THE FOUNDING · IN THEIR OWN WORDS

No End of It

What the founders saw coming, and why they built anyway

The men who made the American order were not naive about it. In letters, debates, and public addresses they said what their principle would do to the household, the vote, the courts, and the people’s morals, and they said that the order could stand only on a virtue it had no power to produce. This paper lets them speak, sets each warning beside what came, and adds as little as possible. It ends with what the record says about men who saw the cost and built anyway.

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01

Their own words

Our paper Lightning and Thunder Take Time quoted John Adams’s letter of May 1776 warning that the principle of consent would leave “no end of it.” Adams was not alone. Nearly every leading founder left a warning of the same kind, and most of them left it in the same breath as a vote, a signature, or a speech for the order they were warning about.

The entries below are grouped by what the warning concerned. Each gives the words, the occasion, and what followed. Where a warning has not come to pass, we say so.

WHOWHAT HE SAWWHAT CAME
John Adams, 1776Wives and children would claim the consent the men had claimed.Eisenstadt, 1972. Kirchberg, 1981. No-fault divorce.
John Adams, 1776Every claim to the vote would follow, without end.Amendments XIX and XXVI. Harper, 1966.
Morris and Madison, 1787A propertyless majority would hold the vote.Property qualifications abolished.
Adams, Madison, WashingtonThe order rests on a virtue only religion supplies.Prayer and Scripture removed from public schools, 1962–63.
Jefferson and WashingtonLiberty is secure only as the gift of God.Casey, 1992: liberty defined by each man.
Jefferson, 1819The courts would make the Constitution wax.Casey, 1992. Obergefell, 2015.
Franklin and AdamsThe republic ends in despotism or suicide.Not yet.
02

The household

In March 1776 Abigail Adams asked her husband to “remember the ladies” in the new code of laws. He answered on April 14, from Philadelphia.

We have been told that our struggle has loosened the bands of government every where. That children and apprentices were disobedient—that schools and colleges were grown turbulent.
JOHN ADAMS · TO ABIGAIL ADAMS · 14 APRIL 1776

Her letter, he wrote, was the first sign that “another tribe more numerous and powerful than all the rest” had grown discontented. He told her that he could not but laugh at her code, and that “we know better than to repeal our masculine systems,” and he admitted that they were already “little more than theory.”

Six weeks later he told James Sullivan that the principle of consent gave him no answer to the question “Whence arises the right of the men to govern women, without their consent?”

WHAT CAME
The masculine systems were repealed one statute at a time. In Kirchberg v. Feenstra (1981) the Supreme Court struck down Louisiana’s former “head and master” statute, which let a husband manage jointly owned property without his wife’s consent. California’s Family Law Act of 1969 let either spouse end a marriage without proof of fault, and every state followed. In Eisenstadt v. Baird (1972) the Court held that the married couple is “an association of two individuals each with a separate intellectual and emotional makeup.”
03

The vote

There will be no end of it. New claims will arise. Women will demand a vote. Lads from 12 to 21 will think their rights not enough attended to, and every man, who has not a farthing, will demand an equal voice with any other in all acts of state.
JOHN ADAMS · TO JAMES SULLIVAN · 26 MAY 1776

Eleven years later the Constitutional Convention debated who should elect the House of Representatives. Gouverneur Morris, who would write the final text of the Constitution, spoke on August 7, 1787.

Give the votes to people who have no property, and they will sell them to the rich who will be able to buy them.
GOUVERNEUR MORRIS · FEDERAL CONVENTION · 7 AUGUST 1787

He predicted a country of “mechanics and manufacturers who will receive their bread from their employers.” James Madison agreed the same day.

In future times a great majority of the people will not only be without landed, but any other sort of, property. These will either combine under the influence of their common situation; in which case, the rights of property and the public liberty, will not be secure in their hands: or which is more probable, they will become the tools of opulence and ambition.
JAMES MADISON · FEDERAL CONVENTION · 7 AUGUST 1787
WHAT CAME
The Convention left voter qualifications to the states, and the states dropped their property tests over the following century. The Nineteenth Amendment (1920) barred denying the vote on account of sex. In Harper v. Virginia State Board of Elections (1966) the Court held that wealth “is not germane to one’s ability to participate intelligently in the electoral process.” The Twenty-sixth Amendment (1971) gave the vote at eighteen. Every claim Adams listed was granted.
04

A virtue they could not supply

Two days after laughing at Abigail’s code, Adams wrote to the historian Mercy Otis Warren about the kind of government the colonies were about to form.

