Thursday, January 17, 2019

Kidd on GW's Faith

From this post in 2017, Thomas Kidd examines "Ron Chernow’s extraordinary 2010 biography of Washington" and makes some observations about George Washington's faith. A taste:
For his own part, Washington’s Anglican faith was moderate and utterly reserved. That is how we should account for Washington’s irregular church attendance and his failure to take communion, Chernow explains. He never liked to make a public show of his own faith. This is also the reason why Chernow doubts that Washington was ever seen praying as depicted in the popular painting “George Washington in Prayer at Valley Forge.”
“The reason to doubt the story’s veracity is not Washington’s lack of faith,” Chernow writes, “but the typically private nature of his devotions.” Chernow’s portrayal of Washington’s near-secretive faith seems quite plausible, although it would still not account for Washington’s strange decision hardly ever to utter or write the name of Jesus Christ in his thousands of surviving letters and public statements.
Yes this is true. In the perhaps 20,000 pages of words that George Washington left us, the name "Jesus Christ" is mentioned only once by name and one other time by example. Both in public addresses written by aides, but given under Washington's hand. In none of Washington's private letters is the name or example of Jesus Christ invoked. Though more generic God words are replete throughout Washington's recorded public and private words.

Sunday, January 6, 2019

What Was Unique About the American Founding and Religion

The American founding had a number of novel things to it. Though it wasn't entirely novel. For instance, the American Revolution wasn't quite as novel as say, the French Revolution which it inspired. On religion (correct me if I am mistaken), every single modern Western European nation state at the time was in some way formally connected to an official Christian sect.

At the state level, America post founding still retained some "state established" churches, which were on their way out.

But at the federal level, there was nothing. George Washington, America's first President, was like many founders, formally/nominally affiliated with the Anglican then Episcopalian Church. "The Church of England" against which America had then separated.

When Washington spoke to the different religious "factions," he had a method of seeming to be all things to all people. For instance, recent events remind of us of Islam's place in the mind of America's founders. With the assistance of his Secretary of State, Thomas Jefferson, Washington delivered remarks to Morocco where he claimed to "adore" (his word) the same God as the Muslim leader.

Now, one could write this off as something "diplomatic." Perhaps it was. It's certainly the kind of sentiment today that leaders in pluralistic societies use. But back then, before America, every single head of state was connected to an official church. And it was expected that in their public utterances, they would endorse that particular brand of faith. Not generic, bridge building, monotheism.

That's something that arguably Washington and the other early American Presidents invented. And perhaps they were so effective at it because such a sentiment mirrored their privately held religious convictions which focused more on commonly held doctrines of monotheism and virtue, while if not downplaying, outright removing other more divisive sectarian "doctrine."

Friday, January 4, 2019

On "Jefferson's Qur'an"

Missing from the current "happy face" reporting on new congresspersons swearing in on "Jefferson's Qur'an" is that his 1734 translation by George Sale is accompanied by a preface that is highly critical of Islam as serious religion.

Image result for jefferson's koran

The Protestants alone are able to attack the Koran with success; and for them, I trust, Providence has reserved the glory of its overthrow.


...for how criminal soever Mohammed may have been in imposing a false religion on mankind...

The Qur'an of course, borrows liberally from the stories of the Bible and indeed contains many common sense truths of its own; thus the cover page itself quotes St. Augustine, "Nulla falsa doctrina est quae non aliquid veri permisceat," that is, “There is no false doctrine that does not contain some truth.”

So the front page of the very "Jefferson Qur'an" these folks are swearing upon calls its contents "false doctrine" mixed with some truth. The irony is complete. And so it goes also in our current world of "news": We may get the truth, but seldom the whole truth.

Full text here, courtesy of

Jefferson's Koran

So Rep.-elect Rashida Tlaib (D-Mich.) will be sworn in using Thomas Jefferson's copy of the Koran. There is a myth going around that Jefferson owned a copy of that book because he wanted to better understand the enemy.

The problem with this claim is that it is not true. I've studied the Founding record meticulously and found NO evidence that Jefferson was interested in the Koran because he saw Islam as an ENEMY faith or to better understand a threat.

That's not to say that certain Islamic forces didn't cause threats and other problems for Jefferson and other Founders. The best someone like Robert Spencer could argue is that the Founding Fathers were naive for NOT concluding Islam qua Islam was a threat.

Read the Treaty of Tripoli where the Founders conceded the American government was not in any sense founded on the Christian religion and as such they sought peaceful relations with Muslims.

Jefferson, J. Adams, Franklin and Washington all thought Jews, Christians and Muslims worshipped the same God. The Founding Fathers arguably saw Roman Catholicism as more of a threat than Islam. And they were far more concerned with the persecution and bloodshed that in-fights among Christian sects had been causing than from Islam.

Tuesday, December 25, 2018

Merry Christmas from the Moon

Fifty years ago today, remembering the important things as these men did, seems longer ago and even farther away with each passing year and to some, even silly. But Merry Christmas to all those here gathered anyway—May we smile today, give thanks, and be inspired in the coming year to perpetuate their silliness...

It was on Christmas Eve 1968 that the astronauts of Apollo 8, Frank Borman, Jim Lovell, and Bill Anders, became the first of mankind to see an earthrise from the orbit of the moon, and looking back on us, they spoke these words:

Anders: "We are now approaching lunar sunrise. And, for all the people back on earth, the crew of Apollo 8 have a message that we would like to send to you...

"In the beginning, God created the Heaven and the Earth. And the Earth was without form, and void; and darkness was upon the face of the deep. And the Spirit of God moved upon the face of the waters. And God said, Let there be light; and there was light. And God saw the light, that it was good; and God divided the light from the darkness."

Lovell: "And God called the light Day, and the darkness He called Night. And the evening and the morning were the first day. And God said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters. And God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament; and it was so. And God called the firmament Heaven. And the evening and the morning were the second day."

Borman: "And God said, Let the waters under the Heaven be gathered together unto one place, and let the dry land appear; and it was so. And God called the dry land Earth; and the gathering together of the waters He called Seas: and God saw that it was good."

And from the crew of Apollo 8, we close with good night, good luck, a Merry Christmas, and God bless all of you, all of you on the good earth."

Tuesday, December 18, 2018

Who Were the American Unitarians?

Much has been written here about the "unitarians" of the Founding era. John Adams averred he was one, as did Abagail Adams. But were they Christians?

Well, they certainly considered themselves Christians, and protested quite vociferously when accused of not being Christians, usually by competing "orthodox" clergy.

