay scant atten tion to tl w most im portant of all Boston i an s . Adams . Perhaps the reason is that Jefferson , particul arly. more easily � uits the prt>dilection of aca demics for a secular touch, whereas Adam s i� far more religious in his convictions - not an orthodox C hristian . hut utterly convinct:>d of the importanct> of religion to the American form of government: .. O ur con­ stitution was madt> on ly for a moral an d religi ous people . I t is whol l y i nadequate for t he government of any other. " 5 1 For i n stance, i n tht> dehate over the M ass achusetts C on stituti on of 1 780 , Adams argued against much opposition for an articlt> mandat­ ing religi ous schools i n eve ry j urisdi ction of the C ommon we alth, pai d

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for by the state treasury if necessary. Against the argument that such payments infringed on religious liberty, Adams argued that the article compelled no one's belief . Further, since experience shows that republics need virtue, and that virtue needs religion , such schools are an indispensable foundation of the free society, and all who benefit by the good habits they produce in the citizenry ought by right to pay for them. On this question , Adams is far more typical of the founding gen­ eration (and many state constitutions) than Jefferson and Madison, whose views of a few years later were at a far extreme on the spectrum of opinion. From his youth through his old age , Adams was unusually thoughtful about religion. An inveterate annotator of his own hooks . Adams late in life came down hard on Condorcet for atheistical boast­ ings . When Cond orcet exclaimed that the "natural equality of mankind" is the foundation of all morality, Adams tartly retorted in the margin : "There is no such thing without a supposition of God . There is no right and wrong in the universe without the supposition of a moral government and an intellectual and moral governor. " 5 2 When Con­ dorcet asserted that genius had been suppres sed by religious superstition , Adams retorted : ""But was there no genius among the Hebrews? None among the Christians , nor Mahometans? I understand you, Condorcet. It is atheistic genius alone that you would honor or tolerate. " 53 When Condorcet praised the ancient Greeks , Adams wrote in the margin : ""As much as I love , esteem , and admire the Greeks , I believe the Hebrews have done more to enlighten and civilize the world . Moses did more than all their legislators and philosophers . " 54 Without the existence of an all-knowing moral Governor of the universe, the Divine Judge and Arbiter, Adams argued , there can he no right or wrong, only subjective opinion , whim, and desire. Turning from God is a recipe for a moral chaos in which no appeal to reason is efficacious , a world in which brute power decides right and wrong. The Hebrew recognition of one God - Creator, Governor and Judge - brings moral light into this darkness , teaches humans to respect each other as rational inquirers and free men , and , by insisting on fidelity to truth, frees humans striving for liberty from the shackles of brute power. For Adam s , it is the pursuit of truth that gives men liberty. And this rela­ tion of freedom to truth we owe to Moses :

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0 N T W O WI N GS I will insist that the He brews have done more to civil ize men than any other nation. I f I were an atheist, and believed in blind eternal fate, I should stil l believe that fate had ordained the Jews t o b e the most essential instrument for civilizing the nations. I f I were an atheist o f the other sect, who believe or pretend to believe that all is ordered by chance, I should believe that chance had ordered the Jews to preserve and propagate to all mankind the doc­ trine o f a supreme, intell igent, wise, almighty, sovereign of the universe, which I bel ieve to be a great essential principle of all morality, and conse­ quently of all civilization. 5 5 As a young man . Adams often rt'flt'cted on tht' .. infin itt' v arit>ty

of bod ies" within the arc of his own vision . in a two-milt' radius . and tht'n tried to con templatt' how man y s uc h s mall arcs tht'rt' are on this hugt' planet - and tht'n on otht'r planets and other stars . Tht' immt'n­ sity of creation s an k into his consciousnt'ss . and awe at the order and intelligence suffusing the whole. and maintain ing it in t'xistenct'. crept over him. His convic tion of Goel" s t'Xistenct' he d rt' w primarily from the extraordinary variety and b eauty of the obst'rvahlt' world - ··the amaz­ .. ing harmony of our solar systt'm . . . tht' stti pt>n d ous plan of 0 1wration designed hy God to act a particular rolt' .. in this great and c omplicatt'd drama. " 56 I n tlw s anw vein . his con templation of human progrt>ss through history - lt'vt'ling mountains . d iggin g out c hann els for canals . d iverting rivers . clearing l an d s and cultiv atin g n ew growth of seed s . mastt'ring the arts of n avigation and sailing - made him marvel at God 's providential knowledge of this entire pan orama. Ad ams also reflt'cted on the n ew and amazin g human ability to d etect bodies in tht' heaven s through tht> telesc ope. otherwist' as inv isib le to the n aked t'Yt' as those " in n umerahle millions of animals that escapt' tht' ob st'rvation of our n akt'd sight." until we look at tlw m through tlw microscopt' . Yet G od had known of all tht' se pos s ib ilities from the beginn in g. outsidt' time. in all eternity. 57 S uch rt>flections led Adams b eyond the thinking of J efft'rson . J t>f­ ferson \ conct'pt of reason was too n arrow to allow for the possib ility of miracles . Adams had a more robust view of reason . as Page S mith n ar­ rates , quoting directly from Adams : " What now can preserve this p rodigious variety of species and this inflexi­ ble uniformity among the individuals," he asked, " but the conti nua l and vigilant providence of God ? '' Such a God could " easily suspend those l aws whenever His Providence sees sufficient reason for such suspension. This can be no objection, then to the miracles of Jesus Christ. " Ancient p h il oso-

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phers, wise as they might have been, h a d been unable t o overcome "prej u­ dice, custom, passion, and bigotry. " But God through Christ awakened men to the truth. 5 8

The necessity of answering to his Judge on the Last Day pushed

Adams to demand constant moral reform of his own character - a fear of God that went hand-in-hand with his own ambition to prepare himself for greatness . Smith records quotations from the young man's diaries : "Oh! " he wrote, "that I could wear out of my mind every mean and base affection; conquer my natural pride and self conceit, expect no more defer­ ence from my fellows than I deserve, acquire that meekness and humility which are the sure mark and characters of a great and generous soul, and subdue every unworthy passion . . . . How happy should I then be in favor and good will o f all honest men and the sure prospect of a happy immortal­ ity. " 5 9

In another entry, Adams asked himself: ""What i s the proper busi­ ness of life?" His answer was that such pursuits as ""honor, wealth, or learning" would lead inevitably to disillusionment. He proposed for himself more solid and lasting aims : Contemplation of God, " habits of love and compassion . . . h abits of temper­ ance, recollection, and self-government" were the things that would afford "real and substantial pleasure" and give "the prospect of everlasting felic­ ity. "60

In a similar vein, Adams came to appreciate the value of a large institutional presence of religion throughout society, both in itself and as a necessary support for republican experiments : One great advantage of the Christian Religion is that it brings the great Prin­ ciple of Law of Nature and Nations, Love your Neighbor as yourself, and do to others as you would that others should do to you, - to the Knowledge, Belief and Veneration of the whole People. Children, Servants, Women and Men are all Professors in the science of public as well as private Morality. No other I nstitutions of Education, no kind of political D iscipline, could dif­ fuse this kind of necessary Information, so universally among all Ranks and Descriptions of Citizens. The Duties and Rights of The Man and the Cit­ izen are thus taught from early Infancy to every Creature. 6 1

These convictions fortified Adams' commitment to the centrality of liberty in human affairs - liberty constituted by the sound habits of self­ government , rooted in honesty. They also fortified his respect for institutions , through which brotherly correction inspires the perfecting

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of pt>rsonal chara ('lt-'r. and truth is mor·p d i li µ:1.. ntly pu rs1wd . S t u d y lt>d him to lwli P v t' that m i s t a k1·s in th,· dt>si µ: 11 of i n sti t u tions a rt' t·omm o n . a n d that gl'tting tlw d1·sig11 o f institutions r·i µ: ht i s a n art and s('iprn·t· i n itself. In tlw suhtlt'ty of his 11 11dt> rstanding of 1 · 11stom , h a b i t s . and i n sti­ t utio n s , A d a m s i s fa r mon· like Hu rkc t h a n likt> Lo,·kt> . E x a m i n i n g eu stoms and }fft'n t s , A d a m s . m . laid out the lt>gal a rgunwnts that und P 1·:rird1·d tht' long t ra i n of indil'tnwnts aga inst t he ahust>s of king and Parli anwnt i n the Dt>('laration of l ndept>ll(len('f' . H i s a rguments s h owt·d u n a m b i µ: uously that tht> origi n a l legal fou nda­ tions for tht' sevt>ral c-oloni P s rt>slt'd on 1wrsonal �ranb hy t h P monan-h . not on acts of Parliament . ·wlwn Parlianwnt later \\Tf'slt'd morf' JHJWf'r from the monarc h , it stra yt>d hf'yspitf' tht' fact t hat no nwm bt>r o f Parli anwnt rt>p rt>s t' n ted the votes of anyone i n the colonit's . '.\ o t only ahust's hy t h f' m o n a rc h . therefore, Lut also t hose b y a usurpinl! Parl iament wert' legal grounds for dissolving ties . Against t h t' Govt> r n o r o f M a s s a c h u s t>tts w h o asst>rted t h a t t h e struggle for i ndt'JWll(lt>ncf' could only lw lost . Adams rq,lit>d t h a t e, t'n i f that s truggle t>nded in dt'at h . t hat would lw a gai n . not a loss . sinct' death is h t>t ter t h a n slav ery. l ntil e n < · o u n tt' ri n g s u c h p a s s a p:t>s from Ada m s . m a n y 1woplt> today w ill not t·t>ally h a v t' felt how k t>t'nl) t h e Americans h a d ('ome t o lovt' their nativt> f n.. t'dom a n d h o w kt't>nlv t ilt') were jealous of every jot and tittle of it. So fa r-reac h i ng was Adams· t>a rl) t hought t h at llt' dt>vt'lopt>d a n a rticulatt'd political a rc h it f'ctltrt' to guidefowu/prs ( t o .\ d a m s . a hrt>ath­ tak ing co n(·t>pt at that t inlt' ) a n d l a wgi i·ers . t h rnu gh t lw t h ic k t'ts o f history. human natun' . a n d politit-al scit'nCt' . .-\ dams t o o k litt'rally t ilt' idea th a t t ht' Anlt' ri(' a ll syslt' m is an t'X p t'rimt'nt . to lw t t' s t t'd as a n y otht> r exiwriment a n d anwn ded i n t h t> light o f fa i l u rt>s . Howt> v e r. lw showt·d how well-/!roun dt>d in past t>Xpt> t·it>nn· the main lines of t he nt'¼ t'XJ lt'rinlt'nt alrt>ady were. H e explai1wd in an origi n a l w a y t lw fu nda­ .. mentals of rt>puhlican govt>rnnwnt . tlw .. art of gt>t ting tlw a rc h itect u re right. A da m s wa s a hold a n d ori µ:i n a l t h i n kt·r. a fatt> ill-fo r t u ned in dem0s , sinct' t h t' favoritt' weapon of maj oritit's is open mockery of minoritit' s . For ins ta nce , Adams fea rt'd that tlw off-ices of a dd to accomplish this with as littlt' an admixtu rt' of orthodox C hristian doc­ trin t' as tht'y cou ld typically foun d tht>msPlvPs wrt'stling over and over wit h what tht' y did h eliPvt'. A fpw W t't·ks l wforp he dit>d. F r an klin explained his faith ( onct' again ) to thP PrPsidn1t of Yalt'. Ezra S til es: Here is my creed . I believe in one God, Creator of the Universe. That He governs it hy H i s providence. That He ought to he worshipped. That the most acceptable service we render him is doing good to His other children . That the soul of man i s immortal , and will be treated with justice in another life respecting its conduct in this. These I take to be the principal princi ples of sound religion, and I regard them as you do in whatever sect I meet \•.:ith them. As to Jesus of Nazareth, my opinion of whom you particu larly desire, I think the system of morals and his rel igion, as he left them to us, the best the world ever saw or is likely to see; but I apprehend it has received vari­ ous corrupt changes, and I have, with most of the present dissenters in England, some dou bts as to his divi nity; though it is a q uestion I do not dog­ matize upon, having never studied it, and think i t needless to busy myself with it now, when I expect soon an opportunity of knowing the truth with less trouble. I see no harm, however, in its being bel ieved, if that belief has the good conse q uence, as proba b l y i t has, of m a k i ng his doctr ines more respected and better observed; especially as I do not perceive that the S upreme [ Being] takes it ami ss, by distinguishing the u n b e l i evers in H i s government o f the world with any peculiar marks o f His displeasure. 62 Frankli n was, of cotir s t' , an estimahlt' man. e, t'n a great man . b ut his creed is marked hy a Ct'rt ain insouciance. C lt>arly. he was a freerider on Hebrew and C hristian beliefs. and l w c ertainly did n ot takt' t ime to think through tlw diff ert' n ct' it might makt' to tht' tt'x tlirt' of history i f J esus C hrist is God. a question ahout whic h he did n ot b us y hims elf. Yt>t he W t'nt on assuming t hat much of C hris tianity rt'mai1w d trut'. t>ither way. One rt'nwmhers that on a day of grt>at crisis at tht' Constitutional Convt' n tion , wht>n tht' t wo sidt's almost walked out on Pac h otlwr. it was Franklin - t ht' snppost>d DPist - who movt'd that tht' C om t'nt ion stop for a day of pr ay pr t o Divi1w Pro vidt>nct'. for guidanct' t hrough the

impasse . 63

A hahit of t'as y tolt'rance towards vit>w:- difft>rt'nt from on e·s o wn may impt>t-ct>ptihly dt>gt'nt' ratt' int o intt>llt>c tual indifft>rt'nce. C areless­ nt' s s in h P l ief ft'eds moral dt' c lint'. T hu s, the momentum of mo r al entropy is hastt'nt'd h y the cycl ical dt'di1w from moral seriousn ess into insoucianct', from which only 1wriodic Awakenings havt' h een known to offer a cure.

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That it has historically been the habit of republics to sink into moral decay - that, too - was a constant theme of the founders . Even Ben Franklin himself, as the Convention ended, wondered whether the new republic faced a rising or a setting sun.

12. The Price They Paid When the signers of the Declaration put down on the table their surety for their words, they pledged ""Our Lives, our Fortunes and our Sacred Honor. " They knew their daring words could cost them dearly. This is the price they paid: Soldier sons taken captive:

Prisoners of war:

Abraham Clark (F, 4 7) John Hart (E, 356) John Morton

Edward Rutledge (F, 128) Arthur Middleton (F, 104) Charles Pinckney (nara) Richard Stockton (G) George Walton (F, 141) David Brearly (nara) Jonathan Dayton (nara) James McHenry (nara) Thomas Heyward (F, 76)

Commercial property and/or ships burned:

John Hart Carter Braxton Joseph Hewes John Hancock Homes physically occupied:

Thomas Jefferson (Elk Hill) John Witherspoon Richard Stockton John Hancock (E, 356) John Hopkinson Arthur Middleton Philip Livingston

Homes and/or property confiscated:

Lyman Hall (F, 66) Philip Livingston (F, 95) Thomas McKean (E, 356) Homes damaged:

George Clymer (F, 50) William Floyd (F, 54) John Hart (F, 72)

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Homes destroyed:

W�fe died in capti vity or forced

William Ellery (F, 52) Lyman H all (F, 66) Thomas Heyward (F, 76) William Hooper (F, 78-79) Frances Lewis (F, 95) Philip Livingston (F, 95) Lewis Morris (F, 1 05) Thomas Nelson (F, 1 1 1 , 1 1 2) R ichard Stockton ( F, J :34,35)

separation:

Francis Lewis (F, 95) Soldier son(s) died in war:

John Witherspoon John Morton Died of illness contracted on recruiting mission:

Thomas Ly nch , J r. ( F. 1 00 )

Based on J ohn Eidsmoe , Ch ristian ity a nd t h e Cons titu tion : The Faith of Our Fou n ding Fa thers ( Grand Rapid s . Mir h : Baker Book House . 1987) ( E l ; Rohert G . Ferris and R ichard E . '1orris . The Signers of the Declaration of Independence (Arlington . VA : lnterpretiw Public ations , 1 982 ) ( F l ; Rev. Charles A . Goodrich . Biographies of the :Signers of the Decla ration of Independence. 1829 [G ]: and the \'ational Archin."s and Records Administration on line : www. nara . gov [ nara ] .

Author's N ot e : I a m gra tefu l t o Erik l\'els on . a gra d u a te s t u de n t in politica l science at Catholic L'nf rersity. u·h o rnlun teered a day a td in l 99 l . LatPr. most of tl w indi, idual c haptt'rs from the NotrP D ame lf'd U rPs appt> arPd e l sf'wlwrP. But one perplf'xity I had not had a a list of the

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best questions posed throughout the lectures and dinners , whi ch formed the nucleus of Chapter Five. The manuscript was also read in earlier stages of its development by three distinguished historians James Hutson , Barry Shain , and Martin Marty - who saved me from many small errors and s uggested important improvements ; and also by the distinguished politic al theorist , Michael Zuckert , who did the same . My debts of gratitude for the original inspiration go back very far, then , and leap ahead to the very recent present: To Peter Lombardo , who made the lectures at the University of N otre Dame in 1987 memo­ rable for his hospitality at the H esburgh Center; and to Father Kurt Pritzl , 0 . P. , chairman of the Department of Philosophy and general organizer of the lecture series at Catholic University in 2000 ; and to all those others at both institutions who contributed time , efforts and a generous spirit to the accompanying events. Thanks , too , to the trustees o f the Lynne and H a rry Bradley Foundation and the Olin Foundation for their grants to the Catholic University of America , which made this book possible . Thanks as well to Robert J . Goldwin and Walter Bern s , whose stimulus - always kindly and fraternal - has prodded me for these past twenty-some years , since I first came under their good influence at AEI in 1 978. And thanks to my agent Loretta Barrett and my publisher and editor Peter Collier at Encounter Book s, for much sound advice, assis­ tance, and friendship. For the friendship provided by my wife Karen , and for the home suited to c re a ti vity which she has sustained over so many years , at much cost to herself, there are no sufficient words of gratitude . Finally, over the years the revolving members of the John Court­ ney Murray Seminar who meet bi-monthly at the American E nterprise Institute to discuss such topics as those taken up in this book have given me incalculable stimulation and advice ; I am deeply grateful to them , and to the Coca-Cola Foundation for the aid that has made our dinners possible . Matt Spalding provided extraordinary assistance in guiding my readings in the history of the founding, and Thomas West helped early and late . B rian Anderson made some key literary suggestions . To Graham Walker, Rus sell R ittinge r ; and (over the years) to Cor­ nelis H eesters , Derek C ross , E rica C a rson Walter and other

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rese archers at the Anwric an Enlt'rpr ise I nstitute . as well as in te r n s suc h a s Thomas Kilro y. Mar tin Wane k . Erik N e lson . and L ouis Dezseran , my warmest thanks for suµ:gestiom; and ('Orrec tions on e ar­ lier v ersions of this man usc ripL an d for re mark ahlf, rese arch assistanee. F irst C athie Lov P and then L aurPI C ornell and Heha A be ­ din made evPry thing happen i n the office that ne PdPd to happP n fo r the production of the manus('ript and the organizing of thP rest of us. My w armest thanks to all!

