Category Archives: Short Course

XI. The Fight against the Assessment Bill Continues; The Virginia Act for Religious Liberty, Drafted by Thomas Jefferson, Passes instead; Thomas Jefferson’s Unswerving Position on Religious Liberty, All Vestiges of the Establishment Removed


A Publication of Churches Under Christ Ministry



Jerald Finney
Copyright © March 5, 2018


Virginia Bill For Religious Freedom -Passed in 1786. Click above image to go to the online PDF.

The people were against the assessment bill, and the Presbyterians reversed their position, opposed the bill, and for the first time, on August 10, 1785, the whole Presbyterian body supported Jefferson’s “Bill for Establishing Religious Freedom,” “although that bill had been before the Legislature since June 1779.” The Baptists asked all counties which had not yet prepared a petition to do so and agreed to prepare a remonstrance and petition against the assessment. Thus the Presbyterians and Baptists stood together, but for different motives. Mr. Madison’s opinion was that the Presbyterians were “moved by either a fear of their laity or a jealousy of the Episcopalians. The mutual hatred of these sects has been much inflamed by the late act incorporating the latter…. Writings of Madison, I., 175.”[1]

Patrick Henry, the leading proponent of the assessment bill was elected governor, “depriving the bill of its ablest legislative leader.” The Memorial and Remonstrance had received wide distribution. At the next session, the General Assembly was flooded with petitions and memorials from all parts of the State, overwhelmingly against the bill. The bill was defeated by three votes.

On January 16, 1786, the Virginia Act for Religious Liberty, drafted by Thomas Jefferson, was passed instead. That bill provided for religious liberty and freedom of conscience. Click here to see the entire PDF of the Bill. It stated, in part:

  • “I. Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the Holy Author of our religion, who being Lord of both 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 their own opinions and modes of thinking as the only true and infallible, and as such, endeavoring to impose them on others hath established and maintained false religions over the greatest part of the world and through all time;
  • that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, … that our civil rights have no dependence on our religious opinions any more than [on] our opinions in physics or geometry;
  • that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion is depriving him injuriously of those privileges and advantages to which in common with his fellow citizens he has a natural right; …
  • that to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles, on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with, or differ from his own;
  • that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt [open, or public] acts against peace and good order; …
  • “II. Be it 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 opinion in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
  • “III. 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 her own, and that therefore to declare this act irrevocable would be of no effect in law, yet, as 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 hereafter be passed to repeal the present or to narrow its operation, such act will be an infringement of natural rights.”[2]

The act included three factors: church, state, and individual. It protected the individual from loss at the hands of the state incursion into his church affiliation, and implicitly banned church establishment. “It did not attempt to define the relations between Church and State except in terms of the individual.”[3]

Thomas Jefferson, the author of the above bill, never swerved from his devotion to the complete independence of church and state. He wrote:

  • “The care of every man’s soul belongs to himself. But what if he neglect the care of it? Well, what if he neglect the care of his health or estate, which more clearly relate to the state. Will the magistrate make a law that he shall not be poor or sick? Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills.”[4]
  • “But our rulers can have no authority over such natural rights, only as we have submitted to them. The rights of conscience we never submitted, we could not submit. We are answerable for them to our God….
  • “Is uniformity attainable? Millions of innocent men, women, and children, since the introduction of Christianity, have been burnt, tortured, fined, imprisoned; yet we have not advanced one inch towards uniformity. What has been the effect of coercion? To make one half the world fools, and the other half hypocrites. To support roguery and error all over the earth.”[5]

The Baptists continued their struggle to remove all vestiges of the establishment until 1802 when the glebes were sold and all religious societies were placed on equal footing before the law. The glebes were tracts of land and buildings built thereon for the accommodation of the minister and his family, all at the expense of the people within the parish. The Baptists fought to have the act incorporating the Episcopal church repealed. Reuben Ford and John Leland attended the first 1787 assembly meeting as agents in behalf of the Baptist General Committee.[6] On August 10, 1787, the act incorporating the Episcopal church was repealed, and until 2001—when Jerry Falwell and trustees of the Thomas Road Baptist Church, who were joined by the American Civil Liberties Union, challenged the Virginia Constitutional provision forbidding the incorporation of churches in federal district court—no church in Virginia could be incorporated.[7]

“The Baptists continued to memorialize the Legislature … and in 1799 that body passed an act entitled ‘An Act to Repeal Certain Acts, and to Declare the Construction of the Bill of Rights and the Constitution Concerning Religion,’ which act declared that no religious establishment had legally existed since the Commonwealth took the place of the regal government, repealed all laws giving to the Protestant Episcopal church any special privileges, and declared that ‘the act establishing religious freedom’ contains the true construction of the Bill of Rights and of the Constitution; but no order was given for the sale of the glebes.”[8]

As the Anglican establishment in Virginia yielded to pressure from Baptists [and to a much lesser extent Presbyterians] so that religious liberty was established in that state, “[t]he same pressure, reinforced by the conditions of frontier living, ended the Anglican establishment in the Carolinas and Georgia…. [T]he conditions which made establishment possible never existed in the states admitted after Vermont, nor in the territories with the exception of unique Utah.”[9]

By the time the Constitutional Convention convened in 1787, “three states, Rhode Island, New York, and Virginia granted full religious freedom. Pennsylvania, Delaware, and Maryland demanded in different degrees adherence to Christianity. New Jersey, North Carolina, South Carolina, and Georgia demanded Protestantism.”[10]


Endnotes

[1] Lenni Brenner, editor, Jefferson and Madison on Separation of Church and State (Fort Lee, NJ: Barricade Books, Inc, 2004), p. 74 (letter dated August 20, 1785); 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. 134-139. Madison’s quote was from a letter to Mr. Jefferson.

[2] Cited in Norman Cousins, In God We Trust (Kingsport, Tennessee: Kingsport Press, Inc., 1958), pp. 125-127; see also, for an edited version, Living American Documents, Selected and edited by Isidore Starr, Lewis Paul Todd, and Merle Curti, (New York, Chicago, Atlanta, Dallas, Burlingame: Harcourt, Brace & World, Inc., 1961), pp. 67-69.

[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. 96-97.

[4] Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 94, citing Saul K. Padover, The Complete Jefferson (New York: Duell, Sloan & Pearce, 1943), p. 943. Keep in mind that although Pfeffer’s quotes of Jefferson and others often spoke of God and His sovereignty and freedom of conscience, Pfeffer passes over God as though he had not been mentioned.

[5] Pfeffer, citing Joseph L. Blau, Cornerstones of Religious Freedom in America (Boston: Beacon Press, 1949), pp. 78-79.

[6] James, pp. 142-146.

[7] See Falwell v. Miller, 203 F. Supp. 2d 624 (W.D. Va. 2002).

[8] James, pp. 142-145.

[9] Marnell, p. 130.

[10] Ibid., p. 98.

VII. The Revival Dies; Separate Churches Die; Baptist Denomination Grows; Formation of the Warren Association in 1770 To Obtain Religious Liberty; Isaac Backus’s Efforts; An Appeal to the Public

 


A Publication of Churches Under Christ Ministry



Jerald Finney
Copyright © February 28, 2018


The revival died out almost as fast as it had appeared. Conversions became rare. People turned their attention to politics and controversy. The Separate churches and groups either died, or found their way into the Baptist camp. The Baptist denomination experienced an unprecedented growth. In 1740 no more than six Calvinistic Baptist churches existed in New England; but by 1800 there were more than 325 Baptist churches, most of them Calvinistic.[1]

The Warren Association, an association of Baptist churches, was formed in 1770. The main goal was to obtain religious liberty. This marked an important movement in the history of New England. An advertisement to all Baptists in New England was published requesting them to bring in exact accounts of their cases of persecution to the first annual meeting on September 11, 1770. The establishment feared the association and countered by dealing deceitfully with it and spreading lies about the association.[2]

