A Critical Response to Bernard Katz
On Our Founding Fathers
| The
Constitutional Principle: Separation of Church and
State |
A Critical Response to Bernard
Katz On Our Founding Fathers
Although written in 1985, in light of the power and
significance of the Falwell/Robertson forces within the Republican Party,
this essay should be useful for those today who encounter the claim that
America is a "Christian nation." RN
| Reprinted by permission of Robert Nordlander
|
Part I A Critical Response to Bernard Katz On Our Founding
Fathers by Robert Nordlander As published in the
January-February 1985 issue of The American Rationalist:
The Alternative to Superstition.
From Cover.
Because of the recent promotion of religion by political
means |
1. Laws against cannibalism promote a religious view
("the sanctity of life"). Should all laws against cannibalism be repealed
so that this religious view is not promoted? 2. The Founding Fathers believed in promoting
religion. |
| it is important to show what the Founding
Fathers of our country had in mind when establishing the beginnings of our
democracy. |
| To prevent the European problems of their
past they intended to make sure that religious oppression was not dominant
in our new nation. |
| Jerry Falwell and Pat Robertson oppose the same
"religious oppression" which the Founding Fathers opposed. However, what
Falwell and the Founding Fathers supported, the ACLU calls "oppression."
We have to deal with specific laws or this point is reduced to
name-calling. |
| Whether they made the wall of separation
strong enough is to be proven by the protectors of that wall to ensure a
secular government rather than a ruling theocracy as is evident in
countries today such as Iran. [Gordon Stein, editor].
|
| A secular government -- that is, a government which
refuses to publicly and officially confess its dependence and duty to God
-- was not the intent of a single person who signed the Constitution. More
here. |
|
{Editor's Introduction}.
The present issue is largely devoted to a subject which has occupied
our pages off and on for the past six months. The present article takes
the opposite position from the previous ones by Bernard Katz. THIS article
marks the end of our treatment of this subject for the forseeable future.
Some may think we have devoted far too much space to it already. Perhaps
we have, but we feel that the issue is both important and far from
settled. While none of our articles will end the controversy, we think
that they will show that a case can be made for both sides, perhaps, only
by selective quoting from the voluminous writings of the founding
fathers.. [sic, and double periods throughout - kc]
What we HAVE done, if nothing else, is to show the objective reader
that the arguments so glibly given by the fundamentalists that separation
of church and state is a fiction made up by the Supreme Court, but not
found in the Constitution, is a fiction of their own delueded [sic - kc]
brains. No matter whether you support Katz's or Nordlander's position on
this controversy, the fundamentalist case is unsupportable. GS
|
| I would say the separationist case is unsupportable. And
in my experience, when I present the evidence against separationism, and
in favor of the "Christian nation" thesis, separationists are so
overwhelmed with the evidence that they soon change their tune to "well,
the Founders were men of their times and we can't expect them to be 100%
right; besides, ours is a 'living constitution.'" That makes me question
the wisdom of answering the claims in this paper. But I'm an argument
addict, so let's continue. (Besides, there may be some honest seekers for
truth out there!) |
Part I
A Critical Response to Bernard Katz On Our Founding
Fathers by Robert Nordlander
Bernard Katz deserves credit for the scholarship he displayed in
presenting the readers of the March/ April 1984 issue of The American
Rationalist the first part of his essay "Was Ours to be a Christian
Nation." Although the essay was replete with quotations from most of the
Founding Fathers indicating various degrees of religious belief ranging
from orthodox Protestant Christianity of a somewhat Calvinist persuasion
to the frankly anti-Christian views of Deism with various shades of
"rational" Christianity standing between these polarities, the conclusion
that Bernard Katz arrived at did not follow logically from the data he
served up to us in his presentation, i.e., that this country was to be in
the expectations of the Founding Fathers, "a Christian nation."
It should be noted that the phrase, "a Christian nation," is quite a
nebulous expression and means absolutely nothing until it is defined
precisely. |
| Bernard Katz showed us the wide divergence
of religious belief among the Founding Fathers discussed in his article
and he chose to tack the adjective Christian on many of them because many
of the people quoted wanted that adjective attached to any noun that was
supposed to denote their religious orientation. The fact that the kind of
Christianity espoused by so many of the Founding Fathers is hardly
recognizable as Christianity as that term is generally understood
apparently was not taken into account by the author of this essay when he
made his sweeping conclusive generalization. One can see a literate
fundamentalist reading Bernard Katz's conclusion and exulting with a
shout, "That's right! It's about time that those Atheists 'fessed up to
the truth!" Should any fundamentalist actually set eyes on this essay, he
will immediately conclude that Falwell's version of Christianity is what
the Founding Fathers had in mind. The point of all this is that
"Christianity" is simply in the eye of the beholder regardless of what
this term can be shown to mean objectively as Bernard Katz so ably
demonstrated. The Christianity of most of the Founding Fathers cited in
the article simply would not be recognized as Christianity by most of the
people in America professing variants of that faith today. If Katz had
argued that the Founding Fathers had wanted this country to be a Unitarian
nation, he would have been on more solid ground as this undoubtedly would
have represented the majority position as Unitarianism today represents
what could be called today the only species of rational Christianity that
can be said to exist. |
| But the modern definition of "separation of church and
state" would call even a Unitarian nation "unconstitutional." In the days
of the Founding Fathers Unitarianism was much
closer to Falwell than to the ACLU. I'll grant that America was a
"Unitarian nation" rather than a Christian nation as I would define
Christian. But Unitarianism (as defined by the Founding Fathers who were
such) was opposed to a non-religious government and the modern concept of
"separation of church and state," so this proves that the concept is not
in the constitution. Unitarians like John Adams
believed in official government-promoted public prayer and endorsed
religion for the nation as a nation, not just privately. Such
Unitarians believed in what they called a Christian nation. They were
light-years from the ACLU. The idea of a "secular nation" is light-years
from the Constitution and the Unitarian Founding
Fathers. |
|
Charles A. Beard and Mary R. Beard, in Volume I of The Rise of American
Civilization, chose to eschew the term "Christian" as the word to use when
describing the religious beliefs of the leading Founding Fathers of this
country.
This is how they put it:
"When the crisis came, Jefferson, Paine, John Adams,
Washington, Franklin, Madison, and many lesser lights were to be
reckoned among either the Unitarians or the Deists. It was not Cotton
Mather's God to whom the authors of the Declaration of Independence
appealed,' it was to Nature's God.' From whatever source derived, the
effect of both Unitarianism and Deism was to hasten the retirement of
historic theology from its empire over the intellect of American leaders
and to clear the atmosphere for secular interests." (p. 449). (My
emphasis). |
| "Leading to an atmosphere" is a far cry from mandating
something in the Constitution. If the Unitarians of Adams' day could see
the totalitarian intervention of the federal judiciary against the
Christian morality to which all Unitarians subscribed, they would be
appalled. |
A question that must be asked if we wish to
examine more critically the Bernard Katz thesis that the Founding Fathers
had great expectations for this country as a Christian nation is why one
of the Founding Fathers, John Adams, did not object to the following
language that was placed in a treaty with Tripoli during his tenure as
President of the United States?
"As the government of the United States of America is not in any
sense founded on the Christian Religion,--as it has itself no character
of enmity against the law, religion or tranquility of Musselmen "(The
Great Quotations edited by George Seldes, p. 45).
President Adams certainly had every opportunity to press for the
removal of the first clause quoted above found in the treaty with Tripoli
as we have a deposition to this effect from the same source cited above
which reads as follows:
"Now be it known, That I, John Adams, President of the
United States of America, having seen and considered the said treaty do,
by and within the consent of the Senate, accept, ratify and confirm the
same and every clause and article thereof" (Ibid.} (My
emphasis). |
| This line is not found in all copies of the Treaty and
was removed during Jefferson's administration. More here. And here. |
I would like to turn to another part of the
Bernard Katz essay where, in my opinion, he does the memory of Thomas
Jefferson a grave injustice. Katz seems to think that Jefferson favored a
Christian theological presence on the campus of the University of Virginia
when this is simply not the case. What he did favor was the establishment
of a Christian theological presence close to the university. It is usually
forgotten that the noun "confines" means a boundary or a border. Jefferson
wanted this presence to be very close to the university because he thought
that the liberalizing influence of the university would have a softening
effect upon the dogmatism and bigotry so often displayed by those who
claim to have an exclusive monopoly on truth. It might be helpful to quote
a segment of Jefferson's November 2, 1822 letter which was ignored, for
the most part, by Bernard Katz.
