http://www.centredaily.com/mld/centredaily/news/opinion/14702591.htm

Posted on Wed, May. 31, 2006
Founders faced many issues still here today
And while many were handled more sternly, these politicians gave us a system that tried to put human nature to its best use.
By Richard Brookhiser

They're on our money, and on Mount Rushmore. They were first in war, first in peace, and first in politics. What would the Founders do about the hot-button issues that vex us today?

Top of the list for us their heirs is immigration, chiefly illegal. Immigrants came to 18th-century America, especially late in the 1790s when thousands of French and Irish fleeing turmoil and repression in their homelands landed here. Many founders were alarmed by this influx.

In 1798, Congress, worried about "hordes of wild Irishmen ... com[ing] here with a view to disturb our tranquility," passed an Alien Act, allowing President John Adams to deport dangerous aliens on his own finding, without trial. These views backfired at the ballot box. Thomas Jefferson beat Adams in the election of 1800, in part, by catering to the ethnic and immigrant vote (he called the Alien Act a "dupery" imposed on the public).

As for illegal immigrants, most Founders would probably endorse the general principle stated by Alexander Hamilton during another controversy of the 1790s, over unpopular whiskey taxes: "How can a government of laws exist where the laws are disrespected and disobeyed?"

Several of the Founders were multilingual. Gouverneur Morris, draftsman of the Constitution, spent a decade in Europe, speaking French and German with diplomats, businessmen and girlfriends. But English was the national language in fact, if not law. John Jay wrote, in the Federalist Papers, No. 2, that we were "one united people ... descended from the same ancestors, speaking the same language." This was not literally true of everyone: Jay's own grandparents were French and Dutch; his Dutch grandfather, it was said, could "scarce speak English." But their grandson grew up speaking the common tongue well enough to coauthor a great book in it.

The late 18th century was not a good time for gay rights. When Jefferson was assigned to revise Virginia's penal code during the Revolution, he suggested that sodomites be castrated (his fellow Virginians didn't go along). Soldiers who were caught committing homosexual acts were drummed out of the Continental Army. But when Gen. George Washington got a letter telling him that Baron von Steuben, his Prussian-born drillmaster, had been a pedophile back in Germany, he ignored it as unsubstantiated gossip. He would not convict a man on innuendo.

When the Founders ratified the Second Amendment in 1791, they had in mind English politics of the 1680s, when a Catholic king (James II) was thought to be scheming to impose his religion on a Protestant nation by using a powerful army. After James was deposed, England adopted a bill of rights, including a right to bear arms. A century later the Founders supported militias and an armed citizenry, not to protect Protestants against Catholics, but to allow the states or the people to defend themselves against a national government gone wild. They were surrounded by guns in their daily lives - sometimes to their cost. Two signers of the Constitution and one signer of the Declaration were killed in duels, which were illegal everywhere, but prosecuted nowhere, since that was how gentlemen defended their honor.

The most common drug, then as now, was alcohol. One of the justifications that Treasury Secretary Alexander Hamilton advanced for his controversial whiskey tax was that it would lower consumption: "[R]endering the article dearer might restrain too free an indulgence of such habits." The big government man of the founding addressed the drug problem of his day, and proposed a tax. It is unlikely he would have fought the war on drugs as we do now.

The Founders confronted numerous other issues - terrorism, rogue nations, race, taxes, judicial review - two centuries before we have. Why do their struggles still interest us? Hasn't the world changed beyond recognition from their time to ours?

Not too much. We live in a rather young country (how remote are the founding fathers of China?) with rather old institutions (how many revolutions has France had since the 18th century?). Though the Founders would be stunned by innovations such as cars, computers and good teeth, they would remind us that passions - for honor, fame, power and money - haven't changed at all. They gave us a system that tried to put human nature to good use, while limiting the damage it did. They can still show us how to think and, in many cases, what to think about. Richard Brookhiser is a senior editor of National Review and a columnist for the New York Observer; his latest book is What Would the Founders Do? Our Questions, Their Answers (www.founderblogs.com). He is speaking at the National Constitution Center on Monday at 6:30 p.m. Reservations required, 215-409-6700 or www.constitutioncenter.org.

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