Regionalism and the Religion Clauses: The Contribution of Fisher Ames

Buffalo Law Review

Volumn 47, Issue 2, 1999, Pages 763-828

  Arkin, Marc M ^a  

^a NONE

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EID: 0033425046     PISSN: 00239356     EISSN: None     Source Type: Journal    
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References (394)

1. See 1 THE DEBATES AND PROCEEDINGS IN THE CONGRESS OF THE UNITED STATES (Joseph Gales & W.W. Seaton eds., Washington, 1834-1856) 796 [hereinafter ANNALS]. For the difficulties inherent in the sources for early congressional debates, see, for example, LEONARD W. LEVY, THE ESTABLISHMENT CLAUSE 187-89 (1986); Marion Tinling, Thomas Lloyd's Reports of the First Federal Congress, 18 WM. & MARY Q. 519 (1961). The editors of the Annals for the session of Congress that framed the Bill of Rights based their report on Lloyd's Congressional Register, an unofficial weekly periodical; they further condensed Lloyd's already heavily edited and reconstructed account. In a May 9, 1789, letter to Thomas Jefferson, Madison wrote of Lloyd's "mutilation & perversion" of the record, quoted in Tinling, id at 533.
2. See 1 THE DEBATES AND PROCEEDINGS IN THE CONGRESS OF THE UNITED STATES (Joseph Gales & W.W. Seaton eds., Washington, 1834-1856) 796 [hereinafter ANNALS]. For the difficulties inherent in the sources for early congressional debates, see, for example, LEONARD W. LEVY, THE ESTABLISHMENT CLAUSE 187-89 (1986); Marion Tinling, Thomas Lloyd's Reports of the First Federal Congress, 18 WM. & MARY Q. 519 (1961). The editors of the Annals for the session of Congress that framed the Bill of Rights based their report on Lloyd's Congressional Register, an unofficial weekly periodical; they further condensed Lloyd's already heavily edited and reconstructed account. In a May 9, 1789, letter to Thomas Jefferson, Madison wrote of Lloyd's "mutilation & perversion" of the record, quoted in Tinling, id at 533.
3. See 1 THE DEBATES AND PROCEEDINGS IN THE CONGRESS OF THE UNITED STATES (Joseph Gales & W.W. Seaton eds., Washington, 1834-1856) 796 [hereinafter ANNALS]. For the difficulties inherent in the sources for early congressional debates, see, for example, LEONARD W. LEVY, THE ESTABLISHMENT CLAUSE 187-89 (1986); Marion Tinling, Thomas Lloyd's Reports of the First Federal Congress, 18 WM. & MARY Q. 519 (1961). The editors of the Annals for the session of Congress that framed the Bill of Rights based their report on Lloyd's Congressional Register, an unofficial weekly periodical; they further condensed Lloyd's already heavily edited and reconstructed account. In a May 9, 1789, letter to Thomas Jefferson, Madison wrote of Lloyd's "mutilation & perversion" of the record, quoted in Tinling, id at 533.
4. 1 ANNALS, supra note 1, at 759.
5. Id. at 796.
6. See id.
7. Steven D. Smith, The Writing of the Constitution and the Writing on the Wall, 19 HARV. J.L. & PUB. POL'Y. 391, 397 (1996).
8. LEVY, supra note 1, at 79.
9. Michael W. McConnell, The Origins and Historical Understanding of Free Exercise of Religion, 103 HARV. L. REV. 1409 (1990). The Supreme Court has cited Professor McConnell's article several times, most recently in City of Boerne v. Flores, 521 U. S. 507, 538, 542 (1997).
10. Michael W. McConnell, The Origins and Historical Understanding of Free Exercise of Religion, 103 HARV. L. REV. 1409 (1990). The Supreme Court has cited Professor McConnell's article several times, most recently in City of Boerne v. Flores, 521 U. S. 507, 538, 542 (1997).
11. Id. at 1482-83.
12. Id. at 1490. But see Philip A. Hamburger, A Constitutional Right of Religious Exemption: An Historical Perspective, 60 GEO. WASH. L. J. 915 (1992) (arguing that historical precedent does not support a broad right of religious exemption from otherwise applicable laws).
13. Id. at 1490. But see Philip A. Hamburger, A Constitutional Right of Religious Exemption: An Historical Perspective, 60 GEO. WASH. L. J. 915 (1992) (arguing that historical precedent does not support a broad right of religious exemption from otherwise applicable laws).
14. 1 ANNALS, supra note 1, at 451-52. See, e.g., IRVING BRANT, LIFE OF JAMES MADISON 267 (1954). See infra note 85 for the text of the relevant Madisonian amendments, the fourteenth of which specifically precluded the states from violating the "equal rights of conscience."
15. 1 ANNALS, supra note 1, at 451-52. See, e.g., IRVING BRANT, LIFE OF JAMES MADISON 267 (1954). See infra note 85 for the text of the relevant Madisonian amendments, the fourteenth of which specifically precluded the states from violating the "equal rights of conscience."
16. BRANT, supra note 10, at 267. In recent years a debate has arisen as to whether, at the time the Bill of Rights was ratified, the legal relationship between church and state in New England was an establishment of religion, or, instead, merely involved non-preferential aid to religious groups. See GERARD V. BRADLEY, CHURCH-STATE RELATIONSHIPS IN AMERICA 20-21 (1987) (summarizing the debate). Of course, "non-preferential aid" to religious institutions itself can be seen as a form of establishment of religion. See, e.g. Douglas Laycock, Non-Preferential Aid to Religion: A False Claim about Original Intent, 27 WM. & MARY L. REV. 875 (1986); see also AKHIL R. AMAR, THE BILL OF RIGHTS: CREATION AND RECONSTRUCTION 32 (1998) (stating that in 1789 at least six states had state supported churches and eleven of thirteen states had religious qualifications for office holding). No one, however, doubts that tax monies supported religious groups in New England in the late eighteenth century.
17. BRANT, supra note 10, at 267. In recent years a debate has arisen as to whether, at the time the Bill of Rights was ratified, the legal relationship between church and state in New England was an establishment of religion, or, instead, merely involved non-preferential aid to religious groups. See GERARD V. BRADLEY, CHURCH-STATE RELATIONSHIPS IN AMERICA 20-21 (1987) (summarizing the debate). Of course, "non-preferential aid" to religious institutions itself can be seen as a form of establishment of religion. See, e.g. Douglas Laycock, Non-Preferential Aid to Religion: A False Claim about Original Intent, 27 WM. & MARY L. REV. 875 (1986); see also AKHIL R. AMAR, THE BILL OF RIGHTS: CREATION AND RECONSTRUCTION 32 (1998) (stating that in 1789 at least six states had state supported churches and eleven of thirteen states had religious qualifications for office holding). No one, however, doubts that tax monies supported religious groups in New England in the late eighteenth century.
18. BRANT, supra note 10, at 267. In recent years a debate has arisen as to whether, at the time the Bill of Rights was ratified, the legal relationship between church and state in New England was an establishment of religion, or, instead, merely involved non-preferential aid to religious groups. See GERARD V. BRADLEY, CHURCH-STATE RELATIONSHIPS IN AMERICA 20-21 (1987) (summarizing the debate). Of course, "non-preferential aid" to religious institutions itself can be seen as a form of establishment of religion. See, e.g. Douglas Laycock, Non-Preferential Aid to Religion: A False Claim about Original Intent, 27 WM. & MARY L. REV. 875 (1986); see also AKHIL R. AMAR, THE BILL OF RIGHTS: CREATION AND RECONSTRUCTION 32 (1998) (stating that in 1789 at least six states had state supported churches and eleven of thirteen states had religious qualifications for office holding). No one, however, doubts that tax monies supported religious groups in New England in the late eighteenth century.
19. BRANT, supra note 10, at 267. In recent years a debate has arisen as to whether, at the time the Bill of Rights was ratified, the legal relationship between church and state in New England was an establishment of religion, or, instead, merely involved non-preferential aid to religious groups. See GERARD V. BRADLEY, CHURCH-STATE RELATIONSHIPS IN AMERICA 20-21 (1987) (summarizing the debate). Of course, "non-preferential aid" to religious institutions itself can be seen as a form of establishment of religion. See, e.g. Douglas Laycock, Non-Preferential Aid to Religion: A False Claim about Original Intent, 27 WM. & MARY L. REV. 875 (1986); see also AKHIL R. AMAR, THE BILL OF RIGHTS: CREATION AND RECONSTRUCTION 32 (1998) (stating that in 1789 at least six states had state supported churches and eleven of thirteen states had religious qualifications for office holding). No one, however, doubts that tax monies supported religious groups in New England in the late eighteenth century.
20. See BRADLEY, supra note 11, at 87. But see Donald L. Drakeman, Religion and the Republic: James Madison and the First Amendment, in JAMES MADISON ON RELIGIOUS LIBERTY 231, 234-35 (Robert S. Alley ed., 1985) (admitting that Congress rejected Madison's draft but arguing that the final version was not contrary to Madison's views because otherwise he "certainly would have taken up his experienced pen to put pressure on the legislative body.").
21. See BRADLEY, supra note 11, at 87. But see Donald L. Drakeman, Religion and the Republic: James Madison and the First Amendment, in JAMES MADISON ON RELIGIOUS LIBERTY 231, 234-35 (Robert S. Alley ed., 1985) (admitting that Congress rejected Madison's draft but arguing that the final version was not contrary to Madison's views because otherwise he "certainly would have taken up his experienced pen to put pressure on the legislative body.").
22. AMAR, supra note 11, at 37.
23. See, e.g., Everson v. Bd. of Educ., 330 U.S. 1 (1947) (Rutledge, J., dissenting). In Everson, Justice Rutledge proclaimed that "[n]o provision of the Constitution is more closely tied to or given content by its generating history than the religion clause of the First Amendment." Id. at 33. He then argued that Madison's understanding of the religion clauses determined their meaning: "All the great instruments of the Virginia struggle for religious liberty thus became warp and woof of our constitutional tradition, not simply by the course of history, but by the common unifying force of Madison's life, thought, and sponsorship." Id. at 39. Scholars also have treated Madison's views as central to the meaning of the First Amendment. See, e.g., William Van Alstyne, Trends in the Court: Mr. Jefferson's Crumbling Wall - A Comment on Lynch v. Donnelly, 1984 DUKE L.J. 770, 773, 777-79. See generally JAMES MADISON ON RELIGIOUS LIBERTY, supra note 12.
24. See, e.g., Everson v. Bd. of Educ., 330 U.S. 1 (1947) (Rutledge, J., dissenting). In Everson, Justice Rutledge proclaimed that "[n]o provision of the Constitution is more closely tied to or given content by its generating history than the religion clause of the First Amendment." Id. at 33. He then argued that Madison's understanding of the religion clauses determined their meaning: "All the great instruments of the Virginia struggle for religious liberty thus became warp and woof of our constitutional tradition, not simply by the course of history, but by the common unifying force of Madison's life, thought, and sponsorship." Id. at 39. Scholars also have treated Madison's views as central to the meaning of the First Amendment. See, e.g., William Van Alstyne, Trends in the Court: Mr. Jefferson's Crumbling Wall - A Comment on Lynch v. Donnelly, 1984 DUKE L.J. 770, 773, 777-79. See generally JAMES MADISON ON RELIGIOUS LIBERTY, supra note 12.
25. See, e.g., Everson v. Bd. of Educ., 330 U.S. 1 (1947) (Rutledge, J., dissenting). In Everson, Justice Rutledge proclaimed that "[n]o provision of the Constitution is more closely tied to or given content by its generating history than the religion clause of the First Amendment." Id. at 33. He then argued that Madison's understanding of the religion clauses determined their meaning: "All the great instruments of the Virginia struggle for religious liberty thus became warp and woof of our constitutional tradition, not simply by the course of history, but by the common unifying force of Madison's life, thought, and sponsorship." Id. at 39. Scholars also have treated Madison's views as central to the meaning of the First Amendment. See, e.g., William Van Alstyne, Trends in the Court: Mr. Jefferson's Crumbling Wall - A Comment on Lynch v. Donnelly, 1984 DUKE L.J. 770, 773, 777-79. See generally JAMES MADISON ON RELIGIOUS LIBERTY, supra note 12.
26. AMAR, supra note 11, at 32-45. Amar wrote of the establishment clause that "Samuel Livermore . . . initially won the assent of the House for this [New Hampshire] wording, only to lose in turn to another formulation," presumably that of Ames. Id. at 33. Amar continued, when the Senate adopted the final form of the amendment, it had returned to its "states' rights" roots. Id. Amar's discussion of the free exercise clause, arguably Ames's more significant contribution to the debate, comprised two pages of text and did not mention Ames. See id. at 42-44.
27. See, e.g., BRANT, supra note 10; BRADLEY, supra note 11.
28. McConnell acknowledged that Ames's views "could be relevant" because he "drafted the last version of the amendment to pass the House" and "his version was quite similar to the amendment that was ultimately ratified." McConnell, supra note 7, at 1455 & n.236.
29. Id. (relying on WORKS OF FISHER AMES (Seth Ames ed., 1854)).
30. WINFRED E.A. BERNHARD, FISHER AMES (1965). McConnell made the same observation about the Bernhard biography. See supra note 7, at 1455 & n.236. Other sources for Ames's life include Samuel Eliot Morison, Squire Ames and Doctor Ames, 1 THE NEW ENG. Q. 5 (1928); Elisha P. Douglass, Fisher Ames, Spokesman for New England Federalism, 103 PROC. OF THE AM. PHIL. SOC'Y. 693 (October 1959). In addition, there is William B Allen's Foreword to the Liberty Fund's WORKS OF FISHER AMES at xix (W. B. Allen ed., 1983). Further, J.T. Kirkland's Life of Fisher Ames was affixed most recently as a Preface to the 1983 Liberty Fund edition, WORKS OF FISHER AMES at xlii (W. B. Allen ed, 1983), having been part of both the 1809 and 1854 editions of Ames's works. See infra note 40. All references to Kirkland will be made to the 1983 Liberty Fund edition. Finally, there is a biographical sketch in THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES, AND LETTERS DURING THE STRUGGLE OVERRATIFICATION 997 (Bernard M. Bailyn ed., 1993). None of the modern sources discusses Ames's views on religion in depth.
31. WINFRED E.A. BERNHARD, FISHER AMES (1965). McConnell made the same observation about the Bernhard biography. See supra note 7, at 1455 & n.236. Other sources for Ames's life include Samuel Eliot Morison, Squire Ames and Doctor Ames, 1 THE NEW ENG. Q. 5 (1928); Elisha P. Douglass, Fisher Ames, Spokesman for New England Federalism, 103 PROC. OF THE AM. PHIL. SOC'Y. 693 (October 1959). In addition, there is William B Allen's Foreword to the Liberty Fund's WORKS OF FISHER AMES at xix (W. B. Allen ed., 1983). Further, J.T. Kirkland's Life of Fisher Ames was affixed most recently as a Preface to the 1983 Liberty Fund edition, WORKS OF FISHER AMES at xlii (W. B. Allen ed, 1983), having been part of both the 1809 and 1854 editions of Ames's works. See infra note 40. All references to Kirkland will be made to the 1983 Liberty Fund edition. Finally, there is a biographical sketch in THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES, AND LETTERS DURING THE STRUGGLE OVERRATIFICATION 997 (Bernard M. Bailyn ed., 1993). None of the modern sources discusses Ames's views on religion in depth.
32. WINFRED E.A. BERNHARD, FISHER AMES (1965). McConnell made the same observation about the Bernhard biography. See supra note 7, at 1455 & n.236. Other sources for Ames's life include Samuel Eliot Morison, Squire Ames and Doctor Ames, 1 THE NEW ENG. Q. 5 (1928); Elisha P. Douglass, Fisher Ames, Spokesman for New England Federalism, 103 PROC. OF THE AM. PHIL. SOC'Y. 693 (October 1959). In addition, there is William B Allen's Foreword to the Liberty Fund's WORKS OF FISHER AMES at xix (W. B. Allen ed., 1983). Further, J.T. Kirkland's Life of Fisher Ames was affixed most recently as a Preface to the 1983 Liberty Fund edition, WORKS OF FISHER AMES at xlii (W. B. Allen ed, 1983), having been part of both the 1809 and 1854 editions of Ames's works. See infra note 40. All references to Kirkland will be made to the 1983 Liberty Fund edition. Finally, there is a biographical sketch in THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES, AND LETTERS DURING THE STRUGGLE OVERRATIFICATION 997 (Bernard M. Bailyn ed., 1993). None of the modern sources discusses Ames's views on religion in depth.
33. WINFRED E.A. BERNHARD, FISHER AMES (1965). McConnell made the same observation about the Bernhard biography. See supra note 7, at 1455 & n.236. Other sources for Ames's life include Samuel Eliot Morison, Squire Ames and Doctor Ames, 1 THE NEW ENG. Q. 5 (1928); Elisha P. Douglass, Fisher Ames, Spokesman for New England Federalism, 103 PROC. OF THE AM. PHIL. SOC'Y. 693 (October 1959). In addition, there is William B Allen's Foreword to the Liberty Fund's WORKS OF FISHER AMES at xix (W. B. Allen ed., 1983). Further, J.T. Kirkland's Life of Fisher Ames was affixed most recently as a Preface to the 1983 Liberty Fund edition, WORKS OF FISHER AMES at xlii (W. B. Allen ed, 1983), having been part of both the 1809 and 1854 editions of Ames's works. See infra note 40. All references to Kirkland will be made to the 1983 Liberty Fund edition. Finally, there is a biographical sketch in THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES, AND LETTERS DURING THE STRUGGLE OVERRATIFICATION 997 (Bernard M. Bailyn ed., 1993). None of the modern sources discusses Ames's views on religion in depth.
34. WINFRED E.A. BERNHARD, FISHER AMES (1965). McConnell made the same observation about the Bernhard biography. See supra note 7, at 1455 & n.236. Other sources for Ames's life include Samuel Eliot Morison, Squire Ames and Doctor Ames, 1 THE NEW ENG. Q. 5 (1928); Elisha P. Douglass, Fisher Ames, Spokesman for New England Federalism, 103 PROC. OF THE AM. PHIL. SOC'Y. 693 (October 1959). In addition, there is William B Allen's Foreword to the Liberty Fund's WORKS OF FISHER AMES at xix (W. B. Allen ed., 1983). Further, J.T. Kirkland's Life of Fisher Ames was affixed most recently as a Preface to the 1983 Liberty Fund edition, WORKS OF FISHER AMES at xlii (W. B. Allen ed, 1983), having been part of both the 1809 and 1854 editions of Ames's works. See infra note 40. All references to Kirkland will be made to the 1983 Liberty Fund edition. Finally, there is a biographical sketch in THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES, AND LETTERS DURING THE STRUGGLE OVERRATIFICATION 997 (Bernard M. Bailyn ed., 1993). None of the modern sources discusses Ames's views on religion in depth.
35. WINFRED E.A. BERNHARD, FISHER AMES (1965). McConnell made the same observation about the Bernhard biography. See supra note 7, at 1455 & n.236. Other sources for Ames's life include Samuel Eliot Morison, Squire Ames and Doctor Ames, 1 THE NEW ENG. Q. 5 (1928); Elisha P. Douglass, Fisher Ames, Spokesman for New England Federalism, 103 PROC. OF THE AM. PHIL. SOC'Y. 693 (October 1959). In addition, there is William B Allen's Foreword to the Liberty Fund's WORKS OF FISHER AMES at xix (W. B. Allen ed., 1983). Further, J.T. Kirkland's Life of Fisher Ames was affixed most recently as a Preface to the 1983 Liberty Fund edition, WORKS OF FISHER AMES at xlii (W. B. Allen ed, 1983), having been part of both the 1809 and 1854 editions of Ames's works. See infra note 40. All references to Kirkland will be made to the 1983 Liberty Fund edition. Finally, there is a biographical sketch in THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES, AND LETTERS DURING THE STRUGGLE OVERRATIFICATION 997 (Bernard M. Bailyn ed., 1993). None of the modern sources discusses Ames's views on religion in depth.
36. McConnell, supra note 7, at 1455 & n.236.
37. See infra note 53.
38. AMAR, supra note 11, at 45.
39. 'Civic republicanism' is used by historians to denote a strand of ideology common at the time of the American Revolution that self-consciously hearkened back to classical thought and viewed individuals as gaining meaning through their role citizens commited to the common enterprise of self-government. See generally J.G.A. POCOCK, THE MACHIEVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION (1975). The republican model met many scholarly and ideological needs and quickly gained ascendancy, particularly within the legal academy and among those critical of the process-oriented approach of liberalism. See, e.g., Kathryn Abrams, Law's Republicanism, 97 YALE L. J. 1591 (1988); Daniel T. Rodgers, Republicanism: The Career of a Concept, 79 J. AM. HIST. 11, 33-34 (1992).