"In our annual report to the legislature, after stating the
constitutional reasons against a public establishment of any religious
instruction, we suggest the expediency of encouraging the different
religious sects to establish, each for itself, a professorship of its
own tenets on the confines of the University, so near as that its
students may attend lectures there, and have the free use of the
library, and every other accomodation [sic - kc] we can give them:
preserving, however, their independence of us and each other.
"This fills a chasm objected to in ours as a defect in an institution
professing to give instruction in all useful sciences. I think the
invitation will be accepted by some sects from candid intentions and by
others out of jealousy and rivalship. And by bringing the sects
together, we shall soften their asperities, liberalize and neutralize
their prejudices, and make the general religion a religion of peace,
reason and morality." (Church and State in the United States by Anson
Phelps Stokes, Volume I, p. 338). (Last emphasis was
mine). |
| Jefferson's ideas were on the fringe. They are not
mandated in the Constitution. They were rejected by the Virginia
Legislature. |
| We see in this letter that Jefferson was
very serious about the wall of separation that he told the Danbury
Baptists ought to separate church and state. The Jeffersonian "wall of
separation," in the eyes of Jefferson, was not a "curbstone" as Bernard
Katz so sarcastically and mistakenly asserted, Moreover, it should be
noted that Jefferson wished to overwhelm the sectarian dogmatists with
kindness and the humanistic influence that only a good liberal arts
college can manifest thereby perhaps converting the irrational Christians
into rational Christians, i.e., Unitarians.
|
| As late as 1900, the U.S. Supreme Court was interpreting
Jefferson's letter to the Danbury Baptists in a way that supported the
"Christian nation" concept. Even if we call it a "Unitarian nation," it
was still a repudiation of the
rising secularism of the day, now affirmed by the
ACLU. |
Lest any doubt is still lingering in the
mind of the reader that the Jeffersonian "wall of separation between
church and state" was reduced by Jefferson to a "curbstone," it is
absolutely necessary to quote, in tow, a letter addressed by the Sage of
Monticello to Arthur S. Brockenbrough, who had requested that certain
Charlottesville churches be allowed to use the rotunda, the central
University of Virginia building, for church services on Sundays. This
lengthy quotation is necessary because it should lay to rest once and for
all the Bernard Katz view of Jefferson's view of the "wall of separation"
as nothing but a "curstone," [sic - kc] and to provide another source for
interested persons for a very significant letter written by Thomas
Jefferson on religious access to educational institutions maintained by
funds collected by the tax-collector. Religious access to publicly-funded
tax-supported educational institutions has been an issue very much in the
news these days as every reader of The American Rationalist knows. Let us
note some further words of Thomas Jefferson on the issue of religious
access to public educational institutions. The letter to Arthur S.
Brockenbrough was dated April 21, 1825.
"In answer to your letter proposing to permit the
lecture room of the Pavilion No. I to be used regularly for prayers and
preaching on Sundays, I have to observe that some three or four years
ago, an application was made to permit a sermon to be preached in one of
the pavilions on a particular occasion, not now recollected. It brought
the subject into consideration with the Visitors, and although they
entered into no formal and written resolution on the occasion, the
concurrent sentiment was that the buildings of the University belong to
the state, that they were erected for the purposes of a University, and
that the Visitors, to whose care they are committed for those purposes
have no right to permit their application to any other. And accordingly,
when applied to, on the visit of General Lafayette, I declined at first
the request of the use of the Rotunda for his entertainment,' until it
occurred on reflection that the room, in the unfinished state in which
it then was, was as open and unenclosed, and as insusceptible of injury,
as the field in which it stood.
"In the Rockfish Report it was stated as probable that a building
larger than the Pavilions might be called for in time, in which might be
rooms for a library, for public examinations, and for religious worship
under such impartial regulations as the Visitors should prescribe, the
legislature neither sanctioned nor rejected this proposition; and
afterwards, in the Report of October, 1822, the board suggested, as a
substitute, that the different religious sects should be invited to
establish their separate theological schools in the vicinity of the
University, in which the Students might attend religious worship, each
in the form of his respective sect, and thus avoid all jealousy of
attempts on his religious tenets. Among the enactments of the board is
one looking to this object, and superseding the first idea of permitting
a room in the Rotunda to be used for religious worship, and of
undertaking to frame a set of regulations of equality and impartiality
among the multiplied sects.
"I state these things as manifesting the caution which the board of
Visitors thinks it a duty to observe on this delicate and jealous
subject. Your proposition therefore leading to an application of the
University buildings to other than University purposes, and to a partial
regulation in favor of two particular sects, would be a deviation from
the course which they think it their duty to observe. Nor indeed is it
immediately perceived what effect the repeated and habitual assemblages
of a great number of strangers at the University might have on its order
and tranquility.
"All this, however, in the present case, is the less important,
inasmuch as it is not farther for the inhabitants of the University to
go to Charlottesville for religious worship, than for those of
Charlottesville to come to the University.
"That place has been in long possession of the seat of public
worship, a right always deemed strongest until a better can be produced.
There too they are building, or about to build proper churches and
meeting houses, much better adapted to the accomodation [sic - kc] of a
congregation than a scant lecturing room. Are these to be abandoned, and
the private room to be preferred? If not, then the congregations,
already too small, would by your proposition be split into halves
incompetent to the employment and support of a double set of officiating
ministers. Each, of course, would break up the other, and both fall to
the ground. I think, therefore that, independent of our declining to
sanction this application, it will not, on further reflection, be
thought advantageous to religious interests as their joint assembly at a
single place. With these considerations, be pleased to accept the
assurance of my great esteem and respect." (Ibid, Stokes, Volume II, pp.
633-634). (Two paragraph indentations were mine).
The impression that Bernard Katz gave of Jefferson favoring the
promiscuous use of taxpayer-supported educational institutions by
religionists of all stripes was absolutely unwarranted as the two
quotations from the pen of Jefferson given above clearly show. Thomas
Jefferson did not turn the "wall of separation" into a mere
"curbstone." |
| After the Constitution was ratified, worship services
were regularly held in public buildings in Washington, which Jefferson
attended. Jefferson's practice at the University was not intended by the
Framers to be imported into the Constitution, nor deemed mandated by that
instrument. |
| One aspect of the Bernard Katz discussion
of Thomas Jefferson and his alleged inconsistency in the area of
church-state relations which cannot be ignored was Jefferson's alleged"
support of religion, religious education, and a priest among the Kaskaskia
Indians, who were mostly Catholic." What Katz failed to tell us in his
discussion was that this took place as a result of a treaty between two
sovereign nations, the United States of America and the Kaskaskia Indians.
The Kaskaskia Indians were not bound to obey Jeffersonian conceptions of
church-state relations. They undoubtedly negotiated this financial support
for Catholicism into the treaty probably with the counsel of a priest
which was their prerogative as an independent and sovereign nation.
|
"He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties, provided two thirds of the Senators
present concur;" U.S. Constitution, Art II, sec. 2. TJ signed a
treaty which gave tax funds to priests. Whatever advantage Nordlander
thinks he gets out of the first (subsequently amended) Treaty of Tripoli
is more than offset by this treaty.
It was not until 1897, when aid to sectarian education [472 U.S. 38, 104] for
Indians had reached $500,000 annually, that Congress decided thereafter
to cease appropriating money for education in sectarian schools. See Act
of June 7, 1897, 30 Stat. 62, 79; cf. Quick Bear v. Leupp, 210
U.S. 50, 77-79 (1908); J. O'Neill, Religion and Education Under
the Constitution 118-119 (1949). See generally R. Cord,
Separation of Church and State 61-82 (1982). This history shows
the fallacy of the notion found in Everson that "no tax in any
amount" may be levied for religious activities in any form. 330
U.S., at 15-16.
Justice Rehnquist, dissenting in Wallace v. Jaffree
(1985) |
|
Perhaps it might be worthwhile to take a look at the clause in the
treaty signed at Vincennes On August 13, 1803 which provided for the
financial support of religion that Katz cited.
"And whereas the greater part of the said tribe have been
baptized and received into the Catholic church, to which they are much
attached, the United States will give, annually, for seven years, one
hundred dollars towards the support of a priest of that religion, who
will engage to perform for said tribe the duties of his office, and also
to instruct as many of their children as possible, in the rudiments of
literature. And the United States will further give the sum of three
hundred dollars, to assist the said tribe in the erection of a church."
(/b/o[, Stokes, Volume I, p. 704).
