private choice or voluntary obligation. be no establishment, the peace of the comThis being done, all partial and invidious munity would be destroyed by the jealoudistinctions will be abolished, to the great sies and contentions of rival sects. And, honour and interest of the State, and every finally, the memorialists prayed that the one be left to stand or fall according to his matter might be referred, in the last resort, merit, which can never be the case so long to the people at large, as they had the best as any one denomination is established in of reasons for believing that a majority of preference to others. the citizens would be in favour of continu "That the great Sovereign of the uni-ing the establishment. verse may inspire you with unanimity, wisdom, and resolution, and bring you to a just determination on all the important concerns before you, is the fervent prayer of your memorialists." Besides this petition from the Presbytery of Hanover, there were others from the Baptists and Quakers. The Baptists had suffered more than any other class of dissenters, and the remembrance of their wrongs, now that their day of power had come, stimulated them to an uninterrupted opposition of seven-and-twenty years to the Established Church. Indeed, they now took the lead in opposing its claims. In 1775 they presented to the General Assembly an address, composed by members who had spontaneously convened, in which they petitioned, "that they might be allowed to worship God in their own way, without interruption; to maintain their own ministers, separate from others; and to be married, buried, &c., without paying the clergy of other denominations."* To this the Assembly returned a complimentary answer, and an order was made that the sectarian clergy should have the privilege of performing Divine service to their respective adherents in the army, equally with the regular chaplains of the Established Church.t From this it would seem that, in the conviction of these memorialists, a majority of the population of Virginia were Episcopalians; yet it was confidently maintained in other quarters that two thirds of the people were at that time dissenters. I am inclined to think that the greater part professed, or favoured Episcopacy, but that a decided majority was opposed to its civil establishment. The memorials led to a long and earnest discussion. The Church had for her champions Messrs. Pendleton and R. C. Nicolas, and for her great opponent Mr. Jefferson, who speaks of the contest as the severest in which he was ever engaged.* After discussing the subject for nearly two months, the Assembly repealed all the colonial laws attaching criminality to the profession of any particular religious opinions, requiring attendance at the parish churches, and forbidding attendance elsewhere, with the penalties attached thereto. Dissenters were to be exempted in future from compulsory contributions in support of the Episcopal Church. The clergy, however, were to have their stipends continued until the first day in the ensuing year, and had all arrears secured to them. The churches, chapels, glebes, books, plate, &c., belonging to the Episcopal Church, were to remain in its possession.† This law was passed on the 5th of December, 1776. The question of having a general assessment for the support of religion was at the same time discussed, but the determination of it was put off to a future day. The above memorial from the Presbyterians, and petitions from the Baptists, Quakers, and others opposed to the Established Church, were met by counter-memorials from the Episcopalians and Methodists, appealing on behalf of the Establishment to the principles of justice, wis- In the course of 1777 and 1778, petitions. dom, and policy. Public faith, it was said, and counter-petitions continued to be adrequired that the State should abide by its dressed to the Legislature on the subject engagements; and that a system of such of religion. Some of the petitions prayed old standing, and which involved so many for the preservation of all that remained interests on the part of persons who had of the Establishment; others advocated a staked their all upon its continued exist- general assessment for the support of all ence, possessed the nature of a vested denominations; others opposed that sugright, and ought to be maintained inviolate. gestion. Some, again, called for the supThe wisdom of this course was argued pression by law of the irregularities of the from the past experience of all Christian" sectaries," such as their holding meetlands, and from the influence of religious establishments in giving stability to virtue and the public happiness. Policy required it, for it was insisted that, were there to * Semple's "History of the Baptists in Virginia," p. 25-27, 62. Burk's "History of Virginia," p. 59. This was not difficult, for church establishments had existed throughout Christendom since the days of Constantine. ings by night, and craved that none but * Jefferson's Works, vol. i., p. 32. jects of civil governments are the happi- saying with the apostles in like cases, ness and protection of men in their present Judge ye whether it is best to obey God state of existence; the security of the life, or men,' and also of acting as they acted. liberty, and property of the citizens; the "Therefore, as it is contrary to our prinrestraint of the vicious, and the encourage- ciples and interest, and, as we think, subment of the virtuous, by wholesome laws, versive of religious liberty, we do again equally extending to every individual; and most earnestly entreat that our Legislathat the duty which men owe to their Cre-ture would never extend any assessment