James Madison, John Witherspoon, and Oliver Cowdery: The First Amendment and the 134th section of the Doctrine and Covenants

Brigham Young University Law Review, 2003 by Smith, Rodney K

With his profound impact on the founding of our nation, it is interesting to note that he did not leave his native Scotland until 1768, when he accepted the presidency at the College of New Jersey.26 During Witherspoon's first year as president of the college, only eleven students graduated, with the number increasing to twenty-nine in 1773.27 As president, it was anticipated that Witherspoon would help produce graduates who would be "ornaments of the State, as well as the Church."28 Witherspoon was extremely successful in meeting this charge. As previously noted, despite the meager number of annual graduates from the college, his students included a President and Vice-president, nine cabinet members, numerous senators and congressmen, Justices of the Supreme Court, governors, and influential members of the Constitutional Convention of 1787.29 In little over a decade, Witherspoon had influenced many of the young leaders of the new republic.

Surely, Madison, who served in prominent roles at the Constitutional Convention, in the First Congress, and as President, can be counted among Witherspoon's most earnest and prominent students. Madison's formative thinking clearly began to take shape under the tutelage of Witherspoon. It has been observed:

While . . . Madison learned some of the basic philosophies of the Scottish Enlightenment as a young man, it would not be until his second year at college that he would be intensely immersed in moral philosophies of enlightened Scotland. His first intense and highly focused exposure to the philosophies of the Scottish Enlightenment occurred under the tutelage of John Witherspoon, a man who participated actively in its initial formation. In Witherspoon's class entitled "Moral Philosophy," Madison learned of Scotland's "broad and diverse tradition, a tradition that included natural rights theorists, civic humanists, and a strong does of Calvinism." Conscience was heavily discussed in this class, and Madison would one day note that he saw "each subject he studied throughout life in relation to the moral and religious principles which had undergirded his education."30

Given Madison's statement regarding the influence of his early education and the emphasis on "conscience," which apparently permeated that education, this portion of this essay focuses on the teachings of Witherspoon that deal with public morality and conscience.

In his moral philosophy course, Witherspoon emphasized the role of "common sense" in moral philosophy:

The man who possesses "common sense" is the man gifted by nature with sound judgment; he is judicious in thought and prudent in conduct. He is the man who achieves his goals, best serves society, and is worthy of the highest respect . . . "Common sense" also referred to the time-tested customs, traditions, and values of society-the social virtues which promote settled, orderly human relationships.31

Professor Kathleen Brady recently observed: "In his Lectures on Moral Philosophy, Witherspoon told his students that some Scottish thinkers were advancing the argument that the belief in God was one of these universal 'dictates of common sense,' and Madison clearly adopted this position."32 Early in his lectures, Witherspoon also specifically emphasized moral duty and obligation: "[I]t seems a point agreed upon that the principles of duty and obligation must be drawn from the nature of man. That is to say, if we can discover how his Maker formed him, or for what he intended him, that certainly is what he ought to be."33 In a later lecture,34 Witherspoon added: