Memorial and Remonstrance
in response to the Virginia Declaration of Rights
June 20, 1875
Virginia
We the subscribers, citizens of the said Commonwealth, having taken
into serious consideration, a Bill printed by order of the last Session
of General Assembly, entitled "A Bill establishing a provision for
Teachers of the Christian Religion," and conceiving that the same
if finally armed with the sanctions of a law, will be a dangerous
abuse of power, are bound as faithful members of a free State to
remonstrate against it, and to declare the reasons by which we are
determined. We remonstrate against the said Bill,
- Because we hold it for a fundamental and undeniable truth,
"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." 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.
This right is in its nature an unalienable right. It is
unalienable, because the opinions of men, depending only on the
evidence contemplated by their own minds cannot follow the dictates
of other men: It is unalienable also, because what is here a right
towards men, is a duty towards the Creator. It is the duty of
every man to render to the Creator such homage and such only as he
believes to be acceptable to him. This duty is precedent, both in
order of time and in degree of obligation, to the claims of Civil
Society. Before any man can be considerd as a member of Civil
Society, he must be considered as a subject of the Governour of the
Universe: And if a member of Civil Society, do it with a saving of
his allegiance to the Universal Sovereign. We maintain therefore
that in matters of Religion, no man's right is abridged by the
institution of Civil Society and that Religion is wholly exempt
from its cognizance. True it is, that no other rule exists, by
which any question which may divide a Society, can be ultimately
determined, but the will of the majority; but it is also true that
the majority may trespass on the rights of the minority.
- Because Religion be exempt from the authority of the
Society at large, still less can it be subject to that of the
Legislative Body. The latter are but the creatures and vicegerents
of the former. Their jurisdiction is both derivative and limited:
it is limited with regard to the co-ordinate departments, more
necessarily is it limited with regard to the constituents. The
preservation of a free Government requires not merely, that the
metes and bounds which separate each department of power be
invariably maintained; but more especially that neither of them be
suffered to overleap the great Barrier which defends the rights of
the people. The Rulers who are guilty of such an encroachment,
exceed the commission from which they derive their authority, and
are Tyrants. The People who submit to it are governed by laws made
neither by themselves nor by an authority derived from them, and
are slaves.
- Because it is proper to take alarm at the first experiment
on our liberties. We hold this prudent jealousy to be the first
duty of Citizens, and one of the noblest characteristics of the
late Revolution. The free men of America did not wait till usurped
power had strengthened itself by exercise, and entagled the
question in precedents. They saw all the consequences in the
principle, and they avoided the consequences by denying the
principle. We revere this lesson too much soon to forget it. 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 Bill violates the equality which ought to be
the basis of every law, and which is more indispensible, in
proportion as the validity or expediency of any law is more liable
to be impeached. If "all men are by nature equally free and
independent," all men are to be considered as entering into Society
on equal conditions; as relinquishing no more, and therefore
retaining no less, one than another, of their natural rights.
Above all are they to be considered as retaining an "equal title to
the free exercise of Religion according to the dictates of
Conscience." Whilst we assert for ourselves a freedom to embrace,
to profess and to observe the Religion which we believe to be of
divine origin, we cannot deny an equal freedom to those whose minds
have not yet yielded to the evidence which has convinced us. If
this freedom be abused, it is an offence against God, not against
man: To God, therefore, not to man, must an account of it be
rendered. As the Bill violates equality by subjecting some to
peculiar burdens, so it violates the same principle, by granting to
others peculiar exemptions. Are the quakers and Menonists the only
sects who think a compulsive support of their Religions unnecessary
and unwarrantable? can their piety alone be entrusted with the
care of public worship? Ought their Religions to be endowed above
all others with extraordinary privileges by which proselytes may be
enticed from all others? We think too favorably of the justice and
good sense of these demoninations to believe that they either covet
pre-eminences over their fellow citizens or that they will be
seduced by them from the common opposition to the measure.
- Because the Bill implies either that the Civil Magistrate
is a competent Judge of Religious Truth; or that he may employ
Religion as an engine of Civil policy. The first is an arrogant
pretension falsified by the contradictory opinions of Rulers in all
ages, and throughout the world: the second an unhallowed
perversion of the means of salvation.
- Because the establishment proposed by the Bill is not
requisite for the support of the Christian Religion. To say that
it is, is a contradiction to the Christian Religion itself, for
every page of it disavows a dependence on the powers of this 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, and not only
during the period of miraculous aid, but long after it had been
left to its own evidence and the ordinary care of Providence. Nay,
it is a contradiction in terms; for a Religion not invented by
human policy, must have pre-existed and been supported, before it
was established by human policy. It is moreover to weaken in those
who profess this Religion a pious confidence in its innate
excellence and the patronage of its Author; and to foster in those
who still reject it, a suspicion that its friends are too conscious
of its fallacies to trust it to its own merits.
- Because experience witnesseth that eccelsiastical
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. Enquire of
the Teachers of Christianity for the ages in which it appeared in
its greatest lustre; 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. On which Side ought their testimony to have greatest
weight, when for or when against their interest?
- Because the establishment in question is not necessary for
the support of Civil Government. If it be urged as necessary for
the support of Civil Government only as it is a means of supporting
Religion, and it be not necessary for the latter purpose, it cannot
be necessary for the former. If Religion be not within the
cognizance of Civil Government how can its legal establishment be
necessary to Civil Government? What influence in fact have
ecclesiastical establishments had on Civil Society? In some
instances they have been seen to erect a spiritual tyranny on the
ruins of the Civil authority; in many instances they have been seen
upholding the thrones of political tyranny: in no instance have
they been seen the guardians of the liberties of the people.
