Is The US Founded Upon Christian Principles?

Robert Howard Kroepel

Copyright © 2003


Is The US Founded Upon Christian Principles?

#Is_US_Common_Law_Based_upon_Christian Common Law?
#Was_the_US_Founded_on_the_Christian_God or the Christian Religion?
#Are_the_Judeo-Christian_Ten_Commandments the Basis of US Law?

Christians claim that the US Constitution and therefore the US itself is founded upon uniquely Christian principles, and that the Christian principles have Biblical sources.

Thomas Jefferson, one of the influential US Founders, a Deist, described the fact that in the deliberations by Virginia statesmen for the wording or the Virginia Act for Religious Freedom, which preceded the US Constitution 1st Amendment, the Virginians rejected the linkage of the name "Jesus Christ" to the phrase "the holy author of our religion":

"Where the preamble declares, that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed by inserting "Jesus Christ," so that it would read "A departure from the plan of Jesus Christ, the holy author of our religion;" the insertion was rejected by the great majority, in proof that they meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and Mohammedan, the Hindoo and Infidel of every denomination." [1]

What are the Christian principles Christians claim are the principles upon which the US Const. and therefore the US was founded? (2)

1. Equal treatment for all before the law.

Ex. 12:49 (NKJV)
49 One law shall be for the native-born and for the stranger who dwells among you.

Num. 15:16 (NKJV)
16 One law and one custom shall be for you and for the stranger who dwells with you.

Fact: The Code of Hammurabi predates Jewish/Christian law and declares noblemen are not exempt from punishment before the law for injuries to innocent individuals.

Conclusion: Judeo/Christian lawyers/legislators did not invent the legal concept/principle that rulers are not above the law--that all men are equal before the law.

2. The subservience of gov't to the written constitution.

Deut. 30:10 (NKJV)
10 If you obey the voice of the LORD your God, to keep His commandments and His statutes which are written in this Book of the Law, and if you turn to the LORD your God with all your heart and with all your soul.

Question: What meanings in the written words of Deut. 30:10 declare a government is to be subservient to a written constitution?

Josh. 1:8 (NKJV)
8 This Book of the Law shall not depart from your mouth, but you shall meditate in it day and night, that you may observe to do according to all that is written in it. For then you will make your way prosperous, and then you will have good success.

Question: What meanings in the written words of Josh. 1:8 declare a government is to be subservient to a written constitution?

2 Chron. 17:3-4 (NKJV)
3 Now the LORD was with Jehoshaphat, because he walked in the former ways of his father David; he did not seek the Baals, 4 but sought the God of his father, and walked in His commandments and not according to the acts of Israel.

Question: What meanings in the written words of Chron. 17:3-4 declare a government is to be subservient to a written constitution?

2 Chron. 34:20-22 (NKJV)
20 Then the king commanded Hilkiah, Ahikam the son of Shaphan, Abdon the son of Micah, Shaphan the scribe, and Asaiah a servant of the king, saying, 21 "Go, inquire of the LORD for me, and for those who are left in Israel and Judah, concerning the words of the book that is found; for great is the wrath of the LORD that is poured out on us, because our fathers have not kept the word of the LORD, to do according to all that is written in this book.

Question: What meanings in the written words of Chron. 30:20-22 declare a government is to be subservient to a written constitution?

Conclusion: There are no written words among those cited in Chron. 30:20-22 which declare a government shall be subservient to a written constitution.

3. The three branches of gov't with equal power,

Isa. 33:22 (NKJV)
22 For the LORD is our Judge, The LORD is our Lawgiver, The LORD is our King; He will save us.

Question: Have any other governments in existence in history prior to any Jewish governments had problems requiring the specification of (1) who is/are to establish public laws and policies and therefore who is a lawgiver/who are lawgivers, (2) who are to be judges in a judicial system, and (3) who is to be a governor or dictator or king and who therefore performs executive functions? Is the tripartite division of government into (1) a legislative department, (2) a judicial department, and (3) an executive department uniquely Jewish/Christian?

