X. Alliance Between the Episcopalians and the Presbyterians; Bill for Provisions for Teachers of Christian Religion; Madison’s Opposition to the Bill and His Famous Memorial and Remonstrance


A Publication of Separation of Church and State Law Ministry




Jerald Finney
Copyright © March 3, 2018


James Madison

Thus, “[i]n [these] later stages of disestablishment there was a curious alliance formed between the Episcopalian and Presbyterian clergy with an eye to creating a new line of defense.”[1] “In 1784, the Virginia House of Delegates having under consideration a ‘bill establishing provision for teachers of the Christian religion,’ postponed it until the next session, and directed that the Bill should be published and distributed, and that the people be requested ‘to signify their opinion respecting the adoption of such a bill at the next session of assembly.”[2] This last action was a result of a resolution offered by the Baptists and adopted by the Legislature. The Baptists, appearing to be losing ground as the only opponents of a general assessment, the majority of the Legislature being churchmen, the only hope of the opponents of the assessment was an appeal to the people.[3]

The bill—which was proposed by Patrick Henry and supported by George Washington, Richard Henry Lee, and John Marshall—provided for the establishment a provision for teachers of the Christian religion, in effect providing for the “establishment of Christianity, but without precedence in such an establishment to any particular church.”[4] The bill required all persons

“to pay a moderate tax or contribution annually for the support of the Christian religion, or of some Christian church, denomination or communion of Christians, or for some form of Christian worship.”[5]

Leo Pfeffer noted:

  • “the bill was predicated on the legislative determination in its preamble that ‘the general diffusion of Christian knowledge hath a natural tendency to correct the morals of men, restrain their vices, and preserve the peace of society; which cannot be effected without a competent provision for licensed teachers.’
  • “The preamble is of great significance, because it recognized the widely held belief that religion was not within the competence of civil legislatures. It sought to justify intervention not on any theocratic ground but on what today would be called the ‘police’ or ‘welfare’ power. Government support of religion is required to restrain vice and preserve peace, not to promote God’s kingdom on earth.” [6]

Pfeffer does not understand that God has given civil government the choice of whether to honor his principles. The government is to intervene, according to God’s word, to control and restrain certain crimes. Government does not support religion in order to do its job. Government merely makes a choice of whether to honor God and his principles for the purpose of restraining vice and preserving peace.

James Madison, among others, opposed the bill. Mr. Madison had witnessed and opposed the persecution of the Baptists in his own state.

  • “Madison wrote to a friend in 1774: ‘That diabolical, hell-conceived principle of persecution rages among some…. This vexes me the worst of anything whatever. There are at this time in the adjacent country not less than five or six well-meaning men in close jail for publishing their religious sentiments, which in the main are very orthodox. I have neither patience to hear, talk, or think of anything relative to this matter; for I have squabbled and scolded, abused and ridiculed, so long about it to little purpose, that I am without common patience. So I must beg you to pity me, and pray for liberty of conscience to all.’ I Writings of James Madison (1900) 18, 21.”[7]

Mr. Madison prepared his famous “Memorial and Remonstrance,” in which he maintained “that religion, or the duty we owe the Creator,” was not within the cognizance of civil government. The “Memorial” presents fifteen arguments against the assessment bill.[8] One historian says of this document, “For elegance of style, strength of reasoning, and purity of principle, it has, perhaps, seldom been equaled, certainly never surpassed, by anything in the English language.”[9] “Dr. George B. Taylor says: ‘It may certainly be called a Baptist document this far, that they only, as a people, held its views, and pressed those views without wavering.’”[10] Dr. E. G. Robinson wrote of the document:

  • “In a word, the great idea which he [Madison] put forth was identical with that which had always been devoutly cherished by our Baptist fathers, alike in the old world and the new, and which precisely a century and a half before had been perfectly expressed in the celebrated letter of Roger Williams to the people of his settlement, and by him incorporated into the fundamental law of the colony of Rhode Island. By Mr. Madison it was elaborated with arguments and wrought into the generalizations of statesmanship, but the essential idea is precisely the same with the ‘soul liberty’ so earnestly contended for by the Baptists of every age.”[11]

One must keep in mind that although the document advocated freedom of conscience, something for which Baptists had long struggled, the tone was that of deistic or humanistic arguments based upon reason and natural law. As pointed out supra, Jefferson and Madison and other deistic separatists “were interested in leaving the mind free to follow its own rational direction.” A trust in man’s reason without consideration of principles in the word of God is a leaven which eventually totally pollutes. Tragically, the pietistic arguments of Isaac Backus never prevailed in America. America never fully proceeded upon the lessons taught by the Bible, and implemented by Roger Williams, John Clarke, and the other founders of Rhode Island.