40. 'Civic republicanism' is used by historians to denote a strand of ideology common at the time of the American Revolution that self-consciously hearkened back to classical thought and viewed individuals as gaining meaning through their role citizens commited to the common enterprise of self-government. See generally J.G.A. POCOCK, THE MACHIEVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION (1975). The republican model met many scholarly and ideological needs and quickly gained ascendancy, particularly within the legal academy and among those critical of the process-oriented approach of liberalism. See, e.g., Kathryn Abrams, Law's Republicanism, 97 YALE L. J. 1591 (1988); Daniel T. Rodgers, Republicanism: The Career of a Concept, 79 J. AM. HIST. 11, 33-34 (1992).
41. 'Civic republicanism' is used by historians to denote a strand of ideology common at the time of the American Revolution that self-consciously hearkened back to classical thought and viewed individuals as gaining meaning through their role citizens commited to the common enterprise of self-government. See generally J.G.A. POCOCK, THE MACHIEVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION (1975). The republican model met many scholarly and ideological needs and quickly gained ascendancy, particularly within the legal academy and among those critical of the process-oriented approach of liberalism. See, e.g., Kathryn Abrams, Law's Republicanism, 97 YALE L. J. 1591 (1988); Daniel T. Rodgers, Republicanism: The Career of a Concept, 79 J. AM. HIST. 11, 33-34 (1992).
42. AMAR, supra note 11, at 45. In this, Amar relied on his reading of GORDON S. WOOD'S magisterial work, THE CREATION OF THE AMERICAN REPUBLIC 421-29 (1969) (discussing the hope that remained among many Americans, faced with the disorders of the 1780s, that moral reform and religious regeneration were possible, continuing earlier republican ideals). In his preface to the 1998 edition, Wood offered the cautionary observation that "republicanism has come to seem to many scholars to be a more distinct and palpable body of thought than it was in fact." GORDON S. WOOD, THE CREATION OF THE AMERICAN REPUBLIC at v, vii (2nd ed. 1998).
43. AMAR, supra note 11, at 45. In this, Amar relied on his reading of GORDON S. WOOD'S magisterial work, THE CREATION OF THE AMERICAN REPUBLIC 421-29 (1969) (discussing the hope that remained among many Americans, faced with the disorders of the 1780s, that moral reform and religious regeneration were possible, continuing earlier republican ideals). In his preface to the 1998 edition, Wood offered the cautionary observation that "republicanism has come to seem to many scholars to be a more distinct and palpable body of thought than it was in fact." GORDON S. WOOD, THE CREATION OF THE AMERICAN REPUBLIC at v, vii (2nd ed. 1998).
44. AMAR, supra note 11, at 45. In this, Amar relied on his reading of GORDON S. WOOD'S magisterial work, THE CREATION OF THE AMERICAN REPUBLIC 421-29 (1969) (discussing the hope that remained among many Americans, faced with the disorders of the 1780s, that moral reform and religious regeneration were possible, continuing earlier republican ideals). In his preface to the 1998 edition, Wood offered the cautionary observation that "republicanism has come to seem to many scholars to be a more distinct and palpable body of thought than it was in fact." GORDON S. WOOD, THE CREATION OF THE AMERICAN REPUBLIC at v, vii (2nd ed. 1998).
45. See, e.g., Edmund S. Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, 22 (1967), reprinted in THE CHALLENGE OF THE AMERICAN REVOLUTION 88, 112 (1976) [hereinafter CHALLENGE] (suggesting that differences between the north and south were "already discernable in the 1780's as the primary source of friction among Americans," but tracing the friction mainly to tensions over slavery). Amar recognized the importance of what he termed the "states' rights" tradition during the early republic, but, due to his Madisonian emphasis, largely focused on southern developments and overlooked the strong tradition of New England regionalism. AMAR, supra note 11, at 4-5.
46. See, e.g., Edmund S. Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, 22 (1967), reprinted in THE CHALLENGE OF THE AMERICAN REVOLUTION 88, 112 (1976) [hereinafter CHALLENGE] (suggesting that differences between the north and south were "already discernable in the 1780's as the primary source of friction among Americans," but tracing the friction mainly to tensions over slavery). Amar recognized the importance of what he termed the "states' rights" tradition during the early republic, but, due to his Madisonian emphasis, largely focused on southern developments and overlooked the strong tradition of New England regionalism. AMAR, supra note 11, at 4-5.
47. See, e.g., Edmund S. Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, 22 (1967), reprinted in THE CHALLENGE OF THE AMERICAN REVOLUTION 88, 112 (1976) [hereinafter CHALLENGE] (suggesting that differences between the north and south were "already discernable in the 1780's as the primary source of friction among Americans," but tracing the friction mainly to tensions over slavery). Amar recognized the importance of what he termed the "states' rights" tradition during the early republic, but, due to his Madisonian emphasis, largely focused on southern developments and overlooked the strong tradition of New England regionalism. AMAR, supra note 11, at 4-5.
48. See infra note 2 and accompanying text.
49. As Linda K. Kerber has gracefully stated, "In a mere twenty years, from 1789 to 1809, the Federalists as a group are assumed to have reversed character; once representing statesmanship of the highest order and originality, they deteriorated, it seems, into a pack of quarreling, ill-tempered curmudgeons, the poorest losers in American history." LINDA K. KERBER, FEDERALISTS IN DISSENT: IMAGERY AND IDEOLOGY IN JEFFERSONIAN AMERICA at xi (1980). See also STANLEY ELKINS & ERIC MCKITRICK, THE AGE OF FEDERALISM 24 (1993) (Although the early federalism of Washington and Hamilton was foresighted and enlightened, by the turn of the century, the response of Federalism to the political pressures of the day was "that of righteousness under siege, and amounted to little more than a sterile defense of the constituted order against the forces of insubordination and sedition. What had become of Federalism by then did not make a pretty picture."); Marshall Smelser, The Federalist Period as an Age of Passion, 10 AM. Q. 391 (1958).
50. As Linda K. Kerber has gracefully stated, "In a mere twenty years, from 1789 to 1809, the Federalists as a group are assumed to have reversed character; once representing statesmanship of the highest order and originality, they deteriorated, it seems, into a pack of quarreling, ill-tempered curmudgeons, the poorest losers in American history." LINDA K. KERBER, FEDERALISTS IN DISSENT: IMAGERY AND IDEOLOGY IN JEFFERSONIAN AMERICA at xi (1980). See also STANLEY ELKINS & ERIC MCKITRICK, THE AGE OF FEDERALISM 24 (1993) (Although the early federalism of Washington and Hamilton was foresighted and enlightened, by the turn of the century, the response of Federalism to the political pressures of the day was "that of righteousness under siege, and amounted to little more than a sterile defense of the constituted order against the forces of insubordination and sedition. What had become of Federalism by then did not make a pretty picture."); Marshall Smelser, The Federalist Period as an Age of Passion, 10 AM. Q. 391 (1958).
51. As Linda K. Kerber has gracefully stated, "In a mere twenty years, from 1789 to 1809, the Federalists as a group are assumed to have reversed character; once representing statesmanship of the highest order and originality, they deteriorated, it seems, into a pack of quarreling, ill-tempered curmudgeons, the poorest losers in American history." LINDA K. KERBER, FEDERALISTS IN DISSENT: IMAGERY AND IDEOLOGY IN JEFFERSONIAN AMERICA at xi (1980). See also STANLEY ELKINS & ERIC MCKITRICK, THE AGE OF FEDERALISM 24 (1993) (Although the early federalism of Washington and Hamilton was foresighted and enlightened, by the turn of the century, the response of Federalism to the political pressures of the day was "that of righteousness under siege, and amounted to little more than a sterile defense of the constituted order against the forces of insubordination and sedition. What had become of Federalism by then did not make a pretty picture."); Marshall Smelser, The Federalist Period as an Age of Passion, 10 AM. Q. 391 (1958).
52. See WOOD, supra note 24, at 421-29, 516-17, 540-43; see also Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, reprinted in CHALLENGE, supra note 25, at 130; AMAR, supra note 11, at 11.
53. See WOOD, supra note 24, at 421-29, 516-17, 540-43; see also Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, reprinted in CHALLENGE, supra note 25, at 130; AMAR, supra note 11, at 11.
54. See WOOD, supra note 24, at 421-29, 516-17, 540-43; see also Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, reprinted in CHALLENGE, supra note 25, at 130; AMAR, supra note 11, at 11.
55. See WOOD, supra note 24, at 421-29, 516-17, 540-43; see also Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, reprinted in CHALLENGE, supra note 25, at 130; AMAR, supra note 11, at 11.
56. See, e.g., LANCE BANNING, THE SACRED FIRE OF LIBERTY: JAMES MADISON AND THE FOUNDING OF THE AMERICAN REPUBLIC 3-10, 25 (1995) (citing sources for the prevailing interpretation of Madison's thought while taking issue with their conclusions); AMAR, supra note 11, at 29.
57. See, e.g., LANCE BANNING, THE SACRED FIRE OF LIBERTY: JAMES MADISON AND THE FOUNDING OF THE AMERICAN REPUBLIC 3-10, 25 (1995) (citing sources for the prevailing interpretation of Madison's thought while taking issue with their conclusions); AMAR, supra note 11, at 29.
58. See EDMUND S. MORGAN, Conflict and Consensus, in CHALLENGE, supra note 25, 174, 183-88 (noting that from 1763 to 1789 the primary sectional division was between coastal regions and the interior).
59. See Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, 33, reprinted in CHALLENGE, supra note 25, at 126 (noting that there was "no continuity" between the political divisions of the 1770s, 1780s, and 1790s, but suggesting that a shared Puritan culture remained a constant ingredient of American political culture lending stability and continuity to political discourse).
60. See Morgan, The Puritan Ethic and the American Revolution, 24 WM. & MARY Q. 3, 33, reprinted in CHALLENGE, supra note 25, at 126 (noting that there was "no continuity" between the political divisions of the 1770s, 1780s, and 1790s, but suggesting that a shared Puritan culture remained a constant ingredient of American political culture lending stability and continuity to political discourse).
61. The question of when and on what levels of society the transformation of republicanism to liberalism took place is an enormously vexed historiographical question. See, e.g., Rodgers, supra note 21, at 33. See generally JOYCE APPLEBY, LIBERALISM AND REPUBLICANISM IN THE HISTORICAL IMAGINATION (1992); Robert E. Shallope, Republicanism and Early American Historiography, 39 WM. & MARY Q. 334 (1982). Cf. Cass R. Sunstein, Beyond the Republican Revival, 97 YALE L. J. 1539, 1567 (1988) (arguing that "[t]he opposition between liberal and republican thought in the context of the framing is . . . largely a false one").
62. The question of when and on what levels of society the transformation of republicanism to liberalism took place is an enormously vexed historiographical question. See, e.g., Rodgers, supra note 21, at 33. See generally JOYCE APPLEBY, LIBERALISM AND REPUBLICANISM IN THE HISTORICAL IMAGINATION (1992); Robert E. Shallope, Republicanism and Early American Historiography, 39 WM. & MARY Q. 334 (1982). Cf. Cass R. Sunstein, Beyond the Republican Revival, 97 YALE L. J. 1539, 1567 (1988) (arguing that "[t]he opposition between liberal and republican thought in the context of the framing is . . . largely a false one").
63. The question of when and on what levels of society the transformation of republicanism to liberalism took place is an enormously vexed historiographical question. See, e.g., Rodgers, supra note 21, at 33. See generally JOYCE APPLEBY, LIBERALISM AND REPUBLICANISM IN THE HISTORICAL IMAGINATION (1992); Robert E. Shallope, Republicanism and Early American Historiography, 39 WM. & MARY Q. 334 (1982). Cf. Cass R. Sunstein, Beyond the Republican Revival, 97 YALE L. J. 1539, 1567 (1988) (arguing that "[t]he opposition between liberal and republican thought in the context of the framing is . . . largely a false one").
64. The question of when and on what levels of society the transformation of republicanism to liberalism took place is an enormously vexed historiographical question. See, e.g., Rodgers, supra note 21, at 33. See generally JOYCE APPLEBY, LIBERALISM AND REPUBLICANISM IN THE HISTORICAL IMAGINATION (1992); Robert E. Shallope, Republicanism and Early American Historiography, 39 WM. & MARY Q. 334 (1982). Cf. Cass R. Sunstein, Beyond the Republican Revival, 97 YALE L. J. 1539, 1567 (1988) (arguing that "[t]he opposition between liberal and republican thought in the context of the framing is . . . largely a false one").
65. See, e.g., BANNING, supra note 29, at 14-23 (discussing Madison's regionalism in the early 1780s, including his resentment of New England's failure to aid Virginia after the latter was invaded).
66. For a discussion of the pervasive use of history in modern constitutional interpretation and the difficulties pertaining thereto, see Martin S. Flaherty, History "Lite" in Modern American Constitutionalism, 95 COLUM. L. REV. 523 (1995), and examples discussed therein. Cf. BRUCE A. ACKERMAN, WE THE PEOPLE: FOUNDATIONS 5 (1991) ("Americans routinely treat the constitutional past as if it contained valuable clues for decoding the meaning of our political present.").
67. For a discussion of the pervasive use of history in modern constitutional interpretation and the difficulties pertaining thereto, see Martin S. Flaherty, History "Lite" in Modern American Constitutionalism, 95 COLUM. L. REV. 523 (1995), and examples discussed therein. Cf. BRUCE A. ACKERMAN, WE THE PEOPLE: FOUNDATIONS 5 (1991) ("Americans routinely treat the constitutional past as if it contained valuable clues for decoding the meaning of our political present.").
68. Unitarianism is a liberal theological movement that derives its name from its core tenet, the rejection of the doctrine of the Trinity. See, e.g., SYDNEY E. AHLSTROM, A RELIGIOUS HISTORY OF THE AMERICAN PEOPLE 391-92 (1972).
69. This discussion intentionally skirts the role of originalism in constitutional interpretation, an area in which the literature is so vast as to dwarf the present undertaking. However, an underlying theme of this article is the difficulty of reconstructing the eighteenth century worldview, much less of rendering that view relevant to twentieth century constitutional discourse. For a reasoned summary of the various positions and the historian's role in the originalism debate, see JACK N. RAKOVE, ORIGINAL MEANINGS: POLITICS AND IDEAS IN THE MAKING OF THE CONSTITUTION 1-22, 337-68 (1996). See also Alfred Kelly, Clio and the Court: An Illicit Love Affair, 1965 SUP. CT. REV. 119, 155-58; Paul Finkelman, The Constitution and the Intentions of the Framers: The Limits of Historical Analysis, 50 U. PITT. L. REV. 349 (1989).
70. This discussion intentionally skirts the role of originalism in constitutional interpretation, an area in which the literature is so vast as to dwarf the present undertaking. However, an underlying theme of this article is the difficulty of reconstructing the eighteenth century worldview, much less of rendering that view relevant to twentieth century constitutional discourse. For a reasoned summary of the various positions and the historian's role in the originalism debate, see JACK N. RAKOVE, ORIGINAL MEANINGS: POLITICS AND IDEAS IN THE MAKING OF THE CONSTITUTION 1-22, 337-68 (1996). See also Alfred Kelly, Clio and the Court: An Illicit Love Affair, 1965 SUP. CT. REV. 119, 155-58; Paul Finkelman, The Constitution and the Intentions of the Framers: The Limits of Historical Analysis, 50 U. PITT. L. REV. 349 (1989).
71. This discussion intentionally skirts the role of originalism in constitutional interpretation, an area in which the literature is so vast as to dwarf the present undertaking. However, an underlying theme of this article is the difficulty of reconstructing the eighteenth century worldview, much less of rendering that view relevant to twentieth century constitutional discourse. For a reasoned summary of the various positions and the historian's role in the originalism debate, see JACK N. RAKOVE, ORIGINAL MEANINGS: POLITICS AND IDEAS IN THE MAKING OF THE CONSTITUTION 1-22, 337-68 (1996). See also Alfred Kelly, Clio and the Court: An Illicit Love Affair, 1965 SUP. CT. REV. 119, 155-58; Paul Finkelman, The Constitution and the Intentions of the Framers: The Limits of Historical Analysis, 50 U. PITT. L. REV. 349 (1989).
72. See, e.g., BANNING, supra note 29, at 1 (remarking on Madison's "centrality at every step of the creation of the federal republic"); Sunstein, supra note 32, at 1563 (asserting that "the importance of Madison for current constitutional controversy does not depend solely on the quality of Madison's thought[,]" but also on his role as a major figure in the American constitutional tradition).
73. See, e.g., BANNING, supra note 29, at 1 (remarking on Madison's "centrality at every step of the creation of the federal republic"); Sunstein, supra note 32, at 1563 (asserting that "the importance of Madison for current constitutional controversy does not depend solely on the quality of Madison's thought[,]" but also on his role as a major figure in the American constitutional tradition).
74. Morison, supra note 19, at 5. The description of Ames's funeral that follows is drawn from id. at 30-31 and from Douglass, supra note 19, at 693-94.
75. Morison, supra note 19, at 5. The description of Ames's funeral that follows is drawn from id. at 30-31 and from Douglass, supra note 19, at 693-94.
76. A contemporary explained the presence of the junior and senior classes at Harvard saying, they "came to pay their respects to the memory of one, whom they had ever been taught to revere, and who had been elected President of the University." John Pierce, Entry of July 6, 1808, in 1 Memoir of the Reverend John Pierce 194-95 [hereinafter Pierce Memoir] (on file with the Massachusetts Historical Society).
77. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
78. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
79. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
80. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
81. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
82. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
83. The collected works of Fisher Ames has gone through several editions. Friends published the first edition of WORKS OF FISHER AMES (1809) shortly after his death. In 1854, his son, Seth Ames, issued an expanded edition of the collection including more of Ames's letters. WORKS OF FlSHER AMES, supra note 17. Finally, in 1983, the Liberty Fund issued a further expanded modern edition, WORKS OF FISHER AMES (W. B. Allen ed., 1983) [hereinafter WORKS]. All references to WORKS OF FISHER AMES in this article will be to the 1983 Liberty Fund edition. In addition, Pelham W. Ames published a separate collection, SPEECHES OF FISHER AMES IN CONGRESS (1789-1796) (1871). Many of the friends involved in preparing the first edition of Ames's Works were members of Boston's Wednesday Evening Club. See infra note 63. Cf. Letter from Reverend John Eliot to Josiah Quincy (Feb. 6, 1809), in 17 PROCEEDINGS OF THE MASSACHUSETTS HISTORICAL SOCIETY 17-18 (1879-1880): I will tell you more about him [Rev. John T. Kirkland]. He has had so many months to prepare a memoir of F. Ames. The press is now waiting for him. Mr. Cabot keeps at his side, goads him continually. This afternoon the Ministers met at his house. Mr. C. kept with him upstairs, and made him write, - allowing him only time to come down and pray as usual at our Associations . . . . Id. at 18. Both Kirkland and Quincy eventually served as presidents of Harvard University; Eliot was a member of the Harvard Corporation, its executive governing body.
84. Although these are Ames's first published political writings, Ames's forays into public life date from 1779 when he represented Dedham at a Concord convention on wartime inflation. See BERNHARD, supra note 19, at 35; Allen, supra note 19, at xx.
85. Although these are Ames's first published political writings, Ames's forays into public life date from 1779 when he represented Dedham at a Concord convention on wartime inflation. See BERNHARD, supra note 19, at 35; Allen, supra note 19, at xx.
86. See, e.g., BERNHARD, supra note 19,. at 49-51, and Morison, supra note 5, at 11 (both pointing out that in these early letters, Ames enunciated the themes that occupied him until his death in 1808).
87. See, e.g., BERNHARD, supra note 19,. at 49-51, and Morison, supra note 5, at 11 (both pointing out that in these early letters, Ames enunciated the themes that occupied him until his death in 1808).
88. Fisher Ames, Lucius Junius Brutus I-III, first published in THE INDEP. CHRON., Oct. 12, 19, and 26, 1786, reprinted in 1 WORKS, supra note 40, at 38-56..
89. Fisher Ames, Lucius Junius Brutus I-III, first published in THE INDEP. CHRON., Oct. 12, 19, and 26, 1786, reprinted in 1 WORKS, supra note 40, at 38-56..
90. Fisher Ames, Camillus I-V, first published in THE INDEP. CHRON., Feb. 15 and 22, and Mar. 1, 8, 15, 1787, reprinted in 1 WORKS, supra note 40, at 56-77, 81- 86.
91. Fisher Ames, Camillus I-V, first published in THE INDEP. CHRON., Feb. 15 and 22, and Mar. 1, 8, 15, 1787, reprinted in 1 WORKS, supra note 40, at 56-77, 81-86.
92. Fisher Ames, Speech on Constituting the House of Representatives and Propriety of Biennial Elections (Jan. 15, 1788), in 1 WORKS, supra note 40, at 544-46. Annual elections were thought to keep representatives closer to the people. As Ames added, "To provide for popular liberty, we must take care that measures shall not be adopted without due deliberation. The member chosen for two years will feel some independence in his seat. The factions of the day will expire before the end of his term." Id. at 546.
