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The law as it relates to Christians and their free exercise of religion

Posts Tagged ‘THomas Jefferson’

The Battle for Religious Liberty in America

Posted by faithandthelaw on April 19, 2010

Rick Tyler

By early summer of 1787, the refrain echoing in Independence Hall from the skeptics among the delegates gathered in Philadelphia, was the fear that the new Constitution made wide the path to tyranny for the new central government. The “anti-federalists” insisted that the rights of the citizens of the new republic be made plain to avoid usurpation by an encroaching federal government. The First Congress subsequently passed and sent a list of proposed amendments to the states on September 25, 1789. The first ten that were ratified by the states comprise what become known as the Bill of Rights.

The very first sentence of the First Amendment to the Constitution begins, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Given this plain statement, with its intent so abundantly clear, it’s hard to imagine how in the course of human events that intent has become so tangled. Yet the courts have tortured these simple words into a maze of contradictory interpretations.

“The very first sentence of the First Amendment to the Constitution begins, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.””

The Secularist War Against the Free Expression of Religion in America

Today, the founders’ original intent is all but lost in a post-modern world patrolled by the fascistic impulses of self-appointed enforcers of political correctness.

If you think that characterization is too harsh or hyperbolic, consider the following true stories:

Deep within the Mojave National Preserve in Southeastern California, there is a cross affixed atop a lonely outcropping of rock known as Sunrise Rock. It commemorates the men and women who died fighting for freedom in World War I. A cross of one kind or another has stood on this rock for the last 75 years. Today the cross is obscured with plywood by order of a Federal Court until the Supreme Court decides its fate.

The President of William and Mary College removed a cross from the historic Wren Chapel because he decided it was “unwelcoming”.

In the new Capitol Visitors Center in Washington, DC, our Godly heritage was initially purged from the displays. Among the numerous errors of historical fact, our national motto was incorrectly identified as “E Pluribus Unum” instead of “In God We Trust.” And that motto was purposefully omitted from the display representing the House chamber, even though in the actual chamber the words “In God We Trust” are displayed prominently above the Speakers Chair.

The Ninth Circuit Court of Appeals ruled that allowing school children to recite the Pledge of Allegiance with the phrase “under God” is unconstitutional.

A pastor was arrested in a California Mall for having a casual conversation about faith with two shoppers.

A Baptist Minister who offered sidewalk counseling to women considering abortion served 30 days in jail for peacefully protesting outside a Planned Parenthood abortion clinic in Oakland, California.

A student at Missouri State University studying to be a social worker was interrogated by school faculty and subsequently threatened with expulsion when she asked for an alternative assignment that did not compromise her Christian beliefs. She had been required to lobby state legislators in favor of adoption by same-sex couples.

Despite that fact that Federal courts have repeatedly ruled that public universities cannot discriminate against religious student organizations, the University of Wisconsin de-funded the student group, Wisconsin Roman Catholic Foundation (WRCF), arguing that funding the WRCF violates the Establishment Clause of the First Amendment.

A Vermont Family Court judge ruled that the biological mother of a 7 year-old girl must turn over her daughter to her long-time lesbian partner after the mother became an evangelical Christian, broke up the relationship, renounced the homosexual lifestyle, and moved to Virginia.

California voters went to the polls and voted overwhelmingly to protect traditional marriage. Four California State Supreme Court judges overruled the will of four million voters and declared that the ballot initiative was unconstitutional. Voters subsequently overruled the judges and passed a state Constitutional Amendment to protect marriage. A lawsuit is now being heard in Federal Court claiming that amendment violates the U.S. Constitution.

Congress passed a “hate speech” law subjecting pastors and other faith leaders to prosecution for preaching about aspects of their faith the state decides are “hate speech.”

In DeFuniak Springs, Florida, a judge ordered that a copy of the Ten Commandments in the courthouse be covered during a murder trial, because he didn’t want jurors to see the command “Do not kill.”

In Balch Spring, Texas, senior citizens meeting at a community senior center were prohibited from praying over their meals.

In Memphis, Tennessee, a library offered shelf space for displaying community announcements. When a local church used the shelf to announce its Christmas program with a small Nativity scene, the library required that Joseph, Mary, Jesus, and the three Wise Men be removed, leaving only the farm animals.

In EuClaire, Wisconsin, college students were prohibited from holding Bible studies in their own private dorm rooms, but were allowed to conduct discussion groups on any other topic.

In Saint Louis, Missouri, an elementary student caught praying over his lunch by a school official was lifted from his seat, reprimanded in front of the other students, and taken to the principal, who ordered him to stop praying.

Other instances include the state requiring pre-approval for Bible courses. There have been prohibitions on displaying: crosses on memorials, nativity scenes, the Ten Commandments, and even cemetery planters in the shape of a cross. There are bans against children using religious themes in their school artwork. Cities including Los Angeles have removed religious symbols from their city seals even if the depiction was historic. There are bans on non-inclusive public prayer. College campuses are notorious for speech codes especially on religious speech. In one legislative chamber there was even a ban on thinking a religious thought when introducing a bill!

This list is by no means exhaustive, but sadly it’s emblematic of the countless instances of religious intolerance, the hundreds of cases in the courts this year alone, and the thousands like them over the last decade.

“Radical secular activists in alliance with their chief prosecutor against religious freedom, the ACLU, use the courts as their principal vehicle for attack.”

Radical secular activists in alliance with their chief prosecutor against religious freedom, the ACLU, use the courts as their principal vehicle for attack. They continue to gain ground by recruiting sympathetic candidates for office to wage their battle in the halls of the Congress and the state capitols across the country. These efforts are part of a sustained and serious ongoing effort to purge symbols and expressions of faith, and indeed to litigate or legislate God and God’s morality from the public square, from our courts, our state houses, our schools, hospitals and even our churches.

Taken together this anti-religious campaign comprises the single largest threat to not only religious liberty in America but to freedom and the Republic itself.

The Myth of Constitutional “Separation of Church and State”

But because of its incremental nature, too few American recognize the loss of freedom, especially the loss to people wishing to live out their faith. The secularists have convinced so many Americans including people of faith that there is a constitutionally mandated separation of church and state, that it is now accepted as “truth.” The problem is that it is not true. Not only is “separation of church and state” not in the Constitution, it is not contained in a single law. Remember the Constitution only prohibits Congress from establishing a national religion or infringing on the “free exercise” of religion.

This entire campaign is a legal concept that grew out of a personal letter Thomas Jefferson wrote to the Danbury, Connecticut Baptists where he referred to the First Amendment as having created a “wall of separation” between church and state. Jefferson was trying to alleviate the concerns of the Baptists in Danbury, assuring them that the state had no intention of interfering with their type of worship. We know this because Jefferson and the other Founders knew full-well the power of a state controlled church and they adamantly rejected it. What Jefferson wrote has been turned completely upside down by the courts and now the secular culture.

