Jul

JEFFERSON’S DRAFT (1779)

_A Bill for Establishing Religious Freedom_

SECTION I. Well aware that the opinions and belief of men

depend not on their own will, but follow involuntarily the evidence

proposed to their minds; that Almighty God hath created the mind

free, and manifested his supreme will that free it shall remain by

making it altogether insusceptible of restraint; that all attempts to

influence it by temporal punishments, or burthens, or by civil

incapacitations, tend only to beget habits of hypocrisy and meanness,

and are a departure from the plan of the holy author of our religion,

who being lord both of body and mind, yet chose not to propagate it

by coercions on either, as was in his Almighty power to do, but to

extend it by its influence on reason alone; that the impious

presumption of legislators and rulers, civil as well as

ecclesiastical, who, being themselves but fallible and uninspired

men, have assumed dominion over the faith of others, setting up their

own opinions and modes of thinking as the only true and infallible,

and as such endeavoring to impose them on others, hath established

and maintained false religions over the greatest part of the world

and through all time: That to compel a man to furnish contributions

of money for the propagation of opinions which he disbelieves and

abhors, is sinful and tyrannical; that even the forcing him to

support this or that teacher of his own religious persuasion, is

depriving him of the comfortable liberty of giving his contributions

to the particular pastor whose morals he would make his pattern, and

whose powers he feels most persuasive to righteousness; and is

withdrawing from the ministry those temporary rewards, which

proceeding from an approbation of their personal conduct, are an

additional incitement to earnest and unremitting labours for the

instruction of mankind; that our civil rights have no dependance on

our religious opinions, any more than our opinions in physics or

geometry; that therefore the proscribing any citizen as unworthy the

public confidence by laying upon him an incapacity of being called to

offices of trust and emolument, unless he profess or renounce this or

that religious opinion, is depriving him injuriously of those

privileges and advantages to which, in common with his fellow

citizens, he has a natural right; that it tends also to corrupt the

principles of that very religion it is meant to encourage, by

bribing, with a monopoly of worldly honours and emoluments, those who

will externally profess and conform to it; that though indeed these

are criminal who do not withstand such temptation, yet neither are

those innocent who lay the bait in their way; that the opinions of

men are not the object of civil government, nor under its

jurisdiction; that to suffer the civil magistrate to intrude his

powers into the field of opinion and to restrain the profession or

propagation of principles on supposition of their ill tendency is a

dangerous falacy, which at once destroys all religious liberty,

because he being of course judge of that tendency will make his

opinions the rule of judgment, and approve or condemn the sentiments

of others only as they shall square with or differ from his own; that

it is time enough for the rightful purposes of civil government for

its officers to interfere when principles break out into overt acts

against peace and good order; and finally, that truth is great and

will prevail if left to herself; that she is the proper and

sufficient antagonist to error, and has nothing to fear from the

conflict unless by human interposition disarmed of her natural

weapons, free argument and debate; errors ceasing to be dangerous

when it is permitted freely to contradict them.

SECT. II. WE the General Assembly of Virginia do enact that no

man shall be compelled to frequent or support any religious worship,

place, or ministry whatsoever, nor shall be enforced, restrained,

molested, or burthened in his body or goods, nor shall otherwise

suffer, on account of his religious opinions or belief; but that all

men shall be free to profess, and by argument to maintain, their

opinions in matters of religion, and that the same shall in no wise

diminish, enlarge, or affect their civil capacities.

SECT. III. AND though we well know that this Assembly, elected

by the people for the ordinary purposes of legislation only, have no

power to restrain the acts of succeeding Assemblies, constituted with

powers equal to our own, and that therefore to declare this act

irrevocable would be of no effect in law; yet we are free to declare,

and do declare, that the rights hereby asserted are of the natural

rights of mankind, and that if any act shall be hereafter passed to

repeal the present or to narrow its operation, such act will be an

infringement of natural right.