It all came to a head around 1815, when William Ellery Channing---generally regarded then (as now) as exemplary of that era's unitarianism---answered some prevailing charges against unitarianism in

A Letter to the Rev. Samuel C. Thacher on the Aspersions Contained in a Late Number of the Panoplist, on the Ministers of Boston and the Vicinity


Now, perhaps the defining feature of unitarianism was that it didn't believe in the Trinity---as John Adams noted, 1 + 1 + 1 would equal Three, not One. Hence the term "unitarian."

There were other orthodox doctrines rejected, too, namely, as Channing wrote:

"I fear, that the Author of the Lord's prayer will, according to this rule, be driven as a heretick from the very church which he has purchased with his own blood. In that well known prayer I can discover no reference to the "inspiration of the holy scriptures, to the supreme divinity of the Son and Holy Ghost, to the atonement and intercession of Jesus Christ, to the native and total depravity of the unregenerate, and to the reality and necessity of special divine grace to renew and sanctify the souls of men;" and these, let it be remembered, are _five_ out of the _six_ articles which are given by the Reviewer as fundamental articles of a christian's faith."

So that's what they didn't believe. So what did they believe? Channing wrote:

"The word UNITARIANISM, as denoting this opposition to Trinitarianism, undoubtedly expresses the character of a considerable part of the ministers of this town and its vicinity, and the commonwealth...We both agreed in our late conference, that a majority of our brethren believe, that Jesus Christ is more than man, that he existed before the world, that he literally came from heaven to save our race, that he sustains other offices than those of a teacher and witness to the truth, and that he still acts for our benefit, and is our intercessor with the Father. This we agreed to be the prevalent sentiment of our brethren." 

Is that Christian enough? Certainly not to the orthodox clergy and various laymen of the time who stood in opposition to them.

Probably not Christian enough for most Christian theologians of any stripe today, certainly not evangelical or orthodox.

But perhaps Christian enough for the sociologist or the historian. "Unitarian Christian" is my own preference, both descriptively and definitively, at least for our best understanding in this day and age. [Channing and others used "'rational' Christians," but in our day, I'm not sure that's helpful or descriptive enough, although it's certainly a proper term. Channing himself published a popular tract in 1819 called Unitarian Christianity.]

Do read Channing's letter for yourself, as there's more than can be sketched or excerpted here. It offers an excellent window into what is called the Unitarian Controversy today, and clearly outlines the issues and the players, a clarity we need to consider the unitarians properly in the scheme of things.

The primary qualitative sine qua non for an understanding of unitarianism as Christianity is a belief that the Bible is literally the Word of God--even if corrupted over the centuries by churches, churchmen and assorted prophets and scholars, even if well-intentioned. The following excerpt from Channing contains too many ellipses [by a Dr. Jan Garrett] to be taken as a primary source, but it conveys enough of the unitarian view of scripture to serve as a starting point.

1 Thes. v. 21: "Prove all things; hold fast that which is good."

I shall [try to explain] the [methods we use] in interpreting the Scriptures . . . and . . . some of the [teachings] that [they] . . . seem to us clearly to express.
I. We regard the Scriptures as the records of God's . . . revelations to mankind, . . . Whatever [ideas] seem to us to be clearly taught in the Scriptures, we receive without reserve . . . We do not, however, attach equal importance to all the books in this collection.
Our religion . . . lies chiefly in the New Testament. . . . whatever [Jesus . . . ] taught, either during his personal ministry, or by his . . . Apostles, we regard as of divine authority . . . This authority, which we give to the Scriptures, is a reason . . . for studying them with peculiar care, and for inquiring . . . into the principles of interpretation . . . by which their . . . meaning may be [determined] . . .
Our [primary guideline] in interpreting Scripture is this, that the Bible is a book written for [human beings], in [human] language . . . and that its meaning is to be sought in the same [way] as that of other books. . . . God, when he speaks to the human race, [abides by] the established rules of speaking and writing. . . . Now all books, and all conversation, require in the reader or hearer the constant exercise of reason; . . . their . . . [meaning] is only to be obtained by continual comparison and inference. Human language, . . . admits various interpretations; and every word and every sentence must be modified and explained according to the subject which is discussed, according to the purposes, feelings, circumstances, and principles of the writer, and according to the [features] of the language . . . he uses. These are acknowledged principles in the interpretation of human writings . . .

One may protest this contains too much theological leeway to be considered "Christian," but as one unitarian argued in the 19th century, it certainly qualifies as Protestant!

Monday, December 17, 2018

Waligore on Unitarians

Dr. Joseph Waligore is working on a new book that will tackle, among other things, some of the unitarians who influenced the American founding and who otherwise were influential in Great Britain during the times that interest the American Creation blog.

In the comments section he gave us a little taste:
The best known of the liberal Dissenters were the Unitarians, Christians who rejected the doctrine of the Trinity, and often thought Jesus was merely human. Many scholars of American religious history, such as Gregg L. Frazer and Paul Conklin, assert that the religious beliefs of John Adams and Thomas Jefferson mean they were Unitarians. Furthermore these scholars assert these presidents’ mentor was Joseph Priestley, the most important Unitarian theologian. Chapter seven explains in detail how Jefferson and Adams shared the English deists’ emphasis on God’s goodness and total fairness. The scholars who think Priestley was Jefferson and Adams’ mentor also think Priestley shared their emphasis on God’s total goodness. Frazer declares that Priestley stressed God “was, fundamentally, benevolent, . . . [he] rejected biblical accounts of God’s wrath and vengeance.” What Frazer and other scholars do not understand is how much Priestley was situated in the tradition of the liberal Dissenters, and shared their beliefs about the Bible, particularly their belief in the accuracy of the Old Testament. The scholars of American religious history share religion scholar Bruce K. Waltke’s mistaken idea of Priestley’s view of biblical authority. Waltke, in his book on Old Testament theology, claimed Priestley, like French skeptics such as Diderot and Voltaire, had a liberal outlook on the authority of the Bible. According to Waltke, liberals put reason above revelation and so detract from the authority of the Bible by making reason the foundation of theological reflection. For Waltke, this means liberals approach the Bible with the same skepticism they apply to other ancient Near Eastern myths. Waltke asserts liberals consider the Bible stories as the product of human mythopoetic imagination, and so he thought liberals gave no more credence to the Bible’s account of God’s intervention in human affairs than they do to other Near Eastern myths. 
Waltke is claiming that anyone who believes in reason must treat the Bible as a myth. But Priestley shared with other liberal Dissenters a belief that reason supported the authority of the Old Testament. Priestley’s views will be discussed in detail in chapter seven when his views are compared to those of John Adams and Thomas Jefferson’s. Priestley’s beliefs on biblical authority were very similar to those of John Taylor, another prominent liberal Dissenter. Taylor was a minister and scholar who eventually taught at Warrington Academy, the most eminent Dissenter college. In fact, when Taylor died in 1761, Priestley replaced him as professor at the academy.

