Roger Sherman and the Creation of the American Republic

Transcription

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2 Roger Sherman and the Creation of the American Republic

3 Ralph Earl. Roger Sherman ( ), M. A. (Hon.) Yale University Art Gallery. Gift of Roger Sherman White, B. A. 1859, LL.B

4 Roger Sherman and the Creation of the American Republic z MARK DAVID HALL 1

5 1 Oxford University Press, Inc., publishes works that further Oxford University s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright 2013 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Hall, Mark David, 1966 Roger Sherman and the creation of the American republic / Mark David Hall. p. cm. Includes bibliographical references (p.). ISBN Sherman, Roger, Statesmen United States Biography. 3. United States. Declaration of Independence Signers Biography. 4. United States. Continental Congress Biography. 5. Connecticut History Colonial period, ca Connecticut History Revolution, United States History Revolution, United States Politics and government I. Title. E302.6.S5H dc23 [B] Printed in the United States of America on acid-free paper

6 To my son, Joshua, of whom I am very proud.

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8 Contents Preface i x 1. The Old Puritan and a New Nation 1 2. Reformed Political Theory in the American Founding Connecticut Politics and American Independence Achieving Independence An Eel by the Tail Roger Sherman and the New National Government Philosophy May Mislead You. Ask Experience 149 Notes 15 5 Appendix 2 13 Index 219

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10 Preface i began this study with the belief that Roger Sherman s contributions to the founding of the American republic have been neglected, that he has been ignored as a political thinker, and that the significance of his religious convictions has been overlooked. Addressing these concerns remain at the core of this book. However, as the work progressed, I was intrigued by Sherman s extensive knowledge of, and commitment to, Reformed Christianity. ( Reformed, in this context, refers to the theological and broader cultural traditions that emerged from the Protestant Reformation, especially that branch of the Reformation associated with John Calvin. Accordingly, the terms Reformed and Calvinist are used interchangeably throughout this book.) As I delved into his correspondence and the world in which he lived, I became convinced that there was a larger story to tell. Sherman represents well the many founders influenced by the Reformed political tradition, a tradition that dominated New England and which had a significant presence throughout the rest of the nation. 1 As this study evolved from being a narrow account of Sherman to include a broader argument for the influence of Reformed tradition in the American founding, I found it necessary to trace the development of Reformed political theory. Like many students of American political theory, I was trained broadly in political philosophy and so was familiar with great political philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. Although I had read excerpts from Calvin s Institutes and Brutus s Vindiciae, Contra Tyrannos, I knew little about Reformed political theory. Perhaps it is as a result of this shortcoming, which I suspect is not uncommon among students of America s founding, that the influence of the Reformed tradition on American political theory is neglected. There are notable exceptions to this rule which will be discussed in the chapters to come, but these works are lost in a sea of books and articles contending that the founders were primarily influenced by

11 x Preface some variation of a secular Lockean liberalism, classical republicanism, the Scottish Enlightenment, or other intellectual traditions to say nothing of scholars who argue the founders were primarily motivated by personal, economic, state, or other interests. In this book I contend that the political ideas of many leaders in the founding era are best understood in light of a long tradition of Calvinist reflection on politics. To make this argument, I focus on the political theory of Roger Sherman, but I attempt to demonstrate that he was representative of Reformed colleagues such as Samuel Adams, Isaac Backus, Abraham Baldwin, Elias Boudinot, Timothy Dwight, Eliphalet Dyer, Oliver Ellsworth, Matthew Griswold, John Hancock, Benjamin Huntington, Samuel Huntington, Richard Law, Joseph Montgomery, William Paterson, Jesse Root, Ezra Stiles, Richard Stockton, Jonathan Trumbull, William Williams, John Witherspoon, Oliver Wolcott, and many other founders. Because of space constraints, this broader argument can only be suggestive, although the narrower argument about Sherman is, I hope, definitive. In speaking of the Reformed political tradition, I do not mean to suggest that all Calvinists approached politics in the same way or that the tradition did not develop over time. Moreover, I recognize that America s founders were influenced by practical concerns, including self-interest. As well, they read non-calvinists, were affected by their arguments, and often used their works for rhetorical purposes. I am not arguing that Calvinism was the only influence on Sherman and his colleagues, simply that it was a very important influence that needs to be taken more seriously if we are to appreciate the political theory and actions of many of America s founders. Works arguing for the influence of a particular theological tradition are often written by adherents to that tradition. I should therefore note that while I have a great deal of respect for many Reformed thinkers and theologians, I would not label myself a Calvinist and I am not a member of a Reformed church. In writing this book, I have incurred many debts. As with all of my projects, I am profoundly grateful for my lovely wife, Miriam, and wonderful children Joshua, Lydia, and Anna. Without their patience and encouragement, I could not have completed the project. Similarly, my parents, David and Irene Hall, have been a constant source of love and support. This is my first book written as the Herbert Hoover Distinguished Professor of Politics. I am grateful to the administrators and trustees of George Fox University for appointing me to this position and for granting me a sabbatical for the school year. My teaching assistants,