Isaac Backus was the key member of the grievance committee of the Warren Association in September 1771. “[He soon] became the principal spokesman for the Baptists in their efforts to disestablish the Puritan churches. As such he did more than any other man to formulate and publicize the evangelical position on Church and State which was ultimately to prevail throughout America.”[3]

“An Appeal to the Public for Religious Liberty Against the Oppression of the Present Day” was the most important of the 37 tracts which Backus published during his lifetime and was central to the whole movement for separation of church and state in America. “It remains the best exposition of the 18th century pietistic concept of separation.”[4] In that tract, Backus argued, among other things:

  • “Basic to the Baptist position was the belief that all direct connections between the state and institutionalized religion must be broken in order that America might become a truly Christian country. Backus, like Jefferson and Madison, believed that ‘Truth is great and will prevail’—but by ‘Truth’ he meant the revealed doctrines of grace. His fundamental assumption was that ‘God has appointed two different kinds of government in the world which are different in their nature and ought never to be confounded together; one of which is called civil, the other ecclesiastical government.’ The two had been ‘confounded together’ by the Emperor Constantine and the Papacy and had ultimately been brought to New England by the Puritans ‘who had not taken up the cross so as to separate from the national church before they came away.’ A ‘Brief view of how civil and ecclesiastical affairs are blended together among us [in 1773] to the depriving of many of God’s people of that liberty of conscience which he [God] has given us’ utilized also the long–forgotten arguments of Roger Williams to defend the doctrines of separation.”[5]

Amidst persecutions of Baptists for failing to pay ministerial taxes, the association met on September 1773 and voted to refrain from giving any more certificates for tax exemption to pay the established minister. Backus listed the reasons why they would no longer obey “a law requiring annual certificates to the other denomination.” “Jefferson in his preamble to the Religious Liberty Act of Virginia and Madison in his famous Remonstrance of 1785 utilized essentially deistic arguments based upon reason and natural law. Backus’s arguments were pure pietism[:]”[6]

  • [To get a certificate] “implies an acknowledgement that religious rulers had a right to set one sect over another, which they did not have.” 2. Civil rulers have no right to impose religious taxes. 3. Such practice emboldens the “actors to assume God’s prerogative.” 4. For the church, which is presented as a chaste virgin to Christ, to place her trust and love upon others for temporal support is playing the harlot. 5. “[B]y the law of Christ every man is not only allowed but also required to judge for himself concerning the circumstantials as well as the essentials of religion, and to act according to the full persuasion of his own mind.” The practice tends to envy, hypocrisy, and confusion, and the ruin of civil society.[7]

An Appeal to the Public was pietistic America’s declaration of spiritual independence. Like Jefferson’s Declaration three years later, it contained a legal brief against a long train of abuses, a theoretical defense of principle, and a moral argument for civil disobedience.”[8] No answer was ever given to “An Appeal to the Public” which was published in Boston. The collection of taxes for support of the established religion continued with confiscation of property and imprisonments occurring.[9]


Endnotes

[1] William L. Lumpkin, Baptist Foundations in the South (Eugene, Oregon: Wipf & Stock Publishers, 2006), p. 20.

[2] Isaac Backus, A History of New England With Particular Reference to the Denomination of Christians called Baptists, Volume 2 (Eugene, Oregon: Wipf & Stock Publishers, Previously published by Backus Historical Society, 1871), pp. 154-156; pp. 408-409 of A History of New England… gives more on the formation of the Warren Association.

[3] William G. McLoughlin, Isaac Backus and the American Piestic Tradition (Boston: Little, Brown and Company, 1967), p. 109.

[4] Ibid., p. 123. The entire contents of the tract are in Isaac Backus on Church, State, and Calvinism, Pamphlets, 1754-1789, Edited by William G. McLoughlin (Cambridge, Massachusetts: The Belknap Press of Harvard University Press, 1968), pp. 303-343.

[5] Ibid., pp. 123-124.

[6] Ibid., p. 126.

[7] Backus, Volume 2, p. 178, citing “An Appeal to the Public for Religious Liberty.”

[8] McLoughlin, Isaac Backus and the American Piestic Tradition, p. 127.