Anson Phelps Stokes points out in the source just cited that Congress,
in 1802, had created a fund to be used to maintain peaceful relations
between the United States and the various Indian tribes and that Jefferson
did not hesitate to financially aid an occasional missionary with public
funds as these persons "were frequently used in making treaties with the
Indians and in quieting disturbances." Jefferson was merely using any
means at his disposal to deal with the Indian nations of his day operating
under Article I, Section 8 of the Constitution which says in part, "The
Congress shall have power... To regulate commerce with foreign nations,
and among the several states, and with the Indian tribes." Religion was
one tool which could be used, among others, to maintain amicable relations
with the Indians as it is not specifically forbidden by the provision in
the Constitution just cited. Before Katz criticized Jefferson's financial
support of missionaries with public funds, he should have taken a look at
the social context in which this was done and the constitutional provision
which sanctioned it. |
The social context of the times and the specific intent
of the law passed by Congress was to "evangelize the heathen." (See the
pages in Cord, above, cited by Justice Rehnquist.) Washington the
deist had set this as a priority:
In proportion as the general government of the United States shall
acquire strength by duration, it is probable they may have it in their
power to extend a salutary influence to the aborigines in the
extremities of their territory. In the meantime, it will be a desirable
thing for the protection of the Union to cooperate, as far as
circumstances may conveniently admit, with the disinterested endeavors
of your society to civilize and Christianize the savages of the
wilderness.—To the Society of United Brethren for Propagating the Gospel
Among the Heathen. Fitzpatrick 30:355. (1789.)
The commitment to Christianize the savages was respected during the
Unitarian Jefferson administration, and repeated by the Unitarian John
Quincy Adams:
The attention of Congress is particularly invited to that part of the
report of the Secretary of War which concerns the existing system of our
relations with the Indian tribes. At the establishment of the Federal
Government under the present Constitution of the United States the
principle was adopted of considering them as foreign and independent
powers and also as proprietors of lands. They were, moreover, considered
as savages, whom it was our policy and our duty to use our influence in
converting to Christianity and in bringing within the pale of
civilization. Fourth Annual Message. WASHINGTON,
December 2, 1828. Messages and Papers of the Presidents, John
Quincy Adams, vol. 2, p.981
Even as late as 1947, six months after the Everson decision, President
Truman, in an "Exchange of Messages With Pope Pius XII," declared:
Your Holiness, this is a Christian Nation. More than a half century
ago that declaration was written into the decrees of the highest court
in this land. It is not without significance that the valiant pioneers
who left Europe to establish settlements here, at the very beginning of
their colonial enterprises, declared their faith in the Christian
religion and made ample provision for its practice and for its support.
The story of the Christian missionaries who in earliest days endured
perils, hardship--even death itself in carrying the message of Jesus
Christ to untutored savages is one that still moves the hearts of
men. Public Papers of the Presidents, Truman, 1947, Item 185,
p. 424 August 28, 1947 |
There is a legend concerning the
Constitutional Convention of 1787 that is being promoted by various
spokespersons for the politically active fundamentalists among us that
appears to have been "bought" by Bernard Katz. In his essay, Katz refers
to a revision of the Lord's Prayer that was allegedly read by Benjamin
Franklin to the Convention. One wonders if this is supposed to be one of
the prayers allegedly prayed at the Convention when Franklin once made the
suggestion that prayers might assist the delegates in their deliberations.
The truth of the matter is that no prayers were said at the Convention and
Franklin's suggestion came to nought. Leo Pfeifer, in his Church, State
and Freedom described what happened thus:
"It is perhaps symbolic of the difference in the relationship of
state and religion between the Continental Congress and the new
government established by the Constitutional Convention of 1787, that
whereas the Continental Congress instituted the practice of daily
prayers immediately on first convening, the Convention met for four
months without any recitation of prayers. After the Convention had been
in session for a month, the octogenarian Franklin, who in earlier years
had been pretty much of a Deist, moved 'that henceforth prayers
imploring the assistance of Heaven, and its blessings on our
deliberations, be held in this Assembly every morning before we proceed
to business, and that one or more of the Clergy of this City be
requested to officiate in that service.' The motion was received
politely though not without embarrassment. According to the records of
the Convention, 'After several unsuccessful attempts for silently
postponing the matter by adjourning, the adjournment was at length
carried, without any vote on the motion!" (pp. 121-122).
One wonders what the source of Bernard Katz's assertion that Franklin
indeed did get to subject the delegates to the Convention to at least one
prayer was? This reader was still wondering when Katz raised this issue in
Part III of his essay. |
Fascinating, that a "deist" would
ask the Clockmaker-Landlord god to intervene in the drafting of a
Constitution and the creation of a nation. James Madison records the
following immediately after Dr. Franklin's motion:
Mr. SHERMAN
seconded the motion. Mr.
HAMILTON and several others expressed their
apprehensions, that, however proper such a resolution might have been at
the beginning of the Convention, it might at this late day, in the first
place, bring on it some disagreeable animadversions; and in the second,
lead the public to believe that the embarrassments and dissensions
within the Convention had suggested this measure. It was answered, by
Doctor FRANKLIN, Mr. SHERMAN, and others,
that the past Omission of a duty could not justify a further omission;
that the rejection of such a proposition would expose the Convention to
more unpleasant animadversions than the adoption of it; and that the
alarm out of doors that might be excited for the state of things within
would at least be as likely to do good as
ill. Mr. WILLIAMSON observed,
that the true cause of the Omission could not be mistaken. The
Convention had no funds. Mr.
RANDOLPH proposed, in order to give a favorable aspect to
the measure, that a sermon be preached at the request of the Convention
on the Fourth of July, the anniversary of Independence; and
thenceforward prayers, &c., to be read in the Convention every
morning. Doctor FRANKLIN seconded this motion. After
several unsuccessful attempts for silently postponing this matter by
adjourning, the adjournment was at length carried, without any vote on
the motion. James Madison, Journal of the Federal Convention,
Vol.1, p. 260-61
Separationists would have us believe that a motion for
officially-endorsed public prayer is inappropriate. Hamilton and others
said it was "proper" but at this late date might suggest disunity.
Franklin and Sherman said it was not only "proper," but a
duty. Alas, all present were bound by archaic and
sub-Christian notions concerning the requirement of ordained clergy for
public prayer, and the Convention had no funds to hire a clergy. The
"separation of church and state" had nothing to do with
it. |
| While Katz informed us of Jefferson's
toleration for chaplaincies whether congressional or military, he failed
to inform us of the principled opposition of James Madison to these
institutions. It seemed as though Bernard Katz was trying to show us as
many instances of the alleged "Christianity" of the Founding Fathers as he
could, and to fault them for any violations of the principle of
church-state separation as perceived by Bernard Katz. Why Katz chose to
ignore the thinking of Madison on this question is beyond comprehension
for if Jefferson's alleged dereliction was worthy of note why was
Madison's fidelity to constitutional principle not worthy of mention.
|
Because Madison did not oppose Chaplains until after he
was out of office. Further, many fundamentalists might support chaplains
and school prayer and a host of other "violations" of the myth of
separation, but oppose chaplains being funded at taxpayer expense. Such
was Madison's view:
I observe with particular pleasure the view you have taken of the
immunity of Religion from civil jurisdiction, in every case where it
does not trespass on private rights or the public peace. This has always
been a favorite principle with me; and it was not with my approbation
that the deviation from it took place in Congress, when they appointed
chaplains, to be paid from the National Treasury. It would have been a
much better proof to their constituents of their pious feeling if the
members had contributed for the purpose a pittance from their own
pockets. As the precedent is not likely to be rescinded, the best that
can now be done may be to apply to the Constitution the maxim of the
law, de minimis non curat. ["The law does not concern itself
about trifles."] Writings of Madison, Volume 3: 1816-1828, p.
274
The endorsement of prayer by government was not
the issue. |
| There were many shortcomings in the Bernard
Katz article which I undoubtedly missed and which others more informed on
those shortcomings may choose to discuss in these pages, e.g., how could
George Washington be a truly orthodox Christian if he were a member in
good standing of a Masonic lodge? |
| The point is, Washington was more orthodox and less
separationist than the ACLU will admit. |
| Katz's provocative essay served to
remind us that our Founding Fathers could not be put into one easily
marked theological bag. |
| Theology is not the issue; law is. The laws they framed
were not "separationist" in the modern sense of mandating secularism. The
laws they framed were Christian in their
impetus. |
| Unfortunately, by attaching the label
"Christian" to them, he made the attempt to do just that thereby negating
the value of his essay to the understanding of the Fathers of this country
with respect to their opinions about religion. Moreover, it should be
noted that he totally ignored Ethan Allen, whose Reason, the Only Oracle
of Man preceded Thomas Paine's The Age of Reason by ten years. Allen was
as much opposed to Christianity as Thomas Paine was. Inclusion of a
discussion of Ethan Allen's theology would not have contributed to Katz's
thesis but would have served to help negate it.
|
When word of the skirmishes in Massachusetts and Virginia
reached Connecticut, the General Assembly secretly instructed Colonel
Ethan Allen to enlist a group of men to disable Ticonderoga, a British
stronghold in New York. Late in the evening of May 9, 1775, Allen and his
Green Mountain Boys approached the unsuspecting garrison, quietly
capturing the sentries and securing the barracks of sleeping British
soldiers. Allen then pushed on to camp headquarters and roused the
commandant, Captain de la Place. Allen himself described what next
occurred:
[T]he Captain came immediately to the door with his small clothes in
his hand--when I ordered him to deliver to me the fort, instantly. He
asked me by what authority I demanded it. I answered him -- "In
the name of the Great Jehovah and the Continental
Congress."
