Look There For A Sign

“Without the fear of hell and the hope of the Last Judgment, the Western legal tradition could not have come into being.”– Harold J. Berman

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” — John Adams

“Communism begins where atheism begins.” — Karl Marx

“Every time a society finds itself in crisis it instinctively turns its eyes towards its origins and looks there for a sign.” — Octavio Paz

My boyhood years in El Pao, which I still regard as a paradisiacal jungle location in Venezuela, gifted me with wonderful, cherished moments and memories. 

One of those remembrances is sitting at the bar in the club and listening to the rambunctious, freewheeling, carefree, and often loud conversations of the men who assembled there after the 4 O’clock whistle. These men spoke of the news, of events back home in the states, of the prior night’s movie, of anything that occurred to them. And they did so without inhibitions and certainly with no concern about being “censored” or “cancelled”.

One thing that I never thought about was bad language — four-letter-words. I never thought about it because I never — not once — heard one uttered in those conversations.

This became a wonder to me as I looked back, especially after seeing the movie, The French Connection, in 1971. That was the first time I heard so much foul language in a film, in particular, the bar scene where Popeye crashes a drug scene fingered by an informant.

The wonder to me was that I had not heard such words from the rough and tough men — several of them combat veterans — who talked loudly with one another in that bar in El Pao. They knew I was there. And they checked their profanity accordingly. And this also applied when ladies were present.

Parenthetically, there were no laws then against children being in the bar in El Pao. And I never saw a single drunkard there — man or child.

How did the American men in El Pao know that profanity was not to be uttered in front of children? Undeniably this hearkens back to the colonial era, a strong echo of which is seen in George Washington’s strict orders to the Continental Army forbidding profanity — especially taking the Lord’s Name in vain — and enjoining attendance at Sunday worship services.

Any cursory reading of the era’s primary sources will readily establish that the basis for such proscriptions and prescriptions was not “custom” or “tradition” or “squeamishness”. It was the love of God and the fear of God. And that love and fear is abundantly in evidence throughout the colonial era and well into the mid 19th Century.

No doubt that genuine devotion eventually did indeed devolve into custom and tradition; so much so that European intellectuals in the 20th Century mocked the “prudish” and “Puritanical” Americans, many of whom in turn would not know how to explain the moral foundations for their behavior other than by appealing to custom and culture, not to Christianity or the Bible.

Octavio Paz’s reference above is a statement of which I am not so sure. I see precious few folks today turning their eyes to our origins in order to seek answers to the current lawlessness in our cities or to the haphazard enforcement of laws in our politics. I hear or read precious few allusions to the Mayflower Compact, John Winthrop, Cotton Mather, Jonathan Edwards, or John Witherspoon, let alone to the Book of books, The Bible.

All of the above, and much more, would comprise a major part of our “origins”. If we are to seek a sign there, we’ve barely begun to look.

But begin to look, we must.

John Winthrop — 1587-1649

Some of the men of El Pao

Christmas Day 1776

Today, most Americans under 40 know very little about George Washington’s crossing of the Delaware River on Christmas Day in 1776. They may have seen photos of Emanuel Leutze’s famous painting which managed to capture the American spirit but not accurate physical details of the crossing.

In 1988 Benjamin Hart published Faith and Freedom from which I’ve excerpted his account of Washington’s momentous crossing, which we would do well to remember and to teach our children and grandchildren.

From Faith and Freedom, by Benjamin Hart:

[George Washington had suffered a series of humiliating defeats in addition to backbiting among his men, including Charles Lee, who sought to run down his reputation whenever he had a chance to talk with members of Congress. British General William Howe had executed devastating attacks against the Americans and now had only to cross the Delaware River to capture Philadelphia. But Howe was foiled by Washington, who made his fabled crossing of the half frozen Delaware River that 1776 Christmas night — RMB]

“The Patriot forces had to endure a terrible storm. But … the operation would not have succeeded without help from the weather. The storm actually was a godsend. The British forces encamped in Trenton, mainly German mercenaries, did not believe any army could function under such conditions and so ignored reports that Washington was planning an attack. In sub-freezing and blizzard conditions Washington packed onto a fleet of 40-feet longboats 2,400 troops, in addition to horses, artillery, ammunition, and supplies. Soldiers who got wet found themselves encased in frozen clothing; floating ice chunks in the river threatened to smash the boats; and progress was slow. Washington hoped to attack at night. But it became clear that it would be broad daylight by the time they reached enemy encampments.”