Michael Novak 25 May 2001

Notes

Chapter One: Jewish Metaphysics at the Founding 1

See the influential histories of Vernon Parrington , Main Curre n ts in American

Thought ( New York: Harcourt, Brace, 1927); Louis Hartz, The Liberal Tradition in America: An Interpretation ofAmerican Political Thought Since the Revolution ( New York: Harcourt, Brace, 1955); Charles Beard, An Economic Interpretation of the Cons titution of the United States ( New York: Free Press, 1965) ; and also such influential political philosophers as Leo Strauss, in Natural Right and History (Chicago: U niversity of Chicago Press, 1 953) , pp. 244-251; Thomas L. Pangle, The Spirit of Mode rn Rep ublicanism : The Moral Vis ion of the A merican Founders and the Philosophy of Locke (Chicago: U niversity of Chicago Press, 1988) ; and D. G. Hart , "The Failure of American Religious History" in The Journal of the Historical Society (Boston University) , vol. 1, no. I (Spring 2000). One astute his­ torian has described the current situation in these words: It would seem wildly implausible to report that Amnican historical scholar­ ship has largely neglected the study of religion. Yet it is sadly true. Aside from a handful of moments in American history, notably the founding of New England, where mention of the religious dimension is unavoidable, precious little in the story of American history that survives in our standard textbooks even hints at the strong and abiding religiosity of the Amnican people. It is not clear whether this fact reflects a commitment to philosophical secular­ ism, or merely to methodological secularism, among the overwhelming majority of academic historians. But it does indicate an enormous gap between such historians and the rest of the American people, given that pub­ lic-opinion polls indicate with numbing regularity that an overwhelming majority of Americans, usually in excess of 90 percent, claim to believe in a personal God and in the veracity of the Bible. Wilfred M . McClay, A S t udent 's G uide to U.S. His tory ( I ntercollegiate Studies I n stitute, 2000), p. 7.

181

1 82 2

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. Wal!Pr B1 ·rn� . ··R.,Ii !-don and tlw FounJing Principlt>.' in Ro�wrt H . Horwitz, ed. .

The Mura l Fo un dations uf thP American Rep ublic . :3rd t>d. ( Charlottesville : Uni­ versity Press of Virginia, 1986), p. 2 1 4. :{

Anwri1·a11 -stylt> l'onstitu tional gO'l,t' l·nmPnt i,, t lw best actual , and probably tht> lwst possihlt' . form of govt'rnmPnt in tht' modt'rn world. YPt tht' theort't­ ical groundwork of Anwri1·an l'onstitutionalism was tht' political philosophy of Locke. Undt>r the Constitu tion. the Unit t>d S t att's has Pnjo)'t'd trt'mendous suc1·pss. Many millions have apprp1·ialt'd the blt>ssings of liberty and prospt'rity that we somehow owe to it. The United States led the forces that finally dpfealt'd N azism and the lwginning of th t> end of Communism. The vitality of tht> Constitution i,-; Ct'rt ainly dut' in part to tht> 1·onviction that its princi­ plt's art' j ust. Lincoln. King . and Reagan appt>aled to tht' prin('ip)ps of tht' DPclaration whieh are tht' prin,·iples of Lwkt' \ Second Treatise . Tht'se men

understood these also to be the principles of the Constitution. Tom West , ··J ohn Lock t" . Philosopher of tht' F o u nding A n d Why We S h ould Be Glad He Was'' ( unpublished paper for tht' John Courtrwy ,t u rray lecturt' ). Octo­ ber 4, 2000. 4

Tlw Pilgrim Code of Law ( 1 636 ) . for Pxample . listed a numlwr of values and rights within the body of what is otherv.ise a constitution. including tht' right to trial by j ury and a commitment to t'qual taxation. The 1 638 Act for the Lihertit's of the PPoplP St't out for tht' '\'laryland J ppslature both prohibition,­ and goals. ThP mo,-t t'Xtt'nsive was tht' :Vl as s achust>tts Body of Lilwrtit' s . though it was followt'd shortly h� similar pfforts in othn co lonit's . t o tht' south as well as to the north. Through these codifications and lis ts of rights . Wt' set' t ht' foundation ele­ ment of se lf-dt"finition bt"ing differt'ntiated into hills of ri l,!hts. Howenr. the 1·olonists viewed a hill of rights as a virtual ct'lt"hration of the peoplt' ·s fun­

damental v al ues. The limitation on go, t'rnmt'nt was . as we have St't'n . that certain actions were not acceptable. Donald S. Lut z . Th e Origins of A m erica n Co n s ti t u tiorr n lism ( B aton Rougt" : Louisiana State University Press , 1988), p. 61. :; E. g . • Elisha Williams. --T J w Esst'ntial Rights a111l Liherties of Prott'stantism·· in Ellis Sandoz , Pd. • Poli tical Sermons of t he A. m erica n Fo11 11din!{ Era : l -:'30-1 805 ( I ndianapolis: Liberty Press. 1 99 1 ) . pp. ;°) 1 - 1 1 8 . Pspecially pp. 56-69. '' Some s('holars set' in the foundt'rs • reasoning a form of t lw ancit'nt ph ronesis or "practical wisdom." St>t' Tt>renct> E. Marshall. ··A. French-American Dialogue : Tht> Prohlt>m of Human Rights for Constitutional Gowrnment :· Crisis . M ay 1994 ( also p uhlish,·d as an essay in The Legac_y of t he French Re i·olu tion . Rowman & Lit­ tlt"fit>ld. 1 996 ). I n an argument prt's entt'd to Frt'nch scholar s . Terenct' M arshall suggests that tlw American Foundns employt'd tht' c lassical tradition of ph ronesis rather than tht' modt>rn tradition of rationalism. µrpfrrrt"d by tht' Frt'nch R t' volu­ tionaries:

N O T E S T O C H A P T E R ON E

1 83

[ T ] he Madisonian synthesis of rights and prudence derives finally from another source than Montesquieu or Hume, Locke or Voltaire. An attentive reading of The Federalist reveals that the practical reason it manifests is founded not on a passion for security but on a concern for the disposition of soul requisite to a just or reasonable deliberation of public affairs. Marshall, p. 49. 7 Donald S. Lutz has carefully weighted what he describes as "The Rdative Influence of European Writers on Late Eighteenth-Century American Political Thought," The American Political Science Review, vol. 78, 1983 , pp. 185- 197. Of the total number of citations from a comprehensive list of political writings , 34 per­ cent were to the Bible; 22 percent to the Enlightenment; 18 percent to the Whigs; 11 percent to the Common Law; 9 percent to the Classics, 4 percent to peers, and

2 percent "others." In a total of 3 , 1 54 citations, Montesquieu was cited most (8.3 percent) , followed closely by Blackstone ( 7 . 9 percent) , third Locke (2 . 9) , and fourth Hume (2. 7). The fifth most cited thinker was the classic historian Plutarch

( 1 . 5 percent) . 8

Russell Kirk, The Conservative Constitution (Washington, D.C.: Regnery Gate­

way, 1 990), p. 71. 9

In Jefferson's May 8, 1825 letter to Henry Lee, he writes: Not to find out new principles , or new arguments, never before thought of, not merely to say things whi ch had never been said before ; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or senti­ ment, nor yet copied from any particular and previous writing, it was intended to be an expression of the American min d , and to give to that expression the proper tone and spirit called for by the occasion. All its authority rests then on the harmonizing sentiments of the day, whether expressed in conversation, in letters, printed essays, or in the elementary books of public right, as Aristotle , Cicero, Loc ke , Sidney &c. The histori­ cal documents which you mention as in your possession, ought all to be found, and I am persuaded you will find, to he corroborative of the facts and principles advanced in that Declaration.

Merrill D. Peterson, ed. , Jefferson: Writings (NY: Library of America, 1984), p.

1501. 10

1.1.

Lutz, 1988, op cit., pp. 1 19-120. Ibid. , p. 1 1. Later, Lutz writes: Saying that English common law had relatively little impact on American constitutional design does not imply a lack of effect on the legal system. Eng­ lish common law was used in all colonies by 1 776 as the basis for court procedures, methods of appeal, legal definitions, and other key aspects.

1 84

O N TW O WI N GS Again , howevt'r. it was s 1° lt"1·tivt"ly appn,priated an , tht' ) havt· a r P ,-Jw,·t for languag1· . law. liturgy . a n d tradition that . i n sonw s pn s P . mark,-; th1·m a ;,. •'const'rvativt'. · · S till . th P y lwliP ve in somP human progrpss . and tht>y nnphasiz P human capacities for reflP ction on alfrniativt>s and fre,. d10ic P s - ,·haractPri,-tics that mark thPm as rPalistic progrP ;.sivt>s. With t lw lilwral,-. thP) locatP human dignity in lih­ Prty, hut ordPred lilwrty ( j ust as . for Aqui nas . practi1·al wis dom is recta ratio ) . Tlw Catholi,· Whig,- . thPn . J ffP ,-;ent a di,-;tinctiv P mix : consPrvativP . progressive, liberal, and realistic. On Cultiva ting Liberty ( Lanham. M D : Rowman & Littlt>f-iell i n particular. but the whole course of providence . ,-;eem intended to aba,-;p the pride of man . and lay the vain-glorious in the dust . How many in,-;tance,-; does history fur­ nish us with. of those who aftn Pxtilting over. and dt'spising their ent'mies . were signally and shamefully ddeated. The truth is. I heliPH . the remark may lit' applied univPrsally. and we may say. that through the whole frame of nature, and the whole system of human life. that \\hich promise;. most . 1wr­ forms the least . The flowers of finest colour seldom have the sweetest fragrance. Tlw tret's of quickest growt'th or faire:,;t form. art' seldom of the greatest valuP or d uration. Dt>t>p watt'rs movt' \\ith lt>ast noist'. :W e n who think most art' seldom talkative. A n d I think it holds as much i n war as in any thing, that every boaster is a coward. S andoz. op. cit. . pp. :;:n-S3S. It is fascinating to compart' thi,- and other pa,-sages from Witherspoon's sprmon to passages in Book I II ( On Prm·idt>nce ) in tlw S u m m a Contra Gen tes . or. say. this passagt' in Thomas Aquina,: S u m m a Theologica :

Thert' are thrPt' hoary t'ITors on tilt' suhjt'ct of prayt'r. �omt' maintain that human affairs are not ruled hy divine providence. and consequently to wor­ ship and pray to God is silly. Otlwrs maintain that evprythin g h appens of necessity . whetlwr from the immutability of providt'11 1' e or from cosmic determinism or from the systt-m of intPracting causes : tht'y also rule out the usefulness of prayt>r. A third group is of the opinion that while human affairs

N O T E S T O C H A P T E R ON E

187

are indeed ruled by providence and are not the result of necessity, never­ theless the disposition of divine providence is variable and can be swayed by petitions and suchlike. All these postulates we have already disproved. I n urging the importance of prayer we should neither load the course of human events with necessity nor yet reckon that the dispositions of the divine plan can be changed. The matter will be made clearer if we consider that divine providence settles not merely what effects shall come about, but also in what manner and from what causes. Human acts should be numbered among the operative factors. M an must needs act , not in order to change the divine dispositions, but in order to execute them according to the order arranged. The situation is very much the same with respect to natural causes. Such is the case with prayer; we do not pray in order to change the divine disposi­ tion , but that we may ask for that which God has arranged to be granted through prayer. Thomas Gilby, trans., Saint Thomas A quinas : Philosophical Texts ( New York: Oxford University Press, 1960), pp. 350-351 , Summa Theologica, 2a-2ae, lxxxiii.2. 34 Sandoz, op. cit . , p. 547. 35 Witherspoon's fuller quote: I t extends not only to things beneficial and salutary, or to the direction and assistance of those who are the servants of the living God ; but to things seem­ ingly most hurtful and destructive, and to persons the most refractory and disobedient. He overrules all his creatures, and all their actions .... Or, to apply it more particularly to the present state of the American colonies, and the plague of war, the ambition of mistaken princes, the cunning and cruelty of oppressive and corrupt ministers, and even the inhumanity of bru­ tal soldiers, however dreadful, shall finally promote the glory of God , and in the mean time, while the storm continues, his mercy and kindness shall appear in prescribing bounds to their rage and fury . . . . I t would b e a criminal inattention not to observe the singular interposi­ tion of Providence hitherto, in behalf of the American colonies . ... The signal advantage we have gained by the evacuation of Boston, and the shameful flight of the army and navy of Britain, was brought about without the loss of a man. To all this we may add , that the counsels of our enemies have been visibly confounded , so that I believe that I may say with truth, that there is hardly any step which they have taken, but it has operated strongly against themselves, and been more in our favor, than if they had followed a contrary course . . .. True religion is nothing else but an inward temper and outward conduct suited to your state and circumstances in providence at any time. And as peace with God and conformity to him, adds to the sweetness of created com­ forts while we possess them, so in times of difficulty and trial, it is in the man of piety and inward principle, that we may expect to find the uncor­ rupted patriot, the useful citizen, and the invincible soldier. God grant that

188

0 N TW O W I N G S in Amnica tnw n·ligion and civil lilwrty may lw ins P parahl P . and that the unjust attempts to dt'stroy thP rs Wit' Fourth-of-July motions . pamphlets on civil and religious subjects, and the like. :n Sandoz, op. cit . . frontispield artillt>ry. lt'nt :- . baggagt'. and about 9.000 mt'n wt'rt' conYeyt>d to t lw city of New-York over E ast River, more than a mile wid e , in less t h an 13 hours . and wit hout t llf' k n owlt>dgt' of tlw Britis h . t hough not six hundrt'd yards distant. Providt'nct' . in a rt'markahlt' mamwr faYotll't'd the rt'trt'ating army. For somP tinw aflt'r tlw Americans began to cross t lw statt' of tht' tide, and a strong north-t'ast wind made it impossihl P for tht'm to makt' nst' of t ht'ir s ail hoab , and tllf'ir wholt' numlwr of row boat s was insufficit'nt for com-

NOTES TO CHAPTER O N E

191

pleting the busines s , in the course of the night. But about eleven o'clock , the wind died away, and soon after sprung up at south-east, and blew fresh, which rendered the sail boats of use, and at the same time made the passage from the island to the city, direct, easy and expeditious. Towards morning an extreme thick fog came up, which hovered over Long-I sland, and by con­ cealing the Americans , enabled them to complete their retreat without interruption, though the day had begun to dawn some time before it was finished. By a mistake in the transmission of orders , the American lines were evacuated for about three quarters of an hour, before the last embarkation took place, hut the British though so near, that their working parties could be distinctly heard, being enveloped in the fog knew nothing of the matter. The lint>s were repossessed and held till six o ' clock in the morning, when every thing [ sic] except some heavy cannon was removed. General Mifflin, who commanded the rear guard left the lines , and under the cover of the fog got off safe . I n about half an hour the fog cleared away, and the British entered the works which had been j ust relinquished. Had the wind not shifted, the half of the American army could not have crossed, and even as it was , if the fog had not concealed their rear, it must have been discovered, and could hardly have escaped. David Ramsay, The History of the A merican Revolution (I ndianapolis : Liberty Classics, 1990; originally published in 1789), pp. 283-284. 47

George Washington to Samuel Langdon, September 28, 1 789 : "The man must be

bad indeed who can look upon the events of the American Revolution without feel­ ing the warmest gratitude towards the great Author of the Universe whose divine interposition was frequently manifested in our bt>half." Bennett, op. cit. , p. 400. 48

Federalist Nos. 2, 37, 43. From France, Alexis de Tocqueville also took up this theme in Democ racy in America (New York : Anchor Books , 1969), p. xi: "The gradual development of the principle of equality is a providential fact. It has all the chief characteristics of such a fact: it is universal, it is durable, it constantly eludes all human interference, and all events as well as all men contribute to its progress." 49 Thanksgiving Day Proclamation of October 20, 1 779, as cited by Jeffrey Hays Morrison, op. cit. , Journal of Church and State , vol. 4 (Summer 1999), p. 565. 50 Worthington and Hunt, op. cit. , vol. 21, p. 1074. 51

I n revealing the councils of our enemies, when the discoveries were season­ able and important, and the means seemingly inadequate or fortuitous ; in preserving and even improving the union of the several States, on the breach of which our enemies placed their greatest dependence; in increasing the number and adding to the zeal and attachment of the friends of Liberty; in granting remarkable deliverances, and blessing us with the most signal suc­ ces s , when affairs seemed to have the most discouraging appearance; in raising up for us a powerful and generous ally, in one of the first of the Euro-

