Original Intent: The Courts, the Constitution, and Religion
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[Pray t]hat God would graciously pour out His Spirit upon us and make the blessed Gospel in His hand effectual to a thorough reformation and general revival of the holy and peaceful religion of Jesus Christ.77 JONATHAN TRUMBULL, GOVERNOR OF CONNECTICUT
I shall now conclude my discourse by preaching this Savior to all who hear me, and entreating you in the most earnest manner to believe in Jesus Christ, for “there is no salvation in any other” [ACTS 4:12]…. [I]f you are not reconciled to God through Jesus Christ – if you are not clothed with the spotless robe of His righteousness, you must forever perish.78 JOHN WITHERSPOON, SIGNER OF THE DECLARATION
There are numerous additional examples, and to apply the term “deist” to this group is a completely erroneous characterization.
Further testimony of the strong religious convictions of so many Founding Fathers is evidenced through their leadership roles in establishing and guiding numerous religious societies or through serving in active ministry. Notice these representative examples:
JOHN QUINCY ADAMS: Vice President of the American Bible Society;79 member of the Massachusetts Bible Society.80
ABRAHAM BALDWIN (SIGNER OF THE CONSTITUTION): Chaplain in the American Revolution for two years.81
JOEL BARLOW (DIPLOMAT UNDER WASHINGTON AND ADAMS): Chaplain in the American Revolution for three years.82
JOSEPH BLOOMFIELD (GOVERNOR OF NEW JERSEY): Member of the New Jersey Bible Society.83
ELIAS BOUDINOT (PRESIDENT OF THE CONTINENTAL CONGRESS): Founder and first President of the American Bible Society;84 President of the New Jersey Bible Society;85 member of the American Board of Commissioners for Foreign Missions;86 member of the Massachusetts Society for Promoting Christian Knowledge.87
JAMES BOWDOIN (GOVERNOR OF MASSACHUSETTS): Member of the Society for Propagating the Gospel Among the Indians and Others.88
JOHN BROOKS (GOVERNOR OF MASSACHUSETTS; REVOLUTIONARY GENERAL): President of Middlesex County Bible Society.89
JAMES BROWN (U. S. SENATOR; DIPLOMAT): Original Officer of the American Bible Society.90
JAMES BURRILL, JR. (CHIEF JUSTICE RHODE ISLAND SUPREME COURT; U. S. SENATOR): President of the Providence Auxiliary Bible Society.91
DEWITT CLINTON (GOVERNOR OF NEW YORK; U. S. SENATOR; INTRODUCED THE TWELFTH AMENDMENT): Manager and Vice President of the American Bible Society.92
FRANCIS DANA (MEMBER OF CONTINENTAL CONGRESS; CHIEF JUSTICE MASSACHUSETTS SUPREME COURT; U. S. MINISTER TO RUSSIA): Member of the Society for Propagating the Gospel Among the Indians and Others.93
JOHN DAVENPORT (REVOLUTIONARY OFFICER; U. S. CONGRESS): Member of the Missionary Society of Connecticut.94
SAMUEL DEXTER (SECRETARY OF WAR UNDER ADAMS; U. S. CONGRESSMAN; U. S. SENATOR): Society for Propagating the Gospel Among the Indians and Others.95
JONAS GALUSHA (GOVERNOR OF VERMONT): Original Officer of the American Bible Society.96
WILLIAM GASTON (CHIEF JUSTICE NORTH CAROLINA SUPREME COURT; U. S. REPRESENTATIVE): Original Officer of the American Bible Society.97
CHARLES GOLDSBOROUGH (GOVERNOR OF MARYLAND; U. S. REPRESENTATIVE): Vice President of the American Bible Society.98
WILLIAM GRAY (LT. GOVERNOR OF MASSACHUSETTS; U. S. SENATOR): Original Officer of the American Bible Society.99
FELIX GRUNDY (U. S. ATTORNEY GENERAL; U. S. SENATOR; U. S. CONGRESSMAN): Original Officer of the American Bible Society.100
LYMAN HALL (SIGNER OF THE DECLARATION): Clergyman and active in pulpit ministry.101
ALEXANDER HAMILTON (SIGNER OF THE CONSTITUTION): Proposed formation of the Christian Constitutional Society to spread Christian government to other nations.102
JOHN HAMILTON (MAJOR-GENERAL IN THE REVOLUTION; U. S. CONGRESS): Member of the New Jersey Bible Society.103
JOHN JAY (ORIGINAL CHIEF JUSTICE U. S. SUPREME COURT): President of the American Bible Society;104 member of American Board of Commissioners for Foreign Missions.105
WILLIAM JONES (GOVERNOR OF RHODE ISLAND): Original Officer of the American Bible Society.106
FRANCIS SCOTT KEY (ATTORNEY; AUTHOR OF “THE STAR-SPANGLED BANNER”): Officer and Manager of the American Sunday School Union;107 Vice President of the American Bible Society.108
RUFUS KING (SIGNER OF THE CONSTITUTION): Selected as manager† of the American Bible Society.109
ANDREW KIRKPATRICK (CHIEF JUSTICE NEW JERSEY SUPREME COURT): Vice President of the New Jersey Bible Society;110 Vice President of the American Bible Society.111
MARQUIS DE LAFAYETTE (REVOLUTIONARY GENERAL): Member of the American Sunday School Union.112