“When the final march actually began, the storm was at its worst. Two Americans dropped and froze to death during the march. But the blizzard and howling winds also concealed American troop movements …. The German (Hessian) mercenary forces were surprised [they never expected the Americans to ‘keep their powder dry’ under such conditions; the battle was actually an anti-climax in comparison to the horrible deprivations of the journey].  Blinded by the snow and unable even to discern from which direction Patriot shots were being fired, 1,500 Hessians surrendered….”

“American casualties: two men had frozen to death on the march, and three more were wounded during the battle. This was a staggering victory for Washington, and greatly boosted American spirits.”

“A week later, Washington repeated the feat, this time in the Battle of Princeton. He crossed the Delaware again and was almost trapped by Lord Cornwallis’ forces. In well-ordered fashion, the British formed their customary battle lines and were about to slice the Patriots into ribbons. Washington, seeing confusion among his ranks, galloped to the front in an attempt to steady the nerves of his wavering recruits. On his huge white horse, with his 6-foot 3-inch frame, he was a conspicuous target. He stopped only 30 yards from the first British line, and directed his men to take aim. Miraculously, he survived the first volley. As historian J. T. Flexner recounts the episode: ‘When the two forces came in range, both fired; Washington was between them. An aide, Colonel Richard Fitzgerald, covered his face with his hat to keep from seeing the Commander in Chief killed. When Fitzgerald lowered the hat, he saw many men dead and dying, but the General was sitting untouched on his horse.”

George Washington has been the object of cowardly attack since the mid-20th century. As Alexander Solzhenitsyn wrote, “To destroy a country, you must first cut off the roots.” And George Washington is very much a part of our roots. So the usual suspects seek to destroy him.

However, the historical record is available for all who care to exert themselves just a bit and see for themselves.

He wrote about his admiration for his men, “Naked and starving as they are, we cannot enough admire the incomparable patience and fidelity of these soldiers.” His exhortations included, “To the distinguished character of a Patriot, it should be our highest glory to add the more distinguished character of Christian.” 

The Reverend Henry Muhlenberg had the opportunity to observe Washington’s conduct: “Washington rode around among his army yesterday and admonished each and every one to fear God. This gentleman … respects God’s word, believes in atonement through Christ, and bears himself in humility and gentleness.”

Regarding that Christmas night in 1776, after the ensuing battle the following day, Washington ordered his men to treat the Hessians “with humanity”. This was totally unexpected, for the Germans had behaved despicably toward American farmers and homes and had massacred prisoners just a few weeks prior. The German prisoners wrote letters home to Germany praising the Americans. Many Germans emigrated to America after the war.

In his farewell address, long ignored, but which used to be studied in high school and college, Washington stated what for long was assumed but is now mocked, “Of all the dispositions and habits which lead to political prosperity, Religion and Morality are indispensable supports.”

He also was quoted by Ashahel Green, “Religion and Morality are the essential pillars of civil society.”

Finally, in his speech to the Delaware Chiefs in 1779, he said, “You will do well to wish to learn our ways of life, and above all, the religion of Jesus Christ. These will make you a greater and a happier people than you are.”

This Christmas season, we are grateful for God Who sent forth His Son born of a woman, born under the law, to redeem us from our sins. And we are grateful for our history, in which George Washington played a large and indispensable role and who, as his friend, Henry Lee summarized, was “First in war, first in peace, and first in the hearts of his countrymen.”

His example and faith deserve to be rediscovered and the Christmas season is a good time to ponder thereon.

The American spirit is captured well in Emmanuel Leutze’s 19th Century painting of Washington’s crossing the Delaware on Christmas Day, 1776.

President George Washington’s Thanksgiving Day Proclamation

Thanksgiving is this Thursday, November 24, 2022.

It would be beneficial to set aside a few minutes to read our first president’s Thanksgiving proclamation.

WHEREAS it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favour; and Whereas both Houses of Congress have, by their joint committee, requested me “to recommend to the people of the United States a DAY OF PUBLICK THANKSGIVING and PRAYER, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness:”

NOW THEREFORE, I do recommend and assign THURSDAY, the TWENTY-SIXTH DAY of NOVEMBER next, to be devoted by the people of these States to the service of that great and glorious Being who is the beneficent Author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union, and plenty which we have since enjoyed;– for the peaceable and rational manner in which we have been enabled to establish Constitutions of government for our safety and happiness, and particularly the national one now lately instituted;– for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge;– and, in general, for all the great and various favours which He has been pleased to confer upon us.

