American history

Religion and state governments

Many states were as explicit about the need for a thriving religion as Congress was in its thanksgiving and fast day proclamations.

The Massachusetts Constitution of 1780 declared, for example, that "the happiness of a people, and the good order and preservation of civil government, essentially depend on piety, religion and morality." The states were in a stronger position to act upon this conviction because they were considered to possess "general" powers as opposed to the limited, specifically enumerated powers of Congress.

Congregationalists and Anglicans who, before 1776, had received public financial support, called their state benefactors "nursing fathers" (Isaiah 49:23). After independence they urged the state governments, as "nursing fathers," to continue succoring them.

Knowing that in the egalitarian, post-independence era, the public would no longer permit single denominations to monopolize state support, legislators devised "general assessment schemes." Religious taxes were laid on all citizens, each of whom was given the option of designating his share to the church of his choice. Such laws took effect in Massachusetts, Connecticut, and New Hampshire and were passed but not implemented in Maryland and Georgia.

After a general assessment scheme was defeated in Virginia, an incongruous coalition of Baptists and theological liberals united to sunder state from church. However, the outcome in Virginia of the state-church debate did not, it should be remembered, represent the views of the majority of American states that wrestled with this issue in the 1780s.

1. Nursing Fathers

During the debates in the 1780s about the propriety of providing financial support to the churches, those who favored state patronage of religion urged their legislators, in the words of petitioners from Amherst County, Virginia, in 1783, not "to think it beneath your Dignity to become Nursing Fathers of the Church."

This idea was an old one, stretching back to the dawn of the Reformation. The term itself was drawn from Isaiah 49:23, in which the prophet commanded that "kings shall be thy nursing fathers, and their queens thy nursing mothers."

The responsibilities of the state were understood in an early work like Bishop John Jewel's Apologie of the Church of England (1562) to be comprehensive, including imposing the church's doctrine on society.

The term "nursing father" was used in all American colonies with established churches. It appeared in the Cambridge Platform of 1648, the "creed" of New England Congregationalism; in numerous Anglican writings; and in the Presbyterian Westminster Confession.

By the time of the American Revolution, the state was no longer expected to maintain religious uniformity in its jurisdiction, but it was expected to use its resources for the churches' benefit.

2. Church and state debate: Massachusetts

After independence the American states were obliged to write constitutions establishing how each would be governed. In no place was the process more difficult than in Massachusetts.

For three years, from 1778 to 1780, the political energies of the state were absorbed in drafting a charter of government that the voters would accept. A constitution prepared in 1778 was decisively defeated in a public referendum. A new convention convened in 1779 to make another attempt at writing an acceptable draft.

One of the most contentious issues was whether the state would support religion financially. Advocating such a policy--on the grounds that religion was necessary for public happiness, prosperity, and order--were the ministers and most members of the Congregational Church, which had been established, and hence had received public financial support, during the colonial period.

The Baptists, who had grown strong since the Great Awakening, tenaciously adhered to their ancient conviction that churches should receive no support from the state. They believed that the Divine Truth, having been freely received, should be freely given by Gospel ministers.

The Constitutional Convention chose to act as nursing fathers of the church and included in the draft constitution submitted to the voters the famous Article Three, which authorized a general religious tax to be directed to the church of a taxpayers' choice. Despite substantial doubt that Article Three had been approved by the required two thirds of the voters, in 1780 Massachusetts authorities declared it and the rest of the state constitution to have been duly adopted.

3. Church and state debate: Virginia

In 1779 the Virginia Assembly deprived Church of England ministers of tax support. Patrick Henry sponsored a bill for a general religious assessment in 1784. He appeared to be on the verge of securing its passage when his opponents neutralized his political influence by electing him governor. As a result, legislative consideration of Henry's bill was postponed until the fall of 1785, giving its adversaries an opportunity to mobilize public opposition to it.

Arguments used in Virginia were similar to those that had been employed in Massachusetts a few years earlier. Proponents of a general religious tax, principally Anglicans, urged that it should be supported on "Principles of Public Utility" because Christianity offered the "best means of promoting Virtue, Peace, and Prosperity."

Opponents were led by Baptists, supported by Presbyterians (some of whom vacillated on the issue), and theological liberals. As in Massachusetts, they argued that government support of religion corrupted it. Virginians also made a strong libertarian case that government involvement in religion violated a people's civil and natural rights.

James Madison, the leading opponent of government-supported religion, combined both arguments in his celebrated Memorial and Remonstrance. In the fall of 1785, Madison marshaled sufficient legislative support to administer a decisive defeat to the effort to levy religious taxes.

In place of Henry's bill, Madison and his allies passed in January 1786 Thomas Jefferson's famous Act for Establishing Religious Freedom, which brought the debate in Virginia to a close by severing, once and for all, the links between government and religion.

3.1 Religious persecution in Virginia

In Virginia, religious persecution, directed at Baptists and, to a lesser degree, at Presbyterians, continued after the Declaration of Independence. The perpetrators were members of the Church of England, sometimes acting as vigilantes but often operating in tandem with local authorities.

Physical violence was usually reserved for Baptists, against whom there was social as well as theological animosity. A notorious instance of abuse in 1771 of a well-known Baptist preacher, "Swearin Jack" Waller, was described by the victim:

"The Parson of the Parish [accompanied by the local sheriff] would keep running the end of his horsewhip in [Waller's] mouth, laying his whip across the hymn book, etc. When done singing [Waller] proceeded to prayer. In it he was violently jerked off the stage; they caught him by the back part of his neck, beat his head against the ground, sometimes up and sometimes down, they carried him through the gate . . . where a gentleman [the sheriff] gave him . . . twenty lashes with his horsewhip."

The persecution of Baptists made a strong, negative impression on many patriot leaders, whose loyalty to principles of civil liberty exceeded their loyalty to the Church of England in which they were raised.

James Madison was not the only patriot to despair, as he did in 1774, that the "diabolical Hell conceived principle of persecution rages" in his native colony.

Accordingly, civil libertarians like James Madison and Thomas Jefferson joined Baptists and Presbyterians to defeat the campaign for state financial involvement in religion in Virginia.