Conclusion: Without further research, the likelihood is very low that the Jewish/Christian governments were the first uniquely tripartite forms of government.

4. The concept of inalienable rights with power/authority flowing from the people to levels of gov't.

Rom. 13:1-7 (NKJV)
1 Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. 2 Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves. 3 For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. 4 For he is God’s minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God’s minister, an avenger to execute wrath on him who practices evil. 5 Therefore you must be subject, not only because of wrath but also for conscience’ sake. 6 For because of this you also pay taxes, for they are God’s ministers attending continually to this very thing. 7 Render therefore to all their due: taxes to whom taxes are due, customs to whom customs, fear to whom fear, honor to whom honor.

Comment: This quote clearly claims that the authority for government comes from the Judeo-Christian god, not from the people governed.

The Preamble of the US Constitution:

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

The key phrase herein, "We the people of the United States," declares clearly that the authority for the US Govt comes from the people and not from gods.

John Adams, one of the influential US Founders, a Deist, and Second US President, wrote:

The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature; and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an era in their history. Although the detail of the formation of the American governments is at present little known or regarded either in Europe or in America, it may hereafter become an object of curiosity. It will never be pretended that any persons employed in that service had interviews with the gods, or were in any degree under the influence of Heaven, more than those at work upon ships or houses, or laboring in merchandise or agriculture; it will forever be acknowledged that these governments were contrived merely by the use of reason and the senses.

... Thirteen governments [of the original states] thus founded on the natural authority of the people alone, without a pretence of miracle or mystery, and which are destined to spread over the northern part of that whole quarter of the globe, are a great point gained in favor of the rights of mankind. [From "A Defence of the Constitutions of Government of the United States of America" by John Adams, 1787.] [5]

We can note that according to John Adams, again, one of the Founders, who was present at the US Constitutional Convention and therefore in a position to know of what actually happened therein, by the writing of the basis of US law, the US Constitution, the US government was 'erected on the simple principles of nature' 'by the use of reason and the senses,' and the authority of the US government comes not from gods but from 'the natural authority of the people alone.' [6]

Conclusion: The concept of inalienable rights with power/authority flowing from the people to levels of gov't is not found in the Christian Bible but is found in words of J. Adams in his "Defense of the US Consitution," and, therefore, the concept of inalienable rights, etc., is not a unique Christian principle.

5. The republican form of democracy.

Ex. 18:21 (NKJV)
21 Moreover you shall select from all the people able men, such as fear God, men of truth, hating covetousness; and place such over them to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens.

Deut 1:13 - 17 (KJV)
13 Take you wise men, and understanding, and known among your tribes, and I will make them rulers over you.  14 And ye answered me, and said, The thing which thou hast spoken is good for us to do.  15 So I took the chief of your tribes, wise men, and known, and made them heads over you, captains over thousands, and captains over hundreds, and captains over fifties, and captains over tens, and officers among your tribes.  16 And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.  17 Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God’s: and the cause that is too hard for you, bring it unto me, and I will hear it.

Comment: A democracy is a form of government in which political power flows from the people to government officials and the people vote to elect public officials and to legislate public laws and policies.

In a pure democracy, the people vote not only for political leaders but also upon each and every public law and policy.

Democracy is known to have been developed by Cleisthenes of Athens (570 BC - 507 BC) in Athens, Greece, circa 508 BC. (3)

In a republican, or representative, form of government, the political power again flows from the people, but instead of voting upon each and every public law and policy the people elect representatives who then vote upon and thereby legislate public laws and policies.

In the supposed Biblical sources of the republican form of democracy, Ex. 18:21 and Deut 1:13-17, the representatives are appointed, chosen not by the people through elections, but by decree of the king. A representative form of government in which the representatives are appointed by and therefore are subservient to a king is not a republican form of democracy; in a republican form of democracy the representatives are elected by the people.

Thus, the claimed Biblical source of the republican form of government is not the true source of the republican form of government.

