Ghost of a flea

Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquillity, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.

The problem that I think you, Sullivan, and most have is that you fail to recognize the federal nature of the U.S. The 1st Amendment was supposed to apply only to the national government--applying it to state governments is an invention of recent courts.

In the lingo of the time there would have been a major distinction between the United States and any one state--this also explains why the Treaty of Tripoli would be correct in saying that the 'United States' (the FEDERAL government) was secular and be truthful since at the time several state governments had official churches.

It's very difficult for modern people to understand just how differently people once thought of state governments. For instance, we now say "I'm an American" where as prior to the late 1800's we would say "I'm a New Yorker" etc. The law also was very different. For instance, one was considered a 'citizen' of a state at the time whereas now we are a 'resident' of a state and a 'citizen' of the U.S.

It is also worth noting that the reason for Jefferson's letter to the Baptists was that the Commonwealth of Virginia, while the law legally recognized 'dissenter' groups, had an official state supported church (Anglican). The Baptists felt they were being somewhat persecuted.

So it is unfair for secularists to claim that America has always been a secular government--state governments which handled the vast majority of governmental affairs were not necessarily secular. It is also unfair for religionists to claim that America had a religious foundation--it didn't, the national government has always been explicitly secular.