Wednesday, February 20, 2019


PRESBYTERIAN FOUNDERS
of the United States of America
by William J. Skinner
Presbyterians were among the immigrants to the American Colonies during the 1600s and 1700s. They came from England, Ireland, Scotland and other places to help settle the United States. There also were Episcopalians/Anglicans, Congregationalists, Lutherans, Quakers, Dutch Reformed and fewer numbers of Huguenot, Unitarian, Methodist and Calvinists in the population. There were even a few Jews in New York escaped from Brazil expecting problems from the Spanish and others.  In 2019 the Presbyterians have splintered like other denominations and they no longer bear an outsized part in governmental affairs.  Nevertheless, their success in helping to found the USA should be remembered as an example to follow as temptations always challenge the country.

            This summary review concerns only those who were known to be Presbyterian. The religion of many participants in the Founding of the United States was not known and cannot now be determined without more extensive research than has been done. “So strong was the power of religious orthodoxy to compel uniformity in eighteenth-century America that the Founding Fathers obsessively concealed their religious opinions, if tinctured ever so slightly by the unconventional. The result has been a cottage industry among historians trying to puzzle out the religious convictions of the Founders, leading to a stream of publications on such topics as ‘Was Alexander Hamilton a Christian Statesman?’” 1

            The religion of many Founders is unknown, probably because they preferred it that way. Remember the old saying, “Religion and politics should not be discussed at the dinner table.” This played a much larger role in etiquette in the 18the century. But there were also evangelists among the population causing Enlightenment, revivals and conversions during the years leading to the founding of the United States.

            What is known about Presbyterians comes from multiple sources. These sources are attributed in this paper when possible. While most of the Presbyterians who took part in the Revolutionary War and the several first meetings were men, the women played a very large part in taking care of the home and children while the men attended the meetings and fought the subsequent Revolutionary War.  Rev. Dr. John Witherspoon, the only minister to sign the Declaration of Independence, for example had two wives, the first gave him five children as did the second. Only five children survived.  We know that Martha Washington was with George Washington in Valley Forge before the battles became favorable to the Colonial Army. Abigail Adams was home with the boys while John Adams was in England as Ambassador. Other women were at home doing their part during all of Revolutionary period. Some of the Founders (men and women) did not survive the conflicts and founding of our Nation.

         The Founders were people who were elected to be delegates from individual Colonies, signers of documents at special meetings, and those at home who arose to the occasion and supported the groundswell to establish a new and independent nation. Founders include those who struggled for years against the British. With the Revolutionary War, starting in 1776, through the War of 1812, ending in 1814, there were hundreds of members of the Continental Congress, under the Confederation, and the Congress under the Constitution. This also means there were hundreds and probably thousands in each state for all those years that should be considered Founders.  Some of these people had roles and made efforts that we will never know. But all are saluted and remembered as we can in order to do justice to their participation in a great experiment of founding a Government of, by and for the people for the first time in the history of the world.

          Partly because of what others say about your religion is enough of a reason to keep it private. For example, John Adams wrote to Alexander Johnson, March 24, 1824 to comment on Presbyterians. “I can not concur, however, in your preference in Presbyterianism. The presbytery have too much priestly Authority in matters of faith like that which is claimed by the Episcopal Church. And the doctrine of both the Churches are too Calvinistical for me as well as too hierarchial.” Adams Papers (microfilm) reel 124, Library of Congress. 2

Another example is Thomas Jefferson’s writings about Presbyterian clergy. “The Presbyterian clergy are the loudest, the most intolerant of all sects, the most tyrannical, and ambitious; ready at the word of the lawgiver, if such a word could now be obtained, to put the torch to the pile, and to rekindle in this virgin hemisphere, the flames which their oracle Calvin consumed the poor Servetus, because he could not find in his Euclid the proposition which has demonstrated that three are one, and one is three, nor subscribe to that of Calvin that magistrates have a right to exterminate all heretics to Calvinistic creed. They pant to reestablish by law that holy inquisition, which they can only now infuse into public opinion.” Thomas Jefferson to William Short, April 13, 1820.  3

One website (www.adherents.com) study of these men assigns the title “Founding Fathers” to 204 unique individuals. 4   Some had multiple roles. This number is the size of a medium sized Presbyterian church in 2010.  Today there are many smaller churches and a few mega churches.

These 204 people did one or more of the following:
-          Signed the Declaration of Independence
-          Signed the Articles of Confederation
-          Attended the Constitutional Convention of 1787
-          Signed the Constitution of the United States of America
-          Served as Senators in the First Federal Congress (1789-1791)
-          Served as U.S. Representatives in the First Federal Congress

Of the 204 there were 35 Presbyterians (about 1/6th of the total) which was more than any other group except Episcopalians/Anglicans with 88 persons. Many of the Colonies supported the Anglican Churches with taxes, a practice that ended after the founding of the country.  Presbyterians were supported by personal contributions and missionary donations from Europe and no evidence has been found that colony or state taxes ever supported them.