From ...

http://www.jmu.edu/madison/prayers.htm

... we have the following report by B. Franklin inre his proposal for opening each daily sessions of the US Constitutional Convention with prayers:

Benjamin Franklin

Motion for Prayers in the Convention

[Motion made June 28, 1787]

Mr. President,

The small Progress we have made, after 4 or 5 Weeks' close Attendance and continual Reasonings with each other, our different Sentiments on almost every Question, several of the last producing as many Noes as Ayes, is, methinks, a melancholy Proof of the Imperfection of the Human Understanding. We indeed seem to feel our want of political Wisdom since we have been running all about in Search of it. We have gone back to ancient History for Models of Government, and examined the different  Forms of those Republics, which, have been orig[i]nally formed with the  Seeds of their own Dissolution, now no longer exist; and we have viewed modern States all round Europe, but find none of their Constitutions suitable to our Circumstances.

In this Situation of this Assembly, groping, as it were, in the dark to find Political Truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of Lights to illuminate our Understandings? In the Beginning of the Contest with Britain, when we were sensible of Danger, we had daily prayers in this Room for the Divine Protection. Our Prayers, Sir, were heard; -- and they were graciously answered. All of us, who were engaged in the Struggle, must have observed frequent Instances of a superintending Providence in our Favour. To that kind Providence we owe this happy Opportunity of Consulting in Peace on the means of establishing our future national Felicity. And have we now forgotten that powerful friend? or do we imagine we no longer need its assistance? I have lived, Sir, a long time; and the longer I live, the more convincing proofs I see of this Truth, that GOD governs in the Affairs of Men. And if a Sparrow cannot fall to the Ground without His Notice, is it probable that an Empire can rise without His Aid? We have been assured, Sir, in the Sacred Writings that "except the Lord build the House, they labour in vain that build it." I firmly believe this; and I also believe, that, without his concurring aid, we shall succeed in this political Building no better than the Builders of Babel; we shall be divided by our little, partial, local Interests, our Projects will be confounded, and we ourselves shall become a Reproach and a Bye-word down to future Ages. And, what is worse, Mankind may hereafter, from this unfortunate Instance, despair of establishing Government by human Wisdom, and leave it to Chance, War, and Conquest.

I therefore beg leave to move,

That henceforth Prayers, imploring the Assistance of Heaven and its Blessing on our Deliberations, be held in this Assembly every morning before we proceed to Business; and that one or more of the Clergy of this city be requested to officiate in that Service.*

*"The convention, except three or four persons, thought prayers unnecessary!" [Franklin's note.]

Comment: We can note that Franklin described the Founders' search for models of government to use for the creation of the US Constitution and the US Government:
"We have gone back to ancient History for Models of Government, and examined the different  Forms of those Republics, which, have been orig[i]nally formed with the Seeds of their own Dissolution, now no longer exist; and we have viewed modern States all round Europe, but find none of their Constitutions suitable to our Circumstances."
From Franklin's comment we can justifiably conclude that the US Founders did not base their concept of a republican form of government upon pre-existing republican forms of government, including any claimed Jewish, or Judeo-Christian, form of republic.

The Constitutional Conventioneers, the US Founders, accepted Franklin's suggestion that Congress would have two branches, the House of Representatives, whose members would represent the people according to population, each State therefore having representation according to its population, and the Senate, whose members would represent the States, each State having two Senators and thus equal representation.

General Comments: Most of the claimed Christian principles of government are not Christian but are, instead, Jewish. The claimed sources of Christian principles 1, 2, 3, and 5 are clearly Jewish because they are original to the Old Testament of the Bible, which is Jewish, and are not original to the New Testament, which is Christian.

Conclusion: The US republican form of democratic gov't is unique to the US Founders and not found in the Christian Bable, certainly not in the supposed Biblical sources of the republican form of democracy, Ex. 18:21 and Deut 1:13-17, wherein the representatives are appointed, chosen not by the people through elections, but by decree of the king.

