Sunday, November 3, 2024

The "Revolution" of 1800


The presidential election of 1800 was an intense political contest. Pitting two clearly opposing parties against each other for the first time, the Federalists and the Republicans (organized in 1792, later called "Democratic Republicans") fought in what some historians have called the dirtiest campaign in US politics. Referred to by Thomas Jefferson in 1819 as “The Revolution of 1800,” the election results marked the first peaceful change of executive party in the U.S. and confirmed the role of both compromise and the electorate in choosing the American president. 
The election was also a political realignment that ushered in a generation of Democratic-Republican leadership through 1825.

"The nation had a choice between John Adams and Thomas Jefferson. Federalists feared that Jefferson would return power to the states, dismantle the army and navy, and overturn Hamilton's financial system. The Republicans charged that the Federalists, by creating a large standing army, imposing heavy taxes, and using federal troops and the federal courts to suppress dissent, had shown contempt for the liberties of the American people. They worried that the Federalists' ultimate goal was to centralize power in the national government and involve the United States in the European war on the side of Britain. Jefferson's Federalist opponents called him an "atheist in religion, and a fanatic in politics." They claimed he was a drunkard and an enemy of religion. The Federalist Connecticut Courant warned that "there is scarcely a possibility that we shall escape a Civil War. Murder, robbery, rape, adultery, and incest will be openly taught and practiced."

Jefferson's supporters responded by charging that President Adams was a monarchist who longed to reunite Britain with its former colonies. Republicans even claimed that the president had sent General Thomas Pinckney to England to procure four mistresses, two for himself and two for Adams. Adams's response: "I do declare if this be true, General Pinckney has kept them all for himself and cheated me out of my two."

The election was extremely close. It was the Constitution's Three-fifths clause, which counted three-fifths of the slave population in apportioning representation, that gave the Republicans a majority in the Electoral College. Jefferson appeared to have won by a margin of eight electoral votes. But a complication soon arose. Because each Republican elector had cast one ballot for Jefferson and one for Burr, the two men received exactly the same number of electoral votes.

Under the Constitution, the election was now thrown into the Federalist-controlled House of Representatives. Instead of emphatically declaring that he would not accept the presidency, Burr declined to say anything. So, the Federalists faced a choice. They could help elect the hated Jefferson--"a brandy-soaked defamer of churches"--or they could throw their support to the opportunistic Burr. Hamilton disliked Jefferson, but he believed he was a far more principled and honorable man than Burr. [As the House of Representatives prepared to vote to break the deadlock, Hamilton conducted a furious letter-writing campaign to urge fellow Federalists to vote for Jefferson
].

As the stalemate persisted, Virginia and Pennsylvania mobilized their state militias. Recognizing, as Jefferson put it, "the certainty that a legislative usurpation would be resisted by arms," the Federalists backed down. After six days of balloting and 36 ballots, the House of Representatives elected Thomas Jefferson the third president of the United States."[1]

On March 4, 1801, Thomas Jefferson walked from his boarding house to the Senate Chamber. John Adams had already left Washington, and as was the custom at the time, Jefferson gave his inaugural address before taking the oath as president. Uncomfortable speaking in public, he addressed an audience of approximately 1,000 people for fewer than 30 minutes. The speech was printed in the newspapers the next day and was well received by members of both parties. A significant passage follows:

During the contest of opinion through which we have passed the animation of discussions and of exertions has sometimes worn an aspect which might impose on strangers unused to think freely and to speak and to write what they think; but this being now decided by the voice of the nation, announced according to the rules of the Constitution, all will, of course, arrange themselves under the will of the law, and unite in common efforts for the common good. All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. Let us, then, fellow-citizens, unite with one heart and one mind. Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things...
[E]very difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all Republicans, we are all Federalists. If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it...."[2]

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[1] https://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=2&psid=2978 

[2] https://avalon.law.yale.edu/19th_century/jefinau1.asp

Tuesday, September 24, 2024

The Great Pillars of Human Happiness: Religion, Virtue, and Republican Liberty

By: Tony Williams

In his First Inaugural Address as the first President of the new United States, George Washington echoed the Puritan idea that America was a “city upon a hill.” He stated that, “The preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered as deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.” 

Do not forget that the Americans were attempting something radically new in a world of monarchy, despotism, and tyranny ~ governing themselves by their own consent. They were attempting something that had failed in Greece . . . then in Rome . . . then in the Renaissance Italian city-states ~ self-government, democracy, republicanism. Americans had a great opportunity to attempt that great experiment and had a sacred obligation to preserve that liberty and govern themselves. If they succeeded, they would prove to the world that self-government were possible, and if they failed, it would definitively show that man was meant to be governed by another, meant to be dependent rather than independent and free. 

