Historian Thomas Kidd on Deism During the Founding Era

This brief primer by Thomas Kidd in how deism was understood during the founding era is well worth reading.
Kidd cuts through the fog often generated by Christian nationalists (e.g., David Barton) and the new atheists regarding the religious beliefs of the founders. A brief sample:

So what was deism? In spite of all its diversity, deism was a strain of rationalist religion – many of its advocates, like Jefferson, would have called themselves Christians – which focused on the ethical, rational requirements of true faith and criticized the authority of ministers and institutional churches. Many of them, especially in England and America, believed that there was a true core of Christianity that one could recover through attention to Jesus’s teachings alone. One important aspect of deism that we often miss is that its adherents could hardly imagine a world not organized on theistic moral categories, such as the inherent goodness of charity. Most deists really did consider themselves serious theists, and many considered themselves devotees of Jesus and his teachings. Their deism was not just a convenient cloak for atheism.

I have read more by Jefferson than the other founders and believe Kidd to be on target.
 

Dear David Barton: Virginia Law Allowed Manumission of Slaves After 1782

In his pulled-from-publication bookThe Jefferson Lies, David Barton took the position that Virginia law did not allow Thomas Jefferson to free his slaves. In our book on Jefferson, Getting Jefferson Right, Michael Coulter and I demonstrated that slave owners were allowed to manumit (free) slaves after Virginia lawmakers passed the 1782 Law on Manumission. However, Barton keeps spreading the misinformation.
In February, Barton told Charis Bible College students George Mason was not allowed to free his slaves (at 1:38 into the video). Prior to 1782, slaves could only be freed by the Virginia legislature due to some meritorious service by the slave.  Mason died in 1791 so his window of opportunity to free his slaves came near the end of his life. However, despite his strong rhetoric against slavery, he did not manumit his slaves in life or at his death. Barton told the Bible college students Mason didn’t free his slaves “because in the state of Virginia, it was illegal to free your slaves.” Not so.
More recently, he told the pastor of Calvary Chapel Jack Hibbs that Virginia law didn’t allow manumission. It is beyond me why he keeps saying this when it is an easy to look up Virginia’s manumission law as well as the many deeds of manumission which were filed after 1782 (Utah State’s Michael Nicholls is the go to person on this). In prior posts, I have pointed out the amazing story of Robert Carter III who began a process of manumitting more than 450 slaves beginning in 1791.
Barton’s remarks to Hibbs on his show Real Life with Jack Hibbs are below. I provide the video and link to the transcript.

Barton: So just—Let me jump in again on that because one of the blemishes is Washington owned slaves, Jefferson owned slaves, they could not have been good people. It’s interesting that Washington who did own slaves and inherited slaves and Thomas Jefferson inherited most of his slaves when he was fourteen, he got almost two hundred slaves between his inheritance and his and his in-laws. Virginia law made it illegal to free your slaves.
Hibbs: Listen why, yeah.

At 14, Jefferson was not allowed to free his slaves. As an aside, Jefferson did not inherit most of his slaves at 14. This is easily checked by examining Jefferson’s Farm Book. He acquired many of his slave through inheritance from his father-in-law John Wayles. By 1774, Jefferson listed “187 in all.
Barton asserts that “Virginia law made it illegal to free your slaves.” Before 1782, that was true; after 1782, Virginia allowed manumissions. Jefferson owned slaves until he died (1826) and so it is misleading to say Jefferson could not have freed slaves. In fact, he did. He freed two slaves before he died and then he freed five more in his will. Barton is simply misleading his audience.
In The Jefferson Lies, Barton made the claim that Virginia law did not allow manumission. In a prior post, I pointed out that Barton cited the Virginia law of 1782 in his book but left out the part of the law which allowed slave owners to free slaves by a deed of manumission. Here is what Barton cites from the law in his book:

[T]hose persons who are disposed to emancipate their slaves may be empowered so to do, and…it shall hereafter be lawful for any person, by his or her last will and testament…to emancipate and set free, his or her slaves.

Now, here is the entire relevant section of the 1782 law on manumission:

[T]hose persons who are disposed to emancipate their slaves may be empowered so to do, and the same hath been judged expedient under certain restrictions: Be it therefore enacted, That it shall hereafter be lawful for any person, by his or her last will and testament, or by any other instrument in writing, under his or her hand and seal, attested and proved in the county court by two witnesses, or acknowledged by the party in the court of the county where he or she resides to emancipate and set free, his or her slaves, or any of them, who shall thereupon be entirely and fully discharged from the performance of any contract entered into during servitude, and enjoy as full freedom as if they had been particularly named and freed by this act.

