The Virginia Act For Establishing Religious Freedom

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The Virginia Act For Establishing Religious Freedom
Thomas Jefferson, 1786
I
Well aware that Almighty God hath created the mind free; that
all attempts to influence it by temporal punishments or burdens,
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 religion, 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; 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 endeavoring 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, 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
II
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 temporal rewards, which
proceeding from an approbation of their personal conduct, are
an additional incitement to earnest and unremitting labors for
the instruction of mankind; that our civil rights have no
dependence on our religious opinions, 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 the 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 also to corrupt the principles of that very religion it
is meant to encourage, by bribing, with a monopoly of worldly
honors and emoluments, those who will externally profess and
conform to it; that though
III
indeed these are criminal who do not withstand such
temptation, yet neither are those innocent who lay the bait in
their way; that to suffer the civil magistrate to intrude his
powers into the field of opinion and to restrain the profession or
propagation of principles, on the 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 out 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.
IV
Be it therefore 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 burdened in his body or goods, nor shall
otherwise suffer on account of his religious opinions or belief;
but that all men shall be free to profess, and by argument to
maintain, their opinions in matters of religion, and that the
same shall in nowise diminish, enlarge, or affect their civil
capacities.
And though we well know this Assembly, elected by the people
for the ordinary purposes of legislation only, have no powers
equal to our own and that therefore to declare this act
irrevocable would be of no effect in law, yet 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 be
hereafter passed to repeal the present or to narrow its
operation, such act will be an infringement of natural right.
IVa
Be it therefore 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 burdened
in his body or goods, nor shall otherwise
suffer on account of his religious opinions or
belief; but that all men shall be free to
profess, and by argument to maintain, their
opinions in matters of religion, and that the
same shall in nowise diminish, enlarge, or
affect their civil capacities.
IVb
And though we well know this Assembly,
elected by the people for the ordinary
purposes of legislation only, have no powers
equal to our own and that therefore to
declare this act irrevocable would be of no
effect in law, yet 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 be hereafter passed to repeal
the present or to narrow its operation, such
act will be an infringement of natural right.
Be it therefore 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 burdened in his body or goods, nor shall
otherwise suffer on account of his religious opinions or belief;
but that all men shall be free to profess, and by argument to
maintain, their opinions in matters of religion, and that the
same shall in nowise diminish, enlarge, or affect their civil
capacities.
And though we well know this Assembly, elected by the people
for the ordinary purposes of legislation only, have no powers
equal to our own and that therefore to declare this act
irrevocable would be of no effect in law, yet 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 be
hereafter passed to repeal the present or to narrow its
operation, such act will be an infringement of natural right.
The Virginia Act For Establishing
Religious Freedom
Thomas Jefferson, 1786
Well aware …
…That no man shall be compelled to
frequent or support any religious worship,
place, or ministry whatsoever, nor shall be
enforced, restrained, molested, or burdened
in his body or goods, nor shall otherwise
suffer on account of his religious opinions or
belief; but that all men shall be free to
profess, and by argument to maintain, their
opinions in matters of religion, and that the
same shall in nowise diminish, enlarge, or
affect their civil capacities.
Some believe Thomas Paine wrote the
original draft from which Jefferson and
Adams copied the earliest surviving drafts
[which contained stern denunciations
against human slavery typical of Paine but
not of Jefferson.]
And though we well know this Assembly,
elected by the people for the ordinary
purposes of legislation only, have no powers
equal to our own and that therefore to
declare this act irrevocable would be of no
effect in law, yet 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 be hereafter passed to repeal
the present or to narrow its operation, such
act will be an infringement of natural right.
Jefferson's Act for Establishing Religious Freedom
This act, the title of which Jefferson directed to be
inscribed on his tombstone as comparable in
importance to the Declaration of Independence, does
not exist in a handwritten copy. The version shown here
was printed as a broadside in London in 1786 by the
great civil libertarian and friend of America, Dr. Richard
Price, who wrote the introduction and made changes in
the text. Jefferson evidently wrote the Bill for
Establishing Religious Freedom in 1777 as a part of his
project to revise the laws of his state. The Bill was
debated in the General Assembly in 1779 and was
postponed after passing a second reading. Madison
revived it as an alternative to Henry's general
assessment bill and guided it to passage in the Virginia
Assembly in January 1786.
absolutely essential in a free society.
The Virginia Act For Establishing Religious Freedom
Thomas Jefferson, 1786
Well aware that Almighty God hath created the mind free; that all attempts to influence it
by temporal punishments or burdens, 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
religion, 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; 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 endeavoring 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, 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 temporal rewards, which proceeding from an
approbation of their personal conduct, are an additional incitement to earnest and
unremitting labors for the instruction of mankind; that our civil rights have no dependence
on our religious opinions, 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 the 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
also to corrupt the principles of that very religion it is meant to encourage, by bribing, with
a monopoly of worldly honors 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; that to suffer the civil magistrate to intrude his
powers into the field of opinion and to restrain the profession or propagation of principles,
on the 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 out 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.
Be it therefore 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 burdened in his body or goods, nor shall otherwise
suffer on account of his religious opinions or belief; but that all men shall be free to profess,
and by argument to maintain, their opinions in matters of religion, and that the same shall
in nowise diminish, enlarge, or affect their civil capacities.
And though we well know this Assembly, elected by the people for the ordinary purposes of
legislation only, have no powers equal to our own and that therefore to declare this act
irrevocable would be of no effect in law, yet 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 be
hereafter passed to repeal the present or to narrow its operation, such act will be an
infringement of natural right.