The Founders’ Embraced and Promoted Religion in America’s Public Life

Today, “separation of church and state” is asserted to mean that actions, speech, or any public displays of faith on government property are unconstitutional. This would be unrecognizable to Thomas Jefferson or his fellow founders. Nearly every Sunday during his Presidency, including the very Sunday after he wrote that letter, Jefferson rode up Pennsylvania Avenue to attend church services which were held in the Capitol building itself until at least the 1860s. Jefferson also lent the Treasury building for religious services. He saw no inconsistency with religious worship on public property.

Perhaps Jefferson should have simply sent the Danbury Baptists “The Virginia Act for Establishing Religious Freedom” which he drafted in 1779, three years after the Declaration of Independence. It passed the General Assembly of Virginia in 1786. Like the establishment clause, it is clear enough that we might have averted the current debate had his original intent been honored. Here is what Jefferson’s law said in part, all of which can be seen on the Jefferson memorial in Washington, DC: “No man shall be compelled to frequent or support any religious worship or ministry or shall otherwise suffer on account of his religious opinions or belief, but all men shall be free to profess and by argument to maintain, their opinions in matters of religion. I know but one code of morality for men whether acting singly of collectively.” This sentiment, reflected in the First Amendment, was widely held, not because the Founders were anti-religious but because they were religious.

“The “Separatist” misconception which the secularists have asserted, is now pervasive, not only with regard the First Amendment, but throughout virtually every aspect of our culture.”

The “Separatist” misconception which the secularists have asserted, is now pervasive, not only with regard the First Amendment, but throughout virtually every aspect of our culture. Militant secularists now dominate the intellectual and cultural commanding heights of our civilization including academia, the newsrooms, entertainment, public schools, art, history, and even the churches.

Their indoctrinations have created a generation so uneducated about our history especially our Godly heritage that most Christians cannot even articulate a defense.

It is up to every American who believes in freedom to assert leadership, retake the heights, and displace the radical occupiers. To regain the intellectual and cultural commanding heights may take a generation, but it will be worth the struggle. We need to reconnect the present with our past. Only then can we understand how to move forward. Proverbs 29:18 says, “Where there is no vision, the people perish” (KJV). Understanding our history within the context of world history makes clear the present. Knowing and understanding what happened in the past, allows us to see emerging patterns that will help guide us away from repeating history’s calamities. We not only need to take this responsibility for ourselves, we need to ensure that we are selecting leaders who share our worldview.

How To End the Tyranny of “Separation” and Restore “Free Exercise”

Judges 9:7-15, provides an insightful parable about selecting leaders. In that story, the most qualified plants –those who produce the best fruits, the olive, the fig, and the vine –were all asked to lead. But all refused citing some excuse. So the bramble was asked to lead by default. And of course, the bramble eagerly agreed. Today, we have too many bramble bushes leading us and not enough olive, figs and grape vines. The reason is not so much that the brambles keep getting elected over the fruit; it is that men and women of character who are producing many fruits in the private sector are failing to step into leadership roles in the public sector. If we are to reoccupy the economic, intellectual, cultural, and spiritual commanding heights of American civilization, then a dedicated crop of leaders are going to have to step up and clear out the brambles.

Testing Candidates

“But how can the average voter determine which candidates will produce the fruits of freedom and which ones will strangle it?”

But how can the average voter determine which candidates will produce the fruits of freedom and which ones will strangle it? Here is one simple test. You really need to know just one thing – the candidate’s worldview. Does he or she believe God is in charge or does he believe man is in charge? If he or she believes God is in charge, you can with reasonable certainty predict how that candidate will vote on taxes, abortion, marriage, defense, and virtually any other issue. If she believes, as John Adams believed, that liberty is a gift from God, your candidate will vote for life, liberty and the pursuit of happiness because, as the Declaration of Independence asserts, those are rights given to us by God and not government. So you can count on the fact that he or she will vote for smaller limited government, lower taxes, protect life, marriage, and freedom because your candidate knows man’s nature is subject to the corrupting temptations of power.

A God-fearing candidate will also most certainly vote for a strong defense. If he or she is then criticized for supporting “big government,” the answer is simple. A strong defense is essential to protect freedom. Freedom is second in importance only to life, because it allows us to pursue happiness.

If on the other hand, if the candidate believes man is over God or God does not exist, he or she will vote the opposite. Why? Because if you don’t believe there is a God, then you can rationally conclude that you are going to need a very big government. And that means more, more , more – more taxes, more bureaucracy, more rules, more regulations, and less freedom.

Why Free Exercise of Faith Threatens Statists

Here is the nub of the issue about religious freedom. Why do the secularists want to tear down crosses, arrest people for talking about their faith in shopping malls, redefine marriage, prohibit crèches and menorahs on public property, keep students from the Bible, and remove God from the public square? The answer is really very simple. The religious worldview is the single greatest threat to the left’s utopian vision of powerful, centralized, bureaucratic government that will control every aspect of our lives. Only if citizens can be kept ignorant or apathetic about their Creator, will the secular left be able to impose their statist socialist agenda. That is why protecting religious liberty was the first priority of the Founding Fathers. Freedom of faith is the prerequisite for protecting all liberty. The freedom of every American is threatened when government interferes with the religion of any American.

Rick Tyler is the Founding Director of Renewing American Leadership

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The Founding Fathers on Creation and Evolution

Posted by faithandthelaw on April 5, 2010

 

By David Barton 

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

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

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

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

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

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

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

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

 

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

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

 

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

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

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

In fact, Clarence Darrow himself (the lead attorney during the famous Scopes Monkey Trial in 1925 13 ), admitted during the trial that this was a prominent position of many in that day; 14 and Dudley Malone, Darrow’s co-counsel, even declared:

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

 

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

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

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

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

It has been the error of schools to teach astronomy, and all the other sciences and subjects of natural philosophy, as accomplishments only; whereas they should be taught theologically, or with reference to the Being who is the Author of them: for all the principles of science are of divine origin. Man cannot make, or invent, or contrive principles; he can only discover them, and he ought to look through the discovery to the Author. When we examine an extraordinary piece of machinery, an astonishing pile of architecture, a well-executed statue, or a highly-finished painting where life and action are imitated, and habit only prevents our mistaking a surface of light and shade for cubical solidity, our ideas are naturally led to think of the extensive genius and talent of the artist. When we study the elements of geometry, we think of Euclid. When we speak of gravitation, we think of Newton. How, then, is it that when we study the works of God in creation, we stop short and do not think of God? It is from the error of the schools in having taught those subjects as accomplishments only and thereby separated the study of them from the Being who is the Author of them. . . . The evil that has resulted from the error of the schools in teaching natural philosophy as an accomplishment only has been that of generating in the pupils a species of atheism. Instead of looking through the works of creation to the Creator Himself, they stop short and employ the knowledge they acquire to create doubts of His existence. They labor with studied ingenuity to ascribe everything they behold to innate properties of matter and jump over all the rest by saying that matter is eternal. And when we speak of looking through nature up to nature’s God, we speak philosophically the same rational language as when we speak of looking through human laws up to the power that ordained them. God is the power of first cause, nature is the law, and matter is the subject acted upon. But infidelity, by ascribing every phenomenon to properties of matter, conceives a system for which it cannot account and yet it pretends to demonstrate. 17

 

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

John Quincy Adams 

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

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

Benjamin Franklin 

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

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

John Adams 

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

James Wilson 

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

Daniel Webster 

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

Thomas Jefferson 

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

(A longer and more extensive piece on the history of evolution and the Founding Fathers can be read in David Barton’s law review article published for Regent Lawschool on the 75th anniversary of the 1925 Scopes Monkey Trial. That piece, entitled “Evolution and the Law: A Death Struggle Between Two Civilizations,” is accessible at http://www.wallbuilders.com/LIBissuesArticles.asp?id=97.)