Hugh Moore, Memoir of Col. Ethan Allen (Plattsburgh, NY: O.R.
Cook, 1834), pp. 94-95.
Ethan Allen later became quite antagonistic to the Christian religion.
Perhaps this was a result of cognitive conflict between his faith and his
participation in acts of
violence against Christians from Britain. Against this theory is the
fact that the Revolution was
fought by those who strongly believed in Christianity.
The Christian
Character of the Revolutionary Army |
|
As Bernard Katz virtually closed Part I of his essay with Thomas
Jefferson's remark to Thomas Pickerlng [sic - kc] made in a letter dated
February 27, 1821, it seems only fitting that the quotation ought to be
repeated with the thought that follows, a thought that Katz chose to
omit:
"No one sees with greater pleasure than myself the progress
of reason in its advances toward rational Christianity. When we shall
have done away (with) the incomprehensible jargon of the Trinitarian
arithmetic, that three are one and one is three..." (Seldes, p.
374). |
| A Unitarian can pass a law banning atheists from public
office. In fact, they
did. A Unitarian can pass a law promoting Christianity. In fact, they did this often. The fact
that a person did not subscribe to Trinitarian theology tells us nothing
about a person's legislative or judicial proclivities, and is thus another
example of the logical fallacies embraced by
secularists. |
| If Christianity as perceived by Jefferson
was the goal to be reached by the citizens of this country then historical
Christianity as it is known and practiced would be dead--the Vatican would
be viewed with disdain by all Americans; and Jerry Falwell, Pat Robertson
and the rest of that gang would be unknown to the American public. The
Christian nation, if it can be called such, that Bernard Katz alleges the
Founding Fathers were intent on establishing, would, for all practical
purposes, be a Humanist nation. It would contain nothing that could be
historically described as Christian. |
| This is false. The Vatican part might be true; the Falwell part
also; we can all hope. But the Unitarians of John Adams' day were well
to the right of the ACLU, and vigorously promoted Christianity, culturally
and judicially. John Calvin was in many respects a "humanist," but he was
also a Theocrat. Go ahead -- read the Christian history
of this nation, and substitute "Unitarian" for "Christian." It won't
soothe the ACLU. Secularist Separationism is a
myth. |
Let us hope that Bernard Katz's first
article will not be used by the religious fascists among us to justify
their vision of theocracy in the name of the Founding Fathers should the
March-April 1984 issue of The American Rationalist penetrate that part of
the population of this country. In the final analysis, it must be
concluded that the Katz essay did next to nothing to broaden our
understanding of the religious views of the Founding Fathers and probably
did some harm in obscuring their contributions to the problem of
church-state relations. By and large, the first Katz article was a minus,
a negative that will undoubtedly receive the critical attention of other
readers of The American Rationalist. Let the discussion continue!
The American Rationalist January-February 1985 A Critical Response
to Bernard Katz On Our Founding Fathers by Robert E.
Nordlander Part II
In Part II of Bernard Katz's "Was Ours to be a Christian Nation?" one
can find very little to criticize as a great part of the colonial period
of American history was dominated by a dogmatic form of Protestantism. Of
course, the virulence of this dogmatic control over the minds of our
colonial ancestors varied from one part of the colonies to another as did
the degree of state control over the religious conscious of the
individual. What was deplorable about the Katz effort was his neglect of
those forces in colonial society itself that were pushing towards
secularization, e.g., no mention was made of Roger Williams and his fight
for a government that would leave the religious conscience of the
individual alone. |
| Roger Williams did not defend a secular government, even
though his policies may have led to one. Williams made witchcraft a
crime. The charter protected "our different consciences touching the truth
as it is in Jesus." The oath of office taken "in the presence of God"
required magistrates to "walk faithfully." The ACLU defends this?
Jerry Falwell's vision of Theocracy would seem to differ little from Roger
Williams'. |
|
It was amusing to note that Benjamin Franklin appeared to be
called upon by Katz in order to prove his questionable thesis that the
Founding Fathers wanted this country to be a Christian nation when
Franklin himself was a principal force in the struggle on the part of
enlightened minds to end the suffocating influence that theology had on
the mind of colonial humanity. If anyone typified secularism, Benjamin
Franklin would have been that person. |
Franklin proposed a Day of Fasting in Pennsylvania, which
a true separationist would never do. He proclaimed:
It is the duty of mankind on all suitable occasions to acknowledge
their dependence on the Divine Being. . . . and he prayed
that
Almighty God would mercifully interpose and still the rage of war
among the nations and would put a stop to the effusion of Christian
blood . . . [that] He would take this province under His protection,
confound the designs and defeat the attempts of its enemies, and unite
our hearts and strengthen our hands in every undertaking that may be for
the public good, and for our defense and security in this time of
danger. (1748, quoted by Van Doren in Benjamin Franklin, NY:
Viking, 1938, p. 188) The public nature of Franklin's
prayer runs counter to the ACLU's version of "separation of church and
state," and no Deist believes that God "interposes" and "confounds" and
"defeats" any human undertaking. This is not the act of a Deist (as the
word is popularly understood).
In 1749, he would write:
History will also afford frequent opportunities of showing the
necessity of a public religion. . . and the excellency of the Christian
religion above all others, ancient or modern. Proposals
Relating to the Education of Youth in Pennsylvania, 1749,
p.22
Jerry Falwell is panting for a "deistic" theocracy like
Franklin's. |
Let's take a look at what the Baptist preacher cited above had to say
on the subject of religious liberty as given in his The Bloody Tenent of
Persecution for cause of Conscience:
"It is the will and command of God that, since the coming of
His Son, the Lord Jesus, a permission of the most Paganish, Jewish,
Turkish or anti-Christian consciences be granted to all men...God
requireth not an uniformity of religion to be enacted and enforced in
any civil state...An enforced uniformity of religion throughout a nation
or civil state confounds the civil and religious, denies the priniples
[sic - kc] of Christianity and civility, and that Jesus Christ is come
in the flesh." |
| So is it the ACLU's contention that a secular nation pays
heed to "the principles of Christianity and civility, and that Jesus
Christ is come in the flesh?" |
|
Again affirming that the conscience of the individual was sacred and
inviolable in religious matters, Williams responded to the charge that he
favored allowing the individual to behave licentiously without any social
restraints whatsoever in an epistle with the title: "To the Town of
Providence."
"It hath fallen out sometimes that both papists and protestants, Jews
and Turks, may be embarked on one ship; upon which supposal I affirm,
that all the liberty of conscience, that ever I pleaded for, turns upon
these two hinges - that none of the papists, protestants, Jews or Turks,
be forced to come to ship's prayers or worship, not compelled from their
own particular prayers or worship, if they practice any. I further add,
that I never denied, that notwithstanding this liberty, the commander of
this ship ought to command the ship's course, yea, and also command that
justice, peace and sobriety, be kept and practiced, both among the
seamen and the
passengers." |
| Where does Williams state "that he favored
allowing the individual to behave licentiously?" In fact, he said
the authorities could command "justice, peace and
sobriety," the opposite of
"licentiousness." |
| What could more eloquently capture the
essence of the kind of secular government that was established by our
Founding Fathers well over a century after Rogers Williams made a plea for
a government that would be neutral in matters of religion. Of course,
Williams hoped that the people would exercise their liberty of conscience
and become the kind of civilized Christian that he was, i.e., a Baptist.