Among the Signers of the Declaration of Independence and the delegates to the Constitutional Convention the religious affiliations of all are identified. However, among signers of the Articles
of Confederation there are 18 protestants with their denomination unknown. Among the first U.S. Congress the religious affiliations of 5 Senators and 20 House members is unknown.

Listed below are the 35 Presbyterians among the 204 Founders defined above.

Signers of the Declaration of Independence indicated with an asterisk * listed in different signing categories
  

     James Wilson of Pennsylvania (also Episcopalian and Deist) *Lawyer -  Died 8/21/1798
Thomas McKean of Delaware* Lawyer - Died 6/24/1817
Mathew Thornton of New Hampshire Physician Died 6/24/1803
Abraham Clark of New Jersey Lawyer/Surveyor Died 9/15/1794
John Hart of New Jersey Land Owner Died 5/11/1779
Richard Stockton of New Jersey Lawyer Died 2/28/1781
John Witherspoon of New Jersey Minister Died 11/15/1794
William Floyd of New York Land Speculator Died 8/4/1821
Phillip Livingston of New York Merchant Died 6/12/1778
James Smith of Pennsylvania Lawyer Died 7/11/1806
George Taylor of Pennsylvania Merchant Died 2/23/1781
Benjamin Rush of Pennsylvania Physician Died 4/19/1813

Signers of the Articles of Confederation

Thomas McKean of Delaware* -       Lawyer - Died 6/24/1817

John Witherspoon of New Jersey*-  Minister - Died 11/15/1794

John Walton of Georgia -                     Planter Died 1783
Nathaniel Scudder of New Jersey Physician Died 10/17/1781

Delegates to the Constitutional Convention Signing Delegates

Abraham Baldwin of Georgia (also a Congregationalist) Minister5/Lawyer died 3/4/1807
William Samuel Johnson of Connecticut (also an Episcopalian) Lawyer died 11/14/1789
William Blount of North Carolina (also an Episcopalian) Politician Died 3/21/1800
    .James Wilson of Pennsylvania (also an Episcopalian and Deist)* -Lawyer –Died 8/21/1797
Gunning Bedford, Jr. of Delaware Lawyer Died 3/30/1812
James McHenry of Maryland Physician Died 5/3/1816
William Livingston of New Jersey Lawyer Died 7/25/1790
William Paterson of New Jersey Lawyer Died 9/9/1806
Hugh Williamson of North Carolina Educator Died 5/22/1819
Jared Ingersoll of Pennsylvania Lawyer Died 10/31/1822
Alexander Hamilton of New York (also was raised as a Huguenot (Presbyterian) and
was also an Episcopalian) Lawyer Died 7/12/1804
Jonathan Dayton of New Jersey (also an Episcopalian) - Lawyer Died 10/9/1824
John Blair of Virginia (also an Episcopalian) - Lawyer Died 8/31/1800

Non-Signing Delegates

     James McClurg of Virginia Physician Died 7/9/1823  

     William C. Houston of New Jersey Teacher Died 8/12/17

William R. Davie of North Carolina Lawyer Died 11/29/1820
Alexander Martin of North Carolina Politician Died 11/2/1807

First U.S. Congress

Senators
Jonathan Elmer of New Jersey Physician Died 9/3/1817
William Paterson of New Jersey* - Lawyer Died 9/9/1806

House of Representatives

Benjamin Bourne of Rhode Island Lawyer Died 9/17/1808
William Smith of Maryland Merchant Died 3/27/1814
Hugh Williamson of North Carolina*– Educator Died 5/22/1819
Elias Boudinot of New Jersey -- Lawyer Died 10/24/1821 ** See Footnote 4, above.

   


Other Presbyterian Founders


Second President of Continental Congress under Articles of Confederation
            Elias Boudinot of New Jersey a Delegate and a Representative from New Jersey; born in Philadelphia, Pa., May 2, 1740; received a classical education; studied law; was admitted to the bar in 1760 and commenced practice in Elizabethtown, N.J.; member of the board of trustees of Princeton College 1772- 1821; member of the committee of safety in 1775; commissary general of prisoners in the Revolutionary Army 1776-1779; Member of the Continental Congress in 1778, 1781, 1782 and 1783, serving as President in 1782 and 1783, and signing the treaty of peace with England; resumed the practice of law; elected as a Pro-Administration candidate to the First, Second, and Third Congresses (March 4, 1789-March 3, 1795); was not a candidate for renomination in 1794 to the Fourth Congress; Director of the Mint from October 1795 to July 1805, when he resigned; elected first president of the American Bible Society, in 1816; died in Burlington, Burlington County, N.J., October 24, 1821; interment in St. Mary’s Protestant Episcopal Church Cemetery. 6

            “The Huguenot progenitor [Elias’ grandfather] of the Boudinot family in this country left his ancestral home in Marans, near La Rochelle, famous in the wars of the League, immediately upon the revocation of the Edict of Nantes, and settled with his family in the city of New York, in 1687, where he was one of the founders of the French church, and its first elder. It is a suggestive incident that among the acts of hostility to which he had been subject before his emigration, was a judicial prosecution for employing a private tutor of the Reformed faith in the education of his children.”

