FREEDOM OF CONSCIENCE.

Article 1. Section 9. Between paragraphs two and three insert, "no

religion shall be established by law, nor shall the equal rights of

conscience be infringed."

Mr. SYLVESTER had some doubts of the propriety of the mode of expression

used in this paragraph. He apprehended that it was liable to a

construction different from what had been made by the committee. He

feared it might be thought to have a tendency to abolish religion

altogether.

Mr. VINING suggested the propriety of transposing the two members of the

sentence.

Mr. GERRY said, it would read better if it was, that no religious

doctrine shall be established by law.

Mr. SHERMAN thought the amendment altogether unnecessary, inasmuch as

Congress had no authority whatever delegated to them by the constitution

to make religious establishments; he would, therefore, move to have it

struck out.

Mr. CARROLL.--As the rights of conscience are, in their nature, of

peculiar delicacy, and will little bear the gentlest touch of

governmental hand; and as many sects have concurred in opinion, that

they are not well secured under the present constitution, he said he was

much in favor of adopting the words. He thought it would tend more

towards conciliating the minds of the people to the Government than

almost any other amendment he had heard proposed. He would not contend

with gentlemen about the phraseology, his object was to secure the

substance in such a manner as to satisfy the wishes of the honest part

of the community.

Mr. MADISON said, he apprehended the meaning of the words to be, that

Congress should not establish a religion, and enforce the legal

observation of it by law, nor compel men to worship God in any manner

contrary to their conscience. Whether the words are necessary or not, he

did not mean to say, but they had been required by some of the State

Conventions, who seemed to entertain an opinion that under the clause of

the constitution, which gave power to Congress to make all laws

necessary and proper to carry into execution the constitution, and the

laws made under it, enabled them to make laws of such a nature as might

infringe the rights of conscience, and establish a national religion; to

prevent these effects he presumed the amendment was intended, and he

thought it as well expressed as the nature of the language would admit.

Mr. HUNTINGTON said, that he feared, with the gentleman first up on this

subject, that the words might be taken in such a latitude as to be

extremely hurtful to the cause of religion. He understood the amendment

to mean what had been expressed by the gentleman from Virginia; but

others might find it convenient to put another construction upon it. The

ministers of their congregations to the eastward were maintained by the

contributions of those who belonged to their society; the expense of

building meeting-houses was contributed in the same manner. These things

were regulated by by-laws. If an action was brought before a Federal

Court on any of these cases, the person who had neglected to perform his

engagements could not be compelled to do it; for a support of ministers,

or building of places of worship, might be construed into a religious

establishment.

By the charter of Rhode Island, no religion could be established by law;

he could give a history of the effects of such a regulation; indeed the

people were now enjoying the blessed fruits of it. He hoped, therefore,

the amendment would be made in such a way as to secure the rights of

conscience, and a free exercise of the rights of religion, but not to

patronize those who professed no religion at all.

Mr. MADISON thought, if the word national was inserted before religion,

it would satisfy the minds of honorable gentlemen. He believed that the

people feared one sect might obtain a pre-eminence, or two combine

together, and establish a religion to which they would compel others to

conform. He thought if the word national was introduced, it would point

the amendment directly to the object it was intended to prevent.

Mr. LIVERMORE was not satisfied with that amendment; but he did not wish

them to dwell long on the subject. He thought it would be better if it

was altered, and made to read in this manner, that Congress shall make

no laws touching religion, or infringing the rights of conscience.

Mr. GERRY did not like the term national, proposed by the gentleman from

Virginia, and he hoped it would not be adopted by the House. It brought

to his mind some observations that had taken place in the conventions at

the time they were considering the present constitution. It had been

insisted upon by those who were called anti-federalists, that this form

of Government consolidated the Union; the honorable gentleman's motion

shows that he considers it in the same light. Those who were called

anti-federalists at that time complained that they had injustice done

them by the title, because they were in favor of a Federal government,

and the others were in favor of a national one; the federalists were for

ratifying the constitution as it stood, and the others not until

amendments were made. Their names then ought not to have been

distinguished by federalists and anti-federalists, but rats and

anti-rats.

Mr. MADISON withdrew his motion, but observed that the words "no

national religion shall be established by law," did not imply that the

Government was a national one; the question was then taken on Mr.

Livermore's motion, and passed in the affirmative, thirty-one for, and

twenty against it.

_Amendments to the Constitution._

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16) · 第 49 / 242 题