Rulers who wished to subvert the public liberty, may have found an
established Clergy convenient auxiliaries. A just Government
instituted to secure & perpetuate it needs them not. Such a
Government will be best supported by protecting every Citizen in
the enjoyment of his Religion with the same equal hand which
protects his person and his property; by neither invading the equal
rights of any Sect, nor suffering any Sect to invade those of
another.
- Because the proposed establishment is a departure from the
generous policy, which, offering an Asylum to the persecuted and
oppressed of every Nation and Religion, promised a lustre to our
country, and an accession to the number of its citizens. What a
melancholy mark is the Bill of sudden degeneracy? Instead of
holding forth an Asylum to the persecuted, it is itself a signal of
persecution. It degrades from the equal rank of Citizens all those
whose opinions in Religion do not bend to those of the Legislative
authority. Distant as it may be in its present form from the
Inquisition, it differs from it only in degree. The one is the
first step, the other the last in the career of intolerance. The
maganimous sufferer under this cruel scourge in foreign Regions,
must view the Bill as a Beacon on our Coast, warning him to seek
some other haven, where liberty and philanthrophy in their due
extent, may offer a more certain respose from his Troubles.
- Because it will have a like tendency to banish our
Citizens. The allurements presented by other situations are every
day thinning their number. To superadd a fresh motive to
emigration by revoking the liberty which they now enjoy, would be
the same species of folly which has dishonoured and depopulated
flourishing kingdoms.
- Because it will destroy that moderation and harmony which
the forbearance of our laws to intermeddle with Religion has
produced among its several sects. Torrents of blood have been
split in the old world, by vain attempts of the secular arm, to
extinguish Religious disscord, by proscribing all difference in
Religious opinion. Time has at length revealed the true remedy.
Every relaxation of narrow and rigorous policy, wherever it has
been tried, has been found to assauge the disease. The American
Theatre has exhibited proofs that equal and compleat liberty, if it
does not wholly eradicate it, sufficiently destroys its malignant
influence on the health and prosperity of the State. If with the
salutary effects of this system under our own eyes, we begin to
contract the bounds of Religious freedom, we know no name that will
too severely reproach our folly. At least let warning be taken at
the first fruits of the threatened innovation. The very appearance
of the Bill has transformed "that Christian
forbearance, love and chairty," which of late mutually prevailed,
into animosities and jeolousies, which may not soon be appeased.
What mischiefs may not be dreaded, should this enemy to the public
quiet be armed with the force of a law?
- Because the policy of the Bill is adverse to the
diffusion of the light of Christianity. The first wish of those
who enjoy this precious gift ought to be that it may be imparted to
the whole race of mankind. Compare the number of those who have as
yet received it with the number still remaining under the dominion
of false Religions; and how small is the former! Does the policy
of the Bill tend to lessen the disproportion? No; it at once
discourages those who are strangers to the light of revelation from
coming into the Region of it; and countenances by example the
nations who continue in darkness, in shutting out those who might
convey it to them. Instead of Levelling as far as possible, every
obstacle to the victorious progress of Truth, the Bill with an
ignoble and unchristian timidity would circumscribe it with a wall
of defence against the encroachments of error.
- Because attempts to enforce by legal sanctions, acts
obnoxious to go great a proportion of Citizens, tend to enervate
the laws in general, and to slacken the bands of Society. If it be
difficult to execute any law which is not generally deemed
necessary or salutary, what must be the case, where it is deemed
invalid and dangerous? And what may be the effect of so striking
an example of impotency in the Government, on its general
authority?
- Because a measure of such singular magnitude and delicacy
ought not to be imposed, without the clearest evidence that it is
called for by a majority of citizens, and no satisfactory method is
yet proposed by which the voice of the majority in this case may be
determined, or its influence secured. The people of the respective
counties are indeed requested to signify their opinion respecting
the adoption of the Bill to the next Session of Assembly." But the
representatives or of the Counties will be that of the people. Our
hope is that neither of the former will, after due consideration,
espouse the dangerous principle of the Bill. Should the event
disappoint us, it will still leave us in full confidence, that a
fair appeal to the latter will reverse the sentence against our
liberties.
- Because finally, "the equal right of every citizen to the
free exercise of his Religion according to the dictates of
conscience" is held by the same tenure with all our other rights.
If we recur to its origin, it is equally the gift of nature; if we
weigh its importance, it cannot be less dear to us; if we consult
the "Declaration of those rights which pertain to the good people
of Vriginia, as the basis and foundation of Government," it is
enumerated with equal solemnity, or rather studied emphasis. Either
the, we must say, that the Will of the Legislature is the only
measure of their authority; and that in the plenitude of this
authority, they may sweep away all our fundamental rights; or, that
they are bound to leave this particular right untouched and sacred:
Either we must say, that they may controul the freedom of the
press, may abolish the Trial by Jury, may swallow up the Executive
and Judiciary Powers of the State; nay that they may despoil us of
our very right of suffrage, and erect themselves into an
independent and hereditary Assembly or, we must say, that they have
no authority to enact into the law the Bill under consideration.
We the Subscribers say, that the General Assembly of this
Commonwealth have no such authority: And that no effort may be
omitted on our part against so dangerous an usurpation, we oppose
to it, this remonstrance; earnestly praying, as we are in duty
bound, that the Supreme Lawgiver of the Universe, by illuminating
those to whom it is addressed, may on the one hand, turn their
Councils from every act which would affront his holy prerogative,
or violate the trust committed to them: and on the other, guide
them into every measure which may be worthy of his [blessing, may
re]dound to their own praise, and may establish more firmly the
liberties, the prosperity and the happiness of the Commonweath.
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