Endnotes1. Bertrand Russell, Human Knowledge: Its Scope and Limits (New York: Simon and Schuster, 1948), pp. 33-34. (Return)

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

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

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

5. Henry Fairfield Osborn, From the Greeks to Darwin (New York: Charles Scribner’s Sons, 1924), pp. 10-11. (Return)

6. Henry Fairfield Osborn, From the Greeks to Darwin (New York: Charles Scribner’s Sons, 1924), p. 11. (Return)

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

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

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

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

11. James Rachels, Created From Animals: The Moral Implications of Darwinism (New York: Oxford University Press, 1990), p. 3. (Return)

12. James Rachels, Created From Animals: The Moral Implications of Darwinism (New York: Oxford University Press, 1990), pp. 57-58. (Return)

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

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

15. The World’s Most Famous Court Trial: Tennessee Evolution Case; A Word for Word Report of the Famous Court Test of the Tennessee Anti-Evolution Act, at Dayton, July 10 to 21, 1925 . . . (Cincinnati: National Book Company, 1925), p. 113, Dudley Malone, July 15, 1925. (Return)

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

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

18. Thomas Paine, Life and Writings of Thomas Paine, Daniel Edwin Wheeler, editor (New York: Vincent Parke and Company, 1908), Vol. 6, p. 132, from his “Age of Reason Part Second,” January 27, 1794. (Return)

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

20. John Quincy Adams, Letters of John Quincy Adams to His Son on the Bible and Its Teachings (Auburn: James M. Alden, 1850), Letter II, pp. 27-28. (Return)

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

22. Benjamin Franklin, The Works of Benjamin Franklin, Jared Sparks, editor (Boston: Tappan, Whittemore, and Mason, 1836), Vol. II, pp. 526-527, “A Lecture on the Providence of God in the Government of the World.” (Return)

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

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

25. From Daniel Webster’s 1801 Senior Oration at Dartmouth, translated from the Latin by John Andrew Murray, received by the author from the translator on February 21, 2008. The oration is titled “On the Goodness of God as manifested in His work, 1801,” and is available at http://www.dartmouth.edu/~dwebster/speeches/goodness.html. (Return)

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

 

 

 

 

 

 

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Texas school board members dispute critics’ assertions

Posted by faithandthelaw on March 31, 2010

 

   
 
Thomas Jefferson
No, Thomas Jefferson is not being removed from social studies curriculum standards in Texas, two prominent members of the Texas State Board of Education say in correcting critics’ erroneous claims. 

GRAPEVINE, Texas (BP)–Despite news reports to the contrary, Texas students will be required to learn about Thomas Jefferson and constitutional religious freedom guarantees, say two prominent members of the Texas State Board of Education.

Additionally, “Nowhere in our social studies curriculum standards is America referred to as a Christian nation,” said board chairman Gail Lowe, a Republican from Lampasas, Texas, contrary to claims in a March 22 letter to textbook publishers by the liberal Interfaith Alliance.

In interviews with the Southern Baptist TEXAN about new social studies standards for Texas public schools, Lowe and Don McLeroy, the immediate past board chairman, said widely circulated news reports contained numerous inaccuracies, including claims that Thomas Jefferson was left out of the standards, that First Amendment religious freedom guarantees were omitted because conservative board members reject the concept of church-state separation, and that religious dogma had crept into the standards.

The board meeting, held March 10-12 in Austin, made national and international news, chiefly because Texas buys or distributes about 48 million textbooks annually, influencing textbook content for most other states.

The Guardian newspaper of London claimed on its blog that the board was “rewriting history,” an assertion of the Texas Freedom Network, which bills itself a “mainstream voice to counter the religious right.”

In the Interfaith Alliance’s letter to textbook publishers, the group’s leader, C. Weldon Gaddy, wrote that the board’s “most egregious vote” was denying separation of religious and government institutions by rejecting a late amendment by Dallas Democrat Mavis Knight that students learn “the reasons the Founding Fathers protected religious freedom in America by barring government from promoting or disfavoring any particular religion over all others.”

McLeroy said he believed Knight’s amendment would paint the founders as neutral toward religion generally.

“They weren’t,” McLeroy said. “They simply didn’t want a state church, a state religion. That’s it. To say that we were against protecting the religious freedoms of all the people, that is all spin from the Texas Freedom Network. That’s all it is. Because it’s not right.”

Lowe added: “The First Amendment very clearly prevents Congress from establishing a national church, but it also promotes the free exercise of religion. Students need to understand that this is what the founders intended. It is inaccurate to say the Founding Fathers were neutral about religion; most were strong proponents of religious faith but did not believe in a national church controlled by the federal government.”

The new standards require, among other things, that students “trace the development of religious freedom in the United States” and “analyze the impact of the first amendment guarantees of religious freedom on the American way of life.” Additionally, students must “identify and define unalienable rights” and “identify the freedoms and rights guaranteed by each amendment in the Bill of Rights.”

The board’s actions became fodder in the Texas gubernatorial campaign when Bill White, a leading Democratic candidate for governor, claimed on March 17: “Last week the Texas State Board of Education, led by [Gov.] Rick Perry’s appointee, voted to remove Thomas Jefferson from social studies textbook standards. That’s right. Thomas Jefferson … was deleted from a list of historical figures who inspired political change.”

Jefferson was removed from a list of leading Enlightenment thinkers in world history curricula, but he is included numerous times in U.S. government and American history, according to copies of the standards obtained by the Texan. As of March 22, the Texas Education Agency had yet to post the standards online for public viewing.

Lowe said, “The only historical figure mentioned more times than Thomas Jefferson in our curriculum standards is George Washington. There is no way students in Texas will avoid learning of his contributions to our country.”

McLeroy, who is finishing his term this year after being defeated in the Republican primary by Thomas Ratliff, widely considered a moderate, said he voted for removing Jefferson from the world history Enlightenment period because Jefferson was merely “a son” of Enlightenment thinkers such as John Locke, Thomas Hobbes and Voltaire.

Responding to critics who say the board has a religious agenda, Lowe said, “The social studies framework is not about religious dogma, church traditions or specific denominational beliefs. To the secular, radical left thinker, however, any mention of religious belief is anathema. It is those voices who are screaming most loudly because they do not want to admit the extent to which religious liberties and religious faith have influenced our country.”

