The Development of Religious Liberty in Connecticut by M. Louise Greene, Ph. D.

M >> M. Louise Greene, Ph. D. >> The Development of Religious Liberty in Connecticut

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With respect to the fifth point in the governor's address, the right
of suffrage, the Republicans and their allies demanded its extension
from householders haying real estate rated at $7 (40s.), or personal
estate of $134 (L40), to "men who pay small taxes, work on highways,
or do service in the militia."

In the fall of 1817, the reform party had forced the repeal of the
obnoxious Stand-Up Law, and it demanded that other restrictive
measures should be annulled. So bitter was the Federal antagonism in
the Council that during all the spring session of 1817, the
Tolerationists loudly complained that every reform measure proposed in
the House was lost in the Federal Senate. The committees to which
parts of the governor's speech had been referred for consideration did
little. That on taxation made a report in the fall recommending that a
careful investigation of conditions and resources should be made,
because, as capital sought investment, in banks, manufacturing, and
various commercial enterprises unknown to the earlier generations,
[ad] the fairness of the old system of taxation was lapsing. The mixed
committee, including several Tolerationists and having an Episcopal
chairman, that was to report upon the religious situation, gave no
encouragement to dissenters. The spring session allowed one barren act
to pass, the "Act to secure equal rights, powers, and privileges to
Christians of all denominations in this state." It enacted that
henceforth certificates should be lodged with the _town clerk,_
and permitted a come-outer to return to the society from which he had
separated. In the following spring, when an attempt was made to pass a
bill to supersede this act, it was maintained that the law of 1817
"did not effect the object or answer the desire of the aggrieved
party," for it retained the certificate clause and continued to deny
to dissenters the measure of religious liberty freely accorded to the
Established churches.

The Tolerationists were determined to carry the elections of 1818. In
the fall elections of 1817, they again had a majority of nearly two to
one in the House, and consequently the struggle was for the control of
the Senate. At the fall meetings, they placed in nomination their
candidates for senators, and all through the winter they agitated in
town meetings and in every other way the discussion of their
"Constitution and Reform Ticket." Party pamphlets were scattered
throughout the state. One of these, the most in favor, was "The
Politics of Connecticut: by a Federal Republican" (George H. Richards
of New London). At the spring elections of 1818, the Constitution and
Reform Ticket carried the day, seating the reflected governor and
lieutenant-governor, eight anti-Federal senators, and preserving the
anti-Federal majority in the House. The political revolution was
complete, and the preliminary steps towards the construction of a new
constitution were at once begun. [ae]

The governor's inaugural address specified the main task before the
Assembly in the following words:--

As a portion of the people have expressed a desire that the form
of civil government in this State should be revised, this highly
interesting subject will probably engage your [the Assembly's]
deliberations.... Considered merely as an instrument denning the
powers and duties of magistrates and rulers, the Charter may
justly be considered as unprovisional and imperfect. Yet it ought
to be recollected that what is now its greatest defect was
formerly a pre-eminent advantage, it being then highly important
to the people to acquire the greatest latitude of authority with
an exemption from British influence and control.

If I correctly comprehend the wishes which have been expressed by
a portion of our fellow citizens, they are now desirous, as the
sources of apprehension from external causes are at present
happily closed, that the Legislative, Executive and Judicial
authorities of their own government may be more precisely denned
and limited, and the rights of the people declared and
acknowledged. It is your province to dispose of this important
subject in such manner as will best promote general satisfaction
and tranquillity.