            “Elias Boudinot, third in direct descent from this ancestor, was born in 1740, and was baptized by the Rev. George Whitefield. He studied law at Princeton with Richard Stockton, signer of the Declaration of Independence, who had married his elder sister. At the age of twenty he commenced the practice of his profession at Elizabethtown, where, two years after, he married the sister of Mr. Stockton. Attached to the Presbyterian Church, he was made president of its board of trustees when only twenty-five years of age. Elizabethtown was at this time the home of William Peartree Smith, William Livingston, and other eminent Jersey men, leaders in the stirring strife of the times, and through them it [the town] had become the center of the patriotic movement throughout New Jersey. Into this movement Boudinot entered with enthusiasm, and began that career of public service which lasted nearly to the close of his life.” From the website: www.americanbiblehistory.com/boudinot-  tablet.html

            This man did some interesting things during his career. On September 25, 1789, the day after the House of Representatives approved the Bill of Rights in its final form, the pious Elias Boudinot, president of the Congress, 1782-83, announced to his colleagues that he could not ‘think of letting the session pass over without offering an opportunity to all of the citizens of the United States of joining, with one voice, in returning to Almighty God their sincere thanks for the many blessing that He poured down upon them. Boudinot, therefore, moved that the House and Senate request the President to ‘recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging, with grateful hearts, the many signal favors of God.’”

            “Only two congressmen went on record as opposing Boudinot’s motion, Aedanus Burke of South Carolina (1743-1802) and his colleague Thomas Tucker (1745- 1828), who took the ‘strict separationist’ position that proclaiming a national day of thanksgiving ‘is a business with which Congress have nothing to do; it is a religious matter, and, as such, is proscribed to us. Tucker was answered by Roger Sherman (1721-1793), who observed that the ‘practice of thanksgiving [was] warranted by a number of precedents in Holy Writ,’ which he mentioned, and were an ‘example worthy of Christian imitation on the present occasion.’ Boudinot concluded by citing ‘further precedents from the practice of the late Congress’ which, of course, had approved a whole series of thanksgiving and first day proclamations. Boudinot’s motion pass both houses of Congress with only two recorded objections, and on October 3, 1789, George Washington issued a proclamation recommending that the American people, on November 26, thank God for his ‘signal and manifold mercies, and the favorable impositions of his providence’ as well as to beseech Him ‘to pardon our national and other transgressions.” 7

            Washington, Franklin and others encouraged Thomas Paine to write about the transgressions of the British in his booklet Common Sense which spread the word about reasons to fight for independence during 1776. Paine used Biblical arguments in Common Sense that did not hint of criticism of the Bible or suggest that Paine was a Deist. Paine used the “Render unto Caesar the things that are Caesar’s” argument, he used Matthew 22:21, and he used Judge 8:22-23 describing the King of Heaven being Israel’s proper sovereign. However, later in life Paine became a thorn in the side of Christianity and his views about it changed. Paine wrote another book, Age of Reason, in 1794, after the drafting and passage of the Constitution and Bill of Rights. Jefferson, Adams, Benjamin Rush, John Jay and Benjamin Franklin did not support Paine’s publication of this new book. Paine in late life expressed a request to be buried in a Quaker cemetery, but the Society of Friends denied his request. Paine had fallen out of favor in his last years.

            After a few years of waiting for a real Biblical scholar to write a refutation of Paine’s book, Boudinot who was Director of the U.S. Mint and still on the Board at Princeton University where he had also taught some courses, decided that he must write to refute Paine’s book. Boudinot wanted to explain the “essential facts of the Gospel, which are contradicted, or attempted to be turned into ridicule, by” Paine. “I have endeavored to detect his falsehoods and misrepresentations, and to show his extreme ignorance of the divine scriptures, which he makes the subject of his animadversions not knowing that ‘they are the power of God unto salvation, to everyone that believeth.’” 8          Boudinot’s book is a theological dissection of Paine’s new book Age of Reason.

            Boudinot knew and loved the Bible.  Working with several of the Founders, Boudinot donated $10,000 to the American Bible Society (ABS) and served as its first president from 1816 to his death in 1821. John Jay was a vice president of the ABS under Boudinot and became president of ABS in 1821 at Boudinot’s death. Jay was the first chief justice of the Supreme Court of the United States from 1789 to 1794 when Jay was selected by Washington to negotiate a treaty with Great Britain. Interestingly, Francis Scott Key, the writer of the United States’ National Anthem, was a Vice President of the organization from 1817 until his  death in 1843. So Boudinot, Jay, and Key were among the supporters of spreading the Gospel with Bibles.

Ministers
            James Caldwell born in Cub Creek, Virginia, in April 1734 and graduated from the College of New Jersey (later became Princeton University) in 1759  9. He inherited 500 acres in Cub Creek, but became pastor of the Presbyterian Church in Elizabethtown, New Jersey. He was active for the patriots and was known as the “soldier parson.” His church and house was burned by Loyalists in 1780. His wife Hannah was at home with a 3 year-old and a toddler when she was shot through a bedroom window on June 7 by British gunfire. James Caldwell was with the military at Morristown at the Battle of Connecticut Farms (now Union, New Jersey) at the time.