Click here to go to PDF of James Madison’s Memorial and Remonstrance. Here are just a few excerpts:

  • “Because we hold it for a fundamental and unalienable truth, ‘that religion, or the duty which we owe to the Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence,’ the religion, then of every man, must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. … [H]e must be considered as a subject of the Governor of the Universe…. We maintain, therefore, that in matters of religion, no man’s rights is abridged by the institution of civil society; and that religion is wholly exempt from its cognizance….
  • “… Who does not see that the same authority, which can establish Christianity in exclusion of all other religions, may establish, with the same ease, any particular sect of Christians, in exclusion of all other sects; that the same authority, which can force a citizen to contribute three pence only of his property, for the support of any one establishment, may force him to conform to any other establishment, in all cases whatsoever?
  • “Because the establishment proposed by the bill, is not requisite for the support of the Christian religion itself; for every page of it disavows a dependence on the power of the world; it is a contradiction to fact, for it is known that this religion both existed and flourished, not only without the support of human laws, but in spite of every opposition from them; ….
  • “Because experience witnesses that ecclesiastical establishments, instead of maintaining the purity and efficacy of religion, have had a contrary operation. During almost fifteen centuries has the legal establishment of Christianity been on trial. What have been its fruits? More or less in all places, pride and indolence in the clergy; ignorance and servility in the laity; in both, superstition, bigotry, and persecution. Inquire of the teachers of Christianity for the ages in which it appeared in its greatest luster; those of every sect point to the ages prior to its incorporation with civil policy. Propose a restoration of this primitive state, in which its teachers depended on the voluntary rewards of their flocks, many of them predict its downfall….
  • “… [The proposed bill] is a signal of persecution. It degrades from the equal rank of citizens, ….
  • “Because it will have a tendency to banish our citizens…. Torrents of blood have been spilt in the old world, by vain attempts of the secular arm to extinguish religious discord, by proscribing all differences in religious opinion….
  • “Because the policy of the bill is adverse to the light of Christianity….
  • “Because, finally, ‘the equal right of every citizen to the free exercise of his religion according to the dictates of his conscience,’ is held by the same tenure with all our other rights….”[12]

Madison, who led the opposition, was able to obtain a postponement of consideration of the bill from December 1784 to November 1785. Before adjourning, the legislature passed a bill which incorporated the Protestant Episcopal Church “deemed necessary in order to regulate the status of that church in view of the severance of its subordination to the Church of England that had resulted from the Revolution. The bill gave the Episcopal ministers title to the churches, glebes, and other property, and prescribed the method of electing vestrymen. Even Madison voted for the incorporation bill, though reluctantly and only in order to stave off passage of the assessment bill. Nonetheless, the incorporation bill aroused a good deal of opposition.”[13]


Endnotes

[1] William H. Marnell, The First Amendment: Religious Freedom in America from Colonial Days to the School Prayer Controversy (Garden City, New York: Doubleday & Company, Inc., 1964), p. 95.

[2] Reynolds v. United States, 98 U.S. 145, 163 (1879); see James, p. 129 where the preamble to the bill is quoted.

[3] Charles F. James, Documentary History of the Struggle for Religious Liberty in Virginia (Harrisonburg, VA.: Sprinkle Publications, 2007; First Published Lynchburg, VA.: J. P. Bell Company, 1900), p. 135.

[4] Marnell, pp. 95, 96.

[5] Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 98, citing N. J. Eckenrode, The Separation of Church and State in Virginia (Richmond, Va.: Virginia State Library, 1910), p. 86. Pfeffer notes in Chapter 4 fn. 102 that the text of the bill is printed as an appendix to Justice Rutledge’s dissent in Everson, 330 U.S. 1.