The House appointed a select committee of five to report upon the
revision of the form of civil government. The Council appointed
Hon. Elijah Boardman (Federalist) and Hon. William Bristol
(Tolerationist) to act as joint committee with several gentlemen
selected by the House. The joint committee reported that "the present
was a period peculiarly auspicious for carrying into effect the wishes
of our fellow-citizens,--the general desire for a revision and
reformation of the structure of our civil government and the
establishment of a Constitutional Compact" and "that the organization
of the different branches of government, the separation of their
powers,the tenure of office, the elective franchise, liberty of speech
and of the press, freedom of conscience, trial by jury, rights which
relate to these deeply interesting subjects, ought not to be suffered
to rest on the frail foundation of legislative will." [214]
Immediately, the House passed a bill requiring the freemen of the
towns to assemble in town meeting on the following Fourth of July "to
elect by ballot as many delegates as said towns now choose
representatives to the General Assembly," said delegates to meet in
constitutional convention at Hartford on the fourth Wednesday of the
following August (Aug. 26) for "the formation of a Constitution of
Civil Government for the people of this state." The bill further
declared that the constitution when "ratified by such majority of the
said qualified voters, convened as aforesaid, as shall be directed by
said convention, shall be and remain the Supreme Law of this State."
An attempt was made to substitute "one delegate" for "as many
delegates" as the towns sent. Upon the question in the convention, as
to what majority should be required for ratification, there was
considerable diversity of opinion. "Two-thirds of the whole number of
_towns"_ was suggested, but was opposed on the ground that
"two-thirds of the whole number of the _towns_ might not contain
one-fourth of the people." _"Three-fifths_ of the legal voters of
the state" was also suggested. In the final decision, the simple
"majority of the freemen" was accepted. Had this not been the case,
the constitution would have failed of ratification, for, as Burlington
made no returns, the vote stood 59 out of 120 towns for ratification,
with 13,918 yeas to 12,364 nays, giving a majority of but 1554.

Several causes tended to bring about an eager, an amiable, or tolerant
support of the work of the convention. Eepublicans and Tolerationists
hoped for sweeping reforms. The Federalists were divided. Many there
were who believed it dangerous for the state to continue destitute of
fundamental laws defining and limiting the powers of the legislature,
and to such as these the need of a bill of rights, and of the
separation of the powers of the government, was immediate and
imperative. The influential faction of the New Haven Federalists were
moved to modify any opposition existing among them by the proposed
change to annual sessions of the legislature with alternate sittings
in the two capitals. There were still other Federalists who accepted
the proposed change in government as inevitable, and who wisely
forebore to block it, preferring to use all their influence toward
saving as much as possible of the old institutions under new
forms. And in this resolve they were encouraged by the high character
of the men that all parties chose as delegates to the constitutional
convention.

The convention met August 26,1818, at Hartford. Governor Wolcott, one
of the delegates from Litchfield, was elected president, and Mr.
James Lanman, secretary. Mr. Pierpont Edwards was chosen chairman of a
committee of three from each county to draft a constitution. The
estimated strength of the parties was one hundred and five Republicans
to ninety-five Federalists, and, of the drafting committee, five
members belonged to the political minority. [af] An idea of the
character of the men chosen for this important task of framing a new
constitution is gained from a glance at some of the names. To begin
with, over thirty-nine of the delegates to the convention either were
Yale alumni or held its honorary degrees, and half of the drafting
committee were her graduates. Ex-Governor Treadwell and Alexander
Wolcott led the opposing parties, while their able seconds in command
were General Nathaniel Terry of Hartford and Pierpont Edwards of New
Haven. The latter still held the office of judge of the United States
District Court, to which Jefferson had appointed him. Among the
delegates, there were Mr. Amasa Learned, formerly representative in
Congress, the ex-chief-judges Jesse Root and Stephen Mix Mitchell,
Aaron Austin, a member of the Council for over twenty years until the
party elections of 1818 unseated him, ex-Governor John Treadwell, and
Lemuel Sanford,--all of whom had been delegates to the convention of
1788, called to ratify the constitution of the United States. Five
members of the drafting committee were state senators, namely:
Messrs. William Bristol, Sylvester Wells, James Lanman, Dr. John
S. Peters of Hebron, and Peter Webb of Windham. Five others,
Messrs. Elisha Phelps, Gideon Tomlinson, James Stevens, Orange Merwin,
and Daniel Burrows were afterwards elected to that office, while
Gideon Tomlinson and John S. Peters became in turn governors of the
state. James Lanman, Nathan Smith (a member also of the committee),
and Tomlinson entered the national Senate. Among the delegates, there
were nearly a dozen well-known physicians, most of them to be found
among the Tolerationists. Messrs. Webb, Christopher Manwaring of New
London, Gideon Tomlinson of Fairfield, and General Joshua King of
Ridgefield, together with Joshua Stow of Middletown (also on the
drafting committee), had been for years the warhorses of the
democracy, loyal followers of their leader Alexander Wolcott, who had
been the Republican state manager from 1800 to 1817.