ator, and the manner of discharging it, can for religious purposes to us, or to the cononly be directed by reason and conviction, gregations under our care." and is nowhere cognizable but at the tribu- This memorial, and probably still more, nal of the universal Judge, the presbytery | the strenuous efforts of the Baptists, led, express themselves as follows: in 1779, to the abandonment of the pro reading. With the return of peace, the Legislature of Virginia resumed the subject of legislating in behalf of religion; and in the sessions of 1784 two important matters were much debated. One was to provide by law for the incorporation of "all societies of the Christian religion which may apply for the same;" the other was the old project of a general assessment for the support of religion. The celebrated Patrick Henry* was the great advocate To illustrate and confirm these asser-posed "general assessment," after a bill tions, we beg leave to observe, that to to that effect had been ordered a third judge for ourselves, and to engage in the exercise of religion agreeably to the dictates of our own consciences, is an inalienable right, which, upon the principles on which the Gospel was first propagated, and the Reformation from Popery carried on, can never be transferred to another. Neither does the Church of Christ stand in need of a general assessment for its support; and most certain we are that it would be of no advantage, but an injury to the Society to which we belong; and as every good Christian believes that Christ has ordained a complete system of laws * This gentleman, one of the most eloquent men that America has ever produced, was for many years for the government of His kingdom, so we a member of the Legislature of Virginia, and governare persuaded that by His providence He or, also, for several terms. He distinguished himwill support it to its final consummation. self in opposing the taxation of the colonies by EngIn the fixed belief of this principle, that land without their consent, and in the course of a the kingdom of Christ and the concerns very animated speech on that subject in the Legislature of Virginia, said, in his emphatic manner, "Cæof religion are beyond the limits of civil sar had a Brutus, Charles I. had a Cromwell, and control, we should act a dishonest, incon- George III."-here he was interrupted by cries of sistent part, were we to receive any emol-"Treason! treason!"-" and George III.," he repeatuments from human establishments for the support of the Gospel. ed, "should profit by their example; if this be treason, gentlemen, you may make the most of it." "He ever It has been said that in his younger days Mr. Henry was inclined to infidelity. But this is not true; he was a firm believer in Christianity, and for many years before his death a devout Christian. had a great abhorrence of infidelity," says a private letter from a member of Mr. Henry's family, given in Dr. Hawks's "Ecclesiastical History of the Episcopal Church in Virginia," p. 160, 161, "and actually wrote an answer to 'Paine's Age of Reason,' but destroyed it before his death. He received the communion as often as an opportunity offered; and on such occasions always fasted until after he had received the sacrament, and spent the day in the greatest retirement. This he did both while he was governor and afterward." "These things being considered, we hope that we shall be excused for remonstrating against a general assessment for any religious purpose. As the maxims have long been approved, that every servant is to obey his master, and that the hireling is accountable for his conduct to him from whom he receives his wages; in like manner, if the Legislature has any rightful authority over the ministers of the Gospel in the exercise of their sacred office, and if it is their duty to levy a maintenance for them as such, then it will follow that When very old, he was induced to be a candidate The following affecting anecdote is related of him. they may revive the old Establishment in for the House of Delegates, in a time of great politiits former extent, or ordain a new one for cal excitement. "On the day of the election," says any sect that they may think proper; they Mr. Wirt, in his Life of Patrick Henry, p. 408, are invested with a power not only to de-rounded by the admiring and adoring crowd, and soon as he appeared on the ground, he was surtermine, but it is incumbent on them to whithersoever he moved the concourse followed declare who shall preach, what they shall him. A preacher of the Baptist Church, whose piepreach, to whom, when, and in what places ty was wounded by this homage paid to a mortal, they shall preach; or to impose any reg- Mr. Henry. Mr. Henry,' said he, is not a god.' asked the people aloud, why they thus followed ulations and restrictions upon religious so'No' said Mr. Henry, deeply affected, both by the cieties that they may judge expedient. scene and the remark: 'no, indeed, my friend; I am These consequences are so plain as not a poor worm of the dust, as fleeting and as unsubto be denied, and they are so entirely sub- stantial as the shadow of the cloud that flies over versive of religious liberty, that if they your fields, and is remembered no more. The tone should take place in Virginia, we should with which this was uttered, and the look which accompanied, affected every heart and silenced every be reduced to the melancholy necessity of voice." as Mr. Jefferson's grand achievement, in the line of legislating about religious rights, was the famous act" for establishing religious freedom," drawn up by him, and adopted by the Legislature of Virginia in 1785.