1 92

0 N TW O W I N G S 1 wan powers: in c·onf oundinµ: the (·otm!'ib of our pnemif-'� . and suffering them to pur;;ut' sll(·h nlt'a,.,urp,-; as have most dirp(•tly rontributed to frustrate their own desirPs and c•x1 wctation,- ; al11 ►vt' all . in making t lwir Pxtrt'me lty to th t' inhabitants of tlwst" Sta tt' s . wht>n in thPir powt'r. and tht>ir sa vagt' dev­ astation of pro 1 wrty. tht' v t'ry mc>ans of c·Pmt'nt ing our union . and a dding vigor to every effort in opposition to them. And as Wt' cannot hPlp !Pa!ling the good pc>oplt' of t lwst' St atPs to a rt>tro­ spt•c·t on thP Pv ents whid1 havP takPn pla!·e ,-,inl'f• tht' 1,eginning of tht' war. so Wt' rpc•omme rnl in a partic-ular manner to t lwir oh,-,ervat ion. tht' gooclnt>s,-; of God in tht> ypar now d rawing to a l'f>n!·lm,ion: in which thP Conft>n complt'!t'd : in w hich tht>rt' haYt' lit>Pn so many inst anre:>s of prowt'ss and su!· t·ess in our armic> s ; part in1la rly in the S outh­ nn Statt' S , whnP . notwithstanding t ht> diffi 1·11lti1•,-, w i th w hich tht>y had to struggle. tht>y have re:>covt'rt'd the:> wholt> f'Otmtry whid1 thf-' t>nt>my had oYer­ run, leaving them only a post or two on or near the sea ; in which we have hePn so pownfully and ,,ffeetually a,-sistt'd Ii� our allit> s : in which in all the conjunct opnations tht' most pprfef't ha rmony has ,uhsisted in the allied army ; in which then· has het'n so plentiful a harn•,-.t. and ,-o great ahundanf'e of the fruits of the earth of evny kind. as not only Pnables us easily to :-upply the wants of the army. but giVf•s comfort and happines,; to the wholt' people : and in which . aftt>r tht> suCC't'SS of our all ie:- by >'t" a . a Gt>neral of the first R ank , with his whole army. has heen rap tured I,� t lw allied forces under the direction of our Comm ander in Chit'f. .. with grateful heart ;; . to celebrate tht> praise of our gracious Benefactor: t o f'onfr:--s our manifold sin s : to offrr up our most fprvt'nt supplication,- to the God of all gract'. that it may vlease Him to pardon our offences . and incline our ht'art� for the future to keep all his laws; to comfort and relieve all our brethren who are in distress or captivity ; lo prosper· all hushandnwn. and p'\ t> succp,-,� to all engagt'd in law­ ful commen·e : to impart wisdom and inlt'grity to our coun,-ellor,; . judgment and fortitude to our offict'rs and soldins : to p rotPrt and pro:--per our illus­ t rious ally, and favor ou r unitt'd t'Xt'rtions for the spet>dy estahlishment of a safr, honorahle and lasting peact' ; and blt'ss all seminaries of le:>arning; and r covers tht' sea:-.

Than ksgil'ing Day Proclama tion of October 26. J ;'8 1 . in The Journals of the Con­ tine ntal Congress 1 7 74-1 ;'89. t>t l s . Ford and Hunt . op. cit . . p p . 1 0 74- 1 076. S:l Th unksgiving Day Proclama tion o_{ October 1 1 . ] ;'82 . in ibid. . p. 647. s 3 Bennett, op. cit . , p. 387 . s,i.

Thi s thought i ,- provoked in J effnson·s mind b�· the ronsidt'ration of slavery, and its t>ffe:>ct upon the:> souls of slaves and slawholdns alikt>. The fuller passage is: And can tht' lihf'rtit>s of a nation be thought St'Cllrt' w-hen we have removed their only firm ba sis . a conviction in the minds of the people that these lib-

NOTES TO CHAPTER ONE

193

erties are of the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever. "Notes on the State of Virginia," in Peterson, op. cit . , p . 289. 55 The verse is the final stanza of "America," about which Professor West observes: Sidney's (and Locke's) overall argument gave to political obligation a new basis consistent with Christianity's universal claim but independent of any particular religious sect. The God of all mankind could now be the God of a particular political community. For if natural liberty and natural law come from God, only one kind of community will satisfy God's law : a consent­ based republic protecting the equal liberty of all. The final s tanza of "America" shows that this argument

is no mere logical inference but a tenet

offaith for the political community that established a representative democ­ racy dedicated to the proposition that all men are created equal [ emphasis added]. For context, see Thomas G. West, ed., "Introduction," in Algernon Sidney, Dis­ courses Concerning Government ( Indianapolis: Liberty Fund, 1996), p. xxii.

Chapter Two: Two Beat as One

1 Mary Ann Glendon has assembled a list of passages appealing to such qualities

as these in "Philosophical Foundations of the Federalist Papers: Nature of Men, Nature of Law," Harvard Journal of Law and Public Policy, vol. 16, no. 1 (Win­ ter 1 993), pp. 23-32. For instance: The Federalist Papers are not just an appeal to reason over passion. They are also a shrewd appeal to certain kinds of passion. Much of their persua­ sive power comes from the way they speak directly to what Abraham Lincoln in his Firs t Inaugural was to call "the better angels of our nature." Con­ sider the passage in which Madison describes his ideal readers : "These papers are not addressed to persons [ who are biased or without a spirit of moderation]. They solicit the attention of those only who add to a sincere zeal for the happiness of their country, a temper favorable to a j ust esti­ mate of the means of promoting it." Though The Federalist Papers ' authors repeatedly profess their skepticism about the ability of human reason to master passion, they frame their arguments to appeal to the human capac­ ity to do precisely that. They call for "correct and unprejudiced minds," and they reach out to "sincere and disinterested advocate[ s] for good govern­ ment. The best evidence of this point is the structure and style of the papers them­ selves - the way they state the questions, weigh the evidence, and seriously consider arguments pro and con. The papers are a virtuoso performance of the exhorta­ tion in The Federalist No. 71 to consider the ideas in all their aspects and to trace

194

0 N TW O W I NGS

them out to all tht>i r 1·onst>quetH't's. T h us. th..- h uman person. as t'n v ision e d by H amilton, J ay, and Madison, st>Pms to lw murh morP than ju st a rational calcula­ tor. He is also a knowt>r and a rhoosn, the: kind of pnson who might j u s t possibly lw capahlt> of ..Pstahlishing good govt>rnment from refl(>ction and f'hoic(>. ·· Pp. 29-30. hH'idt> ntally. the first ap 1 w a r a n e t' of thP word . . rPsp onsihility•· in English ocd Stat Ps , if a politil'ian attanr•p in his lt'stimon�. 1'/t>wspapt>r:i rt>portPd the faf't ¼ithout

comment. Alt>xis dt> Tof'IJUt'ville , Democracy in A merira. tram,. Gt>or�e LawrPnf'P and ed. J . P. M ayer (New York: Doubleday, 1969), pp. 292-293. 16

Ibid. , p. 295 and pp. 46-47.

17

Jonathan Mayht>w. ··The Snart' BrokPn . " in Sandoz . op. f'it . . pp. 2:i8-2:i9.

1 8 Ibid. , P· 159. 19 Gaillard Hunt. t'd . . Th e Writ ings of James .lladison ( '.\ ew York : G. P. P u t ­ nam 's Sons , 1 900- 1 9 1 0 ) v o l . 9 . p . 2:r n . a s q u ott'd i n H u t � on. Reli[!ion a n d t h e

Founding, p . 96. 20 " N ott's on the S t att' of Virginia . ' · in MPrrill D . Pt>! Pr�on . Thomas Jefferson : Writings (New York: Library of America, 1984) , Query XVIII, p. 289. 21

The Constitutio n of the Un ited Sta tes ( Lakt' Bluff. Ill. : Rt>pwry Gatt'way. 1986 ) .

p p . 31 4-3 15. 22 Benjamin Pt>rlt>y Poort', The Federal a n d Sta te Constit u tions . Colonial Ch a r­ ters , a nd other Orga n izing La U's of t h e l n i ted Sta tes 1 Wa�hin1ly haYP ,-;pt'nt mort' timt' with Black­ stone than with Locke and gotten their Locke through Blackstone. The Politirnl Writinp of Joh n .-ldams ( Lilwral Art� Prt>ss . 1 95-1- ). pp. 19-20. as quott>d in S t anton Ev ans . Th e Theme is Freedom ( Washingt on. D . C . : Rt>gnt'ry 24

Publishers, 1994), p. 239. 2s Jon Butln, ,4 wash in a Sea of Fa ith : Christia n izing the .-tm e ricn 11 People ( Cam­ bridge: Harvard University Press, 1992), pp. 201-202.

26 Sandoz, op. ci t . , frontispiece. 27 Bt'nj amin Ru� h . " O f tht' Modt> of E d ucation Prnpn to a Rt>public'· ( 1 798 ) . f'itt'd in William J . Bt'nnt'tt . O u r Sa cred Hon or ( Nt'w Yo t" k : S imon & Schuster,

1997), p. 4l2.

N O T E S T O C H A P T E R TW O 28

I 97

Ibid.

29 Ibid. 30 The great John Witherspoon used the term "state of nature" to describe humans in this state, after the fall: I do not speak this only to the heathen, daring profligate, or grovelling sen­ sualist, hut to every insensible secure sinner; to all those, however decent and orderly in their civil deportment, who live to themselves and have their part and portion in this life; in fine to all who are yet in a state of nature, for "except a man be born again, he cannot see the kingdom of God . " Sandoz, op . cit ., p . 546. What Christians mean b y "original sin" - the inherited disorder of man's nature in which each of us is born - differs from what Locke intends by "state of nature. " But both concepts put the brakes on utopian hopes. Saint Augustine's classic metaphor was that human nature left to itself, after the fall, continues as a gimpy knee; even when fully healed, every so often it is unreli­ able. Similarly, Witherspoon preaches: The fear of man may make you hide your profanity : prudence and experi­ ence may make you abhor intemperance and riot; as you advance in life, one vice may supplant another and hold its place; but nothing less than the sov­ ereign grace of God can produce a saving change of heart and temper, or fit you for his immediate presence . Ibid. , p. 546. 3 1 "The Farmer Refuted" (1775), in Harold C. Syrett, e d . , Papers ( New York: Columbia University Press, 1961), vol. 1, p. 87, as quoted by Thomas West, Sal­ vatori lecture. 32

In a letter dated May 8, 1825, to Henry Lee, Jefferson writes: All American whigs thought alike on these subjects. When forced, therefore, to resort to arms for redress, an appeal to the tribunal of the world was deemed proper for our justification. This was the object of the Declaration of Indepen­ dence. Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or sentiment, nor yet copies from any particular and previous writing, it was intended to be an expression of the American mind, and to give to that expression the proper tone and spirit called for by the occasion. All its authority rests then on the harmonizing sentiments of the day, whether expressed in conversation, in let­ ters, printed essays, or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, &c. The historical documents which you mention as in your possession, ought all to be found, and I am persuaded you will fmd, to be corroborative of the facts and principles advanced in that Declaration.

Peterson, op. cit. , p . 1500.

198

0 N TW O W I N G S

:n Th t> foundns oftPn pair togPtlwr A J µ:t>rnon SidnPy and J ohn LorkP . although th Py mo rt' oftpn citP Lockt'. Sid1wy is rPligiously morP orthodox t h an LockP , and closer t o tlw traditions of AristotlP and Ciri>rn in dt'fining lihnty and linkinl! it to rntain indispensahlP virtu ust>d convt>ntional Chri:-tian lan­ guage in order to suhvPrt i t . ( LoekP nPver assnts such an intt>ntion. ) But onP doe,; not supposP t h a t t host' whosp movt's in c hess t'nd in dis ast p r inlt'ndt'd what t h ey did not have t ht> wit to foreset'. J u st so. ont> ought not to t a ke as willful thP unforp­ seen logical consequenet>s of mOYP>- takPn in thP hPat of play eYen Ly philosophers. Lockt" 's logic might lPad to crass matnialism. for inst anct' . but it would bt> diffi­ c u l t to show t h a t Lockt' himself was a crass m a t niali:,;t . On tht> difficult terrain betwepn philosophy and rt'ligion, t hinkt>rs art' o ftpn ) pd into t rain,- of logic t h a t Wt'rt" n o par t o f tht>ir intention. lt i� alt ogt'tht>r pos,-ihle that. i n good faith. Lockt> · s ph ilosophieal Pquipnwnt was not suh tlt> i>nough to makt' a l l tht> di:,;tinction� h i s argument needed. Besidt's, if it is lt>gitimatP to arg1w that Locke mt'd C h ristian terms to rnhwrt Christian prPmisPs, it is equally lsize that many in tht> found­ ing gennation ust>d LockPan t P rms for Ch ristian pu q1ost' :,; . I t is t rut> t hat ..nat u ral rights" art' not mPnti01wd in thP BihlP i n ipsis 1·erbis (hut t lwn nPithn is the . . t rin­ ity" ) , and it is t ru t' that ( a mong other:,; ) Loekt> �upplit'd t lw term. \pt . t lw contt>nt whinjamin R ush . 2 Ft>hruary 1 807. :n I bid. . p. 398 for t hi� and tht' prt>vious quotation.

oah Wt"hster, "Advice to t h e

Young," from Va lue of t h e Bible and t h e Excellence of the Christia n Religion , 1834.

NOTES TO CHAPTER TW O

199

38 -Ibid . , p. 406. For a more elaborate analysis, see Mark David Hall, The Political and Legal Philosophy of James Wilson, 1 742-1798 (Columbia: University of Mis­ souri Press, 1957) , Chapter 2, "James Wilson , Morality and Natural Law," pp. 35-67. 39 Sandoz, op. cit . , "A Sermon Given on the Day of the Commencement of the Con­ stitution," October 25, 1780, pp. 631-656. 40 Ibid. , p. 637. 41 Ibid. , pp. 647-648. 42

See Michael Novak , God 's Country : Taking the Declaration Seriously (1999

Francis Boyer Lecture) (Washington, D . C . : AEI Press, 2000). 43 James Walsh points out that "the mental and moral philosophy of these theses, the metaphysics and ethics as taught by the college presidents and tutors, were a direct heritage from the Scholastic philosophy of the medieval universities." He gives as one instance, "a pair of linked theses presented at the College of Rhode Island (Brown)": Deus potest esse ergo est (God can be, therefore He exists). Any "clerke of Oxenforde" or of Paris would have been able to take part handsomely in this disputation , could he have been translated to eighteenth-century Provi­ dence. For this is one form of the ontological argument for the existence of God first called to the attention of the Schoolmen by St. Anselm in the eleventh century. James J . Walsh, The Education of the Founding Fathers of the Republic; Scholas­ ticism in the Colonial Colleges; a Neglected Chapter in the History of American Education (New York: Fordham University Press, 1935), pp. 11-13. 44

Our frame is contriv'd, as everything through universal nature is, with noth­ ing wanting, nothing redundant. And our being endow ' d with reason and understanding, instead of more instinctive powers, shows that we were ordain'd for self-direction, in conducting by the former: And in fact, we find that we determine frequently on action and conduct by consideration and reflection , without any instinctive impulse, further than self-love, which without the other, is blind in the human species.

John Perkins, in Charles Hyneman and Donald S. Lutz, eds. , American Political Writing During the Founding Era: 1 769-1805, 2 vols. (Indianapolis: Liberty Fund, 1983) , vol. 1 , p. 148. 45 Peterson , op. cit., pp. 814-16, "Letter to Peter Carr, 1 9 August 1785." 46 From "A Bill Establishing a Provision for Teachers of the Christian Religion," quoted i n John Eidsmoe, Chris tianity and the Constitution: The Faith of Our Founding Fathers (Grand Rapids: Baker Books, 1987), p . 310. 47 Tocqueville , Democracy, op. cit., vol. I, part II, 9, p. 292. It is here that Toc­ queville calls religion "the first of their political institutions . " A powerful phrase.

200 0 N T W O W I N G S

49 Ibid . , p. 293 . 50 Ibid. , vol. II, part I, 5, pp . 442-446. 5 1 Ibid, part II, 15, pp. 542ff. "

2

Quotf'd hy Janws Madison , .Votes of Deba tes in the Federal Corn- er1 tion of 1 78 7

(New York: W.W. Norton, 1987), pp. 209-2 10. 53 Tocqueville, Democracy, op. cit. , p. 291. 54 Philip B. Kurland and Ralph Lf'rnf'r. t'ds. , Th e Foun ders ' Cons t i t u tion (Chicago: The University of Chicago Press, 1987), vol. 1, pp. 1 66-169. 5 5 William Lf'e Millt-- r. Th e Business of May .\'ext ( CharlottPsvillt': l lniversity of Virginia Press, 1992), p. 22 . 56 Hamden [Pseud. ] , "On Patriotism ." South Carolina Gazette ( Charleston ) . '.\ov.

