1784. of fuch perfons as fhall deftroy their own lives, fhall not, for that offence, be forfeited; but fhall defcend in the fame manner as they would have done, had fuch perfons died in the natural way; nor fhall any article which may occafion accidentally the death of any one, be henceforth deemed a deodand, or in any wife forfeited on account of fuch misfortune." A fimilar article was afterward introduced into the New Hampshire conftitution.

The 2d article of the Pennsylvania declaration of rights afferts" That all men have a natural and unalienable right to worship Almighty God, according to the dictates of their own confciences and understanding: and that no man ought, or, of right, can be compelled to attend any religious worship; or erect or fupport any place of worship; or maintain any miniftry contrary to, or against his own free will and confent: nor can any man who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious fentiments*, or peculiar mode of religious worship; and that no authority can, or ought to be vested in, or affumed by, any power whatever, that fhall, in any cafe interfere with, or in any manner control the right of confcience, in the free exercise of religious worship." The 15th article declares, "That all men have a natural inherent right to emi

* This however did not prevent a gross inconsistency in The Frame of Government, which, by the 10th fection, requires, that in order for admiffion into the house of representatives, each member should subfcribe, befide, a declaration of his faith in one God, his acknowledgment of the fcriptures of the Old and New Teftament as of divine infpiration.

grate

grate from one ftate to another that will receive them, 1784. or to form a new ftate in vacant countries, or in fuch countries as they can purchase, whenever they think that thereby they may promote their own happiness.

The 2d article of the Delaware declaration is fubftantially the fame with that of Pennsylvania. The 3d fays, "That all perfons profeffing the Chriftian religion, ought for ever to enjoy equal rights and privileges in the ftate*; unless under colour of religion, any man disturb the peace, the happiness, or fafety of fociety." By the 29th section in the fyftem of government, it is fixed"That there fhall be no establishment of any one religious fect in the ftate in preference to another."

The Maryland declaration is remarkably full, particular, and pointed as to the objects of conftitutional right and fecurity. The 33d article relates to religious liberty, and expreffes, "That as it is the duty of every man to worship God in fuch manner as he thinks moft acceptable to him, all perfons profeffing the Chriftian religion are equally entitled to protection in their religious liberty: wherefore no perfon ought, by any law, tó be molested in his perfon or eftate, on account of his religious perfuafion or profeffion, or for his religious practice; unless, under colour of religion, any man shall difturb the good order, peace, or fafety of the state, or fball infringe the laws of morality, or injure others in

*The System of Government requires, notwithstanding, that every perfon, chofen a member of either house, or appointed to any office or place of truft, fhould formally declare his faith in the Trinitarian doctrine, and in the divine infpiration of the Old and New Teftament.

This claufe is certainly vague, and open to oppreffive conftruction: all that can come under the legal punishment to be inflicted by a state, is expreffed in the preceding and fubfequent clauses.”

1784. their natural, civil, or religious rights: nor ought any perfon to be compelled to frequent, or maintain, or contribute (unless on contract) to maintain any particular place of worship, or any particular ministry: yet the legislature may, in their difcretion, lay a general and equal tax, for the support of the Christian religion; leaving to each individual the power of appointing the payment of the money collected from him, over to the support of any particular place of worship, or minifter, or for the benefit of the poor of his own denomination, or the poor in general of any particular county. But the churches, chapels, glebes, and all other property now belonging to the church of England, ought to remain to the church of England for ever." A preceding article declared, That there ought to be no forfeiture of any part of the estate of any perfon for any crime, except murder, or treafon against the ftate, and then only on conviction and attainder. In the 55th fection of the form of government, it is exprefsly appointed, that every perfon before entering on any office of trust or profit, fhall fubfcribe a declaration of his belief in the Christian religion.

Virginia hath not introduced its form of government with any declaration of general principles: nor made mention of any either toleration or teft. The executive power is divided between the governor, the council of ftate, and the county courts, or venerable collections of juftices of peace. The delegates and fenate may be of this rank. The governor's fhare of the executive iş trifling. The county courts or juftices of the peace, beside the authority of recommending to the governor candidates on vacancies in their own body, officers for

the

the militia, and nominating the fheriffs and coroners, 1784. are to appoint the clerks of the feveral county courts in the commonwealth. For these reasons the conftitution is charged with involving in it a fyftem for perpetuating an ariftocracy. It is thought, however, to be alterable at pleasure by subsequent legislatures, in as much as the - electors of the delegates and reprefentatives, who formed the convention in 1776, had no idea of independence and a permanent republic, and could not mean to vest in the convention any authorities other than thofe of the ordinary legiflature.

North Carolina in the declaration of rights maintains, "That all men have a natural and unalienable right to worship Almighty God, according to the dictates of their own confcience; and yet establishes it as an article in the form of government, "That no perfon who fhall deny the being of a God, or the truth of the Protestant religion, or the divine authority of the Old or New Teftament, shall be capable of holding any office, or place of truft or profit in the civil department of the ftate."

By the South Carolina conftitution, among the qualifications of electors for members of the house of reprefentatives or fenate, is that of " acknowledging the being of a God, and belief in a future ftate of rewards and punishments." It alfo prefcribes, That no perfon fhall be eligible to fit in the house of reprefentatives, unless he be of the Proteftant religion:" and that the governor, the lieutenant governor, privy council and fenate, fhall be of the fame religion. The 38th articlè provides, "That all perfons and religious focieties, who acknowledge that there is one God, and a future state of

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1784. rewards and punishments, and that God is publicly to be worshipped, fhall be freely tolerated." It then proceeds, "The Christian Proteftant religion fhall be deemed, and is hereby constituted and declared to be, the eftablished religion of the ftate; and all denominations of Christian Proteftants, demeaning themselves peaceably and faithfully, fhall enjoy equal religious and civil pri vileges."

The conftitution of Georgia declares, "That all perfons whatever fhall have the free exercise of their religion, provided it be not repugnant to the peace and fafety of the state; and fhall not, unlefs by confent, fupport any teacher or teachers, except thofe of their own profeffion:" but it requires that the representatives, who are the legislature of the ftate, and who elect out of their own body the governor and executive council, fhould be of the Proteftant religion.

Some of the conftitutions declare, "That no clergyman, or preacher of the gofpel of any denomination, fhall be capable of holding any civil office within the ftate." Such clergymen as are paid by, and fo are the fervants of the state, may be justly excluded: but if they only enjoy the common protection of the state, it ought to have been left to their fellow citizens whether to elect them into places, and to themselves whether to accept; which neither the prudence of the one, nor the facred duties of the other, will permit, unless upon fome very extraordinary occafion.

The constitutions are fo formed, that the inhabitants in common have a right to vote for reprefentatives, though not to vote for several in different towns and places. In a few ftates every freeman of the full age

of