The method of procedure in the convention was to report from time to
time a portion of the draft of the constitution, of which each article
was considered section by section, discussed, and amended. After each
of the several sections had been so considered, the whole article was
opened to amendment before the vote upon its acceptance was
taken. When all articles had been approved, the constitution was
printed as so far accepted, and was again submitted to revision and
amendment before receiving the final approval of the convention.

While the constitutional convention was in session, the Baptists and
Methodists resolved that no constitution of civil government should
receive their approbation and support unless it contained a provision
that should secure the full and complete enjoyment of religious
liberty. [2l5] And it was known that the Episcopalians were ready to
second such resolutions. These expressions of opinion were of weight
as foreshadowing the kind of reception that many of the towns where
the dissenters were in the ascendant would accord any constitution
sent to them for ratification.

In the convention both the old Federal leader and the old Democratic
chief objected to the incorporation in the constitution of a bill of
rights. Governor Treadwell opposed it on the ground that such
_"unalterable"_ regulations were unnecessary where, as in a
republic, all power was vested in the people. Alexander Wolcott
objected that such a "bill would circumscribe the powers of the
General Assembly" and also because of his disapproval of some of its
clauses. [216] When the draft of fourth section was under discussion,
namely that "No preference shall be given by law to any religious sect
or mode of worship," the Kev. Asahel Morse, a Baptist minister,
offered the substitute,--

That rights of conscience are inalienable, that all persons have a
natural right to worship Almighty God according to their own
consciences; and no person shall be compelled to attend any place
of worship, or contribute to the support of any minister, contrary
to his own choice.

The substitute was rejected, and after some discussion, the wording of
the section was changed by substituting "Christian" in place of
"religious" and this change retained in the final revision. [ag]

The seventh article, "Of Religion," was the subject of a long and
earnest debate.

Sec. 1. It being the right and duty of all men to worship the
Supreme Being, the great Creator and Preserver of the universe, in
the mode most consistent with the dictates of their own
consciences; no person shall be compelled to join or support, nor
by law be classed with or associated to any congregation, church
or religious association. And each and every society or
denomination of Christians in this State, shall have and enjoy the
same and equal powers, rights and privileges; and shall have power
and authority to support and maintain the Ministers or Teachers of
their respective denominations, and to build and repair houses for
public worship, by a tax on the members of the respective
societies only, or in any other manner.

Sec. 2. If any person shall choose to separate himself from the
society or denomination of Christians to which he may belong, and
shall leave written notice thereof with the Clerk of such society
he shall thereupon be no longer liable for any future expenses,
which may be incurred by said society.

The Federalists contested its passage at every point, and succeeded in
modifying the first draft in important particulars, but could not
prevent complete severance of Church and State, nor the constitutional
guarantee to all denominations of religious liberty and perfect
equality before the law. To the first clause as reported--"It being
the right and _duty_ of all men to worship the Supreme Being, the
Great Creator and Preserver of the Universe, in the mode most
consistent with the dictates of their consciences"--Governor Treadwell
objected that "Conscience may be perverted, and man may think it his
duty to worship his Creator by image, or as the Greeks and Romans did;
and though he would _tolerate_ all modes of worship, he would not
recognize it in the Constitution, as the _duty_ of a person to
worship as the heathen do." Mr. Tomlinson afterwards moved to amend
the clause to its present shape, "The duty of all men to
worship... and their right to render that worship." Governor Treadwell
objected that the same clause went "to dissolve all ecclesiastical
societies in this State. That was probably its intent as
Messrs. Joshua Stow and Gideon Tomlinson had drafted it. The former
answered all objections by asserting that "if this section is altered
_in any way_, it will curtail the great principles for which we
contend." [ah]

The first section was finally adopted by a vote of 103 to 86, while a
motion to strike out the second section was rejected by 105 to 84. On
its final revision it read:--

