Category Archives: David Barton

Should the 10 Commandments be banned from public life?(Part 8, David Barton’s Affidavit in support on 10 Commandments)

 

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors. 

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

 

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

HOW THE TEN COMMANDMENTS ARE EXPRESSED

IN CIVIL LAW IN AMERICAN HISTORY

Honor the Sabbath day.

42. Examples of the early implementation of this fourth commandment into civil law are seen in the Virginia laws of 1610, the New Haven laws of 1653, the New Hampshire laws of 1680, the Pennsylvania laws of 1682 and 1705, the South Carolina laws of 1712, the North Carolina laws of 1741, the Connecticut laws of 1751, etc.

43. In 1775, and throughout the American Revolution, Commander-in-Chief George Washington issued military orders directing that the Sabbath be observed. His order of May 2, 1778, at Valley Forge was typical:

The Commander in Chief directs that divine service be performed every Sunday at 11 o’clock in those brigades to which there are chaplains; those which have none to attend the places of worship nearest to them. It is expected that officers of all ranks will by their attendance set an example to their men.

Washington issued numerous similar orders throughout the Revolution.

44. In the Federal Era and well beyond, states continued to enact and reenact Sabbath laws. In fact, the States went to impressive lengths to uphold the Sabbath. For example, in 1787, Vermont enacted a ten-part law to preserve the Sabbath; in 1791, Massachusetts enacted an eleven-part law; in 1786, Virginia enacted a law written by Thomas Jefferson and sponsored by James Madison; in 1798, New Jersey enacted a twenty-one-part law; in 1799, New Hampshire enacted a fourteen-part law; in 1821, Maine enacted a thirteen-part law; etc.

45. These Sabbath laws-and scores of others like them-were nothing less than the enactment of the fourth commandment in the Decalogue. In fact, in 1967, the Supreme Court of Pennsylvania provided a thorough historical exegesis of those laws and concluded:

“Remember the Sabbath day to keep it holy; six days shalt thou labor and do all thy work; but the seventh day is the Sabbath of the Lord thy God. In it thou shalt not do any work.” This divine pronouncement became part of the Common Law inherited by the thirteen American colonies and by the sovereign States of the American union.

46. In 1950, the Supreme Court of Mississippi had similarly declared:

The Sunday laws have a divine origin. Blackstone (Cooley’s) Par. 42, page 36. After the six days of creation, the Creator Himself rested on the Seventh. Genesis, Chapter 2, verses 2 and 3. Thus, the Sabbath was instituted, as a day of rest. The original example was later confirmed as a commandment when the law was handed down from Mt. Sinai: “Remember the Sabbath day, to keep it holy.”

47. Similar declarations may be found in the courts of numerous other States, including New York, Alabama, Florida, Oregon, and Kentucky, Georgia, Minnesota, etc.

48. However, before any of these contemporary courts had acknowledged that the Sabbath laws were derived from the Decalogue, John Jay, the original Chief Justice of the U. S. Supreme Court, had confirmed that the source of civil Sabbath laws were the divine commands. As he explained:

There were several divine, positive ordinances . . . of universal obligation, as the Sabbath.

49. There are numerous other examples demonstrating that the fourth commandment of the Decalogue played an important historical role in American civil law.

50. While contemporary critics argue that the first four commands of the Decalogue were inconsequential in our history or that they should not be publicly displayed today, the facts prove that they exerted a substantial influence on American law and jurisprudence. In fact, the 1922 Iowa Supreme Court rejected the assertion that only one side of the Decalogue was important to American law, declaring:

The observance of Sunday is one of our established customs. It has come down to us from the same Decalogue that prohibited murder, adultery, perjury, and theft. It is more ancient than our common law or our form of government. It is recognized by Constitutions and legislative enactments, both State and federal. On this day Legislatures adjourn, courts cease to function, business is suspended, and nation-wide our citizens cease from labor.