93. Fisher Ames, Speech on Constituting the House of Representatives and Propriety of Biennial Elections (Jan. 15, 1788), in 1 WORKS, supra note 40, at 544- 46. Annual elections were thought to keep representatives closer to the people. As Ames added, "To provide for popular liberty, we must take care that measures shall not be adopted without due deliberation. The member chosen for two years will feel some independence in his seat. The factions of the day will expire before the end of his term." Id. at 546.
94. Fisher Ames, Speech On Proposals for Ratification of the Constitution to be Accompanied by Proposed Amendments Rather than Conditioned on Adoption of a Bill of Rights (Feb. 5, 1788), in 1 WORKS, supra note 40, at 551-57. Ames feared that the delegates would either reject the constitution outright or would ratify it conditionally. In either case, Massachusetts would be left out of the future government and would be unprotected against the British. As he argued, If we reject the Constitution, . . . [w]hat security has this single state against foreign enemies? Could we defend the mast country, which the Britons so much desire? Can we protect our fisheries, or secure by treaties a sale for the produce of our lands in foreign markets? . . . The Union is the dike to fence out the flood. That dike is broken and decayed; and, if we do not repair it, when the next spring tide comes, we shall be buried in one common destruction. Id. at 556-57.
95. Fisher Ames, Speech On Proposals for Ratification of the Constitution to be Accompanied by Proposed Amendments Rather than Conditioned on Adoption of a Bill of Rights (Feb. 5, 1788), in 1 WORKS, supra note 40, at 551-57. Ames feared that the delegates would either reject the constitution outright or would ratify it conditionally. In either case, Massachusetts would be left out of the future government and would be unprotected against the British. As he argued, If we reject the Constitution, . . . [w]hat security has this single state against foreign enemies? Could we defend the mast country, which the Britons so much desire? Can we protect our fisheries, or secure by treaties a sale for the produce of our lands in foreign markets? . . . The Union is the dike to fence out the flood. That dike is broken and decayed; and, if we do not repair it, when the next spring tide comes, we shall be buried in one common destruction. Id. at 556-57.
96. See BERNHARD, supra note 19, at 72 (reporting that Ames won by six more votes than a majority in the race against Adams).
97. Edmund Genet arrived as French minister to the United States in early 1793 to initial public acclaim and, apparently, to encouragement for French interests by then Secretary of State Edmund Randolph. Genet attempted, however, to recruit armies for France in the United States and fitted privateers to sail against British vessels from American ports. As a result, President Washington requested Genet's recall in August, 1793. See ELKINS & MCKITRICK, supra note 27, at 341-53; Letter from Fisher Ames to Thomas Dwight, Jan. 17, 1794, in 2 WORKS, supra note 40, at 988-89. Genet's "outrages, for which his masters doubtless gave him authority, ought to provoke indignation." Id. at 988.
98. Edmund Genet arrived as French minister to the United States in early 1793 to initial public acclaim and, apparently, to encouragement for French interests by then Secretary of State Edmund Randolph. Genet attempted, however, to recruit armies for France in the United States and fitted privateers to sail against British vessels from American ports. As a result, President Washington requested Genet's recall in August, 1793. See ELKINS & MCKITRICK, supra note 27, at 341-53; Letter from Fisher Ames to Thomas Dwight, Jan. 17, 1794, in 2 WORKS, supra note 40, at 988-89. Genet's "outrages, for which his masters doubtless gave him authority, ought to provoke indignation." Id. at 988.
99. Edmund Genet arrived as French minister to the United States in early 1793 to initial public acclaim and, apparently, to encouragement for French interests by then Secretary of State Edmund Randolph. Genet attempted, however, to recruit armies for France in the United States and fitted privateers to sail against British vessels from American ports. As a result, President Washington requested Genet's recall in August, 1793. See ELKINS & MCKITRICK, supra note 27, at 341-53; Letter from Fisher Ames to Thomas Dwight, Jan. 17, 1794, in 2 WORKS, supra note 40, at 988-89. Genet's "outrages, for which his masters doubtless gave him authority, ought to provoke indignation." Id. at 988.
100. The best description of Ames's state of mind is given by fellow New Englander HENRY ADAMS in his HISTORY OF THE UNITED STATES OF AMERICA DURING THE ADMINISTRATIONS OF THOMAS JEFFERSON (Library of America 1986) (1891). Fear of France became a monomania with the New England leaders, and took exclusive hold of Fisher Ames, their most brilliant writer and talker, until it degenerated into a morbid illusion. During the last few months of his life, even so late as 1808, this dying man could scarcely speak of his children without expressing his fears of their future servitude to the French. He believed his alarms to be shared by his friends. 'Our days,' he wrote, 'are made heavy with the pressure of anxiety, and our nights restless with visions of horror. We listen to the clank of chains, and overhear the whispers of assassins. We mark the barbarous dissonance of mingled rage and triumph in the yell of an infatuated mob; we see the dismal glare of their burnings, and scent the loathsome steam of human victims offered in sacrifice. Id. at 59 (quoting Fisher Ames, The Dangers of American Liberty (written in early 1805), in 1 WORKS, supra note 40, at 131-32)).
101. The best description of Ames's state of mind is given by fellow New Englander HENRY ADAMS in his HISTORY OF THE UNITED STATES OF AMERICA DURING THE ADMINISTRATIONS OF THOMAS JEFFERSON (Library of America 1986) (1891). Fear of France became a monomania with the New England leaders, and took exclusive hold of Fisher Ames, their most brilliant writer and talker, until it degenerated into a morbid illusion. During the last few months of his life, even so late as 1808, this dying man could scarcely speak of his children without expressing his fears of their future servitude to the French. He believed his alarms to be shared by his friends. 'Our days,' he wrote, 'are made heavy with the pressure of anxiety, and our nights restless with visions of horror. We listen to the clank of chains, and overhear the whispers of assassins. We mark the barbarous dissonance of mingled rage and triumph in the yell of an infatuated mob; we see the dismal glare of their burnings, and scent the loathsome steam of human victims offered in sacrifice. Id. at 59 (quoting Fisher Ames, The Dangers of
102. The best description of Ames's state of mind is given by fellow New Englander HENRY ADAMS in his HISTORY OF THE UNITED STATES OF AMERICA DURING THE ADMINISTRATIONS OF THOMAS JEFFERSON (Library of America 1986) (1891). Fear of France became a monomania with the New England leaders, and took exclusive hold of Fisher Ames, their most brilliant writer and talker, until it degenerated into a morbid illusion. During the last few months of his life, even so late as 1808, this dying man could scarcely speak of his children without expressing his fears of their future servitude to the French. He believed his alarms to be shared by his friends. 'Our days,' he wrote, 'are made heavy with the pressure of anxiety, and our nights restless with visions of horror. We listen to the clank of chains, and overhear the whispers of assassins. We mark the barbarous dissonance of mingled rage and triumph in the yell of an infatuated mob; we see the dismal glare of their burnings, and scent the loathsome steam of human victims offered in sacrifice. Id. at 59 (quoting Fisher Ames, The Dangers of American Liberty (written in early 1805), in 1 WORKS, supra note 40, at 131-32)).
103. Fisher Ames, Speech Against Madison's Proposal to Discriminate Against British Commerce (Jan. 27, 1794), in 2 WORKS, supra note 40, at 989-1023.
104. See Fisher Ames, Speech on the Jay Treaty (Apr. 28, 1796), in 2 WORKS, supra note 40, at 1142-82. Ames was already suffering from the ill health that forced him to retire from public life. The speech itself was viewed as the most perfect piece of oratory delivered in the Anglo-American legislative tradition; it was memorized by several generations of New England boys, including the young William Lloyd Garrison. See W. B. Allen, supra note 19, at xxx-xxxi.
105. See Fisher Ames, Speech on the Jay Treaty (Apr. 28, 1796), in 2 WORKS, supra note 40, at 1142-82. Ames was already suffering from the ill health that forced him to retire from public life. The speech itself was viewed as the most perfect piece of oratory delivered in the Anglo-American legislative tradition; it was memorized by several generations of New England boys, including the young William Lloyd Garrison. See W. B. Allen, supra note 19, at xxx-xxxi.
106. Ames described his hopes for The Palladium in the following terms: "Wit and satire should flash like the electrical fire; but The Palladium should be fastidiously polite and well-bred. It should whip Jacobins as a gentleman would a chimney-sweeper, at arm's length, and keeping aloof from his soot." Letter from Fisher Ames to Jeremiah Smith (Dec. 14, 1802), in 2 WORKS, supra note 40, at 1451-52.
107. Although the term was apparently coined by John Hancock, Ames himself occasionally referred to his ultra-Federalist political allies as the "Essex Junto." Letter from Fisher Ames to Jeremiah Smith (Feb. 16, 1801) in 2 WORKS, supra note 40, at 1408. Essex was the Massachusetts county where the conservatives were centered. Henry Adams described the Essex Junto as being comprised of Fisher Ames, George Cabot, Timothy Pickering, and Theophilus Parsons. As Adams stated, According to Ames, not more than five hundred men fully shared their opinions; but Massachusetts society was so organized as to make their influence great, and experience foretold that as the liberal Federalists should one by one wander to the Democratic camp where they belonged, the conservatism of those who remained would become more bitter and more absolute as the Essex Junto represented a larger and larger proportion of their numbers. ADAMS, supra note 49, at 62-63.
108. Although the term was apparently coined by John Hancock, Ames himself occasionally referred to his ultra-Federalist political allies as the "Essex Junto." Letter from Fisher Ames to Jeremiah Smith (Feb. 16, 1801) in 2 WORKS, supra note 40, at 1408. Essex was the Massachusetts county where the conservatives were centered. Henry Adams described the Essex Junto as being comprised of Fisher Ames, George Cabot, Timothy Pickering, and Theophilus Parsons. As Adams stated, According to Ames, not more than five hundred men fully shared their opinions; but Massachusetts society was so organized as to make their influence great, and experience foretold that as the liberal Federalists should one by one wander to the Democratic camp where they belonged, the conservatism of those who remained would become more bitter and more absolute as the Essex Junto represented a larger and larger proportion of their numbers. ADAMS, supra note 49, at 62-63.
109. Pickering has not fared well in the judgment either of history or contemporaries. For the former, see, for example., ELKINS & McKITRICK, supra note 27, at 626. For the latter, perhaps the verdict of President John Adams will suffice: "Mr. Pickering would have made a good collector of the customs; but he was not so well qualified for a Secretary of State." It is impossible, however, not to include the comment of Adams's friend, Benjamin Waterhouse, who described Pickering as a man "who like spoilt wine, grows every day more sour, & is in a fair way of becoming first rate vinegar," quoted in KERBER, supra note 27, at 64 & n.102.
110. Pickering has not fared well in the judgment either of history or contemporaries. For the former, see, for example., ELKINS & McKITRICK, supra note 27, at 626. For the latter, perhaps the verdict of President John Adams will suffice: "Mr. Pickering would have made a good collector of the customs; but he was not so well qualified for a Secretary of State." It is impossible, however, not to include the comment of Adams's friend, Benjamin Waterhouse, who described Pickering as a man "who like spoilt wine, grows every day more sour, & is in a fair way of becoming first rate vinegar," quoted in KERBER, supra note 27, at 64 & n.102.
111. See, e.g., Fisher Ames, Republican II, first published in THE BOSTON GAZETTE, July 18, 1804, reprinted in 1 WORKS, supra note 40, at 89-91. The Constitution, alas! that sleeps with Washington, having no mourners but the virtuous, and no monument but history. Louisiana, in open and avowed defiance of the Constitution, is by treaty to be added to the union; the bread of the children of the union is to be taken and given to the dogs. Id. at 91.
112. See, e.g., Fisher Ames, Republican II, first published in THE BOSTON GAZETTE, July 18, 1804, reprinted in 1 WORKS, supra note 40, at 89-91. The Constitution, alas! that sleeps with Washington, having no mourners but the virtuous, and no monument but history. Louisiana, in open and avowed defiance of the Constitution, is by treaty to be added to the union; the bread of the children of the union is to be taken and given to the dogs. Id. at 91.
113. See, e.g., Fisher Ames, Republican II, first published in THE BOSTON GAZETTE, July 18, 1804, reprinted in 1 WORKS, supra note 40, at 89-91. The Constitution, alas! that sleeps with Washington, having no mourners but the virtuous, and no monument but history. Louisiana, in open and avowed defiance of the Constitution, is by treaty to be added to the union; the bread of the children of the union is to be taken and given to the dogs. Id. at 91.
114. See Fisher Ames, Republican XIII, first published in THE BOSTON GAZETTE, Sept. 27, 1804, reprinted in 1 WORKS, supra note 40, at 231-32 Extreme indeed must those public evils be which could justify resort to the tremendous evil of a separation. Vain [. . .] those hopes which many repose on the superior good order of a northern confederacy over the turbulent Parisian license of Southern jacobinism. They forget that by erecting a northern republic, the seeds of intestine commotion, sown thick in human nature, and sprouting up to rankness in all the existing institutions of our country, would bear a plentiful crop of revolutions and civil wars. We should take jacobinism home into our bosoms. Id.
115. See Fisher Ames, Republican XIII, first published in THE BOSTON GAZETTE, Sept. 27, 1804, reprinted in 1 WORKS, supra note 40, at 231-32 Extreme indeed must those public evils be which could justify resort to the tremendous evil of a separation. Vain [. . .] those hopes which many repose on the superior good order of a northern confederacy over the turbulent Parisian license of Southern jacobinism. They forget that by erecting a northern republic, the seeds of intestine commotion, sown thick in human nature, and sprouting up to rankness in all the existing institutions of our country, would bear a plentiful crop of revolutions and civil wars. We should take jacobinism home into our bosoms. Id.
116. See Fisher Ames, Republican XIII, first published in THE BOSTON GAZETTE, Sept. 27, 1804, reprinted in 1 WORKS, supra note 40, at 231-32 Extreme indeed must those public evils be which could justify resort to the tremendous evil of a separation. Vain [. . .] those hopes which many repose on the superior good order of a northern confederacy over the turbulent Parisian license of Southern jacobinism. They forget that by erecting a northern republic, the seeds of intestine commotion, sown thick in human nature, and sprouting up to rankness in all the existing institutions of our country, would bear a plentiful crop of revolutions and civil wars. We should take jacobinism home into our bosoms. Id.
117. Letter from Fisher Ames to Christopher Gore (Dec. 13, 1802) in 2 WORKS, supra note 40, at 1445.
118. Fisher Ames, Dangers of American Liberty (written in early 1805), in 1 WORKS, supra note 40, at 133.
119. See 1 ANNALS, supra note 1, at 451.
120. Ames, supra note 45, at 551-57. In this speech, Ames argued that [t]he attention of the people is excited from one end of the state to the other, and they will watch and control the conduct of their members in Congress. Such amendments as afford better security to liberty will be supported by the people . . . Either the amendments will be agreed to by the Union or they will not. If it is admitted that they will be agreed to, there is an end of the objection . . . and we ought to be unanimous for the Constitution. If it is said that they will not be agreed to, then it must be because they are not approved by the United States, or at least nine of them. . . .The argument that the amendments will not prevail, is not only without force, but directly against those who use it, unless they admit that we have no need of a government, or assert that, by ripping up the foundations of the compact, upon which we now stand, and setting the whole Constitution afloat, and introducing an infinity of new subjects of controversy, we pursue the best method to secure the entire unanimity of thirteen states. Id. at 555-56.
121. Letter from Fisher Ames to George Richards Minot (July 23, 1789), in 1 WORKS, supra note 40, at 695.
122. Ames was not alone in thinking that the House had more important fish to fry than Madison's amendments. Among the matters before the House at the time Madison introduced his proposed amendments were the first federal judiciary bill, whether presidents could discharge members of the executive once confirmed by the Senate, where to locate the national capital, and sources of revenue for the new government. Madison's proposal was so low on the list of congressional priorities that he was forced to cajole his colleagues into hearing the suggested amendments - to "beg the House to indulge him." 1 ANNALS, supra note 1, at 257, 448-59. Generously, one representative agreed to postpone discussion of his own bill for establishing a land office, but added with respect to the land office bill that "in point of importance, every candid mind would acknowledge its preference[,]" quoted in Smith, supra note 5, at 397.
123. Ames was not alone in thinking that the House had more important fish to fry than Madison's amendments. Among the matters before the House at the time Madison introduced his proposed amendments were the first federal judiciary bill, whether presidents could discharge members of the executive once confirmed by the Senate, where to locate the national capital, and sources of revenue for the new government. Madison's proposal was so low on the list of congressional priorities that he was forced to cajole his colleagues into hearing the suggested amendments - to "beg the House to indulge him." 1 ANNALS, supra note 1, at 257, 448-59. Generously, one representative agreed to postpone discussion of his own bill for establishing a land office, but added with respect to the land office bill that "in point of importance, every candid mind would acknowledge its preference[,]" quoted in Smith, supra note 5, at 397.
124. Many of Ames's letters to Minot were intended for reading at the Wednesday Evening Club, a select group of about twelve well-placed Federalists, drawn equally from the clergy, the medical profession and the bar. Accordingly, the letters may be counted among Ames's public policy statements, although they were intended for a very sympathetic and narrow audience. The Wednesday Evening Club was founded in 1777 with the purpose of "a large amount of social pleasure . . . [and] that intellectual improvement which comes from intercourse with intelligent and cultivated minds." THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB 3 (1878) (on file with the Massachusetts Historical Society). Minot joined in 1777; Ames became a member in 1786 at the time he published the Brutus and Camillus letters. See infra notes 41-42 and accompanying text. After the Revolution, Boston had more than a dozen literary, scientific, and social organizations formed by men of influence and prestige. In almost every case, the prime movers in these organizations were the liberal clergy, supported by members of their congregations. See CONRAD WRIGHT, THE BEGINNINGS OF UNITARIANISM IN AMERICA 260-65 (1955). The Wednesday Evening Club was one of these groups; its "membership list through the decades is a roll of the social elite of Boston." Id. at 261-62. See also THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB, supra, at 141-45 (containing, inter alia, club membership lists). By Wright's tally, at the end of the eighteenth century, every member of the Wednesday Evening Club but one belonged to one of Boston's liberal churches and, needless to say, every member was a High Federalist. See WRIGHT, supra, at 261. For example, George Richards Minot - the recipient of Ames's political dispatches - was associated with King's Chapel, where the openly Unitarian James Freeman (also a Wednesday Evening Club member until his death in 1804) was minister. Other members included John T. Kirkland, the liberal minister of New South who would assume the presidency of Harvard in 1810, and lawyer Josiah Quincy, one of his parishioners, who would become president of Harvard in 1829. Club member John Eliot was the liberal minister of New North; Judges Thomas Dawes and John Davis both rejoiced under the Federal Street ministry of the famous liberal William Ellery Channing who settled there in 1803. See id. at 261 & n.9. If a man can be known by the company he keeps, Ames kept theologically liberal company indeed.
125. Many of Ames's letters to Minot were intended for reading at the Wednesday Evening Club, a select group of about twelve well-placed Federalists, drawn equally from the clergy, the medical profession and the bar. Accordingly, the letters may be counted among Ames's public policy statements, although they were intended for a very sympathetic and narrow audience. The Wednesday Evening Club was founded in 1777 with the purpose of "a large amount of social pleasure . . . [and] that intellectual improvement which comes from intercourse with intelligent and cultivated minds." THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB 3 (1878) (on file with the Massachusetts Historical Society). Minot joined in 1777; Ames became a member in 1786 at the time he published the Brutus and Camillus letters. See infra notes 41-42 and accompanying text. After the Revolution, Boston had more than a dozen literary, scientific, and social organizations formed by men of influence and prestige. In almost every case, the prime movers in these organizations were the liberal clergy, supported by members of their congregations. See CONRAD WRIGHT, THE BEGINNINGS OF UNITARIANISM IN AMERICA 260-65 (1955). The Wednesday Evening Club was one of these groups; its "membership list through the decades is a roll of the social elite of Boston." Id. at 261-62. See also THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB, supra, at 141-45 (containing, inter alia, club membership lists). By Wright's tally, at the end of the eighteenth century, every member of the Wednesday Evening Club but one belonged to one of Boston's liberal churches and, needless to say, every member was a High Federalist. See WRIGHT, supra, at 261. For example, George Richards Minot - the recipient of Ames's political dispatches - was associated with King's Chapel, where the openly Unitarian James Freeman (also a Wednesday Evening Club member until his death in 1804) was minister. Other members included John T. Kirkland, the liberal minister of New South who would assume the presidency of Harvard in 1810, and lawyer Josiah Quincy, one of his parishioners, who would become president of Harvard in 1829. Club member John Eliot was the liberal minister of New North; Judges Thomas Dawes and John Davis both rejoiced under the Federal Street ministry of the famous liberal William Ellery Channing who settled there in 1803. See id. at 261 & n.9. If a man can be known by the company he keeps, Ames kept theologically liberal company indeed.
