CHAPTER I
THEUNDERMINING OFPURITANSTANDARDS ANDINSTITUTIONS
Back of the War of Independence was the less absorbing but scarcely less harrowing contest of the French and Indian War. Thus for a period of fully thirty years the people of New England had been subjected to the rough and unsettling experiences of military life. This consideration, taken in connection with the fact that a growing declension from the standards of the Puritan fathers had been the occasion of increasing comment and concern from the middle of the seventeenth century on,[4]will make explicablethe fact that the average citizen of New England emerged from the Revolutionary struggle with the edge of his conscience dulled. The secularizing spirit of the post-Revolutionary period, when questions of national organization and unity, of the rehabilitation of commerce and industry, and of international relations and policies were foremost in the thought of the day, left marks upon the human spirit over which stern and rigorous adherents to the old order wept copiously and long. For one thing, the lives of the men and women of New England were never again to be as barren of diversified interests as they had been in the past. The successful issue of the struggle for political independence had so enlarged the mind of the common man that he of necessity entertained considerations of private desire and of public policy which he formerly would have rejected entirely. The avenue of retreat to the ancient simplicity and seclusion was forever closed.
The soundness of this estimate of the rapid disintegration of Puritanism will be apparent if the changing attitude of the people on the subject of theatrical entertainments is considered.[5]As early as the year 1750 the General Court of Massachusetts had found it necessary to enact legislation to prevent stage-plays and other theatrical entertainments.[6]That Puritan standards dominated the situation at the time is evidenced both by the reasons advanced by the framers of the law for its enactment and by the stringent penaltiesattached to it. The justification of the measure was found in the economic waste, the discouraging effect upon industry and frugality, and the deleterious effect upon morality and religion which stage-plays were believed to exercise. The penalties imposed called for a fine of twenty pounds upon any owner of property who permitted his property to be used for such purposes, while a fine of five pounds was to be assessed upon any actor or spectator found in attendance upon or participating in any such exercises where more than twenty persons were assembled together.[7]How meekly the craving for pleasurable excitement bowed its head in submission, there is no evidence to show; but it is very clear that as the century drew toward its close the people of Massachusetts began to manifest a decidedly intractable spirit with respect to legislative control of their amusements and pleasures.
The days of the Revolution supplied thrills of their own, and the colonists gave themselves in devotion to their great task-at-arms, with little desire for the amenities of life. Accordingly, when the Continental Congress, on October 16, 1778, passed a resolution deprecating every species of public entertainment which would be likely to divert the minds of the people from the considerations of public defence and the safeguarding of their liberties,[8]there wasnothing singular about the episode, and we may believe readily that the people of New England, fortified by their grim spirit of determination and their long tradition of self-denial, in no sense fell short of the general standard. But by the year 1790 the people living in and about Boston had come to a very different state of mind. In that year by petition to the General Court they sought to have the prohibitory act of 1750 revoked.[9]The incident has importance because it registers a determined effort to feed desires whose hunger-pains had grown insistent.