12 Preface xi Sergio Cisneros, Deanne Kastine, Janna McKee, Jay Miller, and Austin Schaefer, provided important research assistance and feedback. Thanks as well to the other politics majors, who make teaching at George Fox University such a joy. I also appreciate the support offered by the Institute for the Studies of Religion at Baylor University, where I serve as a Senior Fellow. Critical outside funding for writing this volume was provided by the Earhart Foundation and the National Endowment for the Humanities. I am thankful for both of these institutions. Colleagues and friends including Jay Bruce, William Casto, Daniel Dreisbach, Gastón Espinosa, Greg Forster, Gregg Frazer, Tony Gill, Tommy Kidd, Peter Kozushko, Jeffry Morrison, Glenn Moots, Vincent Phillip Muñoz, Andrew Murphy, Paul Otto, Jonathan Rowe, Barry Shain, and two anonymous reviewers for Oxford University Press provided invaluable feedback. Richard Johnson and members of the Pacific Northwest Early Americanists colloquium were kind enough to comment on two different chapters. I am grateful as well to the editors and staff and Oxford University Press, especially Cynthia Read, Sasha Grossman, Erica Woods Tucker, India Gray, and Jessica Prudhomme, for their excellent work with the manuscript. I would like to thank Hans Eicholz for encouraging me to direct a Liberty Fund colloquium on Roger Sherman and for the insights offered by its participants. Although I disagree with some of his interpretations, I have found Christopher Collier s work on Connecticut, generally, and his biography of Sherman, specifically, to be immensely useful. As well, I am profoundly grateful for the aid of archivists and librarians at the Library of Congress, Connecticut State Library, Yale University, New Haven Colonial Society, Connecticut Historical Society, Massachusetts Historical Society, and the Historical Society of Pennsylvania. Finally, I am obligated to the Yale University Art Gallery for permission to reproduce the portrait of Roger Sherman and The Boston Athanaeum for permission to reproduce the political cartoon An Attempt to Land a Bishop in America.

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14 Roger Sherman and the Creation of the American Republic

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16 1 The Old Puritan and a New Nation roger sherman was the only founder to help draft and sign the Declaration and Resolves (1774), the Articles of Association (1774), the Declaration of Independence (1776), the Articles of Confederation (1777, 1778), and the Constitution (1787). He served longer in the Continental and Confederation Congresses than all but four men, and he was regularly appointed to key committees, including those charged with drafting the Declaration of Independence and the Articles of Confederation. At the Constitutional Convention, Sherman often outmaneuvered Madison and, according to David Brian Robertson, the political synergy between Madison and Sherman... may have been necessary for the Constitution s adoption. He was also a representative and senator in the new republic where, among other things, he played a significant role in drafting the Bill of Rights. 1 Even as he was helping create and run a nation, Sherman served in a variety of state and local offices. These included overlapping terms as a member of Connecticut s General Assembly, judge of the Superior Court, member of the Council of Safety, and mayor of New Haven. Of particular significance, he and Richard Law revised the entire legal code of Connecticut in Although not as prolific a writer as some founders, Sherman penned essays defending hard currency, supporting the Articles of Confederation, and urging the ratification of the U.S. Constitution. His letters and a sermon contain some of the most sophisticated theological commentary by an American founder. Sherman was held in high esteem by his contemporaries. In September of 1776, Sherman s Connecticut colleague William Williams observed to a friend: If our Assembly rechose their Delegates, I hope They will be guided by Wisdom and Prudence. I must say that Mr. Sherman from his early acquaintance, his good sense, Judgment, Steadiness, & inflexible Integrity, has acquired much Respect & is an exceedingly valuable Member.