But regardless of the religious or anti-religious preferences of the
people, government, in the view of Roger Williams, was to be absolutely
uninvolved in religious matters, government was to be secular.
|
| The Rhode Island government in 1642 punished murder,
"rebellion," "misbehavior," "witchcraft," "adultery," "fornication,"
perjury, kidnapping, "whoremongering," and a host of other
Christian-defined crimes. Strictly theological matters were left
untouched. Call it a Unitarian Theocracy, it would offend the ACLU and the
myth of "separation." It was not
"secular." |
| That Bernard Katz should have chosen to
ignore such a significant personality as Roger Williams in his discussion
of the colonial mind was a sin of omission that cannot be forgiven.
|
| In his review of colonial institutions of
higher learning, Katz noted that they were primarily preachers' colleges
founded by Christians with the exception of the University of
Pennsylvania. It is unfortunate that Katz did not choose to discuss that
exception for had he done so, he would have been obliged to discuss an
institution that ultimately proved to be a model of secular learning for
other institutions yet to be born. Originally known as the College of
Philadelphia, the University of Pennsylvania served to foster secular
learning in the sciences and other useful subjects as opposed to the kind
of academic endeavors necessary to produce theological drones. The driving
force behind the establishment of the College of Philadelphia was none
other than Benjamin Franklin.
The significance of the creation of the College of Philadelphia along
with a brief description of its curriculum can be found in The Rise of
American Civilization by Charles A. and Mary R. Beard. We have first a
description of the curriculum.
"So firmly fixed was the grip of tradition upon learning
that Franklin, with all his twisting and turning, could not work a
complete revolution in the course of study planned for the College of
Philadelphia. In the interest of peace and endowment, a compromise was
made. Latin, Greek and the scholastic subjects of the age, were provided
for boys who wished to prepare for law, medicine, or divinity. Unto
these things were added, for the benefit of those intending to follow
other paths, such practical studies as mathematics, surveying,
navigation, and accounting; scientific branches - mechanics, physics,
chemistry, agriculture, and natural history; instruction in history,
civics, ethics, government, trade, commerce, and international law; and
finally, for the worldly wise and curious, training in modern
languages." (Volume I, pp. 172-173).
The significance of all this is discussed in the following terms by the
Beards:
"Such was the plan worked out by Franklin in cooperation
with the first provost, William Smith, for the college launched in 1755.
To suggest that it anticipated the most enlightened program evolved by
the liberal university of the late nineteenth century is to speak with
caution; in fact, it stands out like a beacon light in the long history
of human intelligence. Nor is it without significance that the first
liberal institution of higher learning in the western world appeared on
the frontier of civilization - in colonial America where an energetic
people were wrestling with the realities of an abundant nature and the
problems of self-government. Though a Scotch clergyman gave academic
form to the course of instruction at Philadelphia, the spirit and
concept came from Benjamin Franklin, a self-educated, provincial workman
whose mind had never been conquered by the scholastics." (p.173, my
emphasis).
Undoubtedly, the Newtonian revolution in science played a role in
creating the kind of intellectual atmosphere in which the College of
Philadelphia was possible if not
inevitable. |
| Newton wrote more books on the Bible than he did on
physics. Science in 1755 was still Christian. Students studying "law, medicine, or divinity" were probably all exposed to
Christianity in ways that would send the ACLU into a tizzy were it to take
place in any state university today. |
| Unfortunately, Katz was so intent on
showing us how Newtonian science was used by some people to buttress
Christian theology, he failed to appreciate that it also served to knock
the underpinnings out from under orthodox Christianity by giving us a
universe presided over by a deity who made the rules and who does not
deign to break them for anyone. |
| Then why did Franklin propose that the Constitutional
Convention pray to such a god? Why would a deist
pray? Nordlander does not understand the doctrine of Providence which was held
by every single person who signed the
Constitution. |
| The miracle-mongering demonic deity of the
Bible was retired to the oblivion where he belongs. Newtonian science gave
birth to Deism in England and America while it undoubtedly inspired the
Atheism of many of the great thinkers of the French Enlightenment, viz.,
Diderot, d'Holbach et al. Unfortunately, Katz gave us a ne-sided [sic -
kc] view of the impact of Newtonian science on the colonial intellect. We
were not given "the rest of the story." |
| The French Enlightenment played no role in the American
experiment, except as an example of what to avoid. The Founders were no
friends of "The Age of
Reason." |
|
While the American colonial mind in the eighteenth century may have
believed that "the most elevated system of morals the world has ever
known" was produced by Jesus Christ, a sentiment shared by Thomas
Jefferson and Benjamin Franklin, it was not the incarnation of "God" in
the person known as Jesus of Nazareth that produced this phenomenon. This
latter belief was being abandoned by the American intelligentsia of the
eighteenth century. Bernard Katz gives us the impression that Newtonian
science had little or no effect on this belief whatsoever. Perhaps it
might be helpful to view Thomas Jefferson's admiration for Jesus in this
light and then to take a look at his objections to the theological
nonsense that has surrounded the name of Jesus. We find Jefferson's
admiration for Jesus espressed [sic - kc] in a letter to W. Short dated
October 31, 1819.
"But the greatest of all reformers of the depraved religion
of his own country, was Jesus of Nazareth. Abstracting what is really
his own from the rubbish in which it is buried, easily distinguished by
its lustre from the dross of his biographers, and as separable from that
as the diamond from the dunghill, we have the outlines of a system of
the most sublime morality which has ever fallen from the lips of
man."
In a footnote appended to this letter, Jefferson identified that to
which he referred to as rubbish thus:
"The immaculate conception of Jesus, his deification, the
creation of the world by him, his miraculous powers, his resurrection
and visible ascension, his corporeal presence in the Eucharist, the
Trinity, original sin, atonement, regeneration, election, orders of the
Hierarchy, etc." |
| Fine. Faulty theology. But TJ signed treaties which
funded the evangelization of the heathen. He wrote a book containing "The
Life and Morals of Jesus" which was designed to teach the Indians (today
known as "The Jefferson Bible.") A Christian-Unitarian theocracy is better
than a secularist dictatorship. |
| It should be obvious that Jefferson kicked
the god of Calvin into the garbage can of history and opted for the god
suggested by Newtonian science, a god that Newton himself perhaps was not
aware. Jefferson even had the audacity to write his own Bible using
selected passages from Matthew, Mark, Luke and John which emphasized the
humanity of Jesus and not using anything from the Gospels that suggested
miracle-mongering or divinity. This is the little-known Jefferson Bible.
|
| The ALCU does not allow anyone to "opt for the god
suggested by Newtonian science" or any other god. Jefferson was clearly a
theist, and his policies endorsed belief over unbelief, which is what the
myth of separation forbids. |
|
Although Jefferson admired the character of Jesus, as he defined him,
he did not hesitate to express his disagreement with Jesus whenever it
appeared to him there was a need to do so. In a letter to W. Short,
written in 1820, Jefferson put it this way:
"It is not to be understood that I am with him in all his
doctrines. I am a Materialist; he takes the side of Spiritualism; he
preaches the efficacy of repentance toward forgiveness of sin; I require
a counterpoise of good works to redeem
it." |
| Jefferson's views were not typical. But no matter; he was
still a theist and did not defend an atheistic
nation. |
|
Turning to Benjamin Franklin, as perhaps the most representative
American intellect of the eighteenth
century, |
| Huh? Franklin was utterly unique. Everything about his
intellect and religion was unique. |
|
let us take a look at his religious beliefs as expressed in a letter to
Ezra Stiles dated March 9, 1790. First we have his opinion on the question
of a god.
"You desire to know something of my Religion. It is the
first time I have been questioned upon it. But I cannot take your
curiosity amiss, and shall endeavor in a few Words to gratify it. Here
is my creed. I believe in one God, Creator of the Universie [sic - kc].
That he governs it by his Providence. That he
ought to be worshipped. That the most acceptable Service we render to
him is doing good to his other Children. That the soul of Man is
immortal, and will be treated with justice in another Life respecting
its Conduct in this. These I take to be the fundamental Principles of
all sound Religion, and I regard them as you do in whatever Sect I meet
with them." |
| And he believed these basic beliefs should be embodied in
public policy. He was not a strict
separationist. |
|
Now we come to Franklin's thoughts about Jesus.
"As to Jesus of Nazareth, my Opinion of whom you
particularly desire. I think the System of Morals and his Religion, as
he left them to us, the best the World ever saw or is likely to see; but
I apprehend it has received various corrupting Changes, and I have, with
most of the present dissenters in England some Doubts as to his
Divinity; tho' it is a question I do not dogmatize upon, having never
studied it, and think it needless to busy myself with it now, when I
expect soon an Opportunity of knowing the Truth with less Trouble. I see
no harm, however, in its being believed, if that Belief has the good
Consequence, as probably it has, of making his Doctrines respected and
better observed; especially as I do not perceive, that the Supreme takes
it amiss, by distinguishing the Unbelievers in his Government of the
World with any peculiar marks of displeasure."
