Thoughts on Trump’s Proposed “National Garden of American Heroes”

 

Trump Rushmore

At his July 3, 2020 speech at Mount Rushmore, Donald Trump said:

More here.

And here is the text of the executive order:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Purpose.  America owes its present greatness to its past sacrifices.  Because the past is always at risk of being forgotten, monuments will always be needed to honor those who came before.  Since the time of our founding, Americans have raised monuments to our greatest citizens.  In 1784, the legislature of Virginia commissioned the earliest statue of George Washington, a “monument of affection and gratitude” to a man who “unit[ed] to the endowment[s] of the Hero the virtues of the Patriot” and gave to the world “an Immortal Example of true Glory.”  I Res. H. Del. (June 24, 1784).  In our public parks and plazas, we have erected statues of great Americans who, through acts of wisdom and daring, built and preserved for us a republic of ordered liberty.

These statues are silent teachers in solid form of stone and metal.  They preserve the memory of our American story and stir in us a spirit of responsibility for the chapters yet unwritten.  These works of art call forth gratitude for the accomplishments and sacrifices of our exceptional fellow citizens who, despite their flaws, placed their virtues, their talents, and their lives in the service of our Nation.  These monuments express our noblest ideals:  respect for our ancestors, love of freedom, and striving for a more perfect union.  They are works of beauty, created as enduring tributes.  In preserving them, we show reverence for our past, we dignify our present, and we inspire those who are to come.  To build a monument is to ratify our shared national project.

To destroy a monument is to desecrate our common inheritance.  In recent weeks, in the midst of protests across America, many monuments have been vandalized or destroyed.  Some local governments have responded by taking their monuments down.  Among others, monuments to Christopher Columbus, George Washington, Thomas Jefferson, Benjamin Franklin, Francis Scott Key, Ulysses S. Grant, leaders of the abolitionist movement, the first all-volunteer African-American regiment of the Union Army in the Civil War, and American soldiers killed in the First and Second World Wars have been vandalized, destroyed, or removed.

These statues are not ours alone, to be discarded at the whim of those inflamed by fashionable political passions; they belong to generations that have come before us and to generations yet unborn.  My Administration will not abide an assault on our collective national memory.  In the face of such acts of destruction, it is our responsibility as Americans to stand strong against this violence, and to peacefully transmit our great national story to future generations through newly commissioned monuments to American heroes.

Sec. 2.  Task Force for Building and Rebuilding Monuments to American Heroes.  (a)  There is hereby established the Interagency Task Force for Building and Rebuilding Monuments to American Heroes (Task Force).  The Task Force shall be chaired by the Secretary of the Interior (Secretary), and shall include the following additional members:

(i)    the Administrator of General Services (Administrator);

(ii)   the Chairperson of the National Endowment for the Arts (NEA);

(iii)  the Chairperson of the National Endowment for the Humanities (NEH);

(iv)   the Chairman of the Advisory Council on Historic Preservation (ACHP); and

(v)    any officers or employees of any executive department or agency (agency) designated by the President or the Secretary.

(b)  The Department of the Interior shall provide funding and administrative support as may be necessary for the performance and functions of the Task Force.  The Secretary shall designate an official of the Department of the Interior to serve as the Executive Director of the Task Force, responsible for coordinating its day-to-day activities.

(c)  The Chairpersons of the NEA and NEH and the Chairman of the ACHP shall establish cross-department initiatives within the NEA, NEH, and ACHP, respectively, to advance the purposes of the Task Force and this order and to coordinate relevant agency operations with the Task Force.

Sec. 3.  National Garden of American Heroes.  (a)  It shall be the policy of the United States to establish a statuary park named the National Garden of American Heroes (National Garden).

(b)  Within 60 days of the date of this order, the Task Force shall submit a report to the President through the Assistant to the President for Domestic Policy that proposes options for the creation of the National Garden, including potential locations for the site.  In identifying options, the Task Force shall:

(i)    strive to open the National Garden expeditiously;

(ii)   evaluate the feasibility of creating the National Garden through a variety of potential avenues, including existing agency authorities and appropriations; and

(iii)  consider the availability of authority to encourage and accept the donation or loan of statues by States, localities, civic organizations, businesses, religious organizations, and individuals, for display at the National Garden.

(c)  In addition to the requirements of subsection 3(b) of this order, the proposed options for the National Garden should adhere to the criteria described in subsections (c)(i) through (c)(vi) of this section.

(i)    The National Garden should be composed of statues, including statues of John Adams, Susan B. Anthony, Clara Barton, Daniel Boone, Joshua Lawrence Chamberlain, Henry Clay, Davy Crockett, Frederick Douglass, Amelia Earhart, Benjamin Franklin, Billy Graham, Alexander Hamilton, Thomas Jefferson, Martin Luther King, Jr., Abraham Lincoln, Douglas MacArthur, Dolley Madison, James Madison, Christa McAuliffe, Audie Murphy, George S. Patton, Jr., Ronald Reagan, Jackie Robinson, Betsy Ross, Antonin Scalia, Harriet Beecher Stowe, Harriet Tubman, Booker T. Washington, George Washington, and Orville and Wilbur Wright.

(ii)   The National Garden should be opened for public access prior to the 250th anniversary of the proclamation of the Declaration of Independence on July 4, 2026.

(iii)  Statues should depict historically significant Americans, as that term is defined in section 7 of this order, who have contributed positively to America throughout our history.  Examples include:  the Founding Fathers, those who fought for the abolition of slavery or participated in the underground railroad, heroes of the United States Armed Forces, recipients of the Congressional Medal of Honor or Presidential Medal of Freedom, scientists and inventors, entrepreneurs, civil rights leaders, missionaries and religious leaders, pioneers and explorers, police officers and firefighters killed or injured in the line of duty, labor leaders, advocates for the poor and disadvantaged, opponents of national socialism or international socialism, former Presidents of the United States and other elected officials, judges and justices, astronauts, authors, intellectuals, artists, and teachers.  None will have lived perfect lives, but all will be worth honoring, remembering, and studying.

(iv)   All statues in the National Garden should be lifelike or realistic representations of the persons they depict, not abstract or modernist representations.

(v)    The National Garden should be located on a site of natural beauty that enables visitors to enjoy nature, walk among the statues, and be inspired to learn about great figures of America’s history.  The site should be proximate to at least one major population center, and the site should not cause significant disruption to the local community.

(vi)   As part of its civic education mission, the National Garden should also separately maintain a collection of statues for temporary display at appropriate sites around the United States that are accessible to the general public.

Sec. 4.  Commissioning of New Statues and Works of Art.  (a)  The Task Force shall examine the appropriations authority of the agencies represented on it in light of the purpose and policy of this order.  Based on its examination of relevant authorities, the Task Force shall make recommendations for the use of these agencies’ appropriations.

(b)  To the extent appropriate and consistent with applicable law and the other provisions of this order, Task Force agencies that are authorized to provide for the commissioning of statues or monuments shall, in expending funds, give priority to projects involving the commissioning of publicly accessible statues of persons meeting the criteria described in section 3(b)(iii) of this order, with particular preference for statues of the Founding Fathers, former Presidents of the United States, leading abolitionists, and individuals involved in the discovery of America.

(c)  To the extent appropriate and consistent with applicable law, these agencies shall prioritize projects that will result in the installation of a statue as described in subsection (b) of this section in a community where a statue depicting a historically significant American was removed or destroyed in conjunction with the events described in section 1 of this order.

