The Originalist Case For The Deep State
(Essay produced with Grok AI)
The notion of a "deep state"—a clandestine network of elites wielding hidden influence over a nation's governance—often evokes modern conspiracy theories. However, an originalist perspective reveals that such a phenomenon is not a recent aberration but a foundational element of American history, dating back to the Revolutionary era. From the outset, the United States was shaped by a cadre of powerful figures who operated behind the scenes, leveraging secrecy, espionage, and fraternal organizations like the Masonic Lodge to secure their dominance. The Livingston family, led by Robert R. Livingston, exemplifies this elite control, their influence woven into the fabric of the nation's birth through Masonic ties, espionage, and strategic alliances. Alongside them, figures like Egbert Benson, John Jay, and Richard Harison—fellow alumni of Kings College law school—collaborated to obscure this reality, crafting a sanitized historical narrative. Yet, challenges to this secrecy, such as William Seward’s anti-Masonic crusade, highlight the tension between elite control and democratic transparency, underscoring the deep state’s enduring presence.
Robert R. Livingston and the Livingston Family: Architects of Secret Power
Robert R. Livingston (1746–1813), known as "The Chancellor," was a towering figure in the American Revolution and early Republic. As a member of the Committee of Five that drafted the Declaration of Independence and the first Chancellor of New York, his public roles were matched by a less visible but equally potent influence. The Livingston family, rooted in the Hudson River Valley’s landed aristocracy, wielded economic and political power that extended beyond formal offices. Their wealth—derived from vast estates like Clermont and bolstered by tenant rents—provided the resources to shape events discreetly.
Livingston’s ties to Freemasonry amplified this influence. As the first Grand Master of the Grand Lodge of New York (1784–1801), he presided over a network that included many of the Revolution’s key players. The Masonic Lodge was more than a social club; it was a nexus of trust and secrecy, ideal for coordinating political and espionage activities. Livingston’s administration of George Washington’s presidential oath in 1789, using a Masonic Bible, symbolized this fusion of public authority and hidden fraternity. The Livingston family’s involvement in espionage further cements their deep state credentials. Edward Livingston, Robert’s brother, navigated covert diplomacy as U.S. Minister to France, securing the Louisiana Purchase through backroom negotiations with Napoleon. This legacy of secrecy suggests that the family’s power rested not just on overt prestige but on a calculated ability to operate in the shadows.
Egbert Benson: Crafting the Narrative
Egbert Benson (1746–1833), a close ally of Livingston, played a pivotal role in concealing this elite influence. A fellow Kings College law school graduate, Benson’s relationship with Livingston was forged through shared revolutionary ideals and legal training. As the first president of the New York Historical Society (1804–1816), Benson wielded significant control over how the Revolutionary War’s history was recorded. His efforts often served to protect the reputations of the elite while suppressing inconvenient truths.
A striking example is Benson’s commissioning of *Vindication of the Captors of Major André* (1817). This work defended three American militiamen who captured British spy John André, countering accusations from Congressman Benjamin Tallmadge that they had wavering loyalties during the war. Tallmadge, head of the Culper Spy Ring—a critical espionage network under George Washington—represented a rival narrative of grassroots heroism. Yet, Benson’s book elevated the captors while sidelining Tallmadge’s contributions, treating the Culper Ring as verboten history. This selective storytelling preserved the image of a unified patriot elite, obscuring the messy realities of espionage and factionalism that figures like Livingston and Benson navigated.
John Jay and the Suppression of Espionage History
John Jay, another Kings College alumnus and a Federalist stalwart, mirrored Benson’s efforts to suppress the history of American espionage. As the first Chief Justice of the United States and a negotiator of the controversial Jay Treaty, he was a public face of the Revolution’s elite. Yet, his discomfort with espionage’s messy legacy—perhaps stemming from his own diplomatic intrigues—led him to downplay its significance. Jay’s correspondence and writings rarely acknowledge the Culper Ring or other covert operations, despite their decisive role in thwarting British plans, such as the 1780 plot to surrender West Point. This omission aligns with the elite’s preference for a narrative of orderly statecraft over the chaotic, morally ambiguous world of spies—a world in which Livingston and his allies thrived.
The Kings College Connection and Richard Harison’s Redemption
The bonds forged at Kings College law school among Livingston, Benson, Jay, and Richard Harison reveal a tight-knit network that weathered even the war’s divisions. Harison, exposed as a Loyalist during the Revolution and banished behind British lines, might have been a pariah. Yet, his classmates orchestrated his rehabilitation. After the war, Livingston, Benson, and Jay—by then influential in New York and federal circles—supported Harison’s appointment as U.S. Attorney for New York under Washington’s administration. This act of clemency reflects not just personal loyalty but a strategic effort to maintain a cohesive elite, capable of governing through shared secrets and mutual protection. Harison’s reintegration underscores how the deep state prioritized its own continuity over ideological purity.
William Seward: A Counterforce to Elite Secrecy
The elite’s grip faced a notable challenge in the 19th century with William Seward, an Orange County native and anti-Masonic advocate. The 1826 Morgan affair—where William Morgan’s disappearance after threatening to expose Masonic secrets sparked a national backlash—galvanized Seward’s political rise. Running as an anti-Masonic candidate, he sought to dismantle the secretive networks that figures like Livingston had nurtured. As New York’s governor (1839–1842) and later Secretary of State, Seward worked to clarify Revolutionary War history, obtaining records from Europe to counter the sanitized accounts crafted by Benson and others. His efforts aimed to expose the elite’s hidden hand, from Masonic influence to espionage, and restore a more transparent narrative. Though Seward’s crusade waned as anti-Masonry lost momentum, it highlights the persistent tension between the deep state and democratic accountability.
Conclusion: An Originalist Deep State
The originalist case for the deep state rests on the undeniable influence of elites like Robert R. Livingston and his circle. Through Masonic ties, espionage, and narrative control, they shaped America’s founding in ways that transcended public office. Livingston’s family leveraged wealth and secrecy, while Benson and Jay obscured the gritty realities of revolution, protecting their cohort—including the redeemed Harison. Seward’s resistance, though valiant, could not fully unravel this entrenched power. Far from a modern anomaly, the deep state is an American tradition, rooted in the Revolution’s clandestine origins—a legacy that challenges the myth of a purely democratic