† That act in itself, however, con finite mischief. It never could have been confined * A general assessment bill would have done in-to the Evangelical Churches, and would have ended in building up Unitarianism, Universalism, &c., in Virginia, just as a similar measure did afterward in New-England. fluence † As the reader may wish to see this famous ordinance, which Mr. Jefferson challenged so much credit to himself for having written and advocated, we give it in this note: " Whereas Almighty God hath created the mind free; that all attempts to in-by civil incapacitations, tend only to beget habits of by temporal punishments or burdens, or hypocrisy and meanness, and are a departure front the plan of the holy Author of our religion, who, be ing Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his alof legislators and rulers, civil as well as ecclesiastimighty power to do; that the impious presumption cal, who, being themselves but fallible and unin of both measures. The Hanover Pres- for the support of all Protestant denomibytery soon reappeared upon the field, and nations defeated.* Mr. Jefferson, it is true, opposed the latter of these proposals, al- when a member of the Assembly in 1776, though it would have, proved as favoura-rendered all the aid in his power, and ble to the Presbyterian Church as any oth- would have been very well pleased to have er. But on this occasion there was an ev-had such parties to co-operate with him in ident wavering on the part of the presby-some other schemes, if he could. But they, tery, probably owing to an expectation not he, began the movement in this case, that the measure would be sure to be adopt-and they persevered in their endeavours ed, and from their desire to secure the to render the churches altogether independleast injurious plan of giving it effect. It ent of the civil power, and to have all placed has also been alleged as one cause of the precisely on the same footing, as respecttemporary abatement of their zeal, that ed the civil government. Mr. Henry had won over to his opinions the Rev. Dr. John B. Smith, one of the ablest members of the presbytery. Certain it is, that an act to incorporate the churches passed by a large vote, and a bill in favour of a general assessment passed two readings, was ordered to be read a third time, and was then sent forth to be submitted to the people for their opinion before being passed into a law. On the same day, likewise, on which an act was passed for the incorporation of such churches as might apply for the same, leave was granted to introduce a bill for the incorporation of the Protestant Episcopal Church. Mr. Henry introduced the bill. It had for its object the securing to that church all the property that it had ever had, both in those parishes which had churches in use, and in the still greater number which had no ministers, and not even vestries, and where the church edifices had become dilapidated during the war of the Revolution. This bill was approved by the Le-spired men, have assumed dominion over the faith gislature, and promised permanent peace thinking as the only true and infallible, and as such of others, setting up their own opinions and modes of and protection to the Episcopal Church. endeavouring to impose them on others, hath estabBut the prospect was not of long contin- lished or maintained false religions over the greatest uance. The incorporation of the Episco- part of the world, and through all time; that to com pal clergy was strongly opposed in a me- pel a man to furnish contributions of money for the morial from the Presbytery of Hanover, propagation of opinions which he disbelieves, is sinunder the influence of which the Legisla-port this or that preacher of his own religious perful and tyrannical; that even the forcing him to supture delayed farther proceedings, in order suasion, is depriving him of the comfortable liberty that public opinion might have time to ex- of giving his contributions to the particular pastor press itself. Meanwhile, petitions against whose morals he would make his pattern, and whose the measure were sent in. from all parts and is withdrawing from the ministry those tempopowers he feels most persuasive to righteousness, of Virginia, signed by no fewer than 10,000 ral rewards, which, proceeding from an approbation persons. Still, as the Legislature seemed of their personal conduct, are an additional incitedisposed to pass the bill in question, the ment to earnest and unremitting labours for the instruction of mankind; that our civil rights have no Presbyterian churches held a convention, at which another memorial was drawn up, on our opinions in physic and geometry; that theredependance on our religious opinions, any more than and the Rev. Dr. John B. Smith, who had fore the proscribing any citizen as unworthy of the now become more confirmed in his oppo- public confidence, by laying upon him an incapacity sition to the contemplated measure, was of being called to offices of trust and emolument appointed to accompany the presentation opinion, is depriving him injuriously of those priviunless he profess or renounce this or that religious of the memorial with his personal advo-leges and advantages to which, in common with his cacy at the bar of the Assembly, and was heard there for three successive days. This decided the matter; the whole scheme was abandoned. Thus, it was mainly owing to the exertions of the Presbyterians, Baptists, and Quakers that the union of Church and State in Virginia was dissolved, and the scheme of having a general assessment fellow-citizens, he has a natural right; that it tends only to corrupt the principles of that religion it is meant to encourage, by bribing with a monopoly of worldly honours