(d)  After consulting with the Task Force, the Administrator of General Services shall promptly revise and thereafter operate the General Service Administration’s (GSA’s) Art in Architecture (AIA) Policies and Procedures, GSA Acquisition Letter V-10-01, and Part 102-77 of title 41, Code of Federal Regulations, to prioritize the commission of works of art that portray historically significant Americans or events of American historical significance or illustrate the ideals upon which our Nation was founded.  Priority should be given to public-facing monuments to former Presidents of the United States and to individuals and events relating to the discovery of America, the founding of the United States, and the abolition of slavery.  Such works of art should be designed to be appreciated by the general public and by those who use and interact with Federal buildings.  Priority should be given to this policy above other policies contained in part 102-77 of title 41, Code of Federal Regulations, and revisions made pursuant to this subsection shall be made to supersede any regulatory provisions of AIA that may conflict with or otherwise impede advancing the purposes of this subsection.

(e)  When a statue or work of art commissioned pursuant to this section is meant to depict a historically significant American, the statue or work of art shall be a lifelike or realistic representation of that person, not an abstract or modernist representation.

Sec. 5.  Educational Programming.  The Chairperson of the NEH shall prioritize the allocation of funding to programs and projects that educate Americans about the founding documents and founding ideals of the United States, as appropriate and to the extent consistent with applicable law, including section 956 of title 20, United States Code.  The founding documents include the Declaration of Independence, the Constitution, and the Federalist Papers.  The founding ideals include equality under the law, respect for inalienable individual rights, and representative self-government.  Within 90 days of the conclusion of each Fiscal Year from 2021 through 2026, the Chairperson shall submit a report to the President through the Assistant to the President for Domestic Policy that identifies funding allocated to programs and projects pursuant to this section.

Sec. 6.  Protection of National Garden and Statues Commissioned Pursuant to this Order.  The Attorney General shall apply section 3 of Executive Order 13933 of June 26, 2020 (Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence), with respect to violations of Federal law regarding the National Garden and all statues commissioned pursuant to this order.

Sec. 7.  Definition.  The term “historically significant American” means an individual who was, or became, an American citizen and was a public figure who made substantive contributions to America’s public life or otherwise had a substantive effect on America’s history.  The phrase also includes public figures such as Christopher Columbus, Junipero Serra, and the Marquis de La Fayette, who lived prior to or during the American Revolution and were not American citizens, but who made substantive historical contributions to the discovery, development, or independence of the future United States.

Sec. 8.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Does Trump think he is building another Trump Tower?

I digress.

Just to reiterate, there will be statues of: John Adams, Susan B. Anthony, Clara Barton, Daniel Boone, Joshua Lawrence Chamberlain, Henry Clay, Davy Crockett, Frederick Douglass, Amelia Earhart, Benjamin Franklin, Billy Graham, Alexander Hamilton, Thomas Jefferson, Martin Luther King, Jr., Abraham Lincoln, Douglas MacArthur, Dolley Madison, James Madison, Christa McAuliffe, Audie Murphy, George S. Patton, Jr., Ronald Reagan, Jackie Robinson, Betsy Ross, Antonin Scalia, Harriet Beecher Stowe, Harriet Tubman, Booker T. Washington, George Washington, and Orville and Wilbur Wright.

Quick thoughts:

1. We should not get too worked-up about this order because there is a chance Trump will be voted out of office in November 2020. In other words, this national garden may never happen.

2. Let’s not get too caught-up in debating who should be “in” and who should be “out.” This is actually what Trump wants to happen. Historians should just ignore these plans. By giving too much attention to this we lend credibility to the proposal. (I know–I should be taking my own advice here!).  This is not a debate over state history and social studies standards.

3. How much will this national garden cost the American taxpayer? If Trump really cares about history he should fund its study in schools. His budgets should provide more money for already existing historic sites and teacher training.

4. Let’s say Trump wins in 2020 and this national garden becomes a reality. Would I visit it? Maybe. But I would not go there to teach my students about the lives of these so-called “heroes.” I rely on my classroom lectures and discussions, primary sources, legitimate public history sites, and good books and articles to do that. I would, however, consider taking students to this place to teach them about the Trump administration much in the same way that I take students to Confederate monuments at Gettysburg to teach them about the Lost Cause. This is what historians mean by contextualizing monuments. Like the Confederate monuments we are fighting over today, monuments often tell us more about the time when they were erected than the moment in history that they commemorate. Confederate monuments were erected in the early 20th century as symbols of white supremacy and Jim Crow. Some of the figures Trump wants to memorialize in his national garden seem like random choices, but others speak volumes about Trump’s America and his 2020 re-election bid.

For example, the founding fathers are revered by Trump’s white conservative base. Good history teachers visiting this garden might say something to their students about founders chic. They might note that on the very day of this executive order millions of Americans were watching a movie-version of a Broadway play about Alexander Hamilton. All of this explains why George Washington, John Adams,  Hamilton, Benjamin Franklin, Thomas Jefferson, and James Madison were chosen. (I don’t know why Dolley Madison was chosen over Martha Washington and Abigail Adams). I am sure Abraham Lincoln was chosen as an honorary founding father.

The African American selections (there are no native Americans) are Martin Luther King Jr.,  Frederick Douglass, Harriet Tubman, Booker T. Washington, and Jackie Robinson. These are all safe choices, although a good history teacher might show this video in preparation for the class trip. There are reasons why W.E.B. Du Bois, Malcolm X, or Barack Obama were not chosen. (Future students will certainly wonder why the first Black president in American history was not selected). When viewed in the larger context of the Trump presidency, a legitimate argument could be made that these men and women were picked in an attempt to show Trump is not a racist.

Trump and his people are obsessed with military strength. We thus get Joshua Lawrence Chamberlain, Audie Murphy, George Patton, Ronald Reagan, and Douglas MacArthur.

And Trump needs his white evangelical base in November. He hopes a statue of Billy Graham, or at least the announcement of such a statue, might help deliver these votes.

Trump has an obsession with space and aviation. (Trump mentioned going to Mars during his Mount Rushmore speech). I would have my students read or watch his recent Cape Canaveral speech before we visited the national garden. We thus get Christa McAuliffe, Amelia Earhart, and the Wright brothers. Frankly, I am surprised he did not pick Charles Lindbergh, an early proponent of “America First.”

Was Henry Clay, the architect of the American System, chosen because of Trump’s infrastructure plans? Future history teachers will tell students that these plans never got off the ground, despite multiple “infrastructure weeks,” because Trump undermined them with tweets and other self-initiated scandals.

And, of course, any historian would have a lot to say about why Antonin Scalia made the cut instead of John Marshall, Thurgood Marshall, Sandra Day O’Connor, Hugo Black, or Oliver Wendell Holmes.

But in the end, I would put money on this national garden of heroes going the way of Trump’s border wall and many of his other grandiose plans.  It won’t happen.

 

Hamilton Mania returns to America. Here are some resources.

Hamilton logo

I have yet to see the Hamilton movie on Disney+.  We are hoping to watch it as a family next week. This weekend I have been getting flashbacks as I watch historians taking to Twitter to place the musical in historical context.

I saw “Hamilton” on Broadway last December, but I am eager to watch it performed with the original cast. I love everything about Lin-Manuel Miranda’s masterpiece, but after teaching a course titled “The Age of Hamilton” in Fall 2019, reading multiple books on the life of the first Treasury Secretary, and listening to the soundtrack on repeat for months, I grew a little tired of all the Hamilton mania. (An editor even asked me if I was interested in writing a religious biography of Hamilton).

So I am not going to write anything original here at the blog. But if you are interested in digging deeper into the life of Alexander Hamilton, here are some resources from previous posts. They are filled with links. Enjoy!

Lin-Manuel Miranda’s AP U.S. History masterclass

The Hamilton Education Program (EduHam) is available through the Gilder-Lehrman Institute of American History until August.

This was a fun quarantine video from the cast.

Annie cried at the end of the “Age of Hamilton.”

And here is Annie at the start of the semester.

Ron Chernow, the author of the Hamilton biography that inspired the musical, spoke at the White House Correspondents Dinner.