            During the climactic Battle of Springfield, in New Jersey, 6000 Crown forces attacked from Staten Island, via Elizabethtown. A force of 2000 Continentals and New Jersey Militia stopped Gen. Knyphausen with a defense bolstered by James Caldwell.  When Caldwell joined the battle, the British were being given a sound beating, but one of the patriot companies ran out of paper wadding. James called for the company to retreat back to the Presbyterian Church where he ran in and grabbed all of the Isaac Watts hymnals. He rushed back outside and began slinging the hymnals to the soldiers saying fill the British with doctrine from the hymnals” and “Give ‘Em Watts, Boys!” “Put Watts into ‘em, Boys!”

            Caldwell was killed by a sentry when he refused to open a package in Elizabethtown. The sentry, James Morgan, was hanged for murder on January 29, 1782. There were nine orphaned children raised by friends. Source: http//en.wikipedia.org/wiki/James Caldwell_ (clergyman)

Other Ministers
                There was a religious fervor immediately after the new government was established. The western states held revivals in the forests that were called camp meetings. Presbyterian ministers were some of the biggest promoters of these events. Cane Ridge in Bourbon County, Kentucky, was the site of 25,000 people coming together in August 1801 with eighteen Presbyterian ministers and several Baptist and Methodist ministers using stumps and logs for pulpits.

                Like Rev. George Whitefield, the Anglican who started the earlier revival in the middle of the 18th Century, these men were seeking more conversions than membership in denominations. Presbyterian ministers were puzzled about all of the physical manifestations that these events caused among the people wringing of hands, becoming pale as death, lying on the ground and lifting up their eyes to Heaven and crying for mercy, the head “jerks,” the “barking” to chase the devil up a tree. Some of this caused enough bad publicity that the Presbyterians and Baptists discontinued the camp meetings, but the Methodists continued and took them all the way to the eastern coast.10

Leaders Before the Revolution
                “Samuel Davies (1723–1761) was President of Princeton University, then known as the College of New Jersey. Born to Baptist parents in New Castle County, Delaware, Davies received his early education under the tutelage of Rev. Samuel Blair at the academy he conducted in Faggs Manor, Londonderry Township, Chester County, Pennsylvania. He was ordained a Presbyterian by the New Castle presbytery in 1747.”

                        At the request of religious dissenters in Hanover, Virginia, the newly ordained 23-year-old Presbyterian minister headed south to be the pastor of four congregations which had been licensed by the Colonial government in 1743. As the first non- Anglican minister licensed to preach in Virginia, Davies advanced the cause of religious and civil liberty in colonial Virginia. Davies’s strong religious convictions led him to value the ‘freeborn mind’ and the inalienable ‘liberty of conscience’ that the established Anglican Church in Virginia often failed to respect in the days before independence. By appealing to British law and notions of British liberty, Davies agitated in an agreeable and effective manner for greater religious tolerance and laid the groundwork for the ultimate separation of church and state in Virginia that was consummated by the Statute for Religious Freedom in 1786.”

                At the same time that Davies was starting his ministry in Virginia, six students began their studies in Elizabeth, N.J., at the College of New Jersey, which had been established in 1746 to educate ‘those of every Religious Denomination.’ In 1754 the trustees of the college persuaded Davies, whose work in Virginia had been favorably noted, to go to Great Britain to raise money for the fledgling school. The journey was at times harrowing, but Davies confided to his diary that To be instrumental of laying a foundation of extensive benefit to mankind, not only in the present but in future generations, is a most animating prospect.’ In the end, Davies and a friend, Gilbert Tennent, spent eleven months in Great Britain and raised substantial support, enough to build Nassau Hall as the first permanent building on the new campus in Princeton.”

            After his return from Great Britain, Davies’ prominence in Virginia grew during the French and Indian War as he implored men to do their part ‘to secure the inestimable blessings of liberty. Governor Dinwiddie declared Davies to be the best recruiter in the colony. Davies’ rhetorical gifts were renowned.  Patrick Henry, who as a child often heard Davies preach, told his biographer before his death that Samuel Davies had taught him what an orator should be.”

            “Musicologists credit Davies with being the first American-born hymn writer, and his poetry was published in Williamsburg in 1752.”

            “Davies also spent his time in Virginia pioneering the literacy of the colony’s slave population, whom he felt were equally deserving of direct access to the word of God.”

              “In 1759, four years after he had returned from his trip to Great Britain on behalf of the College of New Jersey, the trustees of the college called on Davies w again this time to become the school’s fourth president. Davies succeeded Jonathan Edwards, who died just six weeks after his inauguration. Unfortunately, Davies’s term as president was also cut short when he died in 1761 at the age of 37. He was buried alongside his predecessor in Princeton Cemetery.”

