Fordham University - Maroon Yearbook (New York, NY)

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500 The Fordham Monthly great American ideal,—a free Church in a free state. All the other colonies either had an established Church or prescribed certain religious tests. In Virginia, where the Anglican Church was established as firmly as in England, the agitation for the overthrow of state churches on the American continent was first begun and successfully effected. That great apostle of liberty, Thomas Jefferson, led the fight for the repeal of the obnoxious laws relating to religion. He was ably supported by James Madison and Patrick Henry and, finally, the problem of religious liberty was solved. “Opinion,” said Mr. Jefferson, “is something with which government has nothing to do. . . . it is error alone which needs the support of government; truth can stand by itself.” The action of Virginia in establishing religious liberty, together with the arguments contained in Jefferson’s “Notes on Virginia,” undoubtedly had tremendous weight in the Federal Convention which assembled in May, 1787, in Philadelphia, for the purpose of framing the Constitution. Virginia at that time was one of the most powerful states. Moreover, the statesmen who framed our Constitution knew well the history of other governments. The difficulties of the colonies in religious matters were clearly before them. They determined to found a government in which the greed and selfishness of sects would be curbed, and freedom of opinion allowed to all. They, therefore, enacted that “no religious test shall ever be required as a qualification to any office or public trust under the United States.” A resolution introduced by Pinckney that “The legislature of the United States shall pass no laws on the subject of religion,” failed of adoption. Many were uneasy at this, and, when ratifying the Constitution, three states, New Hampshire, New York and Virginia, urged the adoption of an amendment similar to the rejected proposal. The conventions held in the several states to ratify the Constitution reflected the prevailing opinion on the question of religious tests. Those states which required such tests opposed their exclusion. It was feared by some that the Federal Government “might pass into the hands of Roman Catholics, Jews, or infidels.” It was seriously urged that, as the Constitution stood, the Pope of Rome might become President of the United States, and a pamphlet setting forth that objection was circulated. In the North Carolina Constitutional Convention, James Iredell, who was the leader of the

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Religious Liberty in the United States N 1620 the Puritans landed in Massachusetts. Bravely sacrificing temporal advantages on. the altar of the faith, they braved the dangers and hardship of an unknown land and established a community where they could worship God according to the dictates of their conscience. To them was given a great opportunity. In a world torn by religious strife they could have risen to the height of a great principle,—the principle of religious freedom. But such a broad liberalism was contrary to the spirit of the time. It was an age when intolerance was regarded as a virtue by all sects. To bum or banish heretics was a sacred duty. Heretics, when they secured power, were no less hostile to their former orthodox persecutors. The Puritans were content to rest on the plane of universal bigotry. In 1636 Roger Williams was cited before the General Court of Massachusetts for preaching the doctrine of liberty of conscience. Thus the odium theologicum, the curse of Europe, was introduced on the virgin soil of the new continent. Roger Williams was exiled from Massachusetts, and in midwinter lie journeyed through the primeval forests to Rhode Island, where he unfurled the banner of religious liberty and established a state where he and all men might worship God according to the dictates of their consciences. No such land had previously existed in the wrhole civilized world. Roman Catholics and Quakers were especial objects of persecution in England, and, quite naturally, they turned to the new world as a place of refuge. Lord Baltimore, a devout Catholic, by reason of his high official position, and being in the good graces of James I, succeeded in obtaining a charter for Maryland, which embodied a very broad conception of toleration. The Quakers, likewise, under the leadership of William Penn established religious freedom in the colony of Pennsylvania. In Rhode Island, Maryland, and Pennsylvania therefore was first evidenced the spirit that was to become a

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Religious Liberty in the United States 501 Federalists and was afterward by President Washington appointed a Justice of the Supreme Court, referring to the subject, said: I met by accident with a pamphlet this morning, in which the author states there is a very serious danger that the Pope might be elected President. I confess this never struck me before, and if the author had read all the qualifications of a President, perhaps his fear might have been quieted. No man but a native, or who has resided fourteen years in America, can be chosen President I know not all the qualifications for Pope, but T believe he must be taken from the College of Cardinals, and probably there are many previous steps necessary before he arrives at this dignity. A native American must have very singular good fortune who, after residing fourteen years in his own country, should come to Europe, enter Romish orders, obtain the promotion of Cardinal, afterward that of Pope, and at length be so much in the confidence of his country as to be elected President. It would be still more extraordinary if he should give up his popedom for our presidency.” Most of the states, however, felt that the Constitution did not go far enough, and they proposed amendments guaranteeing re-ligious freedom and other fundamental rights. Massachusetts strongly opposed the abolition of religious tests, while Virginia and Rhode Island just as strongly demanded a more explicit guarantee against the establishment of religion. The first Congress held under the new Constitution passed twelve amendments and sent them to the legislatures of the several states for ratification. The first of these is the clause, Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof.” James Madison of Virginia urged on Congress the duty of removing all apprehension of an intention to deprive the people of the liberty for which they valiantly fought and honorably bled.” Our Federal Constitution, therefore, proclaims religious liberty as a fundamental right of everyone, be he citizen or alien. Thus