Request for expression of requested to signify their opinion respecting the 15. Because, finally, "the equal right of every citizen to the free exercise of his religion, according to the dictates of conscience," is held by the same tenure with all our other rights. If we recur to its origin, it is equally the gift of nature; if we weigh its importance, it cannot be less dear to us; if we consult the declaration of those rights "which pertain to the good people of Virginia as the basis and foundation. of government," it is enumerated with equal solemnity, or rather with studied emphasis. Either, then, we must say that the will of the Legislature is the only measure of their authority, and that in the plenitude of that authority they may sweep away all our fundamental rights, or that they are bound to leave this particular right untouched and sacred. Either we must say that they may control the freedom of the press, may abolish the trial by jury, may swallow up the executive and judiciary powers of the State; nay, that they may despoil us of our very right of suffrage, and erect themselves into an independent and hereditary Assembly; or we must say that they have no authority to enact into a law the bill under consideration. We, the subscribers, say that the General Assembly of this commonwealth have no such authority. 1 Declaration of Rights," title; ante page 81-84. Hopes for the ill success of the danger ous principle. Equal rights in the exercise of religion held with other by same tenure rights. A natural right. If legisla tures can in terfere with re ligion, they can take away al rights. all fundament Either we must say they are omnipo they can estab tent, or that lish no religious prefer ences. Declaration of petitioners. preference for the Christian religion a dan tion. Invocation to the Supreme Lawgiver. Showing And in order that no effort may be omitted on our part against so dangerous an usurpation, we oppose gerous usurpa- to it this remonstrance; earnestly praying, as we are in duty bound, that the Supreme Lawgiver of the universe, by illuminating those to whom it is addressed, may, on the one hand, turn their councils from every act which would affront his holy prerogative, or violate the trust committed to them; and, on the other, guide them into every measure which may be worthy of his blessing, redound to their own. praise, and establish more firmly the liberties, the prosperity, and the happiness of the commonwealth.1 Prayer was answered and bill defeated. 1 The prayer of these magnanimous and exemplary Christians was answered; for the bill "establishing a provision for the teachers of the Christian religion" was defeated, and Jefferson's "Act for establishing religious freedom," ante page 132, was passed by the Assembly in its Two invalu- stead. There are two documents that are invaluable in arriving at a proper conclusion in reference to the views held by our early statesmen able docu ments. The incep tion of the memorial. Very extensively signed by Christians, Jefferson's bill a permanent barrier against relig ious legisla tion. Letter to General La Fayette. the famous “Act for establishing religious freedom," written by Thomas Jefferson, and the celebrated "Memorial and Remonstrance," written by James Madison, and circulated and signed in the remotest parts of the State. In reference to the inception of this memorial, he said, forty years afterwards, in a letter to George Mason: "Your highly distinguished ancestor, Col. Geo. Mason, Col. Geo. Nicholas also possessing much public weight, and some others, thought it would be advisable that a remonstrance against the bill should be prepared for general circulation and signature, and imposed on me the task of drawing up such a paper. This draught, having received their sanction, a large number of printed copies were distributed, and so extensively signed by the people of every religious denomination, that at the ensuing session the projected measure was entirely frustrated; and under the influence of the public sentiment thus manifested, the celebrated bill establishing religious freedom' enacted a permanent barrier against future attempts on the rights of conscience, as declared in the great charter prefixed to the Constitution of the State." 66 Writings of James Madison,” volume iii, page 526. In a letter to General La Fayette, dated at Montpelier, November, 1826, Madison gave the following account of the controversy: "In the year 1775, a bill was introduced under the auspices of Mr. Henry, imposing a general tax for the support of 'teachers of the Christian religion.' It made a progress, threatening a majority in its favor. As an expedient to defeat it, we proposed that it should be post ture. poned to another session, and printed in the meantime for public con- Postponement. sideration. Such an appeal in a case so important and so unforseen could not be resisted. With a view to arouse the people, it was thought proper that a memorial should be drawn up, the task being assigned to me, to be printed and circulated through the State for a general signaThe experiment succeeded. The memorial was so extensively signed by the various religious sects, including a considerable portion of the old hierarchy, that the projected innovation was crushed; and, under the influence of the popular sentiment thus called forth, the wellknown bill prepared by Mr. Jefferson, for establishing religious freedom,' passed into a law, as it now stands in our code of statutes." 'Writings of James Madison," volume iii, page 543. On the importance of consulting the writings of our early statesmen to obtain correct views of the principles advocated by them, Madison says: "It has been the misfortune of history, that a personal knowledge and an impartial judgment of things rarely meet in the historian. The best history of our country, therefore, must be the fruit of contributors bequeathed by cotemporary actors and witnesses to successors who will make an unbiased use of them. And if the abundance and authenticity of the materials which still exist in the private as well as public repositories among us should descend to hands capable of doing justice to them, the American history may be expected to contain more truth, and lessons certainly not less valuable, than those of any country or age." ." "Writings of James Madison," volume iii, pages 308, 309. Both Jefferson and Madison were opposed to the state's having anything whatever to do with regulating religious observances of any kind; and the liberal spirit supported them. But as this spirit is supplanted by self-interests, the intolerance of state-churchism again manifests itself in reviving the old religious laws, and prosecuting Sabbatarians for Sunday