[6] Ibid.

[7] Everson v. Board of Education, 330 U.S.1, fn. 9 at 11; 67 S. Ct. at 509 (1947).

[8] Pfeffer, p. 101. Pfeffer states that “[i]t is important to note the emphasis the ‘Memorial’ places on ideological factors.” His comments following that quote ignore the references to our “creator,” and the “Governor of the Universe.”

[9] James, p. 135, quoting Semple.

[10] Ibid., p. 135, quoting Dr. George B. Taylor, Memorial Series, No. IV., page 19.

[11] Ibid., p. 135.

[12] James Madison, Memorial and Remonstrance against Religious Assessments, June 20, 1785.

[13] Pfeffer, p. 99, citing Eckenrode, p. 100.

IX. The Battle for Religious Liberty Continues, 1784-1785; Baptists Uncompromising in Their Stand for Religious Liberty; Presbyterians Take a Middle Ground to Which Madison Takes Issue


A Publication of Separation of Church and State Law Ministry



Jerald Finney
Copyright © March 3, 2018


After the Revolution, numerous petitions and memorials were presented to the House of Delegates in 1784 and 1785 by the above-mentioned denominations in support of their positions.[1] The Episcopalians sought to recover lost ground. “In the late spring of 1784, a resolution was introduced in the Virginia Assembly seeking official recognition for the Episcopal Church. The resolution was debated for two days, with notable opposition from Baptists and Presbyterians.”[2] Madison, in a letter to Thomas Jefferson dated July 3, 1784, wrote concerning this resolution:

  • “The Episcopal clergy introduced a notable project for re-establishing their independence of laity. The foundation of it was that the whole body should be legally incorporated, invested with the present property of the Church, made capable of acquiring indefinitely—empowered to make canons and by-laws not contrary to the laws of the land, and incumbents when once chosen by vestries, to be immovable otherwise than by sentence of the Convocation.”[3]

The Baptists continued their uncompromising stand against any vestige of union of church and state. They gave their reasons for their position against a general assessment:

  • “First, it was contrary to their principles and avowed sentiments, the making provision for the support of religion by law; that the distinction between civil and ecclesiastical governments ought to be kept up without blending them together; that Christ Jesus hath given laws for the government of his kingdom and direction of his subjects, and gave instruction concerning collections for the various purposes of religion, and therefore needs not legislative interference.
  • “Secondly, should a legislative body undertake to pass laws for the government of the church, for them to say what doctrines shall be believed, in what mode worship shall be performed, and what the sum collected shall be, what a dreadful precedent it would establish; for when such a right is claimed by a legislature, and given up by the people, by the same rule that they decide in one instance they may in every instance. Religion is like the press; if government limits the press, and says this shall be printed and that shall not, in the event it will destroy the freedom of the press; so when legislatures undertake to pass laws about religion, religion loses its form, and Christianity is reduced to a system of worldly policy.
  • “Thirdly, it has been believed by us that that Almighty Power that instituted religion will support his own cause; that in the course of divine Providence events will be overruled, and the influence of grace on the hearts of the Lord’s people will incline them to afford and contribute what is necessary for the support of religion, and therefore there is no need for compulsory measures.
  • “Fourthly, it would give an opportunity to the party that were numerous (and, of course, possessed the ruling power) to use their influence and exercise their art and cunning, and multiply signers to their own favorite party. And last, the most deserving, the faithful preacher, who in a pointed manner reproved sin and bore testimony against every species of vice and dissipation, would in all possibility, have been profited very little by such a law, while men-pleasers, the gay and the fashionable, who can wink at sin and daub his hearers with untempered mortar, saying, ‘Peace, peace,’ when there is no peace, who can lay out his oratory in dealing out smooth things mingled with deception, the wicked, it is clear, would like to have it so; and it follows the irreligious and carnal part of the people would richly reward them for their flattery, and the undeserving go off with the gain.”[4]

