Fordham University - Maroon Yearbook (New York, NY)

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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

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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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502 The Fordham Monthly the American people were the first to separate political government from ecclesiasticism. In the words of a great American statesman, Thomas F. Bayard: “Religious liberty is the chief corner-stone of the American system of government, and provisions for its security are imbedded in the written charter and interwoven in the moral fabric of our laws. Anything that tends to invade a right so essential and sacred must be carefully guarded against, and I am satisfied that my countrymen, ever mindful of the sufferings and sacrifices necessary to obtain it, will never consent to its impairment for any reason or under any pretext whatever 7 The experience of our nation shows that neither Church or State are benefitted by being united. They both flourish best in an atmosphere of absolute freedom. The bigot is still amongst us, ready to fan the flame of prejudice. But his task becomes increasingly difficult with the passing years. For toleration is always advancing. Lecky has expressed it thus: “In one age the persecutor burnt the heretic; in another he crushed him with penal laws; in a third he withheld from him places of emolument; in a fourth he subjected him to the excommunication of society. Each stage of advancing toleration makes a stage in the decline of the spirit of dogmatism and of the increase of the spirit of truth.77 It is our duty to remain true to the ideal that actuated the founders of the Republic,—the ideal of religious freedom. The right to choose his religion is sacred to everyone He that would deny that right is an enemy to true religion and to true democracy. John Francis Curran, 715.