29, 1773, in footnote 9, as cited in Lutz, op . cit. , p. 77. 5 7 Quoted by Rocco Pezzimenti. Th e Open Society and its Friends ( :\1illennium Editrice: Roma, 1997, and Fowler Wright Books: Leomimter. L K . J . p. 59. 58 Professor Lutz summarizes as follows: Instead of viewing the community as a ntagonistic to individual interest s . rights, a n d liberties , the Americans o f that n a s a w i t as thP primary means for fulfilling individual goals. The conclusion followf'd from tht' first funda­ mt'ntal conviction discusst'd t'arlier - humans dt'velop and m aintain tht' highest lt'vt'ls of moral and material t'xistt'nct' on Earth whilt' living in com­ munitit's. As Levi H art wrott' : '·Civil socit'ty is formt'd for tht' good of tht' wholt' body of which it is composed. Hencf' tht' wt'lfart' and pros1lt'rity of tht' socit'ty is tht' COMMO N GOO D . and t'nry individual i,- to st't'k and find his happiness in tht' wf'lfare of tht' wholt' . and t'wrything to Lt' transactt'1l in society, is to he rt'gulatt'd by this standard." . . . Furtht'rmort' . tht' commu­ nitarian spirit rt'sulted from and t'nhanct'd individual t'quality. "A state of society ner,essarily implit's rt'ciprocal dt'pendt'nct' in all its memhers : and rational govnnnwnt is dt'signt'd to rt'alizt' and strt'ngtht'n this dt'f-lt'ndt'nct' and to n--ndn it, in such t'qual in all ranks . from the suprt'mt' magistratt'. to tht' mt'ant'st flt'asant, that t'ach may ft't'l hirmwlf bound to St't'k tht' good of the wholt' community. " Trut' st'lf-intnt'st was tht' pursuit of tht' common good of tht' community. Self-intt'rt'st at odds with tht' community was mistakt'n , lwcaust' it was short tt'rm. But tht' long-run intt'rest of tlw individual invari­ ably matched that of the entire community. The Origins of A m erican Cons titu tiona lism ( Baton Rougt' : Louisiana State Uni­ versity Press, 1988), pp. 76-77. 59

Israel Evans, ··A Snmon Ddivt'rt'd at tht' Ann u al Election" ( 1791 ), Sandoz,

op. cit . , p. 1062 .

N OTES TO CHAPTER THREE

201

60 John Leland, "The Rights of Conscience Inalienable" (1791), ibid., p. 1085. 6 1 Washington, Letter to Colonel Benedict Arnold dated 14 September 1775; quoted by J ohn Eidsmoe, Christianity and the Cons titutio n: The Faith of Our Founding Fathers (Grand Rapids: Baker Books, 1987), pp. 122-123. 62 Miller, op. cit. , p. 115. 63 Hitchcock, "An Oration in Commemoration of the lndependecne of the United States of America" (1793), Sandoz, op. cit. , p. 1183 . 64 Tocqueville, Democracy, op. cit. , pp . 46-47.

Chapter Three: Immoral Man, Moral Society . . . Had no important step been taken b y the leaders of the Revolution for which a precedent could not be discovered , no government established of which an exact model did not present itself, the people of the United States might at this moment have been numbered among the melancholy victims of mis­ guided councils, must at best have been laboring under the weight of some of those forms which have crushed the liberties of the rest of mankind. Hap­ pily for America, happily, we trust, fo r the whole human race, they pursued a new and more noble course . They accomplished a revolution which has no parallel in the annals of human society. They reared the fabrics of gov­ ernments which have no model on the face of the globe. They formed the design of a great Confederacy, which it is incumbent on their successors to improve and perpetuate. If their works betray imperfections, we wonder at the fewness of them. The Federalist Papers ( New York: New America Library, 1961), No. 1 4, pp. 104-5. 2

I borrow much in this chapter from John T. Noonan , J r. , The L ust re of Our

Country (Berkeley : University of California Press, 1998), especially from the chap­ ter ••JM's Original Insight ," pp. 61-90. 3

Ibid . , quoting Witherspoon, p. 65.

4 Ibid. , p. 78. 5

My own opinion has always been in favor of a bill of rights; provided it be so framed as not to imply powers not meant to be included in the enumera­ tion. At the same time I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that it is anxiously desired by others.

Robert A. Goldwin, From Parchment to Power (Washington, D.C.: AEI Press, 1 997) , quoting Madison, p. 62. Madison was confident that this mistrust was unwarranted. But for a con­ stitution establishing popular government, based on consent of the people and majority rule, with powers limited so as to secure the rights of the minor­ ity and of individuals - for such a constitution, he came to realize , it is not

202

0 N TW O W I NGS t'nough to havt' tlw all ....1..rian,·t' of "thf' µ:rt'al mass of t lw 1woplP.' . of '·tlw whole (·ommuni ty. " With siwh univ... rsal all ...µ:ian,·.... t lw majority ,·an lw t'Xpt'rtf'd to re strain ibt'lf, hy ap1wal to th..- Constitu tion . on thosf' 1w('asions when it is

tempted to deny tlw ri µ:hts of t lw minority hy t lw ..-xe1Tis..- of al,usiH· maj or­

ity power. Ibid. , p. 73 . 6

7

lbid., p. 73. St'e (;oldwin fo1· an a,·,·01111t on liow Madison introdw·f'd thP proposals for thf' Bill

of Rights, op. cit., pp. 105-108. 8 Ibid., p . 174. 9

Rolwrt A . Rut land, Geurge .Wa s o n . Relurt a n t ::-,ta tes m ll n I Baton Rouge : Louisiana State U nivt'1·sity Prt'ss . 1 989 ) . p . 9:3 . SPe also Gold win. ·•fisherif' s . Post Roads, and Ratifications;· op. cit . , pp. 169-175. 10 Goldwin, op. cit. , pp. 80-81. 1 1 Ibid., p. 62. 12 Jbid., pp. 162-163. 13 Wilfred Parsons, S . J . , The First Freedom : Considerations on Ch u rch a n d State in t.he United Sta tes ( New York : Tht> D ... clan X . .\-l i- \1ul1Pn Company. 1 948 ) . pp .

30-49.

14 Quoted by V. Phil lip M unoz . .. Religion and thf' ::--oc ial Compac·t : J ame,; '.\ladi­ . son 's Principlt> of Religious · N on-Cognizanct' . . ( draft of a do!'toral dis,.;prtation for Claremont Graduate School, on file with the author) , p. 7 1 s James H . H u tson. Religion a nd the Fou11ding of the A merica 11 Republic ( v;·ash­ ington, D . C . : The Uniwrsity Prt',-s of N ...w England. 1 998 ) . pp. 96-9 7 . " Religious hondagP shack It's and t !Phi l i t atPs tlw mind and unfi t s i t for t'YPry nohlP PntPrprisP. t'VPry expand Pd pro,;pt:>cl . ·· . .Lt'ltPr to \'h lliam BratlforrnmPnt and laws lw . and the more lihPrty arP thPy ('apaLlP of Pnjoying. lwrnusP thPy govern tlwmsPlvPs. ·· In A Sermon Preached on the Public Fast in the Common ,cealth of Massadwsetts ( S alPm: Thomas C. Cushing, 1793), pp. 17-21. • But the most thorough dPfrmw of thP provisions in Artidt' I I I was offered h y Theophilus Pa rsons, who had alrPady writtPn the 1 778 Essex Result and was now writing as chiPf JusticP of the MassachusPtts Suprenw J uridical C ourt :

NOTES TO CHAPTER THREE

205

To object that this is a violation of conscience is to mistake man's con­ science for his money. But a s every citizen derives the security of his property, and fruits of his industry, from the power of the state, so, as the price of this protection, he is bound to contribute, in common with his fellow­ citizens . . . . The great error lies in not distinguishing between liberty of conscience in religious opinions and worship , and the right of appropriat­ ing money by the state . The former is an unalienable right ; the latter is surrendered to the state, as the price of protection . . . . The object of public religious instruction is to teach, and to enforce by suitable arguments, that p ractice of a system of morals among the people , and form and cultivate reasonable and just habits and manners; by which every man's person and property are protected from outrage, and his personal and social enjoyments promoted and multiplied . From these effects every man enjoys the most important benefits; and whether he be, or be not, an auditor of any public teacher, he receives more solid and permanent advantages from the public instruction, than the administration of justice in courts of law can give him. The like objection may be made by any man to the support of public schools . Ibid . , pp. 24-29. 27

My first venture in political philosophy, published in 1 932 , was entitled Moral Man and Immoral Society. Its thesis was the obvious one , that col­ lective self-regard of class, race, and nation is more stubborn and persistent than the egoism of individuals. This point seemed important, since secular and religious idealists hoped to change the social situation by beguiling the egoism of individuals, either by adequate education or by pious benevolence. A young friend of mine recently observed that, in the light of all the facts and my more consistent "realism" in regard to both individual and collective behavior, a better title might have been The Not so Moral Man in His Less Moral Communities.

Reinhold Niebuhr, Man '.s Nature and His Communities: Essays on the Dynamics and Enigmas of Man 's Personal and Social Exis tence (New York : Scribner's , 1965), p. 22. 28 B arry A. Shain, The Myth ofAmerican Individualism (Princeton : Princeton University Press, 1994), p. 278. 29

Ibid . , p. 279. The internal quote is from Michael Kammen's Spheres of Liberty (Madison: University of Wisconsin Press, 1 986), pp. 2 1-22 .

3 0 Ibid . , p . 280. Shain is quoting from the New-York Weekly Journal, 7 July 1 740. 3 1 '"Letter by J . , ' in The Boston Evening Post for 23 May 1 763," in Charles S . Hyneman and Donald S . Lutz , eds . , American Political Writing During the Found­ ing Era , 1 760-1805, 2 vols. (Indianapolis: Liberty Press, 1983), vol. 1 , p. 23. 32 Lord Acton , cited in J. Rufus Fears, ed . , Essays i n Religion, Politics , and Morality; Selected Writings of Lord Acton (Indianapolis: Liberty Classic, 1 988),

206

0 N TWO W I NG S

p. 613. The full text is: Tht' Catholi,· notion, dt'tining lilwrty not as the pown of doing what we like. hut tht' right of lwing ahlt' to do what Wt' ought. dt'nit's that gennal intnests can supersede individual rights. See also p. 491: Tht' ct'nlt'r and s uprt'nw objt'rt of liht'rty is tht' rPign of cons rienct'. RPli­ gion produ,·.. d this for-ct' only in tht' st'vPntet'nth cPntury - just as it rnlt't'mt'd slavt'ry only in tht' nint'lt't'llth l'Pntury. in tht' 30 yt'ars from 18:{3 to 1 864. :n ·'On tht' 1·ovn pagt' , Jdft'rson 1h--s('rilwd tht' orgf' Washinµ;ton, "FarPwl-'11 Addn-- ,- ;.:· in " . B. AIIPn . 1-'d . . Geor�e Wa sh ing­ ton: A Collfftion ( I ndianapolis: Lilwrty C las�i,·.� - 1 988 1. pp. :;2 1 -:;22 . " 1 John Adams . "'To thP Oftirf'rs of thP First Brigadf' of thl-' Third Divi:-ion of thf' Militia of Massachusf'tts . 01·tolwr 1 1 . 1 798'" in BPnnPtt. O u r Sa cred Hon or ( ,Pw York: Simon & Schuster, 1997), p. 370. s 2 John Adams, "Letter to Za hdiPI Adams. 2 1 J urw 1 7 76'" in William Bennett . op. cit . , p. 371. s :3 Georgt" Washington . .. First I n angnral Addre,-,- :· in (;porgP A IIPn . ed . . oµ. f'it . . p. 462. Whilst the last nwmher,- werP ,;igning it Doctor Franklin look ing towa rds tht' P resident's Chair·. at the hack of which a ri,-ing ,; u n happeni>d to be µ ainted. ohservf'd to a few memhers 1wa r him. thf' Painti>rs had fou nd i t difficult to distinguish i n their al"t a rising from a ,;etting ,;un. · ·I h a w : · said he, '·oftf'n and often in the eourse of the Session . and the vicissitudP;; of my hopes and fears a s to its is,;ue. looked at that hi>hirul tlw PresidPnt without being able to tell whetlwr it was risinl! or ,wtting: But now at length I havf' the happiness to know that it is a rising and not a setting sun." Jamt's M adison, Notes o_f Debates in the Federal Co11 t >e11 tio11 o_f I ;-R ;- (\ew York : W. W. Norton and Company, 1966), p. 659. "" M a x Farra nd. t-'d. , Th e Records of the Federal Cor1 1·e11 tio11 of 1 -;'8 ;". rn. ed. , 4 vols. (New Haven, CT: Yale University Press, 1966) , "ol. 3, p. 85.

Chapter Four: A Religious Theory of Rights

1 Alexis de TocqtwvillP. Democra cy in A m e rica . Ptl. J . P. Ma y e r. tram,. G . Lawrence (New York: Anchorbooks, 1969), p . 450. 2 H ugh Nolan , Pd. , Past oral Let ters o_f the Cn ited :-itates Catholic Bishops : vol. I : 1 792-1 9-J.O ( Washington . D . C. : ll nitPd States Catholic Confnt'JH't'. 1 983 ) . µ . 228. I f Wt' rt'gard the Bill of R iµ;ht,- as a Vt'rhal portrait of .. the Pt>ople of the United States ."" what do Wt-' st'e '! Sta rting wi.t h the opening words of tlw First A mt•nd1pt'nt, Wt' sef' that this i,- a pPople who takes religion very sniously.

NOTES TO CHAPTER FOUR

209

seriously enough to insist that all Americans be free to choose how they will worship , if they choose to worship at all ; who cannot be required to follow governmental or any other sort of dictate in matters of religion, or be denied the right to follow ancient religious practice, if that is their choice ; who will not seek to impose their religious beli efs or p ractices on others , or allow others to impose their beliefs on them. This i s a people who will insist that their voices be heard , i n speech and print; who will not hesitate to broad­ cast their own opinions , however unpopular, or to hear them from others , no matter how unwelcome they many be; who expect to have much to say about the governing of their nation ; and who will gather together, if and when they so choose, to let the government know, peaceahly hut unmistakably, when they have grievances . Robert A. Goldwin , From Parchment to Power (Washington , D . C . : AEI Pres s ,

1997) , p p . 180-18 1 . 4

Letter "To Henry Lee" ( 8 May 1825) i n Merrill D . Peterson, Jefferson: Writings

(New York: Library of America, 1984) , p . 1502 . 5 J ohn Adams , "A Dissertation on the Ca non and Feudal Law," in Geo rge W. C a rey, e d . , The Political Writings of John Adams ( Was hingto n , D . C . : Regnery Publishing, 2000), p. 19. 6 7

Ibid. Instead of establishing religion, the founders established religious freedom, and the principle of religious freedom derives from a non-religious source . Rather than presupposing a Supreme Being, the institutions they established presuppose the rights of man, which were discovered by Hobbes and Locke to exist prior to a ll government - in the state of n ature to be precis e . To secure these rights , men must leave the state of n ature, which they do by giving their consent to civil government . Nevertheless , the rights presup­ pose the state of nature, and the idea of the state of nature is incompatible with Christian doctrine. According to Christian doctrine, "the first and great commandment" is to love God , and the second , which is like unto it , is to love one's neighbor as oneself. In the state of nature, however, man is not obliged to love anyone, hut merely to p reserve himself and , what is more to the point , "to preserve the rest of mankind [only] when his own preservation

comes not in competition." Walter Berns, "Religion and the Founding Principle ," in Robert H . Horwitz , ed . , The Moral Foundations of the American Republic ( C h a rlottesvill e : University Press of Virginia , 1986), pp. 204-229, at 215. 8

Michael Zuckert , The Natural Rights Republic (Notre Dame: University o f Notre

Dame Press, 1996). 9

Michael Zuckert, "Founder of the Natural Rights Republic," in Thomas S . Enge­

m a n , Thomas Jefferson and the Politics of Nature (N otre Dame: N otre Dame University Press, 2000), pp. 1 1-58.

2 10

O N T W O WINGS

10

lbid., p. 1 7.

1 1

Thuf'ydidt>s, ThP PPlopon11Psian Wa rs ( :\t->w York : Modnn Library. 1 9:i l ) . p.