and emoluments those who will externally profess or conform to it; that though, indeed, those are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that to suffer the civil magisand to restrain the profession or propagation of printrate to intrude his powers into the field of opinion, ciples on suspicion of their ill-tendency, is a danger tains nothing to which a friend of full and dissolving the union of Church and State equal liberty of conscience would perhaps in Virginia, after the war of the Revolution object; but it gave its author great satis-had broken out, had some effect, probably, faction, not because it imbodied the prin- on other states placed in similar circumciples of eternal justice, but because, by stances. Such, at least, is the prevailing putting all religious sects on an equality, impression in the absence of authentic it seemed to degrade Christianity, and "to documentary proof. After the Declaration comprehend," to use his own words, "with- of Independence, measures to the same in the mantle of protection the Jew and effect were very promptly taken in Marythe Gentile, the Christian and the Moham-land. On the 3d of November, 1776, the medan, the Hindoo and infidel of every denomination." It was this that made the arch-infidel chuckle with satisfaction-not, we repeat, that the great principles imbodied in the measure were right. I have now gone through the history of the dissolution of the union of Church and State in Virginia*- -a dissolution effected, in reality, by the act of the 6th of December, 1776, which repealed all former acts relating to that union. What followed had no necessary connexion with that act, but bore only upon certain measures, designed to guard against what was deemed by the majority to be an injurious legislation for promoting the interests of religion. Legislature of that state put forth a Declaration of Rights similar to that made by Virginia in the early part of the same year, and imbodying principles directly subversive of the union of Church and State. The Episcopal Church, nevertheless, was secured in the possession of the glebes and all other church property, and it was decided that the stipends of all the incumbents who should remain at their posts should be paid up to the first day of the month in which said Declaration was made. This righteous decision was not departed from, and Maryland, accordingly, was spared those tedious and wretched disputes about the property of the Church that had once been established; disputes that did much harm to religion in Virginia, and were little reputable to the authors of them. all persons professing the Christian religion are equally entitled to protection in their religious liberty; wherefore no person ought by any law to be molested in his person or estate on account of his re This early discussion of the propriety of ous fallacy, which at once destroys all religious liberty; because, he being, of course, judge of that tendency, will make his opinions the rule of judgIn the Maryland" Declaration of Rights," ment, and approve or condemn the sentiments of it was declared, "that as it is the duty of others only as they shall square with or differ from every man to worship God in such a manhis own: that it is time enough, for the rightful pur-ner as he thinks most acceptable to Him, poses of civil government, for its officers to interfere when principles break out into overt acts against peace and good order: and, finally, that Truth is great, and will prevail if left to herself; that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons--free argument and debate errors ceasing to be danger-ligious persuasion or profession, or for his ous when it is permitted freely to contradict them. "Be it therefore enacted by the General Assembly, that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever; nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in nowise diminish, enlarge, or affect their civil capacities. "And though we well know that this Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding Assemblies, constituted with powers equal to our own, and that therefore to declare this act irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural right of mankind, and that if any act shall be hereafter passed to repeal the present, or narrow its operation, such act will be an infringement of natural right." religious practice, unless, under colour of religion, any man shall disturb the good order, peace, or safety of the state, or shall infringe the laws of morality, or injure others in their natural, civil, or religious rights." It was farther declared that no one ought to be compelled to frequent or maintain the religious worship of any denomination; but, at the same time, it was affirmed that the Legislature might, in its discretion, impose a common and equal tax for the support of the Christian religion in general; in such case, however, every individual paying the tax was held to possess the right of designating the religious denomination to the support of which it was to be applied; or he might resolve this legislative support of Christianity in general into mere almsgiving, and direct his tax to be applied to the maintenance of the poor.