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The American Republic


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of religion. When this is effected, he will say to the kings and great men of the earth, “Now see what I can do; ye have been afraid to leave the church and gospel in my hands alone, without steadying the ark by human law; but now I have taken the power and kingdom to myself, and will work for my own glory.” Here let me add, that in the southern states, where there has been the greatest freedom from religious oppression, where liberty of conscience is entirely enjoyed, there has been the greatest revival of religion; which is another proof that true religion can and will prevail best where it is left entirely to Christ.

       THOMAS JEFFERSON January 1, 1802

      Jefferson’s letter to the Danbury Baptist Association expresses the belief that religious and public life should be kept strictly separate. In the letter, Jefferson articulates only one of several American views on the proper relationship between religion and politics.

      Letter to the Danbury Baptist Association

       To Messrs. Nehemiah Dodge, Ephram Robbins, and Stephen S. Nelson, a Committee of the Danbury Baptist Association, in the State of Connecticut

      January 1, 1802

      Gentlemen,—The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist Association, give me the highest satisfaction. My duties dictate a faithful and zealous pursuit of the interests of my constituents, and in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

      Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

      I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association, assurances of my high respect and esteem.

      Immigrants to America brought with them a long tradition of chartered rights. In determining the limits of political authority, they looked to a rich history, encapsulated in several important documents, of social and political custom. From Magna Charta, or the “Great Charter,” of 1215 through the English Bill of Rights, Englishmen had won successive victories in their battles (sometimes literally fought with fire and sword) to limit their king’s ability to imprison subjects indefinitely without trial, try subjects in arbitrary ways, quarter troops in subjects’ homes, and otherwise do as he wished with those whom he ruled.

      The colonists ruled themselves under their own charters, or grants from the king. These charters gave them certain rights and reserved others for the king, his ministers, or other governing persons or bodies (for example, a proprietary or royal governor). Americans believed that these charters established their rights, as English subjects, to all the other rights derived from Magna Charta. The king and parliament of Great Britain did not accept this view. The result was a long history of tension between colonials and the government in the mother country. It was during this time of tension that Americans developed a distinctive reading of their history and their rights as English subjects and human beings.

       1215

      Magna Charta was the result of victory on the battlefield by barons (local lords) opposed to England’s King John. Negotiated in the days following the battle at Runnemede, it was no theoretical document. It lists numerous specific, customary rights that the barons asserted they had held from time immemorial, but that John had violated. Among these were the rights to be taxed only at certain times and under certain conditions, and to be tried by a jury of one’s peers. Following the preamble, Magna Charta begins by outlining the rights of the church. John had fought, as had many kings before him, to reserve for himself the right to appoint bishops. The Catholic Church and other opponents of unlimited royal power responded that the servants of God must be independent from service to the temporal authority.

      Magna Charta

      The great charter of King John, granted June 15, A.D. 1215. John, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitaine, and Count of Anjou, to his Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Governors, Officers, and to all Bailiffs, and his faithful subjects, greeting. Know ye, that we, in the presence of God, and for the salvation of our soul, and the souls of all our ancestors and heirs, and unto the honour of God and the advancement of Holy Church, and amendment of our Realm, by advice of our venerable Fathers, Stephen, Archbishop of Canterbury, Primate of all England and Cardinal of the Holy Roman Church; Henry, Archbishop of Dublin; William, of London; Peter, of Winchester; Jocelin, of Bath and Glastonbury; Hugh, of Lincoln; Walter, of Worcester; William, of Coventry; Benedict, of Rochester—Bishops: of Master Pandulph, Sub-Deacon and Familiar of our Lord the Pope; Brother Aymeric, Master of the Knights-Templar in England; and the noble Persons, William Marescall, Earl of Pembroke; William, Earl of Salisbury; William, Earl of Warren; William, Earl of Arundel; Alan de Galloway, Constable of Scotland; Warin Fitz Gerald, Peter Fitz Herbert, and Hubert de Burgh, Seneschal of Poitou; Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip of Albiney, Robert de Roppell, John Mareschal, John Fitz Hugh, and others, our liegemen, have, in the first place, granted to God, and by this our present Charter confirmed, for us and our heirs for ever:

      1. Rights of the church. That the Church of England shall be free, and have her whole rights, and her liberties inviolable; and we will have them so observed that it may appear thence that the freedom of elections, which is reckoned chief and indispensable to the English Church, and which we granted and confirmed by our Charter, and obtained the confirmation of the same from our Lord and Pope Innocent III, before the discord between us and our barons, was granted of mere free will; which Charter we shall observe, and we do will it to be faithfully observed by our heirs for ever.

      2. Grant of liberty to freemen. We also have granted to all the freemen of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever: If any of our earls, or barons, or others, who hold of us in chief by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief—that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds; the heir or heirs of a baron, for a whole barony, by a hundred pounds; their heir or heirs of a knight, for a whole knight’s fee, by a hundred shillings at most; and whoever oweth less shall give less according to the ancient custom of fees. …

      12. No tax (scutage) except by the general council. No scutage or aid shall be imposed in our kingdom, unless by the general council of our kingdom; except for ransoming our person, making our eldest son a knight, and once for marrying our eldest daughter; and for these there shall be paid no more than a reasonable aid. In like manner it shall be concerning the aids of the City of London.

      

      13. Liberties of London and other towns. And the City of London shall have all its ancient liberties and free customs, as well by land