17 2 roger sherman In 1780, Richard Henry Lee wrote to Sherman of the very high sense that I entertain of your sound and virtuous patriotism. 2 John Adams agreed with Williams and Lee, as indicated by his 1777 description of Sherman as an old Puritan, as honest as an angel and as firm in the cause of American Independence as Mount Atlas. The following year he wrote to him from Europe requesting his advice about a possible alliance with France, noting that [f]rom the long Series of arduous services, in which We have acted together, I have had Experience enough of your accurate judgment, in Cases of Difficulty, to wish very often that I could have the Benefit of it here. Forty-four years later, Adams wrote to John Sanderson that Sherman was one of the most cordial friends which I ever had in my life. Destitute of all literary and scientific education, but such as he acquired by his own exertions, he was one of the most sensible men in the world. The clearest head and steadiest heart. It is praise enough to say that the late Chief Justice Ellsworth told me that he had made Mr. Sherman his model in his youth... [he] was one of the soundest and strongest pillars of the revolution. Patrick Henry remarked that Sherman and George Mason were the greatest statesmen he ever knew and that Washington, Richard Henry Lee, and Sherman were the first men in the Continental Congress. 3 Thomas Jefferson, who was often at odds with both Adams and Henry, shared their admiration for Sherman, explaining to a visitor to the nation s temporary capital: That is Mr. Sherman of Connecticut, a man who never said a foolish thing in his life. Similarly, Nathanial Macon, a Democratic- Republican from North Carolina who served with Sherman in the House of Representatives, remarked to a friend that Roger Sherman had more common sense than any man he ever knew. Fisher Ames, a Federalist from Massachusetts in the same Congress, said that if he happened to be out of his seat when a subject was discussed, and came in when the question was about to be taken, he always felt safe in voting as Mr. Sherman did; for he always voted right. Timothy Pickering, another New England Federalist, referred to him as a very sagacious man. 4 Although Sherman had many strengths, oratory was not one of them. In 1774, John Adams observed that both Sherman and Eliphalet Dyer speak often and long, but very heavily and clumsily. Similarly, Franklin Pierce of Georgia noted in his famous sketches of the delegates to the Constitutional Convention that Sherman is awkward, un-meaning, and unaccountably strange in his manner. But in his train of thinking there is something regular, deep and

18 The Old Puritan and a New Nation 3 comprehensive; yet the oddity of his address, the vulgarisms that accompany his public speaking, and that strange New England cant which runs through his public as well as private speaking make everything that is connected with him grotesque and laughable;-- and yet he deserves infinite praise no Man has a better Heart or a clearer Head. If he cannot embellish he can furnish thoughts that are wise and useful. In an age that valued eloquence, Sherman stood out as a significant leader who was rhetorically handicapped. Yet his good heart, clear head, and common sense earned him the respect of friends and enemies alike. 5 Given this brief résumé and the high esteem in which he was held by his contemporaries, it is surprising that scholars have often neglected Sherman. Of course he is mentioned in passing in studies on the founding era, and American history and government texts often refer to him as an architect of the Connecticut Compromise. Yet few academics have considered his thoughts and actions in much depth. One exception is Christopher Collier, whose fine biography provides a rich account of Sherman s life in the context of state and national politics. Unfortunately, Collier does not carefully explore Sherman s political ideas, and he underestimates the significance of his theological convictions. 6 Since the mid-1990s, students of the Constitutional Convention have come to recognize that Sherman was among the most effective delegates. 7 However, like Collier s work, their studies do not consider Sherman s political ideas or his religious views. Even with this recent scholarship, law professor Scott Gerber s assessment that Sherman is arguably the most under appreciated, not to mention the most under-studied, political leader of the American Founding remains correct. Indeed, a 2008 survey of more than one hundred historians, political scientists, and law professors ranked Sherman among the most important forgotten founders. 8 Scholarly neglect of Sherman is particularly interesting in light of the attention academics have paid in recent years to the founders religious beliefs. 9 A few historians have noted in passing that Sherman took his faith seriously, but none of them has explored its significance in any detail. Sydney Ahlstrom, in his magisterial A Religious History of the American People, points to Sherman as evidence that theological maturity abounds in the founding era. Similarly, Mark Noll, Nathan Hatch, and George Marsden refer to him as one of the few founders who made lifelong efforts to base their personal lives on biblical teaching. More recently,

