Virginia Statute
of Religious Freedom by Thomas Jefferson
James Madison wrote
that the Virginia Statute of Religious Freedom "is a true standard
of Religious liberty: its principle is the great barrier against usurpations
on the right of conscience. As long as it is respected & no longer,
these will be safe. Every provision for them short of this principle,
will be found to leave crevices at least thro' which bigotry may introduce
persecution; a monster, that feeding & thriving on its own venom,
gradually swells to a size and strength overwhelming all laws divine &
human." (Madison: Detached Memoranda) |
Notes
in text:
T.J. wrote, Va. Assembly deleted:
1) the opinions and
belief of men depend not on their own will, but follow involuntarily the
evidence proposed to their minds; that
2) and manifested
his supreme will that free it shall remain by making it altogether insusceptible
to restraint;
3) but to exalt it
by its influence on reason alone;
4) and abhors,
5) that the opinions
of men are not the object of civil government, nor under its jurisdiction;
Madison's
Statement
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I.
WHEREAS (1
Almighty God hath created the mind free; (2
- that
all attempts to influence it by temporal punishment or burthens, or
by civil incapacitations, tend only to beget habits of hypocrisy and
meanness and are a departure from the plan of the Holy Author of our
religions, who being Lord both of body and mind, yet chose not to propagate
it by coercions on either, as was in his Almighty power to do (3;
- that
the impious presumption of legislators and rulers, civil as well as
ecclesiastical, who being themselves but fallible and uninspired men,
have assumed dominion over the faith of others, setting up their own
opinions and modes of thinking as the only true and infallible, and
as such endeavouring to impose them on others, hath established and
maintained false religions over the greatest part of the world, and
through all time;
- that
to compel a man to furnish contributions of money for the propagation
of opinions which he disbelieves (4, is sinful and tyrannical;
- that
even the forcing him to support this or that teacher of his own religious
persuasion is depriving him of the comfortable liberty of giving his
contributions to the particular pastor whose morals he would make his
pattern, and whose powers he feels most persuasive to righteousness,
- and is withdrawing from the ministry those temporary rewards, which
proceeding from an approbation of their personal conduct, as an additional
incitement to earnest and unremitting labours for the instruction of
mankind;
- that
our civil rights have no dependence on our religious opinions, any more
than our opinions in physics or geometry;
- that therefore the proscribing any citizen as unworthy the public
confidence by laying upon him an incapacity of being called to offices
of trust and emolument, unless he profess or renounce this or that religious
opinion, is depriving him injuriously of those privileges and advantages
to which in common with his fellow-citizens he has a natural right,
- that it tends only to corrupt the principles of that religion it is
meant to encourage, by bribing with a monopoly of worldly honours and
emoluments, those who will externally profess and conform to it;
- that though indeed these are criminal who do not withstand such temptation,
yet neither are those innocent who lay the bait in their way; (5
- that to suffer (let) the civil magistrate to intrude his powers
into the field of opinion, and to restrain the profession or propagation
of principles on supposition of their ill tendency, is a dangerous fallacy,
which at once destroys all religious liberty, because he being of course
judge of that tendency will make his opinions the rule of judgment,
and approve or condemn the sentiments of others only as they shall square
with or differ from his own;
- that it is time enough for the rightful purposes of civil government,
for its officers to interfere when principles break into overt acts
against peace and good order; and finally,
- that truth is great and will prevail if left to herself, that she
is the proper and sufficient antagonist to error, and has nothing to
fear from the conflict, unless by human interposition disarmed of her
natural weapons, free argument and debate, errors ceasing to be dangerous
when it is permitted freely to contradict them.
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II. Be it enacted by the General Assembly that no man shall be compelled
to frequent or support any religious worship, place, or ministry whatsoever,
nor shall be enforced, restrained, molested, or burthened in his body
or goods, nor shall otherwise suffer on account of his religious opinions
or belief; that all men shall be free to profess and by argument to maintain,
their opinion in matters of religion, and that the same shall in no wise
diminish, enlarge or affect their civil capacities.
III. 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, that therefore to declare this act to be irrevocable would be of
no effect in law; yet as 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 hereafter be passed to repeal the present, or to narrow
its operation, such act will be an infringement of
natural right.
Written by Thomas
Jefferson in 1777, introduced in the Virginia Assembly each session; passed
in 1786 due to Jmes Madison's work while Jefferson was American Ambassador
to France.
The numbers in section
I were added by John F. Yeaman to break up the single, long sentence so
it is more readable, and for reference in discussion. |