Such a government is only to be supported by pure religion or austere morals. Public virtue cannot exist in a nation without private, and public virtue is the only foundation of republics.
JOHN ADAMS · TO MERCY OTIS WARREN · 16 APRIL 1776

He told her he had seen such selfishness even in New England that he sometimes trembled to think the prospect of success was doubtful, “not for want of power or of wisdom but of virtue.” In June, the month he was named to the committee to draft the Declaration, he wrote to his cousin Zabdiel Adams, a minister: “Statesmen my dear Sir, may plan and speculate for liberty, but it is religion and morality alone, which can establish the principles upon which freedom can securely stand. The only foundation of a free constitution, is pure virtue.”

Republican government presupposes the existence of these qualities in a higher degree than any other form.
JAMES MADISON · FEDERALIST NO. 55 · 1788
Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. … Reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.
GEORGE WASHINGTON · FAREWELL ADDRESS · 1796
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
JOHN ADAMS · TO THE MASSACHUSETTS MILITIA · 11 OCTOBER 1798
WHAT CAME
The order depended on religion and gave it no public authority. In Everson v. Board of Education (1947) the Court applied the Establishment Clause to the states and held that the wall between church and state “must be kept high and impregnable.” In Engel v. Vitale (1962) it struck down a school prayer that began “Almighty God, we acknowledge our dependence upon Thee,” holding that composing official prayers is “no part of the business of government.” In Abington School District v. Schempp (1963) it struck down devotional Bible reading in public schools. The institution Washington called indispensable was removed from the schools in which the nation formed its citizens.
05

Liberty as the gift of God

In his Notes on the State of Virginia, Thomas Jefferson asked a question about slavery whose premise reaches past it.

And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God?
THOMAS JEFFERSON · NOTES ON THE STATE OF VIRGINIA · QUERY XVIII · 1785

“Indeed I tremble for my country,” he went on, “when I reflect that God is just: that his justice cannot sleep for ever.” Washington made the same claim in his first inaugural address: “the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained.” In the same sentence he described the republic as an “experiment entrusted to the hands of the American people.”

WHAT CAME
In Planned Parenthood v. Casey (1992) the Court located liberty in the individual: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Liberty is no longer received as the gift of God. Each man defines it.
06

The courts

The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.
ALEXANDER HAMILTON · FEDERALIST NO. 78 · 1788

Thirty-one years later Jefferson, writing to the Virginia judge Spencer Roane, said what Hamilton had missed.

The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please.
THOMAS JEFFERSON · TO SPENCER ROANE · 6 SEPTEMBER 1819

He added “an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes.”

WHAT CAME
The Court settled abortion in Casey and marriage in Obergefell v. Hodges (2015), whose majority held that the framers “entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” Chief Justice Roberts, dissenting, said the question had been decided by “five lawyers who happen to hold commissions authorizing them to resolve legal disputes according to law.”
07

The end of it

On the last day of the Convention, September 17, 1787, Benjamin Franklin asked the delegates to sign. His speech was read for him by James Wilson.

I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us … and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other.
BENJAMIN FRANKLIN · FEDERAL CONVENTION · 17 SEPTEMBER 1787

Washington warned in his Farewell Address that the alternate domination of one faction over another, “sharpened by the spirit of revenge,” is itself “a frightful despotism,” and that it “leads at length to a more formal and permanent despotism.” Adams, in retirement, put it most plainly.

Remember Democracy never lasts long. It soon wastes exhausts and murders itself. There never was a Democracy Yet, that did not commit suicide.
JOHN ADAMS · TO JOHN TAYLOR · 17 DECEMBER 1814
WHAT CAME
This warning has not come to pass. We note only that Franklin set the date himself: the order would last as long as the people stayed uncorrupted, and the sections above record what has happened to the supports he and the others said that would require.
08

Why they built anyway

The warnings above were not written by the order’s enemies. They were written by its authors, most of them in the same months they were building it, and each man answered his own warning in one of three ways.

Some laughed. Adams told his wife he could not but laugh at her code, and that the men knew better than to repeal their masculine systems. He had granted the principle that would repeal them, and he trusted that the men who held power would decline to let it work.

Some trusted the people. In the Farewell Address, the counsel Washington gave right after calling religion indispensable was to “promote then, as an object of primary importance, institutions for the general diffusion of knowledge.” Jefferson told William Jarvis in 1820 that he knew “no safe depository of the ultimate powers of the society, but the people themselves,” and that if they lacked the discretion to use it, the remedy was to inform them. Each answer placed the hope of the republic in the people it was meant to govern.