JOHN LANGDON (SIGNER OF THE CONSTITUTION): Vice President of the American Bible Society.113
BENJAMIN LINCOLN (REVOLUTIONARY GENERAL; LT. GOVERNOR OF MASSACHUSETTS): Member of the Society for the Propagating of the Gospel among the Indians and Others.114
JOHN LOWELL (REVOLUTIONARY OFFICER; MEMBER OF THE CONTINENTAL CONGRESS): Member of the Society for the Propagating of the Gospel among the Indians and Others.115
GEORGE MADISON (GOVERNOR OF KENTUCKY): Original Officer of the American Bible Society.116
JOHN MARSHALL (CHIEF JUSTICE U. S. SUPREME COURT; SECRETARY OF STATE; REVOLUTIONARY GENERAL): Vice President of the American Bible Society;117 officer in the American Sunday School Union.118
JAMES MCHENRY (SIGNER OF THE CONSTITUTION): President of the Baltimore Bible Society.119
DAVID LAWRENCE MORRIL (GOVERNOR OF NEW HAMPSHIRE; U. S. SENATOR): Vice President of the American Bible Society;120 Manager in the American Sunday School Union.121
JOSEPH NOURSE (REVOLUTIONARY OFFICER; U. S. TREASURY): Original Officer of the American Bible Society.122
ROBERT TREAT PAINE (SIGNER OF THE DECLARATION): Military Chaplain.123
ALBION PARRIS (GOVERNOR OF MAINE): Manager of the American Sunday School Union.124
WILLIAM PHILLIPS (LT. GOVERNOR OF MASSACHUSETTS FOR 11 TERMS): President of the Society for Propagating the Gospel Among the Indians;125 President of the Massachusetts Bible Society;126 a member of the American Board of Foreign Missions;127 Vice President of the American Bible Society;128 President of the American Society for Educating Pious Youth for the Gospel Ministry.129
CHARLES COTESWORTH PINCKNEY (SIGNER OF THE CONSTITUTION): President of the Charleston Bible Society;130 Vice President of the American Bible Society.131
THOMAS POSEY (REVOLUTIONARY OFFICER; GOVERNOR OF INDIANA; U. S. SENATOR): Original Officer of the American Bible Society.132
RUFUS PUTNAM (REVOLUTIONARY GENERAL; FEDERAL JUDGE): President of the Ohio Bible Society.133
BENJAMIN RUSH (SIGNER OF THE DECLARATION): Founder and manager of the Philadelphia Bible Society.134
ISAAC SHELBY (REVOLUTIONARY OFFICER; GOVERNOR OF KENTUCKY): Original Officer of the American Bible Society.135
JOHN COTTON SMITH (GOVERNOR OF CONNECTICUT; U. S. CONGRESSMAN): President of the Litchfield County Foreign Missionary Society;136 first President of the Connecticut Bible Society;137 President of the American Bible Society;138 President of the American Board of Foreign Missions.139
CALEB STRONG (CONSTITUTIONAL CONVENTION; U. S. SENATOR; GOVERNOR OF MASSACHUSETTS): Vice President of the American Bible Society.140
JAMES SULLIVAN (GOVERNOR OF MASSACHUSETTS; U. S. CONGRESSMAN): Member of the Society for Propagating the Gospel Among the Indians and Others.141
INCREASE SUMNER (GOVERNOR OF MASSACHUSETTS): Member of the Society for Propagating the Gospel Among the Indians and Others.142
WILLIAM TILGHMAN (FEDERAL JUDGE; CHIEF JUSTICE PENNSYLVANIA SUPREME COURT): Original Officer of the American Bible Society.143
SMITH THOMPSON (U. S. SUPREME COURT; SECRETARY OF NAVY): Vice President of the American Bible Society.144
DANIEL TOMPKINS (GOVERNOR OF NEW YORK; VICE PRESIDENT OF THE U. S.): Vice President of the American Bible Society.145
JOHN TREADWELL (GOVERNOR OF CONNECTICUT; MEMBER OF CONTINENTAL CONGRESS): Member of the Missionary Society of Connecticut.146
ROBERT TROUP (FEDERAL JUDGE; SECRETARY OF WAR): Vice President of
the American Bible Society.147
PETER VROOM (GOVERNOR OF NEW JERSEY; U. S. CONGRESSMAN): Vice President of the American Bible Society;148 member of the American Board of Commissioners for Foreign Missions.149
BUSHROD WASHINGTON (U. S. SUPREME COURT JUSTICE): Vice President of the American Bible Society;150 Vice President of the American Sunday School Union.151
WILLIAM WIRT (U. S. ATTORNEY GENERAL UNDER TWO PRESIDENTS): Manager of the American Sunday School Union;152 Vice President of the American Bible Society.153
JOHN WITHERSPOON (SIGNER OF THE DECLARATION): Clergyman, pulpit minister, and head of a theological college.154
THOMAS WORTHINGTON (GOVERNOR OF OHIO; U. S. SENATOR): Original Officer of the American Bible Society.155
Other Founders were involved in numerous similar organizations. The evidence is clear that not only can none of them be called an atheist, only the smallest handful would fit today’s definition of a deist. Nevertheless, despite this irrefutable evidence, the charge persists to the contrary – as, for example, evidenced in an article in American Heritage by Gordon Wood. Wood amazingly asserted:
The Founding Fathers were at most deists … [and] were a very thin veneer on their society.156 (emphasis added)