Is US Common Law Based upon Christian Common Law?

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US Constitution 7th Amendment:

In suits at common law. . . the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States than according to the rules of the common law.

Thomas Jefferson, one of the influential US Founders, A US President, and a Deist, and therefore not supportive of Christian claims of the origin of US law, wrote:

"For we know that the common law is that system of law which was introduced by the Saxons on their settlement in England, and altered from time to time by proper legislative authority from that time to the date of Magna Charta, which terminates the period of the common law. . . This settlement took place about the middle of the fifth century. But Christianity was not introduced till the seventh century; the conversion of the first christian king of the Heptarchy having taken place about the year 598, and that of the last about 686. Here then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it.

". . . if any one chooses to build a doctrine on any law of that period, supposed to have been lost, it is incumbent on him to prove it to have existed, and what were its contents. These were so far alterations of the common law, and became themselves a part of it. But none of these adopt Christianity as a part of the common law. If, therefore, from the settlement of the Saxons to the introduction of Christianity among them, that system of religion could not be a part of the common law, because they were not yet Christians, and if, having their laws from that period to the close of the common law, we are all able to find among them no such act of adoption, we may safely affirm (though contradicted by all the judges and writers on earth) that Christianity neither is, nor ever was a part of the common law."  [Thomas Jefferson, from a letter to Thomas Cooper, February 10, 1814] [4]

The Latin phrase "ancien scripture" appears in the words of a writer named Priscot, and although "ancien scripture" translates into English as "ancient scripture," meaning "old writings," Jefferson explained that Christians have chosen to translate "ancien scripture" to mean "Holy Scripture," as in "Holy Bible" to justify their claim that the US common law was based upon the Bible:

"And Blackstone repeats, in the words of Sir Matthew Hale, that 'Christianity is part of the laws of England,' citing Ventris and Strange ubi surpa. 4. Blackst. 59. Lord Mansfield qualifies it a little by saying that 'The essential principles of revealed religion are part of the common law." In the case of the Chamberlain of London v. Evans, 1767. But he cites no authority, and leaves us at our peril to find out what, in the opinion of the judge, and according to the measure of his foot or his faith, are those essential principles of revealed religion obligatory on us as a part of the common law."

Thus we find this string of authorities, when examined to the beginning, all hanging on the same hook, a perverted expression of Priscot's, or on one another, or nobody." [Thomas Jefferson, from a letter to Thomas Cooper, February 10, 1814] [4]

The Encyclopedia Britannica: "The nature of the new common law was at first much influenced by the principles of Roman law, but later it developed more and more along independent lines." [4]

The concept of the jury and trial by jury as well as the concept of the right to a speedy trial came out of Saxon common law. [4]

Conclusion: US common law was not based upon Christian common law but instead was based upon English common law which was based upon Saxon common law.

Was the US Founded on the Christian God or the Christian Religion?

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John Adams, one of the influential US Founders, a Deist, and Second US President, wrote:

The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature; and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an era in their history. Although the detail of the formation of the American governments is at present little known or regarded either in Europe or in America, it may hereafter become an object of curiosity. It will never be pretended that any persons employed in that service had interviews with the gods, or were in any degree under the influence of Heaven, more than those at work upon ships or houses, or laboring in merchandise or agriculture; it will forever be acknowledged that these governments were contrived merely by the use of reason and the senses.

... Thirteen governments [of the original states] thus founded on the natural authority of the people alone, without a pretence of miracle or mystery, and which are destined to spread over the northern part of that whole quarter of the globe, are a great point gained in favor of the rights of mankind. [From "A Defence of the Constitutions of Government of the United States of America" by John Adams, 1787.] [5]

We can note that according to John Adams, again, one of the Founders, who was present at the US Constitutional Convention and therefore in a position to know of what actually happened therein, by the writing of the basis of US law, the US Constitution, the US government was 'erected on the simple principles of nature' 'by the use of reason and the senses,' and the authority of the US government comes not from gods but from 'the natural authority of the people alone.'

