Original Intent: The Courts, the Constitution, and Religion

by David Barton

  When word of the skirmishes in Massachusetts and Virginia reached Connecticut, the General Assembly secretly instructed Colonel Ethan Allen to enlist a group of men to disable Ticonderoga, a British stronghold in New York. Late in the evening on May 9, 1775, Allen and his Green Mountain Boys approached the unsuspecting garrison, quietly capturing the sentries and securing the barracks of sleeping British soldiers. Allen then pushed on to camp headquarters and roused the commandant, Captain De La Place. Allen himself described what next occurred:

  [T]he Captain came immediately to the door with his small clothes in his hand – when I ordered him to deliver to me the fort, instantly. He asked me by what authority I demanded it. I answered him – “In the name of the Great Jehovah and the Continental Congress.”83

  The fort was then handed over to Allen – without the loss of a single life. On June 12, Congress declared a day of prayer and fasting,84 of which John Adams told his wife Abigail:

  We have appointed a continental fast. Millions will be upon their knees at once before their great Creator, imploring his forgiveness and blessing; his smiles on American councils and arms.85

  On June 29, John Witherspoon (soon to become a signer of the Declaration of Independence) and a group of ministers in New York and Pennsylvania issued this admonition to American patriots:

  [T]here is no soldier so undaunted as the pious man, no army so formidable as those who are superior to the fear of death. There is nothing more awful to think of than that those whose trade is war should be despisers of the name of the Lord of hosts and that they should expose themselves to the imminent danger of being immediately sent from cursing and cruelty on earth to the blaspheming rage and despairing horror of the infernal pit. Let therefore every one who … offers himself as a champion in his country’s cause be persuaded to reverence the name and walk in the fear of the Prince of the kings of the earth; and then he may with the most unshaken firmness expect the issue [God’s protection] either in victory or death.86

  On June 30, Congress passed the Articles of War to govern the Continental Army. In it, Congress directed that:

  It is earnestly recommended to all officers and soldiers diligently to attend Divine service; and all officers and soldiers who shall behave indecently or irreverently at any place of Divine worship, shall…. be brought before a court-martial.87

  While calling both the nation and its army to pray, Congress did not neglect its own spiritual duties. On July 19, 1775, it voted:

  Agreed, That the Congress meet here tomorrow morning at half after 9 o’clock in order to attend Divine service at Mr. Duché’s Church; and that in the afternoon they meet here to go from this place and attend Divine service at Doctor Allison’s church.88

  Despite the continuing hostility and armed conflicts, no official separation had occurred between America and Great Britain; the Patriots yet remained British citizens. In July 1775, in another attempt to achieve a peaceful reconciliation, Congress approved “The Olive Branch Petition” which, in a completely conciliatory and submissive tone, pleaded for a full review of the unlawful policies being imposed upon them. By November, word returned that not only had the King and Parliament refused to give any hearing to their request, they had instead imposed a complete embargo against all the Colonies. As word of this rejected reconciliation attempt spread among the people – and as the British continued their military operations against the Colonists – public emotions and anger heightened, bringing action both at the State and national level.

  For example, on the State level, the Massachusetts legislature acted to form its own navy. Even the naval emblems approved by the legislature on April 29, 1776, reflected the religious tone evident throughout the State:

  Resolved, that the uniform of the officers be green, and that they furnish themselves accordingly, and the colors be a white flag with a green pine tree and an inscription, “Appeal to Heaven.”89

  At the national level, on March 13, 1776, William Livingston prepared a Congressional proclamation for a national day of prayer and fasting.90 Congress designated May 17, 1776, as the day for its observance. That proclamation declared:

  The Congress…. desirous … to have people of all ranks and degrees duly impressed with a solemn sense of God’s superintending providence, and of their duty devoutly to rely … on His aid and direction … do earnestly recommend … a day of humiliation, fasting, and prayer; that we may with united hearts confess and bewail our manifold sins and transgressions and, by a sincere repentance and amendment of life, … and through the merits and mediation of Jesus Christ, obtain His pardon and forgiveness.91

  With all channels of reconciliation exhausted, on July 2, 1776, Congress approved in principle a separation from Great Britain. Two days later, July 4, 1776, Congress approved the Declaration of Independence. (At this stage, it was signed only by John Hancock, President of Congress, and Charles Thomson, its Secretary.)

  The fifty-six leaders who approved the separation from Great Britain realized that their struggle against the much superior British military could not be won solely through their own efforts. Thus, in their Declaration of Independence they openly acknowledged the Source of help on whom they would rely:

  “ … the laws of nature and of nature’s God … ”; “ … endowed by their Creator with certain unalienable rights … ”; “ … appealing to the Supreme Judge of the World, for the rectitude of our intentions … ” (emphasis added)

  Then, in the last line of that document, those Patriots announced:

  For the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. (emphasis added)

  The Declaration of Independence was actually a dual declaration: a Declaration of Independence from Britain and a Declaration of Dependence on God.