51. Whether individuals today agree with those early laws based on the first four commandments in the Decalogue in no manner lessens their historical impact.

Should the 10 Commandments be banned from public life?(Part 7, David Barton’s Affidavit in support on 10 Commandments)

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors. 

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

 

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

HOW THE TEN COMMANDMENTS ARE EXPRESSED

IN CIVIL LAW IN AMERICAN HISTORY

Honor the Sabbath day.

37. The civil laws enacted to uphold this injunction are legion and are far too numerous for any exhaustive listing to be included in this brief affidavit. While a representative sampling will be presented below, there are three points that clearly establish the effect of the fourth commandment of the Decalogue on American law.

38. First is the inclusion in the U. S. Constitution of the recognition of the Sabbath in Art. I, Sec. 7, ¶ 2, stipulating that the President has 10 days to sign a law, “Sundays excepted.” The “Sundays excepted” clause had previously appeared in the individual State constitutions of that day, and therefore, when incorporated into the U. S. Constitution, carried the same meaning that had been established by traditional usage in the States. That meaning was then imparted into the constitutions of the various States admitted into the Union subsequent to the adoption of the federal Constitution. The historical understanding of this clause was summarized in 1912 by the Supreme Court of Missouri which, expounding on the meaning of this provision in its own State constitution and in the U. S. Constitution, declared:

It is provided that if the Governor does not return a bill within 10 days (Sundays excepted), it shall become a law without his signature. Although it may be said that this provision leaves it optional with the Governor whether he will consider bills or not on Sunday, yet, regard being had to the circumstances under which it was inserted, can any impartial mind deny that it contains a recognition of the Lord’s Day as a day exempted by law from all worldly pursuits? The framers of the Constitution, then, recognized Sunday as a day to be observed, acting themselves under a law which exacted a compulsive observance of it. If a compulsive observance of the Lord’s Day as a day of rest had been deemed inconsistent with the principles contained in the Constitution, can anything be clearer than, as the matter was so plainly and palpably before the Convention, a specific condemnation of the Sunday law would have been engrafted upon it? So far from it, Sunday was recognized as a day of rest.

39. The second point establishing the impact of the fourth commandment of the Decalogue on American law is seen in the civil process clauses of the early State legal codes which forbade legal action on the Sabbath. For example, an 1830 New York law declared:

Civil process cannot, by statute, be executed on Sunday, and a service of such process on Sunday is utterly void and subjects the officer to damages.

40. Similar laws may be found in Pennsylvania in 1682 and 1705, Vermont in 1787, Connecticut in 1796, New Jersey in 1798, etc.

41. The third point establishing the long-standing effect of the fourth commandment on American law and jurisprudence is demonstrated by the fact that Sabbath laws remain constitutional today, and many communities still practice and enforce those laws.

Should the 10 Commandments be banned from public life?(Part 6, David Barton’s Affidavit in support on 10 Commandments)

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors. 

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

HOW THE TEN COMMANDMENTS ARE EXPRESSED

IN CIVIL LAW IN AMERICAN HISTORY

Honor God’s name.

33. Judge Zephaniah Swift, author in 1796 of the first legal text published in America, explained why civil authorities enforced the Decalogue prohibition against blasphemy and profane swearing:

Crimes of this description are not punishable by the civil arm merely because they are against religion. Bold and presumptuous must he be who would attempt to wrest the thunder of heaven from the hand of God and direct the bolts of vengeance where to fall. The Supreme Deity is capable of maintaining the dignity of His moral government and avenging the violations of His holy laws. His omniscient mind estimates every act by the standard of perfect truth and His impartial justice inflicts punishments that are accurately proportioned to the crimes. But short-sighted mortals cannot search the heart and punish according to the intent. They can only judge by overt acts and punish them as they respect the peace and happiness of civil society. This is the rule to estimate all crimes against civil law and is the standard of all human punishments. It is on this ground only that civil tribunals are authorized to punish offences against religion.