The Presbyterians took “a sort of middle ground, which caused confusion in their own ranks and compromised them in the estimation of others.” It appears that the Presbyterian clergy advocated a plan of general assessment supporting all denominations who believed in union of church and state, but not those who believed in religious liberty and absolute freedom of conscience. James Madison commented on the position of the Presbyterians:

  • “The laity of the other sects (other than Episcopalian) are generally unanimous [against the general assessment]. So are all the clergy, except the Presbyterian, who seem as ready to set up an establishment which is to take them in as they were to pull down that which shut them out. I do not know a more shameful contrast than might be found between their memorials on the latter and former occasions. Rives, I., 630.” [Quoting a letter to James Monroe, April 12, 1775][5]

Endnotes

[1] Charles F. James, Documentary History of the Struggle for Religious Liberty in Virginia (Harrisonburg, VA.: Sprinkle Publications, 2007; First Published Lynchburg, VA.: J. P. Bell Company, 1900), pp. 122-133.

[2] Norman Cousins, In God We Trust (Kingsport, Tennessee: Kingsport Press, Inc., 1958), p. 301.

[3] Ibid., p. 302; Brenner, pp. 60-61.

[4] James, pp. 132-133, citing William Fristoe, “History of the Ketocton Association.”

[5] Ibid., p. 130; Cousins, p. 306.

VIII. Virginia Baptists Alone in Seeking Freedom of Conscience; The Battle for Soul Liberty in Virginia; Jefferson Fights for Religious Liberty


A Publication of Separation of Church and State Law Ministry



Jerald Finney
Copyright © March 3, 2018


Virginia Constitution

It appears that the Baptists were the only denomination of Christians that addressed the 1775 and 1776 conventions on the subject of the rights of conscience. Not until the Revolution in Virginia were the Presbyterians free from the agreement with Governor Gooch. When the Assembly met in October 1776, they were “powerful allies of the Baptists and other dissenters in the war against the Establishment.”[1]

“From that time down to January 19, 1786, when Jefferson’s ‘Bill for Establishing Religious Freedom,’ became the law of the State, the battle for soul liberty was on,”[2] and the process of disestablishment gathered momentum. The legislature of 1776 repealed the laws punishing heresy and absence from worship and exempted dissenters from paying taxes for support of the Church. Although this bill was a compromise, it sounded the death knell of the Anglican establishment. A later statute removed the law fixing the salaries of clergymen, and the position of the Established church was limited more and more until the Declaratory Act of 1787 ended establishment in Virginia.[3]

“From 1776 to 1779 the assembly was engaged almost daily in the desperate contests between the contending factions.”[4] Whereas only one Baptist petition had been presented to the first Convention in 1776, and that after the adoption of the Bill of Rights, the Legislature that assembled on October 7, 1776, was immediately flooded with petitions both for and against establishment. “None of the petitions against establishment were from Baptists as such. However, historians of the times admit that Baptists ‘were not only the first to begin the work, but also the most active in circulating petitions for signatures.’” “Among the signers were some of all denominations of Christians, and many of no denomination. This explains why the Baptist petition or petitions were from dissenters in general, instead of from Baptist dissenters in particular.”[5] The Reverend E. G. Robinson, in his review of Rives’ Life and Times of James Madison, Christian Review of January 1860, said, “The [Presbyterians] argued their petitions on various grounds, and indeed sought for different degrees of religious freedom, while the [Baptists] were undeviating and uncompromising in their demands for a total exemption from every kind of legal restraint or interference in matters of religion.”[6] The Methodists and the established church presented petitions for establishment.[7]

The established church did not give up. Thomas Jefferson gave an account of the struggle through which the Legislature, meeting in late 1776, had just passed:

  • “The first republican Legislature, which met in 1776, was crowded with petitions to abolish this spiritual tyranny. These brought on the severest contest in which I have ever been engaged…. The petitions were referred to a Committee of the Whole House on the State of the Country; and, after desperate contests in the committee almost daily from the 11th of October to the 5th of December, we prevailed so far only as to repeal the laws which rendered criminal the maintenance of any religious opinions (other than those of the Episcopalians), the forbearance of repairing to the (Episcopal) church, or the exercise of any (other than the Episcopal) mode of worship; and to suspend only until the next session levies on the members of that church for the salaries of its own incumbents. For, although the majority of our citizens were dissenters, as has been observed, a majority of the legislature were churchmen. Among these, however, were some reasonable and liberal men, who enabled us on some points to obtain feeble majorities. But our opponents carried, in the general resolutions of November the 19th, a declaration that religious assemblies ought to be regulated, and that provision ought to be made for continuing the succession of the clergy and superintending their conduct. And in the bill now passed was inserted an express reservation of the question whether a general assessment should not be established by law on every one to the support of the pastor of his choice; or whether all should be left to voluntary contributions; and on thus question, debated at every session from 1776 to 1779 (some of our dissenting allies, having now secured their particular object, going over to the advocates of a general assessment,) we could only obtain a suspension from session to session until 1779, when the question against a general assessment was finally carried, and the establishment of the Anglican church entirely put down.”[8]

Legislative meetings from 1776 to December 1779 were presented with memorials both for and against establishment.[9]

When the House met in June 1779, petitions presented to the Assembly showed that the old establishment and its friends were fighting for some sort of compromise based on a general assessment. In 1779, the assembly repealed all laws requiring members of the Episcopal Church to contribute to the support of their own ministry.[10] In December 1779, a bill passed which “cut the purse strings of the Establishment, so that the clergy could no longer look for support to taxation. But they still retained possession of the rich glebes, and enjoyed a monopoly, almost, of marriage fees.”[11] It took until 1779 to pass a bill taking away tax support for the clergy because the dissenters, with the exception of the Baptists, “having been relieved from a tax which they felt to be both unjust and degrading, had no objection to a general assessment.”[12]

“Jefferson sought to press the advantage, and introduced his Bill for Establishing Religious Freedom, but Virginia was not quite ready to formalize the separation which had in effect taken place, and the bill was not voted on.”[13] Instead “a bill was introduced which declared that “the Christian Religion shall in all times coming be deemed and held to be the established Religion of this Commonwealth.” This bill required everyone to register with the county clerk stating which church he wished to support.[14]


Endnotes

[1] Charles F. James, Documentary History of the Struggle for Religious Liberty in Virginia (Harrisonburg, VA.: Sprinkle Publications, 2007; First Published Lynchburg, VA.: J. P. Bell Company, 1900), p p. 66-67.

[2] Ibid., p. 10.

[3] William H. Marnell, The First Amendment: Religious Freedom in America from Colonial Days to the School Prayer Controversy (Garden City, New York: Doubleday & Company, Inc., 1964), pp. 94-95; Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 96.

[4] Pfeffer, p. 97.

[5] James, p. 74. See pp. 68-74 for the petitions against establishment.

[6] Ibid., p. 82.

[7] Ibid., pp. 75-78. The petitions of the Methodists and the established church are quoted and the author comments on the petition of the established church.

[8] Ibid., pp. 80-81; See also Pfeffer, p. 96.

[9] James, pp. 84-91 quotes those memorials.

[10] Pfeffer, p. 97.

[11] James, p. 95.

[12] Ibid., pp. 96-98.

[13] Pfeffer, p. 97.

[14] Ibid., citing R. Freeman Butts, The American Tradition in Religion and Education (Boston: Beacon Press, 1950), pp. 53-56.

VII. Virginia Adopts a New Constitution; Recognizes Religious Liberty (as opposed to Religious Tolerance); Patrick Henry for Religious Tolerance; James Madison for Religious Liberty

 


A Publication of Separation of Church and State Law Ministry



Jerald Finney
Copyright © March 3, 2018


The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish “inadequate” government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789). The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776 as a separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia’s Declaration of Rights stated that it was ‘”the basis and foundation of government” in Virginia. A slightly updated version may still be seen in Virginia’s Constitution, making it legally in effect to this day.