In a national article, Steven Morris similarly claimed:
The early presidents and patriots were generally deists or Unitarians, believing in some form of impersonal Providence but rejecting the divinity of Jesus and the relevance of the Bible.157
Wood, Morris, and all who make such broad charges are totally incorrect, deliberately ignoring all historical facts to the contrary. They also randomly, recklessly, and even unethically impute the term “deist” to Founders who would vehemently deny that characterization were they alive today.
For example, some contemporary works incorrectly assert that Jefferson called himself a deist. Yet historical records are clear that not only did Jefferson not call himself a deist, he called himself a Christian:
I am a real Christian, that is to say, a disciple of the doctrines of Jesus.158
Although Jefferson did call himself a Christian, he would probably fail the standard by any orthodox definition, for he viewed Jesus only as a great teacher and not as Divine.159 Nonetheless, the fact remains that Jefferson did not call himself a deist; he called himself a Christian.
Even though a very few of the Founders did consider themselves deists (for example, Franklin did call himself a “deist”160), the definition of a deist in that day161 is totally different from today’s definition, evidenced by the fact that Franklin totally rejected the “clockmaker” concept and believed that prayer was worthwhile and that God did intervene in our daily affairs.162
The evidence is clear that atheism was rejected by the Founding Fathers and even the deism of that day was strongly frowned upon by most of them. For example:
The idea of infidelity [a disbelief in the inspiration of the Scriptures or the divine origin of Christianity163] cannot be treated with too much resentment or too much horror. The man who can think of it with patience is a traitor in his heart and ought to be execrated [denounced] as one who adds the deepest hypocrisy to the blackest treason.164 JOHN ADAMS
I anticipate nothing but suffering to the human race while the present systems of paganism, deism, and atheism prevail in the world.165 BENJAMIN RUSH, SIGNER OF THE DECLARATION
The attempt by the rulers of a nation [France] to destroy all religious opinion and to pervert a whole people to atheism is a phenomenon of profligacy [act of moral depravity]…. [T]o establish atheism on the ruins of Christianity [is] to deprive mankind of its best consolations and most animating hopes and to make a gloomy desert of the universe.166 ALEXANDER HAMILTON
During my residence there [in France], I do not recollect to have had more than two conversations with atheists about their tenets. The first was this: I was at a large party, of which were several of that description. They spoke freely and contemptuously of religion. I took no part in the conversation. In the course of it, one of them asked me if I believed in Christ? I answered that I did, and that I thanked God that I did…. Some time afterward, one of my family being dangerously ill, I was advised to send for an English physician who had resided many years at Paris…. But, it was added, he is an atheist…. [D]uring one of his visits, [he] very abruptly remarked that there was no God and he hoped the time would come when there would be no religion in the world. I very concisely remarked that if there was no God there could be no moral obligations, and I did not see how society could subsist without them…. And he, probably perceiving that his sentiments met with a cold reception, did not afterwards resume the subject.167 JOHN JAY, ORIGINAL CHIEF JUSTICE U. S. SUPREME COURT
[T]he rising greatness of our country … is greatly tarnished by the general prevalence of deism which, with me, is but another name for vice and depravity…. I hear it is said by the deists that I am one of their number; and indeed that some good people think I am no Christian. This thought gives me much more pain than the appellation of Tory [being called a traitor], because I think religion of infinitely higher importance than politics…. [B]eing a Christian… is a character which I prize far above all this world has or can boast.168 PATRICK HENRY
[I] have a thorough contempt for all men … who appear to be the irreclaimable enemies of religion.169 SAMUEL ADAMS
[T]he most important of all lessons [from the Scriptures] is the denunciation of ruin to every State that rejects the precepts of religion.170 GOUVERNEUR MORRIS, PENMAN AND SIGNER OF THE CONSTITUTION
