Tag Archives: James Madison

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.

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.

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.

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 Churches Under Christ 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.

VI. The Period of Intolerance and Persecution in Virginia Ends in 1775 with the Beginning of the Revolution; The Baptists Push for Religious Freedom


A Publication of Churches Under Christ Ministry



Jerald Finney
Copyright © March 2, 2018


1775 closed the period of “Intolerance, Toleration, and Persecution.”

  • “The colony is involved in trouble with the mother country. Virginia has denounced the ‘Boston Port Bill,’ and made common cause with Massachusetts. The First Continental Congress has already met in Philadelphia. Patrick Henry has electrified the country by his memorable speech in the popular Convention which met March, 1775…. The Battles of Lexington and Concord have been fought (April 19), and Virginia has taken steps to enroll companies of volunteers in every county. The war of the Revolution is on, and the times call for union and harmony among all classes. Hence, there is no more persecution of Baptists. There are no more imprisonments in 1775, and that obnoxious Toleration Bill is indefinitely postponed. The same ruling class that admitted the Presbyterians to Virginia and to the benefits of the Act of Toleration, on condition that they occupied the frontier counties, and thus protected them against Indian raids, are now inclined to tolerate, not only the Presbyterians, but the Baptists also, with all their ‘pernicious doctrines,’ if only they will help in the struggle with Great Britain. The Baptists will help, and not a Tory will be found among them. But they will strike for something more and something dearer to them than civil liberty—for freedom of conscience, for ‘just and true liberty, equal and impartial liberty.’”[1]

The Baptists were ready to push for religious freedom and abolition of the establishment. In their Association meeting on the fourth Saturday of May 1775, “they were to a man favorable to any revolution by which they could obtain freedom of religion. They had known from experience that mere toleration was not a sufficient check, having been imprisoned at a time when that law was considered by many as being in force.” “The Revolutionary War opened up possibilities to overthrow the entire system of persecution…. [Baptists] were everywhere the friends of liberty…. There was not a tory among the Baptists of America.”[2] They received the highest praise for their patriotic endeavors.[3]

The Baptists decided to circulate petitions throughout the state calling for abolition of the church establishment and freedom of religion, and also to appoint commissioners to present their address for military resistance to British oppression and “offering the services of their young men as soldiers and asking only that, so far as the army was concerned, their ministers might enjoy like privileges with the clergy of the Established church” to the State Convention which was the House of Burgess under a new name and in a different character. The Convention, still controlled by “the same class that had, a few years before made concessions to the … Presbyterians on condition that they settle on the western counties forming a line of defense against the Indians, resolved to allow those dissenters in the military who so desired to attend divine worship administered by dissenting preachers. This first step towards placing all Virginia clergy on an equal footing, came as a result of the need for the numerical strength of the Baptists in what was considered by the establishment in 1775 a “struggle for their rights ‘in the union’ [with England].” The Convention maintained their “faith and true allegiance to His Majesty, George the Third, [their] only lawful and rightful King.” “It would have been very impolitic, even if their petitions had been ready, to have sprung the question of disestablishment upon [the Convention] before they had committed themselves to the cause of independence.”[4]


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. 47-48. See also John T. Christian, A History of the Baptists, Volume I, (Texarkana, Ark.-Tex.: Bogard Press, 1922), p p. 381-384.

[2] Christian, Volume I, p. 386-387.

[3] Ibid., pp. 390-391.

[4] James, pp. 49-57.

V. Virginia Persecution of Baptists from 1768-1774; Baptist Petitions; James Madison on Religious Establishment and Persecution


A Publication of Churches Under Christ Ministry



Jerald Finney
Copyright © March 2, 2018


From 1768 through 1774, the Baptists were persecuted severely. “Baptist preachers were whipped, arrested, fined, imprisoned on bread and water, although the authorities sanctimoniously denied that punishment was for ‘preaching’; the crime they said, was ‘breach of the peace.’”[1] The first instance of actual imprisonment was on June 4, 1768, when John Waller, Lewis Craig, James Childs, James Reed, and William Marsh were arrested at Craig’s meetinghouse in Spotsylvania and charged with disturbing the peace. The magistrates offered to release them if they would promise to preach no more for a year and a day. They refused and were jailed. Many more were jailed and otherwise persecuted until 1774.[2]

  • “[The persecutors] seemed sometimes to strive to treat the Baptists and their worship with as much rudeness and indecency as was possible. They often insulted the preacher in time of service, and would ride into the water and make sport when they administered baptism. They frequently fabricated and spread the most groundless reports, which were injurious to the characters of the Baptists. When any Baptist fell into any improper conduct, it was always exaggerated to the utmost extent.”[3]
  • “The enemy, not contented with ridicule and defamation, manifested their abhorrence to the Baptists in another way. By a law then in force in Virginia, all were under obligation to go to church several times a year; the failure subjected them to fine. [Little action against members of the Established church was taken under this law, but] as soon as the ‘New Lights’ were absent, they were presented by grand jury, and fined…. [Others were imprisoned for preaching without a license.] ‘When persecutors found religion could not be stopped … by ridicule, defamation, and abusive language, the resolution was to take a different step and see what they could do; and the preachers in different places were apprehended by magisterial authority, some of whom were imprisoned and some escaped. Before this step was taken, the parson of the parish was consulted [and he advised that] the ‘New Lights’ ought to be taken up and imprisoned, as necessary for the peace and harmony of the old church….’”[4]
  • “[An Episcopalian wrote,] No dissenters in Virginia experienced, for a time, harsher treatment than did the Baptists. They were beaten and imprisoned, and cruelty taxed its ingenuity to devise new modes of punishment and annoyance.”[5]