As Alexander Hamilton said in Federalist Paper #1: 

It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government by reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. 

Most of the Founding Fathers thought it was doomed to failure for at some point in the future, human nature might again sink to its depths and the experiment would collapse. How would it thrive and endure? Upon what great pillars would be edifice be erected? 

Let us allow the Founding Fathers to answer these questions in their own words.

George Washington said, “Virtue or morality is a necessary spring of popular government.” 

John Adams said, “Liberty can no more exist without virtue and independence than the body can live and move without a soul.” 

His radical cousin, Samuel Adams, said: “Public liberty will not long survive the total extinction of morals. Men will be free no longer than they remain virtuous.” 

Even the more libertine Benjamin Franklin agreed: Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters.” 

James Madison mocked the idea that any other conclusion was reasonable: “To suppose that any form of government will secure liberty and happiness without any virtue in the people is a chimerical idea.” 

Indeed, Richard Henry Lee thought it axiomatic and self-evident: “It is certainly true that a popular government cannot flourish without virtue in the people.” 

Patrick Henry said it too, though with his typical verve: Virtue, morality, and religion. This is the armor, my friend, and this alone that renders us invincible. If we lose these, we are conquered, fallen indeed.” 

But, what is virtue? Vir is the Latin for man, so it is how a man acts. Well, there are seven cardinal virtues in Christianity which present a juxtaposition to the seven deadly sins; there are classical virtues from ancient Greece. The republican virtues of the American Revolution were patriotism, self-sacrifice, serving the public good, morality, frugality, and simplicity. 

Perhaps Madison is right, and the conclusion is inescapable ~ liberty without virtue is anarchy and a government without cannot endure. The common answer of these Founding Fathers was that a self-governing people must literally govern themselves, their passions, their desires. They were free and independent men but their liberty was not one of licentiousness; it was an ordered liberty. A liberty governed by virtue. 

OK, so I think I’ve show that the Founders thought virtue was necessary in a self-governing people. But, there is a great unanswered question. Exactly how was virtue to be inculcated in the republican American people? 

Thomas Jefferson offered an answer that men would become virtuous when they were taught by the great minds and philosophers of the past. These appeared in his curriculum for the University of Virginia. He thought, “No government can continue but under the control of the people; and their minds are to be informed by education what is right and what wrong; to be encouraged in habits of virtue and to be deterred from those of vice.” Jefferson continues, “These are the inculcations necessary to render the people a sure basis for the structure and order of government.” 

Jefferson’s answer is at least partly satisfying, and would probably go a long way toward solving many of the ills in our society. First of all, I think that we all wish that schools and colleges were actually doing this. But, they have usually become the repositories of knowledge rather than wisdom, questioning whether there even is a right and wrong rather than teaching it. Secondly, the philosophers, particularly of Western Civilization, have wrestled with the human condition and questions of virtue and have important things to teach us. Thirdly, Jefferson specifically addresses Aristotle and his idea that we must practice virtue to let it become a habit ~ we would be wise to habituate our youth – not to mention ourselves – to virtue. 

But, Jefferson’s answer is also partly unsatisfying. It is perhaps not the whole truth, particularly when we look at the Revolutionary generation and the Founding Fathers themselves. In his “Farewell Address,” Washington says that we must be cautious in simply believing that education in an Age of Enlightenment will make men virtuous. He says, “Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in the exclusion of religious principle.” 

Religion is the foundation upon which Washington and many others believed virtue and morality to be rooted upon. Indeed, as I point out in my book, Hurricane of Independence, it followed a very logical path: religion was the basis for virtue and virtue was the basis for a free people to govern themselves. Take any element out and the experiment in republican liberty would collapse and fail. 

Washington continued, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.” They were “great pillars of human happiness, these firmest props of the duties of men and citizens.” He gave this warning: “Let us with caution indulge the supposition that morality can be maintained without religion.” 

General George Washington and Congress had done precisely that during the Revolutionary War. When Washington went to Boston and assumed command of the army in 1775, he found New Englanders “an exceeding dirty and nasty people” and disliked their licentiousness. He sought to unify these soldiers from all over the colonies and instill a common spirit of virtue. He prevented them from skinny-dipping in front of ladies and other offenses, but more seriously required them to attend religious services and allowed to appoint chaplains. His messages are filled with exhortations to religious practice and virtue. 