labor, etc. Jefferson, foreseeing this, desired to have all religious laws swept from the statute books, not willing to have them remain as a dead letter, which might at any time be revived by the partisan zealot. In his "Notes on Virginia," query xvii, Jefferson says: "Besides, the spirit of the times may alter, will alter. Our rulers will become corrupt, our people careless. A single zealot may commence persecution, and better men be his victims. It can never be too often repeated, that the time for fixing every essential right on a legal basis is while our rulers are honest, and ourselves united. From the conclusion of this war we shall be going down hill. It will not then be necessary to resort every moment to the people for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion.” Extensively signed by Christians. Adoption of Jefferson's bill. Importance of American history. The state should have nothing whatever to do with religion. Danger from the zealot. Danger from intolerent laws unrepealed. Dec. 16, 1785. God has created the mind free. Jefferson's pride in the Virginia bill for establishing religious freedom. Letter to Madison from Paris. rope. Its translation and publication. AN ACT FOR ESTABLISHING RELIGIOUS FREEDOM.1 Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, or by civil incapacita 1" Works of Thomas Jefferson," volume viii, page 454 et seq., “Collection of the Laws of Virginia,” by W. W. Hening, volume xii, page 84. Jefferson took more pride in this "Act for establishing religious freedom" than in anything else he ever wrote, except that immortal document, the Declaration of Independence. The following is a portion of an interesting letter written to his warm friend, James Madison : "PARIS, December 16, 1786. .. The Virginia act for religious freedom has been received with Reception of infinite approbation in Europe, and promulgated with enthusiasm. I do the act in Eunot mean by the governments, but by the individuals who compose them. It has been translated into French and Italian, has been sent to most of the courts of Europe, and has been the best evidence of the falsehood of those reports which stated us to be in anarchy. It is inserted in the new Encyclopedia, and is appearing in most of the publi cations respecting America. . . .” “Works of Thomas Jefferson," volume ii, pages 55, 56. Efforts made a decade before. Jefferson endeavored to effect this disestablishment a decade before. Speaking of the General Assembly of 1776, Parton says: "Petitions for the repeal of statutes oppressive of the conscience of dissenters came pouring in upon the Assembly from the first day of the session. These being referred to the Committee of the Whole, led to the severest and longest struggle of the session. Desperate contests,' as Jefferson records, continued almost daily from the eleventh of OctoJefferson de- ber to the fifth of December.' He desired to sweep away the whole system of restraint and monopoly, and establish perfect liberty of conscience and opinion, by a simple enactment of half a dozen lines: sired to establish absolute liberty at once. No compulsion in matters of religion. None to suf fer on account of religious be lief. All to have equal privileges. Nine years required to effect the passage of the act. "No man shall be compelled to frequent or support any religious worship, ministry, or place 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 all men shall be free to profess, and by argument to maintain, their opinions in matters of religion; and the same shall in nowise diminish, enlarge, or affect their civil capacities.' "It required more than nine years of effort on the part of Jefferson, Madison, and their liberal friends, to bring Virginia to accept this solution of the religious problem, in its simplicity and completeness." Parton's "Life of Jefferson," page 210. burdens tend pocrisy. Religion not gated by coer to be propa tions, tend only to beget habits of hypocrisy and Temporal meanness, and are a departure from the plan of the to beget hyholy Author of our religion,' who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up 1 Illustrative of the spirit of liberty during the Revolutionary period and definitive of the meaning of the term "religion" in our early documents, we insert the following comments of Jefferson on the adoption of this part of the preamble, as found in his "Autobiography:" cion. Some legisdominion over lators assume the faith of others. Liberality of the bill. Its protec be universal. “The bill for establishing religious freedom, the principles of which had, to a certain degree, been enacted before, I had drawn in all the latitude of reason and right. It still met with opposition; but, with some mutilations in the preamble, it was finally passed; and a singular proposition proved that its protection of opinion was meant to be universal. Where the preamble declares that coercion is a departure from the tion meant to plan of the holy Author of our religion, an amendment was proposed, by inserting the word "Jesus Christ," so that it should read, "a departure from the plan of Jesus Christ, the holy Author of our religion;" the insertion was rejected by a great majority, in proof that they meant to comprehend within the mantle of its protection the few and the Gentile, the Christian and Mahometan, the Hindoo, and infidel of every denomination." See "Works of Thomas Jefferson," volume i, page 45. Religion meant to con prehend allbelievers or the Bible. Jefferson's unbelievers of successor. Jefferson continued his efforts to rid the statute books of all religious laws, and the work that he had not the time to do was carried on by his young friend and co-worker the gallant young colonel, Richard M. Johnson of Kentucky, who subsequently proved himself to be one of the ablest champions of the anti-Sunday law cause. When the reformers who were trying to free the slaves were being cast into prison by means of these laws, Colonel Johnson was weakening the power of the Sunday statutes by his public work. There have been few other men who have done so much to call the attention of the public to the real character of Sunday laws as did Senator, Representative, and Vice-president Johnson. His words and his work have not only had an influence on the course of legislation in this country but they have been adopted into the common-law decisions of the judges. Like Washington's maxim, "The government of the United States is not, in any sense, Washington's founded on the Christian religion," Johnson's declaration in reference maxim, to Sunday laws that "our constitution recognizes no other power than that of persuasion for enforcing religious observances," will stand as long as the common law itself stands. |