colonies at that epoch did not exceed I apprehend, in Europe, with respect to the 3,500,000, of whom about 500,000 were slaves. If we assume the number of ministers to have been 1441, and the population 3,500,000 in 1775, then we have one minister of the Gospel, on an average, for every 2429 souls, which, I apprehend, is not far from the exact truth. dissolution of the union of Church and State in the United States. First, many seem to think that it was a natural and inevitable result of the separation of the colonies from the mother-country, and of the independent position which they had assumed. But that union connected the established churches of America, not with the mother-country, but with the colonial governments; so that, when the colonies. became states, the alliance that had subsisted between them and certain churches was not necessarily affected. These At that epoch there was no bishop in either the Protestant Episcopal or Roman Catholic Church. There were at that time nine colleges and two medical schools, but no schools of law or theology. The changes that took place in the gen-churches, in fact, remained, as before, part eral and local government of the thirteen original colonies, on their achieving their independence, have been already noticed. Religion, as well as every other interest, shared in the change of relations that ensued. Henceforth it was with Congress and the State Legislatures, or, rather, with the National and State Governments, that the churches had to do, so far as they had any political relations to sustain at all. It will be my object in this book to point out the changes that took place in the relations of the churches to the civil power, and to show their actual position with regard to it at the present moment. This I will try to do with all the brevity consistent with a lucid treatment of the subject. We have now to see by what means that union of Church and State, which connected the Congregational Church in the North and the Episcopal Church in the Middle and South, with the civil government, was dissolved; what were the results of that dissolution; and what the position in which the churches now stand to the civil power, whether as represented by the General Government or the individual States. CHAPTER II. THE DISSOLUTION OF THE UNION OF CHURCH and parcel of the states, and upon these they continued to be as dependant as ever. They never had any ties with England, beyond falling incidentally, as did the colonies themselves, under the operation of English laws. Again, many imagine that the union of Church and State in America was dissolved by an act of Congress; that is, by an act of the General Government. But this was not the case. An article of the Constitution, it is true, restrains Congress from establishing any particular religion; but this restriction is not in the original draught of the Constitution; it forms one of certain amendments adopted soon after, and runs as follows: "Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof." That is to say, the General Government shall not make any law for the support of any particular church, or of all the churches. But neither this, nor any other article in the Constitution of the United States, prohibits individual states from making such laws. The Constitution simply declares what shall be the powers of the General Government, leaving to the State governments such powers as it does not give to the General Government. This, in reference to the subject in hand, is manifest from the fact that "the establishment of religion," as we shall presently see, surVived for many years, in some states, their adhesion to the Constitution of the United States. Lastly, many persons in Europe seem MORE than one erroneous idea prevails, to be under the impression that the union of Church and State was annihilated at tie that bound the Church to the State in | articles were opposed, or (which was more Massachusetts was severed. CHAPTER III. DISSOLUTION OF THE UNION OF CHURCH AND THE first State that dissolved its connexion with the Church was Virginia, a circumstance that seems surprising at first sight, inasmuch as its early colonists were all sincere friends of its established Episcopal Church, and for a long period were joined by few persons of different sentiments. Indeed, for more than a century dissent was scarcely, if at all, allowed to exist within the commonwealth, even in the most secret manner. common) not mentioned at all; so that, at first, they were not properly dissenters from the original constitution of the Church of England, but the most strict adherents of it, and only dissented from those who had forsaken it."* Prior to 1740, there was only one Presbyterian congregation, it is believed, in Eastern Virginia, though the Scotch and Irish emigrants from Pennsylvania must have introduced several into the Valley.† There were also a few Quaker societies, some small German congregations, and a considerable number of Baptist churches, which, though small and scattered, embraced, perhaps, a larger number of persons, upon the whole, than all the other dissenting bodies put together. It was about this time that a Mr. Samuel Morris, a layman, who had been brought to the knowledge of salvation by the reading of the Scriptures, and by the perusal of Flavel's works, and Luther on the Galatians, began to invite his neighbours, who, like himself, had been living in great ignorance of the Gospel, to come to his house on the Sabbath, and hear him read his favourite authors. Such were the crowds that attended, that a house had soon to be built of size sufficient to contain them. To Flavel and Luther there was added a volume of Whitfield's sermons, as furnishing 66 were visited in 1743 by the Rev. Mr. Robinson, a Presbyterian sent from New-Jersey on a missionary tour to the South. His preaching was greatly blessed to the Readers." He taught them to conduct their worship in the Presbyterian way, and was followed by other ministers of the same denomination. Though they were often fined for not attending the services of the Established Church, these simplehearted and excellent people continued their meetings. In 1747, the