126. Many of Ames's letters to Minot were intended for reading at the Wednesday Evening Club, a select group of about twelve well-placed Federalists, drawn equally from the clergy, the medical profession and the bar. Accordingly, the letters may be counted among Ames's public policy statements, although they were intended for a very sympathetic and narrow audience. The Wednesday Evening Club was founded in 1777 with the purpose of "a large amount of social pleasure . . . [and] that intellectual improvement which comes from intercourse with intelligent and cultivated minds." THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB 3 (1878) (on file with the Massachusetts Historical Society). Minot joined in 1777; Ames became a member in 1786 at the time he published the Brutus and Camillus letters. See infra notes 41-42 and accompanying text. After the Revolution, Boston had more than a dozen literary, scientific, and social organizations formed by men of influence and prestige. In almost every case, the prime movers in these organizations were the liberal clergy, supported by members of their congregations. See CONRAD WRIGHT, THE BEGINNINGS OF UNITARIANISM IN AMERICA 260-65 (1955). The Wednesday Evening Club was one of these groups; its "membership list through the decades is a roll of the social elite of Boston." Id. at 261-62. See also THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB, supra, at 141-45 (containing, inter alia, club membership lists). By Wright's tally, at the end of the eighteenth century, every member of the Wednesday Evening Club but one belonged to one of Boston's liberal churches and, needless to say, every member was a High Federalist. See WRIGHT, supra, at 261. For example, George Richards Minot - the recipient of Ames's political dispatches - was associated with King's Chapel, where the openly Unitarian James Freeman (also a Wednesday Evening Club member until his death in 1804) was minister. Other members included John T. Kirkland, the liberal minister of New South who would assume the presidency of Harvard in 1810, and lawyer Josiah Quincy, one of his parishioners, who would become president of Harvard in 1829. Club member John Eliot was the liberal minister of New North; Judges Thomas Dawes and John Davis both rejoiced under the Federal Street ministry of the famous liberal William Ellery Channing who settled there in 1803. See id. at 261 & n.9. If a man can be known by the company he keeps, Ames kept theologically liberal company indeed.
127. Many of Ames's letters to Minot were intended for reading at the Wednesday Evening Club, a select group of about twelve well-placed Federalists, drawn equally from the clergy, the medical profession and the bar. Accordingly, the letters may be counted among Ames's public policy statements, although they were intended for a very sympathetic and narrow audience. The Wednesday Evening Club was founded in 1777 with the purpose of "a large amount of social pleasure . . . [and] that intellectual improvement which comes from intercourse with intelligent and cultivated minds." THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB 3 (1878) (on file with the Massachusetts Historical Society). Minot joined in 1777; Ames became a member in 1786 at the time he published the Brutus and Camillus letters. See infra notes 41-42 and accompanying text. After the Revolution, Boston had more than a dozen literary, scientific, and social organizations formed by men of influence and prestige. In almost every case, the prime movers in these organizations were the liberal clergy, supported by members of their congregations. See CONRAD WRIGHT, THE BEGINNINGS OF UNITARIANISM IN AMERICA 260-65 (1955). The Wednesday Evening Club was one of these groups; its "membership list through the decades is a roll of the social elite of Boston." Id. at 261-62. See also THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB, supra, at 141-45 (containing, inter alia, club membership lists). By Wright's tally, at the end of the eighteenth century, every member of the Wednesday Evening Club but one belonged to one of Boston's liberal churches and, needless to say, every member was a High Federalist. See WRIGHT, supra, at 261. For example, George Richards Minot - the recipient of Ames's political dispatches - was associated with King's Chapel, where the openly Unitarian James Freeman (also a Wednesday Evening Club member until his death in 1804) was minister. Other members included John T. Kirkland, the liberal minister of New South who would assume the presidency of Harvard in 1810, and lawyer Josiah Quincy, one of his parishioners, who would become president of Harvard in 1829. Club member John Eliot was the liberal minister of New North; Judges Thomas Dawes and John Davis both rejoiced under the Federal Street ministry of the famous liberal William Ellery Channing who settled there in 1803. See id. at 261 & n.9. If a man can be known by the company he keeps, Ames kept theologically liberal company indeed.
128. Many of Ames's letters to Minot were intended for reading at the Wednesday Evening Club, a select group of about twelve well-placed Federalists, drawn equally from the clergy, the medical profession and the bar. Accordingly, the letters may be counted among Ames's public policy statements, although they were intended for a very sympathetic and narrow audience. The Wednesday Evening Club was founded in 1777 with the purpose of "a large amount of social pleasure . . . [and] that intellectual improvement which comes from intercourse with intelligent and cultivated minds." THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB 3 (1878) (on file with the Massachusetts Historical Society). Minot joined in 1777; Ames became a member in 1786 at the time he published the Brutus and Camillus letters. See infra notes 41-42 and accompanying text. After the Revolution, Boston had more than a dozen literary, scientific, and social organizations formed by men of influence and prestige. In almost every case, the prime movers in these organizations were the liberal clergy, supported by members of their congregations. See CONRAD WRIGHT, THE BEGINNINGS OF UNITARIANISM IN AMERICA 260-65 (1955). The Wednesday Evening Club was one of these groups; its "membership list through the decades is a roll of the social elite of Boston." Id. at 261-62. See also THE CENTENNIAL CELEBRATION OF THE WEDNESDAY EVENING CLUB, supra, at 141-45 (containing, inter alia, club membership lists). By Wright's tally, at the end of the eighteenth century, every member of the Wednesday Evening Club but one belonged to one of Boston's liberal churches and, needless to say, every member was a High Federalist. See WRIGHT, supra, at 261. For example, George Richards Minot - the recipient of Ames's political dispatches - was associated with King's Chapel, where the openly Unitarian James Freeman (also a Wednesday Evening Club member until his death in 1804) was minister. Other members included John T. Kirkland, the liberal minister of New South who would assume the presidency of Harvard in 1810, and lawyer Josiah Quincy, one of his parishioners, who would become president of Harvard in 1829. Club member John Eliot was the liberal minister of New North; Judges Thomas Dawes and John Davis both rejoiced under the Federal Street ministry of the famous liberal William Ellery Channing who settled there in 1803. See id. at 261 & n.9. If a man can be known by the company he keeps, Ames kept theologically liberal company indeed.
129. Letter from Fisher Ames to George Richards Minot (May 18, 1789), in 1 WORKS, supra note 40, at 628.
130. Letter from Fisher Ames to George Richards Minot (May 29, 1789), in 1 WORKS, supra note 40, at 636. That you may be less liable to misunderstand my idea of him in future, take this explication of it. He is probably deficient in that fervor and vigor of character which you will expect in a great man. He is not likely to risk bold measures, like Charles Fox, nor even to persevere in any measures against a firm opposition, like the first Pitt. He derives from nature an excellent understanding, but I think he excels in the quality of judgment. . . . As a reasoner, he is remarkably perspicuous and methodical. He is a studious man, devoted to public business, and a thorough master of almost every public question that can arise, or he will spare no pains to become so. . . . Upon the whole, he is an useful, respectable, worthy man, in a degree so eminent, that his character will not sink. . . . Let me add, without meaning to detract, that he is too much attached to his theories, for a politician. He is well versed in public life, was bred to it, and has no other profession. Yet, may I say it, it is rather a science, than a business, with him. He adopts his maxims as he finds them in books, and with too little regard to the actual state of things. . . . I say again, that he is afraid, even to timidity, of his state . . . . Id. at 637-38.
131. Letter from Fisher Ames to George Richards Minot (May 29, 1789), in 1 WORKS, supra note 40, at 636. That you may be less liable to misunderstand my idea of him in future, take this explication of it. He is probably deficient in that fervor and vigor of character which you will expect in a great man. He is not likely to risk bold measures, like Charles Fox, nor even to persevere in any measures against a firm opposition, like the first Pitt. He derives from nature an excellent understanding, but I think he excels in the quality of judgment. . . . As a reasoner, he is remarkably perspicuous and methodical. He is a studious man, devoted to public business, and a thorough master of almost every public question that can arise, or he will spare no pains to become so. . . . Upon the whole, he is an useful, respectable, worthy man, in a degree so eminent, that his character will not sink. . . . Let me add, without meaning to detract, that he is too much attached to his theories, for a politician. He is well versed in public life, was bred to it, and has no other profession. Yet, may I say it, it is rather a science, than a business, with him. He adopts his maxims as he finds them in books, and with too little regard to the actual state of things. . . . I say again, that he is afraid, even to timidity, of his state . . . . Id. at 637-38.
132. Id. at 637. Cf. BANNING, supra note 29, at 18-19 (noting Madison's early Francophile leanings).
133. Id. at 637. Cf. BANNING, supra note 29, at 18-19 (noting Madison's early Francophile leanings).
134. The House originally set aside Madison's amendments for later consideration by a Committee of the Whole. After waiting six weeks, on July 21, Madison finally moved to bring the amendments up for discussion; it was not until then that the House voted to refer Madison's proposal, along with the proposals from the state ratifying conventions, to a select committee. See 1 ANNALS, supra note 1, at 690-91.
135. Letter from Fisher Ames to George Richards Minot (May 29, 1789), in 1 WORKS, supra note 40, at 638.
136. Letter from Fisher Ames to George Richards Minot (July 2, 1789), in 1 WORKS, supra note 40, at 680.
137. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
138. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
139. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
140. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
141. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
142. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
143. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
144. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
145. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
146. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 686-87. See also Letter from Fisher Ames to William Tudor (March 8, 1790), in 1 WORKS, supra note 40, at 729 (Madison is "so afraid that the mob will cry out, crucify him; sees Patrick Henry's shade at his bedside every night"). Cf. Letter from Fisher Ames to George Richards Minot (Nov. 1791), in 2 WORKS, supra note 40, at 880 ("Patrick Henry, and some others of eminent talents, and influence, have continued antis, and have assiduously nursed the embryos of faction, which the adoption of the Constitution did not destroy. It soon gave popularity to the antis with a grumbling multitude."). At the time of ratification, Madison was well-known to be hostile to the prospect of constitutional alteration. Although he sat on the committee that drafted the amendments recommended by the Virginia ratifying convention, Madison admitted that he viewed amendment as a necessary evil to obtain approval of the constitution. See, e.g., Letter from James Madison to George Washington (June 27, 1788), in 11 THE PAPERS OF JAMES MADISON 182 (Robert A. Rutland & Charles F. Hobson eds., 1977) [hereinafter "MADISON PAPERS"]; Letter from James Madison to Thomas Jefferson (Oct. 17, 1788), in 5 THE WRITINGS OF JAMES MADISON 271 (Gaillard Hunt ed., 1901). Subsequently, Henry maneuvered Madison into a difficult House election contest against the young James Monroe in a district dominated by Henry and Monroe supporters. Monroe supported amending the constitution and Madison appeared likely to lose the contest until, pressed by his advisors, see Letter from George Nicholas to James Madison, (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 406, Madison announced himself in favor of amendments in a letter - published in the course of the campaign - to Baptist minister George Eve. See Letter from James Madison to Rev. George Eve (Jan. 2, 1789), in 11 MADISON PAPERS, supra, at 404-05. It should be added that the dislike between Madison and Ames became mutual. Madison gossiped that Ames owed his success in the 1794 House election to the votes of Negroes and British sailors "smuggled in under a very lax mode of conducting the election" 6 THE WRITINGS OF JAMES MADISON, supra, at 229, quoted in Douglass, supra note 18, at 709. See generally BANNING, supra note 26 (tracing Madison's early Virginia centrism).
147. Letter from Fisher Ames to Thomas Dwight (June 11, 1789), in 1 WORKS, supra note 40, at 642.
148. Letter from Fisher Ames to George Richards Minot (June 2, 1789), in 1 WORKS, supra note 40, at 643. Cf. BRADLEY, supra note 11, at 86, 88 (citing equally negative descriptions in other contemporaneous sources).
149. Letter from Fisher Ames to George Richards Minot (June 2, 1789), in 1 WORKS, supra note 40, at 643. Cf. BRADLEY, supra note 11, at 86, 88 (citing equally negative descriptions in other contemporaneous sources).
150. Letter from Fisher Ames to George Richards Minot (June 23, 1789), in 1 Works, supra note 40, at 677.
151. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 683. He blamed the slow pace on the Virginians, saying: "There is certainly a bad method of doing business [in the House]. Too little use is made of special committees. Virginia is stiff and touchy against any change of the committee of the whole." Id. at 685. See also Letter from Fisher Ames to William Tudor (July 12, 1789), in 1 WORKS, supra note 40, at 689. ("Our progress has been slow. . . . We have certainly proceeded more tardily than I expected, or will affect to approve." Ames studied law in Tudor's offices. See Allen, supra note 19, at xx.
152. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 683. He blamed the slow pace on the Virginians, saying: "There is certainly a bad method of doing business [in the House]. Too little use is made of special committees. Virginia is stiff and touchy against any change of the committee of the whole." Id. at 685. See also Letter from Fisher Ames to William Tudor (July 12, 1789), in 1 WORKS, supra note 40, at 689. ("Our progress has been slow. . . . We have certainly proceeded more tardily than I expected, or will affect to approve." Ames studied law in Tudor's offices. See Allen, supra note 19, at xx.
153. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 683. He blamed the slow pace on the Virginians, saying: "There is certainly a bad method of doing business [in the House]. Too little use is made of special committees. Virginia is stiff and touchy against any change of the committee of the whole." Id. at 685. See also Letter from Fisher Ames to William Tudor (July 12, 1789), in 1 WORKS, supra note 40, at 689. ("Our progress has been slow. . . . We have certainly proceeded more tardily than I expected, or will affect to approve." Ames studied law in Tudor's offices. See Allen, supra note 19, at xx.
154. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 683. He blamed the slow pace on the Virginians, saying: "There is certainly a bad method of doing business [in the House]. Too little use is made of special committees. Virginia is stiff and touchy against any change of the committee of the whole." Id. at 685. See also Letter from Fisher Ames to William Tudor (July 12, 1789), in 1 WORKS, supra note 40, at 689. ("Our progress has been slow. . . . We have certainly proceeded more tardily than I expected, or will affect to approve." Ames studied law in Tudor's offices. See Allen, supra note 19, at xx.
155. 1 ANNALS, supra note 1, at 688-89.
156. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 685. Ames's belief in the obstructiveness of the southern contingent found confirmation in 1791, when he and Madison and opposed one another over the creation of a national bank. Ames attributed the dispute - and the general bitterness of congressional debate - to differences between north and south: To the northward, we see how necessary it is to defend property by steady laws. . . . At the southward, a few gentlemen govern; the law is their coat of mail; it keeps off the weapons of the foreigners, their creditors, and at the same time it governs the multitude, secures negroes, &c., which is of double use to them. . . . Most of the measures of Congress have been opposed by the southern members. I speak not merely of their members, but their gentlemen, &c., at home. . . . The states of Virginia, North Carolina, and Georgia are large territories. Being strong, and expecting by increase to be stronger, the government of Congress over them seems mortifying to their state pride. The pride of the strong is not soothed by yielding to a stronger. . . . [T]he strength as well as hopes of the Union reside with the middle and eastern states. . . . I will not tire you with more speculation; but I will confess my belief that if, now, a vote was to be taken, 'Shall the Constitution be adopted,' and the people of Virginia, and the other more southern states, (the city of Charleston, excepted,) should answer instantly, according to their present feelings and opinions, it would be in the negative. Letter from Fisher Ames to George Richards Minot (Nov. 30, 1791), 2 WORKS, supra note 40, at 879-82.
157. Letter from Fisher Ames to George Richards Minot (July 8, 1789), in 1 WORKS, supra note 40, at 685. Ames's belief in the obstructiveness of the southern contingent found confirmation in 1791, when he and Madison and opposed one another over the creation of a national bank. Ames attributed the dispute - and the general bitterness of congressional debate - to differences between north and south: To the northward, we see how necessary it is to defend property by steady laws. . . . At the southward, a few gentlemen govern; the law is their coat of mail; it keeps off the weapons of the foreigners, their creditors, and at the same time it governs the multitude, secures negroes, &c., which is of double use to them. . . . Most of the measures of Congress have been opposed by the southern members. I speak not merely of their members, but their gentlemen, &c., at home. . . . The states of Virginia, North Carolina, and Georgia are large territories. Being strong, and expecting by increase to be stronger, the government of Congress over them seems mortifying to their state pride. The pride of the strong is not soothed by yielding to a stronger. . . . [T]he strength as well as hopes of the Union reside with the middle and eastern states. . . . I will not tire you with more speculation; but I will confess my belief that if, now, a vote was to be taken, 'Shall the Constitution be adopted,' and the people of Virginia, and the other more southern states, (the city of Charleston, excepted,) should answer instantly, according to their present feelings and opinions, it would be in the negative. Letter from Fisher Ames to George Richards Minot (Nov. 30, 1791), 2 WORKS, supra note 40, at 879-82.
158. Letter from Fisher Ames to George Richards Minot (July 23, 1789), in 1 WORKS, supra note 40, at 694. Ames's view regarding the necessity of amendments was consistent with his stance in the Massachusetts ratifying convention. See supra note 43 and accompanying text. Modern commentators have made much of Ames's use of the word "trash" to describe Madison's proposed amendments. See, e.g., BRADLEY, supra note 11, at 88.
159. Letter from Fisher Ames to George Richards Minot (July 23, 1789), in 1 WORKS, supra note 40, at 694. Ames's view regarding the necessity of amendments was consistent with his stance in the Massachusetts ratifying convention. See supra note 43 and accompanying text. Modern commentators have made much of Ames's use of the word "trash" to describe Madison's proposed amendments. See, e.g., BRADLEY, supra note 11, at 88.
160. Letter from Fisher Ames to George Richards Minot (Aug. 12, 1789), in 1 WORKS, supra note 40, at 696-97. ("We are beginning the amendments in a committee of the whole. We have voted to take up the subject, in preference to the judiciary, to incorporate them into the Constitution, and not to require, in committee, two thirds to a vote. This cost us the day. To-morrow we proceed.") The creation of a federal judiciary was an essential element of the nationalist agenda since a federal forum to enforce federal law and to hear cases in diversity would limit state power and strengthen the central government. See, e.g., JEAN EDWARD SMITH, JOHN MARSHALL: DEFINER OF A NATION 301-308 (1996).
161. Letter from Fisher Ames to George Richards Minot (Aug. 12, 1789), in 1 WORKS, supra note 40, at 696-97. ("We are beginning the amendments in a committee of the whole. We have voted to take up the subject, in preference to the judiciary, to incorporate them into the Constitution, and not to require, in committee, two thirds to a vote. This cost us the day. To-morrow we proceed.") The creation of a federal judiciary was an essential element of the nationalist agenda since a federal forum to enforce federal law and to hear cases in diversity would limit state power and strengthen the central government. See, e.g., JEAN EDWARD SMITH, JOHN MARSHALL: DEFINER OF A NATION 301-308 (1996).
162. Letter from Fisher Ames to George Richards Minot (August 12, 1789), in 1 WORKS, supra note 40, at 697. The full context is instructive: "Some general, before engaging, said to his soldiers, 'Think of your ancestors, and think of your posterity.' . . . If I am to be guided by your advice, to marry and live in Boston, it behooves me to interest myself in the affair." Id.
163. Letter from Fisher Ames to George Richards Minot (August 12, 1789), in 1 WORKS, supra note 40, at 697. The full context is instructive: "Some general, before engaging, said to his soldiers, 'Think of your ancestors, and think of your posterity.' . . . If I am to be guided by your advice, to marry and live in Boston, it behooves me to interest myself in the affair." Id.
164. Id.
165. Id. at 697.
166. Id.
167. See infra note 79.
168. See infra note 77 and accompanying text.
169. See 1 ANNALS, supra note 1, at 451-52. The fourth of Madison's proffered amendments promised that "[t]he civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed." Id. at 451. The fourteenth proposed that "[n]o state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases." Id. at 452.
170. See 1 ANNALS, supra note 1, at 451-52. The fourth of Madison's proffered amendments promised that "[t]he civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed." Id. at 451. The fourteenth proposed that "[n]o state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases." Id. at 452.
171. See 1 ANNALS, supra note 1, at 451-52. The fourth of Madison's proffered amendments promised that "[t]he civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed." Id. at 451. The fourteenth proposed that "[n]o state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases." Id. at 452.
172. See, e.g., Marc M. Arkin, "The Intractable Principle": David Hume, James Madison, and the Tenth Federalist, 39 AM. J. LEGAL HIST. 148, 170-73 (1995) (summarizing the Virginia experience with disestablishment).
173. 1 ANNALS, supra note 1, at 757. The select committee was comprised of one member from each state, with Madison representing Virginia. See id. at 691. The committee's deliberations took one week, sandwiched between other congressional business; it left no record of its discussions. Under the circumstances, it is unsurprising that the amendments it reported to the House reflected little change from Madison's original proposal.
174. 1 ANNALS, supra note 1, at 757. The select committee was comprised of one member from each state, with Madison representing Virginia. See id. at 691. The committee's deliberations took one week, sandwiched between other congressional business; it left no record of its discussions. Under the circumstances, it is unsurprising that the amendments it reported to the House reflected little change from Madison's original proposal.
