endanger the public peace.
Whoever will read the history of Germany (not to mention the mother of harlots) will find this exemplified, in a manner and degree sufficient to shock any one who is not destitute of every spark of humanity. Calvinists and remonstrants made the religious divisions of the people: sometimes one party then the other was superior in their bloody disputes.
The fire first began among and between the congregations of different persuasions (calvinistic and arminian) the women and children came to blows and women pulled each others caps and hair as they passed and repassed the streets after (what they called divine) service was over in the several congregations, and the children gave each other bloody noses. This brought on civil dissention and altercation, until at length, rivers of blood in quarrels about things entirely immaterial and useless, relative either to this world or the other were shed; the nearest kindred embrued their hands in each others blood, subjects withdrew their allegiance and tumbled their rulers from their seats.
This is a true representation of facts, and is sufficient to deter any legislature from enacting laws requiring conformity to any particular mode or profession of religion, under pains of persecution in case of refusal.
This is not suggested because a persecuting spirit has of late years been conspicuous among the inhabitants of this state. On the contrary, a candid, catholic, and benevolent disposition has increased and prevailed. The principle reason why this is exhibited is, that as the GOOD PEOPLE of this and its sister states had just cause to alter and amend their civil constitution, so also, it is probable, the legislature of this State will take into consideration the eclesiastical discipline and government, and make such alterations and amendments in the constitution of the churches, as by them, in their wisdom shall be thought proper. We would therefore guard against everything that might be construed to have the least colour of a persecuting tendency, that so the law, relative to religion, may be the most candid, catholic and rational, that the nature of human society will admit of.
Perhaps some sticklers for establishments, requiring conformity to the prevailing religion, may now enquire whether, upon the principles above laid down, any legal establishment at all can take place? and if any, what? In answer to such querists, I would say that if by an establishment they intend the enacting and ordaining laws obliging dissenters from any certain religion to conform thereto, and, in case of nonconformity, subjecting them to pains, penalties and disabilities, in this sense there can and ought to be none. The establishment contended for in this disquisition, is of a different kind, and must result from a different legal Procedure.
It must proceed only from the benign frames of the legislature from an encouragement of the GENERAL PRINCIPLES of religion and morality, recommending free inquiry and examination of the doctrines said to be divine; using all possible and lawful means to enable its subjects to discover the truth, and to entertain good and rational sentiments, and taking mild and parental measures to bring about the design; these are the most probable means to bring about that establishment of religion which is recommended, and a settlement on an immoveable BASIS. It is lawful for the directors of a state to give preference to that profession of religion which they take to be true, and they have right to inflict penalties on those who notoriously violate the laws of natural religion, and thereby disturb the public peace. The openly profane come within their penal jurisdiction. There is no stronger cement of society than a sacred regard to OATHS; nothing binds stronger to the observation of the laws, therefore the public safety, and the honor of the SUPREME BEING require that public profaneness, should bring down the public vengeance upon those who dare hurl profanities at the throne of OMNIPOTENCE, and thereby lessen the reverence of the people for oaths, and solemn appeals to almighty God, and so shaking the foundation of good order and security in society. The same may be said of all Profaneness, and also of debauchery, which strike a fatal blow at the root of good regulation, and the well-being of the state.
And now with regard to the positive interposition of civil magistracy in behalf of religion, I would say, that what has been above suggested with respect to toleration, will not disprove the right of the legislature to exert themselves in favor of one religious profession rather than another, they have a right of private judgment as well as others, and are BOUND to do their utmost to propagate that which they esteem to be true. This they are to do by providing able and learned TEACHERS, to instruct the people in the knowledge of what they deem the truth, maintaining them by the public money, though at the same time they have no right in the least degree to endeavor the depression of professions of any religious denomination. Nor let it be said (in order to a perfect toleration) that all religious denominations have an equal right to public countenance, for this would be an evident infringement on the right of private judgment in the members of the legislature.
If the greatest part of the people, coincide with the public authority of the State in giving the prefference to any one religious system and creed, the dissenting few, though they cannot conscientiously conform to the prevailing religion, yet ought to acquiesce and rest satisfied that their religious Liberty is not diminished.
This suggestion starts a question, which has caused much debate among persons of different religious sentiments, viz. Whether a minor part of a parish or other corporation, are, or can be consistently obliged to contribute to the maintenance and support of a minister to them disagreeable, who is approved by the majority.
This is answered by a very able writer in the following manner, viz. “that this will stand upon the same footing with their contributing towards the expence of a war, which they think not necessary or prudent. If no such power were admitted, covetousness would drive many into dissenting parties in order to save their money.
So that none can reasonably blame a government for requiring such a general Contribution, and in this case it seems fit it should be yielded to, as the determination of those to whose guardianship the minority have committed themselves and their possessions.
We hope and trust that you, Hon. directors of this State, will exert yourselves in the cultivation and promotion of pure and RATIONAL RELIGION among your constituents. If there were no arguments to be drawn from the consideration of a future world, yet those drawn from the great influence of religion upon the LAWS and the observance of them, must, and ought to prevail.”
I would add, that our Legislature of the last year have declared that “a Government so popular can be supported only by universal Knowledge and VIRTUE, in the body of the people.”
In addition to this, I shall produce the opinion of the above cited Montesquieu (a great authority!) and so conclude this number.
“Religion may support a state, when the laws themselves are incapable of doing it.
“Thus when a kingdom is frequently agitated by civil wars, religion may do much by obliging one part of the state to remain always quiet.
“A prince who loves and fears religion, is a lion, who stoops to the hand that strokes or to the voice that ap-peases him. He who fears and hates religion, is like the savage beast, that growls and bites the chain which prevents his flying on the passenger. He who has no religion at all, is that terrible animal; who perceives his liberty only when he tears in pieces, and when he devours.”
Thanksgiving Proclamation and Letters to Religious Associations