Sec. 1. It being the duty of all men to worship the Supreme Being,
the Great Creator and Preserver of the Universe, and their right
to render that worship in the mode most consistent with the
dictates of their consciences; no person shall, by law, be
compelled to join or support, nor be classed with, or associated
to, any congregation, church, or religious association. But every
person now belonging to such congregation, church, or religious
association, shall remain a member thereof, until he shall have
separated himself therefrom, in the manner hereinafter
provided. And each and every society or denomination of
Christians, in this state, shall have and enjoy the same and equal
powers, rights and privileges; and shall have power and authority
to support and maintain the ministers or teachers of their
respective denominations, and to build and repair houses for
public worship, by a tax on the members of any such society only,
to be laid by a major vote of the legal voters assembled at any
such society meeting, warned and held according to law, or in any
other manner. [ai]

During the last revision of the constitution Mr. Terry had offered the
two amendments that continue the old ecclesiastical societies as
corporate bodies. [217]

The draft of the whole constitution was read through for the last time
as amended and ready for acceptance or rejection, and put to vote on
September 15, 1818. It was passed by 134 yeas to 61 nays. The
constitution then went before the people for their consideration [aj]
and ratification. For a while its fate seemed doubtful; but by the
loyalty of the Federal members of the convention and their efforts in
their own districts the whole state gave a majority for
ratification. The southern counties, with a vote of 11,181, gave a
majority for ratification of 2843; the northern counties, with a vote
of 15,101, gave a majority _against_ ratification of 1189. [218]

The Toleration party as such had triumphed, and they felt that they
had won all they had promised the people, for they had secured "the
same and equal powers, rights and privileges to all denominations of
Christians." They had also cleared the way for a broader suffrage and
for the proper election laws to guarantee it. At the last two
elections the Republicans in the Toleration party had carefully
separated state and national issues, and had in large measure forborne
from criticism of the partisan government, insisting that the people's
decision at the polls would give them--the people--rather than any
political party, the power to correct existing abuses. The Republicans
also insisted that the Tolerationists, no matter what their previous
party affiliation, would with one accord obey the behests of the
sovereign people. But when the constitution was an assured fact the
Republicans felt that the Federalist influence had dominated the
convention, and the Federalists that altogether too much had been
accorded to the radical party. Nevertheless it was the loyalty of the
Federal members of the convention that won the small majority for the
Tolerationists and for the new constitution, even if that loyalty was
founded upon the belief, held by many, that the choice of evils lay in
voting for the new regime.

The constitution of 1818 was modeled on the old charter, and retained
much that was useful in the earlier instrument. The more important
changes were: (1) The clearer definition and better distribution of
the powers of government. (2) Rights of suffrage were established
upon personal qualifications, and election laws were guaranteed to be
so modified that voting should be convenient and expeditious, and its
returns correct. (3) The courts were reorganized, and the number of
judges was reduced nearly one half, while the terms of those in higher
courts were made to depend upon an age limit (that of seventy years),
efficiency, and good behavior. Their removal could be only upon
impeachment or upon the request of at least two thirds of the members
of each house. Judges of the lower courts, justices of the peace, were
still to be appointed annually by the legislature, and to it the
appointment of the sheriffs was transferred. [ak] (4) Amendments to
the constitution were provided for. (5) Annual elections and annual
sessions of the legislature, alternating between Hartford and New
Haven, were arranged for, and by this one change alone the state was
saved a yearly expense estimated at $14,000, a large sum in those
days. (6) The governor [al] was given the veto power, although a
simple majority of the legislature could override it. (7) The salaries
of the governor, lieutenant-governor, senators, and representatives
were fixed by statute, and were not alterable to affect the incumbent
during his term of office. (8) And finally, _the union of Church and
State was dissolved_, and all religious bodies were placed upon a
basis of voluntary support.

Among the minor changes, the law that before the constitution of 1818
had conferred the right of marrying people upon the located ministers
and magistrates only, thereby practically excluding Baptist, Methodist
and Universalist clergy, now extended it to these latter. While
formerly the only literary institution favored was Yale College,
Trinity College, despite a strong opposition, was soon given its
charter, and one was granted later to the Methodists for Wesleyan
College at Middletown. Moreover, the government appropriated to both
institutions a small grant. The teaching of the catechism, previously
enforced by law in every school, became optional. Soon a normal
school, free to all within the state, was opened. The support of
religion was left wholly to voluntary contributions. [am] The
political influence of the Congregational clergy was gone. "The lower
magistracy was distributed as equally as possible among the various
political and religious interests," and the higher courts were
composed of judges of different political opinions.