175. The debate, as reported in the ANNALS, takes up less than three pages. See id. at 757-59.
176. Id. at 757.
177. Id.
178. Id.
179. Id.
180. See id.
181. The term contribution was frequently used to describe compulsory taxes for the support of religion. See, e.g., M. LOUISE GEEENE, DEVELOPMENT OF RELIGIOUS LIBERTY IN CONNECTICUT 372 (1905).
182. 1 ANNALS, supra note 1, at 758.
183. Id.
184. Id. at 758.
185. Id. at 759.
186. See id.
187. Id.
188. Id. at 757.
189. Id. at 796.
190. For example, almost immediately after agreeing to a Bill of Rights, both houses of Congress, passed a resolution for a "day of publlic thanksgiving and prayer to be observed, . . . for the many signal favors of Almighty God." During the House debate, it was a representative from South Carolina who objected that "this . . . is a business with which Congress have nothing to do; it is a religious matter, and, as such, is proscribed to us." 1 ANNALS, supra note 1, at 914-15. Similarly, on September 22, 1789, the same Congress that passed the religion clauses passed a statute providing a salary for congressional chaplains. 1 Stat. 71 (1789). See also Marsh v. Chambers, 463 U.S. 783, 787-88 (1983) (discussing provision for legislative chaplains by the Congress that passed the Bill of Rights).
191. For example, almost immediately after agreeing to a Bill of Rights, both houses of Congress, passed a resolution for a "day of publlic thanksgiving and prayer to be observed, . . . for the many signal favors of Almighty God." During the House debate, it was a representative from South Carolina who objected that "this . . . is a business with which Congress have nothing to do; it is a religious matter, and, as such, is proscribed to us." 1 ANNALS, supra note 1, at 914-15. Similarly, on September 22, 1789, the same Congress that passed the religion clauses passed a statute providing a salary for congressional chaplains. 1 Stat. 71 (1789). See also Marsh v. Chambers, 463 U.S. 783, 787-88 (1983) (discussing provision for legislative chaplains by the Congress that passed the Bill of Rights).
192. For example, almost immediately after agreeing to a Bill of Rights, both houses of Congress, passed a resolution for a "day of publlic thanksgiving and prayer to be observed, . . . for the many signal favors of Almighty God." During the House debate, it was a representative from South Carolina who objected that "this . . . is a business with which Congress have nothing to do; it is a religious matter, and, as such, is proscribed to us." 1 ANNALS, supra note 1, at 914-15. Similarly, on September 22, 1789, the same Congress that passed the religion clauses passed a statute providing a salary for congressional chaplains. 1 Stat. 71 (1789). See also Marsh v. Chambers, 463 U.S. 783, 787-88 (1983) (discussing provision for legislative chaplains by the Congress that passed the Bill of Rights).
193. See infra note 23, and accompanying text.
194. Ordinarily, essays written in 1801 might be questionable evidence for views held twelve years earlier. However, the uncanny consistency of Ames's thought - and the extraordinary constancy with which he expressed those thoughts from the time of Shays's Rebellion until his death-support the inference in his case, as do his contemporaneous letters.
195. Fisher Ames, Phocion VII, first published in THE PALLADIUM May 26, 1801, reprinted in 1 WORKS, supra note 40, at 295.
196. Fisher Ames, Phocion VII, first published in THE PALLADIUM May 26, 1801, reprinted in 1 WORKS, supra note 40, at 295.
197. Id.
198. Id at 295-96.
199. Id. at 296.
200. Id.
201. See infra note 108 and accompanying text.
202. See Ames, supra note 108, at 296.
203. Id.
204. Id.
205. Id. Four years later, in 1805, Ames described the governing Jeffersonians as being "in avowed hostility to our religious institutions." Ames, supra note 58, at 133.
206. See infra notes 43-44 and accompanying text.
207. Fisher Ames, Eulogy of Washington, Delivered at the Request of the Legislature of Massachusetts (Feb. 8, 1800), in 1 WORKS, supra note 40, at 532.
208. Id. The consistency of Ames's views is well illustrated by the fact that twelve years earlier, in 1788, in a speech to the Massachusetts ratifying convention, he asserted in virtually identical words, the "liberty of one depends not so much on the removal of all restraint from him, as on the due restraint upon the liberty of others." Ames, supra note 45, at 544.
209. Id. The consistency of Ames's views is well illustrated by the fact that twelve years earlier, in 1788, in a speech to the Massachusetts ratifying convention, he asserted in virtually identical words, the "liberty of one depends not so much on the removal of all restraint from him, as on the due restraint upon the liberty of others." Ames, supra note 45, at 544.
210. Ames, supra note 49, at 134. In the same piece, Ames continued, Is the turbulence of our democracy to be restrained by preferring to the magistracy only the grave and upright, the men who profess the best moral and religious principles, and whose lives bear testimony in favor of their profession, whose virtues inspire confidence, whose services, gratitude, and whose talents command admiration?. . .But the bare moving of this question will be understood as a sarcasm by men of both parties. Id. This 1805 statement mirrors Ames's 1789 objection to a constitutional amendment giving states the right to instruct their representatives in which he argued that the House would be more responsible were it "composed of men of independent principles, integrity, and eminent abilities" rather than if it were bound by state instruction. 1 ANNALS, supra note 1, at 755-56.
211. Ames, supra note 49, at 134. In the same piece, Ames continued, Is the turbulence of our democracy to be restrained by preferring to the magistracy only the grave and upright, the men who profess the best moral and religious principles, and whose lives bear testimony in favor of their profession, whose virtues inspire confidence, whose services, gratitude, and whose talents command admiration?. . .But the bare moving of this question will be understood as a sarcasm by men of both parties. Id. This 1805 statement mirrors Ames's 1789 objection to a constitutional amendment giving states the right to instruct their representatives in which he argued that the House would be more responsible were it "composed of men of independent principles, integrity, and eminent abilities" rather than if it were bound by state instruction. 1 ANNALS, supra note 1, at 755-56.
212. Fisher Ames, Equality IV, first published in THE PALLADIUM, Dec. 4, 1801, reprinted in 1 WORKS, supra note 40, at 247.
213. Fisher Ames, Equality IV, first published in THE PALLADIUM, Dec. 4, 1801, reprinted in 1 WORKS, supra note 40, at 247.
214. Massachusetts did not formally end the requirement that residents pay taxes to support a local ministry until 1833. See, for example, the account of the disestablishment in Massachusetts in LEVY, supra note 1, at 26-38.
215. Ames, supra note 58, at 133.
216. Id.
217. Id.
218. See, e.g., Fisher Ames, Republican II, first printed in THE BOSTON GAZETTE (July 26, 1804), reprinted in 1 WORKS, supra note 40, at 90. (There may be "the most liberty there, where the turbulent passions are the least excited, and where the old habits and sober reasons of the people are left free to govern them.").
219. See, e.g., Fisher Ames, Republican II, first printed in THE BOSTON GAZETTE (July 26, 1804), reprinted in 1 WORKS, supra note 40, at 90. (There may be "the most liberty there, where the turbulent passions are the least excited, and where the old habits and sober reasons of the people are left free to govern them.").
220. Ames, supra note 58, at 179.
221. See infra note 108 and accompanying text.
222. For the reaction of upper class Boston to the Great Awakening of the 1740s, see, for example, WRIGHT, supra note 63, at 28-58. Opponents of the revival vigorously defended a settled and learned ministry, as well as the remainder of the New England church order. See, e.g., CHARLES CHAUNCY, SEASONABLE THOUGHTS ON THE STATE OF RELIGION IN NEW ENGLAND 226-27 (1743): Men of All Occupations, who are vain enough to think themselves fit to be Teachers of others; Men who, though they have no Learning, and but small Capacities, yet imagine they are able, and without Study too, to speak to the Spiritual Profit of such as are willing to hear them. . . . Id.
223. For the reaction of upper class Boston to the Great Awakening of the 1740s, see, for example, WRIGHT, supra note 63, at 28-58. Opponents of the revival vigorously defended a settled and learned ministry, as well as the remainder of the New England church order. See, e.g., CHARLES CHAUNCY, SEASONABLE THOUGHTS ON THE STATE OF RELIGION IN NEW ENGLAND 226-27 (1743): Men of All Occupations, who are vain enough to think themselves fit to be Teachers of others; Men who, though they have no Learning, and but small Capacities, yet imagine they are able, and without Study too, to speak to the Spiritual Profit of such as are willing to hear them. . . . Id.
224. For the reaction of upper class Boston to the Great Awakening of the 1740s, see, for example, WRIGHT, supra note 63, at 28-58. Opponents of the revival vigorously defended a settled and learned ministry, as well as the remainder of the New England church order. See, e.g., CHARLES CHAUNCY, SEASONABLE THOUGHTS ON THE STATE OF RELIGION IN NEW ENGLAND 226-27 (1743): Men of All Occupations, who are vain enough to think themselves fit to be Teachers of others; Men who, though they have no Learning, and but small Capacities, yet imagine they are able, and without Study too, to speak to the Spiritual Profit of such as are willing to hear them. . . . Id.
225. See, e.g., Fisher Ames, Laocoon I, first published in THE BOSTON GAZETTE (Apr. 17, 1799), reprinted in 1 WORKS, supra note 40, at 187. For a fuller discussion of the link between religious and political faction in eighteenth century thought, see generally Arkin, supra note 86.
226. See, e.g., Fisher Ames, Laocoon I, first published in THE BOSTON GAZETTE (Apr. 17, 1799), reprinted in 1 WORKS, supra note 40, at 187. For a fuller discussion of the link between religious and political faction in eighteenth century thought, see generally Arkin, supra note 86.
227. Ames, supra note 129, at 192. The essay began with the announcement: "Some labor has been recently bestowed on the proposition, that the sect of jacobins is not to be converted." Id. at 187. In keeping with the journalistic conventions of the day, Ames also characterized the Jeffersonians not only as "fanatics," but as "salamanders . . . toads . . . [that] suck no aliment from the earth but its poisons," and "serpents in winter" who "rest in their lurking- places . . . the better to concoct their venom." Id at 192.
228. See, e.g., PLATO, THE REPUBLIC, BOOKS VII AND IX, (H.D.P. Lee trans., 1955) (discussing the characteristics of the imperfect society); BERNARD BAILYN, THE IDEOLOGICAL ORIGINS OF THE AMERICAN REVOLUTION 55-60 (1967) (discussing the aggressive and expansive nature of the appetite for power as the central image in the ideology of the revolutionary generation).
229. See, e.g., PLATO, THE REPUBLIC, BOOKS VII AND IX, (H.D.P. Lee trans., 1955) (discussing the characteristics of the imperfect society); BERNARD BAILYN, THE IDEOLOGICAL ORIGINS OF THE AMERICAN REVOLUTION 55-60 (1967) (discussing the aggressive and expansive nature of the appetite for power as the central image in the ideology of the revolutionary generation).
230. See, e.g., DAVID HALL, THE FAITHFUL SHEPHERD: A HISTORY OF THE NEW ENGLAND MINISTRY IN THE SEVENTEENTH CENTURY 121-55 (1974).
231. See generally THOMAS HOOKER, A SURVEY OF THE SUMME OF CHURCH DISCIPLINE (1648) and THE SOULES PREPARATION (1632).
232. See generally THOMAS HOOKER, A SURVEY OF THE SUMME OF CHURCH DISCIPLINE (1648) and THE SOULES PREPARATION (1632).
233. See infra note 123 and accompanying text.
234. See infra note 108 and accompanying text.
235. See infra note 108 and accompanying text.
236. See infra note 108 and accompanying text.
237. As Ames once remarked, "It is ever a misfortune for a man to differ from the political or religious creed of his fellow countrymen." Letter from Fisher Ames to Timothy Pickering (Feb. 14, 1806), in Pickering-Ames Correspondence, Timothy Pickering Papers, (unpublished manuscript (on file with the Massachusetts Historical Society) [hereinafter Pickering Papers].
238. See infra note 67 and accompanying text.
239. According to Reverend William Montague, the Episcopal minister in Dedham, Ames was appalled by the spread of enthusiastic religion as it worked its way up the Connecticut River Valley into Massachusetts: "He once observed in conversation on the subjects of new lights and the visionary flights in societies of Christians called Hopkinsians, that if he lived in a place where they prevailed, in all their unwarrantable tyranny and fanatic consequences, he would run from it with his family almost as soon as he would run from the plague." William Montague, Memoir of Fisher Ames, in DIOCESAN REGISTER AND THE NEW ENGLAND THE CALENDAR FOR YEAR OF OUR LORD AND SAVIOUR 1812, at 242, Dedham Historical Society. Hopkinsians were followers of the New England theologian Samuel Hopkins (1721-1803), a pupil of Jonathan Edwards and founder of the stricter and more aggressive branch of the New Divinity, which was identified with moral and evangelistic enterprises at the time. Hopkins is most commonly remembered for his transformation of the Edwardsean doctrine of "disinterested benevolence" into a belief that true virtue consists in a willingness to be damned for the glory of God. See, e.g., AHLSTROM, supra note 35, at 407-09 (1972).
240. According to Reverend William Montague, the Episcopal minister in Dedham, Ames was appalled by the spread of enthusiastic religion as it worked its way up the Connecticut River Valley into Massachusetts: "He once observed in conversation on the subjects of new lights and the visionary flights in societies of Christians called Hopkinsians, that if he lived in a place where they prevailed, in all their unwarrantable tyranny and fanatic consequences, he would run from it with his family almost as soon as he would run from the plague." William Montague, Memoir of Fisher Ames, in DIOCESAN REGISTER AND THE NEW ENGLAND THE CALENDAR FOR YEAR OF OUR LORD AND SAVIOUR 1812, at 242, Dedham Historical Society. Hopkinsians were followers of the New England theologian Samuel Hopkins (1721-1803), a pupil of Jonathan Edwards and founder of the stricter and more aggressive branch of the New Divinity, which was identified with moral and evangelistic enterprises at the time. Hopkins is most commonly remembered for his transformation of the Edwardsean doctrine of "disinterested benevolence" into a belief that true virtue consists in a willingness to be damned for the glory of God. See, e.g., AHLSTROM, supra note 35, at 407-09 (1972).
241. From the Great Awakening of the 1740s until approximately 1805, the intellectual hallmark of theological liberalism was Arminianism, the belief that men are born with a capacity both for sin and righteousness and that they can respond to the impulse toward holiness as well as toward evil. Arminianism contrasted with the orthodox Calvinist doctrine of innate depravity, which stressed the inability of men to respond to the divine message without the unmerited intervention of God's grace. Liberals - and many Calvinists - also believed that reason could establish the fundamentals of "natural religion," but without the special revelation of God's will in Scripture, natural religion was incomplete. Finally, liberals tended to be uncomfortable with the doctrine of the Trinity, believing it to be unwarranted by Scripture. Nevertheless, open anti-Trinitarianism was not common until around the turn of the century. Only after Arminianism had fully taken root did the liberal clergy begin to toy with such anti-Trinitarian positions as Arianism (the belief that Jesus, although divine, was created by - and therefore not equal to - the Father) and Socinianism (the belief that Jesus was human). See, e.g., WRIGHT, supra note 63, at 3-5; AHLSTROM, supra note 35, at 388-402. See also JOSEPH HAROUTUNIAN, PIETY VERSUS MORALISM: THE PASSING OF THE NEW ENGLAND THEOLOGY (1932).
242. From the Great Awakening of the 1740s until approximately 1805, the intellectual hallmark of theological liberalism was Arminianism, the belief that men are born with a capacity both for sin and righteousness and that they can respond to the impulse toward holiness as well as toward evil. Arminianism contrasted with the orthodox Calvinist doctrine of innate depravity, which stressed the inability of men to respond to the divine message without the unmerited intervention of God's grace. Liberals - and many Calvinists - also believed that reason could establish the fundamentals of "natural religion," but without the special revelation of God's will in Scripture, natural religion was incomplete. Finally, liberals tended to be uncomfortable with the doctrine of the Trinity, believing it to be unwarranted by Scripture. Nevertheless, open anti- Trinitarianism was not common until around the turn of the century. Only after Arminianism had fully taken root did the liberal clergy begin to toy with such anti- Trinitarian positions as Arianism (the belief that Jesus, although divine, was created by - and therefore not equal to - the Father) and Socinianism (the belief that Jesus was human). See, e.g., WRIGHT, supra note 63, at 3-5; AHLSTROM, supra note 35, at 388-402. See also JOSEPH HAROUTUNIAN, PIETY VERSUS MORALISM: THE PASSING OF THE NEW ENGLAND THEOLOGY (1932).
243. From the Great Awakening of the 1740s until approximately 1805, the intellectual hallmark of theological liberalism was Arminianism, the belief that men are born with a capacity both for sin and righteousness and that they can respond to the impulse toward holiness as well as toward evil. Arminianism contrasted with the orthodox Calvinist doctrine of innate depravity, which stressed the inability of men to respond to the divine message without the unmerited intervention of God's grace. Liberals - and many Calvinists - also believed that reason could establish the fundamentals of "natural religion," but without the special revelation of God's will in Scripture, natural religion was incomplete. Finally, liberals tended to be uncomfortable with the doctrine of the Trinity, believing it to be unwarranted by Scripture. Nevertheless, open anti- Trinitarianism was not common until around the turn of the century. Only after Arminianism had fully taken root did the liberal clergy begin to toy with such anti- Trinitarian positions as Arianism (the belief that Jesus, although divine, was created by - and therefore not equal to - the Father) and Socinianism (the belief that Jesus was human). See, e.g., WRIGHT, supra note 63, at 3-5; AHLSTROM, supra note 35, at 388-402. See also JOSEPH HAROUTUNIAN, PIETY VERSUS MORALISM: THE PASSING OF THE NEW ENGLAND THEOLOGY (1932).
244. See, e.g., WRIGHT, supra note 63, at 6-7. By the end of the eighteenth century, a decision-making elite had developed in Boston, which was in communication with similar groups in such towns as Salem and Worcester, and with the clergy, at least, in many smaller communities. Over a period of two generations, Arminianism had become the theology of this elite. It did not expand beyond the area which this elite controlled, nor within that area did it penetrate to groups significantly lower in the class structure. Liberal Christianity was roughly coterminous with a particular social class. Id. Wright observed that the Arminian or liberal ministers often held the anti-egalitarian social philosophy of High Federalism. In a Phi Beta Kappa oration to the students at Harvard, Ames's friend John Kirkland, for example, defined American equality as "an equality which secures the rich from rapacity, no less than the poor from oppression; the high from envy, no less than the low from contempt; an equality, which proclaims peace alike to the mansions of the affluent, and the humble dwellings of the poor[,]" quoted in id. at 250.
245. The Ames Almanack had a circulation of approximately 60,000 copies in its best years. See BERNHARD, supra note 19, at 6-7.
246. Letter from Jason Haven to Nathaniel Ames, Sr. (July 17, 1759), Nathaniel Ames Papers (on file with the Dedham Historical Society), in Milton Byrd, Nathaniel Ames and His Minister, 14 WM. & MARY Q. 595, 597 (1957).
247. CHARLES WARREN, JACOBIN AND JUNTO, OR EARLY AMERICAN POLITICS AS VIEWED IN THE DIARY OF DR. NATHANIEL AMES 1758-1822, at 286-87 (1931). The persons paying the highest parish tax rate had the first choice of pew, which reverted to the church if the owner ceased to be a taxpayer.
248. At the very least, Dr. Ames's views were those of a supernatural rationalist. See infra note 182 and accompanying text. Consider the following poems composed by Dr. Ames. The first is from the ALMANACK for 1731: "Almighty Power doth over all preside./ And Providence the smallest Atoms guide,/And every Atom of this mighty Frame,/ (By him Created) out of Nothing came[,]" quoted in BERNHARD, supra note 18, at 12. The second is from the ALMANACK for 1741: "These Massy Globes their Maker's Skill display,/But the Minutest Creatures do their part,/The groveling Worm that under Foot is trod/And smallest Mite proclaim a GOD." Id at 13.
249. Jason Haven was born on March 2, 1733 in Framingham, Massachusetts, and graduated with the Harvard College class of 1754. He was called by a divided vote to the First Congregational Church of Dedham in 1755 and was ordained on February 5, 1756 by a council notable for the unusual step of having spent the previous day hearing objections raised against the candidate. In this and the biographical discussion that follows, I have relied on the analysis in CLIFFORD K. SHIPTON, 17 SIBLEY'S HARVARD GRADUATES 447-55 (1975).
250. John Adams reported the following encounter on their mutual graduation day from Harvard: Mr. Haven . . . told me very civilly that he supposed I took my faith on Trust from Dr. Mayhew, and added that he believed the doctrine of the satisfaction of Jesus Christ to be essential to Christianity, and that he would not believe this satisfaction, unless he believed the Divinity of Christ[,] quoted in id. at 447. Dr. Mayhew was a well-known liberal who had published a sermon in 1755 attacking Trinitarian doctrine and stressing the unity of God. See, e.g., WRIGHT, supra note 63, at 204.