Julianne Johnson wrote for us about a session on the musical at the 2018 meeting of the Organization of American Historians.

Reeve Hutson offers some suggestions for how to build a course around the musical.

I posted this during hurricane season in 2017.

A comparison of “Hamilton” and “1776”

The Journal of the Early Republic put together a roundtable of historians to reflect on “Hamilton.”

Joe Adelman writes about how he brought the soundtrack to his classroom.

Annette Gordon-Reed reviews the musical.

Peter Manseau discusses the role of religion in “Hamilton”

Sportswriter Joe Posnanski and his daughter saw the musical on Broadway.

Hamilton tourism

How the musical spurred a renewed interest in the first Secretary of the Treasury.

Abigail Adams was not a big Alexander Hamilton fan.

Karen Wulf considers “Hamilton” as part of the genre of “founding histories.”

Hamilton scholar Joanne Freeman reviews the musical.

A group of historians attended Hamilton on Broadway in the summer of 2015.

Thomas Jefferson as the villain.

Ben Carp reviews the musical.

In Episode 68 of The Way of Improvement Leads Home Podcast, historian Lindsay Chervinsky talked about Hamilton’s role in the first presidential cabinet.

Alexander Hamilton’s writings and ideas played an important role in the third impeachment trial in U.S. history. And here.

Ron Chernow thought that Alexander Hamilton would have endorsed the impeachment of Donald Trump.

Annie’s research paper in my “Age of Hamilton” course dealt with his deathbed conversion.

I also brought the musical into my U.S. history survey course.

Thanks to Kyra Yoder for making this poster for my “Age of Hamilton” class.

Kate Brown, an expert on Hamilton’s legal career, visited the Author’s Corner.

Andrew Shankman, an expert on Hamilton’s view of the U.S. Constitution, visited the Author’s Corner.

Did “Hamilton” make “founders chic” acceptable?

Lin-Manuel Miranda gave the plenary address at the 2016 Annual Meeting of the Society of Historians of the Early American Republic.

Here is what happened to me on the first day of my “Age of Hamilton” class. (Hint: It has nothing to do with Alexander Hamilton).

Broadway expert Seth Rudesky deconstructs “The Schuyler Sisters.”

Episode 68: The History of the Presidential Cabinet

Podcast

The members of Donald Trump’s controversial cabinet are regular features of the 24-hour news cycle. He has fired members of his cabinet who challenge his thinking on a host of foreign and domestic issues. Just ask Rex Tillerson, James Mattis, and Jeff Sessions. But how did our first president, George Washington, imagine the role of the cabinet? In this episode, we think historically about this important part of the executive branch with historian Lindsay Chervinsky, author of The Cabinet: George Washington and the Creation of an American Institution.

https://playlist.megaphone.fm?e=ADL7730217358

Chervinsky

Os Guinness’s Appeal to the Past is Deeply Problematic

os guinness

Watch Christian speaker and author Os Guinness deliver a speech titled 1776 vs. 1789: the Roots of the Present Crisis. It is part of an event hosted by the Chuck Colson Center for Christian Worldview.  Someone sent it to me recently.

I have benefited from Guinness’s books, but this particular talk is deeply problematic.

Guinness makes the case that both the English “revolution” of 1642 and the American Revolution were somehow “biblical” in nature. I am not sure how he relates this claim to verses such as Romans 13 or  1 Peter 2:13-17, but I am sure if he had more time he would find a way.  Let’s remember that Romans 13 not only says that Christians must submit to governmental authority, but they must also pay their taxes. I wrote extensively about this in Was America Founded as a Christian Nation: A Historical Introduction. I point you to my discussion there.

Guinness also makes the incredibly simplistic and ahistorical claim that the ideas of the American Revolution flowed from the Bible to John Calvin to John Winthrop and to New England Puritanism. No early American historian would make this claim. The America as “New England-writ large” interpretation has been thoroughly debunked. What is important to Guinness is the “city upon a hill”–the vision of American exceptionalism as extolled by cold warriors (JFK , for example) and popularized by Ronald Reagan and virtually every GOP presidential candidate since.

Guinness also seems to suggest that because America was founded as a Christian nation, and Christianity is a religion of forgiveness, then America should look forward and forget the sins of its past. He even takes a quick shot at the reparations for slavery movement. This reminds me of John Witherspoon, one of Guinness heroes.  In his 1776 sermon, The Dominion of Providence over the Passions of Menthe Scottish born patriot and president of the College of New Jersey made the case that America was morally superior to all other nations, including England. “I cannot help observing,” he wrote, “that though it would be a miracle if there were not many selfish persons among us, and discoveries now and then made of mean and interested transactions, yet they have been comparatively inconsiderable in both number and effect.” The colonies, Witherspoon believed, offered relatively few examples of “dishonesty and disaffection.” This myth of American innocence has been around for a long time. It has blinded people like Guinness from taking a deep, hard look into the dark side of the American past and developing a Christian view of cultural engagement that takes seriously the nation’s sins.

The French Revolution, Guinness argues, was anti-Biblical because it was hostile to religion and informed by the atheism of the French Enlightenment. This is also a very contested claim. As historian Dale Van Kley argued in The Religious Origins of the French Revolutionthe French Revolution had “long-term religious–even Christian–origins.” Guinness’s view also seems to imply that the Enlightenment had nothing to do with the American Revolution. Such a monolithic and reductionist approach to 1776 ignores half a century of historical scholarship. Guinness sounds just like David Barton and the rest of the Christian nationalist historians. He also sounds a lot like his mentor, the late Francis Schaeffer, a Christian thinker who was roundly criticized by an entire generation of evangelical historians, including Mark Noll, George Marsden, and Nathan Hatch. (I cover this story in Was America Founded as a Christian Nation, but I also recommend Barry Hankins’s biography of Schaeffer).

Guinness then argues that the political and cultural divisions in our culture today are explained as a battle between those who follow the spirit of the “biblical” American Revolution and those who follow the spirit of the anti-biblical French Revolution. In order to make such a claim, Guinness needs to simplify and stereotype the character of both revolutions. He fails to acknowledge that there has never been an official or uncontested interpretation of the meaning of the American Revolution. We have been fighting over this for a long time and it is arrogant for Guinness to suggest that he has it all figured out. Just listen to the Hamilton soundtrack. Elementary school kids understand that Jefferson and Hamilton understood the American Revolution differently and had some pretty nasty verbal exchanges as they debated its meaning.

In order for Guinness to offer the cultural critique he tries to make in this video, he must take the Hamiltonian/anti-French side of the 1790s debate and reject the American vision of Jefferson, James Madison, Thomas Paine, James Monroe, and many others. Perhaps he needs to read some books by Gary Nash, Woody Holton, and Edward Countryman. I doubt these social and neo-progressive historians will change his mind, but they might at least convince him that one can study the American Revolution and draw different conclusions about what it set out to accomplish. Heck, even the neo-Whigs like Gordon Wood and Bernard Bailyn, and defenders of Lockean liberalism like Joyce Appleby, did not go so far as to suggest that the American Revolution was “biblical” in nature.

In one of the stranger moments of his presentation, Guinness tries to connect the three ideals of the French Revolution–liberty, fraternity, and equality–with the rise of Marxism, postmodernism, the secularism of the academy, and the American Left. Guinness is not wrong here. But he also seems completely unaware that ideals such as liberty, fraternity, and equality also motivated American reformers who believed that these ideals were part of the legacy of the American Revolution. Anti-federalism, abolitionism, workers’ rights movements, the Civil Rights movement, the Women’s Rights movements, American utopian movements, and many others preached liberty, fraternity, and equality.  But for Guinness, these ideals have “nothing to do” with the legacy of American Revolution “and its biblical roots.”

