Thomas Jefferson’s Statement on Christianity and Common Law

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Thomas Jefferson’s assertion that “Christianity neither is, nor ever was a part of the common law” stands as a pivotal declaration in the ongoing debate about the relationship between religion and law in the early United States. This statement, found in Jefferson’s letter to Dr. Thomas Cooper dated February 10, 1814, reflects both his personal views on religious liberty and a broader legal argument concerning the origins and nature of English common law as it was adopted in America. To fully understand the implications of Jefferson’s claim, it is necessary to examine the historical context in which he wrote, the legal precedents he referenced, and the subsequent impact on American jurisprudence.

The common law is the body of law developed in England over centuries, primarily through judicial decisions rather than legislative statutes. By the time of the American Revolution, the colonies had adopted much of English common law as the basis for their own legal systems. However, questions remained about which aspects of English law were relevant or applicable in the new republic, particularly those that intertwined with religious doctrine. Jefferson’s statement was a direct response to efforts, particularly in Pennsylvania and other states, to cite Christianity as an inherent part of the common law and therefore a legitimate basis for legal decisions and government policy.

Jefferson’s skepticism toward the fusion of religion and law was rooted in Enlightenment principles and his commitment to religious freedom. He was a proponent of the separation of church and state, as evidenced by his role in drafting the Virginia Statute for Religious Freedom (1786), which declared that “no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever.” In his correspondence with Dr. Cooper, Jefferson argued that English common law developed independently of Christian doctrine, and that claims to the contrary were based on misinterpretations or deliberate distortions by later commentators. Jefferson referenced the works of English jurists such as Sir Matthew Hale, who had asserted that Christianity was part of the common law, and refuted their reasoning by pointing to earlier legal traditions and texts that made no such connection.

Jefferson’s position was not universally accepted. Some American judges and legal scholars, including Justice Joseph Story, maintained that Christianity had played a formative role in shaping common law principles and, by extension, American law. For example, in the case of People v. Ruggles (1811), the New York Supreme Court upheld a conviction for blasphemy, arguing that attacks on Christianity were punishable under the common law because the religion formed the foundation of moral and social order. Nevertheless, Jefferson’s insistence on the secular nature of common law influenced the development of legal thought in the United States, especially as the nation’s commitment to religious pluralism grew.

Modern legal scholars generally agree with Jefferson’s interpretation. In Church of the Holy Trinity v. United States (1892), the U.S. Supreme Court famously stated that “this is a Christian nation,” but this was more a reflection of cultural sentiment than legal doctrine. Subsequent decisions have reinforced the separation of church and state, holding that laws must have a secular purpose and cannot endorse or favor particular religious beliefs. Jefferson’s statement is often cited in contemporary debates over the role of religion in public life, serving as a reminder of the foundational principle that American law is not inherently tied to any specific faith.

In summary, Thomas Jefferson’s claim that “Christianity neither is, nor ever was a part of the common law” articulates a crucial point about the nature of law in a pluralistic society. His argument, grounded in historical analysis and Enlightenment ideals, helped shape the American understanding of religious liberty and the secular foundations of its legal system. For further reading, see Jefferson’s letter to Thomas Cooper, Leonard W. Levy’s The Establishment Clause, and the Supreme Court’s decision in Church of the Holy Trinity v. United States (143 U.S. 457).