34. In 1824, the Supreme Court of Pennsylvania (in a decision subsequently invoked authoritatively and endorsed by the U. S. Supreme Court ) reaffirmed that the civil laws against blasphemy were derived from divine law:

The true principles of natural religion are part of the common law; the essential principles of revealed religion are part of the common law; so that a person vilifying, subverting or ridiculing them may be prosecuted at common law.

The court then noted that its State’s laws against blasphemy had been drawn up by James Wilson, a signer of the Constitution and original Justice on the U. S. Supreme Court:

The late Judge Wilson, of the Supreme Court of the United States, Professor of Law in the College in Philadelphia, was appointed in 1791, unanimously by the House of Representatives of this State to “revise and digest the laws of this commonwealth. . . . “ He had just risen from his seat in the Convention which formed the Constitution of the United States, and of this State; and it is well known that for our present form of government we are greatly indebted to his exertions and influence. With his fresh recollection of both constitutions, in his course of Lectures (3d vol. of his works, 112), he states that profaneness and blasphemy are offences punishable by fine and imprisonment, and that Christianity is part of the common law. It is vain to object that the law is obsolete; this is not so; it has seldom been called into operation because this, like some other offences, has been rare. It has been retained in our recollection of laws now in force, made by the direction of the legislature, and it has not been a dead letter.

35. The Decalogue’s influence on profanity and blasphemy laws was reaffirmed by subsequent courts, such as the 1921 Supreme Court of Maine, the 1944 Supreme Court of Florida, and others.

36. Many additional sources may be cited, but it is clear that the civil laws against both profanity and blasphemy-many of which are still in force today-were originally derived from the divine law and the Ten Commandments. These examples unquestionably demonstrate that the third commandment of the Decalogue was an historical part of American civil law and jurisprudence.

Should the 10 Commandments be banned from public life?(Part 5, David Barton’s Affidavit in support on 10 Commandments)

 

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors.

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

HOW THE TEN COMMANDMENTS ARE EXPRESSED

IN CIVIL LAW IN AMERICAN HISTORY

Honor God’s name.

26. Civil laws enacted to observe this commandment were divided into two categories: laws prohibiting blasphemy and laws prohibiting swearing and profanity. Noah Webster, an American legislator and judge, affirms that both of these categories of laws were derived from the third commandment of the Decalogue:

When in obedience to the third commandment of the Decalogue you would avoid profane swearing, you are to remember that this alone is not a full compliance with the prohibition which [also] comprehends all irreverent words or actions and whatever tends to cast contempt on the Supreme Being or on His word and ordinances [i.e., blasphemy].

27. Reflecting the civil enactment of these two categories embodying the third commandment, a 1610 Virginia law declared:

2. That no man speak impiously or maliciously against the holy and blessed Trinity or any of the three persons . . . upon pain of death.

3. That no man blaspheme God’s holy name upon the pain of death.

28. A 1639 law of Connecticut similarly declared:

If any person shall blaspheme the name of God the Father, Son, or Holy Ghost, with direct, express, presumptuous or high-handed blasphemy, or shall curse in the like manner, he shall be put to death. Lev. 24.15, 16.

29. Similar laws can be found in Massachusetts in 1641, Connecticut in 1642, New Hampshire in 1680, Pennsylvania in 1682, 1700, and 1741, South Carolina in 1695, North Carolina in 1741, etc. Additionally, prominent Framers also enforced the Decalogue’s third command.

30. For example, Commander-in-Chief George Washington issued numerous military orders during the American Revolution that first prohibited swearing and then ordered an attendance on Divine worship, thus relating the prohibition against profanity to a religious duty. Typical of these orders, on July 4, 1775, Washington declared:

The General most earnestly requires and expects a due observance of those articles of war established for the government of the army which forbid profane cursing, swearing, and drunkenness; and in like manner requires and expects of all officers and soldiers not engaged on actual duty, a punctual attendance on Divine Service to implore the blessings of Heaven upon the means used for our safety and defense.

