The Development of Religious Liberty in Connecticut Part 17

The seventh article, "Of Religion," was the subject of a long and earnest debate.

Sec. 1. It being the right and duty of all men to wors.h.i.+p the Supreme Being, the great Creator and Preserver of the universe, in the mode most consistent with the dictates of their own consciences; no person shall be compelled to join or support, nor by law be cla.s.sed with or a.s.sociated to any congregation, church or religious a.s.sociation. And each and every society or denomination of Christians in this State, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the Ministers or Teachers of their respective denominations, and to build and repair houses for public wors.h.i.+p, by a tax on the members of the respective societies only, or in any other manner.

Sec. 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave written notice thereof with the Clerk of such society he shall thereupon be no longer liable for any future expenses, which may be incurred by said society.

The Federalists contested its pa.s.sage at every point, and succeeded in modifying the first draft in important particulars, but could not prevent complete severance of Church and State, nor the const.i.tutional guarantee to all denominations of religious liberty and perfect equality before the law. To the first clause as reported--"It being the right and _duty_ of all men to wors.h.i.+p the Supreme Being, the Great Creator and Preserver of the Universe, in the mode most consistent with the dictates of their consciences"--Governor Treadwell objected that "Conscience may be perverted, and man may think it his duty to wors.h.i.+p his Creator by image, or as the Greeks and Romans did; and though he would _tolerate_ all modes of wors.h.i.+p, he would not recognize it in the Const.i.tution, as the _duty_ of a person to wors.h.i.+p as the heathen do." Mr. Tomlinson afterwards moved to amend the clause to its present shape, "The duty of all men to wors.h.i.+p... and their right to render that wors.h.i.+p." Governor Treadwell objected that the same clause went "to dissolve all ecclesiastical societies in this State. That was probably its intent as Messrs. Joshua Stow and Gideon Tomlinson had drafted it. The former answered all objections by a.s.serting that "if this section is altered _in any way_, it will curtail the great principles for which we contend." [ah]

The first section was finally adopted by a vote of 103 to 86, while a motion to strike out the second section was rejected by 105 to 84. On its final revision it read:--

Sec. 1. It being the duty of all men to wors.h.i.+p the Supreme Being, the Great Creator and Preserver of the Universe, and their right to render that wors.h.i.+p in the mode most consistent with the dictates of their consciences; no person shall, by law, be compelled to join or support, nor be cla.s.sed with, or a.s.sociated to, any congregation, church, or religious a.s.sociation. But every person now belonging to such congregation, church, or religious a.s.sociation, shall remain a member thereof, until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every society or denomination of Christians, in this state, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public wors.h.i.+p, by a tax on the members of any such society only, to be laid by a major vote of the legal voters a.s.sembled at any such society meeting, warned and held according to law, or in any other manner. [ai]

During the last revision of the const.i.tution Mr. Terry had offered the two amendments that continue the old ecclesiastical societies as corporate bodies. [217]

The draft of the whole const.i.tution was read through for the last time as amended and ready for acceptance or rejection, and put to vote on September 15, 1818. It was pa.s.sed by 134 yeas to 61 nays. The const.i.tution then went before the people for their consideration [aj]

and ratification. For a while its fate seemed doubtful; but by the loyalty of the Federal members of the convention and their efforts in their own districts the whole state gave a majority for ratification. The southern counties, with a vote of 11,181, gave a majority for ratification of 2843; the northern counties, with a vote of 15,101, gave a majority _against_ ratification of 1189. [218]

The Toleration party as such had triumphed, and they felt that they had won all they had promised the people, for they had secured "the same and equal powers, rights and privileges to all denominations of Christians." They had also cleared the way for a broader suffrage and for the proper election laws to guarantee it. At the last two elections the Republicans in the Toleration party had carefully separated state and national issues, and had in large measure forborne from criticism of the partisan government, insisting that the people's decision at the polls would give them--the people--rather than any political party, the power to correct existing abuses. The Republicans also insisted that the Tolerationists, no matter what their previous party affiliation, would with one accord obey the behests of the sovereign people. But when the const.i.tution was an a.s.sured fact the Republicans felt that the Federalist influence had dominated the convention, and the Federalists that altogether too much had been accorded to the radical party. Nevertheless it was the loyalty of the Federal members of the convention that won the small majority for the Tolerationists and for the new const.i.tution, even if that loyalty was founded upon the belief, held by many, that the choice of evils lay in voting for the new regime.