Rev. Mr. Dávies, mentioned above, was sent to them by the Presbytery of Newcastle, in Delaware; and, with the exception of some months spent on a visit to England, he laboured among them until 1759, when he was chosen President of the College of Two causes, however, concurred in producing an alteration of these feelings towards the Established Church. First, many whose attachment to it had been owing to their birth, education, and early prepossessions, became disgusted with the irreligious lives of many of the clergy, and the greediness with which, notwithstanding that most of their time was spent in foxhunting and other sports, in company with the most dissolute of their parishioners, they were ready to contend for the last pound of tobacco allowed them as their le-spiritual food for these hungry souls. They gal salary. Such, indeed, was the character of those clergymen, that any one who makes himself minutely acquainted with their doings, must feel amazed that the church which they dishonoured should have retained its hold upon the respect of the Virginian colonists as long as it did. What attachment to it remained, must be ascribed to its having at all times had some faithful and excellent ministers who mourned over these scandals, and by their personal worth redeemed in some measure the body to which they belonged from the infamy brought upon it by their reprobate fellow-clergymen, or parsons,' as they were oftener called. These exceptions, however, did not prevent multitudes from abandoning the Church of their fathers, around which their earliest and tenderest associations still clustered. "Had the doctrines of the Gospel," says one who became an honoured instrument of much good in Virginia, and probably the most eloquent preacher of his day in America, "been solemnly and faithfully preached in the Established Church, I am persuaded there would have been but few Dissenters in these parts of Virginia; for their first objections were not against the peculiar rites and ceremonies of that Church, much less against her excellent articles, but against the general strain of the doctrines delivered from the pulpit, in which those 66 *The Rev. Samuel Davies, in his "Narrative on the State of Religion among Dissenters in Virginia." The Valley of Virginia" is a fine district of country which lies west of the first ridge of the Alothers which lie still farther to the west. It reaches leghany Mountains, and between that ridge and quite across the state, from northeast to southwest, and is considered the best part of it for fertility of soil. It is a part of the same valley which extends across Maryland into Pennsylvania. In the latter state it is called Cumberland Valley. A counterpart to these worthy inquirers after divine knowledge is found at the present day in the northern parts of Sweden and in Norway, where groups of persons meet on the Sabbath after church spiritual nourishment, to read the Bible and other service, which in too many cases furnishes but poor good books. But New-Jersey. He succeeded in building up | Synod of New-York and Philadelphia, the seven churches, and from that time Pres-highest ecclesiastical body among the Pres.byterianism made very considerable prog-byterians of America at that time, addressress in Eastern Virginia; so that, when ed to their churches a very judicious and the war of the Revolution began, the Pres- patriotic letter, which, while it displayed a bytery of Hanover in that colony was a firm spirit of loyalty towards the governnumerous body, and comprehended some ment of England, evidently and naturally very able and eloquent ministers. The sympathized with the contest then begun— Scotch and Irish Presbyterians were at the a contest which it was thought could not same time increasing in the western part be abandoned without the sacrifice of their of the province. The Baptist congrega- dearest rights. Few persons supposed at tions increased even more rapidly. Still, that time that the struggle was to end in a it was not always easy to avoid suffering separation from the mother-country. from the interference of the civil authori- when, in the following year, the Congress ties. The Act of Toleration, passed in issued its Declaration of Independence, the England on the 28th of June, 1687, extended whole face of matters was changed, and unquestionably to the colonies, yet not a ministers of the Gospel had to make their few obstacles continued to be thrown in the election-whether they would recognise way of dissenters, almost down to the open- and obey the act of the Congress, or still ing scenes of the Revolutionary drama. adhere to the sovereignty of England. Then it was that the first body of clergy of any denomination in America that openly recognised that act, and thereby identified themselves with the cause of freedom and independence, was the comparatively numerous and very influential Presbytery of Hanover in Virginia. At its first meeting after the appearance of the Declaration, that body addressed the Virginia House of Assembly in a memorial, recommending the separation of Church and State, and the leaving of the support of the Gospel to the voluntary efforts of its friends. The memorial runs as follows: When the Revolution came at last, the Baptists and Presbyterians were, almost to a man, in its favour; and many of these, but especially of the former, whose preachers had suffered by far the most from the civil authorities in the earlier part of the century, at the instigation, as they believed, whether justly or unjustly, of the clergy of the Established Church, were not a little influenced in the course they then adopted by the hope of seeing the success of the Revolution lead to the overthrow of an establishment which they regarded with feelings of repugnance, and even of hostility. In these circumstances, it was to be expected that before the Revolution had made much progress, an assault would be made on the Established Church; such an assault was made, and not without success. As the history of this matter is not a little interesting, and almost quite unknown in Europe, I may enter upon it at some length. A very general impression prevails in England, and perhaps elsewhere, that the entire separation of Church and State in America was the work of Mr. Jefferson, the third President of the United States, who took a distinguished part in the struggle, and who, upon being charged with drawing up the Declaration of Independence, executed the task so much to the satisfaction of his fellow-citizens. Now none of Mr. Jefferson's admirers will consider it slanderous to assert that he was a very bitter enemy to Christianity, and we may even assume that he wished to see not only the Episcopal Church separated from the State in Virginia, but the utter >overthrow of everything in the shape of a church throughout the country. Still, it was not Jefferson that induced the State of Virginia to pass the Act of Separation. That must be ascribed to the petitions and other efforts of the Presbyterians and Baptists. 