Some signed with all its faults. Franklin told the Convention how the order would end and asked the delegates to sign it. Washington called it an experiment and staked liberty on it.

Christ described this kind of builder. “For which of you, intending to build a tower, sitteth not down first, and counteth the cost, whether he have sufficient to finish it? Lest haply, after he hath laid the foundation, and is not able to finish it, all that behold it begin to mock him, saying, This man began to build, and was not able to finish” (Luke 14:28–30). The founders sat down and counted. Adams wrote that the foundation was virtue, Madison that the form presupposed more of it than any other, Washington that it could not be had without religion, and Adams again that the Constitution was inadequate to any other people. They knew the order could not produce what it required, and they built on what they had inherited from the order they were setting aside.

Scripture calls that trust in man. “Cursed is the man who trusts in man, and will lean his arm of flesh upon him, while his heart departs from the Lord” (Jer. 17:5). “Trust not in princes, nor in the children of men, in whom there is no safety” (Ps. 145:3). The founders did not trust princes. They trusted the children of men to govern themselves, and they said in their own letters that it would hold only as long as those children stayed better than the principle required them to be.

09

Where the argument stops

It does not judge their souls. Several of these men were devout, all of them were brave, and the record here concerns their judgment about government, not their standing before God.

It does not claim they wanted what came. Every one of them would have opposed most of it. The point is that they saw it and went ahead.

It does not claim every government is free of the same dependence. Every order needs a virtuous people. The founders’ order made the people the source of its authority and then said it could not survive them unless they were better than its principle asked them to be.

It quotes them fairly. Jefferson’s question in Query XVIII was asked about slavery, Adams’s letter to his wife was partly in jest, and Franklin expected the Constitution to be well administered for years. The words stand as they were written, and the sources are listed below.

Except the Lord build the house, they that build labour in vain: except the Lord keep the city, the watchman watches in vain.
PSALM 126:1
SOURCES

Texts and editions

SCRIPTURE

Lancelot C. L. Brenton, trans., The Septuagint with Apocrypha (London, 1851), for the Old Testament.

The Holy Bible, King James Version (1611), for the New Testament.

PRIMARY

John Adams to Abigail Adams, 14 April 1776. Adams Family Papers, Massachusetts Historical Society.

John Adams to Mercy Otis Warren, 16 April 1776, in Warren-Adams Letters 1:222–23.

John Adams to James Sullivan, 26 May 1776, in Papers of John Adams 4:208–12.

John Adams to Zabdiel Adams, 21 June 1776, in Adams Family Correspondence 2.

Thomas Jefferson, Notes on the State of Virginia (1785), Query XVIII.

James Madison, Notes of Debates in the Federal Convention, 7 August and 17 September 1787.

James Madison, The Federalist No. 55 (1788). Alexander Hamilton, The Federalist No. 78 (1788).

George Washington, First Inaugural Address, 30 April 1789. Farewell Address, 19 September 1796.

John Adams to the Officers of the First Brigade of the Third Division of the Militia of Massachusetts, 11 October 1798.

John Adams to John Taylor, 17 December 1814. Adams Papers, Massachusetts Historical Society.

Thomas Jefferson to Spencer Roane, 6 September 1819, in Works 12:135–38.

Thomas Jefferson to William C. Jarvis, 28 September 1820. Library of Congress.

CASES AND STATUTES

Constitution of the United States, Amendments XIX (1920) and XXVI (1971).

Everson v. Board of Education, 330 U.S. 1 (1947).

Engel v. Vitale, 370 U.S. 421 (1962).

Abington School District v. Schempp, 374 U.S. 203 (1963).

Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966).

California Family Law Act of 1969.

Eisenstadt v. Baird, 405 U.S. 438 (1972).

Kirchberg v. Feenstra, 450 U.S. 455 (1981).

Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).

Obergefell v. Hodges, 576 U.S. 644 (2015), opinion of the Court and dissent of Roberts, C.J.

Published by Beyond Left and Right. The Old Testament is quoted from Brenton’s translation of the Septuagint and the New Testament from the King James Version. Founders’ spelling, capitalization, and ampersands are modernized except in Franklin’s speech and the letter to John Taylor, which follow the editions cited. Jefferson’s letter to Jarvis is partly paraphrased. Correspondence: contact@beyondleftandright.com

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