persons professing to believe in Jesus Christ, should be molested in respect of their religion, or in the free exercise thereof, or be compelled to the belief or exercise of any other religion, against their consent. Thus, to use the words of a learned and liberal historian,b the Catholic planters of Maryland procured to their adopted country the distinguished praise of being the first of the American states in which toleration was established by law; and while the Puritans were persecuting their Protestant brethren in New-England, and the Episcopalians retorting the same severity on *36 *the Puritans in Virginia, the Catholics, against whom the others were combined, formed in Maryland a sanctuary, where all might worship and none might oppress, and where even Protestants sought refuge from Protestant intolerance. The proprietaries of Carolina, for the better encouragement of settlers, declared, concurrently in point of time with the Rhode-Island charter, that all persons settling therein should enjoy the most perfect freedom in religion. So, also, Lord Berkeley and Sir George Carteret, the proprietaries of New-Jersey, in their first concessions to the settlers, in 1664, of a charter of civil liberties, secured to them the full and perfect enjoyment of religious liberty, by adopting the same language as that used in the charter of Rhode-Island. The fundamental constitutions of the twenty-four proprietaries in 1683, reiterated the right to the same unqualified freedom of religious profession and worship. In 1698, the declaratory act of the general assembly of East New-Jersey was a little more restrictive in its operations. Religious liberty was confined Bacon's Laws, 1649, ch. 1. See, also, Chalmers' Political Annals, p. 219. This legislative act of Maryland, in favour of religious toleration, was prior in time to any in America, if not in any country, but it was still limited to trinitarian Christians. Bancroft, in his History, vol. i. p. 276, gives a true copy of the law, as taken from Langford, pp. 27-32. Mr. Kennedy, in his Discourse before the Maryland Historical Society in December, 1845, says that the glory of Maryland toleration is not the act of 1649, but in the charter granted to George Calvert, the first Lord Baltimore, in 1632, and who, though a Catholic, was a distinguished friend to religious toleration. b Grahame's History of the Rise and Progress of the United States. • Chalmers' Annals, 517, 518. The charter of Charles II., of 30th June, 1667, to the proprietaries of Carolina, authorized them to grant religious liberty of con science and practice to non-conformists, who did not thereby disturb the civil peace of the province. See the charter in R. S. of N. Carolina, vol. ii. to the Protestant professors of the Christain faith, and so was the religious toleration allowed by the Massachusetts charter of 1691, and by the declaratory act of the general assembly of New-York in 1691, and by the charter of Georgia in 1732.a On the other hand, the concessions of the one hundred and fifty proprietors and planters of the province of West NewJersey, in 1676, established under the auspices of William Penn, went to the most large and liberal extent. It was declared in them, that no man on earth had power or authority to rule over men's consciences in religious matters, and that no person should be called in question, or punished, or hurt, in person, estate or privilege, for the sake of his opinion, judgment or worship, in the concernments of religion. In the code of laws, or charter of privileges, prepared by William Penn for Pennsylvania, and adopted by the first provincial assembly, it was declared, that no persons acknowledging a Deity, and living peaceably and justly in society. should be molested or prejudiced for their religious *persuasion or practice in faith and worship, or be com- *37 pelled to frequent or maintain any religious ministry or worship. It appears from these illustrious examples, that a Bradford's edition of the Laws of New-York, 1719. Massachusetts Colony Laws, edit. 1814. 1 Holmes' Annals, 553. It appears, however, that by the charter of liberties established by the general assembly of the province of New-York, under the Duke of York, in 1683, complete enjoyment of religious profession and worship was granted to all persons who "professed faith in God by Jesus Christ." This of course included Roman Catholics. It is to be observed, however, that the Duke of York (afterwards James II.) was himself a Papist. The body of laws known as the Duke's laws, and digested and promulgated by a convention of deputies on Long Island, Feb. 1665, called by Governor Nicoll, the first governor of New-York under the Duke of York, declared that no person should be molested for differing in judgment in matters of religion who professed Christianity. See an abstract of the code in Thompson's History of Long Island, vol. i. p. 132, edit. 1843. b Smith's History of New-Jersey, pp. 126. 270-4, App. Nos. 1 and 2, Leaming & Spicer's Coll. edit. Philad. 1757, pp. 12–26. 153–166. 368. 382-411. In 1693, the legislature of West New-Jersey prescribed a confession of faith as a condition of holding office, and that confession contained the declaration of a belief in the doctrine of the Trinity, according to the English toleration act of 1689. Gordon's Hist. of New-Jersey, 45. • Proud's History of Pennsylvania, vol. i. pp. 196. 206. 207, vol. ii. App. No. 2, p. 19, sec. 35. Charter of Privileges granted by William Penn, in 1701, and accepted by the general assembly, and inserted in the beginning of the volume of the Laws of Pennsylvania, edit. 1775. The Puritans of Massachusetts, under the various portions of this country became, even in its infant state, distinguished asylums for the enjoyment of the principles of civil and religious liberty, by the persecuted votaries of those principles from every part of Europe. charter of 1629, assumed the grant to them of the free exercise of religion according to the dictates of conscience; but the better opinion is, that this was a gratuitous assumption, not warranted by any sound construction of their charter; and while they claimed this right for themselves, and exercised it without any foundation in the grant, they forthwith denied to Episcopalians the privilege of using their own creed and worship. The two recent historians, Grahame and Bancroft, take different sides on this question, (if any question there can really be,) under the