* * I might have gone into an ampler detail of the measures pursued by the opponents of the Episcopal Church in Virginia to anhul the law incorporating the clergy of that church, and of those, also, which were followed up, in 1802, by the sale of the glebes; but such details have no proper connexion with the subject in hand. The law ordaining the sale of the glebes was, I think, unconstitutional, and would have been pronounced to be so had it been brought to a fair and full decision before the proper tribunal. The opposition to the Episcopal Church towards the end was marked by a cruelty which admits of no apology. | Church of Maryland," p. 288. The union of Church and State was dissolved in like manner, by acts of their respective legislatures, in New-York, South Carolina, and all the other colonies in which the Protestant Episcopal Church * See Dr. Hawks's " History of the Episcopal was predominant. But it is unnecessary people is (not only Christ's, but also), in to trace the steps by which this dissolution reality, the king's minister; and the salary was accomplished in all cases. There was raised for him is raised in the king's name, nothing particularly important, in so far as and is the king's allowance unto him."* I am aware, in these details. Enough to know that the dissolution did take place at no distant periods after the Revolution. Before the Revolution took place, the Episcopalians had been relieved, by a special act of the Legislature, from contributing to the support of the parish churches, and their congregations had been erected into incorporated societies, or poll-parishes; that is, parishes comprising only indi Let us now return to New-England, where the principle of religious establishments was most firmly rooted, and most difficult to be eradicated. It was not until about forty years subse-viduals, and not marked by geographical quent to the separation of Church and State limits. But though the Constitution of in Virginia that the example was follow- 1780, which maintained the old assessment ed by Connecticut. It will be recollected for religious worship, allowed every perthat in the latter state the Established son to appropriate his taxes to whatever Church was the Congregational. In 1816, society he pleased, it was still held by the shortly after the close of the last war be- courts of that state, until the year 1811, tween the United States and Great Britain, that a member of a territorial parish (which all parties that differed from it-Episcopa- is a corporation) could not divert the taxlians, Baptists, Methodists, Universalists, es imposed on him for the support of reli&c.-combined to effect its overthrow. gious worship to the maintenance of a These various parties having succeeded in teacher of an unincorporated society. By gaining a majority in the Legislature, pro- the statute of 1811, amended in 1823, a ceeded to abolish the legal assessment for duly-attested certificate of membership in the parish churches, and by a new law left any other religious society, whether incorit optional to the rate-payers to support porated or not, sufficed to relieve the holdeither the parish church, or any other, as er of it from all taxes for the support of each thought fit. The same system was the parish church; but it was still the law adopted by New-Hampshire and Maine. and practice of Massachusetts to regard all Vermont, I believe, has at all times had persons, in any town or parish, who beessentially the voluntary scheme; that is, longed to no religious society whatever, as the people of each township have support- regular members of the parish or congreed such churches within their respective gational church, and taxable for the supboundaries, and in such a measure, as they port of its clergy. have thought proper. I have elsewhere spoken of the accuOf all the states in which there had ever mulated evils which grew out of the conbeen any connexion between the Church nexion between the Church and the State and the Civil Power, Massachusetts was in Massachusetts. Those evils became so the last to come under the operation of the great, that the friends of evangelical relivoluntary principle. The fathers of that gion, in other words, of the orthodox faith colony, in the indulgence of their theocrat- of every name, resolved to unite in urging ic principles and ideas, had ever prided an amendment of the Constitution of the themselves on the union made by the vine state, by which some better results might of the Lord's planting and the State. They be obtained. Their efforts were crowned had with great satisfaction reposed under with success. The amendment having the shadow of both, and discoursed of the been voted by the Legislature in three happy fruits of such a union. Cotton Ma- successive sessions, 1831-33, became part ther, for example, in a style peculiarly his of the organic law of the state, and the own, talks not only of the advantage, but | union of Čhurch and State was brought to of the honour, likewise, of a religious es- a close. tablishment. "Ministers of the Gospel," says he, "would have a poor time of it, if they must rely on a free contribution of the people for their maintenance." And again: "The laws of the province (of Massachusetts) having had the royal approbation to ratify them, they are the king's laws. By these laws it is enacted that there shall be a public worship of God in every plantation; that the person elected by the majority of the inhabitants to be so, shall be looked upon as the minister of the place; and that the salary for him, which they shall agree upon, shall be levied by a rate upon all the inhabitants. In consequence of this, the minister thus chosen by the CHAPTER IV. EFFECTS OF THE DISSOLUTION OF THE UNION It will readily be believed that the union "Ratio Disciplinæ ; 'or, Faithful Account of the Discipline professed and practised in the Churches of New-England," p. 20. † For a brief and clear view of the laws of Massachusetts on this subject, the reader is referred to a ligious Liberty, preached on the day of the annual sermon of the Rev. William Cogswell, D.D., on ReFast in Massachusetts, April 3d, 1828, and published in Boston. |