[S]hun, as a contagious pestilence, … those especially whom you perceive to be infected with the principles of infidelity or [who are] enemies to the power of religion.171 Whoever is an avowed enemy of God, I scruple not to call him an enemy to his country.172 JOHN WITHERSPOON, SIGNER OF THE DECLARATION
There is abundant evidence to refute any notion that the Founding Fathers were atheists, agnostics, or deists, or that they wanted to divorce religious principles from public affairs. The more one learns about their activities and writings, the easier it is not only to understand but also to agree with the characterization given by many of them concerning the Christian nature of the American nation and its government.
In fact, following the death of Richard Henry Lee (President of the Continental Congress and the man who officially introduced in Congress the call for America’s independence173), his papers and correspondence, including numerous original handwritten letters from other patriots (e.g., George Washington, Benjamin Rush, John Dickinson, etc.), were passed on to his grandson who compiled those documents into a two-volume work published in 1825. After having studied those personal letters, the grandson described the great body of men who founded the nation in these words:
The wise and great men of those days were not ashamed publicly to confess the name of our blessed Lord and Savior Jesus Christ! In behalf of the people, as their representatives and rulers, they acknowledged the sublime doctrine of His mediation!174
Despite the abundance of evidence on the highly religious nature of the Founding Fathers, many groups have ignored the clear historical records. Instead, they have promoted their own view of the alleged anti- or non-religious beliefs of our Founders in attempts to bolster their arguments for the current separation doctrine. The result is that the nation’s policies concerning religion and government have been turned upside-down. In fact, not only does much of the nation not realize that the current “separation of church and state” is not constitutionally mandated, many are not even aware that “the free exercise” of religion is. (A recent study showed that “only a third [of the nation’s citizens] knew freedom of religion was guaranteed by the Constitution’s First Amendment.”175) How did this reversal happen?
† Daniel Webster (1782-1852) was a prominent leader in the second generation of American statesmen. As a young boy, he grew up listening to and reading the speeches of prominent Founders like Washington, Adams, Jefferson, Madison, et al., and subsequently championed t
he Founders’ ideas throughout the first half of the nineteenth century. He has been titled “The Defender of the Constitution” both for his understanding of that document and his efforts to maintain its principles.
† Rufus King was selected as a member of the American Bible Society by his peers, but declined the position on the recommendation of his Episcopal Bishop who desired that he instead focus his efforts on his own denomination’s Bible Society: the New York Bible and Common Prayer Book Society. King therefore respectfully deferred to his Bishop’s wishes. For more information on Rufus King’s feelings on the worthiness of the American Bible Society, and on the establishment of, and of his financial support for, the New York Bible and Common Prayer Book Society, read the complete letter cited in his endnote above.
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Safeguarding Original Intent
The Founders understood the multiple benefits of religion. They therefore aggressively promoted religion throughout American society. The departure from that practice was facilitated by the laxness of the citizenry in understanding, and of the Court in upholding the Constitution’s original intent. When the intent undergirding a law is abandoned, then that law can be applied in a manner that is totally contrary to its intended purpose; the result can be devastating.
The controversy which resulted in the Holy Trinity case (1892) provided an excellent illustration of the abuse which can occur if a law’s intent is ignored. Recall that a zealous U. S. Attorney had prosecuted a New York church for employing an English clergyman as its pastor under a law that Congress had enacted solely to halt the importation of slave-type foreign labor to construct western railroads.
When the Court concluded that to prosecute the church under that law would constitute an abuse and a misuse of the law, it explained:
It is a familiar rule that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers…. [F]requently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circumstances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act.1