33 1 . 12

Quott>d in Forrt>sl McDonald, .\ovm Urdu Seclorum : ThP In tellectual Origins of

the Constitution (Lawrence: University of Kansas, 1985), p. 9. 1 3 Tocqueville, op. cit. , p. 288. 14 John Locke, Second Treatise of Government, chap. II, para. 6. 15 Zuckert, 1996, op. cit. , pp. 1 1 9-122. 1 6 Ibid . , p p . 13-39. 17 Ibid. , pp. 151-152. 18

Zuf'kt>rt disf'usst's tht' rt'st'arf'h hy Alif'P B aldwi n . ThP ,\p u· England Clergy

and The American Revolution ( Durham. l\C : F. l"ngar. l 9:i8 ) and Claudt> '.\t'wlint'. Philosophy and Religion in Colonial A merica ( N t>w York : Gn:'t'nwood Prt'ss. 1 962 ). He argues that tht'se scholars sug�wst that Locke ·s infhwnct'. PS {Jt'f'ially as regards the political messagt' of the prt'achers. was ovt'rwht'lming. He f'itt>� B aldwin . who wrote that "all through tht' Nt'w England colonie,- tht' ministt'rs wert> ht'lping to spread the tht'orit's of tht' philosophns and t o givt' tht'm rt'ligious sanctions . ·· This caused a dramatic nt'w opt'nnPss to ··Natural Rt'ligion :· which was philos ophif'al more than Sf'riptural. More ref't'nt scholarship come,.; to a similar conclusion. which Zuckert summarizes as follows: Dworetz finds [ in Um1arnished Doctrine: Locke. Libera lis m . a n d the A mer­ ican Revolution ( Durham: Dukt' l'niwrsity Press. 1 990 ) ] that the ministt'rs rnme early to Locke - well before 17 63 - and their constant preaching of him made his political ideas thoroughly familiar to the Amerirnn puhlif'. regard­ less of wht'ther tht' lattn had rt'ad Lockt' or not . .. Most Amt'ricans hdort' and aftt'r 1 763 . and especially in New England. · absorlwd' Lockean political ideas with the Gospel." lbid. , p. 151. 19

Ibid . , p p . 1 56- 1 5 7 . St'e John Lockt' . Tu·o TrPaties of Goi·ern men t ( N t>w York :

Tht' Nt'w Anwrif'an Lihrary. l 96:) ) . p p . 1 79 and 1 84. for rt'frrt'nce,.; to Bt'llarmint'. Thnt' is rt'ason to ht'lit'vt' Lockt' was familiar with S mirn ',.; work . St't' the i ntro­ duction hy W. von Lt'ydt'n to John Lockt' . Essays Clarendon Press, 1954) , pp. 36-37. 20

011

thP La u· of .\ a t 1 1 rP ( Oxford :

I am not ignorant that hy --Jaw t'tt'rnal" the lt'arnt'd for tht' most part do understand tht' ordt'r. not which God hath t'lt'rnally purpost'd him1wlf in a ll his works t o ohst'rVt' , hut ratht'r that whif'h with himst'lf llt' hath set down as t'Xfwdit'nt to ht' kt'pt by all his crt'atures . according to tht' st'veral condi­ tions whert'with he hath t'ndut'd t llt'm. They who thus art' accustomed t o speak apply tht' nanlt' o f l a w unto that only rule of working which supnior

NOTES TO CHAPTER FOUR

211

authority imposeth; whereas we somewhat more enlarging the sense thereof term any kind of rule or canon, whereby actions are framed, a law. Now that law which , as it is laid up in the bosom of God , they call Eternal, receiveth according unto the different kinds of things which are subject unto it differ­ ent and sundry kinds of names. That part of it which ordereth natural agents we call usually Nature 's law; that which Angels do clearly behold and with­ out any swerving observe is a law Celestial and heavenly; the law of Reason, that which bindt>th them, and is not known but by special revelation from God, Divine law; Human law, that which out of the law either of reason or of God men probably gathering to be expedient, they make it a law. All things therefore, which are as they ought to be, are conformed unto this second law eternal; and even those things which to this eternal law are not conformable are notwithstanding in some sort ordered by the first eternal law. For what good or evil is there under the sun , what action correspondent or repug­ nant unto the law which God hath imposed upon his creature s , but i n or upon it God doth work acc ording to the law which himself hath eternally purposed to keep; that is to say, the first law eternal? So that a twofold law eternal being thus made, it is not hard to conceive how they both take place in all things. Wherefore to come to the law of n ature: albeit thereby we sometimes mean that manner of working which God hath set for each created thing to keep; yet forasmuch as those things are termed most p roperly natural agents , which keep the law of their kind unwittingly, as the heavens and ele­ ments of the world , which can do no otherwise than they do ; and forasmuch as we give unto intellectual natures the name of Voluntary agents , that so we may distinguish them from the other; expedient it will be, that we sever the law of nature observed by the one from that which the other is tied unto. Richard Hooker, Ecclesiastical Polity ( Great Britain : Carcanet Press, 1 990), Book I, pp. 40-41. 2 1 Acton summarizes as follows: Gregory VII had begun the disparagement of civil authorities by saying that they are the work of the devil ; and already in his time Loth p arties were driven to acknowledge the sovereignty of the people, and appealed to it as the immediate source of power. Two centuries later this political theory had gained both in definiteness and in force among the Guelp h s , who were the C hurch pa rty, and among the Ghibellines, or Imperialists . Here are the sentiments of the most cele­ brated of all the Guelphic writ ers : "A king who is unfait hful to his duty forfeits his claim to obedience. It is not rebellion to depose him, for he is him­ self a rebel whom the nation has a right to put down . But it i s better to abridge his power, that he may he unable to abuse it. For this purpose, the whole nation ought to have a share in governing itself; the Constitution ought to combine a limited and elective monarchy, with an aristocracy of meri t ,

212

O N TW O WING S and such an admixtu rt' of dt'mrn-ra,·y as sh all a dmit all classt's to offict'. h y popular t'lt'ction. No govt'rnmt'nt h a s a right t o lt'V)' taxt's lwyond tlw limit dt'tt'rmint'd h y tlw 1wopl1·. All politi1·al authority is dt'riwd from popular suf­ fragt' . and all laws must lw m a d t' by tlw 1 woplt' or tht'ir rt'Jfft'St'ntativt's. Tht•rt' is no st'1·11 rity for us as long as Wt' dt'Jwnd tlw will of anotht'r man. "' This languagt'. whi,·h ,·ontains t lw t'arlit·st t' Xposition of tht' " ' hig tht'ory. is takt'n from tht' works of St. Thomas A quina" . of whom Lord Bar-on say" that lH' had t lw laq!;t·st }wart of tht' sc hool divint's. And it is worthwhil., to obst'rVt' that lw wrott' at tlw Vt'ry momt'nt wht'n Simon dt' :Wontfort "um­ moiwd tlw Commons : and that tlw p o litiw of tht> Rights of Briti,.h Anwrica :· in Th omas ]ef{erwn : lf "r it­ ings, ed. MHrill D. Pt>ten,on ( N ew York : Library of Amnica. 1 98--l ) . p. 1 2 2 . :i s Quott>d in Russf'il Kirk . Th e Co11sen·a t i i-e Constif ll t ion ( " a shington. D . C. : Regnery, 1990), ch. 6, p. 8 1 . :H, O n tht' power o f this tht>nw . Sf'P M a tt lww :- p aldinl! and Patrick J . G arritv. .-1 Sacred Union of Citizens (Lanham: Rowman & Littlefield, 1996). :J7

Washington. . . lwlit>vt'd that thP formation of ading trait,- in it:- charactPr. Tht' sm-res,- of the Anwrican ex1wr­ iment in st"lf-govt'rnnwnt would rt>quiri> good law,- anti good citizpn,-. and Washington st>t out to P:-ta hlish a nation of both. The wa � to do ,;o. lw con­ rludt>d. was to t>st ahli,-h 1·ightly from the very ht>ginning not only a sen"f' of

character as a nation but also a nation of character. . I bid . . pp. 1 0- 1 1 . See also ntly or hettPr. It was . and is, an anach ronism to assume that the Founders read Locke through the eyes of Strauss !

'·Aristot!P and LockP in the AmPrican Founding:' Cla remon t ReviRu: , Winter 200 1 . p. 10. 41

For a defonst' of Lockt' against the charges of flatnpss and insipidity. sPe Thomas r

G. West , "John Lockt', PhilosophPr of the Founding A.ml T h _y lf'e Should Be Gla d

H e Was" ( unpublished paper prPsented at Amnican EntnprisP Institute at the John Courtney Murray lecture), October 4, 2000. 42

Our contemporaries are naturally l i ttlP disposed to belief. but once they accept n·ligion at all , thne i s a hidden instinliirht and accommodation of its inhabitants. A sucf'es,-ion of navigahlP watPrs forms a kind of chain round its honlPrs. as if to hind it togt>thPr: while the mo;;t nohlt> rivers in the world, running at convenient distanct->s. present them with high­ ways for the easy communication of friendly aids and the mut u al transportation and exchange of their various commodities. With equal pleasure I have as oftf'n taken not ire that Proi·idence has !wen pleased tu give this one connectf'd country to onf' united pt'ople - a people desf'el1{led from thP same ancestori-. speaki n� tht- :-anw languagt'. professing the same religion. attachnl to the samt' pri1ll'iplt->s of governmt-nt . very simi­ lar in their manners and f'Ustoms. and who . hy tlwir joint f'ot111sel:-. arms . and efforts , fighting side hy side throughout a long and hlood� war. have nobly established their general liberty and independence. This country and this p eople seem to have been made for each other, and it appears as if it was tht- design of Pro i·idence th a t c111 inheri ta n ce so proper and con venient fo r a band of brethren . u ni ted tv each other by the strongest ties, shoul C i t y : :\ mPri­ l'an Book D i s t r i b u t o rs . ) ()()() ) : t lw t h i n l is i n t rod 1 1 1 ·t'd b � l >ou;. d a � L11 1'ton ( '\ Pw Yo r k : l l 1• 11 r v H o l t 1..\: C o . . I 99:i ). Tlw�,· \\ o r d � o f .l 1·fft.r�o11 w,·n· t a k 1 ·11 from t ill'

introduction by F. Forrester Church, p . viii. 1 1

·• Viq.6 nia l >Pdarat ior t of H i .1.d1 1 ,.." ' ( 1 2 .l 1 1 1 w 1 7 7(1 ) . fo und in Philip B . Kurl a n d a n d

H a l p h L,· rnPr. t " d s . . Th,, f'11 11 11 d1• r.� · Co11stit u t i1111 ( C h il'a!,!o: l ' n i \ t 0 l'�i 1 � o f C h i " a /!o

Press, 1987), vol. I, p. 7. But l w fort' W t ' st•t· how C o n /!n· � � - � d r aft i n g ( ' o m m i t lPt' a n d t lw 1 · o m m i t t 1 ·1· ·s d 1·sig n a t 1•d d r a fhmt•n p u t l o!,!t'l lwr· t lw l >Pd a 1· a t i o n t h a t C o n )!rt·�� t o o k u p on J u l y 2 . i t 's worth o u r whi t ,, to � t o p and 1·, a m i 111· t lw o t lwr .. D,·1 · l a 1· a t ions

of Independence" that Americans in colonies (or, as they soon became , s t a t p s ) a n d l o l' a l i t ics a d o p t t·d l w t w 1·1·n \ p r il a n d .I u l y 1 7 7 6 . of \\ h i d1 \ i r­

ginia 's was one among many. There are, in fact , at least ninety documents in t h a t calt'go1·y. and p t> rhap� still mor•p \\ a i t i n !,! lo lw fo und . \Io�t han· l wPn forgottt'n u ndt'r tlw i n tl11Pn1·1· o f our n a t ional ob s,·�� ion \\ i t h --1 J11·" l h·dara­ tion o f l 11 t l q w n d 1·nl't' . alt ho u!,!h t lw bulk o f t ilf'm Wt' rt ' p u b l i � iw d a l m o�t a ct'nl u ry a n d a h a l f a/!o, s,· a t l t'rl'd t h n , 111,!h t ilt' p a !,!t·s of Pf' !Pr Fo tTP ·� , ol u ­

minous American Archives. P a u l i 1w M a i Pr. A m e rican Scrip t u re : lfo k i 11p. t h f' Dedu ra t io n of l n dep en de11re

(New York : Alfred A. Knopf, 1997), p. 48. u For Lonergan \ v i,·w on common sens,• . st•e his C h a pter \ I . --common �e nst• a n d .. T l w l'ha ptPrs t"ont a i n

I t s S uhj Pct" a nd C h a p t ,·r \' I I . ··Common � ,·ns,· as Ol,j p1•t .

a ge1wral d is,·ussion a n d finish w i t h t lw t n· a t m,•n t o f i t s hias ( w,• a k ness l . l i e dPlinPs

common sense as follows: w·t' h avt' workt'd towanl t lw notion of common s1 ·ns1• as an i nl t'll1·ct u a l dt'n•l­ opnwn t . N a t u r a l l y t'n o u l! h . t h ,·n· w i l l a r is ,· t h t' q u ,·s t i o n of t lw p 1·pcisP i nvt'ntory of this public store. How dot's it dctin,· its lt"nns'I \\ h a t a rt' its pos­ t u l a t t' s � W h a t a n• the corw l u s i o n s it i n fprs from t lw p n · m is,•s ·t B u t if t ilt' qtwst ion is ohviou:- Pn ough . t ill' a nsw,-r is nwn· d i lli,·ult . For t lw answ,•1· l'P:-ts on ont' of thosp quet'r i n s i !,! hls t h a t m 1•n•l� l!ntsps t ill' fa lsP supposit ion of t ilt' arcl, An Economic Interpretation of 17

the Constitution of the United States (New York: Free Press, 1965). 18 See Leo Pfeffer, Church , State, and Freedom ( Boston : Bearon Pre s s , 1 953) , a n d God, Caesar, a n d the Constitution: The Court a s R eferee of Church-State

Confrontation (Boston: Beacon Press, 1 975). 19

For a brief discussion of this '"new class ." see The American Vision: A. n Essay on

the Future of Democratic Capitalism: Since World War IL great changes in the American social order have altered the domestic balance of power. Even a short time ago there would have heen widespread agreement with C alvin Coolidge ·s sentiment. ··the business of America is business. •· Since World \'far I I . a new social class has emerged whose main business is not business. The fact that there is such a class - the intellectual class. or more exactly. the class whose power hase lies in ··the knowledge industry" and in the State - is not new. But two powerful changes have recently raised the status of that cla :-s : ( I ) it has grown enormously i n numbers, hoth in its leadership cadres a n d i n the millions o f citizens whose cause is linked with theirs ; and (2) simultaneously. powerful instruments of social change have emerged which are perfectly suited to its own needs and purposes. These are the national media of communication. especially televi­ sion and radio, hut also the national news magazines, and the major national organs of daily nt>ws. These two changes have critically affected the nation ·s self-understanding. The "rules of the game" have been changed. (Washington, D . C . : AEI Press, 1978) , pp. 29ff. 20 See Lionel Trilling. Beyond Culture: Essays on Literature and Lea rning ( l\'ew York : The Viking Press, 1968). Trilling 's is the classic tt>xt identifying a specific ··adversary culture" within U . S. culture , a culture that now governs the mainstream in the universities. the magazint> s , movies. a nd television. Coincident with its rise is the gra d­ ual rollapse of tlw prt>stige o f sciPntific a n d technical Plites . and e v e n of thP idea of progrt> ss. This ad versary culturP celehrates the antibourgeois virtues. By its own innermost intention. it defines itself a!{ainst the common culture. It has incrPasingly lost its connection with ordinary people. whom it is inclint>d to scorn. They are religious . but the adYersary culturp is not. More than 100 million Amt>ricans attend church or synagogue pvery week­ end, hut tht' so-called po pular culture of Hollywood and televisio n is ignorant of this powerful vein of popular life .

NOTES TO CHAPTER FIVE

223

Michael Novak, The Catholic Ethic and the Spirit of Capitalism (New York: Free Press, 1993) , p . 2 1 1 . 2 1 In a forthcoming study, "Ministers of Reform and the Gospel of Progress," Matthew Spalding argues that the Social Gospel Movement was less a justification of progressive reforms and more a deeply problematic and widely influential rein­ terpretation of theology that embraced the methods of the new social sciences , in particular the new economics (which tended socialist) and Social Darwinism (which undermined original sin, among other things), and was anti-capitalist, pro-statist and de-emphasized personal moral responsibility. 22 Gordon Wood, The Creation of the A merican Republic (Chapel Hill : Univer­ sity of North Carolina Press, 1968), pp. 273-282 . 23

Catholics , in particular, highly value the emphasis on the human duty to wor­ ship God in the American approach to religious liberty. John Noonan in a chapter called "James ( sic] Maritain Loves J ames Madison" describes how the French philosopher came to see that the "constitutional arrangements of the United States" are of "exceptional his toric significance" and how Maritain's views came to influence the Catholic embrace of religious liberty. Noonan argues that the Sec­ ond Vatican Council followed the analysis of the American arrangements advanced by Jacques Maritain and J ohn Courtney Murray, S . J . , in defining religious lib­ erty quite carefully: Religious liberty, the report continued, does not entail "indifferentism," as though it makes no difference what one believes , nor freedom from the human obligation to God, nor the relativism of truth , nor pessimiss imus dilettantismus , that one has a quasi-right to be content with one's uncer­ tainty as to religious truth and no need to search and struggle to discover it. The Fathers of the Council were asked not to take religious liberty in any of these senses. What did the term mean? Two things: positively, "the right of the human person to the free exercise of religion according to the dictate of the person's conscience"; negatively, immunity from all external coercion in such matters . Affirming the existence of religious truth and the duty to seek it, the report asked the Council to assert the inviolability of the person in relationship to God. The Lustre of Our Country (Berkeley : University of California Press , 1998), pp. 336-342. 24 See, e.g. , Niebuhr's discussion on "Having, and Not Having, the Truth" in The Nature and Destiny of Man (New York: Macmillan, 1943). My own brief summary of this long passage in Niebuhr is as follows: "There is always some truth in the errors of others and some error in my truth. The standard of evidence is beyond all of us. We need to listen hard - even where we would rather not listen - to learn all that we might learn about reality, especially moral reality." On Cultivating Liberty, Brian Anderson, ed . (Lanham, MD: Rowman & Littlefield, 1999), p . 2 5 .

