"Statue

men, has been felt throughout the world. The free institutions established by them have made the name "America" a synonym of “liberty." The famous Barute to Amer tholdi "Statue of Liberty," presented to America by France, is a fitting tribute to the Utopia of nations.

of Liberty

a fitting trib

ica.

American institutions.

America

the first to free herself

from super. stition.

The world has marked with astonishment the unprecedented advancement of American institutions, founded, as they are, upon theories more in accordance with the principles of absolute civil and religious liberty theories which, previous to the establishment of American institutions, had existed only in the schools of philosophy - theories evidently deducible from the principles of abstract justice and incontrovertible logic, but which had never had practical application.

A new nation, proud of Anglican liberty,- proud of our English political philosophers and statesmen of the past few centuries, who have so manfully asserted human rights,-- proud of insuring to the minority their rights, was the first to free itself from the superstitious ideas which had made governments restrict or entirely disregard the rights which

Theories

of the schools of philosophy. A vain prophecy.

Influence of Rhode Island's free institutions.

secular concerns.

The theories of freedom in church and state taught in the schools of philosophy in Europe, were here brought into practice in the government of a small community. It was prophesied that the democratic attempts to obtain universal suffrage, a general elective franchise, annual parliaments, entire religious freedom, and the Miltonian right of schism, would be of short duration. But these institutions have not only maintained themselves here, but have spread over the whole Union. They have superseded the aristocratic commencements of Carolina and New York, the high-church party in Virginia, the theocracy in Massachusetts, and the monarchy throughout America; they have given laws to one quarter of the globe; and, dreaded for their moral influence, they stand in the background of every democratic struggle in Europe."

of govern.

ments.

they were instituted to protect. In striking contrast Contrast with the older governments, America has stood before an astonished world as a refuge for the persecuted, a home for the oppressed, the land of the free. Shall these institutions which have thus benefited humanity be supplanted in this enlightened age by stitutions be the church-and-state dogmas of past centuries?

It is true that some of the States have never given up the idea that religion and the state must have some legal connection. But, in contrast with this,

1 Bancroft very justly says:

Shall American in

maintained?

Some States still retain unAmerican ideas.

Right of individuality.

Divine assertion of

Motive our political underlying system.

Relics of church and

state.

"Vindicating the right of individuality even in religion, and in religion above all, the new nation dared to set the example of accepting in its relations to God the principle first divinely ordained in Judea. It left the management of temporal things to the temporal power; but the American Constitution, in harmony with the people liberty. of the several States, withheld from the federal government the power to invade the home of reason, the citadel of conscience, the sanctuary of the soul; and, not from indifference, but that the infinite spirit of eternal truth might move in its freedom and purity and power." History of the Formation of the Constitution," book v, chapter 1. 2 In Pennsylvania, North Carolina, South Carolina, Arkansas, Mississippi, Tennessee, and Maryland all persons who deny the existence of a Supreme Being, and in Pennsylvania and Tennessee, those who deny a future state of rewards and punishments," are excluded, by Constitutional provision, from holding public office. See Part V of this work, and Cooley's Constitutional Limitations," fifth edition, page 197, note. The Constitutions of Ohio, North Carolina, and Arkansas declare that "religion, morality, and knowledge" are essential to good government." The Constitution of New Hampshire still authorizes the State Legislature to "make adequate provision . . . for the support and maintenance of public Protestant teachers of piety, religion, and morality;" and that of Vermont declares that every sect or denomination of Christians ought to observe the Sabbath, or Lord's day, and keep up some sort of religious worship." The Constitution of Delaware asserts that "it is the duty of all men frequently to assemble together for the public worship of Almighty God;" and that of Connecticut, while providing that no person shall by law be compelled to join or support any congregation, church, or religious association, says that every person now belonging to such congregation, church, or religious association, shall remain a member

Sabbath observance and public worship de

clared to be duties.

Churchmembership

regulated.

Four State Constitutions declare for " toleration."

Early colo nial religious laws not representative of true American idea of liberty.

What American principles are.

our national government declares for absolute separation of church and state, its Constitution forbidding religious tests being made as a qualification for office under the government, and prohibiting Congress from making any law "respecting an establishment of religion, or prohibiting the free exercise thereof." The

thereof until he shall have separated himself therefrom, in the manner herein provided." Massachusetts declares it to be the right and "the duty of all men in society, publicly and at stated seasons, to worship the Supreme Being." The Constitutions of North Dakota, Washington, and Wyoming, adopted in 1889, and that of Oklahoma, adopted as late as 1907, provide that "perfect toleration of religious sentiment shall be secured." Not religious toleration, but religious liberty, is the true American idea regarding freedom in matters of religion. Toleration implies an established religion. A thorough application of the true principle of religious liberty would rid these Constitutions of these inconsistencies, and repeal every Sunday law now on the statute books of every State in the Union having such laws.

