tion theory of Calhoun, and the Secession theory of Jefferson Davis, but he differed from his southern successors by his decided opposition to the institution of slavery. He was no member of the Convention of Richmond in 1788, but his influence was thrown against the adoption of the Constitution without "a declaration of rights which shall stipulate freedom of religion, freedom of the press, freedom of commerce against monopolies, trial by juries in all cases, no suspensions of the habeas corpus, no standing armies."1 Patrick Henry, also, who was a member of that Convention, violently opposed the adoption of the Constitution without a bill of rights. On the guarantee for freedom of religion, all parties of Virginia were agreed, except that some of the leading men, including Washington and Patrick Henry, favored the taxing of the people for the support of some church of their preference. The Convention, therefore, recommended to Congress, among other amendments, the following:

1 See his letter to A. Donald, dated Paris, Febr. 7, 1788, in "The Writings of Th. Jefferson " (N. York, 1853), vol. ii. 355. In a letter to the Danbury Baptist Association, Jan. 1, 1802, he expressed his great satisfaction with the First Amendment. “Believing with you,” he says, “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." Vol. viii. 113. His gives his views on religious freedom in his "Notes on the State of Virginia," 1787, Ch. 17. Comp. Randall's Life of Thomas Jefferson," vol. iii. 553-558. Jefferson was a Unitarian, but he generally attended the Episcopal church, carried his prayer-book, and joined in the responses. He contributed liberally to churches, Bible societies, and other religious objects. See Randall, iii. 555. He concludes his first inaugural, March

"

4, 1801, with the prayer: "May that infinite Power which rules the destinies of the universe, lead our councils to what is best, and give them a favorable issue for our peace and prosperity." And in the course of his address he alludes to our "benign religion" and the "overruling Providence," as the best security of our happiness and prosperity. This is very vague, indeed, but there are few Christian rulers of modern Europe who go even so far in their official utterances.

? See his speeches in Elliot, iii. 593 sqq.

"That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men have an equal, natural, and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established by law in preference to others."1

This amendment is substantially a repetition of article 16th in the "Declaration of Rights," which was prepared by Thomas Jefferson, and unanimously adopted by the Legislature of Virginia, June 12, 1776 (several weeks before the Declaration of Independence, July 4, 1776), and reads as follows:

"That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity, towards each other.” 2 New Hampshire proposed twelve alterations, the eleventh of which is:

"Congress shall make no laws touching religion, or to infringe the rights of conscience."

The Convention of New York, held in Poughkeepsie, June 17-July 26, 1788, adopted the Constitution after excited debates, in which Governor Clinton, Alexander Hamilton, Robert R. Livingston, John Jay, Melancthon Smith, and Mr. Lansing took prominent part, with a majority of only three (30 to 27), and with sundry recommendations and principles, among which is this:

"That the people have an equal, natural, and unalienable right freely and peaceably to exercise their religion according to the dictates of conscience; and that no religious sect or society ought to be favored or established by law in preference to others." 4

The State of New York had virtually disestablished the Episcopal Church in 1777, one year after the Declaration of Independence, by repealing, in its constitution, all statutes and acts of the colony which "might be construed to estab

1 Elliot, iii. 659.

2 Hening's "Collection of the Laws of Virginia," vol. ix. p. III. The words " are equally entitled," were changed into have an equal, natural, and unalienable right," and the same phraseology was used by the North Carolina, New York, and Rhode Island Conventions. I am unable to trace its precise origin. 4 Elliot, i. 328.

3
* Elliot, i. 326.

lish or maintain any particular denomination of Christians and their ministers"; and it ordained that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this State to all mankind."1

Pennsylvania ratified the Constitution December 12, 1787, by a majority of fifteen, but the dissenting minority, failing to secure a new national convention, issued an address to their constituents, called "Reasons of Dissent," etc., in which fourteen amendments were proposed, the first being a guarantee of religious freedom in these words:

"The right of conscience shall be held inviolable, and neither the legislative, executive, nor judicial powers of the United States shall have authority to alter, abrogate, or infringe any part of the constitutions of the several States, which provide for the preservation of liberty in matters of religion.'

"2

Rhode Island was the last to ratify the Constitution, May 29, 1790, and then only with a prefatory declaration of eighteen principles, the fourth of which is in almost verbal agreement with the declaration of Virginia as follows:

"That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force and violence; and therefore all men have a natural, equal, and unalienable right to the exercise of religion according to the dictates of conscience; and that no particular religious sect or society ought to be favored or established, by law, in preference to others.'