[9] Backus, Volume 2, pp. 178-182. Christian, Volume I, p. 388.

Conclusion: History of Religious Freedom in America


A Publication of Churches Under Christ Ministry



Jerald Finney
Copyright © March 5, 2018


Early in the colonial period, men formed the first notable government that legally protected separation of church and state and religious liberty. This historical event arose out of a conflict between the two currents which flowed in opposite directions.

  • “A large number of people fled out of the old world into this wilderness for religious liberty; but had not been here long before some put in high claims for power, under the name of orthodoxy; to whom others made fierce opposition professedly from the light within; and their clashings were so great that several lives were lost in the fray. This made a terrible noise on the other side of the water. But as self-defence is a natural principle, each party wrote volume after volume to clear themselves from blame; and they both conspired to cast a great part of it upon one singular man [Roger Williams], whom they called a weathercock and a windmill. Now let the curious find out if they can, first how men of university learning, or of divine inspiration, came to write great volumes against a windmill and a weathercock? secondly, how such a strange creature came to be an overmatch for them all, and to carry his point against the arts of priestcraft, the intrigues of court, the flights of enthusiasm and the power of factions, so as after he had pulled down ruin upon himself and his friends, yet to be able, in the midst of heathen savages, to erect the best form of civil government that the world had seen in sixteen hundred years? thirdly, how he and his ruined friends came to lie under those reproaches for a hundred years, and yet that their plan should then be adopted by thirteen colonies, to whom these despised people could afford senators of principal note, as well as commanders by sea and land? The excellency of this scene above those which many are bewitched with, consists in its being founded upon facts and not fictions; being not the creature of distempered brains, but of an unerring Providence.”[1]

Many brave men and women, with Baptists at the forefront, paid a high price on the path to religious liberty and freedom of speech, association, and the press. One should not forget that those people were motivated by a deep love for God and his word, not by earthly concerns.

As a result of the fight, Christians, and everyone else in America, have religious freedom. The United States Supreme Court still upholds the wall of separation between church and state and freedom of conscience.[2]

Christians in America have been blessed above measure and can choose to please God and not be persecuted for it. The brief time men will be on earth is miniscule compared to eternity. The time an individual Christian is here is nothing more than a blink of the eye. An American believer now has the opportunity to glorify God without persecution. That opportunity was the result of the trail of blood left by the martyrs for Christ.

If the Son therefore shall make you free, ye shall be free indeed (John 8.36).

Every breath a believer takes out of God’s will is a wasted breath. He will praise God naturally, not as a matter of choice, in heaven. This is his one chance, during his eternal existence, to live for Christ of his own free will. This is the one shot he has to choose to please, serve, praise, and glorify God. After leaving this world, some will learn, when it is too late, that they never glorified him when they had the choice. Some will learn that they did not proceed according to knowledge, understanding, and wisdom; and that they followed and promoted the principles and goals of the god of this world.


Endnotes

[1] Isaac Backus, A History of New England With Particular Reference to the Denomination of Christians called Baptists, Volume 1 (Eugene, Oregon: Wipf & Stock Publishers, Previously published by Backus Historical Society, 1871), pp. 408-409.

[2] See Jerald Finney, God Betrayed, Separation of Church and State: The Biblical Principles and the American Application (Xulon Press, 2008 (www.xulonpress.com), Section V. Sadly, while upholding that wall of separation, the Court has also twisted the meaning of the First Amendment so as to remove God from practically all civil government matters.