19 4 roger sherman James H. Hutson, after noting that many of the founders were recognized as religious specialists, comments that [n]o one, perhaps, eclipsed Roger Sherman. Nevertheless,Sherman has been virtually ignored by scholars writing on the religious beliefs of the founders or their views of religious liberty and church-state relations. 10 Sherman and Reformed Political Theory In this volume, I offer the first systematic study of Sherman s contributions to the creation of the American republic that takes seriously his political theory and his theological commitments. I explore the development of his ideas over time and show how they influenced his political actions. Of course he was a practical politician, and he borrowed ideas and rhetoric from a variety of sources, but the principles that guided his civic engagement were rooted in a long and deep tradition of Calvinist reflections upon politics. Because of his significance, Sherman s political theory and actions are worthy of study in their own right. In addition, he is an excellent representative of founders influenced by the Reformed political tradition, a tradition that dominated New England and was well represented throughout the nation. Although the days of Locke et praeterea nihil should be long gone, students of politics, law, and history are still too wont to attribute references to natural rights, religious liberty, consent, and the right to resist tyrannical governments to John Locke. 11 In doing so, they neglect the reality that for many founders, these and other political principles were derived from Calvinist thought and that in each case that they were present in Reformed communities long before Locke wrote the Second Treatise. 12 More than forty years ago, Alan Heimert complained that the contribution of eighteenth-century Calvinism to the making of the American public mind has been allowed to remain unappreciated. In spite of his work, and more recent volumes such as Barry Alan Shain s The Myth of American Individualism: The Protestant Origins of American Political Thought, the influence of Calvinism on American political theory in the founding era is still too often neglected or relegated to footnotes. 13 An excellent example of this phenomenon is Alan Gibson s survey of the literature on America s founding, which has chapters dedicated to progressive, liberal, classical republican, Scottish, multiple traditions, and the politically correct interpretations of the

20 The Old Puritan and a New Nation 5 founding. He mentions only in passing the possibility that Protestantism may have had an influence on America s founders. 14 Of course it is inaccurate to say that religion has been ignored by students of the founding. There are excellent works that explore the influence of Christianity in the era, particularly with respect to the American Revolution. 15 As well, there are important books and essays that recognize Christianity as one of several strains of thought from which the founders drew.16 Students of individual founders often neglect the significance of their subject s religious commitments, but there are notable exceptions to this rule.17 Finally, there are excellent studies on ministers in this era, although these works seldom attempt to make clear connections between these men and the political theory of civic leaders. 18 In sum, while there are useful works on the subject, the intellectual influence of Christianity, generally, and Calvinism, more specifically, on the political theory and actions of America s founders has not been given sufficient attention. One goal of this study is to help remedy this situation by tracing the influence of Calvinist political theory on Sherman and his colleagues. Sherman on Church and State A major theme of Roger Sherman and the Creation of the American Republic is Sherman s approach to religious liberty and church-state relations. Like many of his Reformed colleagues, he had come to embrace a fairly expansive notion of religious liberty, but continued to believe that it is appropriate for civic authorities to encourage and support Christianity. However, his views have been largely ignored because of the tendency of scholars and jurists writing on these issues to focus on the views of a few elites. Inevitably, these founders are the ones most influenced by deism and the most likely to embrace something approximating contemporary notions of the separation of church and state. The two men regularly discussed, Thomas Jefferson and James Madison, are undoubtedly important, but their theological beliefs and their views on church-state relations are among the least representative of the founders. Other founders often covered in these studies include Benjamin Franklin, Thomas Paine, George Washington, John Adams, and Alexander Hamilton, some of whom were heterodox in their religious beliefs and who, with the exception of Washington, Adams, and Hamilton, were more likely to support something approximating modern notions of the separation of church and state. 19