224

0 N TW O W I NGS

2s

J amt's Madison. "MPmorial and RPmonstranl't' Against RPligious AssPssnwnts , . ( 20 JunP l 78S ) . found in Philip B. Kurland and Ralph LPrnn. Pd,, .. The Founders ' Con stitu tion ( Chil'ago : UnivPrsity of Chil'ago PrPs ;, . 1 98 7 ) . vol. .S . p . 82. Compare

the Virginia Declaration of Rights in 1 776: That RPligion . or th,· duty whil'h Wt' owP to our Crea tor. and thP man nt'r of discharging it. c·an l w dirpc•tt-d only by rPason and convil'tion . not hy forc-P or violt'rn't'; and . therefon· . all men ar·p t'ty through tht' crt' ation of structurPs of p a rticipation and shart>d rt>sponsibility. Nowadays tht>rt' is a tendt>ncy to claim that agnosticism and

NOTES TO C H A P TE R F I V E

225

skeptical relativism are the philosophy and the basic attitude which corre­ spond to democratic forms of political life. Those who are convinced that they know the truth and firmly adhere to it are considered unreliable from a democratic point of view, since they do not accept that truth is determined by the majority, or that it is subject to variation according to different polit­ ical trends. It must be observed in this regard that if there is no ultimate truth to guide and direct political activity, then ideas and convictions can easily be manipulated for reasons of power. As history demonstrates , a democracy without values easily turns into open or thinly disguised totali­ tarianism. Nor does the Church close her eyes to the danger of fanaticism or funda­ mentalism among those who , in the name of an ideology which purports to be scientific or religious, claim the right to impose on others their own concept of what is true and good. Christian truth is not of this kind. Since it is not an ideology, the Christian faith does not presume to imprison changing sociopolitical realities in a rigid schema, and it recognizes that human life is realized in history in conditions that are diverse and imperfect. Further­ more, in constantly reaffirming the transcendent dignity of the person, the Church's method is always that of respect for freedom. But freedom attains its full development only by accepting the truth. In a world without truth, freedom loses its foundation and man is exposed to the violence of passion and to manipulation, both open and hidden. The Chris­ tian upholds freedom and serves it, constantly offering to others the truth which he has known (cf. Jn 8 : 31-32) , in accordance with the missionary nature of his vocation. While paying heed to every fragment of truth which he encounters in the life experience and in the culture of individuals and of nations, he will not fail to affirm in dialogue with others all that his faith and the correct use of reason have enabled him to understand. Centesimus A nnus (London: Catholic Truth Society, 1991). 28

Furthermore, in the course of this century the Popes, following in the foot­ steps of Leo XIII , systematically developed the themes of Catholic social doctrine , expounding the characteristics of a j ust system in the area of relations between labour and capital. We may recall the Encyclical Quadra­ gesimo A nno of Pius X I , the numerous interventions of Pius X I I , the Encyclicals Mater et Magis t ra and Pacem in Terris of John X X I II , the Encyclical Populorum Progressio and the Apostolic Letter Octogesima A dveniens of Paul VI. I too have frequently dealt with this subject : I specifically devoted the Encyclical Laborem Exercens to the importance of human labour, while in Centesimus A nnus I wished to reaffirm the relevance , one hundred years later, of the doctrine presented in Rerum Novarum. In my Encyclical Sollicitudo Rei Socialis I had earlier offered a systematic reformulation of the Church's entire social doctrine against the background of the East-West confrontation and the danger of nuclear war. The two ele­ ments of the Church's social doctrine - the safeguarding of human dignity

226

0 N TW O W I NG S 1111PW·e - WPl"f' .- los!-'ly joirwd in this 11-' X I . T lw Papal M!-'ssaµ:n, of I J anuary nt d. For tht·y t->\.••f'l all others in th!-' 1wrfrction of tlwir natun· and tlw dignity of their 1-'nd : th!-'� art> ma,-;tt-rs of tlwir a,·ti Y ity and act freely. while others are more acted on than acting. The) react to tht>ir dl-' stiny by tht>ir mn, pro 1 wr a.-t i\·it�. that is I , � k111m i 11g and Im ing God, whereas other creatures show only some traces of this likeness . . .. To bt>gin with . r·alional 1 -rt>at11 1·t>,; art> go\ ._.,·111•d for th,·ir 0\\ n lwrw tit. \\ ht•1·t>a" other creatures are governed for the sake of men. Men are principals, not mPrely instr11nw11t� . . .. But rational 1Tt>at1rr1•� l1cn ,, an affi n ity to tht' w holf' . for. i n a st>nst• . t',ll'h i s all . T lwy ar!-' not madt> for anyorw·s utility. Pro,idenct' dirt>cts rational I TPaturt>s for the wt>lfare and µ;rowth of tht> i n di, i dual per­ son, not just for the advantage of the race. I bid. , pp. 355-356. =� .e; Lord Acton quoit's a lt'xt lw attribut!-'s to Aquinas and a p 1 wnds hi,-; own (' Om­ ments as follows:

NOTES TO C H A P TE R F I V E

227

"A king who is unfaithful to his duty forfeits his claims to obedience. It is not rebellion to depose him, for he is himself a rebel whom the nation has a right to put down. But it is better to abridge his power that he may be unable to abuse it. For this purpose , the whole nation ought to have a share in gov­ erning itself; the Constitution ought to combine a limited and elective monarchy, with an aristocracy of merit, and such an admixture of democ­ racy as shall admit all classes to office, hy popular election. No government has a right to levy taxes beyond the limit determined by the people. All polit­ ical authority is derived from popular suffrage, and all laws must be made hy the people for their representatives. There is no security for us as long as we depend on the will of another man." This language , which contains the earliest exposition of the Whig theory of revolution, is taken from the works of St. Thomas Aquinas, of whom Lord Bacon says that he had the largest heart of the school of divines. And it is worthwhile to observe that he wrote at the very moment when Simon de Montfort summoned the Commons ; and the policies of the Neapolitan friar are centuries in advance of the English statesman's. "The History of Freedom in Christianity," in Lord Acton , Ess ays on Freedom and Power, selected and with a new introduction by Gertrude Himmelfarh (New York: Meridian Books, 1955), p. 88. �

6

Brian Tierney, The Idea of Natural Rights (Grand Rapids: Wm. B. Eerdmans

Publishing, 1997). [ A llthough Thomas himself did not choose to develop a doctrine of subjec­ tive rights, there was nothing in his work that necessarily excluded such a concept. One can add now that the principles of Thomist philosophy and the idea of subjective rights were not only theoretically impossible; they actu­ ally coexisted in the work of Hervaeus Natalis. Moreover this was not just a rare aberration. The combination of a professed Thomism with an accep­ tance of a rights language derived ultimately from medieval jurisprudence was characteristic of the greatest thinkers of the Spanish "second scholasti­ cism," whose works provide the principal link between medieval and modern rights theories. Ibid . , p. 108. The idea of natural rights grew up - perhaps could only have grown up in the first place - in a religious culture that supplemented rational argumenta­ tion about human nature with a faith in which humans were seen as children of a caring God. But the idea was not necessarily dependent on divine reve­ lation, and later it proved capable of surviving into a more secular epoch. The disinclination of some Enlightenment skeptics to regard God's law as a sufficient ground for moral behavior, and the widespread tendency, after Hume, to doubt whether reflecting on human inclinations could yield moral insights, raised new problems about the justification of rights that are still

228

0 N T W O W I N GS m a t t t> rs of dis p u t t' . B u t t l w ap pt>al to n a t u ra l righb l w(' a JTit' mo rt' p rmni­ nent than ever i n the political discourse of the eighteenth century. The d o d ri rlt' of rights ,., lnqwd h� t ilt' t> Xpt>rit>t1 ("(' o f p n-- , iou" ('f-' n t u r i i--,- t u r rw d out to he still of value in addressing the prohlemf.i of a new era. The propo111·11 ts of t i] (' Sl'('ti l a r izf-'d right .� t ilt' o r it•s of t h1· E n l i g h t f-' n nw 11 t h a d o ft f-' 11 fo q.(o t t 1·n t iH· n· 1110 t 1· r o r i gi n s of t h f-' d o d r·i,w,-, t h l' � l'lll h ra (·t·d : l , u t t h P i r dwt oric about t i w 1· ights of m a n !w(·oml's fu ll� intt-lligi l ,)p only w lw n i t i ,., """n as the end product of a long process of historical t>volution. Pl' rlia ps it w otdd lw n1orf-' " a t i ,- f� i n µ; i f t il t' id Pa of n a t u r a l righ t " h a d P n t t>n·d \\ t'stt'rtl politi!'al t hought w i t h a d a t t f-' r of d ru m ,- a n d t ru m p t'I " in so 1111· rt'so11 1H l i 11 µ; p r o n o u n 1·t>mt'n t l i kf-' t il t' \ nwril'an l ) p 1 · l a r a t i o n o f I n d t>1wnd1· 1u·I' or t h t> Frt>rH·h Dt>cl aration of t lw H ighh of \J a n and t i1f' C i t iZ f' n . I n fa l't . th ough . t h is 1·p n t ra l 1·on1·f'pt o f \\·,.,.,tf-'rn polit i(' a l t l1Por� fi n t grt>w i n t o t> x istt'tH't' alm o ,- t impt>n·1-- p t i l , I � in t lw ol,scu rl' glo,-,,-,1',., of t il t' nlt'diP v a l jurists. One might say that , in the works o f the early Decretists, a distinc­ t iv t' m u t ation of t hought a n d lang;ii agi-- 0(·1·11 1-rt>d w hi1·h µ;a, I' ri"" to a v. holl' nt'W SJW!'it's of idt>as. t hl' spt>!'it>s of n a t u ral right " t h l'o rif-';- . l nd i , idual f-'Xam­ p lt>s of tilt' spt>f'il's f'amt' t o v a r� v.i di--ly a flt'r a fpw gl'Ill'ratio11 - . ,-ha1wd b y t lw t>xperit'nf't' of f'h a nging t'nvironnwnt s . In sotnt' lat l'r hi,-t oril'al t' n, ironnw n t s natural rights theories could not survive a t all. Sometimes the seed fell o n stony ground . Sometimes t h e theories that grew up were stuntt>d a n d

deformed . I bid., pp. 343-344. 39 Tierney writes, for instance: C u rrt' n t w r i t ings on t lw right s tlwo rit's of t l w ,- i x t t'f-' n t h - ( · f-' nt u ry � p a n i ,- h aut hors oftt'n assumi--. Pit lwr t hat t lwy fou n d a dol'lrint> o f n a t ural righ t s i n Aquinas a n d simply a p p rop ri at t'd i t . o r t h a t t l w � ·· J w t r a � t>d .. \ q u i n a ,-, b y adopting a doct ri nt' t h a t was oppo,-wd t o hi,- l t'a ('hi nl,!s a n d t ha t w as dt>ri,l'd ultimately from Ockham's nominalism and voluntarism. Both views seem simplistic. Ockham did not invent the concept of natural rights; it had deeper roots in medieval j urisprudence. And the doctrine of subjective righ ts did not formally ront radil'l anything t h at .\quina" wrott' . It 1·p111 a i n s t rut> . th ough. t h a t t lw t>arl i t'r Domini!'an mastt' r h a d 1'!10 st'11 t o P'\('lndt' t hi,-, m1·,rninµ; from t lw S t'Vt'ral dt>ti n i t io n s o f t ht' word ius t h a t h t· p rt'st> n l t'd i n t lw :O, u m m a tlu•olnp;iae. Tlw Spanish Dominicans \HTt' inlt'nt o n n·v ivin!! a nd 1 1 1·opa!!ating t ht> ll'achin�s of t lw grPatt'st ma,.,lt'r of t llt'ir O n l l'r. Tllt'y might havt> dP1·idt>d t o fol low his 1·xamplt> in this matlt'r also. B u t i n t lw conlt'xt of . t ht>ir t i nws , t lwy needed a do!'l ri 1lt' of n a t ural righ t s . a hovt' a l l t o copt' w i t h t lw m o r a l p rohlt>ms raised h y t lw � p a n i s h conqut> s t s i n .\n!t'ri I Y d i ffust' d a n d w a s

NOTES TO CHAPTER FIVE

229

readily available for use by future generations of jurists and philosophers. There is one further point. The Spanish Dominicans were inevitably influenced by an underlying Christian attitude that animated all the scholas­ tic disciplines, an attitude that attributed a unique value to individual persons as children of God, made "in his image . " I n this connection they often quoted scripture, especially the first chapter of Genesis ; but, by draw­ ing on a juridical tradition that derived natural rights and natural law from human rationality and free will, and by appealing to Aristotelian philoso­ phy (when it suited their purpose), they also showed how a doctrine of natural rights might be constructed without any overt dependence on Chris­ tian revelation. I bid. , pp. 286-287. 40

The history of natural rights theories can best be seen as a series of creative responses to a variety of past experiences. I have been emphasizing that, in discussing this history, we need to consider a sequence of changing contexts, sets of contingent circumstances that no one planned or foresaw. But I do not want to argue that the whole story of natural rights is just a chapter of his­ torical accidents. The point is rathn that, once the idea that all persons possess rights had grown into existence, it displayed a remarkable vitality and adaptability and proved relevant to a variety of emerging problems . . . . The medieval idea that liberty is a natural right led on to effective move­ ments for the abolition of slavery only when it was reinforce by humanitarian impulses of the late Enlightenment.

I bid . , p. 345. 4 1 I bid. , pp. 343-344. 42

See Friedrich Hayek, "Why I Am Not a Conservative ," in The Constitution of

Liberty (Chicago: Henry Regnery, 1960), pp. 397-4 1 1 . 4 3 I n a letter t o Henry Lee , i n Adrienne Koch and William Peden, eds. , The Life

and Selected Writings of Thomas Jefferson (New York: The Modern Library, 1972), p. 719. 44 Quoted in Ronald Reagan's " First I naugural Address , " January 20, 1981,

Speaking My Mind: Selected Speeches (New York : Simon & Schuster, 1989), p. 64. Regarding Joseph Warren's role at Bunker Hill, I have learned much from Cather­ ine Drinker Bowen, John Adams and the American Revolution (Boston: Little, Brown, 1950) ; David Ramsay, The History of the American Revolution (1789) , Lester H . Cohen, ed. (I ndianapolis : LibertyClassics, 1990); and Benson Bohrick,

Angel in the Whirlwind (New York: Simon & Schuster, 1997).

230

0N TWO W IN GS

Epilogue: How Did the Virginians Ground Religious Rights:' 1 Consider these two passages: lnstf'ad of t'Stablishinl:! rt'lil,(ion, t lw Foundf'r;- 1·stal1lislwd rt'ligjous frt't'dom. and tlw prinn· dis,·ovt'rf'd by l loblws and Lonl . "t-' \ f-'rtlwlt-' s,-. tht> ri/!ht,., prt-'st1p­ posf' th,· state of nal llrt-' . and the idt'a of thP st al t' of 11 at11rt-' i s inromp atiblP with Christian d , wtr·i rw. A rl'onlin/! to Christian d, wtri,w. · · thf-' first and µ:rf-'at rommandnwnt'" is to l it impossi blP for a Christian to lw a patri otic citizen in the r-lassical !'nsP . From thi,.; time forward. Atlwnian,­ and all otlwr Europt'ans would ban· two masters - onP rivil. t lw othPr er1·le­ siastical - and , to quote Jean-Jacques Rousseau (who , of course , was speaking lwforf' the advPnt of tlw llnited Statt's ) . . . no 1 woplP ha!-< t'Yt' r l wen able to figure out whom it was obliged to obey, the ruler or the priest." * * * Two powers . two sovrreign,;. and a nt-'\ t'r-t-'rnlinl! disputt' m r r j urisdiction there was much in I his history to 1·,mfirm Roussrau ·,_ judgnwnt that a !"01111d constitution was impossible in a Christian state. Walter BPrns . .Wakinµ. Pu triots (Chiral!o : l 1 nin-n.it) of Chical!o Pres s . 200 1 ). pp.

24, 26. :i

Berm does rredit J ohn Witlwrspoon with rPcognizing that religion makes hPtter

citizens: The point has to be made - in fact, it has to be emphasized - that the Foundt'rs did not attempt to dis,·our agt> rPli l! ious heliPL on the contra ry.

NOTES TO EPILOGUE

231

within the limits imposed by their Lockean principles, they intended to pro­ mote or protect it. They did so because they had reason to believe that, in certain important respects , the religious make better citizens than do the irreligious. ... This was surely the judgment of John Witherspoon, who , by any fair reckoning, deserves to be numbered among the Founders of this country. I bid. , pp. 39-40. 4

Maritain preceded his praise for the American Constitution with the following: Paradoxically enough, and by virtue of the serious religious feelings of the Founding Fathers, it appeared, at a moment of unstable equilibrium (as all moments in time are) in the history of ideas, as a lay - even, to some extent rationalist - fruit of the perennial Christian life-force, which despite three centuries of tragic vicissitudes and spiritual division was able to produce this momentous temporal achievement at the dawn of the American nation: as if the losses suffered by human history in the supreme domain of the integrity and unity of faith, and in the interest in theological truth, had been the price paid . . . .

Man and the State (Chicago: University of Chicago Press, 1951), pp. 1 83- 1 84. I n an earlier work, Maritain had found one of the Constitution's Christian forerunners : "Its structure owes little to Rousseau, if I am to believe some Domini­ can friends of mine that this Constitution has rather some relation to ideas which presided in the Middle Ages at the constitution of St. Dominic's Order. " Scholasti­ cism and Politics (New York : Macmillan Co. , 1940), p. 91. 5

Jacques Maritain, Reflections on America (New York : Charles Scribner's Sons,

1958) , pp. 1 80-18 1 , citing Peter Drucker, "Organized Religion and the American Creed," in the Review of Politics, July 1956. 6

Ibid. , p. 181.

7 Ibid. , p p . 182-183. 8

Jacques Maritain, Christianity and Democracy (San Francisco: Ignatius Press,

1986), chapter 4. Emphasis added. 9 Man and the State, pp. 182- 183. Emphasis added. IO

To say that Jefferson advocated religious freedom and the separation of church and state, and to leave it at that, is to miss what was then the truly radical character of his views on religion. Americans, he suggests, no more than the immediate addressees of Locke's writing, are not going to accept a policy of freedom and separation, or of toleration ( and Jefferson made copi­ ous notes and significant use of Locke's Letter Concerning Toleration), until they can be persuaded to accept the ground of this toleration, and the ground of this toleration is the opinion that traditional Christian doctrine is false. When it is shown to be false , and when the truth of this falseness is , "hy

232

0 N T W O W I NGS tht> light of scit>nc t> . " :-,prt> ad among tht> mas,- of mankind. it will l w possible for mt>n to atta1·h tlwm:-,t>lvt>s mort> fi rmly to tht> µ:od of tht> D t>d a ration of l ndt> pt>1Hlt>n - .. Naturt> ·s God"" - and tlw rt>ligious problt>m will lw sol v t>d and frpe µ:ovt' rnnwnt st>1· 11 rP . Hut J t•fft>r:-,on 1·irnd att>d tlwst> opinion:-, only among a few of his correspondents.