31. Washington began issuing such orders to his troops as early as 1756 during the French and Indian War, and continued the practice throughout the American Revolution, issuing similar orders in 1776, 1777, 1778, etc.

32. This civil prohibition against blasphemy and profanity drawn from the Decalogue continued well beyond the Founding Era. It subsequently appeared in the 1784 laws in Connecticut, the 1791 laws of New Hampshire, the 1791 laws of Vermont, the 1792 laws of Virginia, the 1794 laws of Pennsylvania, the 1821 laws of Maine, the 1834 laws of Tennessee, the 1835 laws of Massachusetts, the 1836 laws of New York, etc.

Should the 10 Commandments be banned from public life?(Part 4, David Barton’s Affidavit in support on 10 Commandments)

 

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors.

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

HOW THE TEN COMMANDMENTS ARE EXPRESSED

IN CIVIL LAW IN AMERICAN HISTORY

Have no other gods.

20. This first commandment of the Decalogue is incorporated into the very first written code of laws enacted in America, those of the Virginia Colony. In 1610, in a law enacted by the Colony leaders, it was declared:

[S]ince we owe our highest and supreme duty, our greatest and all our allegiance to Him from whom all power and authority is derived, and flows as from the first and only fountain, and being especially soldiers impressed in this sacred cause, we must alone expect our success from Him who is only the blesser of all good attempts, the King of kings, the Commander of commanders, and Lord of hosts, I do strictly command and charge all Captains and Officers of what quality or nature soever, whether commanders in the field, or in town or towns, forts or fortresses, to have a care that the Almighty God be duly and daily served, and that they call upon their people to hear sermons, as that also they diligently frequent morning and evening prayer themselves by their own example and daily life and duties herein, encouraging others thereunto.

21. A subsequent 1641 Massachusetts legal code also incorporated the thrust of this command of the Decalogue into its statutes. Significantly, the very first law in that State code was based on the very first command of the Decalogue, declaring:

1. If any man after legal conviction shall have or worship any other god but the Lord God, he shall be put to death. Deut. 13.6, 10, Deut. 17.2, 6, Ex. 22.20.

22. The 1642 Connecticut law code also made this command of the Decalogue its first civil law, declaring:

1. If any man after legal conviction shall have or worship any other god but the Lord God, he shall be put to death (Duet. 13.6 and 17.2, Ex. 22.20).

23. There are numerous other examples affirming that the first commandment of the Decalogue indeed formed an historical part of American civil law.

Have no idols.

24. Typical of the civil laws prohibiting idolatry was a 1680 New Hampshire idolatry law that declared:

Idolatry. It is enacted by ye Assembly and ye authority thereof, yet if any person having had the knowledge of the true God openly and manifestly have or worship any other god but the Lord God, he shall be put to death. Ex. 22.20, Deut. 13.6 and 10.

25. Additional examples from colonial codes demonstrate that the second commandment also was historically a part of American civil law.

Should the 10 Commandments be banned from public life?(Part 3, David Barton’s Affidavit in support on 10 Commandments)

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors.

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

 

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

 

WHICH ARE THE TEN COMMANDMENTS ?

18. In order to avoid the alleged misunderstanding that critics claim accompanies the reading of the Decalogue, for the purposes of this affidavit, these Commandments as listed in the Bible in Exodus 20:3-17 and Deuteronomy 5:7-21 (and in a shortened version in Exodus 34:14-28) will be summarized as

1. Have no other gods.

2. Have no idols.

3. Honor God’s name.

4. Honor the Sabbath day.

5. Honor your parents.

6. Do not murder.

7. Do not commit adultery.

8. Do not steal.

9. Do not perjure yourself.

10. Do not covet.

 

19. The following sections will fully demonstrate that each of these commandments was individually encoded in the civil laws, and consequently became a part of the common law of the various colonies.