Because of the persecutions and oppressions, Baptists began to petition the House of Burgesses for relief. Their first petition in 1770 requesting that Baptist ministers “not be compelled to bear arms or attend musters” was rejected. Other petitions from Baptists in several counties were submitted in 1772 requesting that they “be treated with the same indulgence, in religious matters, as Quakers, Presbyterians, and other Protestant dissenters enjoy.” The petitions continued until 1775.[6] The Presbyterians petitioned also, but for the right to incorporate so that they could receive and hold gifts of land and slaves for the support of their ministers. One of the Presbyterian petitions was improperly hailed as proof “that the Presbyterians anticipated the Baptists in their memorials asking for religious liberty.” An examination of that petition reveals that it “contemplate[d] nothing more than securing for Presbyterians and others in Virginia the same privileges and liberties which they enjoyed in England under the Act of Toleration,” and contained no “attack upon the Establishment, or any sign of hostility to it.”[7]

During this time, James Madison wrote to his old college friend, Bradford of Philadelphia, in a letter dated January 24, 1774. He expressed his belief that if

  • “uninterrupted harmony had prevailed throughout the continent [in matters of established religion as practiced in Virginia] it is clear to me that slavery and subjection might and would have been gradually insinuated among us. Union of religious sentiments begets a surprising confidence, and ecclesiastical establishments tend to greatly ignorance and corruption, all of which facilitates the execution of mischievous projects…. Poverty and luxury prevail among all sorts; pride, ignorance, and knavery among the priesthood, and vice and wickedness among the laity. This is bad enough; but it is not the worst I have to tell you. That diabolical, hell-conceived principle of persecution rages among some, and to their eternal infamy, the clergy can furnish their quota of imps for such purposes. 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.”[8]
  • [In another letter to Bradford dated April 1, 1774, Madison wrote that he doubted that anything would be done to help the dissenters in the Assembly meeting beginning May 1, 1774.] He spoke of “the incredible and extravagant stories [which were] told in the House of the monstrous effects of the enthusiasm prevalent among the sectaries, and so greedily swallowed by their enemies…. And the bad name they still have with those who pretend too much contempt to examine into their principles and conduct, and are too much devoted to ecclesiastical establishment to hear of the toleration of the dissentients…. The liberal, catholic, and equitable way of thinking, as to the rights of conscience, which is one of the characteristics of a free people, and so strongly marks the people of your province, is little known among the zealous adherents to our hierarchy…. [Although we have some persons of generous principles in the legislature] the clergy are a numerous and powerful body, have great influence at home by reason of their connection with and dependence on the bishops and crown, and will naturally employ all their arts and interest to depress their rising adversaries; for such they must consider dissentients, who rob them of the good will of the people, and may in time endanger their livings and security.
  • “… Religious bondage shackles and debilitates the mind, and unfits if for every enterprise, every expanded prospect.”[9]

Endnotes

[1] Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 95 citing Edward F. Humphrey, Nationalism and Religion in America (Boston: Chipman Law Publishing Co., 1924), p. 370.

[2] 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. 29-30. Included is a listing of some of those jailed and otherwise persecuted. See also James R. Beller, America in Crimson Red: The Baptist History of America (Arnold, Missouri: Prairie Fire Press, 2004), pp. 230-250; William L. Lumpkin, Baptist Foundations in the South (Eugene, Oregon: Wipf & Stock Publishers, 2006), pp. 105-120; William P. Grady, What Hath God Wrought: A Biblical Interpretation of American History (Knoxville, Tennessee: Grady Publications, Inc., 1999), Appendix A, pp. 593-598 citing Lewis Peyton Little, Imprisoned Preachers and Religious Liberty in Virginia, (Galatin, Tenn.: Church History Research and Archives, 1987), pp. 516-520 (lists many Baptists and the persecutions they endured in Virginia; persecutions such as being jailed for preaching, civil suit, being annoyed by men drinking and playing cards, being jerked off stage and head beaten against the ground, hands being slashed, beaten with bludgeons, being shot with a shotgun, ousted as a justice for preaching, being brutally beaten by a mob, severely beaten with a stick, etc.).

[3] James, p. 30, citing Semple, p. 19.

[4] Ibid., pp. 30-31, citing William Fristoe, “History of the Ketocton Baptist Association,” p. 69.

[5] Ibid., citing Dr. Hawks, “History of the Protestant Episcopal Church of Virginia,” p. 121.

[6] Ibid., pp. 31-35.

[7] Ibid., pp. 42-47.

[8] Lenni Brenner, editor, Jefferson and Madison on Separation of Church and State (Fort Lee, NJ: Barricade Books, Inc, 2004), pp. 11-12; James, p. 36.

[9] Brenner, pp. 12-13; James, pp. 35-38, citing Rives Life and Times of Madison, Vol. I, pp. 43, 53; Norman Cousins, In God We Trust (Kingsport, Tennessee: Kingsport Press, Inc., 1958), pp. 299-301.