Such an enactment as is here proposed seems now so reasonable to us, so commonplace in its justice, that we marvel that it was not unanimously and immediately passed by the house of burgesses. But after twenty-five days of debate, which Jefferson himself characterized as "desperate contests," the utmost of achievement at that time was the repeal of the statute which imposed penalties for going to the wrong church and compelling dissenters to pay tithes. Not until nine years more had passed—years of bitterness and strife and noble effort on the part of Jefferson and his liberal associates, could Virginia be brought to a settlement of her religious problems by the adoption of the foregoing proposed enactment.
This statute, so far as in him lay the power, Jefferson tried to make a sort of English bill of rights. At least I judge so from the nature of one of the paragraphs of the statute, and which is well worth the trouble to read.
"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 power 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."
Of course, as Mr. Jefferson himself realized, the state legislature could not bind succeeding legislatures from altering or amending this statute, but undoubtedly there was a moral force that went with what was there set down in the statute. At any rate the passing of this act was a final settlement of the question. Never since those days has it been disturbed, and finally those principles were adopted in every state of the American union.
The principle upon which Jefferson acted in securing religious freedom in Virginia—though expressed in language used some years after the conflict in Virginia had closed—is set forth as follows:
"It behooves every man who values liberty of conscience for himself to resist invasions of it in the case of others, or their case may, by change of circumstances, become his own."
The arguments by which Jefferson sustained the justice of the Virginia statute, though commonplace to us now, are worth repeating in part, since occasional reference to fundamental principles is beneficial. Opinion, he declared to be something with which government had nothing to do; government was no more competent to prescribe beliefs than medicine, and constraint made hypocrites, not converts. Error alone needed support of government; truth could stand by itself. Subject opinion to coercion, and you make fallible men, governed by bad passions, by private as well as public reasons, your inquisitors, and even if desirable, uniformity is unattainable.
"Millions of innocent men, women and children," he said, "since the introduction of Christianity, have been burnt, tortured, fined, imprisoned; yet we have not advanced one inch towards uniformity. What has been the effect of coercion? To make one-half the world fools, and the other half hypocrites; to support roguery and error all over the earth. Let us reflect that it is inhabited by a thousand millions of people; that these profess probably a thousand different systems of religion; that ours is but one of that thousand; that if there be but one right, and ours that one, we would wish to see the nine hundred and ninety-nine wandering sects gathered into the fold of truth. But against such a majority we cannot effect this by force. Reason and persuasion are the only practicable instruments. To make way for these, free inquiry must be indulged; and how can we wish others to indulge it, while we refuse it ourselves."
Jefferson's contribution to religious freedom in America was not limited to the drafting and finally securing the passage of the Virginia statute on the subject. Although it must be admitted that his further contribution to religious freedom in America resulted from indirect, rather than from direct means. After the war of independence closed, and the founders of the great republic met in convention to form a more perfect union and a more efficient government, this principle of religious freedom was finally included among the provisions of that constitution, under which we have now had one hundred and twenty years of national life. It expressly provides that
"No religious test shall ever be required as a qualification to any office or public trust under the United States."
Also that
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
Jefferson was in France during the formation of the Constitution, and therefore could have had but little to do directly with its formation, but it must be remembered that some years before—1776—he had written what will always be regarded as the preface to our Constitution, namely, the immortal Declaration of Independence. When in that instrument Jefferson declared as self-evident truth that all men are created equal, that they are endowed by their Creator with an inalienable right to live, to be free, and to pursue happiness; and that to secure these rights governments were instituted among men, deriving their just powers from the consent of the governed—he set in order the foundation principles of all our liberties, religious as well as civil. After the adoption of that declaration and its maintenance by a successful appeal to the dreadful arbitrament of war, it was inevitable that the religious liberties now secured by constitutional provision in every state of the union, and in the national constitution as well, should come. That Jefferson contributed to this general result more, perhaps, than any other American statesman, as well as being the leading factor in the establishment of religious freedom in Virginia, will not be disputed.
This American religious liberty which sets the church free from the interference of the civil authority, carries with it as a corollary the freedom of the state from the interference of ecclesiastical authority—it results in the absolute separation of the church and the state. Great as religious freedom is, and in my estimation above all price, yet the other half of our American system—the freedom of the state from ecclesiastical domination, is of equal value, and equally necessary to our peace and the security of both church and state. It is claimed by high authority that one-half of the wars of Europe and half the troubles that have vexed European states from the early centuries of the Christian era down to the nineteenth century, have arisen from theological differences or from the rival claims of church and state. Thank God, the United States under the national Constitution has no part in such a record as that! The comparative peace and freedom from religious strife that has obtained in our own country, through more than a century of religious freedom, vindicates the wisdom of our system, which has led to the happiest results. A few years ago—1891—these results were described by a gentleman of commanding influence, both in literature and in the civil affairs of his own country, and who now holds the exalted station of British ambassador to our government at Washington, Mr. James Bryce. Listen to his words:
"There are no quarrels of churches and sects. Judah does not vex Ephraim, nor Ephraim envy Judah. No established church looks down scornfully upon dissenters from the height of its titles and endowments, and talks of them as hindrances in the way of its work. No dissenters pursue an established church in a spirit of watchful jealousy, nor agitate for its overthrow. One is not offended by the contrast between the theory and the practice of a religion of peace, between professions of universal affection in pulpit addresses and forms of prayer, and the acrimony of clerical controversialists. Still less, of course, is there that sharp opposition and antagonism of Christians and anti-Christians which lacerates the private as well as public life of France. Rivalry between sects appears only in the innocent form of the planting of new churches and raising of funds for missionary objects, while most of the Protestant denominations, including the four most numerous, constantly fraternize in charitable work. Between Roman Catholics and Protestants there is little hostility, and sometimes co-operation for a philanthropic purpose. The skeptic is no longer under a social ban, and discussions on the essentials of Christianity and of theism are conducted with good temper. There is not a country in the world where Frederick the Great's principle, that everyone should be allowed to go to heaven in his own way, is so fully applied. This sense of religious peace as well as religious freedom all around one, is soothing to the weary European, and contributes not a little to sweeten the lives of ordinary people."
I am aware, ladies and gentlemen, that I am trespassing on your valuable time, but