charter of 1629. The former, in his History of the United States, (vol. i. pp. 244-247,) follows Neal and other Puritans of that age, in favour of the Puritans' claim; and the latter, in his History of the United States, (vol. i. pp. 371, 372,) follows Chalmers, Robertson and Story, in opposition to it. The leading principle in the religious system of the colony of Massachusetts, was the compulsory support of public worship, and the liability of every inhabitant to taxation for its support. Anabaptists and Quakers were first exempted, and next Episcopalians, who were allowed to pay their taxes to their own clergymen. The laws still in force contain the principle, that a religious establishment of the Christian Protestant religion, and public worship, ought to be maintained by legal coercion. Dakes v. Hill, 10 Pick. Rep. 333. Some of the colonial governments provided for the enjoyment of religious liberty in the largest sense, as allowing every man the free exercise and enjoyment of religious profession and worship without discrimination; and this was the language of the constitution of New-York, of 1777; and it is continued in the Revised Constitution, of 1846; and the singularly argumentative Preamble and Statute of the assembly of Virginia, in 1786, carried the doctrine of religious freedom to the same extent. In other instances, religious toleration was granted, which meant the allowance of religious opinions and modes of worship, differing from those established by law. The prevalent doctrine at the present day is in favour of religious liberty and equality, without the existence of any power of control, or distinction by law, or establishment. The Revised Constitution of NewYork, in 1846, seems to have set at liberty even the consciences of witnesses, for it declares that "No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief" APPENDIX. CONSTITUTION OF THE UNITED STATES. WE, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America. ARTICLE I. 1. All legislative powers herein granted, shall be vested in a Congress of the Legislative United States, which shall consist of a Senate and House of Representatives. SECTION 2. powers. House of Representatives: its 1. The House of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of members; by the state legislature. age of whom chosen. Qualifica resentatives. tives and taxes to be ap cording to 2. No person shall be a representative who shall not have attained to the twenty-five years, and been seven years a citizen of the United States, and who tions of repshall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several Representastates which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, portioned acincluding those bound to service for a term of years, and excluding Indians not numbers. taxed, three-fifths of all other persons. The actual enumeration shall be made Actual enu within three years after the first meeting of the Congress of the United States, and meration evwithin every subsequent term of ten years, in such manner as they shall by law direct. The number of representatiyes shall not exceed one for every thirty thourepresentasand, but each state shall have at least one representative; and until such enume- of the ratio of First apration shall be made, the state of New-Hampshire shall be entitled to choose tion, &c. Conportionment of representhree; Massachusetts eight; Rhode Island and Providence Plantations one; tatives. necticut five; New-York six; New-Jersey four; Pennsylvania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three. ery ten years. Limitation 4. When vacancies happen in the representation from any state, the executive Vacancies, authority thereof shall issue writs of election to fill such vacancies. how filled. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. Powers of the House. Senators, SECTION 3. 1. The Senate of the United States shall be composed of two senators from how chosen. each state, chosen by the legislature thereof, for six years; and each senator shall The senate three classes. ted and filled. have one vote. 2. Immediately after they shall be assembled in consequence of the first elecdivided into tion, they shall be divided, as equally as may be, into three classes. The seats of When vaca-the senators of the first class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second Vacancies. year; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. Qualifica 3. No person shall be a senator who shall not have attained to the age of thirty tions of sena- years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. tors. President of the senate. Ib. and other officers. 4. The vice-president of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a president pro tempore. in the absence of the vice-president, or when he shall exercise the office of president of the United States. The sole 6. The Senate shall have the sole power to try all impeachments. When sitting power to try for that purpose, they shall be on oath or affirmation. When the president of the impeachments, in the United States is tried, the chief justice shall preside; and no person shall be consenate, &c. victed without the concurrence of two-thirds of the members present. cases of im Extent of 7. Judgment in cases of impeachment shall not extend further than to removal judgment in from office, and disqualification to hold and enjoy any office of honour, trust, or profit. peachment. under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. for senators SECTION 4. Elections 1. The times, places, and manner of holding elections for senators and represenand representatives shall be prescribed in each state by the legislature thereof; but the Contatives, how gress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. regulated. Meetings of congress. Each House judge of the own mem 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. SECTION 5. 1. Each house shall be judge of the elections, returns and qualifications of its election of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to Quorum. compel the attendance of absent members, in such manner and under such penalties as each house may provide. bers. To determine its own rules, &c. To keep and publish journals, &c. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings. and from time to time publish the same, excepting such parts as may in their judgment require secrecy;' and the yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journal. |