The const.i.tution of 1818 was modeled on the old charter, and retained much that was useful in the earlier instrument. The more important changes were: (1) The clearer definition and better distribution of the powers of government. (2) Rights of suffrage were established upon personal qualifications, and election laws were guaranteed to be so modified that voting should be convenient and expeditious, and its returns correct. (3) The courts were reorganized, and the number of judges was reduced nearly one half, while the terms of those in higher courts were made to depend upon an age limit (that of seventy years), efficiency, and good behavior. Their removal could be only upon impeachment or upon the request of at least two thirds of the members of each house. Judges of the lower courts, justices of the peace, were still to be appointed annually by the legislature, and to it the appointment of the sheriffs was transferred. [ak] (4) Amendments to the const.i.tution were provided for. (5) Annual elections and annual sessions of the legislature, alternating between Hartford and New Haven, were arranged for, and by this one change alone the state was saved a yearly expense estimated at $14,000, a large sum in those days. (6) The governor [al] was given the veto power, although a simple majority of the legislature could override it. (7) The salaries of the governor, lieutenant-governor, senators, and representatives were fixed by statute, and were not alterable to affect the inc.u.mbent during his term of office. (8) And finally, _the union of Church and State was dissolved_, and all religious bodies were placed upon a basis of voluntary support.

Among the minor changes, the law that before the const.i.tution of 1818 had conferred the right of marrying people upon the located ministers and magistrates only, thereby practically excluding Baptist, Methodist and Universalist clergy, now extended it to these latter. While formerly the only literary inst.i.tution favored was Yale College, Trinity College, despite a strong opposition, was soon given its charter, and one was granted later to the Methodists for Wesleyan College at Middletown. Moreover, the government appropriated to both inst.i.tutions a small grant. The teaching of the catechism, previously enforced by law in every school, became optional. Soon a normal school, free to all within the state, was opened. The support of religion was left wholly to voluntary contributions. [am] The political influence of the Congregational clergy was gone. "The lower magistracy was distributed as equally as possible among the various political and religious interests," and the higher courts were composed of judges of different political opinions.

The battle for religious liberty was won, Church and State divorced, politics and religion torn asunder. The day of complete religious liberty had daw'ned in Connecticut, and in a few years the strongest supporters of the old system would acknowledge the superiority of the new. As the "old order changed, yielding place to new," many were doubtful, many were fearful, and many there were who in after years, as they looked backward, would have expressed themselves in the frank words of one of their n.o.blest leaders: [an] "For several days, I suffered what no tongue can tell _for the best thing that ever happened to the State of Connecticut."_

FOOTNOTES:

[a] Party names were "American," "American and Toleration,"

"Toleration and Reform."

[b] Three fourths of Connecticut's exports were products of agriculture.

[c] "All inst.i.tutions, civil, literary and ecclesiastical, felt the pressure, and seemed as if they must he crushed. Our schools, churches and government even, in the universal impoverishment, were failing and the very foundations were shaken, when G.o.d interposed and took off the pressure."--Lyman Beecher, _Autobiography_, i, 266.

[d] The Ma.s.sachusetts militia were placed under General Dearborn, August 5, 1812.

[e] Governor Griswold died Octoher, 1812, and was succeeded in office by Lieutenant-Governor John Cotton Smith.

[f] The direct tax laid July 22-24,1813, by the national government, was apportioned in September, as follows: To Ma.s.sachusetts, $316,270.71; to Rhode Island, $34,702.18; and to Connecticut, $118,167.71, divided as follows (which shows the relative wealth of the different sections of the state), Litchfield, $19,065.72; Fairfield, $18,810.50; New Haven, $16,723.10; Hartford, $19,608.02; New London, $13,392.04; Middles.e.x, $9,064.20; Windham, $14,524.38; and Tolland, $6,984.69. Duties were levied upon refined sugar, carriages, upon licenses to distilleries, auction sales of merchandise and vessels, upon retailers of wine, spirits, and foreign merchandise; while a stamp tax was placed upon notes and bills of exchange.--See _Niles Register_, v, 17; _Schouler_, ii, 380. The tax in 1815 was $236,335.41.--_Niles_, vii, 348.