Should the 10 Commandments be banned from public life?(Part 2, David Barton’s Affidavit in support on 10 Commandments)

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors.

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of a document he wrote concerning the 10 Commandments:

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION

SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

THE INCORPORATION OF DIVINE LAW INTO AMERICAN COLONIAL LAW

12. The Ten Commandments are a smaller part of the larger body of divine law recognized and early incorporated into America’s civil documents. For example, the Fundamental Orders of Connecticut-established in 1638-39 as the first written constitution in America and considered as the direct predecessor of the U. S. Constitution -declared that the Governor and his council of six elected officials would “have power to administer justice according to the laws here established; and for want thereof according to the rule of the word of God.”

13. Also in 1638, the Rhode Island government adopted “all those perfect and most absolute laws of His, given us in His holy word of truth, to be guided and judged thereby. Exod. 24. 3, 4; 2 Chron. II. 3; 2 Kings. II. 17.”

14. The following year, 1639, the New Haven Colony adopted its “Fundamental Articles” for the governance of that Colony, and when the question was placed before the colonists:

Whether the Scriptures do hold forth a perfect rule for the direction and government of all men in all dut[ies] which they are to perform to God and men as well in the government of families and commonwealths as in matters of the church, this was assented unto by all, no man dissenting as was expressed by holding up of hands.

15. In 1672, Connecticut revised its laws and reaffirmed its civil adherence to the laws established in the Scriptures, declaring:

The serious consideration of the necessity of the establishment of wholesome laws for the regulating of each body politic hath inclined us mainly in obedience unto Jehovah the Great Lawgiver, Who hath been pleased to set down a Divine platform not only of the moral but also of judicial laws suitable for the people of Israel; as . . . laws and constitutions suiting our State.

16. Significantly, those same legal codes delineated their capital laws in a separate section, and following each capital law was given the Bible verse on which that law was based because:

No man’s life shall be taken away . . . unless it be by the virtue or equity of some express law of the country warranting the same, established by a general court and sufficiently published, or in case of the defect of a law, in any particular case, by the Word of God. (emphasis added)

17. There are other similar examples, but it is a matter of historical fact that the early colonies adopted the greater body of divine laws as the overall basis of their civil laws. Subsequent to the adoption of that general standard, however, the specifics of the Decalogue were then incorporated into the civil statutes.

Should the 10 Commandments be banned from public life?(Part 1, David Barton’s Affidavit in support on 10 Commandments)

 

I read back on Dec 8, 2011 that Tony Perkins, president of Family Research Council, a social conservative advocacy organization, said in 2011 that President Obama has been “hostile” and “disdainful” toward Christianity. Rick Perry actually said President Obama had a war on religion. One of the most basic things that our founding fathers did is base our laws on the ten commandments. At the Supreme Court there is one depiction showing Moses sitting, holding two blank stone tablets. There is one depiction showing Moses standing holding one stone tablet. There are two stone tablets depicted with Roman Numbers I-X carved in the oak doors

David Barton has studied the history of the founding of our country for many years and I wanted to share a portion of adocument he wrote concerning the 10 Commandments:

David Barton – 01/03/2001
(View the footnoted version on Liberty Council’s website)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

LONDON DIVISION


SARAH DOE and THOMAS DOE, on behalf

of themselves and their minor child, JAN DOE

Plaintiffs,

v Civil Action No. 99-508

HARLAN COUNTY SCHOOL DISTRICT;

DON MUSSELMAN, in his official capacity

as Superintendent of the Harlan Country

School District,

Defendents.

______________________________________________

AFFIDAVIT OF DAVID BARTON IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CONTEMPT, OR, IN THE ALTERNATIVE, FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

STATE OF TEXAS

COUNTY OF PARKER

Upon being duly sworn by the undersigned officer empowered to administer and attest to oaths, the Affiant, David Barton, testifies as follows:

1. I am a recognized authority in American history, particularly concerning the Colonial, Revolutionary, and Federal Eras.