            “Despite his relatively short life, Davies accomplished much and lived the creed to which he exhorted the Princeton Class of 1760 in his baccalaureate address and which has been echoed by the presidents of Princeton throughout its history: ‘Whatever be your place, imbibe and cherish a public spirit. Serve your generation.’”  11

After the Revolution and Beginning of the Republic
            During the period of 1810-1830, revivals and evangelism activities abounded the entire country and this coincided with the time that the states began to drop tax support for religion. Massachusetts held out until 1833 and finally voted to discontinue support for churches. This signaled the disappearance of the “nursing father” concept from Isaiah of government aiding the churches.

Some information was extracted from: www.adherents.com/gov/Founding_Fathers_Religion.html; http://www.adherents.com/gov/congress_001.html;  www.usconstitution.net/declarsigndata.html www.usconstitution.net/artsigndata.html;  www.usconstitution.net/constframedata.html; Biographical Directory of the United States Congress, http://bioguide.congress.gov/If you have information about any of the individuals

 If you see any information in this paper that differs from your understanding, please share it with the author to allow him to make corrections.

Prepared Originally in August 2010 and Revised February 17, 2019 by William J. Skinner, Lake Worth, Florida Tele: 561-433-1170

Copyright 2019. All Rights Reserved. Permission to reprint is Freely given to all Church Ministers and Elders for use in their Christian Education and church activities.

END NOTES
1.    Religion and the Founding of the American Republic, James A. Hutson, 1998, Library of Con- gress citing Douglas Adair, “Was Alexander Hamilton a Christian Statesman?”, Trevor Colbourn, Ed. Fame and the Founding Fathers (New York: W. W. Norton, 1974), 141-159
2.       “The Founders on Religion:  a book of quotations” by James H. Hutson, Princeton University Press, 2005
3.       Ibid. Adams Extracts. 393
4.        In reviewing the members of the First House of Representatives Elias Boudinot is listed as Episcopalian, not Presbyterian. But he was elected to office in the Presbyterian Church in Elizabethtown, New Jersey at the age of 25 and his family acknowledged that he was Presbyterian when they wrote to Princeton University during the time Woodrow Wilson was president of Princeton to describe a bronze plaque they wanted to erect to his memory of his long service as a member of the Board of Trustees of Princeton (established as the College of New Jersey by Presbyterians. Boudinot was buried in an Episcopal church cemetery in Philadelphia.  Perhaps in his last years he attended that Episcopal Church.  In the 1820s there was the emergence of a Western Revival brought to eastern cities by the Methodists. These were held in New York in 1808, and in Philadelphia, Baltimore and Providence in the next decade. See Religion and the Founding of the American Republic, 105.  Presbyterians had a New Side – Old Side split and reunion into the more evangelical New Side church in the 1700s. The New Side won this battle because of the log colleges where they trained their pastors. The Presbyterian Church was having difficult financial times in Philadelphia in the early 1800s. “In 1812 Elias Boudinot gave the [Second Presbyterian] Church four brick homes at the northeast corner of Ninth and Cherry Streets, to provide homes for widows and their children.  It was known as the Widows Asylum.”  See Presbyterian Historical Society documents on 2nd Presbyterian Church, Records, 1759-1940 (bulk: 1786-1899) Finding Aid to Record Group 33, 8.5 cubic feet.  Found at: http://www.history.pcusa.org/collections/findingaids/ fa.cfm?record_id=33
5.       Baldwin was educated at Yale College in theology.  He tutored at Yale and in 1779 became a chaplain in the Revolutionary War. Later founded the University of Georgia. His biography does not say he was a lawyer. See www.georgiaencyclopedia.org/nge/Article. jsp?id=h-2710
 6.      Biographical Directory of the United States Congress, http://bioguide.congress.gov/
 7.      Religion and the Founding of the American Republic, Id. at 79-80
 8.      The Age of Revelation: The AGE OF REASON Shewen to be an Age of Infidelity, Elias Boudinot, 1801,
           Philadelphia, and reprinted by American Vision Press, Powder Springs, Georgia, 2010, Forward by  
           Gary DeMar, xi, xxi
9.       James Madison was attracted to attend the College of New Jersey, partly because of the fame of      John Witherspoon, a Presbyterian Minister.  Madison graduated from the College of New Jersey in 1771, so he would not have met James Caldwell at the College.  Madison finished his junior and senior years in one year, but he stayed on longer to read some law and for tutoring in Hebrew by John Witherspoon. Source: http://etcweb.princeton.edu/CampusWWW/Compan- ion/madison_james/html
10.              Religion and the Founding of the American Republic, p. 101
11.              http://en.wikipedia.org/wiki/Samuel_Davies_(Presbyterian_educator) Acessed August 3, 2010





Friday, September 7, 2018

James Wilson: Founding Father


JAMES WILSON: Founding Father
Constitution Day, September 17, 2018
At the Constitutional Convention (1787) in Philadelphia, Wilson reached the apex of his career, where his influence was probably second only to that of James Madison. Rarely missing a session, he sat on the Committee of Detail and in many other ways applied his excellent knowledge of political theory to convention problems. Only Gouverneur Morris delivered more speeches.

