CHAPTER VII.--Diamond Cut Diamond.
The purpose of the easy going settler of Virginia in coming to Americawas not to find religious freedom, but to better his financialcondition. He parted from old England with regret; found the same churchin Virginia he had left at home; lived under the same laws and in manyways under the same conditions. He venerated the laws of England andcontributed without grumbling towards the support of the EstablishedChurch under a general taxation system for that purpose; but appeals byhis clergy to curtail privileges granted by acts of toleration arousedno such zeal as was exhibited by his New England non-conformist brotherin his attitude towards Baptist and Quaker.
America was fallow soil for new thought; and the first seed sown wasthat which led to the first constitutional amendment. Sowers of newthought, argued: "You cannot by law control men in their attitude ofmind and heart toward God. Religious freedom must come. It is aninalienable right and cannot be denied. It is useless for the state todisturb itself by enacting rules of regulation." Finally theythreatened: "To obtain this right you will force us to support the newissue of local self-government; and if the two, religious freedom andself-government for the colony join forces, it means war."
So the dissenters, and particularly the Presbyterians, in the firstinstance, contending for religious freedom only, were forced into thenewer controversy to procure the old; and to such an extent were theissues assimilated, that the English correctly attributed the Revolutionto the Presbyterians. Walpole, addressing parliament made the statement:"Cousin America has run away with a Presbyterian parson."
The first act of toleration was passed in 1699. The Act of 1705 providedthat if a person denied the existence of God or the Trinity or thedivine authority of the scriptures or asserted there are more gods thanone; upon conviction of the first offense was deprived of the right tohold an office of trust or emolument; upon the second conviction he wasdenied the right to sue or to inherit property or to act as trustee forany person or estate and was subject to a sentence of three years'imprisonment; his own children could be taken from him and placed inmore orthodox hands; upon the third conviction he was put to death,though this statute was never invoked.
Before 1750 the spirit of the clergy of the English Church had subsidedinto moderation; and the dissenter or non-conformist preacher had grownmore aggressive; though the laws against him were still oppressive.
Rev. Francis MaKemie established the first Presbyterian churches in theVirginia colony. He was forced repeatedly to appear before themagistrates and once before the Governor; and is accredited with havingobtained the first act of toleration in 1699; though Samuel Davies islooked upon as the founder of the Presbyterian Church in Virginia; andto him and Thomas Jefferson, more than to any other men, thanks are duefor services in behalf of religious liberty.
From 1732, dissenters, in the main Presbyterians, began to settle thegreat Valley of Virginia. Within ten years from the establishment of thefirst Presbyterian church there were Presbyterian churches in nine ofthe then few counties; they had also obtained promises from theauthorities not to disturb them in their worship; though this was aprotection guaranteed by the Act of Toleration then in force.
The Presbyterian Synod meeting in Philadelphia in 1738, petitioned theGovernor of Virginia that Presbyterians of the valley might have "thefree enjoyment of their civil and religious liberties." They received afavorable reply; which stimulated the emigration of Presbyterians intothe valley not only from the less liberal colonies but from the OldCountry.
Samuel Davies, protected by compliance with the Act of Tolerance, cameto Virginia when but twenty-three years of age and immediately went towork establishing churches. He appeared before the Virginia committeewhich under a show of compliance with the law, licensed as fewnon-conformist ministers as was possible; and from that body procuredlicenses for several ministers and permits to establish several churchesin new territory. In the General Court of Virginia, where he was forcedto appear; he argued that not only inherently but by the Act ofToleration, applicants for the ministry must be granted the power andplace to preach. In this he was opposed by Peyton Randolph, thenattorney general for the colony, and though he lost the case was said tohave had the better of the argument. He procured from the attorneygeneral of the Mother Country an opinion to the effect that the Englishlaw of Toleration, somewhat broader than the colonial, was applicableto, and the law of, the colony. Eventually his fight procured forPresbyterians a liberal interpretation of the Act.
He was always careful to declare that his opposition was not to theChurch of England but the clergy, expressing himself "as not against thepeculiar rights and ceremonies of the English Church, much less againsttheir excellent articles; but against the general strain of the doctrinedelivered from the pulpit, in which their articles were opposed or notmentioned."
His was a fight, not only for religious liberty, but for the supremacyof Christ in the church, the authenticity of the Bible, equal rightsunder the law for all denominations and individual right to freedom ofconscience.
Because of his work, peace would have prevailed between all confessorsof the Trinity and laws curtailing religious freedom would have beenannulled; had not the Tidewater clergy bestirred themselves and fannedto flame the last expiring embers of intolerance in Virginia.
He died in 1761; at the time head of what is now Princeton University,having succeeded Jonathan Edwards as president.
After Davies' efforts ended, other influences at work ultimately broughtabout the result.
The non-conformists through immigration, natural causes and religiousteachings, grew rapidly in strength and influence and became aggressive.
Presbyterian ministers no longer thought of applying in person at thecapital, Williamsburg, for license and location as required under theAct, but preached the word of God "wherever duty and conscience inspiredthem." This was particularly true in the remoter settlements west of theBlue Ridge.
