religion is clerical influence. Rulers, being persuaded by the clergy that an establishment of religion by human laws would promote the knowledge of the gospel, quell religious disputes, prevent heresy, produce uniformity, and finally be advantageous to the state, establish such creeds as are framed by the clergy; and this they often do the more readily when they are flattered by the clergy that if they thus defend the truth they will become nursing fathers to the church and merit something considerable for themselves.
What stimulates the clergy to recommend this mode of reasoning is,
1. Ignorance—not being able to confute error by fair argument.
2. Indolence—not being willing to spend any time to confute the heretical.
3. But chiefly covetousness, to get money—for it may be observed that in all these establishments settled salaries for the clergy recoverable by law are sure to be interwoven; and was not this the case, I am well convinced that there would not be many if any religious establishments in the christian world.
Having made the foregoing remarks, I shall next make some observations on the religion of Connecticut.
If the citizens of this state have any thing in existence that looks like a religious establishment, they ought to be very cautious; for being but a small part of the world they can never expect to extend their religion over the whole of it, without it is so well founded that it cannot be confuted.
If one third part of the face of the globe is allowed to be seas, the earthy parts would compose 4550 such states as Connecticut. The American empire would afford above 200 of them. And as there is no religion in this empire of the same stamp of the Connecticut standing order, upon the Saybrook platform, they may expect 199 against 1 at home, and 4549 against 1 abroad.
Connecticut and New-Haven were separate governments till the reign of Charles II when they were incorporated together by a charter, which charter is still considered by some as the basis of government.
At present (1791) there are in the state about 168 presbyterial, congregational and consociated preachers, 35 baptists, 20 episcopalians, 10 separate congregationals, and a few of other denominations. The first are the standing order of Connecticut, to whom all others have to pay obeisance. Societies of the standing order are established by law; none have right to vote therein but men of age who possess property to the amount of 40l, or are in full communion in the church. Their choice of ministers is by major vote; and what the society agree to give him annually is levied upon all within the limits of the society-bounds, except they bring a certificate to the clerk of the society that they attend worship elsewhere and contribute to the satisfaction of the society where they attend. The money being levied on the people is distrainable by law, and perpetually binding on the society till the minister is dismissed by a council or by death from his charge.
It is not my intention to give a detail of all the tumults, oppression, fines and imprisonments, that have heretofore been occasioned by this law-religion. These things are partly dead and buried, and if they do not rise of themselves let them sleep peaceably in the dust forever. Let it suffice on this head to say, that it is not possible in the nature of things to establish religion by human laws without perverting the design of civil law and oppressing the people.
The certificate that a dissenter produces to the society clerk (1784) must be signed by some officer of the dissenting church, and such church must be protestant-christian, for heathens, deists, Jews and papists, are not indulged in the certificate law; all of them, as well as Turks, must therefore be taxed to the standing order, although they never go among them or know where the meeting-house is.
This certificate law is founded on this principle, “that it is the duty of all persons to support the gospel and the worship of God.” Is this principle founded in justice? Is it the duty of a deist to support that which he believes to be a threat and imposition? Is it the duty of a Jew to support the religion of Jesus Christ, when he really believes that he was an impostor? Must the papists be forced to pay men for preaching down the supremacy of the pope, whom they are sure is the head of the church? Must a Turk maintain a religion opposed to the alcoran, which he holds as the sacred oracles of heaven? These things want better confirmation. If we suppose that it is the duty of all these to support the protestant christian religion, as being the best religion in the world—yet how comes it to pass that human legislatures have right to force them so to do? I now call for an instance where Jesus Christ, the author of his religion, or the apostles, who were divinely inspired, ever gave orders to or intimated that the civil powers on earth ought to force people to observe the rules and doctrine of the gospel.
Mahomet called in the use of law and sword to convert people to his religion; but Jesus did not, does not.
It is the duty of men to love God with all their hearts, and their neighbors as themselves; but have legislatures authority to punish men if they do not? So there are many things that Jesus and the apostles taught that men ought to obey which yet the civil law has no concerns in.
That it is the duty of men who are taught in the word to communicate to the teacher is beyond controversy, but that it is the province of the civil law to force men to do so is denied.
The charter of Charles II is supposed to be the basis of government in Connecticut; and I request any gentleman to point out a single clause in that charter which authorises the legislature to make any religious laws, establish any religion, or force people to build meeting-houses or pay preachers. If there is no constitutional clause, it follows that the laws are usurpasive in the legislators and not binding on the people. I shall here add, that if the legislature of Connecticut have authority to establish the religion which they prefer to all religions, and force men to support it, then every legislature or legislator has the same authority; and if this be true, the separation of the christians from the pagans, the departure of the protestants from the papists, and the dissention of the presbyterians from the church of England, were all schisms of a criminal nature; and all the persecution that they have met with is the just effect of their stubbornness.
The certificate law supposes, 1. That the legislature have power to establish a religion: this is false. 2. That they have authority to grant indulgence to non-conformists: this is also false, for religious liberty is a right and not a favor. 3. That the legitimate power of government extends to force people to part with their money for religious purposes. This cannot be proved from the new testament.
The certificate law has lately passed a new modification. Justices of the peace must now examine them; this gives ministers of state a power over religious concerns that the new testament does not. To examine the law part by part would be needless, for the whole of it is wrong.
From what is said this question arises, “Are not contracts with ministers, i.e. between ministers and people, as obligatory as any contracts whatever?” The simple answer is, Yes. Ministers should share the same protection of the law that other men do, and no more. To proscribe them from seats of legislation, &c. is cruel. To indulge them with an exemption from taxes and bearing arms is a tempting emolument. The law should be silent about them; protect them as citizens (not as sacred officers) for the civil law knows no sacred religious officers.
In Rhode-Island, if a congregation of people agree to give a preacher a certain sum of money for preaching the bond is not recoverable by law. *
This law was formed upon a good principle, but, unhappy for the makers of that law, they were incoherent in the superstructure.
The principle of the law is, that the gospel is not to be supported by law; that civil rulers have nothing to do with religion in their civil capacities. What business had they then to make that law? The evil seemed to arise from a blending religious right and religious opinions together. Religious right should be protected to all men, religious opinion to none; i.e. government should confirm the first unto all—the last unto none; each individual having a right to differ from all others in opinion if he is so persuaded. If a number of people in Rhode-Island or elsewhere are of opinion that ministers of the gospel ought to be supported by law, and chuse to be bound by a bond to pay him, government has no just authority to declare that bond illegal; for in so doing they interfere with private contracts, and deny the people the liberty of conscience. If