Lowe said religious references are plentiful in the country’s founding documents, which are heavily emphasized in the standards.

McLeroy said the country was founded on “biblical” principles from Judaism and Christianity, “but you don’t see us putting it in the standards that we are a Christian nation and no one is pushing for that.”

“The whole idea of the nature of man — man created in the image of God, man as fallen — those things are found throughout [the founders' writings]. Those are the core beliefs about the nature of man that make our country unique — the importance of the individual created in God’s image; you don’t have a king; and the idea of man as fallen. You cannot trust man 100 percent so you have a separation of powers. That whole form of government is founded upon a biblical view of the nature of man.”

During the meeting, the board also turned back some controversial revisions offered by teams comprised of teachers and scholars. The board voted to retain requirements that students learn about historical notables such as Albert Einstein and Thomas Edison and added language about significant political ideas, including the “Laws of Nature and Nature’s God” cited in the Declaration of Independence.

The new standards will face a final vote in May when the board meets. Standards for given subjects are revised every 10 years. The board has a 10-5 Republican majority and an eight-member conservative voting bloc.

Courtesy of http://www.bpnews.net/bpnews.asp?id=32585&ref=BPNews-RSSFeed0329

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A Few Declarations of Founding Fathers and Early Statesmen on Jesus, Christianity, and the Bible, Part II

Posted by faithandthelaw on March 10, 2010

By David Barton

(This list is by no means exhaustive; many other Founders could be included, and even with those who appear below, additional quotes could have been used.)

Samuel Huntington

SIGNER OF THE DECLARATION OF INDEPENDENCE; PRESIDENT OF CONGRESS; JUDGE; GOVERNOR OF CONNECTICUT

It becomes a people publicly to acknowledge the over-ruling hand of Divine Providence and their dependence upon the Supreme Being as their Creator and Merciful Preserver . . . and with becoming humility and sincere repentance to supplicate the pardon that we may obtain forgiveness through the merits and mediation of our Lord and Savior Jesus Christ.54

James Iredell

RATIFIER OF THE U. S. CONSTITUTION; ATTORNEY GENERAL OF NORTH CAROLINA; U. S. SUPREME COURT JUSTICE APPOINTED BY PRESIDENT GEORGE WASHINGTON

For my part, I am free and ready enough to declare that I think the Christian religion is a Divine institution; and I pray to God that I may never forget the precepts of His religion or suffer the appearance of an inconsistency in my principles and practice.55

John Jay

PRESIDENT OF CONGRESS; DIPLOMAT; AUTHOR OF THE FEDERALIST PAPERS; ORIGINAL CHIEF JUSTICE OF THE U. S. SUPREME COURT; GOVERNOR OF NEW YORK

Condescend, merciful Father! to grant as far as proper these imperfect petitions, to accept these inadequate thanksgivings, and to pardon whatever of sin hath mingled in them for the sake of Jesus Christ, our blessed Lord and Savior; unto Whom, with Thee, and the blessed Spirit, ever one God, be rendered all honor and glory, now and forever. 56

Unto Him who is the author and giver of all good, I render sincere and humble thanks for His manifold and unmerited blessings, and especially for our redemption and salvation by His beloved Son. . . . Blessed be His holy name.57

Mercy and grace and favor did come by Jesus Christ, and also that truth which verified the promises and predictions concerning Him and which exposed and corrected the various errors which had been imbibed respecting the Supreme Being, His attributes, laws, and dispensations.58

By conveying the Bible to people . . . we certainly do them a most interesting act of kindness. We thereby enable them to learn that man was originally created and placed in a state of happiness, but, becoming disobedient, was subjected to the degradation and evils which he and his posterity have since experienced. The Bible will also inform them that our gracious Creator has provided for us a Redeemer in whom all the nations of the earth should be blessed – that this Redeemer has made atonement “for the sins of the whole world,” and thereby reconciling the Divine justice with the Divine mercy, has opened a way for our redemption and salvation; and that these inestimable benefits are of the free gift and grace of God, not of our deserving, nor in our power to deserve. The Bible will also [encourage] them with many explicit and consoling assurances of the Divine mercy to our fallen race, and with repeated invitations to accept the offers of pardon and reconciliation. . . . They, therefore, who enlist in His service, have the highest encouragement to fulfill the du¬ties assigned to their respective stations; for most certain it is, that those of His followers who [participate in] His conquests will also participate in the tran¬scendent glories and blessings of His Triumph.59

I recommend a general and public return of praise and thanksgiving to Him from whose goodness these blessings descend. The most effectual means of securing the continuance of our civil and religious liberties is always to remember with reverence and gratitude the source from which they flow.60

The Bible is the best of all books, for it is the word of God and teaches us the way to be happy in this world and in the next. Continue therefore to read it and to regulate your life by its precepts.61

[T]he evidence of the truth of Christianity requires only to be carefully examined to produce conviction in candid minds… they who undertake that task will derive advantages.62

Providence has given to our people the choice of their rulers, and it is the duty as well as the privilege and interest of our Christian nation, to select and prefer Christians for their rulers.63

Thomas Jefferson

SIGNER OF THE DECLARATION OF INDEPENDENCE; DIPLOMAT; GOVERNOR OF VIRGINIA; SECRETARY OF STATE; THIRD PRESIDENT OF THE UNITED STATES

The doctrines of Jesus are simple, and tend all to the happiness of man.64

The practice of morality being necessary for the well being of society, He [God] has taken care to impress its precepts so indelibly on our hearts that they shall not be effaced by the subtleties of our brain. We all agree in the obligation of the moral principles of Jesus and nowhere will they be found delivered in greater purity than in His discourses.65

I am a Christian in the only sense in which He wished anyone to be: sincerely attached to His doctrines in preference to all others.66

I am a real Christian – that is to say, a disciple of the doctrines of Jesus Christ.67

William Samuel Johnson

JUDGE; MEMBER OF THE CONTINENTAL CONGRESS; SIGNER OF THE CONSTITUTION; FRAMER OF THE BILL OF RIGHTS; PRESIDENT OF COLUMBIA COLLEGE; U. S. SENATOR

[I] . . . am endeavoring . . . to attend to my own duty only as a Christian. . . . let us take care that our Christianity, though put to the test . . . be not shaken, and that our love for things really good wax not cold.68

In an address to graduates:

You this day. . . . have, by the favor of Providence and the at¬tention of friends, received a public education, the purpose whereof hath been to qualify you the better to serve your Creator and your country. You have this day invited this au¬dience to witness the progress you have made. . . . Thus you assume the character of scholars, of men, and of citizens. . . . Go, then, . . . and exercise them with diligence, fidelity, and zeal. . . . Your first great duties, you are sensible, are those you owe to Heaven, to your Creator and Redeemer. Let these be ever present to your minds, and exemplified in your lives and conduct. Imprint deep upon your minds the principles of piety towards God, and a reverence and fear of His holy name. The fear of God is the beginning of wisdom and its [practice] is everlasting [happiness] . . . . Reflect deeply and often upon [your] relations [with God]. Remember that it is in God you live and move and have your being, – that, in the language of David, He is about your bed and about your path and spieth out all your ways – that there is not a thought in your hearts, nor a word upon your tongues, but lo! He knoweth them al¬together, and that He will one day call you to a strict account for all your conduct in this mortal life. Remember, too, that you are the redeemed of the Lord, that you are bought with a price, even the inestimable price of the precious blood of the Son of God. Adore Jehovah, therefore, as your God and your Judge. Love, fear, and serve Him as your Creator, Redeemer, and Sanctifier. Acquaint yourselves with Him in His word and holy ordinances. . . . [G]o forth into the world firmly resolved neither to be allured by its vanities nor contaminated by its vices, but to run with patience and perseverance, with firmness and [cheerfulness], the glorious career of religion, honor, and virtue. . . . Finally, . . . in the elegant and expressive language are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report, if there be any virtue, and if there be any praise, think on these things” – and do them, and the God of peace shall be with you, to whose most gracious protection I now commend you, humbly imploring Almighty Goodness that He will be your guardian and your guide, your protector and the rock of your defense, your Savior and your God.69

James Kent

JUDGE; LAW PROFESSOR; “FATHER OF AMERICAN JURISPRUDENCE”

My children, I wish to talk to you. During my early and middle life I was, perhaps, rather skeptical with regard to some of the truths of Christianity. Not that I did not have the utmost respect for religion and always read my Bible, but the doctrine of the atonement was one I never could understand, and I felt inclined to consider as impossible to be received in the way Divines taught it. I believe I was rather inclined to Unitarianism; but of late years my views have altered. I believe in the doctrines of the prayer books as I understand them, and hope to be saved through the merits of Jesus Christ. . . . My object in telling you this is that if anything happens to me, you might know, and perhaps it would console you to remember, that on this point my mind is clear: I rest my hopes of salvation on the Lord Jesus Christ.70

Francis Scott Key

U. S. ATTORNEY FOR THE DISTRICT OF COLUMBIA; AUTHOR OF THE “STAR SPANGLED BANNER”

[M]ay I always hear that you are following the guidance of that blessed Spirit that will lead you into all truth, leaning on that Almighty arm that has been extended to deliver you, trusting only in the only Savior, and going on in your way to Him rejoicing.71

James Madison

SIGNER OF THE CONSTITUTION; AUTHOR OF THE FEDERALIST PAPERS; FRAMER OF THE BILL OF RIGHTS; SECRETARY OF STATE; FOURTH PRESIDENT OF THE UNITED STATES

A watchful eye must be kept on ourselves lest, while we are building ideal monuments of renown and bliss here, we neglect to have our names enrolled in the Annals of Heaven.72

I have sometimes thought there could not be a stronger testimony in favor of religion or against temporal enjoyments, even the most rational and manly, than for men who occupy the most honorable and gainful departments and [who] are rising in reputation and wealth, publicly to declare their unsatisfactoriness by becoming fervent advocates in the cause of Christ; and I wish you may give in your evidence in this way.73

James Manning

MEMBER OF THE CONTINENTAL CONGRESS; PRESIDENT OF BROWN UNIVERSITY

I rejoice that the religion of Jesus prevails in your parts; I can tell you the same agreeable news from this quarter. Yesterday I returned from Piscataway in East Jersey, where was held a Baptist annual meeting (I think the largest I ever saw) but much more remarkable still for the Divine influences which God was pleased to grant. Fifteen were baptized; a number during the three days professed to experience a change of heart. Christians were remarkably quickened; multitudes appeared.74

Henry Marchant

MEMBER OF THE CONTINENTAL CONGRESS; ATTORNEY GENERAL OF RHODE ISLAND; RATIFIER OF THE U. S. CONSTITUTION; FEDERAL JUDGE APPOINTED BY PRESIDENT GEORGE WASHINGTON

And may God grant that His grace may really affect your heart with suitable impressions of His goodness. Remember that God made you, that God keeps you alive and preserves you from all harm, and gives you all the powers and the capacity whereby you are able to read of Him and of Jesus Christ, your Savior and Redeemer, and to do every other needful business of life. And while you look around you and see the great privileges and advantages you have above what other children have (of learning to read and write, of being taught the meaning of the great truths of the Bible), you must remember not to be proud on that account but to bless God and be thankful and endeavor in your turn to assist others with the knowledge you may gain.75(to his daughter)

George Mason

DELEGATE AT THE CONSTITUTIONAL CONVENTION; “FATHER OF THE BILL OF RIGHTS”

I give and bequeath my soul to Almighty God that gave it me, hoping that through the meritorious death and passion of our Savior and Redeemer Jesus Christ to receive absolution and remission for all my sins.76

My soul I resign into the hands of my Almighty Creator, Whose tender mercies are all over His works. . humbly hoping from His unbounded mercy and benevolence, through the merits of my blessed Savior, a remission of my sins.77

James McHenry

REVOLUTIONARY OFFICER; SIGNER OF THE CONSTITUTION; RATIFIER OF THE U. S. CONSTITUTION; SECRETARY OF WAR UNDER PRESIDENTS GEORGE WASHINGTON AND JOHN ADAMS

[P]ublic utility pleads most forcibly for the general distribution of the Holy Scriptures. Without the Bible, in vain do we increase penal laws and draw entrenchments around our institutions.78

Bibles are strong protections. Where they abound, men cannot pursue wicked courses and at the same time enjoy quiet conscience.79

Thomas McKean

SIGNER OF THE DECLARATION OF INDEPENDENCE; PRESIDENT OF CONGRESS; RATIFIER OF THE U. S. CONSTITUTION; CHIEF JUSTICE OF THE SUPREME COURT OF PENNSYLVANIA; GOVERNOR OF PENNSYLVANIA; GOVERNOR OF DELAWARE

In the case Respublica v. John Roberts,80 John Roberts was sentenced to death after a jury found him guilty of treason. Chief Justice McKean then told him:

You will probably have but a short time to live. Before you launch into eternity, it be¬hooves you to improve the time that may be allowed you in this world: it behooves you most seriously to reflect upon your past conduct; to repent of your evil deeds; to be incessant in prayers to the great and merciful God to forgive your manifold transgressions and sins; to teach you to rely upon the merit and passion of a dear Redeemer, and thereby to avoid those regions of sorrow – those doleful shades where peace and rest can never dwell, where even hope cannot enter. It behooves you to seek the [fellowship], advice, and prayers of pious and good men; to be [persistent] at the Throne of Grace, and to learn the way that leadeth to happiness. May you, reflecting upon these things, and pursuing the will of the great Father of light and life, be received into [the] company and society of angels and archangels and the spirits of just men made perfect; and may you be qualified to enter into the joys of Heaven – joys unspeakable and full of glory!81

Gouverneur Morris

REVOLUTIONARY OFFICER; MEMBER OF THE CONTINENTAL CONGRESS; SIGNER OF THE CONSTITUTION; “PENMAN OF THE CONSTITUTION”; DIPLOMAT; U. S. SENATOR