We should be very, very wary of Guinness’s use of the past. In fact, he is not doing history at all. Guinness takes two highly contested claims–that the American Revolution was Christian and the French Revolution was not–and uses them to build his critique of the American hour. He is using the past to advance a cultural and political agenda and doing it badly. He comes across as just another partisan.

The Hamilton Education Program (EduHam) is Now Free Online

Hamilton logo

Teachers:

EduHam at Home was created in March 2020 in response to the COVID-19 outbreak that forced school closures throughout the country. It is an extension of the Hamilton Education Program (EduHam), which has served more than 200,000 students across the country since 2016. Through EduHam, students study primary source documents from the Founding Era, learn how Lin-Manuel Miranda used such documents to create the musical Hamilton, and finally create their own original performance pieces based on the same material.

EduHam at Home provides a family version of EduHam that can be accomplished outside of a school setting. It will continue to be available through August 2020.

What should you expect from this free program?

  • A personal welcome video from Lin-Manuel Miranda greeting participants, as well as tips and guidance from EduHam teachers to help students create their own work
  • Video highlights from past student performances for examples of what to try at home
  • A wealth of free materials for participants and their families to explore and enjoy, including
    • Videos clips from Hamilton and interviews with Lin-Manuel Miranda, selected cast members, and Ron Chernow, whose biography of Alexander Hamilton inspired the musical
    • A wide selection of primary sources centered on a diverse group of 45 People, 14 Events, and 24 Key Documents

EduHam at Home participants will be invited to submit their own Hamilton-inspired pieces (songs, raps, spoken-word poems, or scenes), and selected student performances will be shared on social media and this website.

If you have any questions, please email eduhamhome@gildlerlehrman.org.

 

Would the Founders Have Recognized GOP Arguments Against Trump’s Removal?

Impeachment Image

As we enter the 2020 election season I have been trying to do more writing for local and regional outlets here in Pennsylvania. This morning I have an op-ed on the impeachment trial at LNP/Lancaster On-Line (formerly Intelligencer Journal-Lancaster New Era).  Here is a taste:

Other Republican senators, including Lamar Alexander of Tennessee, Susan Collins of Maine, Lisa Murkowski of Alaska, Ben Sasse of Nebraska, and Pennsylvania’s own Pat Toomey, argued that Trump’s phone call with the Ukrainian president was “inappropriate,” but did not rise to the level of impeachment.

This last group of senators justified their acquittal votes in two ways.

First, some of them argued that the Founding Fathers would have opposed a partisan impeachment. (No House Republicans supported impeachment.)

This is not true.

In Federalist Paper No. 65, Alexander Hamilton, one of the most prolific defenders of the Constitution during the ratification debates of 1787-1788, predicted that impeachments would always be political. As a result, the Senate should always proceed with caution, prudence and wisdom.

Moreover, the framers of the Constitution would never have referred to an impeachment trial as “bipartisan,” since at the time of its writing there were no political parties in the United States.

The second way that this cohort of Republican senators justified their acquittal vote was by claiming that “the people” should decide whether Trump should be removed from office and this should be done when they cast their ballots during the November presidential election.

The Founding Fathers would not have recognized such an argument.

Read the entire piece here.

Some Context for Adam Schiff’s Hamilton Quote

Hamilton

Adam Schiff opened the first day of arguments in the Trump impeachment trial with a quote from an enclosure in an August 18, 1792 letter from Alexander Hamilton to George Washington.  His choice of texts is getting a lot of attention today.

Hamilton’s enclosure was part of his reply to a July 29, 1792 letter from Washington.
While the president was home at Mount Vernon he heard from fellow Virginians (probably George Mason and Thomas Jefferson) who were critical of the way the Federalist administration was conducting policy and interpreting the Constitution.  Washington asked Hamilton to respond to twenty-one popular criticisms of the Federalist-controlled government.

Washington’s criticism No. 14 read: “That the ultimate object of all this is to prepare the way for a change, from the present republican form of Government, to that of a monarchy; of which the British Constitution is to be the model.”

This was a pretty common Anti-Federalist critique.  It was also common among the members of the Jeffersonian opposition to the Federalist administration after ratification in 1789.  These men believed that the Constitution gave too much power to the national government and relied too heavily upon British political customs.  They feared that Washington, Adams (VP), Hamilton (Secretary of the Treasury), and the members of the Federalist-controlled Congress would replace the President of the United States with some form of monarchy.

These Jeffersonian fears are understandable.  Washington often acted like a king.  And everyone knew that Hamilton was an Anglophile.  During the Constitution Convention Hamilton argued that the newly created executive should have a life term.  This, he believed, was the only way of maintaining order and preventing the people from having too much power.  James Madison, who summarized Hamilton’s six-hour speech at the Constitutional Convention, wrote:

As to the Executive, it seemed to be admitted that no good one could be established on Republican principles.  Was not this giving up the merits on this subject.  The Hereditary interest of the King was so interwoven with that of the Nation, and his personal emoluments so great, that he was placed above the danger of being corrupted from abroad–and at the same time was both sufficiently independence at home, one of the weak sides of Republicans was their being liable to foreign influence & corruption.  Men of little character, acquiring great power become easily the tools of intemedling Neibours, Sweden was a striking instance.  The French & English had each their parties during the late Revolution which was effected by the predominant influence of the former.  What is the inference from all these observations?  That we ought to go as far in order to attain stability and permanency, as republican principles will admit.  Let one branch of the Legislature hold their places for life or at least during good behaviour.  Let the executive also be for life.

Of course Hamilton’s ideas were not adopted. The framers decided that the executive would serve a four-year term. But some thought Hamilton had not fully abandoned his earlier commitment to an executive for life.

Below is an excerpt from Hamilton’s response to George Washington  Hamilton argues that Jeffersonian worries about the Federalists turning the presidency into a monarchy are absurd. The real threat of tyranny is not the current administration and its policies, but the possibility that a leader might emerge who would tap into the passions of the people.  I have highlighted the passage used by Adam Schiff this afternoon.

The idea of introducing a monarchy or aristocracy into this Country, by employing the influence and force of a Government continually changing hands, towards it, is one of those visionary things, that none but madmen could meditate and that no wise men will believe.

If it could be done at all, which is utterly incredible, it would require a long series of time, certainly beyond the life of any individual to effect it. Who then would enter into such plot? For what purpose of interest or ambition?

To hope that the people may be cajoled into giving their sanctions to such institutions is still more chimerical. A people so enlightened and so diversified as the people of this Country can surely never be brought to it, but from convulsions and disorders, in consequence of the acts of popular demagogues.

The truth unquestionably is, that the only path to a subversion of the republican system of the Country is, by flattering the prejudices of the people, and exciting their jealousies and apprehensions, to throw affairs into confusion, and bring on civil commotion. Tired at length of anarchy, or want of government, they may take shelter in the arms of monarchy for repose and security.

Those then, who resist a confirmation of public order, are the true Artificers of monarchy—not that this is the intention of the generality of them. Yet it would not be difficult to lay the finger upon some of their party who may justly be suspected. When a man unprincipled in private life desperate in his fortune, bold in his temper, possessed of considerable talents, having the advantage of military habits—despotic in his ordinary demeanour—known to have scoffed in private at the principles of liberty—when such a man is seen to mount the hobby horse of popularity—to join in the cry of danger to liberty—to take every opportunity of embarrassing the General Government & bringing it under suspicion—to flatter and fall in with all the non sense of the zealots of the day—It may justly be suspected that his object is to throw things into confusion that he may “ride the storm and direct the whirlwind…”

The truth unquestionably is, that the only path to a subversion of the republican system of the Country is, by flattering the prejudices of the people, and exciting their jealousies and apprehensions, to throw affairs into confusion, and bring on civil commotion. Tired at length of anarchy, or want of government, they may take shelter in the arms of monarchy for repose and security.