The battle for religious liberty was won, Church and State divorced,
politics and religion torn asunder. The day of complete religious
liberty had daw'ned in Connecticut, and in a few years the strongest
supporters of the old system would acknowledge the superiority of the
new. As the "old order changed, yielding place to new," many were
doubtful, many were fearful, and many there were who in after years,
as they looked backward, would have expressed themselves in the frank
words of one of their noblest leaders: [an] "For several days, I
suffered what no tongue can tell _for the best thing that ever
happened to the State of Connecticut."_

FOOTNOTES:

[a] Party names were "American," "American and Toleration,"
"Toleration and Reform."

[b] Three fourths of Connecticut's exports were products of
agriculture.

[c] "All institutions, civil, literary and ecclesiastical, felt the
pressure, and seemed as if they must he crushed. Our schools, churches
and government even, in the universal impoverishment, were failing and
the very foundations were shaken, when God interposed and took off the
pressure."--Lyman Beecher, _Autobiography_, i, 266.

[d] The Massachusetts militia were placed under General Dearborn,
August 5, 1812.

[e] Governor Griswold died Octoher, 1812, and was succeeded in office
by Lieutenant-Governor John Cotton Smith.

[f] The direct tax laid July 22-24,1813, by the national government,
was apportioned in September, as follows: To Massachusetts,
$316,270.71; to Rhode Island, $34,702.18; and to Connecticut,
$118,167.71, divided as follows (which shows the relative wealth of
the different sections of the state), Litchfield, $19,065.72;
Fairfield, $18,810.50; New Haven, $16,723.10; Hartford, $19,608.02;
New London, $13,392.04; Middlesex, $9,064.20; Windham, $14,524.38; and
Tolland, $6,984.69. Duties were levied upon refined sugar, carriages,
upon licenses to distilleries, auction sales of merchandise and
vessels, upon retailers of wine, spirits, and foreign merchandise;
while a stamp tax was placed upon notes and bills of exchange.--See
_Niles Register_, v, 17; _Schouler_, ii, 380. The tax in
1815 was $236,335.41.--_Niles_, vii, 348.

[g] Briefly, an independent Indian nation between Canada and the
United States; no fleets or military posts on the Great Lakes, and no
renunciation of the English rights of search and impressment.

[h] The April (1815) session of the Connecticut legislature passed an
"Act to secure the rights of parents, masters and guardians." It
declared the proposed legislation in Congress contrary to the spirit
of the Constitution of the United States, and an unauthorized
interference with state rights. It commanded all state judges to
discharge on habeas corpus all minors enlisted without consent of
parents or guardians, and it enacted a fine, not to exceed five
hundred dollars, upon any one found guilty of enlisting a minor
against the consent of his guardian, and a fine of one hundred dollars
for the advertising or publication of enticements to minors to enlist.

[i] "Amendments: (1) Restrictions npon Congress requiring a two thirds
vote in making and declaring war, (2) in laying embargoes, and (3) in
admitting new states. (4) Restriction of the presidential office to
one term without reelection, and with no two successive Presidents
from the same state. (5) Reduction of representation and taxation by
not reckoning the blacks in the slave states. (6) No foreign born
citizen should be eligible to office.

[j] "They advocated nullification and threatened dissolution of the
Union."--J. P. Gordy, _Political History of the United States_,
ii, 299.

[k] The President in March, 1812, sent to Congress the documents for
which he had paid one John Henry $50,000. The latter claimed to be an
agent sent from Canada in 1809 to detach New England Federalists from
their allegiance to the Union. Congress by resolution proclaimed the
validity of the documents. The British minister solemnly denied all
knowledge of them on the part of his government. The American people
believed in their authenticity, which belief was confirmed during the
war by the distinct favor shown for a while to Massachusetts, and by
the hope, openly entertained by England, of separating New England
from New York and the southern states.

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