2. I personally own a vast collection of thousands of documents of American history predating 1812, including handwritten works of the signers of the Declaration and the Constitution.

3. As a result of my expertise, I work as a consultant to national history textbook publishers and have been appointed by the State Boards of Education in States such as California and Texas to help write the American history and government standards for students in those States. Additionally, I consult with Governors and State Boards of Education in several other States and have testified in numerous State Legislatures on American history.

4. I am the recipient of several national and international awards, including the George Washington Honor Medal, the Daughters of the American Revolution Medal of Honor, Who’s Who in America (1997, 1999), Who’s Who in the World (1996, 1999), Who’s Who in American Education (1996, 1997), International Who’s Who of Professionals (1996), Two Thousand Notable American Men Hall of Fame (1995), Who’s Who in the South and Southwest (1995, 1999), Who’s Who Among Outstanding Americans (1994), Outstanding Young Men in America (1990), and numerous other awards.

5. I have also written and published numbers of books and articles on American history and its related issues. (Original Intent, 1996;Bulletproof George Washington, 1990; Ethics: An Early American Handbook, 1999; Lives of the Signers of the Declaration of Independence, 1995, and many others).

6. I offer the following opinion regarding whether the Ten Commandments are a historical document in America’s civil and judicial history based upon my expertise and study in the areas of American history and the forces and ideas that formed the basis for our system of laws and government.

INTRODUCTION

7. Opponents to the public display of the Ten Commandments offer several grounds for their objections, including that there is no “˜standard version’ of the Ten Commandments”; that there is not agreement on exactly what constitutes the Ten Commandments“; and that “the Ten Commandments are not a “˜secular’ moral code that everyone can agree on” and therefore are not appropriate to be included in a display of documents that have helped shape America’s history. In fact, these groups warn that if the Decalog [sic] was publicly displayed“it “could create religious friction, leading to feelings of anger and of marginalization“ and that these emotions are precisely the root causes of the Columbine High School tragedy.“

8. The Decalogue addresses what were long considered to be man’s vertical and horizontal duties. Noah Webster, the man personally responsible for Art. I, Sec. 8, ¶ 8, of the U. S. Constitution, explained two centuries ago:

The duties of men are summarily comprised in the Ten Commandments, consisting of two tables; one comprehending the duties which we owe immediately to God-the other, the duties we owe to our fellow men.

9. Modern critics, while conceding “six or five Commandments are moral and ethical rules governing behavior,” also point out that because the remaining “four of the Ten Commandments are specifically religious in nature,” that this fact alone should disqualify their display. They assert that only one of the two “tablets” of the Ten Commandments is appropriate for public display.

10. In an effort to substantiate this position historically, critics often point to the Rhode Island Colony under Roger Williams and its lack of civil laws on the first four commandments to “prove” that American society was traditionally governed without the first “tablet.” However, they fail to mention that the Rhode Island Colony was the only one of the thirteen colonies that did not have civil laws derived from the first four divine laws -the so-called first “tablet.” Significantly, every other early American colony incorporated the entire Decalogue into its own civil code of laws.

11. This affidavit will demonstrate that, historically speaking, neither courts nor civil officers were confused or distracted by the so-called “various versions” of the Decalogue and that each of the Ten Commandments became deeply embedded in both American law and jurisprudence. This affidavit will establish that a contemporary display of the Ten Commandments is the display of a legal and historical document that dramatically impacted American law and culture with a force similar only to that of the Declaration of Independence, the Constitution, and the Bill of Rights.