The early colonial laws and documents, especially, contain numerous provisions against heretics, infidels, and dissenting sects. They also abound in recognitions of God, the Trinity, and the like, and provide for the punishment of persons daring to speak or act contrary to the prevalent ideas on the subject of religion. Present-day writers, and even judges, sometimes refer to these laws and documents as declarative of "American" principles. One might as well point to the "Star Chamber" as an institution of Anglican liberty, or to slavery and the "Dred Scott" decision as proper samples of American liberty, as to cite these early colonial enactments as correctly representing the true American principles of liberty. These laws were the result of erroneous ideas brought over by the colonists from the Old World.

Nothing is more evident than that the American idea of liberty -the equal rights characteristic of our institutions is absolutely incompatible with the forfeiture of property because one may refuse to go to church or to observe a day which certain other persons consider sacred; or with the hanging of Quakers, the lashing of women with bared backs through the streets in midwinter, or with the banishment of such men as Roger Williams-all on account of exercising their God-given rights in matters of conscience. American principles are the principles that frowned down that religious bigotry and intolerance which had held the world captive for ages.

Foundation of American

government.

All equally

American government is founded upon human rights, Foun upon the rights given to every man by his Creator, upon the inalienable rights of life, liberty, and the free exercise of one's faculties. Pagan and Mahometan, Gnostic and Agnostic, Jew and Gentile, Catholic entitled to and Protestant, are all entitled to the unrestricted exercise of their equal rights, and to an impartial protection by the government in such exercise.1 These are the principles characteristic of American institu

American principles are the principles that have made even such religious laws as still remain on our statute books, for the most part, dead letters. American principles are the principles that say to the unbeliever, You have as much right to your opinion as the believer has to his; that say to the believer in other religions, You have as much right to speak against the Christian religion in which you do not believe as the Christian has to speak against a religion in which he does not believe; that say to the Sabbatarian, You have as much right to work on Sunday as the Sunday-keeper has to work on Saturday; or, as Herbert Spencer says, every man has the right to "the fullest liberty to exercise his faculties compatible with the exercise of like liberty by every other man "-a more exact and philosophical statement of the self-evident truth expressed in the Declaration of Independence, that All men are created equal."

1 The celebrated 'Sunday Mail Report" adopted by the United States Senate in 1829, gave expression to this doctrine in the following language:

the exercise of their

rights.

Province

ernment.

"It is not the legitimate province of the legislature to determine what religion is true, or what false. Our government is a civil and of gov. not a religious institution. Our Constitution recognizes in every person the right to choose his own religion, and to enjoy it freely, without molestation. Whatever may be the religious sentiments of citizens, and however variant, they are alike entitled to protection from the government, so long as they do not invade the rights of others." See page 237.

The "Sunday Mail Report," adopted by the House of Representatives in 1830, also declared:

'The Constitution regards the conscience of the Jew as sacred as that of the Christian, and gives no more authority to adopt a measure affecting the conscience of a single individual than of a whole community." See page 254.

Rights of individuals.

Jews have same rights as Christians.

"Liberty enlightening the world.'

Effect of retrograda

tion.

Object of this work.

American liberty a division of Anglican liberty.

Anglican institutions.

Distinctive American institutions.

tions; these were the principles of the founders of our government; these are the principles of American liberty, and the ideals of American and Anglican philosophy.1

As an outgrowth of these principles, we have in America "Liberty enlightening the world." But this liberty will exist only in name if we enact and enforce laws that are contrary to these principles and to our constitutional rights, and unworthy a free and enlightened people.

abso

It is to set forth the true American idea lute separation of religion from the state - absolute freedom for all in religious opinions and worship that these Papers have been collected and republished.

The reader will find in this work a large number of most interesting and important state documents on this question. Part I deals with the "Colonial Period." In this, samples are given of the erroneous

1 Burke, in his famous speech on Conciliation with America." attributed the American spirit to the fact that the colonists were of English descent, and therefore not only devoted to liberty, but to liberty according to English ideas, and on English principles."

Francis Lieber, in his work "On Civil Liberty and Self-Government" (London, 1853), page 214, says: American liberty belongs to the great division of Anglican liberty [contradistinguished from Gallican liberty]. It is founded upon the checks, guarantees, and self-government of the Anglican tribe. The trial by jury, the representative government, the common law, self-taxation, the supremacy of the law, publicity, the submission of the army to the legislature, and whatever else has been enumerated, form part and parcel of our liberty. There are, however, features and guarantees which are peculiar to ourselves, and which, therefore, we may say constitute American liberty. They may be summed up, perhaps, under these heads: Republican federalism, strict separation of the state from the church, greater equality and acknowledgment of abstract right in the citizen, and a more popular or democratic cast of the whole polity."