The Virginia Act For Establishing Religious Freedom
Thomas Jefferson, 1786
Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, 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 religion, 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; 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 endeavoring 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, 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 temporal rewards, which proceeding from an approbation of their personal conduct, are an
additional incitement to earnest and unremitting labors for the instruction of mankind; that our civil rights have no dependence on
our religious opinions, 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 the 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 also to corrupt the principles of that very religion it is meant to encourage,
by bribing, with a monopoly of worldly honors 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; that
to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of
principles, on the 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 out 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. Be it therefore 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
burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be
free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in nowise diminish,
enlarge, or affect their civil capacities.
And though we well know this Assembly, elected by the people for the ordinary purposes of legislation only, have no powers
equal to our own and that therefore to declare this act irrevocable would be of no effect in law, yet 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 be hereafter passed to
repeal the present or to narrow its operation, such act will be an infringement of natural right.
The Virginia Act For Establishing Religious Freedom
Thomas Jefferson, 1786
Well aware …
…That no man shall be compelled to frequent or support any
religious worship, place, or ministry whatsoever, nor shall be
enforced, restrained, molested, or burdened in his body or
goods, nor shall otherwise suffer on account of his religious
opinions or belief; but that all men shall be free to profess, and
by argument to maintain, their opinions in matters of religion,
and that the same shall in nowise diminish, enlarge, or affect
their civil capacities.
And though we well know this Assembly, elected by the people
for the ordinary purposes of legislation only, have no powers
equal to our own and that therefore to declare this act
irrevocable would be of no effect in law, yet 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 be
hereafter passed to repeal the present or to narrow its
operation, such act will be an infringement of natural right.
“The constitutional freedom of religion [is] the most inalienable
and sacred of all human rights.”
Thomas Jefferson
A brief Introduction of Freedom of religion on Article 11
The religious belief, or non-belief, is such an important part of
every person's life, freedom of religion affects every individual.
Religious institutions that use government power in support of
them and force their views on persons of other faiths, or of no
faith, undermine all our civil rights. In Malaysia, it is erecting the
“wall of separation between Federal Constitution or the Civil
Court and Syariah Court,” therefore, is absolutely essential to
examine this issue especially in a secular state. However, it
must be noted that Religious freedom is basic to the nature of
man and is deeply rooted in our social life. ‘The movement for
“freedom of belief” precedes every other in the history of the
struggle for human rights and fundamental freedom’.
"Because religious belief, or non-belief, is such an important part
of every person's life, freedom of religion affects every individual.
Religious institutions that use government power in support of
themselves and force their views on persons of other faiths, or of
no faith, undermine all our civil rights. Moreover, state support of
an established religion tends to make the clergy unresponsive to
their own people, and leads to corruption within religion itself.
Erecting the 'wall of separation between church and state,'
therefore, is absolutely essential in a free society."
~Thomas Jefferson
The spirit of resistence to government is
so valuable on certain occasions that I
wish it to be kept alive. It will often be
exercised wrong, but better so than not
to be exercised at all
Thomas Jefferson Letter to Abigail
Adams 2 Feb 1787
Moreover, state support of the church tends
to make the clergy unresponsive to the
people and leads to corruption within religion.
Erecting the "wall of separation between
church and state," therefore, is absolutely
essential in a free society.
What all agree upon is probably right;
what no two agree on most probably is
wrong.
Jefferson's Axiom, in a letter to John
Adams, 1817
Moreover, state support of the church tends
to make the clergy unresponsive to the
people and leads to corruption within religion.
Erecting the "wall of separation between
church and state," therefore, is absolutely
essential in a free society.
What all agree upon is probably right;
what no two agree in most probably is
wrong.
-- Thomas Jefferson, Jefferson's
Axiom, in a letter to John Adams, 11
January 1817, quoted from Lester
Cappon, ed. The Adams-Jefferson
Letters (1959) p. 445
We hold these truths to be self-evident, that all
men are created equal; that they are endowed by
their Creator with inherent and inalienable rights;
that among these, are life, liberty, and the pursuit
of happiness; that to secure these rights,
governments are instituted among men, deriving
their just powers from the consent of the
governed; that whenever any form of government
becomes destructive of these ends, it is the right
of the people to alter or abolish it, and to institute
new government, laying its foundation on such
principles, and organizing its powers in such
form, as to them shall seem most likely to effect
their safety and happiness.
We hold these truths to be self-evident, that all men are created equal;
that they are endowed by their Creator with inherent and inalienable
rights; that among these, are life, liberty, and the pursuit of happiness;
that to secure these rights, governments are instituted among men,
deriving their just powers from the consent of the governed; that
whenever any form of government becomes destructive of these ends,
it is the right of the people to alter or abolish it, and to institute new
government, laying its foundation on such principles, and organizing its
powers in such form, as to them shall seem most likely to effect their
safety and happiness.
-- Declaration of Independence as originally written by Thomas
Jefferson, 1776. ME 1:29, Papers 1:315 (Some believe Thomas Paine
wrote the original draft from which Jefferson and Adams copied the
earliest surviving drafts [which contained stern denunciations against
human slavery typical of Paine but not of Jefferson, and that it contains
word usage typical of Paine's writings but not of Jefferson's], and that
this was the secret which Paine, in a letter, assured George
Washington that he had "ever been dumb on everything which might
touch national honor" and would remain so. Since it was Jefferson's
appointed duty to draft the Declaration, it behooved them not to divulge
that it came from another's pen, though everyone during those times
agreed that Paine's pen was the most elequent of that era. [Arguments
derived from Joseph Lewis.])
We have solved ... the great and interesting
question whether freedom of religion is
compatible with order in government and
obedience to the laws. And we have
experienced the quiet as well as the comfort
which results from leaving every one to
profess freely and openly those principles of
religion which are the inductions of his own
reason and the serious convictions of his own
inquiries
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Thomas Jefferson (17431826)
The third President of the United States (1801-1809)
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