And also, that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech Him to pardon our national and other transgressions;– to enable us all, whether in publick or private stations, to perform our several and relative duties properly and punctually; to render our National Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have shewn kindness unto us); and to bless them with good governments, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science among them and us; and, generally to grant unto all mankind such a degree of temporal prosperity as He alone knows to be best.

GIVEN under my hand, at the city of New-York, the third day of October, in the year of our Lord, one thousand seven hundred and eighty-nine.

(signed) G. Washington

Versión en español (Spanish Translation):

Primera proclamación oficial del Día de Acción de Gracias de parte del Presidente George Washington:

Considerando que es el deber de todas las naciones reconocer la providencia del Dios todopoderoso, a obedecer su voluntad, a ser agradecidos por sus beneficios, y a humildemente rogar por su protección y su favor;

Y, considerando que ambas cámaras del congreso, mediante su resolución conjunta, han solicitado que yo “recomiende al pueblo de los Estados Unidos un Día de Acción de Gracias y de Oración , a ser observado mediante el reconocer con corazones agradecidos los muchos y grandes favores de Dios todopoderoso, especialmente el haberles ofrecido la oportunidad de establecer pacíficamente una forma de gobierno para su seguridad y su gozo.

Ahora pues, recomiendo y asigno el próximo jueves, veintiseis de noviembre, a ser dedicado por el pueblo de estos estados al servicio de Aquel gran y glorioso Ser quien es al Autor beneficiente de todo lo bueno que ha sido, que es, y que será; que podamos todos unirnos en darle a Él nuestro sincero y humilde agradecimiento por su bondadoso cuidado y protección por el pueblo de este pais antes de ser convertidos en una nación; por sus misericordias grandes y multiples; y por las interposiciones favorables de su providencia en el curso y en la conclusión de la pasada guerra; por el gran grado de tranquilidad, unión, y abundancia que hemos disfrutado; —

Por la manera apacible y racional en que fuimos habilitados a establecer constituciones de gobierno para nuestra seguridad y gozo, y en particular la constitución nacional que acaba de ser ratificada.—

Por la libertad civil y religiosa con las cuales somos bendecidos; y por los medios que poseemos de adquirir y difundir el conocimiento util; —

Y, en general, por todos los favores grandes y múltiples que a Él le ha agradado conferir sobre nosotros.

Y también, que nosotros podamos unirnos en humildemente ofrecer nuestras oraciones y suplicaciones al gran Senor y Gobernador de las naciones y rogarle que perdone nuestras transgresiones nacionales y personales – para habilitarnos a todos, o en estaciones públicas o en estaciones privadas, a desempeñar nuestros deberes apropiadamente y punctualmente.; —

Y le suplicamos que nuestro gobierno nacional sea de bendición a todo el pueblo mediante leyes sabias, justas, y constitucionales, ejecutadas y obedecidas discretamente y fielmente;

A proteger y guiar a todos los soberanos y las naciones (en especial aquellas que han demonstrado bondad hacia nosotros); y a bendecirlas con buenos gobiernos, con paz y armonía; a promover el conocimiento y la práctica de la religión y la virtud verdadera entre nosotros y entre ellas;

Y, en general, que Él conceda a todos el grado de prosperidad que Él considere que sea lo mejor.

Dado bajo mi mano, en la ciudad de Nueva York, el tercer dia de octubre en el año de nuestro Senor, mil setecientos ochenta y nueve.

firmado por George Washington

Simón Bolivar III — Influences

To gauge the extent of French revolutionary influence in Latin America, an influence which persists to this day, one need not look further than any popular source to see which system of law predominates in any given country.

For centuries, Latin America’s legal system was based on the “major legislative achievement from the Middle Ages,” the Siete Partidas. After the revolutionary wars, the legal systems were modeled after the Napoleonic Code, although, to be sure, the influence of the Siete Partidas , or “Seven Part Code”, persisted.

In brief, the Seven Part Code, promulgated in the 1200’s, declared that all law is to conform to God’s decree. It recognized the ultimate Law Giver as God, not man. It’s first part, roughly translated, states, “To the service of God.” The Napoleonic code, which was developed to codify the French Revolution, rejects any mention of God, but does pay obeisance to the Serpent’s ancient temptation by making man a god. It is humanistic to the core. Of course, it borrowed much from the Christian capital accumulated over millennia, but its deafening silence on God and religion was obvious.