There must be religion. When that ligament is torn, society is disjointed and its members perish… [T]he most important of all lessons is the denunciation of ruin to every state that rejects the precepts of religion.82

Your good morals in the army give me sincere pleasure as it hath long been my fixed opinion that virtue and religion are the great sources of human happiness. More especially is it necessary in your profession firmly to rely upon the God of Battles for His guardianship and protection in the dreadful hour of trial. But of all these things you will and I hope in the merciful Lord.83

Jedidiah Morse

HISTORIAN OF THE AMERICAN REVOLUTION; EDUCATOR; “FATHER OF AMERICAN GEOGRAPHY”; APPOINTED BY SECRETARY OF STATE TO DOCUMENT CONDITION OF INDIAN AFFAIRS

To the kindly influence of Christianity we owe that degree of civil freedom and political and social happiness which mankind now enjoys. All efforts made to destroy the foundations of our Holy Religion ultimately tend to the subversion also of our political freedom and happiness. In proportion as the genuine effects of Christianity are diminished in any nation… in the same proportion will the people of that nation recede from the blessings of genuine freedom… Whenever the pillars of Christianity shall be overthrown, our present republican forms of government – and all the blessings which flow from them – must fall with them. 84

John Morton

LEGISLATOR; JUDGE; SIGNER OF THE DECLARATION

With an awful reverence to the Great Almighty God, Creator of all mankind, being sick and weak in body but of sound mind and memory, thanks be given to Almighty God for the same.85

James Otis

LEADER OF THE SONS OF LIBERTY; ATTORNEY & JURIST; MENTOR OF JOHN HANCOCK AND SAMUEL ADAMS

Has [government] any solid foundation? Any chief cornerstone?… I think it has an everlasting foundation in the unchangeable will of God… The sum of my argument is that civil government is of God.86

Robert Treat Paine

MILITARY CHAPLAIN; SIGNER OF THE DECLARATION OF INDEPENDENCE; ATTORNEY GENERAL OF MASSACHUSETTS; JUDGE

I desire to bless and praise the name of God most high for appointing me my birth in a land of Gospel Light where the glorious tidings of a Savior and of pardon and salvation through Him have been continually sounding in mine ears.87

I am constrained to express my adoration of the Supreme Being, the Author of my existence, in full belief of His Providential goodness and His forgiving mercy revealed to the world through Jesus Christ, through whom I hope for never ending happiness in a future state.88

I believe the Bible to be the written word of God and to contain in it the whole rule of faith and manners.89

Endnotes

54. Samuel Huntington, A Proclamation for a Day of Fasting, Prayer and Humiliation, March 9, 1791, from a proclamation in our possession, Evans #23284. (Return)

55. James Iredell, The Papers of James Iredell, Don Higginbotham, editor (Raleigh: North Carolina Division of Archives and History, 1976), Vol. I, p. 11 from his 1768 essay on religion. (Return)

56. William Jay, The Life of John Jay (New York: J & J Harper, 1833), Vol. I p. 518, Appendix V, from a prayer found among Mr. Jay’s papers and in his handwriting. (Return)

57. William Jay, The Life of John Jay (New York: J. & J. Harper, 1833), Vol. I, pp. 519-520, from his Last Will & Testament. (Return)

58. William Jay, The Life of John Jay (New York: J & J Harper, 1833), Vol. II, p. 386, to John Murray, April 15, 1818. (Return)

59. John Jay, The Correspondence and Public Papers of John Jay, 1794-1826, Henry P. Johnston, editor (New York: Burt Franklin, 1890), Vol. IV, pp. 494, 498, from his “Address at the Annual Meeting of the American Bible Society,” May 13, 1824. (Return)

60. William Jay, The Life of John Jay (New York: J. & J. Harper, 1833), Vol. I, pp. 457-458, to the Committee of the Corporation of the City of New York on June 29, 1826. (Return)

61. John Jay, John Jay: The Winning of the Peace. Unpublished Papers 1780-1784, Richard B. Morris, editor (New York: Harper & Row Publishers, 1980), Vol. II, p. 709, to Peter Augustus Jay on April 8, 1784. (Return)

62. William Jay, The Life of John Jay (New York: J. & J. Harper, 1833), Vol. II, p. 266, to the Rev. Uzal Ogden on February 14, 1796. (Return)

63. William Jay, The Life of John Jay (New York: J. & J. Harper, 1833), Vol. II, p. 376, to John Murray Jr. on October 12, 1816.(Return)

64. Thomas Jefferson, The Writings of Thomas Jefferson, Albert Bergh, editor (Washington, D. C.: Thomas Jefferson Memorial Assoc., 1904), Vol. XV, p. 383, to Dr. Benjamin Waterhouse on June 26, 1822. (Return)

65. Thomas Jefferson, The Writings of Thomas Jefferson, Alberty Ellery Bergh, editor (Washington D.C.: The Thomas Jefferson Memorial Association, 1904), Vol. XII, p. 315, to James Fishback, September 27, 1809. (Return)

66. Thomas Jefferson, Memoir, Correspondence, and Miscellanies from the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor (Boston: Grey & Bowen, 1830), Vol. III, p. 506, to Benjamin Rush, April 21, 1803. (Return)

67. Thomas Jefferson, The Writings of Thomas Jefferson, Albert Ellery Bergh, editor (Washington, D.C.: The Thomas Jefferson Memorial Association, 1904), Vol. XIV, p. 385, to Charles Thomson on January 9, 1816. (Return)

68. Edwards Beardsley, Life and Times of William Samuel Johnson (Boston: Houghton, Mifflin and Company, 1886), p. 184. (Return)

69. E. Edwards Beardsley, Life and Times of William Samuel Johnson (Boston: Houghton, Mifflin and Company, 1886), pp. 141-145. (Return)

70. William Kent, Memoirs and Letters of James Kent, (Boston: Little, Brown, and Company, 1898), pp. 276-277. (Return)

71. Hugh A. Garland, The Life of John Randolph of Roanoke (New York: D. Appleton & Company, 1853), Vol. II, p. 104, from Francis Scott Key to John Randolph. (Return)

72. James Madison, Letters and Other Writings of James Madison (New York: R. Worthington, 1884), Vol. I, pp. 5-6, to William Bradford on November 9, 1772. (Return)

73. James Madison, The Papers of James Madison, William T. Hutchinson, editor (Illinois: University of Chicago Press, 1962), Vol. I, p. 96, to William Bradford on September 25, 1773. (Return)

74. Letters of Delegates to Congress: November 7, 1785-November 5, 1786, Paul H. Smith, editor (Washington DC: Library of Congress, 1995), Vol. 23, p. 337, James Manning to Robert Carter on June 7, 1786.(Return)

75. Letters of Delegates to Congress: May 1, 1777 – September 18, 1777, Paul H. Smith, editor (Washington DC: Library of Congress, 1981), Vol. 7, pp. 645-646, Henry Marchant to Sarah Marchant on September 9, 1777.(Return)