       Born and educated in Scotland, he was a lawyer and land speculator. He represented Pennsylvania at the convention and worked hard to make it the second state to ratify the Constitution.  He later was appointed to the Supreme Court.

            Since the committee didn't leave a record of its proceedings, its story has to be pieced together from three documents: an outline by Edmund Randolph (Virginia) with edits by John Rutledge (S.C.), extensive notes and a second draft by Wilson with edits by Rutledge, and the final report presented to the convention. David Stewart (author and scholar) argues "this evidence places the drafting pen in the hands of those three men". The outline began with two rules for drafting: that the constitution should only include essential principles, avoiding minor provisions that would change over time, and that it should be stated in simple and precise language. Wilson's draft included the first attempt at what would become the preamble in the final document. [8]

Beginning with Randolph's outline, the committee added numerous provisions that the convention had never discussed, but which were not likely to be controversial. Examples include the speech and debate clause and provisions organizing the house and senate. Three of the committee's changes fundamentally reconstituted the national government. The first change replaced the open-ended grant of powers to Congress with a list of enumerated powers. This was due to Rutledge, who wanted a strong national government but not one with indefinite powers.[9] Many of these eighteen enumerated powers came from the Articles of Confederation. By this, the committee made the new national government one of limited powers, despite opposition among most delegates.

Rutledge was not able to completely convince Wilson, who was hostile to states’ rights and wanted a stronger national government. Wilson thus modified the list of enumerated powers, notably by adding the necessary and proper clause. He also strengthened the supremacy clause.[10] These changes set the final balance between the national and state governments that would be a part of the final document, as the convention never challenged this dual-sovereignty between nation and state established by Rutledge and Wilson.[11] The final report of this committee, which became the first draft of the constitution, was the first workable constitutional plan, as Madison's Virginia Plan had simply been an outline of goals and a broad structure. Even after it issued this report, the committee continued to meet off and on until early September. Further changes were made by the convention and other committees. On September 8, 1787, a Committee of Style with different members was impaneled to set down and revise the actual text of the Constitution.  [footnotes omitted.]



Monday, July 30, 2018

Clean Water Is Still A Long Way Off – Maybe Further Than Mars

By William J. Skinner
Back in September 2017, I wrote an article about “Water, Water Everywhere” to sum up a few of my discoveries about what is being done about the toxic algae problem in Florida with a focus on Palm Beach County and Lake Okeechobee.   The problems are much bigger than any of us expect.

            The effects of toxins in water on human health, especially brain health, are being studied around the world.  The problems are complex, but we can study it and find how to reduce the damage and deaths.

            What brings this subject to my mind to share with you is my personal knowledge and involvement in brain health issues.  It is hard to grasp the enormity of the science involved, but we do have the means to unravel some of these biological secrets if we keep studying the problems.  A little simplified and condensed history about smoking tobacco might help. 

            Seventy years ago before I was a teenager, cigarettes, cigars and chewing tobacco were commonplace.  When I was in my thirties, my father died of a heart attack.  He smoked 5 or more cigars a day sometimes.  That probably led to his death at age 60.  Next I learned that the husband of one of my mother’s cousins died of throat cancer at about age 50; he was a smoker and chewed tobacco.  Next one of my grandfathers died of emphysema at about 78.   In those days tobacco was king and it was lightly regulated.  Then came the science.

            I remember learning about Dr. Bruce Ames, a scientist in California, who was one of the pioneers in developing laboratory tests to determine the “hits” on mice and rat DNA from being raised in a tobacco smoke rich environment.  A “hit” is when it could be determined that the DNA was reconfigured because of something the animal had breathed or eaten.  As time when on these tests became more accurate.  When DNA is modified, it can cause cancer to develop.

            In the past 20 years, we learned that nicotine, in tobacco, was also addicting and the growers and sellers knew this before the public did.  Tobacco is now regulated by laws and regulations administered by the Food and Drug Administration.  But people still smoke and chew, though not as much.

            On television today we are inundated with commercials selling prescription drugs that extoll the virtues of the drugs and ask you to ask your doctor.  The idea of drug science is becoming a second nature to a new generation of TV watchers.

            Everyone who keeps up with the news for the past 30 years knows that the Environmental Protection Agency (EPA) has expanded its authority so much that President Trump’s election was supported by many to rein in the broad grabbing of authority by EPA.  This was a problem the Congress caused in many ways.

            Before retiring to Florida 14 years ago, I was a supporter of the Chesapeake Bay Foundation for many years.   It has done some good work in the states that have the water sheds that flow into the bay.  The CBF Winter 2017 magazine just came and Will Baker, the CBF President, described the problems being done by the chemical pesticide, chlorpyrifos, “which is acutely toxic to Bay life and has been found to cause brain damage in children.”  Baker quotes Fernando Stein, the President of the American Academy of Pediatrics, writing in the NY Times, “This chemical is unambiguously dangerous and should be banned from use.”  Baker quotes other people familiar with the chemical.  Then he proposes support for two bills in Congress, S.B. 1624 – The Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017 and H. R. 4420 –The Chesapeake Bay Farm Bill Enhancements  Act of 2017 which also supports multi-state water quality challenges.  Senate cosponsors are all Democrats. House cosponsors include a couple or Republicans from bay districts.