David Barton: In their words, did the Founding Fathers put their faith in Christ? (Part 4)

1 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

2 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

3 Of 5 / The Bible’s Influence In America / American

Heritage Series / David Barton

4 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

5 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

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3 Of 3 / Faith Of The Founding Fathers / American Heritage Series / David Barton

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David Barton on Glenn Beck – Part 1 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

___________

David Barton on Glenn Beck – Part 2 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

___________________________

David Barton on Glenn Beck – Part 3 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

___________________________

David Barton on Glenn Beck – Part 4 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

______________________

David Barton on Glenn Beck – Part 5 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

There have been many articles written by evangelicals like me who fear that our founding fathers would not recognize our country today because secular humanism has rid our nation of spiritual roots. I am deeply troubled by the secular agenda of those who are at war with religion in our public life. WERE OUR FOUNDING FATHERS BELIEVERS IN CHRISTIANITY OR SECULAR HUMANISTS THEMSELVES?

I had a chance to take my kids to hear Ken Ham speak one time in Little Rock because I really respect him a lot. Evangelical leader Ken Ham rightly has noted, “Most of the founding fathers of this nation … built the worldview of this nation on the authority of the Word of God.”

Dr. Michael Davis of California has asserted that he has no doubts that our President is a professing Christian, but his policies are those of a secular humanist. I share these same views. However, our founding fathers were anything but secular humanists in their views. John Adams actually wrote in a letter, “There is no authority, civil or religious – there can be no legitimate government – but that which is administered by this Holy Ghost.”

David Barton has put together a great collection of quotes from the founding fathers about their faith in Christ:

The Founders As Christians

Jonathan Trumbull Sr.
Governor of Connecticut, Patriot

Principally and first of all, I bequeath my soul to God the Creator and Giver thereof, and body to the Earth . . . nothing doubting but that I shall receive the same again at the General Resurrection thro the power of Almighty God; believing and hoping for eternal life thro the merits of my dear, exalted Redeemer Jesus Christ.

Will of Jonathan Trumbull


John Witherspoon
Signer of the Declaration of Independence

I entreat you in the most earnest manner to believe in Jesus Christ, for there is no salvation in any other [Acts 4:12]. . . . [I]f you are not reconciled to God through Jesus Christ, if you are not clothed with the spotless robe of His righteousness, you must forever perish.

John Witherspoon, The Works of John Witherspoon (Edinburgh: J. Ogle, 1815), Vol. V, pp. 276, 278, The Absolute Necessity of Salvation Through Christ, January 2, 1758.

David Barton: In their words, did the Founding Fathers put their faith in Christ? (Part 3)

1 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

2 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

3 Of 5 / The Bible’s Influence In America / American

Heritage Series / David Barton

4 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

5 Of 5 / The Bible’s Influence In America / American Heritage Series / David Barton

__________________________________________

3 Of 3 / Faith Of The Founding Fathers / American Heritage Series / David Barton

__________________________

David Barton on Glenn Beck – Part 1 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

___________

David Barton on Glenn Beck – Part 2 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

___________________________

David Barton on Glenn Beck – Part 3 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

___________________________

David Barton on Glenn Beck – Part 4 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

______________________

David Barton on Glenn Beck – Part 5 of 5

Uploaded by on Apr 9, 2010

Wallbuilders’ Founder and President David Barton joins Glenn Beck on the Fox News Channel for the full hour to discuss our Godly heritage and how faith was the foundational principle upon which America was built.

There have been many articles written by evangelicals like me who fear that our founding fathers would not recognize our country today because secular humanism has rid our nation of spiritual roots. I am deeply troubled by the secular agenda of those who are at war with religion in our public life. WERE OUR FOUNDING FATHERS BELIEVERS IN CHRISTIANITY OR SECULAR HUMANISTS THEMSELVES?

I had a chance to take my kids to hear Ken Ham speak one time in Little Rock because I really respect him a lot. Evangelical leader Ken Ham rightly has noted, “Most of the founding fathers of this nation … built the worldview of this nation on the authority of the Word of God.”