Note the second selection above in bold print. This is the relevant portion of the 1782 law Barton omits. This section allowed living slave owners to release their slaves by filing a deed. Emancipated slaves needed a document which was recorded according to the law as proof of their status. This law allowed slave owners when they were alive to free their slaves, provided slaves were of sound body and older than eighteen if a female and older than 21 if a male, but not above the age of 45. Thus, Jefferson could have freed many of his slaves within the law while he was alive. Not only was Jefferson legally permitted to free his slaves, he actually freed two slaves in the 1790s, Robert (1794) and James (1796) Hemings.

Barton clearly knows what the law on manumission said but chose to remove the part of the law that contradicts his statements to the public. Even though this has been pointed out, he still fails to tell audiences that Virginia law allowed manumission.

While it would have been economically difficult for Jefferson and Mason and Washington to manumit large numbers of human beings, it is simply false to say there was not an opportunity to do it.

The Monticello website explains:

DID JEFFERSON FREE HIS SLAVES?

During his lifetime, Jefferson freed two enslaved men.  At his death, Jefferson bequeathed freedom to five men in his will.  At least three other slaves were unofficially freed when Beverly Hemings, Harriet Hemings, and James Hemings, son of (Critta Hemings Bowlesto leave Monticello without pursuit. 

A single paragraph cannot do justice to the issue of Jefferson’s failure to free more than a handful of his slaves. Some of the possible reasons include: the economic value of his human property (at certain times, his slaves were mortgaged and thus could not be freed or sold); his lifelong view that emancipation had to go hand-in-hand with expatriation of the freed slaves; his paternalistic belief that slaves were incapable of supporting themselves in freedom and his fear they would become burden to society; his belief in gradual measures operating through the legal processes of government; and, after 1806, a state law that required freed slaves to leave Virginia within a year. Jefferson wrote that this law did not “permit” Virginians to free their slaves; he apparently thought that, for an enslaved African American, slavery was preferable to freedom far from one’s home and family.

Jefferson did free slaves. It might have been economically difficult for him to free the rest of them at various times between 1782 and 1806 but Virginia law allowed it. Barton misleads the audience when he says without qualification that the law did not permit it. Jefferson said in a letter that the law did not permit Virginians to free slaves, but he wrote this in 1814, long after the laws had changed to make it difficult to emancipate slaves. Barton then has to account for George Washington’s actions to free his slaves at death in 1799.

They would not let you free your slaves, now there was a period of reprieve for a short time starting in 1782 and so when George Washington died he freed all of his slaves on his death, there was a loophole in the law and the legislature goes “oh my gosh we didn’t see that,” they changed the law, so Jefferson was not even able to free his slaves on his death.

This is a misleading story from The Jefferson Lies. Barton here mentions “a period of reprieve for a short time starting in 1782” and then correctly says that George Washington freed his slaves in his will in 1799. However, the “loophole in the law” is a fiction. As noted above, Jefferson freed five slaves at his death via his will in 1826. There was no loophole. Virginia made it more difficult for freed slaves after 1806 because freed slaves needed to leave the state. For some slaves, this was deterrent because it meant leaving family.
There are many other things Barton told Hibbs and his audience that are inaccurate. For now, I hope it is clear that Virginia law allowed manumission of slaves after 1782 and that many such slaves were freed by owners in Virginia.

 

WWII Posters on Display at Grove City College This Week

WWII posterIt is a cool story: A public historian finds historically significant WWII posters in a drawer, probably untouched since they were first stored there in 1954.
Grove City College is displaying a newly found collection of WWII posters this week in the Pew Fine Arts building. Read the Tribune’s article about the find and the display.
I know I will be there.
Check out some of the posters…
 

Note to Evangelical Culture Warriors and Pastor Tullian Tchividjian from Benjamin Rush

The Father of Psychiatry, Benjamin Rush (1746-1813), signed the Declaration of Independence  and was a delegate to the Constitutional Congress. Rush was good friends with both Thomas Jefferson and John Adams. Despite his universalist beliefs, he is a favorite of David Barton and other Christian Nationalists because he was a founder who articulated many Christian interests and pursuits.
I thought of Rush after reading a World Net Daily article today by John Aman criticizing Coral Ridge Presbyterian Church pastor Tullian Tchividjian for avoiding culture war issues in the pulpit. Specifically, I thought of Benjamin Rush’s response to Thomas Jefferson’s famous “altar of God” letter to Rush. Michael Coulter and I deal with this exchange between Jefferson and Rush in our book Getting Jefferson Right: Fact Checking Claims about Our Third President.
In his article, Aman cited Barton and others to claim preachers should preach about political issues. However, Rush told Jefferson in his October 6, 1800 letter, Saint Paul would tell modern preachers to “cease from your political labors.” Rush’s position is not unlike Tchividjian’s.
From Getting Jefferson Right:

On August 22, 1800, Jefferson’s friend and fellow signer of the Declaration of Independence, Benjamin Rush, wrote to Jefferson asking for a clarification of his religious views. At their last meeting, Rush had extracted a promise from Jefferson to read William Paley’s book, A View of the Evidences of Christianity. In addition, Jefferson apparently promised to explain his “religious Creed.” As of that writing, Jefferson had not complied with the request.
Rush wrote:

You promised me when we parted, to read Paley’s last work, and to send me your religious Creed.–I have always considered Christianity as the strong ground of Republicanism. Its Spirit is opposed, not only to the Splendor, but even to the very forms of monarchy, and many” of its precepts have for their Objects, republican liberty and equality, as well as simplicity , integrity and Economy in government. It is only necessary for Republicanism to ally itself to the christian Religion, to overturn all the corrupted political and religious institutions in the world. I have lately heard that Lord Kaims became so firm a Beleiver in Christianity some years before he died, as to dispute with his former disciples in its favor. Such a mind as Kaims’ could only yeild to the strongest evidence, especially as his prejudices were on the other Side of the Question. Sir John Pringle had lived near 60 years in a State of indifference to the truth of the Christian Religion.–He devoted himself to the Study of the Scriptures in the evening of his life, and became a christian. It was remarkable that he became a decided Republican” at the same time. It is said this change in his political principles exposed him to the neglect of the Royal family, to whom he was Physician, and drove him from London, to end his days in his native Country (p 318) [144]

Apparently, by telling him of those who converted to Christianity later in life, Rush hoped to convince Jefferson that it was not too late for Jefferson to turn to orthodox Christianity. Jefferson wrote back on September 23, 1800 saying that time constraints had prevented him from honoring his pledge. Jefferson had been thinking about it and wanted to have adequate time to write a complete answer. To Rush, Jefferson wrote:

I promised you a letter on Christianity, which I have not forgotten. On the contrary , it is because I have reflected on it, that I find much more time necessary for it than I can at present dispose of. I have a view of the subject which ought to displease neither the rational Christian nor Diests, and would reconcile many to a character they have too hastily rejected. I do not know that it would reconcile the genus irritabile vatum( 2) who are all in arms against me. Their hostility is on too interesting ground to be softened. The delusion into which the X. Y. Z. plot showed it possible to push the people; the successful experiment made under the prevalence of that delusion on the clause of the Constitution, which, while it secured the freedom of the press, covered also the freedom of religion , had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes, and they believe that any portion of power confided to me, will be exerted in opposition to their schemes. And they believe rightly: for I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man. But this is all they have to fear from me: & enough too in their opinion, & this is the cause of their printing lying pamphlets against me, forging conversations for me with Mazzei, Bishop Madison, &c., which are absolute falsehoods without a circumstance of truth to rest on; falsehoods, too, of which I acquit Mazzei & Bishop Madison, for they are men of truth.– But enough of this. It is more than I have before committed to paper on the subject of all the lies which have been preached or printed against me. [145]

Jefferson does not address Rush’s proselytizing but instead described his frustration with his critics and his opposition to establishment of Christianity “through the United States.” Rush then wrote back on October 6, 1800 in order to clarify his views on religion and the state.

I [Rush] agree with you [Jefferson] likewise in your wishes to keep religion and government independant of each Other. Were it possible for St. Paul to rise from his grave at the present juncture, he would say to the Clergy who are now so active in settling the political Affairs of the World: “Cease from your political labors-your kingdom is not of this World. Read my Epistles. In no part of them will you perceive me aiming to depose a pagan Emperor , or to place a Christian upon a throne. Christianity disdains to receive Support from human Governments.” From this, it derives its preeminence over all the religions that ever have, or ever shall exist in the World. [146] (emphasis added)

Throckmorton, Warren; Coulter, Michael (2012-05-01). Getting Jefferson Right: Fact Checking Claims about Our Third President (Kindle Locations 2267-2328). Kindle Edition.

Rush believed that Christianity supported the republican impulse. He did not express support in this letter for clergy being active in “political labors.” Rush paraphrases St. Paul as declining to work toward political positions for Christians. It appears that Tchividjian and Rush have something in common.
 

What Really Happened In the Settlement of David Barton's Defamation Suit?

In an email to supporters last week, David Barton said that his historical claims had been vindicated by winning a defamation lawsuit. Barton wrote:

The more publicized of the two defamation lawsuits we won was the one where David was labeled an anti-Semite, racist, and white supremacist. But the second lawsuit we won addressed the false claims that David’s works are widely discredited, that he is an admitted liar, that he makes up his history, etc. 