251. John Adams reported the following encounter on their mutual graduation day from Harvard: Mr. Haven . . . told me very civilly that he supposed I took my faith on Trust from Dr. Mayhew, and added that he believed the doctrine of the satisfaction of Jesus Christ to be essential to Christianity, and that he would not believe this satisfaction, unless he believed the Divinity of Christ[,] quoted in id. at 447. Dr. Mayhew was a well-known liberal who had published a sermon in 1755 attacking Trinitarian doctrine and stressing the unity of God. See, e.g., WRIGHT, supra note 63, at 204.
252. See infra notes 141-42 and accompanying text.
253. Congregationalism is, strictly speaking, a form of church polity stressing the independence of individual churches and not a body of doctrine. Thus, it was fairly easy for the Massachusetts establishment to accommodate a range of theological opinions. Moreover, the liberals made distaste for theological controversy a point of honor and never excluded orthodox Calvinists from fellowship on doctrinal grounds. Thus, in 1791, a visiting Presbyterian discovered to his horror that the Boston Association of Ministers included men of all shades of belief: "Some are Calvinists, some Universalists, some Arminians, some Arians, and one at least is a Socinian." If the purpose of the Association was to "shake hands, and talk of politics and science, laugh, and eat raisins and almonds, and apples and cake, and drink wine and tea, and then go about their business when they please," the visitor had no objection, "'[b]ut for the purposes of church government, to me, at least, it appears ludicrous.'" LIFE OF ASHBEL GREEN (Joseph H. Jones ed., 1849), quoted in WRIGHT, supra note 63, at 265-66. See also id. at 238-39.
254. Congregationalism is, strictly speaking, a form of church polity stressing the independence of individual churches and not a body of doctrine. Thus, it was fairly easy for the Massachusetts establishment to accommodate a range of theological opinions. Moreover, the liberals made distaste for theological controversy a point of honor and never excluded orthodox Calvinists from fellowship on doctrinal grounds. Thus, in 1791, a visiting Presbyterian discovered to his horror that the Boston Association of Ministers included men of all shades of belief: "Some are Calvinists, some Universalists, some Arminians, some Arians, and one at least is a Socinian." If the purpose of the Association was to "shake hands, and talk of politics and science, laugh, and eat raisins and almonds, and apples and cake, and drink wine and tea, and then go about their business when they please," the visitor had no objection, "'[b]ut for the purposes of church government, to me, at least, it appears ludicrous.'" LIFE OF ASHBEL GREEN (Joseph H. Jones ed., 1849), quoted in WRIGHT, supra note 63, at 265-66. See also id. at 238-39.
255. See, e.g., JASON HAVEN, A SERMON PREACHED JULY 4, 1764, at 8-9 (stating that the laity should not accept the clergy's interpretation of scripture with "a blind and implicit faith and obedience" because "[t]his would be very unreasonable, unless that was true, which we believe to be false; and the pretence to which we utterly condemn, namely, that infallibility is vested in the ministerial office").
256. See Jason Haven, The Charge, in JOHN ELIOT, A.M., A SERMON PREACHED IN MILTON 44 (1797).
257. Throughout his career, Haven regularly exchanged pulpits with other ministers in the Boston area, who represented a wide range of theological views, another indication of tolerance. In an era of life settlements among the clergy, ministers exchanged pulpits partly to give their congregations some variety in preaching styles and theological emphasis. Collegiality became an important issue among the Massachusetts clergy, and in the Dedham Church in particular during the tenure of Haven's successor, Joshua Bates, who refused to exchange with anyone but orthodox Calvinists. See infra note 168 and accompanying text.
258. Other evidence can be found in shifting attitudes toward music and the psalms. For example, in 1784, the First Church switched from the old New England version of the Psalms (used for hymns) to one edited by Tate and Brady; in 1793, the Church adopted Dr. Watts's version, a sign of liberalism. In 1785, the deacons still followed the custom of reading the psalms line-by-line, with the congregation singing responsively after each line; by 1803, the church had voted to purchase a base viol to improve its musical life. See WARREN, supra note 145, at 287. A conservative source approvingly reported that Ames "strenuously opposed the proposal to introduce a new collection [of psalms] into the religious society to which he belonged." Obituary: Tribute to the Hon. Fisher Ames, 1 THE PANOPLIST AND MISSIONARY MAGAZINE UNITED 92, 94 (July 1808) [hereinafter "Tribute"].
259. Other evidence can be found in shifting attitudes toward music and the psalms. For example, in 1784, the First Church switched from the old New England version of the Psalms (used for hymns) to one edited by Tate and Brady; in 1793, the Church adopted Dr. Watts's version, a sign of liberalism. In 1785, the deacons still followed the custom of reading the psalms line-by-line, with the congregation singing responsively after each line; by 1803, the church had voted to purchase a base viol to improve its musical life. See WARREN, supra note 145, at 287. A conservative source approvingly reported that Ames "strenuously opposed the proposal to introduce a new collection [of psalms] into the religious society to which he belonged." Obituary: Tribute to the Hon. Fisher Ames, 1 THE PANOPLIST AND MISSIONARY MAGAZINE UNITED 92, 94 (July 1808) [hereinafter "Tribute"].
260. The original covenant is reproduced in ALVAN LAMSON, A History of the First Church and Parish in Dedham, in THREE DISCOURSES, DELIVERED ON OCCASION OF THE COMPLETION, NOVEMBER 18, 1838 OF THE SECOND CENTURY SINCE THE GATHERING OF SAID CHURCH 82-83 (Note C to Sermon 1) (1839).
261. The new covenant reflected the biblicism typical of liberals at the turn of the century: We profess our belief of the Christian Religion. We unite ourselves together for the purpose of obeying the precepts and honoring the institutions of the religion we profess. We covenant and agree with each other, to live together as a band of Christian brethren, to give and receive counsel and reproof, with meekness and candor, to submit with a Christian temper to the discipline, which the Gospel authorizes the church to administer; and diligently to seek after the will of God, and carefully to obey all his commands. Id. at 65.
262. Ames had married Frances Worthington, third daughter of John Worthington of Springfield, Massachusetts on July 15, 1792. In 1808, at Ames's death, they had seven children, of whom six were boys, the oldest being fifteen. See Kirkland, supra note 19, at lii. As part of its tolerant attitude, common to many Boston area churches at the time, the Dedham congregation permitted those applying for membership to use either the 1793 covenant or the older covenant in making their profession of faith. At the same time, the Church eased the procedures for owning the covenant. Rather than requiring the applicant to make a public statement before the church, the person simply had to make his intentions known to the minister who shall mention it in public, a fortnight before the admission of said person. If no solid objection be offered within that term, the person's name shall be entered in the church Book, and said person shall be considered as a member of the church, entitled to all the privileges of the same, and under the obligations of the before mentioned covenant and agreemen[,] quoted in id. Beyond the obvious social considerations - and notwithstanding a lifelong leaning toward the Episcopal Church - Ames joined the Dedham Church out of personal regard for Reverend Haven. See Montague, supra note 123, at 246.
263. Ames had married Frances Worthington, third daughter of John Worthington of Springfield, Massachusetts on July 15, 1792. In 1808, at Ames's death, they had seven children, of whom six were boys, the oldest being fifteen. See Kirkland, supra note 19, at lii. As part of its tolerant attitude, common to many Boston area churches at the time, the Dedham congregation permitted those applying for membership to use either the 1793 covenant or the older covenant in making their profession of faith. At the same time, the Church eased the procedures for owning the covenant. Rather than requiring the applicant to make a public statement before the church, the person simply had to make his intentions known to the minister who shall mention it in public, a fortnight before the admission of said person. If no solid objection be offered within that term, the person's name shall be entered in the church Book, and said person shall be considered as a member of the church, entitled to all the privileges of the same, and under the obligations of the before mentioned covenant and agreemen[,] quoted in id. Beyond the obvious social considerations - and notwithstanding a lifelong leaning toward the Episcopal Church - Ames joined the Dedham Church out of personal regard for Reverend Haven. See Montague, supra note 123, at 246.
264. Only after Ames's death did various competing groups describe him as regularly attending one church or another "till precluded by indisposition," Tribute, supra note 154, at 94, and make much of the vigor with which he took part in worship. See Montague, supra note 140, at 246 (Ames attended the service of the Episcopal Church "when able until he died"; "At Church Mr. Ames always appeared to enter with spirit and devotion into the service by audible responsing in the litany and the gloria patri."). Even Kirkland was careful to add that, "[a]t about thirty-five, he made a public profession of his belief in the Christian religion, and was a regular attendant on its services." Kirkland, supra note 19, at li. On the other hand, Ames's desire to obtain a permanent pew for his family indicates at least a social commitment to attending services. See infra note 180 and accompanying text.
265. Only after Ames's death did various competing groups describe him as regularly attending one church or another "till precluded by indisposition," Tribute, supra note 154, at 94, and make much of the vigor with which he took part in worship. See Montague, supra note 140, at 246 (Ames attended the service of the Episcopal Church "when able until he died"; "At Church Mr. Ames always appeared to enter with spirit and devotion into the service by audible responsing in the litany and the gloria patri."). Even Kirkland was careful to add that, "[a]t about thirty-five, he made a public profession of his belief in the Christian religion, and was a regular attendant on its services." Kirkland, supra note 19, at li. On the other hand, Ames's desire to obtain a permanent pew for his family indicates at least a social commitment to attending services. See infra note 180 and accompanying text.
266. Only after Ames's death did various competing groups describe him as regularly attending one church or another "till precluded by indisposition," Tribute, supra note 154, at 94, and make much of the vigor with which he took part in worship. See Montague, supra note 140, at 246 (Ames attended the service of the Episcopal Church "when able until he died"; "At Church Mr. Ames always appeared to enter with spirit and devotion into the service by audible responsing in the litany and the gloria patri."). Even Kirkland was careful to add that, "[a]t about thirty-five, he made a public profession of his belief in the Christian religion, and was a regular attendant on its services." Kirkland, supra note 19, at li. On the other hand, Ames's desire to obtain a permanent pew for his family indicates at least a social commitment to attending services. See infra note 180 and accompanying text.
267. In an extensive review of Ames's manuscript correspondence, the only letter found that closed with a conventional "God bless you pray," was one from Fisher Ames to Dwight Foster (Nov. 7, 1796), Gilder-Lehrman Collection, Pierpont Morgan Library. In this casual note, Ames attempted to recruit Foster to join a party taking a portchaise by stages from Dedham through Springfield and from there to New York.
268. Letter from Fisher Ames to Timothy Pickering (Apr. 28, 1804), in Pickering Papers, supra note 138.
269. Letter from Fisher Ames to Timothy Pickering (Mar. 3, 1806), in Pickering Papers, supra note 138. The full phrase is more bellicose than pious: "Thank kind heaven, still the protector of this spiritless country, the Russian bayonets are long, and the French had four inches of them in their vitals before they could reach their antagonists. . . ." Id.
270. Letter from Fisher Ames to Timothy Pickering (Mar. 3, 1806), in Pickering Papers, supra note 138. The full phrase is more bellicose than pious: "Thank kind heaven, still the protector of this spiritless country, the Russian bayonets are long, and the French had four inches of them in their vitals before they could reach their antagonists. . . ." Id.
271. See, e.g., Letter from Fisher Ames to Thomas Dwight, (Sept. 16, 1792), Ma. Unacc. Autographs, Miscellaneous American Collection, Pierpont Morgan Library. This letter includes a cheerful discussion of the recovered health of Ames's father-in-law, Colonel Worthington, and a discussion of a smallpox epidemic: This town is an hospital. The gowns which men, women, & children, black & white, have put on look queerly, especially in the cold easterly weather. By way of precaution against the small pox, they expose themselves to the cold in a manner that would impair the health of the most robust - However, few die and on the whole the disease is very mild, I have no small apprehensions for my mother at Dedham who would not venture, & ought not to have the infection. Id.
272. Letter from Fisher Ames to William Tudor (Feb. 7, 1790), in A Memoir of Hon. William Tudor, 8 COLLECTIONS OF THE MASSACHUSETTS HISTORICAL SOCIETY, 2d Ser., 320, 321 (1826).
273. Letter from Fisher Ames to Thomas Dwight (Jan. 15, 1804), Fisher Ames Collection, Dedham Historical Society. The Jacobin physician to whom Ames refers is his brother, Nathaniel Ames, well-known for radical political views and pugnacious behavior, both of which he chronicled in a diary. See THE DIARY OF DR. NATHANIEL AMES OF DEDHAM, MASSACHUSETTS: 1758-1822 (Robert B. Hanson ed., 1998) [hereinafter DIARY]. All further citations to Nathaniel Ames's Diary will be to the Hanson edition.
274. Letter from Fisher Ames to Thomas Dwight (May 11, 1791), in Fisher Ames Papers (on file with the Dedham Historical Society).
275. Quoted in Douglass, supra note 19, at 715. Ames continued, The men who have the best principles and those who act from the worst will talk alike, only that the latter will exceed the former in fervor. . . . Suppose a missionary should go to the Indians and preach self-denial and another should exhort them to drink rum. Which would first convert the heathen? Id.
276. Letter from Fisher Ames to Timothy Pickering (Dec. 22, 1806), in Pickering Papers, supra note 138.
277. Letter from Fisher Ames to Thomas Dwight (Nov. 29, 1792), Fisher Ames Collection, Dedham Historical Society.
278. Ames's attitude toward the theater reinforces the fact that he had more in common with the culture of the southern aristocracy than with northern evangelicals. Consider for example, the role of the theater in the life of George Washington. Washington was greatly influenced by Addison's play, Cato, and had it performed for his troops at Valley Forge. Moreover, according to ELKINS & MCKITRICK, in deciding what personal style he should strike as the first president, Washington chose to "make no calls, accept no invitations, and give no large entertainments, but to go to the theater occasionally and to hold one hour-long levee a week, asking a few of the guests each time to remain for dinner." ELKINS & MCKITRICK, supra note 27, at 48-49. See also Smith, supra note 5, at 98, 102 (describing Marshall as an "avid theatergoer at a time when the theater was considered beyond the pale by much of America's religious establishment" and how Marshall often attended performances of travelling companies with James Monroe when they were young men in Richmond).
279. Ames's attitude toward the theater reinforces the fact that he had more in common with the culture of the southern aristocracy than with northern evangelicals. Consider for example, the role of the theater in the life of George Washington. Washington was greatly influenced by Addison's play, Cato, and had it performed for his troops at Valley Forge. Moreover, according to ELKINS & MCKITRICK, in deciding what personal style he should strike as the first president, Washington chose to "make no calls, accept no invitations, and give no large entertainments, but to go to the theater occasionally and to hold one hour-long levee a week, asking a few of the guests each time to remain for dinner." ELKINS & MCKITRICK, supra note 27, at 48-49. See also Smith, supra note 5, at 98, 102 (describing Marshall as an "avid theatergoer at a time when the theater was considered beyond the pale by much of America's religious establishment" and how Marshall often attended performances of travelling companies with James Monroe when they were young men in Richmond).
280. Letter from Fisher Ames to William Tudor (Nov. 24, 1791), in Memoir of Hon. William Tudor, 8 COLLECTIONS OF THE MASSACHUSETTS HISTORICAL SOCIETY, 2d. Ser., 323, 324 (1826).
281. Id.
282. Letter from Fisher Ames to Thomas Dwight (Nov. 22, 1791), in Fisher Ames Collection, Dedham Historical Society. Note that Ames was favorably disposed toward the Shakers because they were a "well regulated" community and did not comment at all on their somewhat eccentric theological views or worship practices.
283. Letter from Thomas Dwight to Hannah Dwight (October 17, 1798), in Dwight-Howard Papers, Massachusetts Historical Society, quoted in BERNHARD, supra note 18, at 303.
284. Letter from Thomas Dwight to Hannah Dwight (October 17, 1798), in Dwight-Howard Papers, Massachusetts Historical Society, quoted in BERNHARD, supra note 18, at 303.
285. Fisher Ames, Laocoon II, in 1 WORKS, supra note 40, at 198. Ames elaborated: How many professors of the Christian religion have seen with complacency, nay with joy and exaltation, the downfall of priests and creeds and churches in France? The unspeakable cruelties and crimes exercised against catholics, they tell us will introduce the true worship, and that they admire, and we are bound to approve, proceedings that are so wicked, because they will be so useful. The sophistry that can thus silence conscience and varnish crimes, has no less succeeded in blinding the understandings of these honest jacobins (so called) to the absolute falsehood of their political notions. Id.
286. Fisher Ames, Laocoon II, in 1 WORKS, supra note 40, at 198. Ames elaborated: How many professors of the Christian religion have seen with complacency, nay with joy and exaltation, the downfall of priests and creeds and churches in France? The unspeakable cruelties and crimes exercised against catholics, they tell us will introduce the true worship, and that they admire, and we are bound to approve, proceedings that are so wicked, because they will be so useful. The sophistry that can thus silence conscience and varnish crimes, has no less succeeded in blinding the understandings of these honest jacobins (so called) to the absolute falsehood of their political notions. Id.
287. Letter from John Worthington Ames to Fisher Ames (Mar. 28, 1808), in Fisher Ames Papers (on file with the Dedham Historical Society).
288. See, e.g., NATHAN O. HATCH, THE DEMOCRATIZATION OF AMERICAN CHRISTIANITY (1989).
289. Letter from Fisher Ames to John Worthington Ames (Apr. 9, 1808), in Fisher Ames Papers, Dedham Historical Society.
290. Id.
291. Id.; See Letter from Fisher Ames to John Worthington Ames (Feb. 15, 1808), in Fisher Ames Papers (on file with the Dedham Historical Society ("While you study Greek do not neglect to read the English Bible every Sunday. Study it. . . .PS In future practice writing on the second side of your letters. It is singular and unnecessary to leave it blank.").
292. Id.; See Letter from Fisher Ames to John Worthington Ames (Feb. 15, 1808), in Fisher Ames Papers (on file with the Dedham Historical Society ("While you study Greek do not neglect to read the English Bible every Sunday. Study it. . . .PS In future practice writing on the second side of your letters. It is singular and unnecessary to leave it blank.").
293. See Fisher Ames, School Books, first published in The Palladium, Jan. 27, 1801, reprinted in 1 WORKS, supra note 40, at 11.
294. See Fisher Ames, School Books, first published in The Palladium, Jan. 27, 1801, reprinted in 1 WORKS, supra note 40, at 11.
295. Id. at 11-12. As if to prove the paucity of Ames's published record on religion, the editors of The Panoplist devoted a full paragraph of their obituary of Ames to material gleaned from this piece, concluding that Ames was devoted to the King James version of the Bible because he believed that no one could become truly eloquent without "'being a constant reader of the Bible.'" Tribute, supra note 154, at 94. Kirkland supports Ames's stylistic admiration for the Bible, noting that he "was accustomed to read the Scriptures, not only as containing a system of truth and duty, but as displaying, in their poetical parts, all that is sublime, animated, and affecting in composition." Kirkland, supra note 19, at xlvii. See infra note 18. The Panoplist obituary also contains evidence that Ames shared the rationalistic approach to the Bible common among moderate Calvinists and liberals after the middle of the eighteenth century. It reported a conversation in which Ames stated "that it appeared to him impossible for any man of a fair mind to read the Old Testament, and meditate on its contents, without a conviction of its truth and inspiration." According to the writer, Ames reasoned that no other nation of the ancient world, including many that were more advanced than the Hebrews, had attained "[such] sublime and correct ideas . . . of God." Tribute, supra note 154, at 93. On the other hand, The Panoplist tried to use Ames's belief in the inspiration of the Hebrew Bible against liberal elements - notably Joseph Stevens Buckminister of Brattle Street Church - who were introducing European advances in Biblical criticism to the United States. See id.; Charles C. Forman, Elected Now By Time, in A STREAM OF LIGHT: A SHORT HISTORY OF AMERICAN UNITARIANISM 3, 1-16 (Conrad Wright ed., 1989).
296. Id. at 11-12. As if to prove the paucity of Ames's published record on religion, the editors of The Panoplist devoted a full paragraph of their obituary of Ames to material gleaned from this piece, concluding that Ames was devoted to the King James version of the Bible because he believed that no one could become truly eloquent without "'being a constant reader of the Bible.'" Tribute, supra note 154, at 94. Kirkland supports Ames's stylistic admiration for the Bible, noting that he "was accustomed to read the Scriptures, not only as containing a system of truth and duty, but as displaying, in their poetical parts, all that is sublime, animated, and affecting in composition." Kirkland, supra note 19, at xlvii. See infra note 18. The Panoplist obituary also contains evidence that Ames shared the rationalistic approach to the Bible common among moderate Calvinists and liberals after the middle of the eighteenth century. It reported a conversation in which Ames stated "that it appeared to him impossible for any man of a fair mind to read the Old Testament, and meditate on its contents, without a conviction of its truth and inspiration." According to the writer, Ames reasoned that no other nation of the ancient world, including many that were more advanced than the Hebrews, had attained "[such] sublime and correct ideas . . . of God." Tribute, supra note 154, at 93. On the other hand, The Panoplist tried to use Ames's belief in the inspiration of the Hebrew Bible against liberal elements - notably Joseph Stevens Buckminister of Brattle Street Church - who were introducing European advances in Biblical criticism to the United States. See id.; Charles C. Forman, Elected Now By Time, in A STREAM OF LIGHT: A SHORT HISTORY OF AMERICAN UNITARIANISM 3, 1-16 (Conrad Wright ed., 1989).