[g] Briefly, an independent Indian nation between Canada and the United States; no fleets or military posts on the Great Lakes, and no renunciation of the English rights of search and impressment.

[h] The April (1815) session of the Connecticut legislature pa.s.sed an "Act to secure the rights of parents, masters and guardians." It declared the proposed legislation in Congress contrary to the spirit of the Const.i.tution of the United States, and an unauthorized interference with state rights. It commanded all state judges to discharge on habeas corpus all minors enlisted without consent of parents or guardians, and it enacted a fine, not to exceed five hundred dollars, upon any one found guilty of enlisting a minor against the consent of his guardian, and a fine of one hundred dollars for the advertising or publication of enticements to minors to enlist.

[i] "Amendments: (1) Restrictions npon Congress requiring a two thirds vote in making and declaring war, (2) in laying embargoes, and (3) in admitting new states. (4) Restriction of the presidential office to one term without reelection, and with no two successive Presidents from the same state. (5) Reduction of representation and taxation by not reckoning the blacks in the slave states. (6) No foreign born citizen should be eligible to office.

[j] "They advocated nullification and threatened dissolution of the Union."--J. P. Gordy, _Political History of the United States_, ii, 299.

[k] The President in March, 1812, sent to Congress the doc.u.ments for which he had paid one John Henry $50,000. The latter claimed to be an agent sent from Canada in 1809 to detach New England Federalists from their allegiance to the Union. Congress by resolution proclaimed the validity of the doc.u.ments. The British minister solemnly denied all knowledge of them on the part of his government. The American people believed in their authenticity, which belief was confirmed during the war by the distinct favor shown for a while to Ma.s.sachusetts, and by the hope, openly entertained by England, of separating New England from New York and the southern states.

[l] Manufactures in Connecticut (abridged from the U. S. marshal's report in the autumn of 1810, cited in _Niles' Register_, vi, 323-333) were represented by 14 cotton mills, 15 woolen mills. (By 1815 New London county alone had 14 woolen mills and 10 cotton.) These had increased to 60 cotton in 1819, and to 36 woolen. Flax cloth, blended or unnamed cloths, and wool cloth,--all these made in families,--amounted to a yearly valuation of $2,151,972; hempen cloth, $12,148; stockings, $111,021; silks (sewing and raw), $28,503; hats to the value of $522,200; straw bonnets, $25,100; sh.e.l.l, horn, and ivory in manufactured products, $70,000. Looms for cotton numbered 16,132; carding machines, 184; fulling mills, 213, and there were 11,883 spindles.

In iron, wood, and steel: 8 furnaces, with output of $46,180; 48 forges, $183,910; 2 rolling and slitting mills, 32 trip-hammers, $91,146; 18 naileries, $27,092; 4 bra.s.s foundries, 1 type foundry, bra.s.s jewelry, and plaited ware, $49,200; metal b.u.t.tons, 155,000 gross, or $102,125; guns, rifles, etc., $49,050.

Among other manufactories and manufactures there were 408 tanneries, $476,339; shoes, boots, etc., $231,812; the tin plate industry, $139,370; 560 distilleries, $811,144; 18 paper mills, $82,188; ropewalks, $243,950; carriages, $68,855, and the beginnings of brick-making, gla.s.s-works, pottery, marble works, which, with the state's 24 flaxseed mills and seven gunpowder mills, brought the sum total to approximately $6,000,000.

Still the great impetus to manufacturing, which completely revolutionized the character of the state, followed the Joint-stock Act of 1837, with its consequent investment of capital and rush of emigration, resulting in later days in a development of the cities at the expense of the rural districts.

[m] Gilbert Brewster, the Arkwright of American cotton machinery, Eli Whitney, with his cotton gin and rifle improvements, and John Fitch, with his experiments with steam, are the most distinguished among a host of men who made Yankee ingenuity and Yankee skill proverbial.

[n] "Era of Good Feeling, 1817-1829. The best principles of the Federalists, the preservation and perpetuity of the Federal government, had been quietly accepted by the Republicans, and the Republican principle of limiting the powers and duties of the Federal government had been adopted by the Federalists. The Republicans deviated so far from their earlier strict construction views as in 1816 to charter a national bank for twenty years, and to model it upon Hamilton's bank of 1791 which they had refused to re-charter in 1811,"--A. Johnson, _American Politics_, pp. 80, 81.