66 To the Honourable the General Assembly of Virginia. The memorial of the Presbytery of Hanover humbly represents : That your memorialists are governed by the same sentiments which have inspired the United States of America, and are de-` termined that nothing in our power and influence shall be wanting to give success to their common cause. We would also represent that dissenters from the Church of England in this country have ever been desirous to conduct themselves as peaceable members of the civil government, for which reason they have hitherto submitted to various ecclesiastical burdens and restrictions that are inconsistent with equal liberty. But now, when the many and grievous oppressions of our mother-coun try have laid this Continent under the necessity of casting off the yoke of tyranny, and of forming independent governments upon equitable and liberal foundations, we flatter ourselves that we shall be freed from all the encumbrances which a spirit of domination, prejudice, or bigotry has interwoven with most other political systems. This we are the more strongly encouraged to expect by the Declaration of Rights, so universally applauded for that dignity, firmness, and precision with which it delineates and asserts the privileges of society, and the prerogatives of human nature; and which we embrace as the V Magna Charta of our commonwealth, that sequently, the progress of arts, sciences, "It is well known that in the frontier counties, which are justly supposed to contain a fifth part of the inhabitants of Virginia, the dissenters have borne the heavy burdens of purchasing glebes, building churches, and supporting the established clergy, where there are very few Episcopalians, either to assist in bearing the expense, or to reap the advantage; and that throughout the other parts of the country there are also many thousands of zealous friends and defenders of our State, who, besides the invidious and disadvantageous restrictions to which they have been subjected, annually pay large taxes to support an Establishment from which their consciences and principles oblige them to dissent; all which are confessedly so many violations of their natural rights, and, in their consequences, a restraint upon freedom of inquiry and private judgment. growth and improvement of the Northern provinces compared with this. No one can deny that the more early settlement, and the many superior advantages of our country, would have invited multitudes of artificers, mechanics, and other useful members of society, to fix their habitation among us, who have either remained in their place of nativity, or preferred worse civil governments, and a more barren soil, where they might enjoy the rights of conscience more fully than they had a prospect of doing in this. From which we infer that Virginia might have now been the capital of America, and a match for the British arms, without depending on others for the necessaries of war, had it not been prevented by her religious establishment. We "Neither can it be made to appear that the Gospel needs any such civil aid. rather conceive that, when our blessed Saviour declares his kingdom is not of this world, he renounces all dependance upon state power; and as his weapons are spiritual, and were only designed to have influence on the judgment and heart of man, we are persuaded that if mankind were left in the quiet possession of their inalienable religious privileges, Christianity, as in the days of the Apostles, would continue to prevail and flourish in the greatest purity by its own native excellence, and under the all-disposing providence of God. "We would also humbly represent, that the only proper objects of civil government are the happiness and protection of men in the present state of existence; the security of the life, liberty, and property of the citizens, and to restrain the vicious and encourage the virtuous by wholesome laws, equally extending to every individual; but that the duty which we owe to our Creator, and the manner of discharging it, can only be directed by reason and conviction, and is nowhere cognizable but at the tribunal of the universal Judge. "In this enlightened age, and in a land where all of every denomination are united in the most strenuous efforts to be free, we hope and expect that our representatives will cheerfully concur in removing every species of religious as well as civil bondage. Certain it is, that every argument for civil liberty gains additional strength when applied to liberty in the concerns of religion; and there is no argument in favour of establishing the Christian religion but may be pleaded, with equal propriety, for establishing the tenets of Mohammed by "Therefore, we ask no ecclesiastical esthose who believe the Alcoran; or, if this tablishments for ourselves; neither can be not true, it is at least impossible for the we approve of them when granted to othmagistrate to adjudge the right of prefer-ers. This, indeed, would be giving excluence among the various sects that profess the Christian faith, without erecting a claim to infallibility, which would lead us back to the Church of Rome. "We beg leave farther to represent, that religious establishments are highly injurious to the temporal interests of any community. Without insisting upon the ambition