Hamilton is saying that the real threat to republicanism is a populist demagogue.  You can see why Schiff thought this passage was appropriate for an impeachment trial.

What Did the Founding Fathers Say About Impeachment?

House Managers

House managers in the impeachment trial of President Donald Trump filed their brief to the Senate today.  The brief describes Trump’s behavior with Ukraine “the Framers’ worst nightmare.”

So what did the Framers of the United States Constitution say about impeachment?

Here is a nice summary from the United States Constitution Center:

One of the most hotly debated clauses in the Constitution deals with the removal of federal government officials through the impeachment process. But what did the Founders who crafted that language think about the process and its overall intention?

The need for the ultimate check, and in particular the removal of the President, in a system of checks and balances was brought up early at the 1787 convention in Philadelphia. Constitutional heavyweights such as James Madison, Benjamin Franklin, James Wilson and Gouverneur Morris debated the Impeachment Clause at the convention, and Alexander Hamilton argued for it in The Federalist after the convention.

Today, impeachment remains as a rarely used process to potentially remove the “President, Vice President and all civil Officers of the United States” if Congress finds them guilty of “Treason, Bribery, or other high Crimes and Misdemeanors.”

In all, 19 federal officials have been brought up on impeachment charges by the House of Representatives since 1789, with eight people convicted after a Senate trial. Two Presidents – Andrew Johnson and Bill Clinton – faced Senate trials but were not found guilty by a two-thirds majority of the Senate.

The threat of impeachment remains a power check, at least in theory, against the abuse of power, and it is sometimes discussed in times of political controversy, as well as in cases where there is a clear issue with personal conduct in office. Of the eight persons impeached and convicted in Congress, all were judges who faced charges including perjury, tax evasion, bribery, and in one case, supporting the Confederacy.

At the 1787 convention, delegate Edmund Randolph quickly brought up the subject as part of his Virginia Plan. William Patterson’s rival New Jersey Plan had its own impeachment clause. National Constitution Center scholar-in-residence Michael Gerhardt explained the differences in his book, “The Federal Impeachment Process: A Constitutional and Historical Analysis.”

Read the rest here.

Out of the Zoo: Why I Cried in History Class

hamilton curtain callAnnie Thorn is a sophomore history major from Kalamazoo, Michigan and our intern here at The Way of Improvement Leads Home.  As part of her internship she is writing a weekly column titled “Out of the Zoo.”  It focuses on life as a history major at a small liberal arts college.  In this dispatch, Annie reflects powerfully on the last day of her class on Alexander Hamilton. –JF

Anyone who knows me well knows that it doesn’t take much to make me cry. I shed tears during movies, musicals, worship sets and everything in between. I keep tissues close by at funerals and weddings alike, or if I know I’m going to be laughing really hard. If I’m anxious or overwhelmed, or if someone else is tearing up, I usually cry then too. 

When I took my seat in Frey 241 for the last day of my “Age of Hamilton” class though, I definitely did not expect to be crying by the end. When I entered the room that mid-December morning, the air was thick with excitement. Most of us history majors had finished all of our big assignments for the term, so we could practically taste Christmas break. My friend Chloe chatted excitedly about classmates’ Hamilton research papers, persuading them to let her read their essays in the coming weeks. Even though the fall semester was drawing to a close, Chloe and many others in the class were still hungry to learn everything they could about Alexander Hamilton and the world in which he lived. After wrapping up our discussion of Hamilton’s duel with Aaron Burr at the beginning of the period, Professor Fea launched into a final lecture designed to bring closure to the fifteen-week class. 

Fea, who played the Hamilton soundtrack frequently throughout the course to complement his lectures, thought it would be fitting to finish the semester with the musical’s last song, “Who Lives, Who Dies, Who Tells Your Story.” That’s what we historians do, Professor Fea explained to the class. We tell people’s stories. We’re in constant communication with our own world and worlds gone by. No one is around forever, but we as historians make sure they’re remembered once they’re gone. It is our right, and it is our duty. 

Professor Fea pulled up the lyric video for “Who Lives, Who Dies, Who Tells Your Story” on the projector screen, and the class sat in rare stillness as we watched Lin Manuel Miranda’s words flicker by. It’s impossible to capture the beauty of the song in a few words, but the ballad features several familiar characters voicing their respect for Hamilton and the financial system he created. Hamilton’s wife Eliza steps forward and reveals that she outlived her husband by fifty years. She recounts all the things she’s done to preserve Alexander’s legacy, and even laments that she still may not have done enough. All the while, the ensemble repeatedly voices the song’s title phrase: “Who lives, who dies, who tells your story?”

The students who usually spouted-off Hamilton lyrics with passionate fervor were subdued and somber, singing along quietly. I even heard a few lower voices chiming in from the cluster of boys who usually congregated in the back of the room. I hummed along too, thinking about the lyrics–which alone are enough to bring me to tears–and Professor Fea’s speech a few minutes earlier. I thought about the people’s stories I’ve heard, the one’s I’ve shared myself, and all of those that have yet to be uncovered. In those three and a half minutes I was reminded of how grateful I am to give a voice to the voiceless, and how blessed I will be to teach my students to do the same someday. After blinking away a couple joyful tears, I thanked God for giving me this vocation, this duty to tell people’s stories for the rest of my life. 

Sometimes in the midst of final papers and exams I can forget what an important job historians have. We live, we die, but in the meantime we tell people’s stories. We make sure they’re not forgotten. What a beautiful privilege we have.

What to Expect at the “Evangelicals for Trump” Rally. (Or the People are Always Right).

God's megachurch

Trump will be at a Hispanic Pentecostal megachurch in Miami tomorrow afternoon for an “Evangelicals for Trump” rally.  There has not been a whole lot of details released about who will be present at the event or what Trump will say, but I think we can expect a lot of contractual language.  In other words, Trump will remind evangelicals about his Supreme Court nominations, his pro-life views on abortion, his defense of religious liberty, and his support for Israel and then he will ask evangelicals to vote for him in 2020.  I am expecting that there will be some digs at the Democratic candidates and Christianity Today magazine.

I will be on NBC News Now (live stream) with Alison Morris around 3:15pm tomorrow (January 3rd) to talk about the event.  Trump is scheduled to speak in Miami at 5:00pm.

Court evangelical Robert Jeffress will be in Miami for the event.  He talked about his appearance earlier today on the Todd Starnes Radio Show.  Jeffress makes no bones about the fact that the “Evangelicals for Trump” event is a response to Mark Galli’s Christianity Today editorial calling for Trump’s removal from office.

Starnes mentions “a couple of professors from Oklahoma Baptist University who have been bashing President Trump and his supporters.” (I am guessing that this is a reference Matt Arbo and Alan Noble).  Starnes also references Wayne Grudem’s response to Christianity Today and calls is “terrific.”  He also brings up Beth Moore’s criticism of Trump.  Here is Jeffress’s response: “[Sarcastic laugh] These people are losing such credibility and its very obvious one motivating reason as to why they are against Trump is that they were wrong about Trump and their pride won’t allow them to admit that.”  Jeffress goes on: “It’s those ivory tower elites that just don’t get it….”

I am continually amazed at how this has now turned into a class-based war on “elites.” The assumption is that what “the people” want is always morally correct.  There is some truth to this idea.  This is why many of our founding fathers feared the growth of democracy.  After all, in a democracy 51% becomes the highest moral good.

Let’s remember that the opponents of slavery were “out of touch” with the majority of people of the South in the 1850s.  Martin Luther King was also “out of touch” with the majority of people living in the South in the 1950s and 1960s.  And Andrew Jackson was “in touch” with the people (white males Democratic voters who wanted to settle on Indian lands) when he sent the Cherokee on the “Trail of Tears.”