The Treaty of Tripoli, between the people of the United States and the people of Tripoli, was negotiated by Joel Barlow, who had been appointed by George Washington to be a chaplain to the Continental Army and later to be the US Consul General to Algiers; negotiations for the Treaty were concluded November 4th, 1796 [6], which was during George Washington's second term of office as the first US President. [7]

We can reasonably assume and thereby conclude that Washington knew of the content of the Treaty and of the wording of Article 11 because it was negotiated and signed in Algiers during his second term. [7]

US President John Adams presented the Treaty of Tripoli to the US Senate on May 26th, 1797, in his first term; it was ratified unanimously by the US Senate on June 7, 1797: Adams signed it on June 10, 1797.

The Treaty of Tripoli, Article 11:
[The] Government of the United States of America is not in any sense founded on the Christian religion. [6]
According to The Journal of the Executive Proceedings of the United States Senate, the text had been presented by being read aloud as well as by copies printed "for the use of the Senate. No record shows any dissent among Senators, but records otherwise note that the vote was unanimous in favor of ratifying the Treaty. [7]

The treaty was printed in newspapers and thereby circulated among US citizens; there is no record of a public complaint concerning the wording of Article 11. [7]

The lack of Senatorial dissent and the lack of public complaint or debate shows that the US citizens were generally accepting of the idea that the US government was not founded upon the Christian religion and thereby not founded upon Christian principles, and, therefore, the US was not a Christian nation. [7]

The US Const. Art. VI Sect 2 declares thus:
"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding."
The linkage of the US Const. and the US Treaty of Tripoli thus declares the US was not founded upon the Christian religion nor upon Christian principles.

Conclusion: The US was not founded on Christian principles nor upon the Christian religion.

Are the Judeo-Christian Ten Commandments the Basis of US Law?

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The Ten Commandments of the Judeo-Christian Religions:

Exodus 20: 3-17 [KJV].

1. Thou shalt have no other gods before me.
2. Thou shalt not make any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the waters beneath the earth; thou shalt not bow down thyself to them, nor serve them.
3. Thou shalt not take the name of the Lord thy God in vain, for the Lord will not hold him guiltless that taketh His name in vain.
4. Remember the Sabbath day to keep it holy. Six days shalt thou labour and do all thy works; but the seventh day is the Sabbath of the Lord thy God; in it thou shalt do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy stranger which is within thy gates.
5. Honour thy father and thy mother, that thy days be long upon the land which the Lord thy God giveth thee.
6. Thou shalt not kill.
7. Thou shalt not commit adultery.
8. Thou shalt not steal.
9. Thou shalt not bear false witness against thy neighbor.
10. Thou shalt not covet thy neighbor’s house; thou salt not covet thy neighbor’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor anything that is thy neighbor’s.

We have thus a set of laws, but that set is easily divisible into (A) religious standards and (B) secular legal standards arising from natural necessities.

A. The Judeo-Christian Commandments which are Religious Standards:

1. Thou shalt have no other gods before me.
2. Thou shalt not make any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the waters beneath the earth; thou shalt not bow down thyself to them, nor serve them.
3. Thou shalt not take the name of the Lord thy God in vain, for the Lord will not hold him guiltless that taketh His name in vain.
4. Remember the Sabbath day to keep it holy. Six days shalt thou labour and do all thy works; but the seventh day is the Sabbath of the Lord thy God; in it thou shalt do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy stranger which is within thy gates.
5. Honour thy father and thy mother, that thy days be long upon the land which the Lord thy God giveth thee.

These are clearly religious standards and therefore not legal standards under the US Constitution.

They are specific references to the Judeo-Christian god, and, as such, their placement in US schools and courtrooms and government buildings would be a violation of US Const. 1st Amend.:

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; ...