[o] "This was for the support of missions outside the state. The Domestic or State Home Missionary Society undertook the buiding up of places within the state that were without suitable religious care. The former finally absorbed the latter when its original purpose was accomplished. Then, there was the Litchfield County Foreign Mission Society, founded in 1812, the _first _auxiliary of the American Board, which began its career in 1810, and was incorporated the same year that its youngest branch was organized."--Lyman Beecher, _Autobiography_, i, 275, 287-88 and 291.

[p] Organized in New Haven in October, 1812, with Dr. Dwight as chairman. Members of the committee upon organization included nearly all the prominent men of that day, both of the clergy and of the bar. A list is given in Lyman Beecher, _Autobiography_, i, 256.

[q] "We really broke up riding and working on the Sabbath, and got the victory. The thing was done, and had it not been for the political revolution that followed, it would have stood to this day.... The efforts we made to execute the laws, and secure a reformation of morals, reached the men of piety, and waked up the energies of the whole state, so far as the members of our churches, and the intelligent and moral portion of our congregation were concerned. These, however, proved to be a minority of the suffrage of the state."--Lyman Beecher, _Autobiography_, i, 268.

"In Pomfret the Justice of the Peace arrested and fined townspeople who persisted in working on Sunday, and held travellers over until Monday morning."--E. D. Lamed, _History of Windham_, ii, 448.

[r] "The odium thrown upon the ministry was inconceivable. ... The Congregational ministers agreed to hold back and keep silent until the storm blew over. Our duty as well as policy was explanation and self-defence, expostulation and conciliation."--_Autobiography_, i, 344.

[s] "Aristides," March 26, 1826, and "Episcopalian," March 13, issues of the _American Mercury_.

"When the Episcopal Church pet.i.tioned the legislature in vain, as she did for a series of years, for a charter to a college, he (the Rev. Philo Shelton of Fairfield) with others of his brethren _proposed a union with the political party, then in a minority_, to secure what he regarded a just right. And the first fruit of the union was the charter of Trinity (Was.h.i.+ngton) College, Hartford. He was one of a small number of clergymen who decided on this measure, and were instrumental in carrying it into effect; and it resulted in a change in the politics of the State which has never yet been reversed."--_Sprague's Annals of American Pulpit_ (Episcopal), v, 35.

[t] Total vote for governor 21,759. Mr. G.o.ddard received 9421 votes.--J. H. Trumbull, _Hist. Notes_, p. 36.

[u] The law apportioned one third of the money to the Congregationalists; one seventh to Yale; one seventh to the Episcopalians; one eighth to the Baptists; one twelfth to the Methodists, and the balance to the state treasury.--Cited in _Connecticut Courant_, November 8, 1816. _Acts and Laws_, pp. 279, 280.

[v] The first installment, $50,000, was paid into the Treasury in June, 1817. The Methodists, and later the Baptists, accepted their share, but not until political events had removed some of their objections.

See the _Mirror_, February 16, 1818. It was not until 1820 that the final acceptance of the money took place.

J. H. Trumbull, _Hist. Notes_, p. 36, foot-note, gives the following figures. By November, 1817, $61,500 had been received and apportioned: Congregationalists, $20,500.00; Trustees of the Bishop's Fund, $8,785.71; Baptist Trustees, $7,687.50; Methodist Trustees, $5,125.00; Yale College, $8,785.71, and a balance still unappropriated of $10,616.08.

[w] Legal returns gave Wolcott 13,655 Smith 13,119 Scattering 202 13,321 ------ ------ 334

"The correction of errors increased the majority to 600, which the Federalists conceded.--J. H. Trumbull, _Hist. Notes_, p. 38, footnote.

[x] Governor Wolcott's speech, _Connecticut Courant_, May 20, 1817; also _Niles' Register_, xii, pp. 201-204.

[y] "In our climate, three fireplaces are occasionally necessary to the comfortable accommodation of every family."--Governor's speech.

[z] Published 1795.

[aa] A vindication of the calling of the Special Superior Court at Middletown... for the trial of Peter Lung... with observations, &c, Windham, 1816.