This morning I was reading Alexander Hamilton’s June 1787 speech at the Constitutional Convention as recorded by Robert Yates.  A taste:

The voice of the people has been said to  be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact.  The people are turbulent and changing; they seldom judge or determine right.  Give therefore to the first class a distinct permanent share in the government.  They will check the unsteadiness of the second, and as they cannot receive any advantage by a change, they therefore will ever maintain good government.  Can a democratic assembly, who annually revolve in the mass of the people, be supposed steadily  to pursue the public good?   Nothing but a permanent body can check the imprudence of democracy.  Their turbulent  and uncontrouling disposition requires checks.

Sometimes I wonder if Hamilton may have been right.

Trump’s Lawyer Writes to Jerry Nadler

Pelosi

Speaker of the House Nancy Pelosi announcing that the House will move forward with the impeachment of Donald Trump

Yesterday Donald Trump’s White House lawyer Pat Cipollone sent a letter to Jerry Nadler, chair of the House Judiciary Committee.  Here it is:

Dear Chairman Nadler:

As you know, your impeachment inquiry is completely baseless and has violated basic principles of due process and fundamental fairness. Nevertheless, the Speaker of the House yesterday ordered House Democrats to proceed with articles of impeachment before your Committee has heard a single shred of evidence.

House Democrats have wasted enough of America’s time with this charade. You should end this inquiry now and not waste even more time with additional hearings. Adopting articles of impeachment would be a reckless abuse of power by House Democrats, and would constitute the most unjust, highly partisan, and unconstitutional attempt at impeachment in our Nation’s history. Whatever course you choose, as the President has recently stated: “if you are going to impeach me, do it now, fast, so we can have a fair trial in the Senate, and so that our Country can get back to business.”

Several thoughts:

1.  House Democrats have heard plenty of evidence.  The suggestion that there is not a “single shred of evidence” is disingenuous.  It actually sounds like Trump wrote that sentence.  Moreover, this impeachment is not “baseless.”  Even Jonathan Turley, the GOP-chosen lawyer who testified earlier this week, agreed that there were things uncovered by the hearings that needed to be explored more fully.  But how can the House go any further when Trump won’t let people like Bolton, Pompeo, Giuliani, and others testify?  This is obstruction of justice.  Last time I checked, obstruction of justice was a crime.

2. While Cippolino is technically right when he says that “House Democrats” are impeaching Trump, it is actually the House of Representatives as a body that will impeach the president. The Constitution says that the House of Representatives have “the sole power of impeachment.”  It does not say that “House Democrats” or “House Republicans” have the power of impeachment.  There will be a vote and the results of that vote will represent the will of the House of Representatives on impeachment.   Plain and simple.

Many pro-Trumpers are saying that the impeachment process is undermining or delegitimizing the 2016 election.  There are many, many problems with such a suggestion.  For example, if you want to talk about undermining elections, one could say that such a belief undermines the midterm elections of 2018.  Let’s face it, in November 2018 the people spoke.  Now the member of the House of Representatives who were elected by the people are doing what they think is best for the republic.

3.  Cippolino complains that this impeachment is the most partisan impeachment in U.S. history.  However we rank the level of partisanship in this impeachment, it is important to remember that partisanship characterized the Johnson and Clinton impeachment as well as the attempt to impeach Nixon. Hamilton even commented on the partisan nature of impeachment in Federalist 65.  I encourage you to read it.

4. Cippolino says that the impeachment of Trump is “unconstitutional.”  This is impossible.  All impeachments are constitutional. The House always has the constitutional right to impeach the president.  It is part of their job description.

5. Let’s face it,  Donald Trump will be the third U.S. president to be impeached.  He will join Andrew Johnson and Bill Clinton in the history books.  He will be named in future classroom lectures and multiple choice tests.  There will be no asterisk next to his name.  Whether or not he is removed from office or not, this will be his legacy.

American History Finds Its Way Into the Impeachment Report

2b571-hamilton

 Alexander Hamilton

Read it the entire impeachment report here. A taste (in bold):

The Framers of the Constitution well understood that an individual could one day occupy the Office of the President who would place his personal or political interests above those of the nation. Having just won hard-fought independence from a King with unbridled authority, they were attuned to the dangers of an executive who lacked fealty to the law and the Constitution. 

Here is Alexander Hamilton in Federalist 75:

But a man raised from the station of a private citizen to the rank of chief magistrate, possessed of a moderate or slender fortune, and looking forward to a period not very remote when he may probably be obliged to return to the station from which he was taken, might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. 

In response, the Framers adopted a tool used by the British Parliament for several hundred years to constrain the Crown—the power of impeachment. Unlike in Britain, where impeachment was typically reserved for inferior officers but not the King himself, impeachment in our untested democracy was specifically intended to serve as the ultimate form of accountability for a duly-elected President. Rather than a mechanism to overturn an election, impeachment was explicitly contemplated as a remedy of last resort for a president who fails to faithfully execute his oath of office “to preserve, protect and defend the Constitution of the United States.”

Accordingly, the Constitution confers the power to impeach the president on Congress, stating that the president shall be removed from office upon conviction for “Treason, Bribery, or other high Crimes and Misdemeanors.” While the Constitutional standard for removal from office is justly a high one, it is nonetheless an essential check and balance on the authority of the occupant of the Office of the President, particularly when that occupant represents a continuing threat to our fundamental democratic norms, values, and laws.

Alexander Hamilton explained that impeachment was not designed to cover only criminal violations, but also crimes against the American people. “The subjects of its jurisdiction,” Hamilton wrote, “are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.”

This comes from Federalist 65.  Read it here.

Similarly, future Associate Justice of the United States Supreme Court James Wilson, a delegate from Pennsylvania at the Constitutional Convention, distinguished impeachable offenses from those that reside “within the sphere of ordinary jurisprudence.” As he noted, “impeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.”

This paragraph comes from James Wilson‘s “Lectures on Law.”

Wilson James

James Wilson

 

Today’s Quote from the Federalist Papers

From Alexander Hamilton in Federalist 75:

However proper or safe it may be in governments where the executive magistrate is an hereditary monarch, to commit to him the entire power of making treaties, it would be utterly unsafe and improper to intrust that power to an elective magistrate of four years’ duration. It has been remarked, upon another occasion, and the remark is unquestionably just, that an hereditary monarch, though often the oppressor of his people, has personally too much stake in the government to be in any material danger of being corrupted by foreign powers. But a man raised from the station of a private citizen to the rank of chief magistrate, possessed of a moderate or slender fortune, and looking forward to a period not very remote when he may probably be obliged to return to the station from which he was taken, might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States

Out of the Zoo: Hamilton’s Deathbed Conversion

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Alexander Hamilton’s grave in Trinity Church Cemetery.

Annie Thorn is a sophomore history major from Kalamazoo, Michigan and our intern here at The Way of Improvement Leads Home.  As part of her internship she is writing a weekly column titled “Out of the Zoo.”  It focuses on life as a history major at a small liberal arts college.  In this dispatch, Annie writes about her paper on Alexander Hamilton’s religious faith. –JF

My “Age of Hamilton” class is well into its second act. After taking a couple weeks to discuss the musical Hamilton, we took a deep dive into the life of America’s 10-dollar founding father. We started off the semester discussing Hamilton’s childhood in the West Indies and his education in New Jersey and New York. Next we paraded through the Revolutionary war alongside Alexander.  Then we discussed his contributions to the Constitution—at the Constitutional Convention and through the 51 Federalist papers that he wrote. At long last we’ve reached what seems to be the pinnacle of the course—Hamilton’s stint as the first secretary of the treasury—and soon enough we will come to Weehawken New Jersey, the stage of his fatal duel with Aaron Burr.