Dr. Michael Davis of California has asserted that he has no doubts that our President is a professing Christian, but his policies are those of a secular humanist. I share these same views. However, our founding fathers were anything but secular humanists in their views. John Adams actually wrote in a letter, “There is no authority, civil or religious – there can be no legitimate government – but that which is administered by this Holy Ghost.”

David Barton has put together a great collection of quotes from the founding fathers about their faith in Christ:

The Founders As Christians

Robert Treat Paine
Signer of the Declaration of Independence

I desire to bless and praise the name of God most high for appointing me my birth in a land of Gospel Light where the glorious tidings of a Savior and of pardon and salvation through Him have been continually sounding in mine ears.

Robert Treat Paine, The Papers of Robert Treat Paine, Stephen Riley and Edward Hanson, editors (Boston: Massachusetts Historical Society, 1992), Vol. I, p. 48, March/April, 1749.

[W]hen I consider that this instrument contemplates my departure from this life and all earthly enjoyments and my entrance on another state of existence, I am constrained to express my adoration of the Supreme Being, the Author of my existence, in full belief of his providential goodness and his forgiving mercy revealed to the world through Jesus Christ, through whom I hope for never ending happiness in a future state, acknowledging with grateful remembrance the happiness I have enjoyed in my passage through a long life. . .

Will of Robert Treat Paine


Charles Cotesworth Pinckney
Signer of the Constitution

To the eternal, immutable, and only true God be all honor and glory, now and forever, Amen!. . .

Will of Charles Cotesworth Pinckney


Rufus Putnam
Revolutionary War General, First Surveyor General of the United States

[F]irst, I give my soul to a holy, sovereign God Who gave it in humble hope of a blessed immortality through the atonement and righteousness of Jesus Christ and the sanctifying grace of the Holy Spirit. My body I commit to the earth to be buried in a decent Christian manner. I fully believe that this body shall, by the mighty power of God, be raised to life at the last day; ‘for this corruptable (sic) must put on incorruption and this mortal must put on immortality.’ [I Corinthians 15:53]

Will of Rufus Putnam


Benjamin Rush
Signer of the Declaration of Independence

My only hope of salvation is in the infinite, transcendent love of God manifested to the world by the death of His Son upon the cross. Nothing but His blood will wash away my sins. I rely exclusively upon it. Come, Lord Jesus! Come quickly!

Benjamin Rush, The Autobiography of Benjamin Rush, George Corner, editor (Princeton: Princeton University Press for the American Philosophical Society, 1948), p. 166, Travels Through Life, An Account of Sundry Incidents & Events in the Life of Benjamin Rush.


Roger Sherman
Signer of the Declaration of Independence, Signer of the Constitution

I believe that there is one only living and true God, existing in three persons, the Father, the Son, and the Holy Ghost. . . . that the Scriptures of the Old and New Testaments are a revelation from God. . . . that God did send His own Son to become man, die in the room and stead of sinners, and thus to lay a foundation for the offer of pardon and salvation to all mankind so as all may be saved who are willing to accept the Gospel offer.

Lewis Henry Boutell, The Life of Roger Sherman (Chicago: A. C. McClurg and Company, 1896), pp. 272-273.


Richard Stockton
Signer of the Declaration of Independence

I think it proper here not only to subscribe to the entire belief of the great and leading doctrines of the Christian religion, such as the Being of God, the universal defection and depravity of human nature, the divinity of the person and the completeness of the redemption purchased by the blessed Savior, the necessity of the operations of the Divine Spirit, of Divine Faith, accompanied with an habitual virtuous life, and the universality of the divine Providence, but also . . . that the fear of God is the beginning of wisdom; that the way of life held up in the Christian system is calculated for the most complete happiness that can be enjoyed in this mortal state; that all occasions of vice and immorality is injurious either immediately or consequentially, even in this life; that as Almighty God hath not been pleased in the Holy Scriptures to prescribe any precise mode in which He is to be publicly worshiped, all contention about it generally arises from want of knowledge or want of virtue.

Will of Richard Stockton