Taylor believed the Bible was not the fully inspired Word of God. However, he thought the historical parts of the Bible were written by men fully acquainted with the facts; meaning that he accepted the Old Testament accounts as true historical facts of what actually happened before Jesus was born. Taylor believed in the Garden of Eden, Noah’s Flood, and the destruction of the Tower of Babel. To explain how Moses could have a reliable account of far earlier events without being inspired by God, Taylor pointed to the biblical claim that Hebrew patriarchs lived for many hundreds of years. So while there were 1,656 years from the creation to Noah’s Flood, Taylor believed Methuselah lived with Adam for 243 years and received from him an accurate account of creation and the Fall. Methuselah then passed that knowledge on to Noah who also lived many hundreds of years. Eventually other long-lived patriarchs passed the knowledge to each other until it was given to Moses. Taylor reasoned that three people, Methuselah, Shem, and Jacob “were sufficient to hand down the Knowledge and Worship of the true God, from Adam to the time when the Children of Israel went down into Egypt, that is, through the Space of 2238 Years.” Taylor reasoned God let these patriarchs live so long precisely because there was no other way to accurately pass down this knowledge before the invention of writing. 
With this belief about the reliability of the Old Testament, Taylor believed a race of impious giants once lived on Earth, as well as the whole world was once covered by Noah’s Flood. More pertinently, he also believed God ordered the total extermination of Israel’s neighbors, the Canaanites, cursed whole peoples, and chastised whole nations with plagues, fires, and locusts. The other liberal Dissenters, including the Unitarians, also believed the Old Testament God performed these actions.

Sunday, December 16, 2018

Lester Kinsolving, RIP

Here at American Creation we spend a lot of time examining religious boxes. How do they define and how ought a particular historical figure be placed? Into what box do they fit?

Someone like Lester Kinsolving demonstrates that people often don't fit so neatly into these boxes. Kinsolving, RIP was, politically, a right wing crack pot (sorry Brian, if you get to take a shot at AOC, I get to take a shot at Kinsolving).

He was also an Episcopalian priest and a devoted theological universalist in the tradition of Benjamin Rush, John Murray and Elhanan Winchester.

Wednesday, December 12, 2018

Is it Bad that Alexandria Ocasio-Cortez Can’t Run for President?

Congresswoman-elect Alexandria Ocasio-Cortez (D-NY) is the rising star of the Democratic Party and the most visible and compelling figure of the American socialist movement. (Hard to believe that it’s now mainstream to put the words “socialism” and “American” in the same sentence). And she’s not yet reached the age of 35. Therefore, according to the Constitution of the United States, she cannot run for President of the United States. Is that a bad thing?

According to Vox, it is. Writing for Vox, Matthew Yglesias says it’s “completely ridiculous” that AOC can’t run for the highest office of the land. See his article at the link below...

The Founders had their reasons for limiting the office of the land to those 35 or older. Not that this matters to many Americans today, particularly those on the left. Yglesias certainly doesn’t care. He dismisses the Founders’ rationale as arbitrary and considers the age requirement as but one part of the “weird lacuna that was handed down to us from the 18th century.” 

There was a time (not that long ago) when America’s Founders were generally respected by both major political parties in the United States and by a majority of Americans whether they identified as conservative or liberal. That time is rapidly passing away. And it’s a shame. 

Saner minds of course prevail at National Review (as compared with Vox). That publication, owing to its conservative leanings, still respects the Founders. And thus Charles C.W. Cooke points out that, before making a change to our Constitution, we should consider bigger issues than the inconvenience such restrictions represent to someone like AOC. You can read Cooke’s brief response to Vox at the link below...

Thankfully, it’s unlikely Vox’s call for constitutional change will result in any short-term change. And that’s a good thing. It’s also, in my mind, a good thing that a socialist airhead like AOC can’t run for President right now, but I digress. 

The biggest concern is that the plain reading of the Constitution and the wisdom of the Founders used to carry more weight than is the case today. As our nation values the Founders less, our nation itself diminishes in value. I hope we recognize that before it’s too late. 

Saturday, December 8, 2018

Frazer on Locke v. Reformed Resisters as a Source

Gregg Frazer who has a new book out has been graciously participating in the comments at American Creation. I found this comment the most illuminating on a dispute that we have been engaged in for probably over a decade now.
"The facts" are that beginning with Elisha Williams in 1744, American preachers cited "the celebrated Lock," and Locke as "the noble Assertor of the Liberties of humane Nature." Peter Whitney cited "the great Mr. Locke" for his ideas; Samuel West (in his sermon that is second to that of Mayhew in terms of influence) identified "Mr. Locke" as the source of his ideas. Samuel Cooper said that the "principles and arguments" he was using were "grounded" in "the immortal writings" of Locke. John Tucker had an extensive quote from "Lock on civil Government" in the crucial part of his best-known sermon. 
[C]an [anyone] identify a single Patriot sermon that cites Calvin or Beza or "justifications of political resistance found within Reformed Protestantism." [A]s always, I'm open to such evidence. In Donald Lutz's acclaimed study of the influences on American Revolutionary thought, there is not a single Reformer in the list, but Locke is 3rd in terms of citations. Dreisbach's chapter on the Revolutionary sermons spends 18 pages on the 16th & 17th century Reformed guys and then 6 pages on actual American preachers -- almost exclusively Mayhew. He includes no citations by Patriot preachers of any of the Reformers he had introduced as the fundamental influences. Dreisbach is, of course, right that Mayhew does not cite Locke AND that he doesn't cite the Reformed guys either.  
So, whose arguments/principles are reflected in Mayhew's sermon? 
Mayhew's entire argument fits and flows perfectly from Lockean presuppositions and principles, but it includes elements completely foreign to the Reformers. Most notable of these is emphasis on a state of nature -- an idea anathema to Reformers who believed in the biblical record of the beginning of man and society as recorded in Genesis. 
Mayhew -- and the other Patriot preachers -- did not speak of "covenants" as did Knox et al, but rather of "contracts." They did not speak of "lesser magistrates" or of "interposition" or any of Beza's creative notions. Their arguments went right down the line of Lockean thought -- which is why Tucker seamlessly included extensive quotes from Locke in the middle of his sermon. Additionally, for his part, Calvin explicitly rejected any notion of rebellion -- as did Luther. So two of the most important and prominent voices of the Reformation were not even available to those who might have wanted to make Reformed arguments.  
Again, as I note in my first book ..., this is a primary reason that Mayhew's sermon was so influential. Those raised in Reformed churches and taught by Calvin to be subject to authority -- even tyrannical authority -- found in Mayhew a plausible excuse to rebel against an authority they found inconvenient or disagreeable. Mayhew's sermon was groundbreaking because it was new to those people -- not because it rehashed what they had already been taught. 
I think it's true that reformed resistance under law may well have softened up the congregants in America, making them more amenable to the arguments of Locke. But when we examine the sermons, it's Locke and not Rutherford et al. And, in a nuanced sense, Locke teaches something different from Beza et al. The difference between resistance under law and revolution.