II. The Continuing Fight for a Religious Freedom Amendment; The First Amendment Is Adopted and Approved


A Publication of Separation of Church and State Law Ministry



Jerald Finney
Copyright © March 5, 2018


James Madisons first act, after the First Congress was organized, in 1789, was to propose, on June 8, certain amendments, including what is now the First Amendment. His purpose was to “conciliate and to make all reasonable concessions to the doubting and distrustful”—to those, the Baptists, who were concerned about the issue of religious liberty. “Of all the denominations in Virginia, [the Baptists] were the only ones that had expressed any dissatisfaction with the Constitution on that point, or that had taken any action into looking to an amendment.” The Baptists of Virginia had also corresponded with Baptists of other states to “secure cooperation in the matter of obtaining” a religious liberty amendment. No other denomination asked for this change.[1] A general committee of Baptist churches from Virginia presented an address to President Washington, dated August 8, 1789, expressing concern that “liberty of conscience was not sufficiently secured,” perhaps because “on account of the usage we received in Virginia, under the regal government, when mobs, bonds, fines and prisons, were [their] frequent repast.”[2] President Washington assured them that he would not have signed the Constitution if he had had the slightest apprehension that it “might endanger the religious rights of any ecclesiastical society.”[3]

Some Baptists and others did not see the need for a religious freedom amendment. Indeed, the First Amendment may not have been necessary to guarantee separation of church and state. Isaac Backus was elected as a delegate to the Massachusetts convention of January, 1788, which considered the issue of ratification of the new Constitution. He spoke at the convention.

  • “On February 4, [Backus] spoke of ‘the great advantage of having religious tests and hereditary nobility excluded from our government.’ These two items in the Constitution seemed to him a guarantee against any establishment of religion and against the formation of any aristocracy. ‘Some serious minds discover a concern lest, if all religious tests should be excluded, the congress would hereafter establish Popery, or some other tyrannical way of worship. But it is most certain that no such way of worship can be established without any religious test.’ He said ‘Popery,’ but he probably feared, as many Baptists did, that some form of Calvinism of the Presbyterian or Consociational variety was more likely. His interpretation of this article helps to explain why the Baptists [of Massachusetts] made no effort to fight for an amendment on freedom of religion along with the others which the convention sent to Congress.”[4]

Even Madison, who proposed and fought for the First Amendment, did not believe that it was necessary for the security of religion. He wrote in his Journal on June 12, 1788:

  • “… Is a bill of rights a security for Religion? … If there were a majority of one sect, a bill of rights would be a poor protection for liberty. Happily for the states, they enjoy the utmost freedom of religion. This freedom arises from that multiplicity of sects, which pervades America, and which is the best and only security for religious liberty in any society. For where there is such a variety of sects, there cannot be a majority of any one to oppress and persecute the rest. Fortunately for this commonwealth, a majority of the people are decidedly against any exclusive establishment—I believe it to be so in the other states…. But the United States abounds in such a variety of sects, that it is a strong security against religious persecution, and it is sufficient to authorize a conclusion, that no one sect will ever be able to outnumber or depress the rest.”[5]

Others were against a bill of rights. “James Wilson argued that ‘all is reserved in a general government which is not given,’ and that since the power to legislate on religion or speech or press was not given to the Federal government, the government did not possess it, and there was therefore no need for an express prohibition.”[6] “Alexander Hamilton argued that a bill of rights, not only was unnecessary, but would be dangerous, since it might create the inference that a power to deal with the reserved subject was in fact conferred.”[7]

The amendment was adopted on September 25, 1789, and was approved by the required number of states in 1791.

“No more fitting conclusion can be had … than to quote the language of the Father of his country. The days of persecution, of blood and of martyrdom were passed. Civil and soul liberty, the inalienable rights of man, enlargement, benevolent operations, educational advantages, and worldwide missionary endeavor, all had been made possible by the struggles of the past. The Baptists consulted George Washington to assist in the securing freedom of conscience. He replied:

  • “I have often expressed my sentiments, that every man, conducting himself as a good citizen, and being accountable to God alone for his religious opinions, ought to be protected in worshipping the Deity according to the dictates of his own conscience. While I recognize with satisfaction, that the religious society of which you are members have been, throughout America, uniformly and almost unanimously the firm friends to civil liberty, and the persevering promoters of our glorious revolution, I cannot hesitate to believe, faithful supporters of a free, yet efficient general government. Under this pleasing expectation, I rejoice to assure them, that they may rely on my best wishes and endeavors to advance their prosperity.”[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. 167.

[2] Isaac Backus, A History of New England With Particular Reference to the Denomination of Christians called Baptists, Volume 2 (Eugene, Oregon: Wipf & Stock Publishers, Previously published by Backus Historical Society, 1871), p. 340.