Berns, "Religion and the Founding Principle," pp. 221-222. ··Upon tlw s11bsidt>11ty l w !'omin/! oub pok t> 11 . Patrick Hni ry. wt>ll awan · of his asn·ndan,·y in t lw Houst> o f D1•Jpga 1 t·s. found it 1 1

,wason alilt> to pn·ss for 1·0111111011 support : and. )alt' in 1\1 ay. 1 784 . ht> hroa,·ht>d his .. proposal with customary t>lo1pwn,· t> . l\1anin K . Sinµ:ll'l on. ··Colonial Virginia :h First Anwll(lment M atrix : l lt>nry. M adison . arnl \s,w,-:-,mt> nl EstabJi,,hnwnt."" James Madison on Religio u s Liberty. Ptl . R o lw,·t S . -\llt>y ( Buffa lo. '\ \ : P romt' lht>U:-, Books, l 98S ) . p. 1 6 1 . S t>e also John T. .:\oonan. Jr .. who rt>prndu1·t>s J amt'." :\1adi­ son 's nott's from tlw Virginia dt> balt's in The [,ustn-' of Our Coun try ( Lo,; AngPIPs. CA: The Regents of the University of California, 1998), pp. 61-65. 12

]t>fferson thought that trut' rt>ligiou:-, lil wrt� rt>1_p 1irt>d both tlw dis Pqablish­ ment and tht> frt>t> t'Xt>rci;.; t> of rt> ligion . Tlw statP. lw in,;i,,frd. should 1,-ri vP no special aid, support, privilege, or protection to any religion . . . should refrain "from intermeddling ... with religious institutions, their doctrines, disci­ plinP. or t'XPrcist>,- .. :· [ andl ,;hould rt> :-J Wligions. On tht> ont> hand, ht> said. t'YPry polity must t•:-,tahli,-h I , � law somt' form of puhlic rt>ligion . sonw imagt> and idt>al of itsPlf. :-,omp 1·ommon ,·aluPs and bt>liefs to undt>rgird and support t lw pluralit� of pri, att' rt>ligions. Tlw notion that a state and socit'ty could 1-Pmain nPutral and purgPd of an� rt>li­

gion was, for Adams, a philosophical fiction. John Witt t> . . Jr. : '·A M ost Mild and EquitablP Estahlishnwnt of RPligion·· in R eli­ gion and the .'\'err Republic ( Lanham . M D : Row man & LittlPfit>ld. :WOO ). pp. 2-:{. 13

ThP Body Politic or tlw Politirnl Society is tlw whole . ThP S ta tP i:,; a part tlw topmost part - of this wholP. Polit ica l Society. n-quirPd h� naturt' a nd achieved by reason , is the most perfect of temporal societies. It is a con­ crPtely and wholly human realit� . tt-ndinµ: to a l'olHTt't t> ly and \\ holly huma n good - t h e common good. It i s a work o f reaso n , born out of t h e obscure efforts of rPason disPngaged from instinl' I . and impl) ing t>sst>ntially a rntio­ nal order; hut it is no morP PurP R ea,- on than man himst>lf. Tht> hody politic has flt>sh and hlood . insti1H'ts. passions. reflPxPs. 1mconscious psychological strucl lir t> s and dynamism - all of tlwst' subj t>ctt>d. if n t>cessary hy legal con­ cion , to the 1·ommand of a n l l'isions. Justict> is a primary co ndition for tlw existp111_·p of the hod) politic . but Frie ndship is iH vt>ry lifP-giving fo rm . I t I P ll (ls Iowan! a rPally hum a n a nd frt>t>ly achiPved com-

N O T E S T O E P I L OG U E

233

munion. It lives on the devotion of the human persons and their gift of them­ selves. They are ready to commit their own existence, their possessions and their honor for its sake. The civic sense is made up of this sense of devotion and mutual love as well as of the sense of justice and law. I n contrast, "The State is only that part of the body politic especially con­ cerned with the maintenance of law, the promotion of the common welfare and public order, and the administration of public affairs. " Maritan, Man and the State, p p . 1 1 , 1 2 . 14

"That no free government , or the blessings of liberty, can b e preserved to any

people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles. " The Virginia Dec­ laration of Rights, p. 15. These four texts are to he found in Philip B. Kurland and Ralph Lerner, eds. , The Founders Constitution (Chicago: University of Chicago Prt>ss, 1987), vol. 5 , p p . 3, 77, 82 , 84 respectively. 15

16

Although general assessment laws were Pnacted in Massachusetts , Connecti­ cut , and New Hampshire, and passed by both houses in Maryland and Georgia, scholars and jurists, in seeking to describe the emerging sentiment in the new American republic about the relationship between church and state, have focused on the one state in which efforts to pass a general assess­ ment plan failed - the Commonwealth of Virginia.

James Hutson, Religion and the Founding of the A merican Republic (Washing­ ton, D. C . : Library of Congress, 1998) , p. 66. 17

Hutson provides several examples of presidential support, by each of the first

four presidents: As commander of the Continental Army, Washington frequently invoked God's assistance for the American cause, often in words that made a deep impression on his fellow citizens. They especially cherished his circular to the chief executives of the thirteen states, June 8, 1783 , announcing his intention to resign his command and praying that God would "most gra­ ciously be pleased to dispose us all, to do Justice, to love mercy, and to demPan ourselves with that Charity, humility and pacific tt>mper of mind, which were the Characteristicks of the Divine Author of our blessed Reli­ gion, and without an humblt> imitation of whosP example in these things, we can never hope to be a happy Nation." * * * Washington's successor, John Adams, who unapologetically called himself a ·'church going animal , " continued his predecessor's policy of offering strong rhetorical support for religion. "StatPsmen ," Adams contendt>d, "may plan and speculate for Liberty, but it is Religion and Morality alone, which can establish the principles upon which Freedom can securely stand." I n his inaugural address, Adams used a well-known phrase from the Declara-

234

0 N T W O W I NGS tion of l n d P p t >nd(•JH' P to i n form h i s ( ' o u n t r y m t> n t h a t .. a d P s wherP.force is used in matttTs of fai t h a n d wors h i p . and st'riousl� rt>flt>ctinl-( upon tlw tt-'mirP of t ht' llt-'W and � p i ritual l!o, ernnlt'nt . and t h a t both Ch rist did not use fo rce and that he did expressl_Y .fi,rbid it in hi,-, holy RPli l,(i o n . as also t h a t t lw Tt·stimony of his h)p,-;,-;pd l\1 t'sst> ngt>rs was . t h at t lw wPapons of the Christian warfare were not Carnall but Spiritual. . . . Therefore, i n reverence t o God the Father of lights and spirits, the A u t hor as Wt' l l as o hj t>ct of a l l d i Y i n P k n o\\ lt'd l-(t-' . fa i t h a n d w o r s h i p . I t!o hnt'by dt'dart' for mt' and myn and establish it fo r the .firs t fu n dmnen tal of the Government of my Country;

NOTES TO E PILOGU E

235

that every Person that does or shall reside therein shall have and enjoy the Free Possession of his or her faith and exercise of worship towards God, in such way and manner as every Person shall in Conscience believe is most acceptable to God and so long as every such Person useth not this Christian liberty to Licentiousness, that is to say to speak loosely and prophainly of God, Christ or Religion, or to Committ any evil in their Conversation [ way of living] , he or she shall be protected in the enj oyment of the aforesaid Christian liberty by the civill Magistrate. Fundamental Constitutions of Pennsylvania, 1682 , William Penn, The Historical Society of Pennsylvania Collection, Philadelphia. Emphasis added . 2 1 Memorial and Remonstrance, p. 1. Emphasis added. 22

Is this not what Maritain meant by the American conception being affected by the "yeast" of the gospels, working their subtle and mysterious way through human thought and history? 23

Ibid . , p. 6. Emphasis added. The term "pre-existed" seems to allude to the eternal knowledge and decision of the Creator, before the beginning of time, much as the "eternal law" pre-existed the "natural law." 24 Thomas Jefferson, Rights of British America, 1 774, ME 1 : 2 1 1 , Papers 1 : 135. 25 Thomas Jefferson, Autobiography, in Kurland and Lerner, eds . , vol 5, p . 85. 26 Reflections on America, pp. 182-183. 27 "Bill for Establishing Religious Freedom," section 1. 28

Berns, "Religion and the Founding Principle," p . 215.

29

Wherefore according to the order of natural inclinations, is the order of the precepts of the natural law. Because in man there is first of all an inclina­ tion to good in accordance with the nature which he has in common with all substances : inasmuch as every substance seeks the preservation of its own being, according to its nature : and by reason of this inclination, whatever is a means of preserving human life, and of warding off its obstacles, belongs to the natural law. Thomas Aquinas, Summa Theologica (Westminster, MD: Christian Classics, 198 1 ) , I-II , Question 94, article 2 . 30

A man is said to love himself by reason of his loving himself with regard to his spiritual nature , so that accordingly, a man ought , out of charity, to love himself more than he loves any other person . This is evident from the very reason for loving: since, God is loved as the principle of good, on which the love of charity is founded; while man, out of charity, loves himself by rea­ son of his being a partaker of the aforesaid good , and loves his neighbor by reason of his fellowship in that good . Now fellowship is a reason for love

236

0 N TW O W I NGS af'cording t o a ('t"rt ain union in rPlation to G od . WhPrPforP j u � t as u n i ty surpasst's union , t lw faf't that man himst>lf has a share in tht' Divine good. is a more potPnt reason for loving than that anothPr should l w a partnPr with him in that shan• . ThPrPforp ma n . out of cha,·ity. ought to lovt' him,wlf mort' than his neighbor.

I bid. , 1-11, Question 26, article 4. 3 1 Berns, Making Patriots, p. 32.

Appendix: The Forgotten Founders 1

William St t'Vt'llS Pt>rry. D . D .. Th e Fa ith of t h e S if.{ n e rs of t h e Declu ration of

Independence (Tarrytown, N . Y.: William Abbott, 1926), pp. 218-221. 2

St>P http: //www. nara . gov/t>xhall/chartPrsh-o nstitution/ovPrY iPw. html . Y i s itt>d

April 16, 2001, 3:30 p . m. :i H is lifPlong friend Roht>rt Troup wrolt' that " [ Young H amilton ] was attPntiw to p ublic worship. and in tht' habit of praying upon his knPPS both night and morn­ ing.... I havt' livt>d in thP samp room with him for somt' tinw . and I have oftpn ht>Pn pownfully affrctt>d hy the fervor and doqut>ncp of his prayt>rs. HP had rPad many of the polemical writers on religious suhjPcb. and lw w a s a Zt'alous lwlit'Yt'r in thP fundamental doctrines of Christianity . . .. I conft>ss that tht> argumPnts with which ht> was accustonwd to j ustify his lwlit>f. havt' tt>ndt> d in no small dt>grt>P to confirm my own faith in revealed religion. " John Eidsmot' . Ch ris tia nity a nd t h e Constit u t ion : The Faith o f O u r Fo u n ding Fathers (Grand Rapids, Ml : Baker Book House, 1 987) , p. 154. 4

Ibid., p. 320.

5

Rev. Charlt>s A . Goodrich. Biographies of the Signers to the Decla ra tion of Inde­

pendence (New York: W. Reed, 1829). 6

Ibid.

7

J an1es H. Hutson ') in '"·Jan1t'� Madison and tht' Social l-tility of Rt>li¢.on : Ri�k� , .

RPwards" ( unpuhlisht>d papt>r Jfft'St'ntt>d at t lw John Court 1wy M urray st>minar at tht> Anwrican Entnpri,-t> I nstitutt' ) . nott>;; that i n Federalist .\'o. l U . \'ladison askt>d how "thP public goo d . and privatt' rights" might lw ;;pcurt'd agai n s t t yrannical majoritit's. "Wt> wt>ll know." M adison answt--rt>d . ..that 1withn moral nor rt>ligious motives can lw rt>lit>d on as an adPquatt' t'ontrol. Tht>y art' not found to ht> such on tht> inj ustict' and violPn tht>orit>s which havt' ammwd us with promisPs of a n t'Xt'mption from the

N OT E S T O A P P E N D I X

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imperfections , weaknesses and evils incident to society in every shape? Is it not time to awake from the deceitful dream of a golden age , and to adopt as a practical maxim for the direction of our political conduct that we, as well as the other inhabitants of the globe, are yet remote from the happy empire of perfect wisdom and perfect virtue? Federalist No. 6, in Clinton Rossiter, ed . , Th e Federalist Papers (New York: Men­ tor, 1961), p. 59. 10

"A letter to J ames A. Bayard, April 1 802," Eidsmoe, op . cit . , 146-147 .

1 1 Federalist Papers, op . cit . , pp. 1 10-1 1 1 . L2

"The Farmer Refuted," 1776, cited i n Eidsmoe, op. cit . , p . 145.

13

Joseph J. Ellis gives a dramatic account of this duel , with a clarifying discussion of the historical controversies to which it has given rise, in Founding Brothers: The Revolutionary Generation (New York: Knopf, 2000 ) , p p . 20-47 . His notes are particularly helpful. 14

Christopher Yates , Alexander Hamilton : How the Mighty A re Redeemed (Washington, D . C . : Family Research Council, 2001), pp. 23-24. 1 5 Letter to Mrs. Hamilton, July 10, 1804, quoted in Norman Cousins, ''In God We Trus t": The Religious Beliefs and Ideas of the American Founding Fathers (New

York: Harper & Brothers, 1958) . 16 Matthew F. Rose, John Witherspoon, An American Leader (Washington, D . C . : Family Research Council, 1999), pp. 19-20. 1 7 Ibid. , p. 33. 18

William Livingston assuredly had supporters among the liberal Christian ranks when he held that the more orthodox Calvinist erred in their insistence that "mankind are purely passive in their reformation from vice to virtue. " From the progressive perspective, people were not wholly dependent on "a superior and irre­ sistible agency" that reduced them to "mere machines void of intelligence and free volition." Barry A. Shain, The Myth of American Individualism (New Jersey: Princeton University Press, 1994), pp. 129-130. 19 In 1787 Livingston was selected as a delegate to the Constitutional Convention, though his gubernatorial duties prevented him from attending every session . He did not arrive until June 5 and missed several weeks in July, but he performed vital committee work , particularly as chairman of the committee that reached a com­ promise on the issue of slavery. He also supported the New Jersey Plan. Later, he spurred New Jersey's rapid ratification of the Constitution ( 1 787). The next year, Yale awarded him an honorary doctor of laws degree. 20 Robert Ernst, R ufus King: American Federalist (Chapel Hill, NC : University of North Carolina Press, 1968) , p. 291. 21 Letter to daughter Betsy, 20 August 1796 , as quoted in Eidsmoe, op. cit . , pp.

307-308.

238

0N TWO WINGS

22 Dickinson to his fa t h1• 1-. 2 1) :\ ovPmlwr I ;:; L i11 ··Fu nr wr\, LP! tn."· Paul

L.

Ford .

Pd. , Th P Writill,!{S of Joh 11 Did,irrso,r ( Phila d1·lphi a : Tlw l l ist ori,·al S o,·iPt \' of Pt>nn­ sylvania, 1895), p. 265 ; ibid. , p . 307. 2 :{ C itt·d by Paµ:t' Smi t h . Joh n -1tlru11s ( (;anlPn ( : i t y. N Y: Dou hlPday. 1 962 ). p . l 1 1 . 2 1 ·

Dickinson l'i l t'd hy Stanton E \ a n s . Th e TlwmP is Frn,dom ( \\ ashinµ:t o n . D . C. :

Regnery Publishing, 1994), p. 239. 25 Dickinson, op . cit., pp. 326-327. Wo rking his WU) t h rough puhlislwd dt's1Ti p t io n s of o t hPr yf'llow ft'\ f' r f" pi­ d P mi,·s , H u sh fo und ,-.om..- ,·a,-.,•,-. of 1wop l1· who 1·p1·0, 1· r Pc l aft..-r l,Pinµ: µ:i ,·..-n

massive dosps of laxath e . He tried it on some of his own critical patients and lwca11w l'onvirH·t>d a;, th rough a r..-, Platimr t h a t t h i � r- 1..-arn, i n µ: of tht' h,m ­

els was one part of the one , only, and infallible cure. The other was bloodlPtt ing . . . . Slt>t>plt's s . snatl 'i1inµ: mout h ful,-. of food wlwn ht> could . R u s h s a w as m a n y as 1 2 0 patiPn t s a d a � u n d l wa t off m ort' \\ h o d u t dwd a t h i m and bt>ggP1l h i s hPlp as ht> wal kt> d t hP s o m h t' r ,-. t n•f' ! ,-. . H P , · a nw d o w n with t h P

fever himself but recoverPd , sturdily crediting his own treatment for his s u rvival . Tht>n ht' rt'sllmPd hi,-. man-killing ,-.dwdult' . H is , i,-.ihlP r o u ra gt' as well as his pl:'rsistt'nt . if misg11 idP1l . uptimi ,-.111 a t 1 ..- a � t lwlp..-d t o kPPJI pan iisht>rgPr. A merica -Vire ( '.'/Pw York : H a q wr Collins. :W00 1 . p p . 8 1 -82 .

27 Rush's tract continues: In vain will you command your flocks to offer up the incense of faith and c h a ri t y , whilt' tht'y c o n t i n u P to m ing!P t ht> swPat a n d blood of :\t>gro ,..la, t' S w i t h thPir s a l' rifill ll is h m P n ts . a n d w i t h o u t dt' d a r i n � w h a t p u n i :-drn1Pn t awaits this evil, you may venture to assure them, that it cannot pass with impu n ity, unless God 1, /iull cea se to be just or merc((ul. [ Pmphasis a ddt·d J '·On SlavPkPq1in �" ( I 7 7 :{ ) . in William B P nnt't l . Our :-iucred Honor ( � Pw Yor k : Simon and Schuster, 1997), pp. 376-377. 28 "Of t ilt' M odt• of Education Prnpn in a Rt'pul ilil'" ( 1 7 98 ) . i n BP1111Pt l . o p . c it . . pp. 4 12-413.