Franklin's Deism is certainly well-stated in the first passage quoted
from his letter to Stiles while his tolerance, common sense and Yankee
pragmatism come through loud and clear in the second passage quoted. There
is no union of Newtonian science and Calvinism here. Franklin's god is not
offended by the fact that there are people who do not believe in his
existence. There is no room for the Christian god in the mind of Franklin,
particularly the Christian god as defined by John
Calvin. |
| And yet the Calvinistic view that sinful men necessitate
check and balances in government was applauded by Franklin. Private belief
does not always comport with public
policymaking. |
| While Bernard Katz's essay on the colonial
mind did give us some relevant history to chew on, e.g., the religious
history that led up to the development of the colonial mind and his
discussion of the history of science that flowed from the Renaissance, it
failed to really buttress his thesis that the Founding Fathers of this
country wanted their creation to be a Christian nation.
|
| More on that religious history is here and here. While
persecution of Baptists by Presbyterians was repudiated by the Founding
Fathers, the overall objective -- of a Christian Commonwealth and a City
upon a Hill -- was not. |
The American Rationalist January-February 1985 A Critical
Response to Bernard Katz On Our Founding Fathers by Robert
E. Nordlander Part III
Perhaps the premise from which flows the conclusion that our Founding
Fathers wanted our country to be a Christian nation advanced by Bernard
Katz ought to be examined. He stated that premise quite succinctly in Part
III of his effort to Christianize the Founding Fathers. According to Katz,
"They all accepted the new synthesis of Newtonian science, Lockean
psychology and politics, and Calvinistic theology as it worked out in
practice in the New Israel." (My emphasis).
No one can deny the importance of Newtonian and Lockean thought to the
leading intellects of the colonial and the revolutionary period of our
history. But to suggest that the Founding Fathers of this country also
accepted "Calvinistic theology as it worked out in
practice in the New Israel" is to suggest that which is simply not
true. |
| Yes it
is. A person can be an atheist and have political views which are
staunchly Calvinist, especially if he was raised a staunch Calvinist and
moved toward deism only in theological terms.
Russell Kirk, speaking of Fisher Ames, the author of the First
Amendment, in The Conservative Mind from Burke to Eliot,
p.84: Of all the terrors of democracy, the worst is its destruction
of moral habits. "A democratick society will soon find its morals the
encumbrance of its race, the surly companion of its licentious joys….In a
word, there will not be morals without justice; and though justice might
possibly support a democracy, yet a democracy cannot possibly support
justice." Here speaks the old Calvinism which finds milder expression in
John Adams.
Russell Kirk, The Conservative Mind from
Burke to Eliot, p.168 That zeal which flared like
Greek fire in Randolph burned in Calhoun, too; but it was contained in the
Cast-Iron Man as in a furnace, and Calhoun's passion glowed out only
through his eyes. No man was more stately, more reserved, more regularly
governed by an inflexible will. Calvinism moulded John C. Calhoun's
character as it shaped his speeches and books; for though the dogma proper
was dying in him as it had decayed in the Adamses—so that Calhoun, like
John Adams, squinted toward Unitarianism—still there remained that
relentless acceptance of logic, that rigid morality, that servitude to
duty; and these things made the man constant in purpose, prodigious in
energy.
Russell Kirk, The Conservative Mind from
Burke to Eliot, p.225 This revolt of the masses
against the social establishments, property, and intellectual traditions
of the West, commencing in 1789, has continued with only uneasy
intermittent truces down to the middle of the twentieth century. John
Quincy Adams, judging from his prospect of France, said it might mean the
return of barbarism; for popular detestation of the past, [p.226] once
awakened, does not limit itself to annihilation of governments and
economies: if the arts and sciences seem prerogatives of a minority, or if
they appear to impede gratification of popular appetites, they are
involved in the general catastrophe. No possibility could have been better
calculated to rouse the mind of New England in opposition to radical
innovation. Severe, industrious, practical, and Calvinistic, New England
character also displayed a reverence for learning; nowhere, not even in
Scotland, were schooling and reading more general; and an informed public
opinion began to stir against Gallic notions as soon as the French
Revolution commenced. "Resistance to something was the law of New England
nature," Henry Adams writes in his Education; yet despite their
reforming-itch, the New Englanders were in their hearts deeply attached to
their ancestral institutions and alarmed at impersonal forces which were
sweeping their little civilization into the rapids of nineteenth-century
innovation.
Russell Kirk, The Conservative Mind from
Burke to Eliot, p.243 "Experience has ever shown,
that education, as well as religion, aristocracy, as well as democracy and
monarchy, are, singly, totally inadequate to the business of restraining
the passions of men, of preserving a steady government, and protecting the
lives, liberties, and properties of the people." This admonition by John
Adams meant nothing to Emerson. Only the balancing of passion, interest,
and power against opposing passion, interest, and power can make a state
just and tranquil, said Adams. John Adams believed the existence of sin to
be an incontrovertible fact; while Emerson, discarding with the forms of
Calvinism the very essence of its creed, never admitted the idea of sin
into his system. "But such inveterate and persistent optimism," Charles
Eliot Norton remarks of his friend Emerson, "though it may show only its
pleasant side in such a character as Emerson's, is dangerous doctrine for
a people. It degenerates into fatalistic indifference to moral
considerations, and to personal responsibilities; it is at the root of
much of the irrational sentimentalism of our American
politics." Recognition of the
abiding power of sin is a cardinal tenet in conservatism. Quintin Hogg, in
his vigorous little book The Case for Conservatism, re-emphasizes
the necessity for this conviction. For conservative thinkers believe that
man is corrupt, that his appetites need restraint, and that the forces of
custom, authority, law, and government, as well as moral discipline, are
required to keep sin in check. One may trace this conviction back through
Adams [p.244] to the Calvinists and Augustine, or through Burke to Hooker
and the Schoolmen and presently, in turn, to St. Augustine—and, perhaps
(as Henry Adams does) beyond Augustine to Marcus Aurelius and his Stoic
preceptors, as well as to St. Paul and the Hebrews.
Russell Kirk, The Conservative Mind from
Burke to Eliot, p.254 Now belief in the dogma of
original sin has been prominent in the system of every great conservative
thinker—in the lofty Christian resignation of Burke, in the hard-headed
pessimism of Adams, in the melancholy of Randolph, in the "Calvinistic
Catholicism" of Newman. |
| Katz started his discussion by pointing to
some very significant political documents in order to prove his thesis. He
starts his tour de force with The Mayflower Compact,
a political constitution obviously drawn up by people who received their
theology from John Calvin and finishes it with the Constitution of the
United States of America with an aside to the Northwest Ordinance of
1787. Along the way, he shows us various political documents that are
obviously permeated with expressions of dogmatic Christian belief such as
the Fundamental Orders of Connecticut and various state constitutions
written after 1776. There is no doubt that these documents quite
explicitly promote what we
know is historic Protestant Christianity loosely called "Calvinism" by
Katz.
It is when Katz moves on to political documents that have
a reference to a god or Supreme Being that he resorts to a little
theological LEGERDEMAIN. He immediately tells us that it is the god of
Christianity that is being cited. When Katz cites the promotion of religion in
these documents, he claims that it is Christianity that is being
promoted. Nothing could be further from the truth.
|
| Nothing could be further from the ACLU, you mean. The
ACLU says that government may not promote religion, or favor belief over
unbelief. These documents do precisely that. It doesn't matter that
theological purists can find faults in them. They destroy the myth of
secular government and "the separation of church and
state." |
| In my earlier discussion of The Declaration
of Independence, I have already shown that "it was not Cotton Mather's God
to whom the authors of the Declaration of Independence appealed." Is
Bernard Katz seriously trying to tell us that Thomas Jefferson had the
historic Christian deity in mind when he wrote The Virginia Statute of
Religious Liberty or that Jefferson had reference to Calvinism when he
cited religion as one of the virtues to be cultivated in The Northwest Ordinance of
1787? Katz is quite quick to label as Christian or Judeo-Christian any
general reference to a god that he finds in a political document drawn up
during the historical period under discussion.
|
| Nordlander admits that the organic law of our
country seeks to cultivate religion. He has given away the
store. |
|
That Katz was enunciating nonsense in his discussion of The Virginia
Statute of Religious Liberty will be obvious when we review a comment of
Jefferson on the preamble to this statute which Katz quoted in an effort
to prove that it was "flooded with Christianity, including a veiled
reference to Jesus Christ." This is what Thomas Jefferson, the author of
the statute, had to say about this subject:
"Where the preamble declares, that coercion is a departure
from the plan of the holy author of our religion, an amendment was
proposed by inserting the words `Jesus Christ, the holy author of our
religion.' The insertion was rejected by a great majority, in proof that
they meant to comprehend, within the mantle of its protection, the Jew
and the Gentile, the Christian and Mohammedan, the Hindoo and Infidel of
every denomination."