As “Age of Hamilton” reaches its close in the next month or so, my classmates and I will be striving to finish our lengthy research papers for the course. As we scramble to gather sources and organize our thoughts for the assignment, we surely have gained a new understanding of the question Hamilton repeatedly poses: “Why do you write like you’re running out of time?” Nonetheless, our minds are “at work” as we seek to flesh out various aspects of Alexander Hamilton’s life.

As you can imagine, the topics my classmates and I are pursuing for this assignment are quite diverse. My friend Chloe is researching Hamilton’s relationship with fellow revolutionary John Laurens. Another fellow history major is writing on Hamilton’s role in the Battle of Monmouth. My roommate Rachel is learning about 18th-century courtship for her paper, and several more classmates are researching the Reynolds Affair. While all of these potential topics intrigued me, I decided to take the semester to inquire into Alexander Hamilton’s religious faith.

My paper thus far is centered around Hamilton’s “deathbed conversion,” an event which, even after hours of research, still fascinates me. I’ve recently discovered that a large portion of Hamilton’s career was characterized by the apparent absence of religious devotion. Yet, at the end of his life, after a fatal shot through the abdomen from the pistol of Aaron Burr, Hamilton asked multiple times to receive communion from his deathbed. Hamilton first requested the sacraments from Episcopal bishop Reverend Benjamin Moore, who denied Hamilton’s wishes because he did not condone the practice of dueling.  Hamilton then turned to Presbyterian minister John Mason, who, like Moore, also refused. After some time though, Reverend Moore returned to Hamilton’s bedside and obliged to administer communion.

As I worked on this project over the weekend, I’ve realized there is still much work to do. I’ve researched and written some about Hamilton’s exposure to religion throughout his life, and have continued my inquiry into his “deathbed conversion.” Yet, at this point I am left with more questions than answers. What did Hamilton really believe about God? Why were the sacraments so important to him that he still desired them even after being turned down twice? Where will Hamilton spend eternity? Surely not all of these questions belong in my paper, but my research has led me to ask them nonetheless. As I seek solutions to some of these questions, I’m starting to realize that most will not be so easily answered. Some people living today cannot even articulate what they believe about God; therefore it’s no easy task to do the same for someone who died over 200 years ago. Thus, I will try my best to tread carefully, to keep my eyes open, and to do justice to the complexity that defined every aspect of Hamilton’s life, religious and otherwise.

Federalist 65

Context

To the People of the State of New York:

THE remaining powers which the plan of the convention allots to the Senate, in a distinct capacity, are comprised in their participation with the executive in the appointment to offices, and in their judicial character as a court for the trial of impeachments. As in the business of appointments the executive will be the principal agent, the provisions relating to it will most properly be discussed in the examination of that department. We will, therefore, conclude this head with a view of the judicial character of the Senate.

A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective. The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.

The delicacy and magnitude of a trust which so deeply concerns the political reputation and existence of every man engaged in the administration of public affairs, speak for themselves. The difficulty of placing it rightly, in a government resting entirely on the basis of periodical elections, will as readily be perceived, when it is considered that the most conspicuous characters in it will, from that circumstance, be too often the leaders or the tools of the most cunning or the most numerous faction, and on this account, can hardly be expected to possess the requisite neutrality towards those whose conduct may be the subject of scrutiny.

The convention, it appears, thought the Senate the most fit depositary of this important trust. Those who can best discern the intrinsic difficulty of the thing, will be least hasty in condemning that opinion, and will be most inclined to allow due weight to the arguments which may be supposed to have produced it.

What, it may be asked, is the true spirit of the institution itself? Is it not designed as a method of NATIONAL INQUEST into the conduct of public men? If this be the design of it, who can so properly be the inquisitors for the nation as the representatives of the nation themselves? It is not disputed that the power of originating the inquiry, or, in other words, of preferring the impeachment, ought to be lodged in the hands of one branch of the legislative body. Will not the reasons which indicate the propriety of this arrangement strongly plead for an admission of the other branch of that body to a share of the inquiry? The model from which the idea of this institution has been borrowed, pointed out that course to the convention. In Great Britain it is the province of the House of Commons to prefer the impeachment, and of the House of Lords to decide upon it. Several of the State constitutions have followed the example. As well the latter, as the former, seem to have regarded the practice of impeachments as a bridle in the hands of the legislative body upon the executive servants of the government. Is not this the true light in which it ought to be regarded?

Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?

Could the Supreme Court have been relied upon as answering this description? It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as would be called for in the execution of so difficult a task; and it is still more to be doubted, whether they would possess the degree of credit and authority, which might, on certain occasions, be indispensable towards reconciling the people to a decision that should happen to clash with an accusation brought by their immediate representatives. A deficiency in the first, would be fatal to the accused; in the last, dangerous to the public tranquillity. The hazard in both these respects, could only be avoided, if at all, by rendering that tribunal more numerous than would consist with a reasonable attention to economy. The necessity of a numerous court for the trial of impeachments, is equally dictated by the nature of the proceeding. This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors, or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security. There will be no jury to stand between the judges who are to pronounce the sentence of the law, and the party who is to receive or suffer it. The awful discretion which a court of impeachments must necessarily have, to doom to honor or to infamy the most confidential and the most distinguished characters of the community, forbids the commitment of the trust to a small number of persons.

These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a court of impeachments. There remains a further consideration, which will not a little strengthen this conclusion. It is this: The punishment which may be the consequence of conviction upon impeachment, is not to terminate the chastisement of the offender. After having been sentenced to a prepetual ostracism from the esteem and confidence, and honors and emoluments of his country, he will still be liable to prosecution and punishment in the ordinary course of law. Would it be proper that the persons who had disposed of his fame, and his most valuable rights as a citizen in one trial, should, in another trial, for the same offense, be also the disposers of his life and his fortune? Would there not be the greatest reason to apprehend, that error, in the first sentence, would be the parent of error in the second sentence? That the strong bias of one decision would be apt to overrule the influence of any new lights which might be brought to vary the complexion of another decision? Those who know anything of human nature, will not hesitate to answer these questions in the affirmative; and will be at no loss to perceive, that by making the same persons judges in both cases, those who might happen to be the objects of prosecution would, in a great measure, be deprived of the double security intended them by a double trial. The loss of life and estate would often be virtually included in a sentence which, in its terms, imported nothing more than dismission from a present, and disqualification for a future, office. It may be said, that the intervention of a jury, in the second instance, would obviate the danger. But juries are frequently influenced by the opinions of judges. They are sometimes induced to find special verdicts, which refer the main question to the decision of the court. Who would be willing to stake his life and his estate upon the verdict of a jury acting under the auspices of judges who had predetermined his guilt?

Would it have been an improvement of the plan, to have united the Supreme Court with the Senate, in the formation of the court of impeachments? This union would certainly have been attended with several advantages; but would they not have been overbalanced by the signal disadvantage, already stated, arising from the agency of the same judges in the double prosecution to which the offender would be liable? To a certain extent, the benefits of that union will be obtained from making the chief justice of the Supreme Court the president of the court of impeachments, as is proposed to be done in the plan of the convention; while the inconveniences of an entire incorporation of the former into the latter will be substantially avoided. This was perhaps the prudent mean. I forbear to remark upon the additional pretext for clamor against the judiciary, which so considerable an augmentation of its authority would have afforded.