To the ratification were added seventeen amendments as recommendations, but religious liberty is not included.

The First Congress of the United States met under the Constitution March 4, 1789. In the session of June 8th, the House of Representatives, on motion of James Madison, of Virginia, took into consideration the amendments to the Constitution desired by several States, and resolved itself into a committee of the whole. After much useless debate, Mr. Madison moved the appointment of a select committee to report proper amendments, and supported it by a long 1 See Murray Hoffman, "Ecclesiast. Law of the State of New York." N. Y. 1868, p. 40.

"The Reasons of Dissent" were published, Philadelphia, Dec. 12, 1787, and reprinted in Carey's "American Museum," vol. ii. No. V. pp. 536-553. Elliot, i. 334.

and strong speech, urging as a reason chiefly the duty of Congress to remove all apprehensions of an intention to deprive the people "of the liberty for which they valiantly sought and honorably bled." "I believe," he said, “that the great mass of the people who opposed the Constitution disliked it because it did not contain effectual provisions against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercises the sovereign power; nor ought we to consider them safe, while a great number of our fellow-citizens think these securities necessary." He then proposed nine amendments, and among these the following, which bears directly on our subject:

"Fourthly, That in article I., section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed."

Under the same head Madison mentioned the guarantees of the freedom of speech and the press, and the right to petition, which are included in the First Amendment as it now stands.

Much opposition was made to such amendments, chiefly on the ground that they were unnecessary in a free republic. In the session of July 21st a select committee of representatives of the eleven States which had adopted the Constitution, consisting of Messrs. Vining, Madison, Baldwin, Sherman, Burke, Gillman Cymer, Benson, Goodhue, Boudinot, and Gale, was appointed "to take the subject of amendments to the Constitution of the United States generally into their consideration, and to report thereupon to the House."

The report was discussed and amended. On August 24, 1789, the House adopted a series of amendments and ordered the clerk to send them to the Senate, which agreed to some, and objected to others. The two Houses came to an agreement on the 25th of September, 1789.'

1 The authority for these statements on the proceedings of the First Congress bearing on our subject, see in the "Annals of Congress" (ed. by Jos. Gales), Washington, 1834, vol. i. pp. 440 sqq.; 448 sqq.; 685–692; 699; 730 sqq.;

Congress accordingly sent twelve amendments to the Legislatures of the several States for ratification, three fourths being necessay for the purpose.' The first two, relating to the number of representatives (Art. I.), and to compensation for services of the senators and representatives (Art. II.), were rejected by some, the other ten were duly ratified by all the Legislatures except those of Massachusetts, Connecticut, and Georgia, which made no returns, and by silence gave consent. "

2

796 sqq. 758. On page 951 the "Annals" report: "A message from the Senate informed the IIouse that the Senate agree to the amendment proposed by this House to their amendments to the several articles of amendment to the Constitution of the United States." In the same session of September 25th, Mr. Boudinot moved a resolution to request the President to recommend a day of public thanksgiving and prayer for the many signal favors of Almighty God, especially by affording the people an opportunity peaceably to establish a constitution of government for their safety and happiness." The resolution was objected to by Tucker, but supported by Sherman, and adopted. 'Elliot's "Debates," i. 338 and 339. The preamble states:

"The conventions of a number of States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government will best insure the beneficent ends of its institution ;

'Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following articles be proposed to the legislatures of the several States, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid, to all intents and purposes, as part of said Constitution, namely,—"

Then follow the twelve articles. The document is signed by FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives, and by JOHN ADAMS, Vice-President of the United States and President of the Senate.

In the "Annals of Congress," ii. 2033, are recorded the ratifications of New Hampshire (Jan. 25, 1790, all except Art. II.); New York (Feb. 24, 1790, except Arts. I. and II.); Pennsylvania (March 11, 1790, except Arts. I. and II.); Delaware, Jan. 28, 1790, all but Art. I.); Maryland, Dec. 19, 1789, all; South Carolina (Jan. 19, 1790, all); North Carolina (Dec. 22, 1789, all); Rhode Island (June, 1790, except Art. II.); New Jersey (Nov. 20, all but Art. II.). In the Annals of the Second Congress, Oct. 24, 1791 to Mar. 2, 1793 (Washington, 1849), pp. 54 and 75, is reported the ratification of Virginia (Dec. 5, 1791, except Art. I.), and of Vermont (Nov. 3, 1791, all). There is no record on the journals of Congress that the legislatures of Connecticut, Massachusetts, and Georgia ratified the amendments. They were declared in force by the Proclamation of Washington December 15, 1791.