Parts of the Declaration of Independence speak in the language of resistance under law; these are the parts where the Patriots made the claim that what Great Britain was doing violated British law. Other parts of the Declaration are revolutionary; those are the Lockean parts.

This is somewhat complicated. Locke was cited in sermons. These sermons understandably also cited the Bible. In Lutz's above mentioned study, Locke was cited during the period of time when the Bible was constantly being cited (the revolutionary period, the DOI). The later period when the Constitution was being framed and ratified, Lutz notes the biblical references dry up and it was more Enlightenment and other sources.

Yet I've also seen it argued (I think from Robert Kraynak) that references to Locke also start to dry up during the period of the Constitution's framing and ratifying. That those Enlightenment sources are non-Lockean. More Montesquieu than Locke.

Saturday, November 24, 2018

John Locke on Romans 13

Today, John Locke is held to be an Enlightenment philosopher, "Enlightenment" used as rationalism in contradistinction to religious faith and the Christian Bible. However, the Founders largely considered him simply a very smart and elegant Christian thinker. What is not largely known even among scholars is that Locke's final life project, after the [anonymous!] publishing of his historic Two Treatises of Government, was a study of Paul the Apostle's Epistles.

Re Romans 13:1,

"Let every soul be subject unto the higher powers. For there is no power but of God; the powers that be are ordained of God. Whosoever, therefore, resisteth the power, resisteth the ordinance of God; and they that resist shall receive to themselves damnation."

this passage was and is the most troublesome political passage in the New Testament, and was responsible for literally millions of words exchanged on the question of political liberty. Men like John Calvin largely took it as an absolute prohibition against anything resembling revolution or revolt against even the meanest of rulers.

John Locke's treatment of Romans 13 is pretty straightforward: Christians are not exempt from obeying lawful authority just by virtue of being Christian. They have to obey the same laws as everybody else.

But on what is "lawful authority," Locke says Paul the apostle "is wholly silent, and says nothing of it," because for Paul or Jesus "to meddle with that, would have been to decide of civil rights, contrary to the design and business of the Gospel"---which of course was the business of salvation, of preparing for the next world, not this one.

Locke notes that it was Paul's intention and prudence, that such "sauciness, sedition or treason" was, in those times of Roman "insolent and vicious" rule, a "scandal to be cautiously kept off the Christian doctrine!" [The exclamation point is Locke's.]

Thus Paul's admonition is not one of political or theological right, but merely of prudence.

Founding era preacher William Ellery Channing made a similar argument about why the New Testament didn't explicitly ban slavery: "a religion, preaching freedom to the slave, would have shaken the social fabric to its foundation, and would have armed against itself the whole power of the state." Jesus didn't preach violent revolution, that his church would be arming itself against the whole power of the state. Indeed, we recall that many were disappointed he wasn't that kind of Messiah.

But that is not a Biblical endorsement of slavery either:

The perversion of Scripture to the support of slavery is singularly inexcusable in this country. Paul not only commanded slaves to obey their masters. He delivered these precepts: "Let every soul be subject unto the higher powers. For there is no power but of God; the powers that be are ordained of God. Whosoever, therefore, resisteth the power, resisteth the ordinance of God; and they that resist shall receive to themselves damnation." This passage was written in the time of Nero. It teaches passive obedience to despotism more strongly than any text teaches the lawfulness of slavery. Accordingly, it has been quoted for ages by the supporters of arbitrary power, and made the stronghold of tyranny. 
Did our fathers acquiesce in the most obvious interpretation of this text? Because the first Christians were taught to obey despotic rule, did our fathers feel as if Christianity had stripped men of their rights? Did they argue, that tyranny was to be excused, because forcible opposition to it is in most cases wrong? Did they argue, that absolute power ceases to be unjust, because, as a general rule, it is the duty of subjects to obey? Did they infer that bad institutions ought to be perpetual, because the subversion of them by force will almost always inflict greater evil than it removes? 
No; they were wiser interpreters of God's Word. They believed that despotism was a wrong, notwithstanding the general obligation upon its subjects to obey; and that whenever a whole people should so feel the wrong as to demand its removal, the time for removing it had fully come. Such is the school in which we here have been brought up. To us, it is no mean proof of the divine original of Christianity, that it teaches human brotherhood and favors human rights; and yet, on the ground of two or three passages, which admit different constructions, we make Christianity the minister of slavery, the forger of chains for those whom it came to make free.

Thus Romans 13 can turn Christianity into the ally of tyranny by its acquiescence to it. Further, sayeth Locke, the "lawful authority" question must be decided by worldly standards, to be "determined by the laws and constitution of their country."

And so, if a legal argument to separate from Britain's constitutional monarchy could be made---and indeed the 27 "repeated injuries and usurpations" in the Declaration of Independence like "For imposing taxes on us without our consent" (taxation without representation) was such an attempt---then there was no theological impediment per Romans 13 to such a separation.

Further, Locke asserts "the doctrine of Christianity was the doctrine of liberty," using for his example that 
Christians were "freed" from observing the "Mosaical" law.

In other words, Locke is dispensing with any supernatural argument that unlawful rulers should be obeyed because it's God's will because Romans 13 says so. According to John Locke, it doesn't say that.

[ HT to Ben Abbott for the citation and link.]

CHAP. XIII. 1—7.
This section contains the duty of christians to the civil magistrate: for the understanding this right, we must consider these two things:
1. That these rules are given to christians, that were members of a heathen commonwealth, to show them that, by being made christians and subjects of Christ’s kingdom, they were not, by the freedom of the gospel, exempt from any ties of duty, or subjection, which by the laws of their country, they were in, and ought to observe, to the government and magistrates of it, though heathens, any more than any of their heathen subjects. But, on the other side, these rules did not tie them up, any more than any of their fellow-citizens, who were not christians, from any of those due rights, which, by the law of nature, or the constitutions of their country, belonged to them. Whatsoever any other of their fellow-subjects, being in a like station with them, might do without sinning, that they were not abridged of, but might do still, being christians. The rule here being the same with that given by St. Paul, 1 Cor. vii. 17, “As God has called every one, so let him walk.” The rules of civil right and wrong, that he is to walk by, are to him the same they were before.

