Besides the danger of a direct mixture of religion and civil government, there is an evil which ought to be guarded against in the indefinite accumulation of property from the capacity of holding it in perpetuity by ecclesiastical corporations. The establishment of the chaplainship in Congress is a palpable violation of equal rights as well as of Constitutional principles. The danger of silent accumulations and encroachments by ecclesiastical bodies has not sufficiently engaged attention in the U.S.
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...<b>But besides the danger of a direct mixture of Religion & civil Government</b>, there is an evil which ought to be guarded agst in the indefinite accumulation of property from the capacity of holding it in perpetuity by ecclesiastical corporations.
...Is the appointment of Chaplains to the two Houses of Congress consistent with the Constitution, and with the pure principle of religious freedom?
In strictness the answer on both points must be in the negative. <b>The Constitution of the U. S. forbids everything like an establishment of a national religion</b>. The law appointing Chaplains establishes a religious worship for the national representatives, to be performed by Ministers of religion, elected by a majority of them; and these are to be paid out of the national taxes. Does not this involve the principle of a national establishment, applicable to a provision for a religious worship for the Constituent as well as of the representative Body, approved by the majority, and conducted by Ministers of religion paid by the entire nation.
The establishment of the chaplainship to Congs is a palpable violation of equal rights, as well as of Constitutional principles: <b>The tenets of the chaplains elected [by the majority] shut the door of worship agst the members whose creeds & consciences forbid a participation in that of the majority</b>.
...<b>Better also to disarm in the same way, the precedent of Chaplainships for the army and navy</b>, than erect them into a political authority in matters of religion.
[<i>Detached Memoranda, ca. 1817 W. & M. Q., 3d ser., 3:554 — 60 1946</i>]
We maintain therefore that in matters of Religion, no man’s right is abridged by the institution of Civil Society, and that <b>Religion is wholly exempt from its cognizance</b>. True it is, that no other rule exists, by which any question which may divide a Society, can be ultimately determined, but the will of the majority; but it is also true, that the majority may trespass on the rights of the minority.
...Because it is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. <b>Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever</b>?
...Because experience witnesseth that ecclesiastical establishments, instead of maintaining the purity and efficacy of Religion, have had a contrary operation. <b>During almost fifteen centuries has the legal establishment of Christianity been on trial. What have been its fruits? More or less in all places, pride and indolence in the Clergy, ignorance and servility in the laity, in both, superstition, bigotry and persecution</b>.
...What influence in fact have ecclesiastical establishments had on Civil Society? <b>In some instances they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances they have
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James Madison, the author of the First Amendment to the Constitution, prohibiting any law respecting an establishment of religion, was also an author of Article VI, which states unambiguously that “no religious test shall ever be required as a qualification to any office or public trust.” His later Detached Memoranda make it very plain that he opposed the government appointment of chaplains in the first place, either in the armed forces or at the opening ceremonies of Congress. “The establishment of the chaplainship to Congress is a palpable violation of equal rights, as well as of Constitutional principles.
It may not be easy, in every possible case, to trace the line of separation between the rights of religion and the Civil authority with such distinctness as to avoid collisions and doubts on unessential points. The tendency to usurpation on one side or the other, or to a corrupting coalition or alliance between them, <b>will be best guarded agst. by an entire abstinence of the Govt. from interference in any way whatsoever</b>, beyond the necessity of preserving public order, and protecting each sect agst. trespasses on its legal rights by others.
[<i>Letter to the Reverend Jasper Adams, January 1, 1832</i>]
I consider the official Catholic attitude on divorce, birth control, and censorship exceedingly dangerous to mankind.
[T]here remains [in some parts of the country] a strong bias towards the old error, that without some sort of alliance or coalition between Govt. & Religion neither can be duly supported. Such indeed is the tendency to such a coalition, and such its corrupting influence on both parties, that the danger cannot be too carefully guarded agst.
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View PlansThe danger of religious faith is that it allows otherwise normal human beings to reap the fruits of madness and consider them holy. Because each new generation of children is taught that religious propositions need not be justified in the way that all others must, civilization is still being besieged by the armies of the preposterous. We are, even now, killing ourselves over ancient literature. Who would have thought something so tragically absurd could be possible?
There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution.
What influence, in fact, have ecclesiastical establishments had on society? In some instances they have been seen to erect a spiritual tyranny on the ruins of the civil authority; on many instances they have been seen upholding the thrones of political tyranny; in no instance have they been the guardians of the liberties of the people. Rulers who wish to subvert the public liberty may have found an established clergy convenient auxiliaries. A just government, instituted to secure and perpetuate it, needs them not.
They knew that to put God in the constitution was to put man out. They knew that the recognition of a Deity would be seized upon by fanatics and zealots as a pretext for destroying the liberty of thought. They knew the terrible history of the church too well to place in her keeping or in the keeping of her God the sacred rights of man. They intended that all should have the right to worship or not to worship that our laws should make no distinction on account of creed. They intended to found and frame a government for man and for man alone. They wished to preserve the individuality of all to prevent the few from governing the many and the many from persecuting and destroying the few.
Religion is so frequently a source of confusion in political life, and so frequently dangerous to democracy, precisely because it introduces absolutes into the realm of relative values.
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Beware those who claim to know the mind of God and who are prepared to use force, if necessary, to make others conform. Beware those who cannot tell God's will from their own. Temple police are always a bad sign. When chaplains start wearing guns and hanging out at the sheriff's office, watch out. Someone is about to have no king but Caesar.
"Shall we suffer a Pagan to deal and trade with us, and shall we not suffer him to pray unto and worship God? If we allow the Jews to have private houses and dwellings amongst us, why should we not allow them to have synagogues? Is their doctrine more false, their worship more abominable, or is the civil peace more endangered by their meeting in public than in their private houses? But if these things may be granted to Jews and Pagans, surely the condition of any Christians ought not to be worse than theirs in a Christian commonwealth.
You will say, perhaps: "Yes, it ought to be; because they are more inclinable to factions, tumults, and civil wars." I answer: Is this the fault of the Christian religion? If it be so, truly the Christian religion is the worst of all religions and ought neither to be embraced by any particular person, nor tolerated by any commonwealth. For if this be the genius, this the nature of the Christian religion, to be turbulent and destructive to the civil peace, that Church itself which the magistrate indulges will not always be innocent."
Such [communistic] legislation may have a specious appearance of benevolence; men readily listen to it, and are easily induced to believe that in some wonderful manner everybody will become everybody's friend, especially when some one is heard denouncing the evils now existing in states, suits about contracts, convictions for perjury, flatteries of rich men and the like, which are said to arise out of the possession of private property. These evils, however, are due to a very different cause - the wickedness of human nature. Indeed, we see that there is much more quarrelling among those who have all things in common, though there are not many of them when compared with the vast numbers who have private property.
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