            Now we move on to what the 11th Circuit Court of Appeals wrote back in June of 2017 about Florida’s water.  The 11th Circuit is an intermediary court between the local U.S. District Court and the Supreme Court of the U.S. 

            The Court was a three judge panel of Circuit Judges Tjoflat and Rosenbaum, plus Hon. Jane A. Restani, U.S. Court of International Trade sitting by designation.  Judge Rosenbaum wrote the 52-page opinion.  The opinion began by reviewing background issues.  Notice how three judges described the “algae blooms”.

“Plaintiff-Appellants Florida Wildlife Federation, Inc., Environmental Confederation of Southwest Florida, Inc., and Conservancy of Southwest Florida, Inc., (collectively, “Conservationists”), complained about serious environmental problems in this channel and the surrounding areas where Lake Okeechobee’s waters flow. They asserted that decisions by Defendant-Appellee U.S. Army Corps of Engineers (the “Corps”) about when and how to release water from certain locks along the Waterway violate the Clean Water Act and Florida law because they negatively affect the quality of the waters the Corps regulates.In response, the Corps invoked sovereign immunity, and the district court dismissed the Conservationists’ complaint on that basis. The Conservationists now appeal.

But they aren’t the only ones. The South Florida Water Management District (the “Water District”), an agency of the State of Florida, also appeals the judgment. It does so, though, on the basis that the district court first should have decided whether the Conservationists failed to join the Water District as an indispensable party under Federal Rule of Civil Procedure 19(b).”

* * *
“To the Conservationists, this case is about the quality of water and the ecological conditions along the Waterway. To the Corps, it is about federal regulation of navigation through the Waterway. And to the Florida Department of Environmental Protection (“DEP”) and the Water District, the case is about protecting any authority the state might have over the waters at the center of this controversy. So resolving this case requires us to consider complex and overlapping interests. Because understanding these interests is critical to finding the right answer here, we review relevant background information below about Florida’s water geography, Florida’s water-ecology issues, the roles that the federal and state entities play in regulating the waters at issue in this case, and federal and state law concerning water quality.”

* * *
“B. Florida’s Ecological Water Issues
Florida suffers from a Goldilocks problem when it comes to water in the Waterway: too much or too little results in serious consequences. The waters in the Waterway are healthiest and most useful when they fall within a range that is just right. In this lawsuit, the Conservationists complain about only the problems that arise as a result of low water in the Caloosahatchee River, a condition they attribute in part to the Corps’s management of S-77, S-78, and S-79 under its 2008 regulation schedule. See generally U.S. Army Corps of Eng’rs, Jacksonville Dist., Cent. & S. Fla. Project: Water Control Plan for Lake Okeechobee & Everglades Agric. Area (2008) (“2008 LORS”).

Low water levels can have adverse effects on navigation, water supply, and fish and wildlife in the area. Among other negative effects, low water levels can aggravate ecological conditions in the Caloosahatchee and St. Lucie Estuaries by causing too high a level of salinity and saltwater encroachment into the freshwaters of the Waterway. But the Conservationists draw special attention to another serious problem associated with lower water levels: the emergence of algal blooms. Often characterized by the bright-green appearance of the water in which they are occurring, algal blooms represent a serious environmental problem because they consume an excessive amount of oxygen from the water when the constituent cells die. The remaining levels of oxygen may be too low to sustain aquatic life, which can die off as a result. Algal blooms also can result in taste and odor problems with drinking water, contribute to the formation of carcinogenic substances in drinking water when it undergoes chlorination, and produce toxins that are not removed by the treatment process. Algal-bloom toxins, in turn, can cause liver and neurological disease in animals and humans who drink or come into contact with the water. They can induce skin irritations, kill fish and other animals, and seriously impair the recreational value of the body of water. And eating fish taken from waters during algal blooms is dangerous. Algal blooms have happened in the Caloosahatchee River eight of the eleven years between 2001 and 2012. In 2011, eight weeks of algal blooms proliferated.”
[emphasis added.]

            The remainder of the opinion and specially concurring opinion by Judge Tjoflat dealt with the procedural position for dismissing under Rule 19 or the claim of sovereign immunity. Rule 19 was selected as the primary reason for dismissing the case.    No ruling was made on the operational procedures for the locks or the dangerousness of the algae blooms, but the court explained what it understood of the science that was put before them during the case.

11th Circuit Court of Appeals – June 19, 2017 – Opinion in Florida Wildlife Mgmt, et al v. U.S. Army Corps of Engineer, Case No. 4:12-cv-00355.  Case dismissed for failure to join SFWMD in the suit under Federal Rule 19 (b).

            Now for those who like to watch videos, I am giving you three to watch in order.  They are all short, but very interesting.