* Believing 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 (Letter to the Danbury Baptists, 1802).
* Religion is a subject on which I have ever been most scrupulously reserved. I have considered it as a matter between every man and his Maker in which no other, and far less the public, had a right to intermeddle (letter to Robert Rush, 1813).
* I consider the government of the United States as interdicted by the Constitution from intermeddling in religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the states the powers not delegated to the United States. Certainly, no power to prescribe any religious exercise or to assume authority in religious discipline has been delegated to the General Government. It must rest with the States, as far as it can be in any human authority (letter to Samuel Miller, Jan. 23, 1808).
* I do not believe it is for the interest of religion to invite the civil magistrate to direct its exercises, its discipline, or its doctrines; nor of the religious societies that the general government should be invested with the power of effecting any uniformity of time or matter among them. Fasting and prayer are religious exercises. The enjoining them, an act of discipline. Every religious society has a right to determine for itself the times for these exercises and the objects proper for them according to their own particular tenets; and this right can never be safer than in their own hands where the Constitution has deposited it… Every one must act according to the dictates of his own reason, and mine tells me that civil powers alone have been given to the President of the United States, and no authority to direct the religious exercises of his constituents (letter to Samuel Miller, Jan. 23, 1808).
* No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the power of its public functionaries, were it possible that any of these should consider a conquest over the conscience of men either attainable or applicable to any desirable purpose (Letters to the Methodist Episcopal Church at New London, Connecticut, Feb. 4, 1809).
* To suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous fallacy which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment and approve or condemn the sentiments of others only as they shall square with or differ from his own (Statute for Religious Freedom, 1779).
* In matters of religion, I have considered that its free exercise is placed by the constitution independent of the power of the federal government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction of state or church authorities acknowledged by the several religious societies (Jefferson’s Second Inaugural Address).
* In justice, too, to our excellent Constitution, it ought to be observed, that it has not placed our religious rights under the power of any public functionary. The power, therefore, was wanting, not less than the will, to injure these rights (Letter to the Society of the Methodist Episcopal Church at Pittsburg, Dec. 9, 1808).

On the benefits of religious liberty:

* …(O)ur rulers can have no authority over such natural rights, only as we have submitted to them. The rights of conscience we never submitted, we could not submit. We are answerable for them to our God. The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods or no god. In neither picks my pocket nor breaks my leg (Notes on Virginia, 1785.
* Reason and free inquiry are the only effectual agents against error. Give a loose to them, they will support the true religion by bringing every false one to their tribunal, to the test of their investigation. They are the natural enemies of error, and of error only (Notes on Virginia, 1785.
* …(T)o compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness (Virginia Statute for Religious Freedom, 1789).
* …(P)roscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which, in common with his fellow citizens, he has a natural right; that it tends also to corrupt the principles of that very religion it is meant to encourage, by bribing, with a monopoly of worldly honours and emoluments, those who will externally profess and conform to it (Virginia Statute for Religious Freedom, 1789).
* We have solved by fair experiment the great and interesting question whether freedom of religion is compatible with order in government and obedience to the laws. And we have experienced the quiet as well as the comfort which results from leaving every one to profess freely and openly those principles of religion which are the inductions of his own reason and the serious convictions of his own inquiries (Letter to the Virginia Baptists, 1808).
* Among the most inestimable of our blessings is that…of liberty to worship our Creator in the way we think most agreeable to His will; a liberty deemed in other countries incompatible with good government and yet proved by our experience to be its best support (Reply to Baptist Address, 1807).

Skepticism toward religious authority:

* The clergy, by getting themselves established by law and ingrafted into the machine of government, have been a very formidable engine against the civil and religious rights of man (Letter to J. Moor, 1800).
* The clergy…believe that any portion of power confided to me [as President] will be exerted in opposition to their schemes. And they believe rightly: for I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man. But this is all they have to fear from me: and enough, too, in their opinion (Letter to Benjamin Rush, 1800).
* History, I believe, furnishes no example of a priest-ridden people maintaining a free civil government. This marks the lowest grade of ignorance of which their civil as well as religious leaders will always avail themselves for their own purposes (Letter to von Humboldt, 1813).
* In every country and in every age, the priest has been hostile to liberty. He is always in alliance with the despot, abetting his abuses in return for protection to his own (Letter to H. Spafford, 1814).

Thomas Jefferson, moral relativist:

* Nature has constituted utility to man the standard and test of virtue. Men living in different countries, under different circumstances, different habits and regimens, may have different utilities; the same act, therefore, may be useful and consequently virtuous in one country which is injurious and vicious in another differently circumstanced (Letter to Thomas Law, 1814).
* As the circumstances and opinions of different societies vary, so the acts which may do them right or wrong must vary also, for virtue does not consist in the act we do but in the end it is to effect. If it is to effect the happiness of him to whom it is directed, it is virtuous; while in a society under different circumstances and opinions the same act might produce pain and would be vicious. The essence of virtue is in doing good to others, while what is good may be one thing in one society and its contrary in another (Letter to John Adams, 1816).
* Reading, reflection and time have convinced me that the interests of society require the observation of those moral precepts only in which all religions agree (for all forbid us to steal, murder, plunder, or bear false witness), and that we should not intermeddle with the particular dogmas in which all religions differ, and which are totally unconnected with morality (Letter to J. Fishback, 1809).