297. Id. at 11-12. As if to prove the paucity of Ames's published record on religion, the editors of The Panoplist devoted a full paragraph of their obituary of Ames to material gleaned from this piece, concluding that Ames was devoted to the King James version of the Bible because he believed that no one could become truly eloquent without "'being a constant reader of the Bible.'" Tribute, supra note 154, at 94. Kirkland supports Ames's stylistic admiration for the Bible, noting that he "was accustomed to read the Scriptures, not only as containing a system of truth and duty, but as displaying, in their poetical parts, all that is sublime, animated, and affecting in composition." Kirkland, supra note 19, at xlvii. See infra note 18. The Panoplist obituary also contains evidence that Ames shared the rationalistic approach to the Bible common among moderate Calvinists and liberals after the middle of the eighteenth century. It reported a conversation in which Ames stated "that it appeared to him impossible for any man of a fair mind to read the Old Testament, and meditate on its contents, without a conviction of its truth and inspiration." According to the writer, Ames reasoned that no other nation of the ancient world, including many that were more advanced than the Hebrews, had attained "[such] sublime and correct ideas . . . of God." Tribute, supra note 154, at 93. On the other hand, The Panoplist tried to use Ames's belief in the inspiration of the Hebrew Bible against liberal elements - notably Joseph Stevens Buckminister of Brattle Street Church - who were introducing European advances in Biblical criticism to the United States. See id.; Charles C. Forman, Elected Now By Time, in A STREAM OF LIGHT: A SHORT HISTORY OF AMERICAN UNITARIANISM 3, 1-16 (Conrad Wright ed., 1989).
298. Id. at 11-12. As if to prove the paucity of Ames's published record on religion, the editors of The Panoplist devoted a full paragraph of their obituary of Ames to material gleaned from this piece, concluding that Ames was devoted to the King James version of the Bible because he believed that no one could become truly eloquent without "'being a constant reader of the Bible.'" Tribute, supra note 154, at 94. Kirkland supports Ames's stylistic admiration for the Bible, noting that he "was accustomed to read the Scriptures, not only as containing a system of truth and duty, but as displaying, in their poetical parts, all that is sublime, animated, and affecting in composition." Kirkland, supra note 19, at xlvii. See infra note 18. The Panoplist obituary also contains evidence that Ames shared the rationalistic approach to the Bible common among moderate Calvinists and liberals after the middle of the eighteenth century. It reported a conversation in which Ames stated "that it appeared to him impossible for any man of a fair mind to read the Old Testament, and meditate on its contents, without a conviction of its truth and inspiration." According to the writer, Ames reasoned that no other nation of the ancient world, including many that were more advanced than the Hebrews, had attained "[such] sublime and correct ideas . . . of God." Tribute, supra note 154, at 93. On the other hand, The Panoplist tried to use Ames's belief in the inspiration of the Hebrew Bible against liberal elements - notably Joseph Stevens Buckminister of Brattle Street Church - who were introducing European advances in Biblical criticism to the United States. See id.; Charles C. Forman, Elected Now By Time, in A STREAM OF LIGHT: A SHORT HISTORY OF AMERICAN UNITARIANISM 3, 1-16 (Conrad Wright ed., 1989).
299. Id. at 11-12. As if to prove the paucity of Ames's published record on religion, the editors of The Panoplist devoted a full paragraph of their obituary of Ames to material gleaned from this piece, concluding that Ames was devoted to the King James version of the Bible because he believed that no one could become truly eloquent without "'being a constant reader of the Bible.'" Tribute, supra note 154, at 94. Kirkland supports Ames's stylistic admiration for the Bible, noting that he "was accustomed to read the Scriptures, not only as containing a system of truth and duty, but as displaying, in their poetical parts, all that is sublime, animated, and affecting in composition." Kirkland, supra note 19, at xlvii. See infra note 18. The Panoplist obituary also contains evidence that Ames shared the rationalistic approach to the Bible common among moderate Calvinists and liberals after the middle of the eighteenth century. It reported a conversation in which Ames stated "that it appeared to him impossible for any man of a fair mind to read the Old Testament, and meditate on its contents, without a conviction of its truth and inspiration." According to the writer, Ames reasoned that no other nation of the ancient world, including many that were more advanced than the Hebrews, had attained "[such] sublime and correct ideas . . . of God." Tribute, supra note 154, at 93. On the other hand, The Panoplist tried to use Ames's belief in the inspiration of the Hebrew Bible against liberal elements - notably Joseph Stevens Buckminister of Brattle Street Church - who were introducing European advances in Biblical criticism to the United States. See id.; Charles C. Forman, Elected Now By Time, in A STREAM OF LIGHT: A SHORT HISTORY OF AMERICAN UNITARIANISM 3, 1-16 (Conrad Wright ed., 1989).
300. Id. at 11-12. As if to prove the paucity of Ames's published record on religion, the editors of The Panoplist devoted a full paragraph of their
301. See, e.g., AHLSTROM, supra note 35, at 401 and WRIGHT, supra note 60, at 235-40 (stressing that the Bible permitted liberals to avoid the theological controversies that might have exposed their divergence from orthodox Calvinism).
302. See, e.g., AHLSTROM, supra note 35, at 401 and WRIGHT, supra note 60, at 235-40 (stressing that the Bible permitted liberals to avoid the theological controversies that might have exposed their divergence from orthodox Calvinism).
303. John Tucker, A Reply to the Rev. Mr. Chandler's Answer (1768), quoted in WRIGHT, supra note 60, at 236.
304. John Tucker, A Reply to the Rev. Mr. Chandler's Answer (1768), quoted in WRIGHT, supra note 60, at 236.
305. Entry for March 2, 1802, Records of the First Parish in Dedham, Massachusetts, 1763-1807 (unpublished manuscript, on file with the Dedham Historical Society) [hereinafter First Parish Records]. The Parish was looking for a preacher to supply the pulpit on a temporary basis in the expectation that he would become Haven's permanent associate if the arrangement worked out. Reverend Haven's traditional life settlement (or, in modern terms, life tenure) dictated this complex state of affairs.
306. Joshua Bates (1776-1854) was born in Cohasset, Massachusetts, and was admitted to the sophomore class at Harvard in 1797, at the age of 21. He graduated with the class of 1800, became an assistant teacher at Phillips Academy preparatory school in Andover, and studied theology with Jonathan French. After a year, he gave up teaching and studied theology full time, eventually being ordained to the Dedham pastorate. In 1818, after his relationship with the Dedham Church had soured, Bates resigned to become president of Middlebury College. See WILLIAM B. SPRAGUE, 2 ANNALS OF THE AMERICAN PULPIT; OR COMMEMORATIVE NOTICES OF DISTINGUISHED AMERICAN CLERGYMEN OF VARIOUS DENOMINATIONS, FROM THE EARLY SETTLEMENT OF THE COUNTRY TO THE CLOSE OF THE YEAR EIGHTEEN HUNDRED AND FIFTY-FIVE 465-71 (1857).
307. See BERNHARD, supra note 19, at 330-31, relied upon by McConnell, supra note 7, at 1455 & n.236.
308. See BERNHARD, supra note 19, at 330-31, relied upon by McConnell, supra note 7, at 1455 & n.236.
309. Given the latitudinarian temper of Boston's clerical circles in 1800, it is unlikely that anyone scrutinized Bates's theology very closely. The signals apparently pointed to a moderate stance not unlike that of Reverend Haven; Bates was a Harvard graduate and had studied theology in Andover with moderate Calvinist Jonathan French, a man known both for personal kindness and aversion to theological controversy. In retrospect, however, at least one liberal participant in the rift between liberals and orthodox described French as "Calvinistick." John Pierce, Entry of June 1828, 5 Memoirs of Rev. John Pierce, Pierce Family Papers, Massachusetts Historical Society. For Bates's theological views, see, for example, LAMSON, supra note 155, at 68-69. Lamson, the Unitarian minister who succeeded Bates, claimed that Bates seemed to be a liberal or a rationalist at the time of his ordination but that he subsequently fell in with the conservatives because of his Andover connections. See also ROBERT BRAND HANSON, DEDHAM, MASSACHUSETTS: 1635-1890, 191 (1976) (suggesting that Bates appeared liberal at the time of his settlement, relying on the fact that the Parish itself was primarily liberal and had heard him preach without developing opposition). Compare the foregoing with the Entry of February 1, 1805, Doctor John Eliot's Journal, in Conrad Wright, The Election of Henry Ware: Two Contemporary Accounts, 17 HARV. LIBR. BULL. 245 (1969). Eliot, a known liberal, noted in his journal that Eliphalet Pearson favored Joshua Bates for the Harvard's Hollis Professorship of theology, adding that Bates "would have made a good professor." Id. at 264. Eliot was willing to vote for moderate Calvinists for the office but made strongly disparaging comments in his Journal about the conservatives. Pearson would only vote for orthodox candidates. Taken together, this suggests Bates was a moderate Calvinist at the time of his call to the Dedham Church, but that he may already have been shifting his allegiance to the orthodox.
310. Given the latitudinarian temper of Boston's clerical circles in 1800, it is unlikely that anyone scrutinized Bates's theology very closely. The signals apparently pointed to a moderate stance not unlike that of Reverend Haven; Bates was a Harvard graduate and had studied theology in Andover with moderate Calvinist Jonathan French, a man known both for personal kindness and aversion to theological controversy. In retrospect, however, at least one liberal participant in the rift between liberals and orthodox described French as "Calvinistick." John Pierce, Entry of June 1828, 5 Memoirs of Rev. John Pierce, Pierce Family Papers, Massachusetts Historical Society. For Bates's theological views, see, for example, LAMSON, supra note 155, at 68-69. Lamson, the Unitarian minister who succeeded Bates, claimed that Bates seemed to be a liberal or a rationalist at the time of his ordination but that he subsequently fell in with the conservatives because of his Andover connections. See also ROBERT BRAND HANSON, DEDHAM, MASSACHUSETTS: 1635-1890, 191 (1976) (suggesting that Bates appeared liberal at the time of his settlement, relying on the fact that the Parish itself was primarily liberal and had heard him preach without developing opposition). Compare the foregoing with the Entry of February 1, 1805, Doctor John Eliot's Journal, in Conrad Wright, The Election of Henry Ware: Two Contemporary Accounts, 17 HARV. LIBR. BULL. 245 (1969). Eliot, a known liberal, noted in his journal that Eliphalet Pearson favored Joshua Bates for the Harvard's Hollis Professorship of theology, adding that Bates "would have made a good professor." Id. at 264. Eliot was willing to vote for moderate Calvinists for the office but made strongly disparaging comments in his Journal about the conservatives. Pearson would only vote for orthodox candidates. Taken together, this suggests Bates was a moderate Calvinist at the time of his call to the Dedham Church, but that he may already have been shifting his allegiance to the orthodox.
311. Given the latitudinarian temper of Boston's clerical circles in 1800, it is unlikely that anyone scrutinized Bates's theology very closely. The signals apparently pointed to a moderate stance not unlike that of Reverend Haven; Bates was a Harvard graduate and had studied theology in Andover with moderate Calvinist Jonathan French, a man known both for personal kindness and aversion to theological controversy. In retrospect, however, at least one liberal participant in the rift between liberals and orthodox described French as "Calvinistick." John Pierce, Entry of June 1828, 5 Memoirs of Rev. John Pierce, Pierce Family Papers, Massachusetts Historical Society. For Bates's theological views, see, for example, LAMSON, supra note 155, at 68-69. Lamson, the Unitarian minister who succeeded Bates, claimed that Bates seemed to be a liberal or a rationalist at the time of his ordination but that he subsequently fell in with the conservatives because of his Andover connections. See also ROBERT BRAND HANSON, DEDHAM, MASSACHUSETTS: 1635-1890, 191 (1976) (suggesting that Bates appeared liberal at the time of his settlement, relying on the fact that the Parish itself was primarily liberal and had heard him preach without developing opposition). Compare the foregoing with the Entry of February 1, 1805, Doctor John Eliot's Journal, in Conrad Wright, The Election of Henry Ware: Two Contemporary Accounts, 17 HARV. LIBR. BULL. 245 (1969). Eliot, a known liberal, noted in his journal that Eliphalet Pearson favored Joshua Bates for the Harvard's Hollis Professorship of theology, adding that Bates "would have made a good professor." Id. at 264. Eliot was willing to vote for moderate Calvinists for the office but made strongly disparaging comments in his Journal about the conservatives. Pearson would only vote for orthodox candidates. Taken together, this suggests Bates was a moderate Calvinist at the time of his call to the Dedham Church, but that he may already have been shifting his allegiance to the orthodox.
312. Given the latitudinarian temper of Boston's clerical circles in 1800, it is unlikely that anyone scrutinized Bates's theology very closely. The signals apparently pointed to a moderate stance not unlike that of Reverend Haven; Bates was a Harvard graduate and had studied theology in Andover with moderate Calvinist Jonathan French, a man known both for personal kindness and aversion to theological controversy. In retrospect, however, at least one liberal participant in the rift between liberals and orthodox described French as "Calvinistick." John Pierce, Entry of June 1828, 5 Memoirs of Rev. John Pierce, Pierce Family Papers, Massachusetts Historical Society. For Bates's theological views, see, for example, LAMSON, supra note 155, at 68-69. Lamson, the Unitarian minister who succeeded Bates, claimed that Bates seemed to be a liberal or a rationalist at the time of his ordination but that he subsequently fell in with the conservatives because of his Andover connections. See also ROBERT BRAND HANSON, DEDHAM, MASSACHUSETTS: 1635-1890, 191 (1976) (suggesting that Bates appeared liberal at the time of his settlement, relying on the fact that the Parish itself was primarily liberal and had heard him preach without developing opposition). Compare the foregoing with the Entry of February 1, 1805, Doctor John Eliot's Journal, in Conrad Wright, The Election of Henry Ware: Two Contemporary Accounts, 17 HARV. LIBR. BULL. 245 (1969). Eliot, a known liberal, noted in his journal that Eliphalet Pearson favored Joshua Bates for the Harvard's Hollis Professorship of theology, adding that Bates "would have made a good professor." Id. at 264. Eliot was willing to vote for moderate Calvinists for the office but made strongly disparaging comments in his Journal about the conservatives. Pearson would only vote for orthodox candidates. Taken together, this suggests Bates was a moderate Calvinist at the time of his call to the Dedham Church, but that he may already have been shifting his allegiance to the orthodox.
313. For example, Bates studied theology with Reverend Jonathan French in Andover. See infra note 168. After President Washington's 1789 visit to Andover, his nephews, Bushrod and Augustus Washington, lived in the French household, while attending Phillips Academy. See SHIPTON, supra note 147, at 518.
314. Letter from Fisher Ames to Joshua Bates (Apr. 26, 1806), in Fisher Ames Papers (on file with the Dedham Historical Society.
315. Entries of November 1802 and November 29, 1802, in First Parish Records, supra note 184, at 274-75. Reverend Haven told the Parish that the Church had voted unanimously to give Bates a call to settle as his colleague; the Parish then voted by a vote of 64 to 0 to ratify the call. The same records reflect no discussion of Bates's theological views. The speed with which objections arose to the terms of the contract - both as to length and salary - suggests that, whatever the vote, Parish members were uncomfortable with Bates.
316. The meetings over the terms of Bates's settlement were rancorous, with salary arrangements proving as volatile as the issue of tenure. See, e.g., Entries of December 30, 1802 and January 2, 1803, in id. at 279-80. Since the minister's salary was paid from a tax assessment, Bates's compensation was the subject of heated bargaining, exacerbated by the inflation of the Revolutionary period. In reading the sources, it is difficult to avoid the impression that the relationship was ill-starred from the beginning.
317. Entry of December 9, 1802, in First Parish Records, supra note 184, at 277.
318. Id. at 278. The traditional life settlement which placed a minister over a church for as long as he lived was becoming less common at the end of the eighteenth century as part of the professionalization of the clergy. This meant that clergy were seeking professional advancement to other posts at the same time that congregations wanted to shed themselves of uncongenial ministers. Ames's insistence on a life settlement, thus, looked back to a world of different social norms. See generally DANIEL C. CALHOUN, PROFESSIONAL LIVES IN AMERICA: STRUCTURE AND ASPIRATION, 1750-1850 (1965); DONALD M. SCOTT, FROM OFFICE TO PROFESSION: THE NEW ENGLAND MINISTRY, 1750-1850 (1978).
319. Id. at 278. The traditional life settlement which placed a minister over a church for as long as he lived was becoming less common at the end of the eighteenth century as part of the professionalization of the clergy. This meant that clergy were seeking professional advancement to other posts at the same time that congregations wanted to shed themselves of uncongenial ministers. Ames's insistence on a life settlement, thus, looked back to a world of different social norms. See generally DANIEL C. CALHOUN, PROFESSIONAL LIVES IN AMERICA: STRUCTURE AND ASPIRATION, 1750-1850 (1965); DONALD M. SCOTT, FROM OFFICE TO PROFESSION: THE NEW ENGLAND MINISTRY, 1750-1850 (1978).
320. Id. at 278. The traditional life settlement which placed a minister over a church for as long as he lived was becoming less common at the end of the eighteenth century as part of the professionalization of the clergy. This meant that clergy were seeking professional advancement to other posts at the same time that congregations wanted to shed themselves of uncongenial ministers. Ames's insistence on a life settlement, thus, looked back to a world of different social norms. See generally DANIEL C. CALHOUN, PROFESSIONAL LIVES IN AMERICA: STRUCTURE AND ASPIRATION, 1750-1850 (1965); DONALD M. SCOTT, FROM OFFICE TO PROFESSION: THE NEW ENGLAND MINISTRY, 1750-1850 (1978).
321. See, e.g., Entry of Dec. 30, 1802, in 2 DIARY, supra note 164, at 776-77. Dr. Ames wrote, I having previously sounded many of the parishioners found each I convers'd with desirous to have him [Bates] settled on such terms as may make him alert to his duty to carry on the work of the ministry here so long as he give satisfaction to the majority of the parish. I attended hoping to find them adhering to some such stipulations with generous terms for him also on his side of the contract. . . . Id.
322. See, e.g., Entry of Dec. 30, 1802, in 2 DIARY, supra note 164, at 776-77. Dr. Ames wrote, I having previously sounded many of the parishioners found each I convers'd with desirous to have him [Bates] settled on such terms as may make him alert to his duty to carry on the work of the ministry here so long as he give satisfaction to the majority of the parish. I attended hoping to find them adhering to some such stipulations with generous terms for him also on his side of the contract. . . . Id.
323. Entry of Dec. 30, 1802, in id. at 777-78. See also HANSON, supra note 187, at 190-91.
324. Entry of Dec. 30, 1802, in id. at 777-78. See also HANSON, supra note 187, at 190-91.
325. Entry of Feb. 10, 1803, in 2 DIARY, supra note 164, at 779; HANSON, supra note 187, at 191.
326. Entry of Feb. 10, 1803, in 2 DIARY, supra note 164, at 779; HANSON, supra note 187, at 191.
327. The ordination committee put in bills of $218.65. Entry of Mar. 21, 1803, Records of First Parish at 287. Nathaniel Ames described the event in his usual trenchant style, "Bates ordain'd, Clergy stuff d. Vast provisions." Entry of Mar. 16, 1803, in 2 DIARY, supra note 164, at 783.
328. Entry of Dec. 30, 1802, in id. at 777.
329. This is hardly surprising in a world in which college class rank - an important visual cue in processions and public exercises - was based not on a student's academic performance but on the status of his family. While this regime was breaking down at the end of the eighteenth century, it is one indication of how distant the Federalist perspective is from our own and how different even the Jeffersonian world was from the Age of Federalism. The issue of status also explains why the provision of a pew was so important to Ames, a great believer in the rituals of hierarchy.
330. Entry of Jan. 20, 1803, in 2 DIARY, supra note 164, at 779. Nathaniel's pique may better be seen in his Entry of Dec. 6, 1803: Bo't of Elijah Fisher a heap of Dung @ 20 dols, and in carting away on my clover F. Ames came & storm'd at my presumption to my men in buying Dung without his leave when I did not know he arrogated all the Dung as well as all the Religion in Dedham - After turning me out of the house of G - I expected he would allow me to grovel in Dung[.] Id.
331. Entry of Jan. 20, 1803, in 2 DIARY, supra note 164, at 779. Nathaniel's pique may better be seen in his Entry of Dec. 6, 1803: Bo't of Elijah Fisher a heap of Dung @ 20 dols, and in carting away on my clover F. Ames came & storm'd at my presumption to my men in buying Dung without his leave when I did not know he arrogated all the Dung as well as all the Religion in Dedham - After turning me out of the house of G - I expected he would allow me to grovel in Dung[.] Id.