To learn more about BMAA in the brains of humans watch these three quick videos in this order:

ONE - 2012 Paul Alan Cox speaks about BMAA in tangle diseases at Jackson Hole


go on YouTube and search for “update on Paul Alan Cox BMAA research since 2012” and
you will find several more short reports that claim BMAA is found in brains of people dying
of ALS, Parkinson’s and Alzheimer’s Disease.

TWO - April 3, 2017 Update on use of L-serine for ALS


Published on Jan 24, 2016
BREAKTHROUGH: Cause of Alzheimer’s discovered: where you live and what you eat are crucial.  A POISONOUS algae found in freshwater lakes in the UK is being blamed for an increase in the number of people developing dementia, which is expected to hit one million by 2050.


Published on Mar 5, 2016
The neurotoxin BMAA is found in seafood and the brains of Alzheimer’s and ALS victims. Might dietary changes help prevent amyotrophic lateral sclerosis?  [This one shows research papers and connection to fish in USA.]


Downloaded 12-5-2017 WJS

            We may have to go to another world to get our brains away from the danger of chlorpyrifos and BMAA.  Ask Stephen Hawking if you don’t believe me.     


            

Saturday, October 7, 2017


The Black Swan: The impact of the
HIGHLY IMPROBABLE

Book Review by William J. Skinner

This is not the kind of book I would normally pick up and read.  Newt Gingrich mentioned it in his new book, Understanding Trump, so my interest was aroused.  I discovered the Palm Beach County Library had one copy each of the first (2007) and second (2010) edition and obtained the second to see what the book contained about politics, Trump and Florida.  I am glad I learned about this 444 page softback, including the 71 pages of Postscript Essays, chapter notes, bibliography, and index, because it may help to round out my thinking big with all the minutia I am programmed to read.

             Nassim Nicholas Taleb’s ancestral home was the Greek orthodox village of Amioun, in northern Lebanon, and he was born in 1960.  Talib was educated at the University of Paris,  Paris Dauphine University, University of Pennsylvania, and the Wharton School of the University of Pennsylvania.  At the time the second edition was published, Talib was a Distinguished Professor at New York University’s Polytechnic Institute. His official biography on the web says: “Taleb's works focuses on mathematical, philosophical, and practical problems with risk and probability, as well as on the properties of systems that can handle disorder. He spent 21 years as a derivatives trader and, after closing 650,000 option transactions and examining 200,000 risk reports, he changed careers in 2006 to become a scholar, mathematical researcher and philosophical essayist.”

             Taleb is in the thinking business.  The idea of Black Swan was first mentioned by Sextus Empiricus in his medical writings made probably in Alexandria in around 100 CE. (p204)  The Black Swan is an outlier or impossibility to most people because they assume or believe all swans are white.  Believe me there is a lot more to it than this.  Find out in the book.  This author has written down every thought he has ever had about his wonderings.  Taleb may be writing random thoughts with parenthetical phrases to make sure he tells the reader any exceptions. The book contains 19 chapters many of which are around 10 pages in length, so you will be moving from theory to theory.  A simple message is to forget the bell curve and forget the standard devation because they can be meaningless.

            But let me tell you five thoughts why Gingrich might have thought of Taleb’s book when he wrote about Trump.  This will also tell you more about the book.

             Taleb made a prediction after the 1987 stock market crash when Harry Markowitz and William Sharpe were awarded the Nobel prize for developing the Modern Portfolio Theory, when he wrote:  “In a world in which these who get the Nobel, anything can happen.  Anyone can become president.”(p277)  Trump became president in a black swan event few expected.

             Point two is that Donald Trump graduated from the Wharton School as did Taleb.  This bit is not in the book, but I know it anyway.

             Point three is that Taleb says Edward Lorenz, MIT meteorologist, discussed the butterfly effect as being when a butterfly moves its wings in India this could be responsible for a hurricane in New York two years later. (p179) At least this is a question of probability.  This is the Florida connection to Taleb’s thinking.

            Fourth, Taleb says a few times in the book that militarily trained people think about risks differently than otherwise educated individuals.  Trump graduated from a five year military prep school before going to Wharton.

             Despite these coincidences, there is no doubt in my mind that Taleb was not thinking about Donald Trump when he wrote this book.  Taleb was thinking about knowing the unknowns and determining probabilities of what will happen next in multiple contexts.   A couple more glimpses of Taleb’s subject matter follow.

             “What to Remember

            “Remember this: the Gaussian-bell curve variations face a headwind that makes probabilities drop at a faster and faster rate as you move away from the mean, while ‘scalables,” or Mandelbrotian variations, do not have such a restriction.  That’s pretty much most of what you need to know.” p234  Taleb dedicated this book to Benoit Mandelbrot.

            Taleb wrote it took him close to a decade and a half to find a real thinker, “the man who made many swans gray: Mandelbrot—the great Benoit Mandelbrot.” p252

             Yogi Berra is quoted at p136 as saying, “It is tough to make predictions, especially about the future.”

 The Black Swan and Fooled by Randomness are only two of Taleb’s books, but they are in print in thirty-one languages as of 2010.  The Black Swan is - ISBN: 978-0-8129-7381-5.