The Continental Congress meeting in Philadelphia went to pray and worried about their plurality. After all, there were Episcopalians, Quakers, Baptists, Presbyterians, Congregationalists, and in time a Catholic. The divisions among these groups were often deeply-rooted. Sam Adams rose and stated what would become a principle: “He was no bigot, and could hear a prayer from a gentleman of piety and virtue, who was at the same time a friend to his country.” Congress attended religious services and had chaplains pray from different denominations and faiths. And, they weren’t the milquetoast, almost meaningless prayers of today at graduation ceremonies that are routinely declared unconstitutional. Congress declared days of thanksgiving as well as days of fasting and prayer. 

When he became president, George Washington firmly believed that he supported the idea that religion was the basis of virtue and virtue was the basis of good citizenship. Yet, he also had a firm belief in religious tolerance and religious liberty in a pluralist and free nation in his several letters to various religious groups who wished him well. While Thomas Jefferson is generally given the credit for religious tolerance, Washington did at least as much, if not more, for its cause. 

He wrote to the General Assembly of Presbyterian Churches: “While all men within our territories are protected in worshipping the Deity according to the dictates of their consciences, it is rationally to be expected of them in return . . . the innocence of their lives and the beneficence of their actions.” He praised them for their “laudable endeavors to render men sober, honest, and good citizens.” 

He wrote to the Annual Meeting of Quakers: “The liberty enjoyed by the people of these states of worshipping Almighty God agreeably to their consciences, is not only among the choicest of their blessings, but also of their rights.” 

He wrote to the Hebrew Congregation in Newport: “It is now no more that toleration is spoken of as if were the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights, for, happily, the government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens.” 

Washington’s wisdom resonated across the land and I think still resonates today. As a society, we have forgotten that freedom is not licentiousness, not an opportunity to let loose the mortal passions within. Patrick Henry warned that “Bad men cannot make good citizens. It is when a people forget God that tyrants forge their chains. A vitiated state of morals, a corrupted public conscience, is incompatible with freedom.” 

Rather, it is an ordered liberty and self-government is rooted on virtue and morality which is rooted in religion. We need not tell a man how to worship God, for he has religious liberty, but we hope that he does worship God. Religious liberty and religious practice were essential pillars of the American Revolution. We shall hardly remain a “city upon a hill” should we forget that. As Patrick Henry also said, “No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and a frequent recurrence to fundamental principles.” 

We shall allow John Adams to have the last word: “We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry would break the strongest cords of our constitution as a whale goes through a net.” We should stop promoting “values” which are only what the individual values, they are soft and relative. Let us each embrace the virtue spoken of by Washington and our Founders and reclaim our republic!

Sunday, June 30, 2024

J. Reuben Clark, Jr. and the Constitution

Joshua Reuben Clark, Jr. was born on September 1, 1871 in Grantsville, Utah to Joshua Reuben Clark and Mary Louisa Wolley Clark. He graduated in the first class at the University of Utah in 1898 and married Luacine Annetta Savage in September of that year. They became the parents of three daughters and one son. In 1903 Clark moved his family to New York City to attend the law school at Columbia University, where he graduated with an LL.B. degree in 1906. He excelled in law school and was elected to the editorial board of the Columbia Law Review. During his public career from 1906 to 1933, Clark served as assistant solicitor, solicitor, and undersecretary of the U. S. State Department, taught as an assistant professor of law at George Washington University, and crowned his public career by serving as U.S. Ambassador to Mexico. It was during his service as undersecretary of the State Department that he published his influential “Clark Memorandum on the Monroe Doctrine.” 

In July 1935, J. Reuben Clark, Jr. spoke at a luncheon at the California Club on the subject of the Constitution, and said in part: “ We are deaf today to the approach of tyranny because we have lived so long under the protection of the Constitution that we take for granted the blessings of liberty . . . . We need more people today with strong convictions in support of the Constitution and with courage to back their convictions.”  J. Reuben Clark, Jr., “Stand Fast by Our Constitution” (Deseret Book Co. 1973), p. 4 (cited herein as “Clark”). 

He was a devoted and life-long student of history and of the roots of the American founding. With particularity he studied the Roman legal system and its progeny. From this background, he viewed the Constitution “as emerging from a long historical process. . . . [and saw] the framers of the Constitution as being men of great historical knowledge as well as practical experience.” He said: 

The Framers of our Constitution . . . were trained and experienced in the Common Law. They remembered the barons and King John at Runnymede. They were thoroughly indoctrinated in the principle that true sovereignty rested in the people. . . . Deeply read in history, steeped in the lore of the past in human government, and experienced in the approaches of despotism which they had, themselves, suffered at the hands of George the Third, these patriots, assembled in solemn convention, planned for the establishment of a government that would ensure to them the blessings they described in the Preamble. (Clark, p. 145, 147). 