NOTE S T O A P P EN D I X 29

239

Rush continues: "I f there were no hereafter, individuals and societies would

be great gainers by attending public worship every Sunday. " Goodrich, op. cit. Wilson , in his careful division of law into these categories , displayed his indebt­ edness to the Scholastic-Anglican tradition of Aquinas and Hooker. How closely he followed the Anglican theologian may be seen from the topical index of the first book of Ecdesiastical Polity. Where Hooker speaks of nature's laws and calls them the second law eternal, the law of ''natural things," Wilson calls them simply the "laws of nature," but both terms comprehend the same category and stand in the same relation on the one hand to the eternal law by which God guides his own actions and, on the other, to human law. Page Smith, James Wilson: Founding Father (Chapel Hill, NC : University of North Carolina Press, 1956), p. 330. 31

James Wilson is perhaps the most underrated founder. One of only six men to sign both the Declaration of I ndependence and the Constitution, his influence on the latter was second only to that of James Madison. Wilson also played a central role in the ratifying debates and was the moving force behind the Pennsylvania Constitution of 1 790. Furthermore, as a law pro­ fessor and Supreme Court justice, he produced some of the period's most profound commentary on the Constitution and American law. Yet, in spite of his many historic contributions, and the high quality of his political thought, Wilson has been largely overlooked hy political scientists, historians, and academic lawyers alike. Of the few works on him, most are simply descrip­

tive or too narrowly focused on one particular aspect of his thought. Mark David Hall, The Political and Legal Philusophy of James Wilson, 1 742-1 798 (Columbia, MO: University of Missouri Press, 1997), p. 1 . 32

Ronald Hoffman, Princes of Ireland, Planters of Maryland (Chapel Hill, NC :

Omohundro I nstitute, University of North Carolina Press, 2000). For Charles Car­

roll of Carrollton, see pp. 2 04-205 , 265-266 , 2 8 1 -282 , and 3 5 1 -388; for Daniel Carroll, see pp. 125, 283, 332 ; for John Carroll, see p. 51 . Thomas W . Spalding, The Premier See: A History of the A rchdiocese of Balti­ more, 1 789-1989 (Baltimore : The Johns Hopkins University Press, 1989) . See the

33

Prologue , pp. 1 -4 . Spalding recounts: "Congress instructed Franklin to notify the papal nuncio in Paris that the Roman proposal, 'being purely spiritual, is with­ out the jurisdiction and the powers of Congress, who have no authority to permit or refuse it "' (p. IO). 34

The language of subjective natural rights has become a central, character­ istic theme of Western political discourse. It is important to know when and how the cluster of ideas it conveys grew into existence , what historical con­ text made their articulation possible and their survival likely. The key concepts of the seventeenth-century rights theorists often had medieval ori­ gins. But in tracing out those origins it is not enough to look at Aquinas and Ockham .. .. There are relevant comments for instance in Olivi, Gerson, Sum­ menhart, Vittoria, Suarez, and Grotius.

240

0 N T W O W I NGS

Brian TiP rn t•y. The Ide(/ of \ 1Lt11ral H i!,{h t s ( Atlanta: S « -holar Pn-- s ,- . 1 99 7 ). pp. 88-89. :i:. R o l wrt A. H 11tla1uL Geurf{e .Wa.rn 11 , Rel11 ct a 11 t S t u te s m a n ( B aton R oug P : Louisiana State University Press, 1989), pp. 56-57. 36 Ibid., pp. 59-60. :i-;It is now no mort' that tol P ration i" ;-pok,·n of a" i f it w,·rP tilt-' indulg P n r•p of one class of people that another enjoyed the exercise of their inherent nat­ ural right.� . for. happil� . th,· Co, Pl'lllllt-'nt of th1· l nilt-'d Stall-'" . ½ hir-11 1,.ri, P" to bigotry no sanction, to persecution no assistance, requires only that they who li, P und,·r its prot1•ctio11 ,-hould dPnwan t!lt-'m;- P h P" a" good r·itiz P n " in giving it on all occasions their effectual support. .. .. To t lw H P hrt'w C : ongr P gati on in \p,q wrt 1.\ 11gu"t 1 7 1J0 1 . in \\ . B. \ I IP n . P d. . George Wa sh ington . .4 Collection ( I ndianapo lis : Lil wrty Cla""i1·:-- . 1 988 ). p. :i 1 8 . Compar P tlw l an guagt• b y G P 1>rgf-' Ma,-011 of tlw firs t draft of t ilt-' \ irginia D P clara­ tion: That as R P ligion . or tlw Duty whirh W P ow P to our diYinP and omnipot P n t Crt'ator. a n d thP Mann Pr o f disrharging it . !'an l w govPnlt-'d o n ! � by R t'ason and Convi('tion . not b y Fon- P or \"iolt' ns. And what i" worst'. mankind ma� hPrPaftn from this unfor­ tunatP instanct'. dt>spair of Pstahlishinl,! govnnmt>nts by H uman Wi�dom and leave it to chance, war and conquest. I therefore beg leave to move - that hencpforth prayPrs imploring the assistance to H Pa\ Pn. and it,., li]Pssinl,!� on our dt>lihPrations . lw ht>ld in this As,wmhly t'\ t'ry morning ) ,pfore WP prorPnl to husinPss . and that onP or morP of tht> C lt>rl,!Y of this Cit� he rPqut>,tt>d to

officiate in that service. Ad riemw Koch. t>d. . .\"otes on Deba tes in the Federal Con i·en tion of by James Madison (New York: W.W. Norton , 1 966), pp. 209-210.

r;s-; Reported

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IN D E X

Abbot, Ahiel, 8 Abraham, 7 Acton, Lord , 64, 84 , 185n .29, 2 1 1-2 12n. 2 1 , 227n.35 Adam, 10 Adams , Abigail, 14, 123, 166 Adams , John, 7 , 8 , 10, 14, 33-34, 36, 37, 49, 62-63, 68-69, 7 1-72 , 78, 86, 87-88, 89-90, 127, 1 3 1 , 145-147 , 1 54, 165-1 73 , 1 84n . 1 3 , 1 85n.25, 232n. 1 2 , 233-234n. 1 7 Adams, Samuel, 1 3 , 62 , 146-147 Adams, Zabdiel, 7 1-72 Ahlstrom, Sidney, 236n.61 Allen, Ethan, 3 1 Alley, Robert S . , 232n. l l Alter, Robert, 185n.24 Ambrose, St. , 2 17n.55 Ames, Fisher, 56 Anselm, t., 1 99n . 43 Aristotle, 6, 36, 78, 84, 85, 92 , 107, 142 , 2 1 5n.40 Arnold, Benedict, 45 Aquinas, Thomas, St. , 1 5 , 60, 84-5 , 92-94, 120-122, 141 , 1 5 7 , 160, 185n.29, 1 86-1 87n.33, 212n.21 & n.23, 2 1 5n.39, 2 1 7n . 50, 235n. 29, 235-236n.30 Augustine, St. , 60 B acon, Sir Francis, 28 Backus, Isaac , 204n.25 Baldwin, Abraham, 146 Baldwin, Alice, 210n . 18 Bartlett, Josiah, 146 Bassett, Richard , 146 Beard, Charles, 1 12 , 18ln. l , 204n. 1 7

Bedford, Gunning, Jr. , 146 Bellah, Robert, 8, 182n. 15 Bellarmine, Robert, 84 Bennett, William , 155 Berns, Walter, 78-79, 127, 131, 139-142 , 182n . 2 , 209n . 7 , 230nn. l-3 , 23ln. 10, 235n.28, 236n . 3 1 Berger, Peter, 226n.31 Blackstone, William, 33, 157, 183n. 7 , 196n.23 Blair, John, 147 Blount, William, 147 Bobrick, Benson, 229n.44 Bork , Robert, 197-1 98n. 33 Bowen, Catherine Drinker, 229n.44 , 235n. 50 Bradford, William, 202n. 16 Braxton, Carter, 146, 1 7 5 Brearley, David, 146, 1 75 Broom, Jacob , 146 Browson, H . F. , 2 13n.30 Bruckberger, Raymond, 85 Burke, Edmund, 1 72 Burr, Aaron, 145, 1 50 Bush, George H . W. , 108 Butler, Jon , 196n.25 Butler, Pierce, 146 Butterfield, Herbert, 185n.29 Carey, George W. , 1 84n . 1 8 , 235n.46 Casas , Bartolemeo de las, 122 Caesar, 68, 129, 2 1 7n . 55 Calvin, John, 83, 203n.20 Carroll, Charles, 67, 146, 1 58-160 Carroll, Daniel, 146, 1 58-160 Carroll, J ohn, 1 58-160, 206-207n.40

262

0 N TW O WI N GS

Carter, Jimmy, 108 Cicero, 6, 32 , 36, 78, 85 , 107, 142 Channing, William Ellery, 194n .8 Chase, Samuel, 146, 158 Chesterton, G. K. , 91 Chillingsworth, William, 203n.20 Church, Benjamin, 62 Church, F. Forrester, 206n.33, 220n . 10 Clark, Abraham, 146, 175 Clark, Samuel, 203n .20 Clinton, Henry (Gen.), 20 Clymer, George, 146, 175 Cohen , Lester H . , 229n.44 Condorcet, 169 Confucius, 34 Cooper, Samuel (Rev.) , 1 7 , 37-39, 86 Cornwallis, Charles (Gen . ) , 20 Cousins, Norman, l 94n . 2 , 242n. 62 Crevecoeur, Hector St. John , 85 David, King, 10, 43--44 Dayton, Jonathan, 146, 175 Demosthenes, 32 Dickinson, John, 75, 127, 146-147, 153-157 Dreisbach, Daniel L. , 195n . 13, 234n .37 Drucker, Peter, 128, 23ln.5 Duche, Jacob (Rev. ) , 1 3 , 14 Dworetz, Steven, 21 0n . 18 Eidsmoe, John, 176, 236n.3 Eisenhower, Dwight D., 108, 152 Edwards, Jonathan, 148 Ellery, William, 146, 176 Ellis, Joseph J . , 237n . 13 , 24ln.50 Emerson, Ralph Waldo, l l0 Engeman, Thomas S . , 209-2 10n.9 Ernst, Robert, 238n.20 Evans, Israel, 44, 200n. 59 Falwell, Jerry, 52 Few, William; 146

Ferris. Robert G . , 176 Filmer, Sir Robert, 28 FitzSimons, Thomas, 146, 1 59 Floyd, William, 146, 175 Franklin, Benjamin, 12, 42 , 73, 84, 1 03, 145-147 , 1 54, 158, 173-175, 2 1 8n . 2 , 242n . 63 Gage, Thomas (Gen . ) , 124 Garrity, Patrick, 190n.44, 2 14n. 36 Gates , Gen. Horatio, 1 58 Gaustad , Edwin S . , 194n. l l , 195n . 12 Gerry, Elbridge, 146 George III, King, 12, 1 3 , 1 5 , 34, 38, 157. 166-167 Gibbons, James Cardinal, 91 Gilman. Nicholas. 146 Glendon, Mary Ann, 1 93n. l , 2 14n.33 Glover. T. R .. 185n.22 Golfort , Simon de, 2 1 2n . 2 1 Montesquieu, 6 , 183n. 6 Moore, Bishop (Rev. ), 150 Morris, Lewis, 146, 1 76 Morris, Richard E . , 1 76 Morris, Robert, 176 Morris, Gouverneur, 1 76, 148-149 Morrison, Jeffrey Hays, 186n.32 Morton, John, 146, 175-1 76 Munoz, Phillip, 202n. 14 Murray, John Courtney, 85 , 185n . 29 . 223n.23 Nebuchadnezzar, 38 Nelson, Thomas, Jr. , 146, 176 Neuhaus, Richard John, 226n.29, 31 Newton, Sir Isaac, 28 Niebuhr, Reinhold, 63, 184n . 1 3 , 205n.27, 223-224n.24 Noonan , John . 59-60, 232n. l l Paca, William, 146, 148 Paine, Robert Treat, 146, 148 Paine, Thomas, 2 7, 28, 109, 155, 162-165, 194n.2, 203n .20 Pangle, Thomas, 18ln . l

Parrinµ;ton. Vnnon, 1 1 2 . 1 8 1 . 222n. l 7 Parsons. Tht>ophilus , 204n .26 Parsons, Wilfred, 57 Pascal, Blaise, 105 , 203n. 20 Paterson, William, 1 46 Patton, Judd W. , 220n. 10 Paul, St. , 10, 99-100 Paul XI, Pope, 225n.28 Pelikan, Jaroslav, 20n . 10 Penn, John, 146 Penn, William, 135-136, 234n . 19, 234--235n .20 Percy, Hugh (Gen.), 20 Perkins, John, 1 1 , 185n. 2 7 , 189-190n.43 Perry, William Stevens, 236n . l Peter, St. , 1 0 , 44 Peterson , Mt>rrill D . . 1 83 n . 9 . 185n . 2 3 . 1 96n.20, 22 ln. 14 Pezzimenti, Rocco, 200n.57 Pfeffer, Leo, 1 12 , 222n . 18 Pinckney, Charles, 146--147, 1 75 Pinckney, Charles Cotesworth, 146 Pius XI , Pope, 225n.28 Plato, 32, 142 Plotinus , 142 Plutarch, 6, 183n. 7 Poore . Bt>njamin Pt>rley. l 96n .22 Pope, Alexander, 164 Pulaski, Casimir, 85 Ramsay, David, 19ln.46, 229n.44 Randolph, John, 14, 55 Rawls, John, 5 Read , George, 146 Reagan, Ronald, 108, 229n.44 Rt>hnquist , W illiam (Chief J us ti{'e). 1 10 Richard, Josiah Benjamin, 2 18n .2 Rodney, Caesar, 146 Roosevelt, Franklin, 129 Ross, Gt>orge, 146 Rousseau, Jean-Jacques, 1 2 7 , 139, 230n . 2 , 23ln.4

INDEX Rush, Benjamin, 1 , 34, 36-37 , 97, 109, 127, 145-147, 153-157, 1 65 Rutledge, Edward, 1 3 , 146, 175 Rutledge, John, 146 Sandoz , Ellis, 1 7 , 194n.3 Saul (St. Paul), 10, 99-100 Scotus , Duns , 107, 203n .20 Seneca, 36, 44, 78, 85, 107 Shain, Barry, 63-64 Sherman, Roger, 146, 148 Sidney, Algernon, 6, 7, 32, 36, 160 , 161 , 193n.55, 197-198n.33 Simon, Yves R., 185n.29 Singleton, Marvin K. , 232n. l l Smith, Adam, 161 Smith, James, 146 Smith, Page, 170, 239n.29, 24ln.50 Socinius, Faustus, 203n.20 Spaight, Richard Dobbs, 146 S palding, Matthew, 190n.44, 2 14n.36, 223n.2 1 Spalding, Thomas W. , 239n.33 Stanford, John (Rev. ) , 206n.39 Stevenson, Adlai, 108 Stockton, Richard, 146, 165, 1 75-176 Stone, Thomas, 146 Story, Joseph, 33 Stiles, Ezra, 174, 184n. l 7 Strauss, Leo , 5, 1 3 1 , 198n.34, 2 1 5n.40 Suarez, Francisco, 84-85, 122 , 1 60 Sylvester, Peter, 207n.46 Syrret, Harold C . , 197n.31 Taylor, George, 146 Theodosius, 2 17n.55 Thompson, C. Bradley, 24ln.46 & n. 50 Thomson, Irving L. , 184n . 16 Thornton, John Wingate, 1 7 , 34 Thornton, Matthew, 146 Tierney, Brian, 121-12 2 , 160, 2 1 7n.51 Tocqueville, Alexis de, 31-32 , 39, 41--43 , 45--46, 77, 8 1 , 85, 90-9 1 ,

265

101-102 , 1 19 , 125, 184n.20, 1 85n.26 & n.29, 19ln.48 , 195-196n . 15 , 199n.47 , 207n.42 , 2 1 6n.42 , 2 18-2 19n.4-6 Trilling, Lionel, 222n.20 Troup , Robert, 236n.3 Tucker, George, 194n. 7 Vanderkemp, F. A. , 242n.55 Voltaire, 139, 183n. 6 , 203n.20 von Heister, Philip (Major Gen), 20 Walesa, Lech, 1 1 7 Walsh, James, 1 99n.43 Walton, George, 146, 175 Warren, James, 62 Warren, Joseph, 123-124 Washington, George, 1 , 12, 14, 18-2 1 , 23-24, 29, 30, 58, 67, 7 1-73 , 88-89, 145-146, 150, 154, 158, 162 , 168, 190n.44, 19ln.47, 233-234n. l 7 Webster, Noah, 37 Weisberger, Bernard A. , 238n.26 Weisheipl, James A. , 2 17n.54 West, Thomas G. , 1 82n.3, 193n. 55 , 197n . 3 1 , 197-198n.33, 2 16n.41 Whipple, William, 146 Whitefield, George, 60 Whitman, Walt, 1 1 0 Will, A. S . , 2 16n.46 William of Ockham. 12 1-122 Williams, Elisha, 182n.5 Williams, William, 146, 148 Williamson, Hugh, 146, 148 Wilson, James, 1 , 37, 9 1 , 145-147, 153-158 Wilson, James Q., 22 1-222n . 16 Wilson, Woodrow, 152 Winthrop, John, 82 Witherspoon, John (Rev. ), 14, 15, 16, 17, 18, 2 1 , 52-53 , 86, 89-90, 108, 146-147, 1 5 1-152 , 175-176,

266

0 N T W O W I N GS

186n.23, 187n.35, 1 88n.37, 1 97n. 30, 230-23ln.3 Witte, John, Jr. , 204n.25, 232n. 12 Wolcott, Oliver, 146 Wood, Gordon, 223n.22 Wythe, George, 146 Yates, Christopher, 237n. 14 Zuckert, Michael, 79-85, 2 10n . 18

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