(In striking contrast, consider: the legal system in the then recently independent North American, former English colonies remained the same as England’s: Common Law, with its Christian roots in the Magna Carta. South America was convulsed by a true “revolution”; North America, not so much.)

All South American law is heavily Napoleonic, except for Chile and the countries that adopted or were heavily influenced by Chile’s civil law. 

Why is Chile an exception?

We can thank Venezuelan Andrés Bello, whom we will visit in future posts. For now, we will say he was truly one of the most influential personages of history. Poet, illustrious philologist, excellent diplomat, and unique thinker, this man led a most singular life whose benign influence continues to this day. Although born in Venezuela, he lived 19 years in London, where he met another great personage to whom we’ll return in future posts, Francisco de Miranda, a man who had personally met George Washington, Thomas Jefferson, and other founding fathers of the United States.

He briefly tutored Bolivar, but Bolivar did not heed his request for help to return to his native land. Eventually, Bello was invited to come to Chile where he lived the remaining 36 years of his life. And a most industrious life it was: founded the University of Santiago; developed the Gramática de la Lengua Castellana Destinada Al Uso de Los Americanos, a masterpiece of Spanish grammar and vocabulary. 

And, as if that were not enough, he developed the Civil Code of Chile, adopted by some countries and heavily relied upon by others. His approach incorporated some of the Napoleonic Code, while retaining much of the Spanish Seven Part Code, in modified fashion. A truly remarkable man. He died aged 83 in Santiago, Chile, in 1865.

Another influence, although not so benign, was Simón Rodriguez, long time tutor of Bolivar in his youth. Bolivar lived with him from the age of 12 to 14. Rodriguez was immersed in Rousseau’s philosophy and revolutionary ideology. In exile he met up with his former protege, Bolivar, in Europe and traveled much of the continent with him, including meetings with Napoleon and his coronation in Milan. Rodriguez witnessed Bolivar’s famous oath of not giving rest to his arm until he had “broken the chains … of Spanish power.”

Bolivar helped him return to South America where he died aged 84 in 1854 in Amotape, Peru. He referred to him as “my Socrates. A consummate philosopher. The Socrates of Caracas.” Although his personal influence pales alongside that of Bello, his mentoring of Bolivar impacted Venezuela and much of South America to this day.

(Guess which of the two was honored by the geniuses at Google: Bello or Rodriguez? Hint: the same one who is idolized by the current regime in Venezuela: Rodriguez. No surprise there. And yet another reason to use Bing.)

From a layman’s point of view, Bello managed to tip his hat to the Napoleonic code, while recognizing that the legal tradition and mores of the former Spanish colonies were deeply “non-revolutionary”, even religious. So, since the 19th century, a certain tension has been a part of the legal and intellectual life in South America with some regions or countries handling it with less disruptions than others. This matter deserves much more study and consideration and I am convinced it will help explain much of Latin American life from the 1800’s to the present.

For now, I am grateful it was Bello who developed the Civil Code, not Rodriguez.

We’ll return to Bolivar and these men in future posts.

Simón Rodriguez (1769-1854). Bolivar lived with him for several years as a youth and was heavily influenced by Rodriguez who in turn followed the theories and philosophy of Rousseau who in turn was a great influence on the French Revolution. Refer to prior post (Bolivar II) for more on Rousseau.
Andres Bello (1781-1865). Portrait was painted, circa 1850, by Raymond Monvoisin, French painter who lived in Chile at the time. Photograph was taken circa 1863, shortly before his death in 1865. A truly remarkable man.
First page of a 1555 version of the Seven Part Code.
The Napoleonic Code in the Historical Museum of the Palatinate in Speyer.
Francisco de Miranda (1750-1816). Before Bolivar, he sought independence from Spain, but for not for the same revolutionary reasons. Miranda lived in the United States and met George Washington, Alexander Hamilton, Samuel Adams, and Thomas Jefferson, among others. A soldier, statesman, scholar. He was betrayed by his Venezuelan compatriots, including Bolivar, handed to the Spanish, and died in exile in Spain, aged 66. The portrait is by Martin Tovar y Tovar, a famous Venezuelan painter.