In which The Legendary reminds our leaders of our federal government's historical aloofness from matters of a spiritual nature and the reasons thereof...
It is, quite simply, a matter far too important to be left
to the ministrations of some silly government, this matter of the individual's spiritual approach and moral posture in the presence of his Creator.
I have two reasons and they are to be found in the preamble to the Virginia Religious Freedom Act authored by Thomas Jefferson and the Memorial and Remonstrance authored by James Madison against the appointment of any particular church as an agency of the government.
This is a letter of veto President Madison wrote to Congress in 1811:
Veto Message to Congress
February 21st 1811
Having examined and considered the Bill, entitled "An Act incorporating the protestant Episcopal Church in the Town of Alexandria in the District of Columbia," I now return the Bill to the House of Representatives, in which it originated, with the following objections.
Because the Bill exceeds the rightful authority, to which Governments are limited by the essential distinction between Civil and Religious functions, and violates, in particular, the Article of the Constitution of the United States which declares, that "Congress shall make no law respecting a Religious establishment." The Bill enacts into, and establishes by law, sundry rules and proceedings relative purely to the organization and polity of the Church incorporated, and comprehending even the election and removal of the Minister of the same, so that no change could be made therein, by the particular Society, or by the General Church of which it is a member, and whose authority it recognizes. This particular Church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration...
Because the Bill vests in the said incorporated Church, an authority to provide for the support of the poor, and the education of poor children of the same, an authority, which being altogether superfluous if the provision is to be the result of pious charity, would be a precident for giving to religious Societies as such, a legal agency in carrying into effect a public and civil duty.
This is the Virginia Religious Freedom Act:
The Virginia Act For Establishing Religious Freedom
Thomas Jefferson, 1786
Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of 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, and is withdrawing from the ministry those temporal rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors for the instruction of mankind; that our civil rights have no dependence on our religious opinions, more than 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 the 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 it tends also to corrupt the principles of that
very religion it is meant to encourage, by bribing, with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; 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 the 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 acts against peace and good order; and finally, that truth is great and will prevail if
left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them.
Be it therefore 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 opinions in matters of religion, and that the same shall in nowise diminish, enlarge, or affect their civil capacities...
This is a portion of James Madison's Memorial and Remonstrance:
Memorial and Remonstrance Against Religious Assessments
James Madison
To the Honorable the General Assembly of the Commonwealth of Virginia A Memorial
and Remonstrance Against Religious Assessments
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...
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...
It is, quite simply, a matter far too important to be left
to the ministrations of some silly government, this matter of the individual's spiritual approach and moral posture in the presence of his Creator.
I have two reasons and they are to be found in the preamble to the Virginia Religious Freedom Act authored by Thomas Jefferson and the Memorial and Remonstrance authored by James Madison against the appointment of any particular church as an agency of the government.
This is a letter of veto President Madison wrote to Congress in 1811:
Veto Message to Congress
February 21st 1811
Having examined and considered the Bill, entitled "An Act incorporating the protestant Episcopal Church in the Town of Alexandria in the District of Columbia," I now return the Bill to the House of Representatives, in which it originated, with the following objections.
Because the Bill exceeds the rightful authority, to which Governments are limited by the essential distinction between Civil and Religious functions, and violates, in particular, the Article of the Constitution of the United States which declares, that "Congress shall make no law respecting a Religious establishment." The Bill enacts into, and establishes by law, sundry rules and proceedings relative purely to the organization and polity of the Church incorporated, and comprehending even the election and removal of the Minister of the same, so that no change could be made therein, by the particular Society, or by the General Church of which it is a member, and whose authority it recognizes. This particular Church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration...
Because the Bill vests in the said incorporated Church, an authority to provide for the support of the poor, and the education of poor children of the same, an authority, which being altogether superfluous if the provision is to be the result of pious charity, would be a precident for giving to religious Societies as such, a legal agency in carrying into effect a public and civil duty.
This is the Virginia Religious Freedom Act:
The Virginia Act For Establishing Religious Freedom
Thomas Jefferson, 1786
Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of 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, and is withdrawing from the ministry those temporal rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors for the instruction of mankind; that our civil rights have no dependence on our religious opinions, more than 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 the 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 it tends also to corrupt the principles of that
very religion it is meant to encourage, by bribing, with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; 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 the 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 acts against peace and good order; and finally, that truth is great and will prevail if
left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them.
Be it therefore 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 opinions in matters of religion, and that the same shall in nowise diminish, enlarge, or affect their civil capacities...
This is a portion of James Madison's Memorial and Remonstrance:
Memorial and Remonstrance Against Religious Assessments
James Madison
To the Honorable the General Assembly of the Commonwealth of Virginia A Memorial
and Remonstrance Against Religious Assessments
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...
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...
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