2. That St. Paul, in this direction to the romans, does not so much describe the magistrates that then were in Rome, as tells whence they, and all magistrates, everywhere, have their authority; and for what end they have it, and should use it. And this he does, as becomes his prudence, to avoid bringing any imputation on christians, from heathen magistrates, especially those insolent and vicious ones of Rome, who could not brook any thing to be told them as their duty, and so might be apt to interpret such plain truths, laid down in a dogmatical way, into sauciness, sedition, or treason, a scandal cautiously to be kept off from the christian doctrine! nor does he, in what he says, in the least flatter the roman emperor, let it be either Claudius, as some think, or Nero, as others, who then was in possession of that empire. For he here speaks of the higher powers, i. e. the supreme, civil power, which is, in every commonwealth, derived from God, and is of the same extent everywhere, i. e. is absolute and unlimited by any thing, but the end for which God gave it, viz. the good of the people, sincerely pursued, according to the best of the skill of those who share that power, and so not to be resisted. But, how men come by a rightful title to this power, or who has that title, he is wholly silent, and says nothing of it. To [405] have meddled with that, would have been to decide of civil rights, contrary to the design and business of the gospel, and the example of our Saviour, who refused meddling in such cases with this decisive question, “Who made me a judge, or divider, over you?” Luke xii. 14.

Thursday, November 22, 2018

St. George Tucker and the Theology of the Common Law

Legendary scholar Walter Berns had the following to say about the notion that "Christianity" was part of the "common law." As he wrote in Making Patriots:
Liberty of conscience was widely accepted at the time of the Founding, but this did not prevent some jurists and legislatures from insisting, at least for a while (and given our principles it could be only for a while), that Christianity was part of the law, meaning the common law. So it had been in England, and so, it was assumed by some (but not Jefferson), it would continue to be in America. But there was no disagreement about the place of the common law. Indeed one of the first things done by the states after independence was to declare (here in the words of the New Jersey constitution of 1776) that “the common law of England, as well as so much of the statute law, as have been heretofore practiced in this Colony, shall remain in force, until they shall be altered by a future law of the Legislature; such parts only excepted, as are repugnant to the rights and privileges contained in this Charter [or constitution].” 
But if the “rights and privileges” contained in the various state charters or constitutions included the right of liberty of conscience, and if, in turn, this right required, in Madison’s words, “a perfect separation between ecclesiastical and civil matters,” what did it mean to say that Christianity was part of the common law? Very little, as it turned out; and it turned out as it had to turn out. Consider, for example, the case of blasphemy in America…. pp. 32-33.
Berns then went on to note that to the extent that blasphemy prosecutions survived for a short period of time in the early American republic, it was redefined as something akin to a secular breach of the peace, with blasphemy now stripped of its religious character.

Berns' recitation of the above quoted part of the 1776 New Jersey constitution also illustrates the proper place the common law of England had in the newly founded America, in terms of its priority as a source of law: And that is, common law is below state statutory law. Later court decisions -- notably Erie v. Tompkins -- would hold that there is no such thing as general federal common law, consigning such common law to the state level entirely.

Still, we debate whether some kind of "organic" law exists in the brooding omnipresence in the sky up there, that could potentially inform all sources of law (from higher to lower). That such organic law, if needed, could serve potentially as the ultimate trump existing above the highest source of constitutional positive law.

That's where such a theory becomes controversial. If the uncodified, "brooding omnipresence" is consigned to a place where a state statute can trump it, such seems more contained, hence less controversial. If, on the other hand, it's justiciable by the Supreme Court (and American courts in general) and exists at a place higher than the US Constitution, such a powerful thing in the hands of judges becomes understandably more controversial.

What prevails among the experts in academia, government and the practice of law is legal positivism. Such teaches that "higher law," if it exists at all, is nothing judges may consult in their legal decision making outside of the existing positive law.

I think of someone like the late Justice Scalia, who was a devout Roman Catholic, believing in the natural law as his church taught it. But, he argued, such had no business informing judicial decision making. Rather, it was something legislators could consult in the realm of conscience (the executive could consult such as well when deciding for instance, whether to veto a law).

Just as the other non-judicial branches could, as they exercised their political power, consult whatever kind of specific revelation they wanted: Catholic, Protestant,  Mormon, Jewish, Hindu, Islamic, etc. Or whatever kind of ethical or political theory they fancied: Utilitarianism, Kantianism, Rawlsianism, etc.

After meticulously studying, for many years, the concept of this organic law of the brooding omnipresence as it was understood by America's founders, I have concluded the Christian religion, special revelation, etc. is not the source of such, even though such did often claim to have theistic underpinnings (i.e., the "Laws of Nature and of Nature's God").

Yet, we still have this notion coming from Blackstone himself that "Christianity is part of the common law." As noted above by Professor Berns, Jefferson disputed such a notion. But what might we make of such a notion, if applicable to the newly minted America of the late 18th and early 19th Century?

American founder and preeminent legal authority St. George Tucker (of Virginia) provided the answer as to what he understood the theology of the common law to be. I just completed a series where I reproduced Tucker's lengthy discussion on religion and politics, contained in Philip B. Kurland's "The Founders' Constitution" under the title of "St. George Tucker, Blackstone's Commentaries." In 1:App. 296--97, 2:App. 3--11 of said document, Tucker discusses, at length, his opinions relating to religion and government.

In this 1803 document, Tucker invokes the then existing state laws of Virginia and the US Constitution. He also includes a tremendous amount of words from (the Arian) Richard Price's "Observations on the Importance of the American Revolution and the Means of Making It a Benefit to the World" where Price explicates his Enlightenment ideal of religion and politics. This ideal is not wholly secular, but rather seems informed by an Enlightenment faith more "fit" for that era.

Here is a quotation from such (Tucker quoting Price) that encapsulates such zeitgeist:
It is indeed only a rational and liberal religion; a religion founded on just notions of the Deity, as a Being who regards equally every sincere worshipper, and by whom all are alike favoured as far as they act up to the light they enjoy: a religion which consists in the imitation of the moral perfections of an Almighty but Benevolent Governor of Nature, who directs for the best, all events, in confidence in the care of his providence, in resignation to his will, and in the faithful discharge of every duty of piety and morality from a regard to his authority, and the apprehension of a future righteous retribution. ... This is the religion that every enlightened friend to mankind will be zealous to support. But it is a religion that the powers of the world know little of, and which will always be best promoted by being left free and open.
One might ask, why did Tucker reproduce Price's thoughts on religion and politics in a document meant to capture Blackstone's authoritative teachings on the common law? The answer relates to purpose of Tucker's Blackstone project. Tucker meant more than just to reiterate Blackstone's teachings, but to transform and correct them for America.