76. Kate Mason Rowland, Life of George Mason (New York: G. P. Putnam’s Sons, 1892), Vol. I, p. 373, Will of Colonel George Mason, June 29, 1715 (this will was later replaced by the will below.) (Return)

77. Will of George Mason, attested March 20, 1773. (Return)

78. Bernard C. Steiner, One Hundred and Ten Years of Bible Society Work in Maryland, 1810-1920 (Maryland Bible Society, 1921), p. 14. (Return)

79. Bernard C. Steiner, One Hundred and Ten Years of Bible Society Work in Maryland, 1810-1920 (Maryland Bible Society, 1921), p. 14. (Return)

80. A. J. Dallas, Reports of Cases Ruled and Adjudged in the Courts of Pennsylvania (Phila¬delphia: P. Byrne, 1806), p. 39, Respublica v. John Roberts, Pa. Sup. Ct. 1778. (Return)

81. William B. Reed, Life and Correspondence of Joseph Reed (Philadelphia: Lindsay and Blakiston, 1847), Vol. II, pp. 36-37. (Return)

82. Collections of the New York Historical Society for the Year 1821 (New York: E. Bliss and E. White, 1821), pp. 32, 34, from “An Inaugural Discourse Delivered Before the New York Historical Society by the Honorable Gouverneur Morris, (President,) 4th September, 1816.” (Return)

83. Letters of Delegates to Congress: February 1, 1778-May 31, 1778, Paul H. Smith, editor (Washington DC: Library of Congress, 1982), Vol. 9, pp. 729-730, Gouverneur Morris to General Anthony Wayne on May 21, 1778.(Return)

84. Jedidiah Morse, A Sermon, Exhibiting the Present Dangers and Consequent Duties of the Citizens of the United States of America, Delivered at Charlestown, April 25, 1799, The Day of the National Fast (MA: Printed by Samuel Etheridge, 1799), p. 9. (Return)

85. From his last will and testament, attested January 28, 1777. (Return)

86. James Otis, The Rights of the British Colonies Asserted and Proved (London: J. Williams and J. Almon, 1766), pp. 11, 98. (Return)

87. Robert Treat Paine, The Papers of Robert Treat Paine, Stephen T. Riley and Edward W. Hanson, editors (Boston: Massachusetts Historical Society, 1992), Vol. I, p. 48, Robert Treat Paine’s Confession of Faith, 1749. (Return)

88. From the Last Will & Testament of Robert Treat Paine, attested May 11, 1814. (Return)

89. Robert Treat Paine, The Papers of Robert Treat Paine, Stephen T. Riley and Edward W. Hanson, editors (Boston: Massachusetts Historical Society, 1992), Vol. I, p. 49, Robert Treat Paine’s Confession of Faith, 1749. (Return)

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True Meaning of Separation of Church and State from the Mouth of Thomas Jefferson

Posted by faithandthelaw on February 9, 2010

In 1947, in the case Everson v. Board of Education, the Supreme Court declared, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” The “separation of church and state” phrase which they invoked, and which has today become so familiar, was taken from an exchange of letters between President Thomas Jefferson and the Baptist Association of Danbury, Connecticut, shortly after Jefferson became President.

The election of Jefferson – America’s first Anti-Federalist President – elated many Baptists since that denomination, by-and-large, was also strongly Anti-Federalist. This political disposition of the Baptists was understandable, for from the early settlement of Rhode Island in the 1630s to the time of the federal Constitution in the 1780s, the Baptists had often found themselves suffering from the centralization of power.

Consequently, now having a President who not only had championed the rights of Baptists in Virginia but who also had advocated clear limits on the centralization of government powers, the Danbury Baptists wrote Jefferson a letter of praise on October 7, 1801, telling him:

Among the many millions in America and Europe who rejoice in your election to office, we embrace the first opportunity . . . to express our great satisfaction in your appointment to the Chief Magistracy in the United States. . . . [W]e have reason to believe that America’s God has raised you up to fill the Chair of State out of that goodwill which He bears to the millions which you preside over. May God strengthen you for the arduous task which providence and the voice of the people have called you. . . . And may the Lord preserve you safe from every evil and bring you at last to his Heavenly Kingdom through Jesus Christ our Glorious Mediator. [1]

However, in that same letter of congratulations, the Baptists also expressed to Jefferson their grave concern over the entire concept of the First Amendment, including of its guarantee for “the free exercise of religion”:

Our sentiments are uniformly on the side of religious liberty: that religion is at all times and places a matter between God and individuals, that no man ought to suffer in name, person, or effects on account of his religious opinions, [and] that the legitimate power of civil government extends no further than to punish the man who works ill to his neighbor. But sir, our constitution of government is not specific. . . . [T]herefore what religious privileges we enjoy (as a minor part of the State) we enjoy as favors granted, and not as inalienable rights. [2]

In short, the inclusion of protection for the “free exercise of religion” in the constitution suggested to the Danbury Baptists that the right of religious expression was government-given (thus alienable) rather than God-given (hence inalienable), and that therefore the government might someday attempt to regulate religious expression. This was a possibility to which they strenuously objected-unless, as they had explained, someone’s religious practice caused him to “work ill to his neighbor.”

Jefferson understood their concern; it was also his own. In fact, he made numerous declarations about the constitutional inability of the federal government to regulate, restrict, or interfere with religious expression. For example:

[N]o power over the freedom of religion . . . [is] delegated to the United States by the Constitution. Kentucky Resolution, 1798 [3]

In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the general [federal] government. Second Inaugural Address, 1805 [4]

[O]ur excellent Constitution . . . has not placed our religious rights under the power of any public functionary. Letter to the Methodist Episcopal Church, 1808 [5]

I consider the government of the United States as interdicted [prohibited] by the Constitution from intermeddling with religious institutions . . . or exercises. Letter to Samuel Millar, 1808 [6]

Jefferson believed that the government was to be powerless to interfere with religious expressions for a very simple reason: he had long witnessed the unhealthy tendency of government to encroach upon the free exercise of religion. As he explained to Noah Webster:

It had become an universal and almost uncontroverted position in the several States that the purposes of society do not require a surrender of all our rights to our ordinary governors . . . and which experience has nevertheless proved they [the government] will be constantly encroaching on if submitted to them; that there are also certain fences which experience has proved peculiarly efficacious [effective] against wrong and rarely obstructive of right, which yet the governing powers have ever shown a disposition to weaken and remove. Of the first kind, for instance, is freedom of religion. [7]

Thomas Jefferson had no intention of allowing the government to limit, restrict, regulate, or interfere with public religious practices. He believed, along with the other Founders, that the First Amendment had been enacted only to prevent the federal establishment of a national denomination – a fact he made clear in a letter to fellow-signer of the Declaration of Independence Benjamin Rush:

[T]he clause of the Constitution which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes and they believe that any portion of power confided to me will be exerted in opposition to their schemes. And they believe rightly. [8]

Jefferson had committed himself as President to pursuing the purpose of the First Amendment: preventing the “establishment of a particular form of Christianity” by the Episcopalians, Congregationalists, or any other denomination.