Yes, he revered the Framers, and describing them said, “[a]s giants to pygmies are they when placed alongside our political emigres and fellow travelers of today, who now traduce them with slighting word and contemptuous phrase.” (Clark, pp. 135-36).         

A key feature of the Constitution important to J. Reuben Clark was the Bill of Rights, and particularly the First Amendment. He observed that “the greatest struggle which now rocks the whole earth more and more takes on the character of a struggle of the individual versus the state.” (Martin B. Hickman, “J. Reuben Clark, Jr.: The Great Fundamentals,” BYU Studies 13:3 (1973), p. 257 (cited herein as “Hickman”). In this regard, “he was particularly concerned with the protection of the freedoms guaranteed by the First Amendment: freedom of the press, of speech, and of religion.” (Id.) His firm opinion was that, “the fathers felt that when they protected freedom of speech and of the press against government interference, they had effectively guaranteed the citizens freedom to talk and write as they felt and thought about their own government” (Id., p. 269), and that this was essential to a free society. 

In describing the concept of federalism inherent the Constitution (see 9th & 10th Amendments), J. Reuben Clark emphasized that there is a dual jurisdiction in our Constitutional form of government -- State and Federal. He felt strongly that a limited federal government is what the Founding Fathers clearly intended in the Constitution, and that  “local government governs best.” He said: 

The Federal Government may only do what we the people have authority to do; if it does more it is guilty of usurpation. The people have reserved to themselves or to their State governments every right and power they have not delegated to the Federal Government, which must always look to the Constitution and its amendments to find its rights, for it has none other. This system puts the great bulk of our daily life activities in the hands of our own neighbors who know us and our surroundings, and not in the hands of a bureaucrat in a far-away national capitol, who, to all intents and purposes, is an alien to us and our affairs. This plan gives the largest possible measure to local self government. Liberty will never depart from us while we have local self-government controlling and directing matters pertaining to our personal liberties and to the security of our private property; it will not abide with us if we lose our local self government. (Clark, pp. 187-88). 

In regard to an informed society, Clark continually stressed the need for all American citizens to “constantly review the purposes for which the Constitution was written.” (Id., p. 271). He taught that our patriotic allegiance should not run to individuals or government officials “no matter how great or small they may be,” but that the only allegiance we owe as citizens runs to our Constitution. He stated that “this principle of allegiance to the Constitution is basic to our freedom.” (Clark, p. 189). He decried “those who . . . are incapable of understanding or appreciating the fundamentals of, or to think practically and creatively about, the problems of free self-government.” He expressed the conviction that “those who understand the spirit as well as the word of the Constitution will be able . . . to preserve its great principles and the republican form of government for which it provides.” (Clark, p. 158). 

With respect to the founding documents with which every citizen should be familiar and conversant, J. Reuben Clark was a diligent student of the history of the founding and particularly the Federalist Papers. He made the statement (in agreement with Thomas Jefferson) that “these essays have been appraised as ‘the greatest treatise on government that has ever been written,’ and its writers have been ranked as of the same order with Aristotle, Montesquieu, and Locke.” (Id., p. 135). He quoted Fiske stating that, “for all posterity the Federalist must remain the most authoritative commentary upon the Constitution that can be found.” (Id., p. 167). He also loved George Washington's poignant Farewell Address, and described it as a “prophetic admonition and warning.” He frequently quoted excerpts from the address when writing or speaking on the meaning of the Constitution and earnestly recommended to his listeners “to read it in its entirety.” 

In connection with Constitutional learning and vigilance, he vigorously urged each citizen to be watchful and to discern gradual encroachments to our liberties under the Constitution. James Madison stated: “I believe that there are more instances of the abridgment of the freedom of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations.” Echoing Madison's admonition, J. Reuben Clark offered this solemn warning: 

In the whole history of the human race, from Adam until now, Tyranny has never come to live with any people with a placard on his breast bearing his name. He always comes in deep disguise, sometimes proclaiming an endowment of freedom [or rights], sometimes promising to help the unfortunate and downtrodden, not by creating something for those who do not have, but by robbing those who have. But Tyranny is always a wolf in sheep's clothing, and he always ends by devouring the whole flock, saving none. (Clark, p. 5).