The French-Indian war was highly favorable to the growth of religiousliberty. The non-conformist frontier settlements stood as a barrier toIndian invasion and bore the brunt of the struggle. Tidewater, Virginia,felt grateful towards the Presbyterians and for that reason was inclinedto give a liberal construction to the Act.
In 1755, just when the colony was feeling most heavily the burdenincident to this war, the clergy of the English Church, who were paidfrom the public treasury, made demand for increased salaries. Thoughbacked by the King, the demand was unpopular and the colonists were slowin complying; whereupon the clergy instituted a test Suit, known as theParsons' case, to recover damages.
Patrick Henry was employed to represent certain citizens in oppositionto the parsons. At the time he was an unknown, ungainly and somewhatdissipated young lawyer. It was his first big case. In the beginning hewas almost too embarrassed to speak, but as he talked he gainedconfidence, until with great eloquence and passion he assailed theclergy and finally the King; declaring that the Burgesses of Virginiawere "the only authority which could give force to the laws for thegovernment of the colony;" one of the first public utterances declaringfor self-government for the colony.
When the case was submitted the jury was peremptorily instructed to findfor the plaintiff; and they did so by awarding damages in the sum of onepenny. It was a great victory for Henry; the beginning of his greatnessand popularity.
The clergy, incensed by the verdict, instituted proceedings forviolations of the Act of Toleration. Under these persecutions andcounter attacks instituted by the non-conformists charging theconformist clergy with habits of dissipation, Toryism and of laying uponthem increased burdens of taxation, the colony was greatly disturbed.
Conformist attacks were chiefly against the Baptists; the Presbyterianshad grown too strong. They charged the Baptists with being followers ofthe German Anabaptists; and predicted horrors similar to those ofMunster.
Three Baptist preachers, James Chiles, John Waller and Lewis Craig, werearrested; but were offered their release if
they would discontinuepreaching. They declined. As they were being carried to prison throughthe streets of Fredericksburg they sang: "Broad is the way that leads todeath;" and while confined, preached to the people who congregatedbeneath the windows of the jail.
They were arraigned for "preaching the gospel contrary to law." PatrickHenry, when he heard the charge arose and said: "What do I hear read?Did I hear an expression that these men whom Your Worships are about totry for misdemeanor are charged with preaching the Gospel of the Son ofGod?"
The result of these persecutions made the conformist clergy yet moreunpopular; more of the people became non-conformists, until theynumerically exceeded the conformists. Then the non-conformists assumedthe role of aggressor; objected to the term dissenter, demanded therepeal of all acts of toleration, religious freedom for all and that theclergy of no sect be paid by general taxation.
Tory influence dominated the conformist clergy; the non-conformistpreachers, advocating religious liberty, quite naturally became thefirst advocates of civil liberty and freedom for the colonies. Thus inthe issue that brought about the Revolution, one side of the religiouscontroversialists favored the colony, the other the king; and by the endof the struggle the conformist or English Church was practicallynon-existent.
Rev. Donald McDonald, going to Williamsburg in the spring of 1772 tolobby against the Bill, "To Regulate His Majesty's Protestant Subjects,"was forced to remain indefinitely. Of necessity he gave up his church inthe valley; and in order to make a living, accepted the call of a smallchurch in Williamsburg.
Here he made the acquaintance of and was vastly aided in his fight forreligious freedom by Patrick Henry, Thomas Jefferson, George Mason,Richard Henry Lee and Edmund Pendleton; three of whom were members andvestrymen of the English Church. Each being members of the Upper Houseof Assembly bore the title of Esquire, which, though now usedindiscriminately, was then a title of great respect.
In the old Bruton Church of Williamsburg, a commemorative tablet isinscribed: "To the glory of God and in memory of the members of thecommittee which drafted the law establishing religious freedom inVirginia; Thomas Jefferson, vestryman of St. Ann's Parish; EdmundPendleton, vestryman of Drysdale Parish; George Wyth, vestryman ofBruton Parish; George Mason, vestryman of Truro Parish; Thomas LudwellLee, vestryman of Overwharton Parish; being all members of thecommittee."
It was George Mason of Gunston Hall, vestryman of Truro Parish, whowrote the Virginia Bill of Rights; and it was copied by Jefferson inpreparing the Declaration of Independence.
In the Virginia Bill of Rights it is declared: "That religion is theduty which we owe to our Creator and the manner of discharging it can bedirected only by reason and conviction, nor by force or violence; andtherefore that all men should enjoy the fullest toleration in theexercise of religion according to the dictates of conscience, unpunishedand unrestrained by the magistrate."
Jefferson has come down as "The father of modern democracy and religioustoleration." It was his bill establishing religious freedom, beginning:"Well aware that Almighty God hath created the mind free; that allattempts to influence it by temporal punishment or burdens or by civilincapacitations, tend only to beget habits of hypocrisy and meanness * **" that Virginia in territory, then an empire, established perfectreligious freedom.
The Bill of the Virginia General Assembly, of December 17, 1785,slightly modified and pushed through by James Madison and Patrick Henry,became the First Amendment to the Constitution of the United States.
Voices; Birth-Marks; The Man and the Elephant Page 13