[3] Ibid.

[4] William G. McLoughlin, Isaac Backus and the American Piestic Tradition (Boston: Little, Brown and Company, 1967), pp. 198-199.

[5] Norman Cousins, In God We Trust (Kingsport, Tennessee: Kingsport Press, Inc., 1958), pp. 314-315.

[6] Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 112.

[7] Ibid., citing Federalist Papers, Modern Library ed., 1937, p. 559.

[8] John T. Christian, A History of the Baptists, Volume I, (Texarkana, Ark.-Tex.: Bogard Press, 1922), pp. 392-393, citing Sparks, Writings of George Washington, SII, 155. Boston, 1855.

Convention to Amend Articles of Confederation; Constitution Drafted; John Leland’s Influence on James Madison; Constitution Ratified by the States


A Publication of Churches Under Christ Ministry



Jerald Finney
Copyright © March 5, 2018


A convention was called in Philadelphia in 1787 to revise the Articles of Confederation.

  • “In a little more than a year after the passage of the Virginia Act for Religious Liberty the convention met which prepared the Constitution of the United States. Of this convention Mr. Jefferson was not a member, he being then absent as minister to France…. Five of the states, while adopting the Constitution, proposed amendments. Three—New Hampshire, New York, and Virginia—included in one form or another a declaration of religious freedom in the changes they desired to have made, as did also North Carolina, where the convention at first declined to ratify the Constitution until the proposed amendments were acted upon. Accordingly, at the first session of the first Congress the amendment now under consideration [the First Amendment] was proposed with others by Mr. Madison. It met the views of the advocates of religious freedom, and was adopted.”[1]

After the drafting of the Constitution, it was submitted to the states for ratification. “[I]t was doubtful whether it would pass. Massachusetts and Virginia were the pivotal states.”[2] The Baptists of Virginia were against ratification because the Constitution did not have sufficient provision for religious liberty. Patrick Henry had declined to serve at the Convention and was against it. He posed as the champion of the Baptists in opposition to the Constitution. Of course, Madison was for ratification. However, the Baptists chose John Leland, the most popular preacher in Virginia, as candidate of Orange County to the state ratification convention opposed to ratification, and his opponent was to be James Madison. Mr. Leland likely would have been elected had he not later withdrawn. Mr. Madison, when he returned from Philadelphia, stopped by Mr. Leland’s house and spent half a day communicating to him about “the great matters which were then agitating the people of the state and the Confederacy” and relieving Baptist apprehensions as to the question of religious liberty. Because of this meeting, Mr. Leland withdrew in favor of Mr. Madison and the Baptists of Orange County were won over to the side of Madison.[3] “If Madison had not been in the Virginia Convention, that Constitution would not have been ratified by the State, and as the approval of nine states was required to give effect to this instrument, and as Virginia was the ninth, if it had been rejected by her, the Constitution would have failed…. [A]nd that it was by Elder Leland’s influence that Madison was elected to the Convention.”[4]

The Constitution was ratified and election of the officers of government was the next order of business. Patrick Henry, using his influence in the Legislature, prevented Madison from being elected as Senator. In addition, the Legislature drew the lines for Representative district to prevent Madison from being elected as Representative. However, he was able to “relieve Baptist apprehensions as to any change in his principles, and assure them of his readiness to aid in securing a proper amendment to the Constitution on the subject of religious liberty.” He was elected.


[1] Reynolds v. United States, 98 U.S. at 164.

[2] John T. Christian, A History of the Baptists, Volume I, (Texarkana, Ark.-Tex.: Bogard Press, 1922), p. 391.

[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), pp. 150-158; William P. Grady, What Hath God Wrought: A Biblical Interpretation of American History (Knoxville, Tennessee: Grady Publications, Inc., 1999), pp. 166-167.

[4] Christian, Volume I, pp. 391-392. Statement of J.S. Barbour, of Virginia, in 1857, in an eulogy of James Madison.

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 Churches Under Christ 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 Churches Under Christ 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.