  This act preserved a lesson for future generations. As explained by signer of the Declaration Benjamin Rush:

  I sat next to John Adams in Congress, and upon my whispering to him and asking him if he thought we should succeed in our struggle with Great Britain, he answered me, “Yes – if we fear God and repent of our sins.” This anecdote will, I hope, teach my boys that it is not necessary to disbelieve Christianity or to renounce morality in order to arrive at the highest political usefulness or fame.92

  The day after the separation from Great Britain was approved, John Adams wrote Abigail two letters. The first was short and concise, jubilant that the separation had come;93 the second was much longer and more pensive. In it, Adams cautiously noted:

  [This day] will be the most memorable epocha in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival.94

  Amazingly, Adams foresaw that their move for independence on the previous day would be celebrated by future generations. Adams told Abigail that the day should be commemorated – but only in a particular manner and with a specific spirit. He explained:

  It ought to be commemorated as the day of deliverance by solemn acts of devotion to God Almighty.95

  On the same day that Congress approved the Declaration, it appointed John Adams, Thomas Jefferson, and Ben Franklin to draft a seal to characterize the spirit of the new nation. Franklin proposed:

  Moses lifting up his wand, and dividing the Red Sea, and Pharaoh in his chariot overwhelmed with the waters. This motto: “Rebellion to tyrants is obedience to God.”96

  Jefferson proposed:

  The children of Israel in the wilderness, led by a cloud by day, and a pillar of fire by night.97

  On July 8th, the Declaration had its first public reading (on the steps outside Independence Hall), and then the Liberty Bell was rung, fulfilling the Bible inscription emblazoned on its side:

  Proclaim liberty throughout the land unto all the inhabitants thereof. LEVITICUS 25:10

  On July 9, the Rev. Mr. Duché was appointed chaplain of Congress98 and shortly thereafter delivered th
is stirring prayer:

  O Lord our heavenly Father, high and mighty King of kings and Lord of lords … over all the kingdoms, empires, and governments; look down in mercy, we beseech thee, on these American States who have fled to thee from the rod of the oppressor, and thrown themselves on thy gracious protection, desiring to be henceforth dependent only on thee; to thee they have appealed for the righteousness of their cause; to thee do they now look up for that countenance and support which thou alone canst give; take them, therefore, heavenly Father, under thy nurturing care; give them wisdom in council, and valor in the field; defeat the malicious designs of our cruel adversaries; convince them of the unrighteousness of their cause…. All this we ask in the name and through the merits of Jesus Christ, Thy Son, and our Savior, Amen!99†

  On that same day (July 9), word reached General Washington in New York that four days earlier the Congress had authorized chaplains for the Continental Army. Washington promptly ordered chaplains appointed for each regiment and then, in his general orders, called on the men to attend to their spiritual duties:

  The Hon. Continental Congress having been pleased to allow a chaplain to each regiment … the Colonels or commanding officers of each regiment are directed to procure chaplains accordingly; persons of good characters and exemplary lives – To see that all inferior officers and soldiers pay them a suitable respect and attend carefully upon religious exercises. The blessing and protection of Heaven are at all times necessary but especially so in times of public distress and danger – The General hopes and trusts that every officer and man will endeavor so to live and act as becomes a Christian soldier defending the dearest rights and liberties of his country.100

  On July 19, the Congress ordered that the Declaration of Independence be engrossed on parchment in beautiful script so that it could be signed by the entire Congress. On August 2, 1776, the members of the Congress placed their hands to that document, signing it in the form which is now so recognizable to the entire nation.

  A year after signing the Declaration – and now nearly a full year into the British embargoes against the Colonies – America began experiencing a shortage of several important commodities – including Bibles. Therefore, on July 7, 1777, a request was placed before Congress to print or import more because “unless timely care be used to prevent it, we shall not have Bibles for our schools, and families, and for the public worship of God in our churches.”101 Congress agreed, declaring: “The Congress desire to have a Bible printed under their care and by their encouragement.”102 The request was therefore referred to a committee of Daniel Roberdeau, John Adams, and Jonathan Smith103 who examined the possibilities and then on September 11, reported to Congress:

  [T]hat the use of the Bible is so universal, and its importance so great … your Committee recommend that Congress will order the Committee of Commerce to import 20,000 Bibles from Holland, Scotland, or elsewhere, into the different ports of the States of the Union.104

  Congress agreed and ordered the Bibles imported.105

  On October 31, in consequence of several unexpected American victories (Bennington, Stillwater, Saratoga, and others), Congress appointed Samuel Adams, Richard Henry Lee, and Daniel Roberdeau to draft a proclamation for a national day of prayer and thanksgiving.106 On November 1, 1777, Congress approved that proclamation, which declared:

  Forasmuch as it is the indispensable duty of all men to adore the superintending providence of Almighty God; to acknowledge with gratitude their obligation to Him for benefits received and to implore such farther blessings as they stand in need of … [to offer] humble and earnest supplication that it may please God, through the merits of Jesus Christ, mercifully to forgive and blot [our sins] out of remembrance … and to prosper the means of religion for the promotion and enlargement of that kingdom which consisteth “in righteousness, peace, and joy in the Holy Ghost.”107

  On December 15, 1777, John Adams reported to Abigail that the direct, open, and frequent intervention of God was evident to most Americans:

  I have had many opportunities in the course of this journey to observe how deeply rooted our righteous cause is in the minds of the people…. One evening as I sat in one room, I overheard a company of the common sort of people in another [room] conversing upon serious subjects…. At length I heard these words: “It appears to me the eternal Son of God is operating powerfully against the British nation for their treating lightly serious things.”108

  That spiritual tone extended far beyond the passing conversation of just the “common sort of people”; it was also evident among the people’s leaders. For example, when the General Assembly of Vermont asked the Rev. Peter Powers to address them in an “election sermon” (a discourse on the application of Biblical principles to civil government), Powers agreed. On March 12, 1778, he addressed the Assembly in a message entitled “Jesus Christ, the True King and Head of Government” based on Matthew 28:18. Powers declared:

  We have renounced the tyrant of Britain and declaimed loudly against monarchial power and have set up a free people. We own no other prince or sovereign but the Prince of Heaven, the great Sovereign of the Universe. To Him we swear allegiance and promise, through His abundant grace, to keep His laws.109

  The General Assembly of Vermont ordered that address to be printed and distributed among the people.110

  Throughout the struggle, the clergy played an important role from both sides of the pulpit. From the back side of the pulpit, they exhorted the people and provided Biblical guidance through numerous topical sermons, election sermons (like the one mentioned above), and artillery sermons (a discourse on the application of Biblical principles to the military). In fact, John Adams listed the Rev. Dr. Mayhew and the Rev. Dr. Cooper as two of the “characters … most conspicuous, the most ardent, and influential” in “an awakening and a revival of American principles and feelings … in 1775.”111

  From the front side of the pulpit, the clergy were often directing the troops as military leaders and officers – as, for example, the Rev. John Peter Muhlenberg. On January 21, 1776, Muhlenberg preached to his Virginia congregation concerning the crisis then facing America. He recounted to them how America had been founded in pursuit of religious and civil liberties and how they were now in danger of losing those liberties. He concluded with these words:

  [I]n the language of Holy Writ [ECCLESIASTES 3], there [is] a time for all things, a time to preach and a time to pray, but those times have passed away.112

  And then in a loud voice, he quoted from verse 8, saying:

  [T]here is a time to fight – and that time has now come!113

  His sermon finished, he offered the benediction, and then deliberately disrobed in front of the congregation, revealing the uniform of a military officer beneath his clerical robes. He descended from the pulpit, marched to the back door of the church, and ordered the drums to beat for recruits. Three hundred men joined him, and they became the Eighth Virginia Regiment.114 Pastor John Peter Muhlenberg went on to become one of the highest-ranking officers in the American Revolution, attaining the rank of Major-General.115 Historian Daniel Dorchester reported numerous other similar incidents:

  Of Rev. John Craighead it is said that “he fought and preached alternately.” Rev. Dr. Cooper was captain of a military company. Rev. John Blair Smith, president of Hampden-Sidney College, was captain of a company that rallied to support the retreating Americans after the battle of Cowpens. Rev. James Hall commanded a company that armed against Cornwallis. Rev. Wm. Graham rallied his own neighbors to dispute the passage of Rockfish Gap with Tarleton and his Britain dragoons. Rev. Dr. Ashbel Green was an orderly sergeant. Rev. Dr. Moses Hodge served in the army of the Revolution.116

  In fact, so prominent were the clergy in the struggle that the British called them the “Black Regiment”117 due to the black clerical robes they wore.†

  On May 2, 1778, when the Continental Army was beginning to emerge from its infamous winter at Valley Forge, Commander-in-Chief George Washington c
ommended his troops for their courage and patriotism and then reminded them that:

  While we are zealously performing the duties of good citizens and soldiers, we certainly ought not to be inattentive to the higher duties of religion. To the distinguished character of Patriot, it should be our highest glory to add the more distinguished character of Christian.121

  Later that year, still in the midst of the Revolution, the help that America had already received from their “firm reliance on Divine Providence” was so obvious that George Washington told General Thomas Nelson:

  The hand of Providence has been so conspicuous in all this that he must be worse than an infidel that lacks faith, and more than wicked, that has not gratitude enough to acknowledge his obligations.122

  On October 12, 1778, Congress again reaffirmed the importance of religion and made provision for its widespread encouragement when it issued the following act:

  Whereas true religion and good morals are the only solid foundations of public liberty and happiness: Resolved, That it be, and it is hereby earnestly recommended to the several States to take the most effectual measures for the encouragement thereof.123