 The following article by law professor Kurt Lash uncovers such purpose:
[T]he same generation that adopted the Constitution also challenged the uncritical acceptance of English common law. ...  
For example, St. George Tucker’s 1803 edition of Blackstone’s Commentaries was a hugely successful and influential effort to “translate” the rules of English common law so that they made better sense for a people whose legal system presumed the ultimate sovereignty of the people themselves.31 The United States was not just a new and independent legal entity, the country and its citizens had operationalized a new legal theory. The status of the government and the role of its courts were different on American soil, rendering problematic any wholesale adoption of Blackstonian common law. As historian Davison Douglas writes:  
"While serving as a law professor at The College of William and Mary during the 1790s, Tucker had his students read Blackstone, but he supplemented that reading with lectures in which he analyzed the ways that law in the United States—and specifically Virginia—had departed from English legal principles as a result of the American Revolution, the Virginia Constitution, and the United States Constitution. These lectures were “the first systematic effort by any figure in American law to describe the contours of the new system created by the amended Constitution.” Drawing extensively on his William and Mary lectures, Tucker’s Blackstone included eight hundred pages of essays on a variety of legal and political topics and more than one thousand footnotes in which Tucker examined Blackstone in light of American and Virginian law. Tucker worried about the effect Blackstone’s Tory sensibilities might have on his students. He thus emphasized to his students that the American Revolution and its aftermath had produced a revolution “not only in the principles of our government,” but in a variety of legal principles, such as the law of inheritance, that reflected the new nation’s republican values and that rendered Blackstone an unreliable guide to certain aspects of American law."
St. George Tucker’s “translation” of Blackstone found an eager audience. Again, according to Douglas, 
"Tucker’s Blackstone, the first major legal treatise on American law, was one of the most influential legal works of the early nineteenth century and the most comprehensive treatise on American constitutional law until around 1820. Not surprisingly, it was also one of the legal texts most frequently cited by the United States Supreme Court and relied upon by lawyers appearing before the Court during the first few decades of the nineteenth century."33
So I'm guessing that all of the material on religion and government complete with Richard Price's ideal kind of theology was Tucker's answer to Blackstone's claim that "Christianity is part of the common law."

Wednesday, November 14, 2018

Frazer's New Book Review at Christianity Today

Check it out here. A taste:
This book is a righteous tribute to Loyalist pastors, who took up their cause with integrity, erudition, and a sincere spirit of peace. Far from being dupes of the British elite or proxies of a tyrant, the Loyalist clergy saw themselves as true lovers of America who were equally committed to the flourishing of their communities. Frazer aims “to show that the Loyalists do not fit nicely into a simplistic category, were not ideologically shallow, and were not motivated by fear. They were ... well-meaning and seeking what they thought was best for their home: America.” 
One reason the Loyalist clergy have been misunderstood is that much of their writing was destroyed during the Revolution. Another reason, to put the matter simply, is that the Patriots were victorious, and the victorious party typically has the upper hand in shaping how the contest will be remembered. 

In grounding their support of the mother country in Scripture, Loyalist clergy often handled God’s Word more conscientiously than their Patriot counterparts. Frazer points out that pro-revolution pastors frequently read their own biases into passages like Romans 13, consistent with Jonathan Mayhew’s precedent-setting 1750 sermon on the 101st anniversary of the execution of Charles I, “A Discourse concerning Unlimited Submission and Non-Resistance to Higher Powers.” Furthermore, Frazer asserts that while the Loyalists appealed mainly to Scripture, history, and the law, Patriot clergy relied on “theory, fear, and John Locke.”  
The Bible formed the cohesive foundation for the Loyalists’ argument, and their commitment to a plain reading of Scripture stands in stark contrast to the often allegorical and typological interpretive methods favored by the Patriots. ...

Monday, November 12, 2018

Q&A with Christopher Grasso, author of Skepticism and American Faith: ...

Check it out at The Junto here. A taste:
Christopher Grasso earned his PhD from Yale in 1992, taught at St. Olaf College, and came to William and Mary in 1999.  From 2000 to 2013 he served as the Editor of the William and Mary Quarterly. ... 
JUNTO: Skepticism and American Faith is organized into four thematic parts, arranged chronologically: “Revolutions, 1775-1815,” “Enlightenments, 1790-1840,” “Reforms, 1820-1850,” and “Sacred Causes, 1830-1865.” What does attention to religious skepticism and faith tell us about revolution, enlightenment(s), reform, and the Civil War? 
GRASSO: Debates over the meaning of the American and French Revolutions prominently featured arguments about the role that religious faith ought to have in public life and patriotic citizenship. Was America a Christian nation? Did religious liberty include the freedom to be irreligious? With the separation of church and state, how could a Christian majority legitimately exert its power over non-believers in a democracy? Believing and doubting were rarely just matters of private predilection. From the founding, these issues linked the personal to the political. 
Americans in this period did not talk about “The Enlightenment” (a later historiographical construct), but they did argue about what it meant for a person or a society to become “enlightened,” and the role of skeptical reasoning and religious faith in that process. The dialogue of skepticism and faith, therefore, echoed through the effort to produce and disseminate knowledge in the early republic. American Protestants in particular anointed themselves as the vanguard of Western civilization, claiming all the “enlightened” values and practices previously championed by the eighteenth-century philosophes: free inquiry, open debate, the broad dissemination of print, and the triumph over superstition. But they always supplemented and corrected worldly learning with divine revelation. More radical champions of enlightenment argued that the truth claims of the churches and the Bible needed to be investigated, debated, and rationally evaluated just like any others, and rejected if found wanting.

Wednesday, November 7, 2018

On Gregg Frazer's New Book

Check the story out here. As it reads:
New from the University Press of Kansas: God against the Revolution: The Loyalist Clergy's Case against the American Revolution by Gregg L. Frazer
About the book, from the publisher: 
Because, it’s said, history is written by the victors, we know plenty about the Patriots’ cause in the American Revolution. But what about the perhaps one-third of the population who opposed independence? They too were Americans who loved the land they lived in, but their position is largely missing from our understanding of Revolution-era American political thought. With God against the Revolution, the first comprehensive account of the political thought of the American Loyalists, Gregg L. Frazer seeks to close this gap.