Would it have been desirable to have composed the court for the trial of impeachments, of persons wholly distinct from the other departments of the government? There are weighty arguments, as well against, as in favor of, such a plan. To some minds it will not appear a trivial objection, that it could tend to increase the complexity of the political machine, and to add a new spring to the government, the utility of which would at best be questionable. But an objection which will not be thought by any unworthy of attention, is this: a court formed upon such a plan, would either be attended with a heavy expense, or might in practice be subject to a variety of casualties and inconveniences. It must either consist of permanent officers, stationary at the seat of government, and of course entitled to fixed and regular stipends, or of certain officers of the State governments to be called upon whenever an impeachment was actually depending. It will not be easy to imagine any third mode materially different, which could rationally be proposed. As the court, for reasons already given, ought to be numerous, the first scheme will be reprobated by every man who can compare the extent of the public wants with the means of supplying them. The second will be espoused with caution by those who will seriously consider the difficulty of collecting men dispersed over the whole Union; the injury to the innocent, from the procrastinated determination of the charges which might be brought against them; the advantage to the guilty, from the opportunities which delay would afford to intrigue and corruption; and in some cases the detriment to the State, from the prolonged inaction of men whose firm and faithful execution of their duty might have exposed them to the persecution of an intemperate or designing majority in the House of Representatives. Though this latter supposition may seem harsh, and might not be likely often to be verified, yet it ought not to be forgotten that the demon of faction will, at certain seasons, extend his sceptre over all numerous bodies of men.

But though one or the other of the substitutes which have been examined, or some other that might be devised, should be thought preferable to the plan in this respect, reported by the convention, it will not follow that the Constitution ought for this reason to be rejected. If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert. Where is the standard of perfection to be found? Who will undertake to unite the discordant opinions of a whole commuity, in the same judgment of it; and to prevail upon one conceited projector to renounce his INFALLIBLE criterion for the FALLIBLE criterion of his more CONCEITED NEIGHBOR? To answer the purpose of the adversaries of the Constitution, they ought to prove, not merely that particular provisions in it are not the best which might have been imagined, but that the plan upon the whole is bad and pernicious.

PUBLIUS.

Source

For more context I recommend this book.

Chernow: Alexander Hamilton Would Have Endorsed the Impeachment of Trump

2b571-hamiltonHamilton biographer Ron Chernow weighs-in on impeachment at The Washington Post.  Here is a taste:

President Trump has described the impeachment proceedings as a “coup,” and his White House counsel has termed them “unconstitutional.” This would come as a surprise to Alexander Hamilton, who wrote not only the 11 essays in “The Federalist” outlining and defending the powers of the presidency, but also the two essays devoted to impeachment.

There seems little doubt, given his writings on the presidency, that Hamilton would have been aghast at Trump’s behavior and appalled by his invitation to foreign actors to meddle in our elections. As a result, he would most certainly have endorsed the current impeachment inquiry. It’s not an exaggeration to say that Trump embodies Hamilton’s worst fears about the kind of person who might someday head the government.

Among our founders, Hamilton’s views count heavily because he was the foremost proponent of a robust presidency, yet he also harbored an abiding fear that a brazen demagogue could seize the office. That worry helps to explain why he analyzed impeachment in such detail: He viewed it as a crucial instrument to curb possible abuses arising from the enlarged powers he otherwise championed.

Read the rest here.

“My Folly makes me ashamd and I beg you’ll Conceal it”

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I love teaching this letter.  In his first extant piece of writing, Alexander Hamilton writes from St. Croix to his childhood friend Edward Stevens in New York City.  He reveals his ambitions, but is ashamed that he has them.  There is a lot to unpack here.  It also works very well when paired with Hamilton’s reflection on the 1771 St. Croix hurricane.

Dear Edward,

 

This just serves to acknowledge receipt of yours per Cap Lowndes which was delivered me Yesterday. The truth of Cap Lightbourn & Lowndes information is now verifyd by the Presence of your Father and Sister for whose safe arrival I Pray, and that they may convey that Satisfaction to your Soul that must naturally flow from the sight of Absent Friends in health, and shall for news this way refer you to them. As to what you say respecting your having soon the happiness of seeing us all, I wish, for an accomplishment of your hopes provided they are Concomitant with your welfare, otherwise not, tho doubt whether I shall be Present or not for to confess my weakness, Ned, my Ambition is prevalent that I contemn the grov’ling and condition of a Clerk or the like, to which my Fortune &c. condemns me and would willingly risk my life tho’ not my Character to exalt my Station. Im confident, Ned that my Youth excludes me from any hopes of immediate Preferment nor do I desire it, but I mean to prepare the way for futurity. Im no Philosopher you see and may be jusly said to Build Castles in the Air. My Folly makes me ashamd and beg youll Conceal it, yet Neddy we have seen such Schemes successfull when the Projector is Constant I shall Conclude saying I wish there was a War.

Yours

Alex Hamilton

Out of the Zoo: “The Age of Hamilton”

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English major Rachel Hungerford, theater major Brooklyn Duttweiler, and history major Chloe Kauffman strike a signature Schuyler sisters pose before “Age of Hamilton” on Monday.

Annie Thorn is a sophomore history major from Kalamazoo, Michigan and our intern here at The Way of Improvement Leads Home.  As part of her internship she is writing a weekly column for us titled “Out of the Zoo.”  It focuses on life as a history major at a small liberal arts college.  In this dispatch, Annie talks about her “Age of Hamilton” class at Messiah College. 🙂  –JF

I remember the first time I listened to the Hamilton soundtrack in the fall of 2015. It was my sophomore year, and I was deep in the throes of my musical theater phase. During this unique period of my life I exclusively listened to show tunes, spent all my money on seeing musicals, and obsessed over all things Broadway. Into this era of my life entered Hamilton.

If I remember correctly, I first discovered Hamilton on Instagram when a promotional video for the show popped up on my explore page. After watching Lin Manuel Miranda and his cast of diverse founding fathers hip-hop dance across my phone screen I turned to my mom and told her excitedly, “I think there’s a new musical about Alexander Hamilton!”

I spent the entirety of the next day listening to the soundtrack non-stop. Soon enough I knew all the words by heart, and couldn’t resist bursting into song whenever someone mentioned the show or said anything that remotely reminded me of it. A year later, I even got the chance to see the musical in Chicago, the day after Donald Trump claimed the presidency (my sister wrote a reflection on our experience here). With the passage of time, though, the Hamilton lyrics I memorized gradually faded back into the recesses of my mind–that is, until I registered for Professor Fea’s “Age of Hamilton” course.

As I entered Frey 241 last Wednesday, I soon realized that “Age of Hamilton” might be the most diverse upper level history course I’ll ever take at Messiah. Usually, non-history majors and minors steer clear of challenging history classes, but this course proves an exception. While a little over half half of those I observed in class on the first day were history majors, seats were filled by students from across the academic spectrum–some were theater majors, others study English or Biblical and Religious Studies, still another is pursuing a future in athletic training. Thanks to Lin Manuel Miranda, now everyone loves Alexander Hamilton–not just the history majors. I anticipate that our class discussions will be deeply enriched by the variety of perspectives students bring to the table.

The second day of class we discussed Hamilton as a form of “people’s history.” As a preview to his lecture Professor Fea showed us a YouTube clip from the 2009 White House poetry jam, during which Lin Manuel-Miranda performed an early version of Hamilton‘s opening number. My friend Rachel and I smiled sheepishly at each other when we heard Miranda’s unique voice ring through the speakers. Immediately several students began to mouth the lyrics to each other, and soon enough the entire classroom burst into song.

It still baffles me that students from across disciplines will gather every Monday, Wednesday, and Friday to learn about the United States’ first secretary of the treasury. Who knew that, because of a musical of all things, so many people would be able to rap about Hamilton’s immigration from the West Indies to New York. Soon enough though, our class will be able to do so much more than spout off song lyrics about Alexander Hamilton. Instead, we will gain a deep and thorough understanding of who he really was. While we will certainly continue to discuss the Hamil-mania that has swept the nation, we won’t be satisfied by a staged portrayal of his existence. Rather, we will read Hamilton’s words, discuss them, and wrestle with the complexities that defined his life. This class will surely broaden all of our horizons.