There are many “mild and suitable means” to privilege right worship without coercing it, and to discourage false worship without trying to do away with all difference. The early statesmen of America, informed by guides such as Vattel, sought to pursue just such a prudent and Protestant middle way. Although changed circumstances may require different methods today, the same principles—and the same commitment to the ideal of national faithfulness—should continue to guide us.

Public Religion and Freedom of Conscience

“If all men are bound to honor God,” mused one of the greatest of Protestant political theorists, “the entire nation, in her national capacity, is doubtless obliged to serve and honour him.”

Thus expressed, the sentiment appears almost incontestable; and until a couple of centuries ago, it was. Today, it is liable to seem laughable. In its place another principle has taken pride of place: “liberty of conscience is a natural and inviolable right.” Both quotations, however, come from the same source: Emer de Vattel and his magisterial The Law of Nations (1757). By meditating on this paradox, with Vattel as our guide, perhaps we can recover anew a synthesis that used to be central to Protestant political thought: the shared commitment to public religion and private conscience.

Although little known today, Vattel was a giant of eighteenth-century thought. Often classed among Enlightenment thinkers, Vattel was in fact still deeply embedded in the long tradition of magisterial Protestantism, indulging in a delightful screed against papal supremacy in the midst of his great treatise. Born in Neuchatel, Switzerland, a stone’s throw from Geneva, Vattel was nurtured in the Swiss Reformed faith before training in law and working as a scholar and a diplomat on behalf of the elector of Saxony and the King of Prussia (technically the sovereign of Neuchatel). The Law of Nations would exert a remarkable influence on the thought-world of western Europe and the Atlantic world over the next few decades. George Washington studied it closely, and one of the greatest early debates of early American foreign policy—between Jefferson and Hamilton, of course—was waged by way of rival quotations from Vattel’s masterpiece.

Emer de Vattel’s Defense of Public Religion

The basic thesis of his book was straightforward. The natural law, of which classical and Christian thinkers had written for two millenia, applied in its moral demands not merely to individuals, but to nations as corporate entities. Each nation, like each individual, must chart its course in relation to three overarching sets of duties: duties to self, duties to God, and duties to others. Indeed, God had so arranged the moral universe that a nation, like an individual, flourished best (and thus fulfilled its duties to self) when it honored God and honored its obligations to others. Unlike an individual, however, a nation had no higher authority on earth to tell it how to balance its various obligations; it must in the final analysis make its own decisions and bear the consequences before God.

Within this framework, Vattel constructed his argument for public religion on firm and ancient foundations. The first was the Aristotelian idea that the telos or goal for all human beings is happiness, conceived in the fullest and richest possible terms; everything we do strives toward this end. The second was the idea that humans live in and through communities or collectives larger than themselves—above all, to Vattel’s mind, the nation. Therefore, it followed that the task of the good ruler was to promote national happiness. And just as individual happiness depended upon the cultivation of virtue, so national happiness depended upon national virtue: “in order to conduct it [the nation] to happiness, it is still more necessary to inspire the people with the love of virtue, and the abhorrence of vice” (§115). Finally, since “Nothing is so proper as piety to strengthen virtue, and give it its due extent,” it followed that to be happy, “a nation ought then to be pious” (§125).

Thus far, the argument seems impeccable. And yet it has reached an impasse: what are we to do about freedom of conscience?

As a Protestant, Vattel can hardly be oblivious to this concern. If true piety depends on faith, and faith is an act of understanding and will, you cannot simply compel people into piety; that would defeat the very purpose. And yet is not compulsion central to the practice of politics and the exercise of sovereignty?

At the same time, the ruler must worry not merely about the demands of public piety and private conscience, but also, above all, about civil peace. “To live well, it is necessary first to live,” Richard Hooker remarks in this context, so any public policy regarding religion has to consider the chances of provoking violence and disorder—whether from legislating too little or too much.

Vattel, equally attentive to all three concerns, seeks to balance them delicately over the course of his lengthy chapter “Of Piety and Religion.” A close look at this remarkable text affords us a window into the forgotten world of Protestant political prudence.

Distinguishing Internal and External Religion

Vattel begins by making a fundamental distinction, one which goes all the way back to Martin Luther and his “two kingdoms.” Religion has both an internal and an external dimension. “So far as it is seated in the heart, it is an affair of conscience, in which every one ought to be directed by his own understanding: but so far as it is external, and publicly established, it is an affair of state” (§127). We might balk at the last phrase, but if the nation has duties toward God—and if religion can generate conflict—how can religion not be an affair of state?

Internally, the conscience is free for two reasons: first as a simple matter of fact (no one can compel me to believe something, however much they try), and second because the honor God desires is that which proceeds from true love and conviction. And since the conscience feels bound to honor God through worship, “there can then be no worship proper for any man, which he does not believe suitable to that end” (§128). If you force me to sacrifice animals to honor God, and I am convinced he desires no such thing, you are compelling me to sin against my conscience.

But worship is an external action, and hasn’t Vattel just said that external religion is an affair of state? Ah, yes, but another distinction is in order. Vattel notes that there is a great difference between being forced to do something and being forcibly prevented from doing something: “In religious affairs a citizen has only a right to be free from compulsion, but can by no means claim that of openly doing what he pleases, without regard to the consequences it may produce on society” (§129).

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