Apparently those who wished to insert the words "Jesus Christ" into the
statute did not think the preamble contained "a veiled reference to Jesus
Christ" nor that it was "flooded with Christianity." The generic god, the
god of brand "x" - if you will - or the god of Deism was the god mentioned
in The Virginia Statute of Relgious [sic - kc] Liberty. The Christian God
had no place in it whatsoever. |
| The mentioning of any god at all violates the "separation
of church and state." It favors believers over unbelievers. The ACLU says
government may not endorse
religion. The Founding Fathers promoted religion anyway.
The Virginia Constitution suggests that Jefferson was imposing his own
wishful thinking upon the Virginia Legislature:
Section 16. Free exercise of religion; no
establishment of religion.
That religion or the duty which we owe to
our Creator, and the manner of discharging it, can be directed
only by reason and conviction, not by force or violence; and, therefore,
all men are equally entitled to the free exercise of religion, according
to the dictates of conscience; and that it is the mutual duty of
all to practice Christian forbearance, love, and charity towards each
other. No man shall be compelled to
frequent or support any religious worship, place, or ministry
whatsoever, nor shall be enforced, restrained, molested, or burthened in
his body or goods, nor 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, and the
same shall in nowise diminish, enlarge, or affect their civil
capacities. And the General Assembly shall not prescribe any religious
test whatever, or confer any peculiar privileges or advantages on any
sect or denomination, or pass any law requiring or authorizing any
religious society, or the people of any district within this
Commonwealth, to levy on themselves or others, any tax for the erection
or repair of any house of public worship, or for the support of any
church or ministry; but it shall be left free to every person to select
his religious instructor, and to make for his support such private
contract as he shall please.
Now Nordland returns to the Franklin-prayer issue,
which we went over above. |
It would seem that Bernard Katz is most
insistent upon subjecting us to the myth that Benjamin Franklin actually
read a prayer to the Constitutional Convention, a version of the Lord's
Prayer composed by Franklin himself. In my earlier discussion, I pointed
to Leo Pfeffer's discussion of what actually happened at the Convention.
Perhaps it might be better to invoke the testimony of a person who was
present at the Convention, a person who can tell us what actually
happened. James Madison is being called as a witness at this point in
order to put forever at rest the nonsense that has been written about the
Constitutional Convention with respect to Benjamin Franklin's suggestion
that prayer be a part of the daily ritual. The entire report of the
incident by Madison is being presented and also to create another
reference source for those interested in this particular topic. We first
have Franklin's plea as recorded in Madison's notes on the Convention, a
plea which was made on June 28, 1787.
"The small progress we have made after four or five weeks close
attendance and continual reasonings with each other - our different
sentiments on almost every question, several of the last producing as
many noes as ayes, is methinks a melancholy proof of the imperfection of
the Human Understanding. |
| Franklin finds "proof of the imperfection
of the Human Understanding" and wants the Convention to
pray? This is "French Enlightenment"
thinking?? |
We indeed seem to feel our own want of political wisdom, since
we have been running about in search of it. We have gone back to ancient
history for models of Government, and examined the different forms of
those Republics which having been formed with the seeds of their own
dissolution now no longer exist. And we have viewed Modern States all
around Europe, but find none of their Constitutions suitable to our
circumstances.
"In this situation of this Assembly, groping as it were in the dark
to find political truth, and scarce able to distinguish it when
presented to us, how has it happened, Sir, that we have not hitherto
once thought of humbly applying to the Father of lights to illuminate
our
understandings? |
- An unmistakable reference to James 1:17
- Every good gift and every perfect gift is
from above, and cometh down from the Father of lights, with Whom is no
variableness, neither shadow of turning.
|
In the beginning of the struggle with Great Britain, when we were
sensible of danger, we had daily prayer in this room for the divine
protection. - Our prayers, Sir, were heard, and they were graciously
answered. All of us who were engaged in the struggle must have observed
frequent instances of a superintending providence in our favor.
To that kind of providence we owe this
happy opportunity of consulting in peace on the means of establishing
our future national felicity. And have we now forgotten that powerful
friend? Or do we imagine that we no longer need his assistance? I have
lived, Sir, a long time, and the longer I live, the more convincing
proofs I see of this truth - that God governs in the affairs
of men. [emphasis in Elliot's edition - kc] And if a
sparrow cannot fall to the ground without his notice, is it probable
that an empire can rise without his aid? We have been assured, Sir,
in the sacred writings that
'except the Lord build the House they labour in vain those that build
it.' I firmly believe this; and I also believe that without his
concurring aid we shall succeed in this political building no better
than the
Builders of Babel: We shall be divided by our partial local
interests; our projects will be confounded, and we ourselves shall
become a reproach and bye word down to future ages. And what is
worse, mankind may hereafter from this unfortunate instance, despair of
establishing Governments by Human wisdom and leave it to cahnce, [sic -
kc] war and conquest.
"I therefore beg leave to move - that henceforth prayers imploring
the assistance of Heaven and its blessings on our deliberations, be held
in this Assembly every morning before we proceed to business, and that
one or more of the clergy of this City be requested to officiate in that
Service.". [sic - kc]
"These were the exact words of Benjamin Franklin at the Constitutional
Convention as recorded by James Madison. No prayer at all was uttered or
read by Franklin. Now let us take a look at the final scene of this comedy
as recorded for posterity by James Madison.. [quotation marks and
indentation in original - kc]
"Mr. Sherman seconded the motion..
"Mr. Hamilton and several others expressed their apprehensions that
however proper such a resolution might have been at the beginning of
this convention, it might as this late day, 1. bring on it some
disagreeable animadversions, and 2. lead the public to believe that the
embarrassments and dissensions within the Convention had suggested this
measure. It was answered by Dr. Franklin, Mr. Sherman and others, that
the past omission of a duty could not justify a further omission - that
the rejection of such a proposition would expose the Convention to more
unpleasant animadversions than the adoption of it: and that the alarm
out of doors that might be excited for the state of affairs within,
would at least be as likely to do good as ill.
"Mr. Williamson observed that the true cause of the omission could
not be mistaken. The Convention had no funds..
"Mr. Randolph proposed in order to give a favorable aspect to ye
measure, that a sermon be preached at the request of the convention on
[the] fourth of July, the anniversary of Independence, and thenceforward
prayers be used in ye Convention every morning. Doctor Franklin seconded
this motion. After several unsuccessful attempts for silently postponing
this matter by adjournment, the adjournment was at length carried,
without any vote on the motion."
It should be obvious that the delegates had been put in an embarrassing
position by Franklin. They obviously didn't want
prayers |
| Where is their dislike of prayer made
"obvious?" |
| but they did not wish to offend Franklin or
those of their political constitutents [sic - kc] who might have looked
with favor on Franklin's proposal for prayer. Pleading poverty might have
been the way out of the dilemma, as one delegate suggested. It is obvious
that Williamson's suggestion was not adopted as Katz implies in his
article for the excuse would not have been believed by anyone. True, the
Convention may not have had public funds for such an expenditure of funds
for the services of a clergyperson but most of the members were wealthy
and affluent individuals in their own right, and they could easily have
paid for the services of a clergyperson out of their own personal
resources if they had really believed such services were really necessary
to launch the new "empire." Moreover, it would appear that no search was
made for a clergyperson whose patriotism would have been insulted had he
been offered money for the privilege of calling upon "God" to bless the
new "empire" in its birth-pangs. Finally, it should be noted that Katz was
mistaken when he said that "Edmund Pendleton, governor of Virginia and
delegate to the Convention, suggested that on the 4th of July they all
could go to church. As noted in Madison's Notes, Randolph suggested that a
sermon be preached at the Convention's request on the fourth of July in
conjunction with daily prayers for the rest of the Convention. This motion
remains in parliamentary oblivion to this very day. The deficiency of the
scholarship of Bernard Katz in this instance should be obvious.
|
| More
facts are here. It is true that prayer should have been voluntarily
funded. Voluntarism was not as big in those days as it should have been.
Custom was otherwise. The Founders brought their culture with them.
Nothing in the evidence suggests a dislike of prayer nor an intent to ban
prayer from governmental functions. Most (if not all) of the state
ratifying conventions began in prayer. Some met in
churches. |
| We have already noticed how Franklin felt
about religion in general and Jesus in particular.
|
| What Franklin felt about religion might be deduced from
his extraordinarily religious plea for prayer. If he was hypocritical in
his frequent citation of Scripture, then we may still deduce his attitude
toward the separation of Scripture and State. |
|
In light of the plea Franklin made at the Constitutional Convention for
daily prayer, it might be helpful to our understanding of this complex
personality to note his attitude towards governmental financial support of
religion as expressed in a letter to Dr. Richard Price on October 9,
1780.
"When a religion is good, I conceive it will support itself; and when
it cannot support itself, and God does not take care to support it, so
that its professors are obliged to call for the help of the civil power,
it is a sign, I apprehend, of its being a bad
one." |
| I can't think of a single member of the "Religious Right"
who does not agree with this, and who advocates tax support for churches.
And yet not a single one would support the federal governments
intervention in local schools to remove all traces of endorsement of
Christianity, and neither did Franklin nor a single signer of the
Constitution. |
|
Turning to Bernard Katz's discussion of the religious clauses of the
First Amendment, we again find him deficient in his research. To gain a
proper understanding of those clauses, we have to understand the
historical circumstances of the people involved in the authorship of the
First Amendment. It is not an accident that the religious clauses of the
First Amendment read as follows:
"Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof."
James Madison had been recently victorious in preventing the State of
Virginia from taxing the people of that state for the support of all
Christian denominations. This would have had the practical effect of
making a legal establishment of the Christian religion had not Madison and
Jefferson, along with the support of Christians who did not wish to be
forced to pay for churches they did not attend and the dissemination of
religious doctrines with which they disagreed, been successful. The
distinction between Christianity in general and Christian sects in
particular was made very explicit by James Madison in his Memorial and
Remonstrance Against Religous [sic - kc]
Assessments. |
Also his distinction between Christianity and "false
religions." Again, not a single member of the Religion Right favors
taxes for Sunday School. Agreement with Madison's Memorial and
Remonstrance does not mean support for the ACLU's myth of "separation
of church and state." |
"Who does not see that the same authority,
which can establish Christianity, in exclusion of all other religions,
may establish with the same ease any particular sect of Christians, in
exclusion of all other sects? That the same authority which can force a
citizen to contribute three pence only of his property for the support
of any one establishment, may force him to conform to any other
establishment in all cases whatsoever."
|
| "Establishment" here means levying taxes and paying
clergy. Nobody defends this. But "disestablishment" did not mean for
Madison giving the power to the federal government to order a Rabbi not to
pray at a high school graduation. |
| Bernard Katz's citation of Wilbur Katz's
contention that "it is very difficult to say what the Senate finally
intended when it approved the version which was ratified by the states" is
ludicrous. Although the Senate did on one occasion turn down one version
of the First Amendment which only prohibited the congress of this country
from establishing a particular sect or denomination as a national religion
and then later passed another version of this concept, common sense would
direct us to the final version dealing of the clauses dealing with
religion in the First Amendment as we know those clauses today. The First
Amendment, in its final version came about as a result of a joint
House-Senate conference committee in which James Madison was one of the
principal participants. Why just the opinion of the Senate appears to
perplex Wilbur Katz and by inference, Bernard Katz, is hard to understand.
Why not discuss the attitude of the House of Representatives? In the final
analysis, one can reasonably infer that the Senate was ultimately brought
around to the perspective of that delegate from the House of
Representatives to the Joint House-Senate conference committee, James
Madison, who is said to have written the committee report.
|
| Justice Rehnquist says that the "wall of separation" is a
bad legal metaphor. Read his
account of the evolution of the language of the First
Amendment. |
|
We have already commented previously on Bernard Katz's contention that
Thomas Jefferson had reduced the wall of separation between church and
state to a "curbstone." It might be instructive to view the language of
James Madison as applied to this subject as it reflects his broad view of
the issue of governmental involvement in religion.
"Strongly-guarded as is the separation between religion and
government in the Constitution of the United States, the danger of
encroachment by Ecclesiastical Bodies may be illustrated by precedents
already furnished in their short history." (Detached
Memoranda). |
| There is not a single member of the "Religious Right" who
does not believe in the separation of Ecclesiastical Bodies and the State.
Belief in such a separation is not a denial that we should be a nation "under
God." |
|
It is only fair to point out that Madison did not have a naive faith in
constitutional or legal guarantees. He was always conscious of the
realities of political power and the threat that the misuse of political
power posed to our civil and religious liberties. Speaking of religious
liberties in a letter addressed to Thomas Jefferson on October 17, 1788,
Madison made the following observation:
"I am sure that the rights of conscience in particular, if
submitted to public definition, would be narrowed much more than they
are likely ever to be by an assumed power. One of the objections in New
England was that the Constitution by prohibiting religious tests, opened
a door for Jews, Turks and infidels....In Virginia, I have seen the bill
of rights violated in every instance where it has been opposed to a
popular current. Notwithstanding the explicit provisions contained in
that instrument for the rights of Conscience, it is well known that a
religious establishment would have taken place in that State, if the
Legislative majority had found, as they expected, a majority of the
people in favor of the measure; and I am persuaded that if a majority of
the people were now of one sect, the measure would still take place, and
on narrower grounds than it was then proposed notwithstanding the
additional obstacle which the law has since created. Wherever the real
power in a government lies, there is the danger of
oppression." |
|
To what then can we truly attribute religious freedom? Madison answered
this question in an earlier letter to Patrick Henry dated June 12,
1788.
"This freedom arises from that multiplicity of sects, which
pervades America, and which is the best and only security for religious
liberty in any society. For where there is such a variety of sects,
there cannot be a majority of any one sect to oppress and persecute the
rest." |
| James Madison knew that it was unlikely
that one sect would be able to gain the exclusive support of government;
hence, his support of the religious clauses of the First Amendment that
could serve as an obstacle to a collective support of all religions on the
part of government. Needless to say, the Bernard Katz view of the
religious clauses of the First Amendment is the view of the Roman Catholic
hierarchy, the Moral Majority and other reactionary religionists who
believe government ought to aid their efforts in imposing their particular
sectarian religious perspectives upon the rest of society. Until very
recently, we have been most fortunate in having a Supreme Court that
rejected, for the most part, the Katz view of the First Amendment. The
spirit of James Madison lives on! |
| Heaven only knows what "the" view of the Roman Catholic
hierarchy is these days. I sincerely doubt it compares with the agenda of
the Moral Majority on all points. However, the conservative agenda of our
"Unitarian" Founding Fathers is much closer to that of both those
institutions than it is to the ACLU. |
| Bernard Katz concludes his essay with a
number of quotes from George Washington, John Adams, Thomas Jefferson and
James Madison, arguing that their "godtalk" was Christian "godtalk." The
truth of the matter is that. with the exception of the quotation
attributed to John Adams, the "godtalk" is generic "godtalk" delivered by
people who were essentially Deist in their theological outlook.
|
| But the Soopreme Court has banned ALL "godtalk" from
classrooms and the public square. This shows that the modern myth of
Separation was not held by the "deistic" Founding Fathers. The Moral
Majority would be happy substitute this "deism" for the totalitarian
secularism which now prevails. |
|
As for the explicitly Christian statement made by John Adams during his
inaugural address, we are obliged to remember that it was made shortly
after the reign of Robespierre and Madame Guillotine in France for which
Dame Reason and her critique of religious orthodoxy were given the blame.
It was a period in history comparable to the 1950's when "God" became
America's ally in the Cold War. We have to remember that the Christianity
of John Adams was Unitarianism. When he was not on public display, he
expressed himself quite explicitly on the subject of orthodox Christianity
in a letter addressed to Thomas Jefferson dated April 19, 1817.
"From the bottom of my Soul, I pity my Fellow Men. Fears and
Terrors appear to have produced a universal Credulity. Fears of
Calamities in Life and punishments after death, seem to have possessed
the Souls of all Men. But fear of Pain and Death here, do not seem to
have been so unconquerable as fear as to what is to come hereafter.
Priests, Hierophants, Popes, Despots, Emperors, Kings, Princes, Nobles,
have been as credulous as Shoeblacks, Boots, and Kitchen Scullions. The
former seem to believe in their divine Rights as the latter. Autos da fé
in Spain and Portugal have been celebrated with as good Faith as
Excommunications have been practiced in Connecticut or as Baptisms have
been refused in Philadelphia..
"How is it possible tha [sic - kc] Mankind should submit to be
governed as they have been is to me an inscrutable Mystery."
|
Adams very appropriately opposed abuses of Christianity.
This does not logically entail support for atheism.
Suppose a nation in some distant region should take the Bible for
their only law book and every member should regulate his conduct by the
precepts there exhibited.... What a Eutopia, what a Paradise would this
region be.[57] I have examined all
[religions]... and the result is that the Bible is the best Book in the
world. It contains more of my little philosophy than all the libraries I
have seen.[58]
57. John Adams, Works, Vol. II, pp. 6-7, diary entry for
February 22, 1756. 58. John Adams, | |