B. The Judeo-Christian Commandments which are Secular Legal Standards:

6. Thou shalt not kill.
7. Thou shalt not commit adultery.
8. Thou shalt not steal.
9. Thou shalt not bear false witness against thy neighbor.
10. Thou shalt not covet thy neighbor’s house; thou salt not covet thy neighbor’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor anything that is thy neighbor’s.

These are clearly secular legal standards, and they are founded upon practical necessity for the preservation of the health, life, liberties, and properties of an individual specified to be a legal person, the preservation of a society, and the preservation of the human race, and, thus, they are not unique to the Judeo-Christian religions because they have been, are, and will be found in various forms in the laws of most tribes and nations.

Thomas Jefferson said thus:

The essence of all law is that no man should injure another; all the rest is commentary. [8]

When 'injury' is defined as causing a loss of life, limb, liberty, family, property, money, business and/or reputation, and when 'another' is defined as an innocent individual who does not intend to injure any other individual who does not intend to injure him or any other innocent individuals, then Jefferson's Essence of All Law can be rephrased thus:

The essence of all law is that no man should [be allowed to] injure [threaten to cause or cause an actual loss of life/limb/liberty/family/property/money/business/reputation] another [innocent man]; all the rest [of the law] is commentary.

We can note that there is no idea within the Jeffersonian Essence of All Law that is inherently religious, that is inherently based upon religious principles, and, by contrast, that is not based upon secular principles of necessities for the preservation of individual rights to life/limb/liberty/family/property/money/business/reputation, the preservation of a society, and the preservation of the human race.

The so-called Golden Rule, "Do unto others as ye would have them do unto thee", is not unique to Judaism nor Christianity but, instead, is found in many religions and legal systems, including those pre-dating the Jewish and Christian religions. Christians therefore cannot claim that the Golden Rule was a uniquely Christian principle upon which the US Constitution and thereby the US government was founded.

NOTE: The Golden Rule can be corrupted by the Dictator's Twist: "Do unto me what thou wish, but know that I will do unto thee what I wish". By the Dictator's Twist a dictator can challenge someone to struggle against him but in a strange sense of fair play if the dictator wins then the loser has to submit. The Dictator's Twist can be the basis of laws and policies that are violations of the Essence of All Law; for example, whereas the Essence is clear that causing a loss of liberty (freedom to choose what work to do, where to live, whom to marry, etc.) is an injury and therefore is a violation of the Law the Dictator's Twist of the Golden Rule can mean one person can enslave another who is not able to defend himself and thereby prevent the enslavement.

Conclusion: The Judeo-Christian Ten Commandments are not part of US Law.

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(1) Jim Walker, http://www.earlyamerica.com

(2) The information and Biblical quotes were provided by KW, a Christian friend and emailer.

(3) Cleisthenes as the developer of democracy.

http://ancienthistory.about.com/library/weekly/aa121900a.htm


http://www.pbs.org/empires/thegreeks/characters/cleisthenes_p1.html

http://www.kat.gr/kat/history/Greek/St/CleisthenesAthens.htm

(4) Jim Walker, http://www.earlyamerica.com

(5) Jim Walker, http://www.earlyamerica.com

(6) http://www.iidb.org/vbb/showthread.php?s=&threadid=39948&highlight=Deism+and+Founders

(7) Ed Buckner, http://www.positiveatheism.org/writ/founding.htm#BOSTON

(8) I remember reading "The essence of all law is that no man should injure another; all the rest is commentary" as attributed to Thomas Jefferson, who paraphrased it from a Jewish Rabbi, possibly Hillel. Jefferson applied it to secular law while the Rabbi applied it to Jewish religious law. I cannot remember the source of the attribution to Jefferson, nor have I found the source in any quotes attributed to Jefferson, nor by internet search have I found a source of similar words or phrases/phrasings. I only remember the Essence being attributed to Jefferson and to a Rabbi.

There is, however, a reference to the concept/principle of the essence of the law as relevent to injuries to innocent individuals:

objectivethought.com

"The legitimate powers of government extend to such acts only as are injurious to others."
--Thomas Jefferson, Notes on Virginia.