Virginia adopted a new constitution in 1776. The Convention of 1776 was, by its act, made the “House of Delegates” of the first General Assembly under the new constitution. Twenty-nine new members in this meeting were not in the 1775 Convention. “[W]hen there was anything near a division among the other inhabitants in a county, the Baptists, together with their influence, gave a caste to the scale, by which means many a worthy and useful member was lodged in the House of Assembly and answered a valuable purpose there.”[1] Among those favorable to Baptist causes was James Madison. On May 12, the Congress met in Philadelphia “and instructed the colonies to organize independent governments of their own. The war was on.” On May 15, the Convention resolved to declare the “colonies free and independent states” and that a committee be appointed to prepare Declaration of Rights and a plan of government which would “maintain peace and order” and “secure substantial and equal liberty to the people.”[2]

Other than Rhode Island, Virginia was the first colony to recognize religious liberty “in her organic law, and this she did in Article XVI. of her Bill of Rights, which was adopted on the 12th day of June 1776.”[3] In 1776, petitions from all over Virginia seeking religious freedom and freedom of conscience beset the Virginia state convention. Patrick Henry proposed the provision to section sixteen of the Virginia Bill of Rights, which granted religious tolerance.[4] On June 12, the House adopted a Declaration of Rights. The 16th Article provided for religious tolerance. However, [o]n motion on the floor by James Madison, the article was amended to provide for religious liberty. See [5] for short explanation of where Madison learned the distinction between religious toleration and religious liberty. In committee, Madison opposed toleration because toleration “belonged to a system where there was an established church, and where it was a thing granted, not of right, but of grace. He feared the power, in the hands of a dominant religion, to construe what ‘may disturb the peace, the happiness, or the safety of society,’ and he ventured to propose a substitute, which was finally adopted.”[6] He probably moved to change the amendment before the whole house in order to demonstrate his position to the Baptists who were viewing the proceedings. The amendment as passed by the convention read:

  • “That religion, or the duty which we owe to our CREATOR, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.”[7]

“The adoption of the Bill of Rights marked the beginning of the end of the establishment.”[8]


Endnotes

[1] Charles F. James, Documentary History of the Struggle for Religious Liberty in Virginia (Harrisonburg, VA.: Sprinkle Publications, 2007; First Published Lynchburg, VA.: J. P. Bell Company, 1900), p. 58.

[2] Ibid., pp. 58-62.

[3] Ibid., p. 10.

[4] William H. Marnell, The First Amendment: Religious Freedom in America from Colonial Days to the School Prayer Controversy (Garden City, New York: Doubleday & Company, Inc., 1964), pp. 94-95; James, pp. 62-65.

[5] Where did Madison learn the distinction between religious freedom and religious toleration? “It had not then begun to be recognized in treatises on religion and morals. He did not learn it from Jeremy Taylor or John Locke, but from his Baptist neighbors, whose wrongs he had witnessed, and who persistently taught that the civil magistrate had nothing to do with matters of religion.” (Charles F. James, Documentary History of the Struggle for Religious Liberty in Virginia (Harrisonburg, VA.: Sprinkle Publications, 2007; First Published Lynchburg, VA.: J. P. Bell Company, 1900), p.  63 quoting Dr. John Long.)[5]

Madison studied for the ministry at Princeton University, then the College of New Jersey, under John Witherspoon. When he returned to Virginia, he continued his theological interests and developed a strong concern for freedom of worship.

“At the time of Madison’s return from Princeton, several ‘well-meaning men,’ as he described them, were put in prison for their religious views. Baptists were being fined or imprisoned for holding unauthorized meetings. Dissenters were taxed for the support of the State Church. Preachers had to be licensed. Madison saw at first hand the repetition of the main evils of the Old Country. But he also saw a deep dissatisfaction among the people—the kind of dissatisfaction that would grow and that would serve as a mighty battering ram for religious freedom.” (Norman Cousins, In God We Trust (Kingsport, Tennessee: Kingsport Press, Inc., 1958), p. 296.)

[6] See Lenni Brenner, editor, Jefferson and Madison on Separation of Church and State (Fort Lee, NJ: Barricade Books, Inc, 2004), pp. 21-22 for George Mason’s Article, Madison’s Amendment to Mason’s Article, The  Proposal of Committee of Virginia’s Revolutionary Convention, Madison’s Amendment to the Committee’s Article, and the Article as Passed); James, pp. 62-65.

[7] James, pp. 62-64; Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 96.

[8] Pfeffer, p. 96.