Since this was Jefferson’s view concerning religious expression, in his short and polite reply to the Danbury Baptists on January 1, 1802, he assured them that they need not fear; that the free exercise of religion would never be interfered with by the federal government. As he explained:

Gentlemen, – The affectionate sentiments of esteem and approbation which you are so good as to express towards me on behalf of the Danbury Baptist Association give me the highest satisfaction. . . . Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of government reach actions only and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion or prohibiting the free exercise thereof,” thus building a wall of separation between Church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association assurances of my high respect and esteem. [9]

Jefferson’s reference to “natural rights” invoked an important legal phrase which was part of the rhetoric of that day and which reaffirmed his belief that religious liberties were inalienable rights. While the phrase “natural rights” communicated much to people then, to most citizens today those words mean little.

By definition, “natural rights” included “that which the Books of the Law and the Gospel do contain.” [10] That is, “natural rights” incorporated what God Himself had guaranteed to man in the Scriptures. Thus, when Jefferson assured the Baptists that by following their “natural rights” they would violate no social duty, he was affirming to them that the free exercise of religion was their inalienable God-given right and therefore was protected from federal regulation or interference.

So clearly did Jefferson understand the Source of America’s inalienable rights that he even doubted whether America could survive if we ever lost that knowledge. He queried:

And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath? [11]

Jefferson believed that God, not government, was the Author and Source of our rights and that the government, therefore, was to be prevented from interference with those rights. Very simply, the “fence” of the Webster letter and the “wall” of the Danbury letter were not to limit religious activities in public; rather they were to limit the power of the government to prohibit or interfere with those expressions.

Earlier courts long understood Jefferson’s intent. In fact, when Jefferson’s letter was invoked by the Supreme Court (only twice prior to the 1947 Everson case – the Reynolds v. United States case in 1878), unlike today’s Courts which publish only his eight-word separation phrase, that earlier Court published Jefferson’s entire letter and then concluded:

Coming as this does from an acknowledged leader of the advocates of the measure, it [Jefferson's letter] may be accepted almost as an authoritative declaration of the scope and effect of the Amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach actions which were in violation of social duties or subversive of good order. (emphasis added) [12]

That Court then succinctly summarized Jefferson’s intent for “separation of church and state”:

[T]he rightful purposes of civil government are for its officers to interfere when principles break out into overt acts against peace and good order. In th[is] . . . is found the true distinction between what properly belongs to the church and what to the State. [13]

With this even the Baptists had agreed; for while wanting to see the government prohibited from interfering with or limiting religious activities, they also had declared it a legitimate function of government “to punish the man who works ill to his neighbor.”

That Court, therefore, and others (for example, Commonwealth v. Nesbit and Lindenmuller v. The People), identified actions into which – if perpetrated in the name of religion – the government did have legitimate reason to intrude. Those activities included human sacrifice, polygamy, bigamy, concubinage, incest, infanticide, parricide, advocation and promotion of immorality, etc.

Such acts, even if perpetrated in the name of religion, would be stopped by the government since, as the Court had explained, they were “subversive of good order” and were “overt acts against peace.” However, the government was never to interfere with traditional religious practices outlined in “the Books of the Law and the Gospel” – whether public prayer, the use of the Scriptures, public acknowledgements of God, etc.

Therefore, if Jefferson’s letter is to be used today, let its context be clearly given – as in previous years. Furthermore, earlier Courts had always viewed Jefferson’s Danbury letter for just what it was: a personal, private letter to a specific group. There is probably no other instance in America’s history where words spoken by a single individual in a private letter – words clearly divorced from their context – have become the sole authorization for a national policy. Finally, Jefferson’s Danbury letter should never be invoked as a stand-alone document. A proper analysis of Jefferson’s views must include his numerous other statements on the First Amendment.

For example, in addition to his other statements previously noted, Jefferson also declared that the “power to prescribe any religious exercise. . . . must rest with the States” (emphasis added). Nevertheless, the federal courts ignore this succinct declaration and choose rather to misuse his separation phrase to strike down scores of State laws which encourage or facilitate public religious expressions. Such rulings against State laws are a direct violation of the words and intent of the very one from whom the courts claim to derive their policy.

One further note should be made about the now infamous “separation” dogma. The Congressional Records from June 7 to September 25, 1789, record the months of discussions and debates of the ninety Founding Fathers who framed the First Amendment. Significantly, not only was Thomas Jefferson not one of those ninety who framed the First Amendment, but also, during those debates not one of those ninety Framers ever mentioned the phrase “separation of church and state.” It seems logical that if this had been the intent for the First Amendment – as is so frequently asserted-then at least one of those ninety who framed the Amendment would have mentioned that phrase; none did.

In summary, the “separation” phrase so frequently invoked today was rarely mentioned by any of the Founders; and even Jefferson’s explanation of his phrase is diametrically opposed to the manner in which courts apply it today. “Separation of church and state” currently means almost exactly the opposite of what it originally meant.


Endnotes
1. Letter of October 7, 1801, from Danbury (CT) Baptist Association to Thomas Jefferson, from the Thomas Jefferson Papers Manuscript Division, Library of Congress, Washington, D. C. (Return)

2. Id. (Return)

3. The Jeffersonian Cyclopedia, John P. Foley, editor (New York: Funk & Wagnalls, 1900), p. 977; see also Documents of American History, Henry S. Cummager, editor (NY: Appleton-Century-Crofts, Inc., 1948), p. 179. (Return)

4. Annals of the Congress of the United States (Washington: Gales and Seaton, 1852, Eighth Congress, Second Session, p. 78, March 4, 1805; see also James D. Richardson, A Compilation of the Messages and Papers of the Presidents, 1789-1897 (Published by Authority of Congress, 1899), Vol. I, p. 379, March 4, 1805. (Return)

5. Thomas Jefferson, Writings of Thomas Jefferson, Albert Ellery Bergh, editor (Washington D. C.: The Thomas Jefferson Memorial Association, 1904), Vol. I, p. 379, March 4, 1805. (Return)

6. Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor (Boston: Gray and Bowen, 1830), Vol. IV, pp. 103-104, to the Rev. Samuel Millar on January 23, 1808. (Return)

7. Jefferson, Writings, Vol. VIII, p. 112-113, to Noah Webster on December 4, 1790. (Return)

8. Jefferson, Writings, Vol. III, p. 441, to Benjamin Rush on September 23, 1800. (Return)

9. Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802. (Return)

10. Richard Hooker, The Works of Richard Hooker (Oxford: University Press, 1845), Vol. I, p. 207. (Return)

11. Thomas Jefferson, Notes on the State of Virginia (Philadelphia: Matthew Carey, 1794), Query XVIII, p. 237. (Return)

12. Reynolds v. U. S., 98 U. S. 145, 164 (1878). (Return)

13. Reynolds at 163. (Return)

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