and the arbitrary practices of those who are favoured by government, or the intriguing, seditious spirit which is commonly excited by this, as well as by every other kind of oppression, such establishments greatly retard population, and, con sive or separate emoluments or privileges to one set of men, without any special public services, to the common reproach and injury of every other denomination. And, for the reasons recited, we are induced earnestly to entreat that all laws now in force in this commonwealth, which countenance religious domination, may be speedily repealed; that all, of every religious sect, may be protected in the full exercise of their several modes of worship; exempted from all taxes for the support of any Church whatsoever, farther than what may be agreeable to their own And, private choice or voluntary obligation. be no establishment, the peace of the comThis being done, all partial and invidious munity would be destroyed by the jealoudistinctions will be abolished, to the great sies and contentions of rival sects. honour and interest of the State, and every finally, the memorialists prayed that the one be left to stand or fall according to his matter might be referred, in the last resort, merit, which can never be the case so long to the people at large, as they had the best as any one denomination is established in of reasons for believing that a majority of preference to others. the citizens would be in favour of continu "That the great Sovereign of the uni-ing the establishment. verse may inspire you with unanimity, wisdom, and resolution, and bring you to a just determination on all the important concerns before you, is the fervent prayer of your memorialists." From this it would seem that, in the conviction of these memorialists, a majority of the population of Virginia were Episcopalians; yet it was confidently maintained in other quarters that two thirds of Besides this petition from the Presbytery the people were at that time dissenters. of Hanover, there were others from the I am inclined to think that the greater part Baptists and Quakers. The Baptists had professed, or favoured Episcopacy, but that suffered more than any other class of dis- a decided majority was opposed to its civil senters, and the remembrance of their establishment. The memorials led to a wrongs, now that their day of power had long and earnest discussion. The Church come, stimulated them to an uninterrupted had for her champions Messrs. Pendleton opposition of seven-and-twenty years to and R. C. Nicolas, and for her great oppothe Established Church. Indeed, they now nent Mr. Jefferson, who speaks of the contook the lead in opposing its claims. In test as the severest in which he was ever 1775 they presented to the General As- engaged.* After discussing the subject for sembly an address, composed by members nearly two months, the Assembly repealed who had spontaneously convened, in which all the colonial laws attaching criminality they petitioned, "that they might be al- to the profession of any particular reli-✓ lowed to worship God in their own way, gious opinions, requiring attendance at the without interruption; to maintain their own parish churches, and forbidding attendance ministers, separate from others; and to be elsewhere, with the penalties attached married, buried, &c., without paying the thereto. Dissenters were to be exempted clergy of other denominations."* To this in future from compulsory contributions the Assembly returned a complimentary in support of the Episcopal Church. The answer, and an order was made that the clergy, however, were to have their stisectarian clergy should have the privilege pends continued until the first day in the of performing Divine service to their re- ensuing year, and had all arrears secured spective adherents in the army, equally to them. The churches, chapels, glebes, with the regular chaplains of the Estab- books, plate, &c., belonging to the Epislished Church.t copal Church, were to remain in its posThe above memorial from the Presby- session. This law was passed on the 5th terians, and petitions from the Baptists, of December, 1776. The question of havQuakers, and others opposed to the Estab-ing a general assessment for the support of lished Church, were met by counter-me-religion was at the same time discussed, morials from the Episcopalians and Meth- but the determination of it was put off to odists, appealing on behalf of the Estab- a future day. lishment to the principles of justice, wis- In the course of 1777 and 1778, petitions dom, and policy. Public faith, it was said, and counter-petitions continued to be adrequired that the State should abide by its dressed to the Legislature on the subject engagements; and that a system of such of religion. Some of the petitions prayed old standing, and which involved so many for the preservation of all that remained interests on the part of persons who had of the Establishment; others advocated a staked their all upon its continued exist- general assessment for the support of all ence, possessed the nature of a vested denominations; others opposed that sugright, and ought to be maintained inviolate. gestion. Some, again, called for the supThe wisdom of this course was argued pression by law of the irregularities of the from the past experience of all Christian" sectaries," such as their holding meetlands, and from the influence of religious establishments in giving stability to virtue and the public happiness. Policy required it, for it was insisted that, were there to * Semple's "History of the Baptists in Virginia," p. 25-27, 62. + Burk's "History of Virginia," p. 59. This was not difficult, for church establishments had existed throughout Christendom since the days of Constantine. ings by night, and craved that none but "licensed preachers" should be allowed to conduct the public worship of God. Among the memorials was one from the Presbytery of Hanover, opposing the plan of a general assessment. After reverting to the principles laid down in their first petition, and insisting that the only proper ob* Jefferson's Works, vol. i., p. 32. † Hening's "Statutes of Virginia," p. 34. |