What second lawsuit?
Prior to this email, Barton had told audiences that his historical claims had been vindicated by the lawsuit he settled with Judy Jennings and Rebecca Bell-Metereau. However, I demonstrated that the only publicized judgment on that case did not mention his historical claims but did admit that he was not a white supremacist. Here is the apology from Jennings and Bell-Metereau that was filed as a result of the settlement of Barton’s suit against them:

During our respective campaigns in 2010 for separate positions on the Texas State Board of Education, we published a video entitled: ”A True Tale From Texas,” that created a false impression about David Barton. The purpose of that video was to discredit our Republican Party political opponents on the State Board of Education, and those on whom they relied, by depicting their position as politically extreme and detrimental to education. Thus, the video stated that David Barton, who advised the State Board of Education, is known for speaking at white supremacist rallies. We believed that statement had been fact-checked by our political consultant, Scott Garrison, who relied for confirmation solely on information provided him from The Texas Freedom Network. As professionals in education and the proper use of language, we understand that this statement suggested that David Barton is a white supremacist, and that the two organizations he is affiliated with, WallBuilder Presentations, Inc. and WallBuilders L.L.C., were associated with or supportive of white supremacists. After learning more about Mr. Barton, we realize this statement was false. We separately and jointly apologize to Mr. Barton for damage to him individually and to his two organizations as a result of that statement.

And then here is what Barton said about that apology to Sons of Liberty radio on January 30, 2015:

So after that having gone on for a number of years, we decided to take some folks into court on those two major claims, that we make up our history and it’s all inaccurate and that we’re white supremacists and anti-semitic. And going through the court process, we went all the way to the Texas Supreme Court and came back to District Court, and at that point, the folks settled the case and the court entered a large judgment with a validation of, no the defendants admit that he is not a racist, he’s not anti-semitic, he doesn’t make up his history, and so that’s what we were after was getting some validation that allows us to push back on them when they start telling people  you can’t trust Barton because he makes up all his history. No, you can trust him because here’s the original documents posted on the website.

He made it sound like the apology included vindication of his historical claims. However, the apology only covers the white supremacy charge.
Now Barton says he won a second lawsuit about his historical claims. In the email, Barton asked his supporters to go on blogs and websites and take up for him. As a reference, Barton linked to a World Net Daily article by John Aman on his settlement. In that article, Aman says Barton won a second lawsuit.
Aman wrote:

Barton also won in court against W.S. Smith, a self-described atheist who published an online article in 2010 calling Barton “an admitted liar” whose “books have been picked apart time and again and exposed as fallacious.”

Smith was a no-show throughout the lawsuit, disappearing shortly after Barton sued him in September 2011. Barton’s legal team hired a private detective and published notices in Texas newspapers statewide in an unsuccessful attempt to find the elusive writer.

Smith disappeared after he boasted, in an email to Huffington Post columnist Chris Rodda that he was “happy to meet” Barton in court “because the truth in [sic] on my side.”

“If this is what you want, Mr. Barton, then let’s do it,” Smith said. “Bring it on. Bring it on. Bring it on. The path you’ve chosen will lead only to your embarrassment and ruin.”

Three years later, a Texas court found Smith’s assertions about David Barton both false and defamatory.

A review of Parker County, TX court records tells a different story. Something does not add up.

The W.S. Smith mentioned by Aman in WND wrote an article for Examiner.com where he contested Barton’s veracity. However, according to Aman, Smith went into hiding. Thus, it is unclear how Barton could win a lawsuit against Smith if Smith could not be found. In fact, Parker County, TX records show that the suit against Smith was dismissed by Barton on April 18, 2012. There was no judgment against Smith according to these records. See below:
BartonCaseSmithDismissed
“Notice of Partial Non-Suit” means that Barton dismissed his case against Smith but not the other two defendants. Note that there was no judgment (“Judgment Amt. 0.00”). A search of the Parker County records only shows two cases, one initially involving Smith with the dismissal noted, and another just involving Jennings and Bell-Metereau:
BartonParkerCoCasesRedacted
The first case (#CV11-1349) is the case where W.S. Smith is first named as a defendant but then later dropped from the case. It was filed on 9/1/2011. The second case (#CV14-0922) was filed just against Jennings and Bell-Metereau, probably for the purpose of settlement. Note that the second case does not have W.S. Smith’s name on it. Smith was dismissed from the first case and not a part of the second.
Barton has now claimed that he won a second case; WND said the same thing. Where is the case? Who was involved? The Parker County records don’t support the narrative in Barton’s email or the WND article.

In a future post I will examine whether or not Barton really won a million dollars.
To find the cases, go to Parker County’s website portal to look up judicial records (link). Click “Civil Records” and then you will come to a search screen. Enter David Barton’s name and click “Search.” You will come to the screen that looks like the image just above. Click on the case links corresponding to the Wallbuilder Presentations, etc. versus the defendants.