332. Entry of July 31, 1803, id. at 790. It seems that Nathaniel was renting the pew to Richards; he continues to mention the cost of the pew in his diary even after he and Richards fell out over unrelated issues.
333. The account of the efforts to enlarge the meetinghouse of Dedham's First Church is drawn from First Parish Records, supra note 184. In February, 1803, the Parish had appointed a committee to report on possible alterations to the meetinghouse to accommodate inhabitants of Dedham without seats. In late March, the Parish rejected the report. A week later, the committee suggested adding an eight foot extension to the meetinghouse to make room for more pews. In April, 1804, a year after the committee presented its second report, the Parish rejected it. Then, in November, 1804, based on yet another report, the Parish voted to enlarge the meetinghouse as long as the addition would cost it nothing. Nevertheless, in March, 1805, the Parish was still considering whether to fund the expansion, with several alternative proposals on the table. In April, the Parish accepted a plan for dividing up the costs of alteration. In late August, the Parish was still discussing the plan it had already accepted, having now accepted an alternative version. In a formal letter dated August 1805, the petitioners for the new pews - including Fisher Ames - threw up their hands and relinquished the right to expand the meetinghouse granted them by the November, 1804 Parish vote. Even this did not end the dispute over pews. By November, 1806, another Parish committee had been appointed to consider "providing seats in the Meetinghouse for those who have none;" again Fisher Ames served on the committee.
334. Miscellaneous Mementos, 1805, in 2 DIARY, supra note 164, at 821.
335. The Reverend William Montague, minister of Dedham's Episcopal Church at the time of these events, wrote that Ames "no doubt would have continued to his death [in the Congregational Church] (for he was a man not given to change) had it not been for the circumstance which took place about the close of the year 1806, viz. he could not to his mind accommodate himself and his family with a pew, and a vote could not be obtained to enlarge the meeting house or build a new one. This led him to join himself and his family to the Episcopal Church, which he did." Montague, supra note 140, at 246-47. Although Montague is hardly a disinterested witness, this comment bears the ring of truth both in its recognition of Ames's personal aversion to change and in its less than flattering reason for his conversion to episcopacy.
336. Id. at 247. Presumably Reverend Montague was writing of the custom of decorating houses with evergreen boughs. According to Reverend Montague, Ames also took the occasion to make "some beautiful observations on that ancient custom 'which has become,' as 'venerable by age,' as the 'assembly's catechism.'" Id. The public significance of the event is important. Although few went so far as Boston's Samuel Sewall, who spent Christmas Day in the edifying activity of rearranging the occupants of the family crypt, New Englanders ordinarily minimized the Christmas celebration because they associated it with the Church of Rome.
337. Letter from Fisher Ames to Rev. Joshua Bates (Jan. 21, 1808), quoted in id. at 245. See also HANSON, supra note 187, at 192. By this point, Bates seems to have lost whatever support he had in Dedham. As a High Federalist, his political commentary was not appreciated by a congregation that voted Republican on a ratio of three to one. As a person, he was less than tactful, leading to such incidents as the en masse resignation of the church choir. See id. at 192-93.
338. Witness Ames's words of farewell to First Church in the same letter: "'In respect to the Church and Society under your pastoral care, it is the earnest wish of my heart, that both may continue free from the spirit of discord, as for the first, and for one who withdraws, may many and worthier be added[,]'" quoted in Montague, supra note 140, at 246.
339. SEE CHURCHES OF DEDHAM, MASSACHUSETTS, 1638-1844: ADMISSIONS, DISMISSIONS, ADULT BAPTISMS, AND PROCEEDINGS UNDER THE HALF-WAY COVENANT (Robert B. Hanson ed., 1990) (showing that First Church does not record a dismission of Fisher and Frances Ames); Montague, supra note 140, at 246. Their love and esteem for him as an exemplary Christian brother was so great, and they parted with him with such reluctance that the above letter was not even read in their Church for months after their pastor received it; indeed, with such reluctance did they part with this good man, that they never did formally dismiss him, untill [sic], with very Christian love and charity for good people of every denomination, he took his dismission from ALL Churches MILITANT and joined the ONE TRIUMPHANT. . . Id.
340. SEE CHURCHES OF DEDHAM, MASSACHUSETTS, 1638-1844: ADMISSIONS, DISMISSIONS, ADULT BAPTISMS, AND PROCEEDINGS UNDER THE HALF-WAY COVENANT (Robert B. Hanson ed., 1990) (showing that First Church does not record a dismission of Fisher and Frances Ames); Montague, supra note 140, at 246. Their love and esteem for him as an exemplary Christian brother was so great, and they parted with him with such reluctance that the above letter was not even read in their Church for months after their pastor received it; indeed, with such reluctance did they part with this good man, that they never did formally dismiss him, untill [sic], with very Christian love and charity for good people of every denomination, he took his dismission from ALL Churches MILITANT and joined the ONE TRIUMPHANT. . . Id.
341. See, e.g., the comments of Rev. John Pierce of Brookline regarding Ames's funeral: "Prayers according to the Church of England were read by Mr. Montague. He [Ames] was not in reality an episcopalian. For he was a member of Mr. Bates's Church. But being utterly unable to obtain accommodations for his family in the meetinghouse, he was obliged to go to Church." Entry of July 5, 1808, 1 Memoir at 194-95; Tribute, supra note 154, at 94. The Panoplist was organized by the "Friends to Evangelical Truth" and represented the evangelical, rather than the liberal, wing of Congregationalism. Reverend Jedediah Morse was editor of the paper. See Forman, supra note 181, at 16.
342. See, e.g., the comments of Rev. John Pierce of Brookline regarding Ames's funeral: "Prayers according to the Church of England were read by Mr. Montague. He [Ames] was not in reality an episcopalian. For he was a member of Mr. Bates's Church. But being utterly unable to obtain accommodations for his family in the meetinghouse, he was obliged to go to Church." Entry of July 5, 1808, 1 Memoir at 194-95; Tribute, supra note 154, at 94. The Panoplist was organized by the "Friends to Evangelical Truth" and represented the evangelical, rather than the liberal, wing of Congregationalism. Reverend Jedediah Morse was editor of the paper. See Forman, supra note 181, at 16.
343. See, e.g., the comments of Rev. John Pierce of Brookline regarding Ames's funeral: "Prayers according to the Church of England were read by Mr. Montague. He [Ames] was not in reality an episcopalian. For he was a member of Mr. Bates's Church. But being utterly unable to obtain accommodations for his family in the meetinghouse, he was obliged to go to Church." Entry of July 5, 1808, 1 Memoir at 194-95; Tribute, supra note 154, at 94. The Panoplist was organized by the "Friends to Evangelical Truth" and represented the evangelical, rather than the liberal, wing of Congregationalism. Reverend Jedediah Morse was editor of the paper. See Forman, supra note 181, at 16.
344. Montague, supra note 140, at 247.
345. Reverend Montague reported that, at the time Ames joined the Congregational Church, he told a neighbor that, "if he lived in England or any place where the Episcopal Church was regular and in order, he should be of that communion; but (as it was now in New-England (and at that time particularly so in Dedham) in a broken, disorganized state, little more than scattered congregations with a form of prayer) he should join the communion of the congregational church." Id. at 246. In fact, as a rising political star during the early national period, membership in the Episcopal communion would have been a liability. Cf. BERNHARD, supra note 19, at 44 (noting that, as a young lawyer, Ames represented an Anglican minister who had fled to England in 1778, attempting to reclaim a loan on the minister's behalf). Ames also married into an openly Anglophilic family. His father-in-law, Colonel John Worthington, was well-known for his Tory sympathies. A member of the Massachusetts General Court between 1747 and 1774, Worthington reluctantly agreed to separation from England See id. at 202.
346. See, e.g., Memoranda 1804, in 2 DIARY, supra note 164, at 820. ("Montague treats his Church members with utmost contempt, alienates S. Colburns Donation to Dedham Church without ceremony - besides several pieces to Fisher Ames. . . .").
347. Montague, supra note 140, at 243.
348. But see infra note 60 and accompanying text (regarding Ames's 1808 letter to his son Worthington espousing toleration for Baptists even though they are "ignorant enthusiasts.").
349. See Montague, supra note 140, at 247. It was observed to him [Fisher Ames] that the Episcopal Church, differed very widely from the Congregational platform in her ordination, government and mode of worship, he replied, 'the difference is what I like,' and for which I give the Church the preference, those were his words. Id. 216. Freeman initially led his congregation into Arianism, or the belief that Jesus, while not divine, was superior to ordinary human beings. When the Episcopal hierarchy delayed Freeman's ordination because of his views on the Trinity and the liturgy, King's Chapel simply ordained Freeman itself. See WRIGHT, supra note 63, at 210-12.
350. See Montague, supra note 140, at 247. It was observed to him [Fisher Ames] that the Episcopal Church, differed very widely from the Congregational platform in her ordination, government and mode of worship, he replied, 'the difference is what I like,' and for which I give the Church the preference, those were his words. Id. 216. Freeman initially led his congregation into Arianism, or the belief that Jesus, while not divine, was superior to ordinary human beings. When the Episcopal hierarchy delayed Freeman's ordination because of his views on the Trinity and the liturgy, King's Chapel simply ordained Freeman itself. See WRIGHT, supra note 63, at 210-12.
351. Montague led a rather checkered career. Nathaniel Ames's diary is replete with complaints about Montague's shady financial dealings with church assets and his inattention to ministerial duties, particularly his failure to preach regularly as stipulated in his contract. See, e.g., Memoranda 1804, in 2 DIARY, supra note 164, at 798; see also Entry of May 3, 1794, in 1 DIARY, supra note 164, at 565 ("This day find Montague, as Robins said, a Puppy, Liar, &c:").
352. Montague led a rather checkered career. Nathaniel Ames's diary is replete with complaints about Montague's shady financial dealings with church assets and his inattention to ministerial duties, particularly his failure to preach regularly as stipulated in his contract. See, e.g., Memoranda 1804, in 2 DIARY, supra note 164, at 798; see also Entry of May 3, 1794, in 1 DIARY, supra note 164, at 565 ("This day find Montague, as Robins said, a Puppy, Liar, &c:").
353. See Montague, supra note 140, at 242. Montague stated, Calvenism [sic] in this country (to use one of his own figures on another occasion) 'is like moonshine; it comprehends every thing but discovers nothing.' If it means the Gospel as explained and understood by the late Dr. Doddridge of (old) England, and the present Dr. Joseph Lathrop, of New-England, and all the best writers of the Episcopal Church, Mr. Ames was a Calvinist. But if Calvin's system of divinity is what the late Dr. Samuel Hopkins, of Newport, explained it to be, and understood it to mean, Mr. Ames viewed it (that is Hopkinsian Calvinism) almost as baneful to society, as that spirit of witchcraft, which infested this country about a century ago. Id.
354. The paucity of records may reflect Ames's genuine disinterest - Montague appears to have been the driving force behind the fight - or it may reflect Ames's rapidly deteriorating health in the spring of 1808.
355. See, e.g., HANSON, supra note 187, at 192 (crediting Nathaniel Ames with the discovery that the funds were being retained by First Church).
356. See, e.g., WRIGHT, supra note 63, at 228; BRADLEY, supra note 11, at 22-27.
357. See, e.g., WRIGHT, supra note 63, at 228; BRADLEY, supra note 11, at 22-27.
358. Miscellaneous Memento Entry for Mar. 7, 1805, in 2 DIARY, supra note 164, at 821.
359. Statement of the Case of William C. Montague vs. The First Parish in Dedham, September Term 1807, Norfolk Supreme Judicial Court, in Records of the First Congregational Church and Parish in Dedham (unpublished manuscript, on file with theDedham Historical Society) [hereinafter First Congregational Records].
360. Letter from Fisher Ames to the Parish Treasurer of the First Parish in Dedham (Mar. 16, 1808), in First Congregational Records, supra note 223.
361. Letter of William Montague, Jesse Towell, and Timothy Richards, Dedham, Jan. 30, 1808, in First Congregational Records, supra note 223. Both this and the preceding letter are preserved among a series of documents dealing with tax assessments and church membership.
362. Not until March of 1809 did the Parish Records of First Church reflect an expenditure of $301.63, transferring to Montague the parish rates paid by members of the Episcopal Church in 1807, including the 1807 assessment paid by Fisher Ames. Entry of Mar. 7, 1809, in First Parish Records, supra note 184. See Entries of Mar. 1807-Mar. 1809, in id. 227. The Hollis Professorship of Divinity at Harvard was the oldest endowed university chair in America, established in 1721 by the will of Thomas Hollis, a London merchant with Baptist affiliations. Tappan was the third incumbent of the Chair, well-liked and respected by liberals and orthodox alike. When Tappan died in August, 1803, university President Joseph Willard, himself a moderate Calvinist, apparently hoped another moderate might be chosen. Unfortunately for Willard, the leading candidate was Reverend Henry Ware, minister of Hingham's First Parish, whose Christology was openly Unitarian. In this and in much that follows, I am indebted to WRIGHT, supra note 63, at 252-80 and supra note 168, the latter of which analyzes the personalities and voting patterns in Harvard's governing bodies and provides printed versions of both Reverend John Eliot's and Professor Eliphalet Pearson's accounts of events in the election.
363. Not until March of 1809 did the Parish Records of First Church reflect an expenditure of $301.63, transferring to Montague the parish rates paid by members of the Episcopal Church in 1807, including the 1807 assessment paid by Fisher Ames. Entry of Mar. 7, 1809, in First Parish Records, supra note 184. See Entries of Mar. 1807-Mar. 1809, in id. 227. The Hollis Professorship of Divinity at Harvard was the oldest endowed university chair in America, established in 1721 by the will of Thomas Hollis, a London merchant with Baptist affiliations. Tappan was the third incumbent of the Chair, well-liked and respected by liberals and orthodox alike. When Tappan died in August, 1803, university President Joseph Willard, himself a moderate Calvinist, apparently hoped another moderate might be chosen. Unfortunately for Willard, the leading candidate was Reverend Henry Ware, minister of Hingham's First Parish, whose Christology was openly Unitarian. In this and in much that follows, I am indebted to WRIGHT, supra note 63, at 252-80 and supra note 168, the latter of which analyzes the personalities and voting patterns in Harvard's governing bodies and provides printed versions of both Reverend John Eliot's and Professor Eliphalet Pearson's accounts of events in the election.
364. Foreseeing controversy from Ware's appointment, Willard had procrastinated. More than a year went by without any movement on a candidate; there was dark talk in the Boston newspapers that the university had diverted the Hollis Professor's salary to unauthorized uses. Then, in September, 1804, Willard himself died. To be precise, at Willard's death, Harvard faced three vacancies, since a Fellow of the Corporation died at about the same time as President Willard. The latter vacancy was filled when the Board of Overseers elected Reverend John Eliot as a Fellow. Thus, he was the most junior Fellow of the Corporation in all the deliberations that follow. See WRIGHT, supra note 168, at 247-48; WRIGHT, supra note 60, at 274-77.
365. Foreseeing controversy from Ware's appointment, Willard had procrastinated. More than a year went by without any movement on a candidate; there was dark talk in the Boston newspapers that the university had diverted the Hollis Professor's salary to unauthorized uses. Then, in September, 1804, Willard himself died. To be precise, at Willard's death, Harvard faced three vacancies, since a Fellow of the Corporation died at about the same time as President Willard. The latter vacancy was filled when the Board of Overseers elected Reverend John Eliot as a Fellow. Thus, he was the most junior Fellow of the Corporation in all the deliberations that follow. See WRIGHT, supra note 168, at 247-48; WRIGHT, supra note 60, at 274-77.
366. Ames was elected on December 11, 1805, almost fifteen months after President Willard's death. Entry of Dec. 11, 1805, in Records of the Harvard Corporation 77 (unpublished manuscript, on file with the Harvard University Archives, Pusey Library). Like many compromise candidates, it is unlikely that anyone believed that Ames's presidency would be a long one, since his declining health had been common knowledge since 1796. Thus, the factions probably expected breathing room to regroup for the next round without materially affecting the balance of power.
367. Sidney Willard, son of the recently-deceased President Willard and college librarian in 1805, bore out this reading of Ames's election. Based on his "conversation with the Fellows," Willard reported that the choice of Ames "probably, was made with little expectation that the office would be accepted by him, and might seem to indicate a wish on the part of the majority of the Corporation to escape from the alternative of choosing between two academical Professors." SIDNEY WILLARD, 2 MEMORIES OF YOUTH AND MANHOOD 174 (1855). The lengthy delay was caused by the fact that one of the candidates, Eliphalet Pearson, also sat on the university's governing board. According to Josiah Quincy, writing long after the fact, "To the candidates for the president's chair, proposed by the other members of the Corporation, his opposition was uniform; a decision was consequently postponed until more than a year had elapsed after the death of President Willard." JOSIAH QUINCY, 2 THE HISTORY OF HARVARD UNIVERSITY 268 (1840).
368. Sidney Willard, son of the recently-deceased President Willard and college librarian in 1805, bore out this reading of Ames's election. Based on his "conversation with the Fellows," Willard reported that the choice of Ames "probably, was made with little expectation that the office would be accepted by him, and might seem to indicate a wish on the part of the majority of the Corporation to escape from the alternative of choosing between two academical Professors." SIDNEY WILLARD, 2 MEMORIES OF YOUTH AND MANHOOD 174 (1855). The lengthy delay was caused by the fact that one of the candidates, Eliphalet Pearson, also sat on the university's governing board. According to Josiah Quincy, writing long after the fact, "To the candidates for the president's chair, proposed by the other members of the Corporation, his opposition was uniform; a decision was consequently postponed until more than a year had elapsed after the death of President Willard." JOSIAH QUINCY, 2 THE HISTORY OF HARVARD UNIVERSITY 268 (1840).
369. At least in the privacy of his own diary, one of the participants, Reverend John Pierce of Brookline cast the battle in these terms and was unable to resist crowing about the liberal victory. Writing after the 1810 election of Reverend John Kirkland fully secured the liberals' ascendancy, he commented: The Connecticut clergy, & those who united with them in religious sentiments, appear wounded at this appointment for they consider it hostile to the prevalence of their religious doctrines. No doubt, it is one of the completest triumphs of free inquiry in matters of religion over Calvinian usurpation ever known in the annals of the University. Pierce, Entry of Nov. 1810, 1 Memoirs at 308-09.
370. Letter from Fisher Ames to Eliphalet Pearson (Jan. 5, 1806), in College Papers, Volume 5 (unpublished manuscript, on file with the Harvard University Archives, Pusey Library). The letter, somewhat redacted and bearing the date Jan. 6, 1806, is in 2 WORKS, supra note 19, at 1490-92. Pearson read the letter to the other members of the Harvard Corporation a week later, Entry of Jan. 13, 1806, in Records of the Harvard University Corporation, supra note 229, at 80.
371. Letter from Fisher Ames to Eliphalet Pearson (Jan. 5, 1806), in College Papers, Volume 5 (unpublished manuscript, on file with the Harvard University Archives, Pusey Library). The letter, somewhat redacted and bearing the date Jan. 6, 1806, is in 2 WORKS, supra note 19, at 1490-92. Pearson read the letter to the other members of the Harvard Corporation a week later, Entry of Jan. 13, 1806, in Records of the Harvard University Corporation, supra note 229, at 80.
372. See, e.g., Pierce, Entry of Nov. 1810, 1 Memoirs at 308.
373. The Panoplist reported that not only did Ames favor the use of Isaac Watts's Hymns and the King James Bible, but he "strenously opposed" the introduction of a new collection of hymns into First Church. Tribute, supra note 154, at 94.
374. Id. at 93.
375. Id.
376. Id. at 94.
377. Id. at 94.
378. Kirkland, supra note 19, at 1.
379. Id. at 1-li.
380. Id.
381. Id.
382. Id. at Ii-lii.
383. Id.
384. Id.
385. Id. at li-lii.
386. See 1 Corinthians 9:19-23.
387. Pierce, Entry of July 1810, 1 Memoirs at 289.
388. Pierce, Entry of Nov. 1810, Inauguration of Dr. Kirkland, in 1 Memoirs, at 308.
389. The line runs that the tenets of Unitarianism are limited to "the fatherhood of God, the brotherhood of man, and the neighborhood of Boston."
390. See, e.g., Letter from William Eustis to Henry Dearborn (June 24, 1808), in Miscellaneous Bound Collection, Massachusetts Historical Society ("Yesterday I made a visit to poor Fisher Ames at Dedham. He is almost gone - wasted to a skeleton, and narrowing, as he expressed it, his circle, he cannot remain long - he was very amiable and interesting-more so now than ever. So we go.").
391. Montague, supra note 123, at 247.
392. Tribute, supra note 154, at 94.
393. 16 Mass. 487 (1820).
394. Id. at 488 ("When a majority of the members of a Congregational church separate from a majority of the parish, the members who remain, although a minority, constitute the church in such parish, and retain the rights and property belonging thereto.").