The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
| II. |
CHURCH ESTABLISHMENT. |
 | The writings of James Madison, |  |
CHURCH ESTABLISHMENT.
ASSEMBLY OF VIRGINIA. (1786.)[55]
We the subscribers members of the protestant episcopal Church
claim the attention of your honourable Body to our objections to
the law passed at the last Session of Assembly for incorporating
the protestant Episcopal church; and we remonstrate against the
said law—
Because the law admits the power of the Legislative Body to
interfere in matters of Religion which we think is not included in
their jurisdiction.
Because the law was passed on the petition of some of the
Clergy of the Protestant Episcopal Church without any application
from the other members of that Church on whom the law is
Legislature should regard as the sense of the whole Church the
opinion of a few interested members who were in most instances
originally imposed on the people without their consent & who
were not authorized by even the smallest part of this community
to make such a proposition.
Because the law constitutes the Clergy members of a convention
who are to legislate for the laity contrary to their fundamental
right of chusing their own Legislators.
Because by that law the most obnoxious & unworthy Clergyman
cannot be removed from a parish except by the determination of
a body, one half of whom the people have no confidence in & who
will always have the same interest with the minister whose conduct
they are to judge of.
Because—by that law power is given to the convention to regulate
matters of faith & the obsequious vestries are to engage to
change their opinions as often as the convention shall alter
theirs.
Because a system so absurd and servile will drive the members
of the Episcopal Church over to the Sects where there will be
more consistency & liberty.
We therefore hope that the wisdom & impartiality of the present
assembly will incline them to repeal a law so pregnant with mischief
& injustice.
The petition is in Madison's handwriting.
June 3, 1784, a memorial from the Protestant Episcopal Church in Virginia
was presented in the House of Delegates stating that the church labored under
disadvantages because of several laws directing the modes of worship, and
requesting the repeal of such acts; "that an act may pass, to incorporate the
Protestant Episcopal Church in Virginia, to enable them to regulate all the
spiritual concerns of that Church, alter its form of worship, and constitute such
canons, by-laws and rules for the government and good order thereof, as are
suited to their religious principles; and in general that the Legislature will aid
and patronize the Christian religion." This was referred to the Committee on
Religion, of which Madison was himself a member; but he was opposed to
the views of the majority of his colleagues. On June 8 Carey reported that
the memorial seemed to the committee to be reasonable. The bill for the
incorporation of the Protestant Episcopal Church was read the second time
June 16, and after modification to a less objectionable form passed at the next
session of the Assembly. (See Journal of the House of Delegates.) Madison
himself voted for it, as a strategic movement, to ward off action on the more important
bill for religious assessments. The act contained twelve sections, providing
that the "Minister and vestry of the Protestant Episcopal Church"
should, under that name, constitute a body politic and corporate in the respective
parishes, and should forever enjoy all glebe lands already purchased,
churches, burying-grounds, etc., belonging to them, "and every other thing the
property of the late established church." In the proceedings of the ministers
and vestries all matters were to be decided by a majority vote. They had full
power and authority to purchase and enjoy lands, etc. In whatever parishes
ministers and vestrymen wished to form a body corporate under the act, it was
lawful for any two members of the church to call together the other members in
the parish and elect twelve church members, to form a vestry and with the
minister of the church were authorized to regulate all its religious concerns,
doctrine, discipline and worship. (Hening's Statutes at Large, 11,532).
Beginning with the session of the Assembly in the Autumn of 1786 petitions
to repeal the act began to pour in, and also a smaller number against the repeal
(Journal of the House of Delegates, Oct. 31, Nov. 1, Nov. 6, Nov, 9, Nov. 10,
Nov. 17, Nov. 24, Dec. 4, Dec. 5, Dec. 7.) The act of repeal was finally
passed Jan. 10, 1787. (Hening's Stats. at Large, 12, 266.)
Rev Dr. John B. Smith, of Hampden-Sidney College, a Presbyterian, wrote
to Madison under date June 21, 1784:
"Since my arrival at home, I have seen a part of your Journals, & by them
have learned the objects of the Petition from the Episcopal Clergy, which in
one or two instances, appear to me very exceptionable. The first part of their
prayer is necessary & proper; & the whole of it might pass without much
animadversion to its disadvantage, 'till you hear them requesting that 'they,
the Clergy, may be incorporated by law'; & then an attentive mind must revolt
against it as very unjustifiable, & very insulting to the members of their communion
in general. Had they requested that an incorporating act should pass,
in favour of that Church as a party of Christians, whereby the people might have
had a share in the direction of ecclesiastical regulations, & the appointment of
Church officers for that purpose, it would have been extremely proper. But as
the matter now stands, the clergy seem desirous to exclude them from any share
in such a privilege & willing to oblige the members of their Churches to sit
down patiently, under such regulations as an incorporated body of Clergymen,
who wish to be peculiarly considered as ministers in the view of the law, shall
chuse to make, without a legal right to interpose in any manner, but such as
these spiritual leaders may think fit to allow. * * * * * *
" But that part of the petition, which concerns me most as well as every nonEpiscopalian
in the state, is, where these Clergymen pray for an act of the
Assembly to Enable, them to regulate all the spiritual concerns of that Church
&c. This is an express attempt to draw the State into an illicit connexion &
commerce with them, which is already the ground of that uneasiness which at
present prevails thro' a great part of the State. According to the spirit of that
prayer, the Legislature is to consider itself as the head of that Party, & consequently
they as members are to be fostered with particular care."
Mad. MSS.
| The writings of James Madison, | |