Because the Loyalists’ position was most clearly expressed by clergymen, God against the Revolution investigates the biblical, philosophical, and legal arguments articulated in Loyalist ministers’ writings, pamphlets, and sermons. The Loyalist ministers Frazer consults were not blind apologists for Great Britain; they criticized British excesses. But they challenged the Patriots claiming rights as Englishmen to be subject to English law. This is one of the many instances identified by Frazer in which the Loyalist arguments mirrored or inverted those of the Patriots, who demanded natural and English rights while denying freedom of religion, expression, and assembly, and due process of law to those with opposing views. Similarly the Loyalist ministers’ biblical arguments against revolution and in favor of subjection to authority resonate oddly with still familiar notions of Bible-invoking patriotism.

For a revolution built on demands for liberty, equality, and fairness of representation, God against the Revolution raises sobering questions—about whether the Patriots were rational, legitimate representatives of the people, working in the best interests of Americans. A critical amendment to the history of American political thought, the book also serves as a cautionary tale in the heated political atmosphere of our time.
Thanks to Marshal Zeringue for posting this.

Sunday, November 4, 2018

St. George Tucker, Religion & the American Founding, Postscript

A subtitle to this post is "the power of missing quotation marks." You can view the last of my series on St. George Tucker here

When it came to sourcing material, America's founders often operated according to a different set of rules. In the material I reproduced from Tucker, at least he explicitly attributes to Richard Price and otherwise puts in quotations some of the things that he quotes exactly. America's founders didn't always do this.

The problem is that Tucker (or perhaps whoever reproduced his work) misses some quotation marks. And it makes a difference. Tucker apparently endorses all of the words he reproduces from Price. But he makes it really hard to tell where his words end and Price's words begin.

Here is a link to the original. What follows is the offending original part of the quotation where quotation marks are not used in Tucker's original writing:

"In liberty of conscience says the elegant Dr. Price, I include much more than toleration." 

This is then followed by a great deal of words. It gives the impression that Tucker is paraphrasing Richard Price's sentiments. The problem is, starting with "[i]n liberty of conscience" Tucker begins quoting Price exactly. It should have read, "In liberty of conscience," says the elegant Dr. Price, "I include much more than toleration." 

Tucker then goes on to quote Richard Price verbatim so much such that arguably Price's exact words make up the majority of words in this document from The Founders' Constitution

I'm going to quote below the entire passage of Price's, quoted by Tucker as it should have looked. I've put Tucker's words in bold:
"In liberty of conscience," says the elegant Dr. Price, "I include much more than toleration. Jesus Christ has established a perfect equality among his followers. His command is, that they shall assume no jurisdiction over one another, and acknowledge no master besides himself. It is, therefore, presumption in any of them to claim a right to any superiority or pre-eminence over their bretheren. Such a claim is implied, whenever any of them pretend to tolerate the rest. Not only all christians, but all men of all religions, ought to be considered by a state as equally entitled to it's protection, as far as they demean themselves honestly and peaceably. Toleration can take place only where there is a civil establishment of a particular mode of religion; that is, where a predominant sect enjoys exclusive advantages, and makes the encouragement of it's own mode of faith and worship a part of the constitution of the state; but at the same time thinks fit to suffer the exercise of other modes of faith and worship. Thanks be to God, the new American states are at present strangers to such establishments. In this respect, as well as many others, they have shewn in framing their constitutions, a degree of wisdom and liberality which is above all praise. 
"Civil establishments of formularies of faith and worship, are inconsistent with the rights of private judgement. They engender strife . . . they turn religion into a trade . . . they shore up error . . . they produce hypocrisy and prevarication . . . they lay an undue bias on the human mind in its inquiries, and obstruct the progress of truth . . . genuine religion is a concern that lies entirely between God and our own souls. It is incapable of receiving any aid from human laws. It is contaminated as soon as worldly motives and sanctions mix their influence with it. Statesmen should countenance it only by exhibiting, in their own example, a conscientious regard to it in those forms which are most agreeable to their own judgments, and by encouraging their fellow citizens in doing the same. They cannot, as public men, give it any other assistance. All, besides, that has been called a public leading in religion, has done it an essential injury, and produced some of the worst consequences. 
"The church establishment in England is one of the mildest sort. But even there what a snare has it been to integrity? And what a check to free inquiry? What dispositions favourable to despotism has it fostered? What a turn to pride and narrowness and domination has it given the clerical character? What struggles has it produced in its members to accommodate their opinions to the subscriptions and tests which it imposes? What a perversion of learning has it occasioned to defend obsolete creeds and absurdities? What a burthen is it on the consciences of some of its best clergy, who, in consequence of being bound down to a system they do not approve, and having no support except that which they derive from conforming to it, find themselves under the hard necessity of either prevaricating or starving? No one doubts but that the English clergy in general could with more truth declare that they do not, than that they do give their unfeigned assent to all and every thing contained in the thirty-nine articles, and the book of common prayer: and, yet, with a solemn declaration to this purpose, are they obliged to enter upon an office which above all offices requires those who exercise it to be examples of simplicity and sincerity . . . Who can help execrating the cause of such an evil? 
"But what I wish most to urge is the tendency of religious establishments to impede the improvement of the world. They are boundaries prescribed by human folly to human investigation; and enclosures, which intercept the light, and confine the exertions of reason. Let any one imagine to himself what effects similar establishments would have in philosophy, navigation, metaphisics, medicine, or mathematics. Something like this, took place in logic and philosophy, while the ipse dixit of Aristotle, and the nonsense of the schools, maintained, an authority like that of the creeds of churchmen; and the effect was a longer continuance of the world in the ignorance and barbarity of the dark ages. But civil establishments of religion are more pernicious. So apt are mankind to misrepresent the character of the Deity, and to connect his favour with particular modes of faith, that it must be expected that a religion so settled will be what it has hitherto been . . . a gloomy and cruel superstition, bearing the name of religion. 
"It has been long a subject of dispute, which is worse in it's effects on society, such a religion or speculative atheism. For my own part, I could almost give the preference to the latter . . . Atheism is so repugnant to every principle of common sense, that it is not possible it should ever gain much ground, or become very prevalent. On the contrary, there is a particular proneness in the human mind to superstition, and nothing is more likely to become prevalent . . . Atheism leaves us to the full influence of most of our natural feelings and social principles; and these are so strong in their operation, that, in general, they are a sufficient guard to the order of society. But superstition counteracts these principles, by holding forth men to one another as objects of divine hatred; and by putting them on harrassing, silenceing, imprissoning and burning one another, in order to do God service . . . Atheism is a sanctuary for vice, by taking away the motives to virtue arising from the will of God, and the fear of future judgment. But superstition is more a sanctuary for vice, by teaching men ways of pleasing God, without moral virtue; and by leading them even to compound for wickedness, by ritual services, by bodily penances and mortifications; by adoring shrines, going pilgrimages, saying many prayers, receiving absolution from the priests, exterminating heretics, &c. . . . Atheism destroys the sacredness and obligation of an oath. But is there not also a religion (so called) which does this, by teaching, that there is power which can dispense with the obligation of oaths; that pious frauds are right, and that faith is not to be kept with heretics. 
"It is indeed only a rational and liberal religion; a religion founded on just notions of the Deity, as a Being who regards equally every sincere worshipper, and by whom all are alike favoured as far as they act up to the light they enjoy: a religion which consists in the imitation of the moral perfections of an Almighty but Benevolent Governor of Nature, who directs for the best, all events, in confidence in the care of his providence, in resignation to his will, and in the faithful discharge of every duty of piety and morality from a regard to his authority, and the apprehension of a future righteous retribution. It is only this religion (the inspiring principle of every thing fair and worthy, and joyful, and which, in truth is nothing but the love of God to man, and virtue warming the heart and directing the conduct). It is only this kind of religion that can bless the world, or be an advantage to society. This is the religion that every enlightened friend to mankind will be zealous to support. But it is a religion that the powers of the world know little of, and which will always be best promoted by being left free and open."
Again, what Tucker didn't do was put in the quotation marks that I put in. Right after writing the words "free and open" Tucker then states:

"The following passage from the same author, deserves too much attention to be pretermitted:" ...

And it's correctly followed with quotation marks indicating the words are Price's. 

Below is how it looks, with Tucker's words in bold. But this time the quotation marks are NOT added by me but exist in the original. 
The following passage from the same author, deserves too much attention to be pretermitted: "Let no such monster be known there, [in the United States] as human authority in matters of religion. Let every honest and peaceable man, whatever is his faith, be protected there; and find an effectual defence against the attacks of bigotry and intolerance. In the United States may religion flourish! They cannot be very great and happy if it does not. But let it be a better religion than most of those which have been hitherto professed in the world. Let it be a religion which enforces moral obligations; not a religion which relaxes and evades them . . . A tolerant and catholic religion; not a rage for proselytism . . . A religion of peace and charity; not a religion that persecutes curses and damns. In a word, let it be the genuine gospel of peace, lifting above the world, warming the heart with the love of God and his creatures, and sustaining the fortitude of good men, by the assured hope of a future deliverance from death, and an infinite reward in the everlasting kingdom of our Lord and Saviour."
If what I have written has confused any reader, you can compare the originals. Here is Price'shere is Tucker's.

Wednesday, October 31, 2018

St. George Tucker, Religion & the American Founding, Part V

See parts I, II, IIIand IV. This is the fifth and final part of the series and I hope you read my analysis at the end, because I think the post ends with a bang. 

Paragraph breaks added for clarity.
It is indeed only a rational and liberal religion; a religion founded on just notions of the Deity, as a Being who regards equally every sincere worshipper, and by whom all are alike favoured as far as they act up to the light they enjoy: a religion which consists in the imitation of the moral perfections of an Almighty but Benevolent Governor of Nature, who directs for the best, all events, in confidence in the care of his providence, in resignation to his will, and in the faithful discharge of every duty of piety and morality from a regard to his authority, and the apprehension of a future righteous retribution. 
It is only this religion (the inspiring principle of every thing fair and worthy, and joyful, and which, in truth is nothing but the love of God to man, and virtue warming the heart and directing the conduct). It is only this kind of religion that can bless the world, or be an advantage to society. This is the religion that every enlightened friend to mankind will be zealous to support.  
But it is a religion that the powers of the world know little of, and which will always be best promoted by being left free and open. The following passage from the same author, deserves too much attention to be pretermitted:  

"Let no such monster be known there, [in the United States] as human authority in matters of religion. Let every honest and peaceable man, whatever is his faith, be protected there; and find an effectual defence against the attacks of bigotry and intolerance. In the United States may religion flourish! They cannot be very great and happy if it does not. But let it be a better religion than most of those which have been hitherto professed in the world. Let it be a religion which enforces moral obligations; not a religion which relaxes and evades them . . . A tolerant and catholic religion; not a rage for proselytism . . . A religion of peace and charity; not a religion that persecutes curses and damns. In a word, let it be the genuine gospel of peace, lifting above the world, warming the heart with the love of God and his creatures, and sustaining the fortitude of good men, by the assured hope of a future deliverance from death, and an infinite reward in the everlasting kingdom of our Lord and Saviour."

This inestimable and imprescriptible right is guaranteed to the citizens of the United States, as such, by the constitution of the United States, which declares, that no religious test shall ever be required as a qualification to any office or public trust under the United States; and by that amendment to the constitution of the United States, which prohibits congress from making any law respecting the establishment of religion, or prohibiting the free exercise thereof;  

[A]nd to the citizens of Virginia by the bill of rights, which declares, "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."  

And further, by the act for establishing religious freedom, by which it is also declared, "that 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 that all men shall be free to profess, and by argument maintain their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities."
Now for the controversial part, my analysis:

First, Tucker does not argue for what might be termed "strict deism" -- as his deity is too personal and Christianish -- but he does argue for some kind of Enlightenment theology. The term "the Enlightenment" was something that was crafted later by historians and intellectuals; but when one sees terms like "a rational and liberal religion" and "[t]his is the religion that every enlightened friend to mankind will be zealous to support," we are dealing with Enlightenment speak.

Second, if not strict deism, then what? This theology presents itself under the auspices of Christianity, and it quotes a "passage from the same author." That same author is Richard Price and the passage was quoted from Price's "Observations on the Importance of the American Revolution, and the Means of Making it a Benefit to the World [1784]."

That address (which George Washington endorsed) is, at the very least, implicitly unitarian as Price was an Arian.

After arguing for his ideal political theology which also happens to be his personal faith, Tucker then notes that this theology is validated by the US Constitution and the various laws in Virginia. Political theology is more of an informal thing (a spirit if you will) than a formal thing, like an official religious establishment.

Perhaps Tucker inappropriately reads in his personal preferences to American law. He does seem a partisan advocate of the "Virginia view," which is more secular and "separation of church and state" oriented. This wouldn't be the first time an influential figure from the past has done this. Professor V. Phillip Munoz, a leading expert on originalism and the religion clauses, noted to me (and others in a private group) he thought Joseph Story's "Commentaries on the Constitution" inappropriately read the "Massachusetts view," which is more accommodating of religion and public life, into the US Constitution.

(Yes I know, Tucker's writings predate Story's. But this is how Whigs tended to operate.)