The history of this particular effort to remove legislative restrictions in the way of harmless amusements is illuminating. The petition referred to received scant consideration at the hands of the legislators of Massachusetts. The following year certain gentlemen of Boston, to the number of thirty-nine, presented a memorial to the selectmen of that city, requesting that a vote of the citizens be taken on the questions of permitting the erection and use of a building for theatrical entertainments, and the issuing of instructions to Boston’s representatives in the legislature calling for the repeal of the obnoxious law. Apparently the plebiscite was not taken; but the general question was debated in town meeting. A committee was appointed to prepare instructions. The committee reported favorably concerning the proposed instructions to Boston’s representatives in the legislature, and these representatives later undertook the task of bringing a majority of the members of the General Court to the more liberal point of view; not, however, with immediate success. Meanwhile, to the scandal of Governor John Hancock, and doubtless many another advocate of decency and order, theatrical entertainments, “under theStile & Appellation of Moral Lectures,”[10]flourished openly in Boston.[11]
It was during the progress of the debate in the legislature over the proposed repeal of the law against theatrical entertainments that John Gardiner, one of Boston’s representatives in that body, delivered himself of sentiments touching what he styled “the illiberal, unmanly, and despotic act” of 1750. His speech gave evidence of how fresh and independent the judgments of some minds had come to be. Addressing the presiding officer, Gardiner said:
Sir! I really and truly venerate; I would rather say, I sincerely and almost enthusiastically admire the many great and splendid virtues of our renowned puritan ancestors … ; but still, Sir, they were only men; and, like all other men, were fallible; liable to frailties, to prejudices, and to error. Some errors, and some unjust prejudices, they undoubtedly had. Would to God a veil was drawn over all their absurd prejudices which, like spots in the sun, tend in some small degree to bedarken and obscure the otherwise truly-resplendent glories of their character. One of these prejudices, in my opinion, was their inveterate opposition and abhorrent aversion to the theatre.[12]
Sir! I really and truly venerate; I would rather say, I sincerely and almost enthusiastically admire the many great and splendid virtues of our renowned puritan ancestors … ; but still, Sir, they were only men; and, like all other men, were fallible; liable to frailties, to prejudices, and to error. Some errors, and some unjust prejudices, they undoubtedly had. Would to God a veil was drawn over all their absurd prejudices which, like spots in the sun, tend in some small degree to bedarken and obscure the otherwise truly-resplendent glories of their character. One of these prejudices, in my opinion, was their inveterate opposition and abhorrent aversion to the theatre.[12]
That Gardiner was the spokesman of a very considerable number of citizens is demonstrated by the fact that on March 28, 1793, a bill drawn to take the place of the older legislation against theatrical amusements and granting specifically to the people of Boston the right to erect a theatre and to have “stage plays performed under certain regulations and restrictions,” was enacted by the legislature ofMassachusetts.[13]It is very evident that public sentiment had veered round to a radically new and different view respecting the place and function of the theatre. So much so, indeed, that some who sought to shape the thought and determination of the times recommended the establishment of the theatre as the only possible way of drawing the desires and interests of the people away from grosser and more injurious excitements toward which, it was believed, an alarming growth of frivolity and lack of moral concern was rapidly sweeping the people of New England.[14]
This alleged declension of morals may be more vitally viewed from the standpoint of the subject of intemperance.Convivial habits were a fixed part of the New England character, and the sin of drunkenness was as old as the settlement of the country. The practice of brewing was numbered among the employments of the first settlers.[15]Rum was generally used by the people, and the commercial life of the colonies was inextricably woven with its importation and exportation.[16]Cider was the native New England beverage.[17]The importation of wine was large from the first.[18]A general tendency in the direction of increased habits of drinking was to be expected.[19]
The period of the Revolution made its own specialcontribution to the gravity of the case. The soldiers of the Continental armies received regular rations of liquor,[20]and at the expiration of the war carried back to their respective communities the habits of intemperance which in many cases their army life had strengthened. Rum was more and more coming to be regarded as one of the necessities of life;[21]and with the revival of industry and commerce after the war the business of distilling mounted rapidly to amazing proportions.[22]
A growing uneasiness over the social and economicconsequences involved in the spread of alcoholism is apparent. Under the date of July 29, 1789, the Reverend Jeremy Belknap, minister of the church in Long Lane, Boston, is found writing thus to Dr. Benjamin Rush, Philadelphia’s celebrated physician and early apostle of temperance reform:
With respect to spirituous liquors I believe some good has been done, but much more remains to be done. The distilleries here are so ready a source of gain, that, till theauri sacra famesshall cease to be a ruling passion, I fear there will no end be put to them. The demand from abroad I am told increases, particularly from the north of Europe, & while the stills are kept going there will be a large home consumption. In an excursion of about 80 miles into the country a few weeks since, I met many loads of pot & pearl ashes coming down, & on my return the teams which I met were loaded with dry fish, hogsheads of salt, & barrels of rum. The thirst for spirits in the back country is so ardent, that in the fall & winter they will sell their wheat for this sort of pay, & then in the spring and summer following go 40 or 50 miles after bread. However, we do what we can by way of precept & example, & we do not intend to be discouraged.[23]
With respect to spirituous liquors I believe some good has been done, but much more remains to be done. The distilleries here are so ready a source of gain, that, till theauri sacra famesshall cease to be a ruling passion, I fear there will no end be put to them. The demand from abroad I am told increases, particularly from the north of Europe, & while the stills are kept going there will be a large home consumption. In an excursion of about 80 miles into the country a few weeks since, I met many loads of pot & pearl ashes coming down, & on my return the teams which I met were loaded with dry fish, hogsheads of salt, & barrels of rum. The thirst for spirits in the back country is so ardent, that in the fall & winter they will sell their wheat for this sort of pay, & then in the spring and summer following go 40 or 50 miles after bread. However, we do what we can by way of precept & example, & we do not intend to be discouraged.[23]
The correspondence which the Reverend Bulkley Olcott, minister of the church in Charlestown, New Hampshire, had with Belknap is of like import.[24]He had tried to obtain accurate statistical information from the Excise Master as to the quantity of spirituous liquors consumed in his county, and had not succeeded. However, it is a matter of his personal knowledge that many good estates have been squandered through drinking, and much time, labor, and health, and many lives destroyed in the same way. Herecognizes that many concurring circumstances come to the aid of spirituous liquors in working fatal results; still the general abuse of drink is declared to be one of the heaviest and most threatening evils under which the country groans.
The taverns of the day on all public occasions,[25]and frequently in the ordinary course of their business, were filled with gambling, carousing, drinking crowds. The extent to which the great occasions of state were seized upon as opportunities for open and shameless drinking had become a scandal. The custom of granting a certain allowance of rum per day to laborers was honored in at least some sections of the country.[26]Accidental deaths due to drunkenness, and cases of suicide and insanity traceable to the same cause, were frequently reported.[27]All classes of society,young and old, rich and poor, men and women, fell victims to the great scourge. The colleges were not immune. At Yale, wine and liquors were kept in the rooms of many of the students and intemperance was one of the commonest of student faults.[28]Clergymen, though generally restraining themselves from gross indulgence, were accustomed to feel that the spirit of conviviality and the discussion of the affairs of church and state went hand in hand;[29]and now and then the bounds of propriety were overstepped.
Other unfavorable aspects of the situation may be found in the habits of card-playing and gambling which everywhere prevailed, and in the frequent allusions to instances of social vice and illegitimacy with which the pages of the diary of such a careful observer as the Reverend William Bentley were laden.[30]
The opinion that the social life of the period was desperately unsound was accepted without question by many a so-called interpreter of the times. The observations which President Timothy Dwight, of Yale, made in his Century Sermon[31]expressed the views of many minds. Dating “the first considerable change in the religious character of the people of this country” with the beginning of the French and Indian War,[32]he continued:
The officers and soldiers of the British armies, then employed in this country, although probably as little corrupted as those of most armies, were yet loose patterns of opinion and conduct, and were unhappily copied by considerable numbers of our own countrymen, united with them in military life. These, on their return, spread the infection through those around them. Looser habits of thinking began then to be adopted, and were followed, as they always are, by looser conduct. The American war increased these evils. Peace had not, at the commencement of this war, restored the purity of life which existed before the preceding war. To the depravation still remaining was added a long train of immoral doctrines and practices, which spread into every corner of the country. The profanation of the Sabbath, before unusual, profaneness of language, drunkenness, gambling, and lewdness were exceedingly increased; and, what is less commonly remarked, but is perhaps not less mischievous than any of them, a light, vain method of thinking concerning sacred things and a cold, contemptuous indifference toward every moral and religious subject.[33]
The officers and soldiers of the British armies, then employed in this country, although probably as little corrupted as those of most armies, were yet loose patterns of opinion and conduct, and were unhappily copied by considerable numbers of our own countrymen, united with them in military life. These, on their return, spread the infection through those around them. Looser habits of thinking began then to be adopted, and were followed, as they always are, by looser conduct. The American war increased these evils. Peace had not, at the commencement of this war, restored the purity of life which existed before the preceding war. To the depravation still remaining was added a long train of immoral doctrines and practices, which spread into every corner of the country. The profanation of the Sabbath, before unusual, profaneness of language, drunkenness, gambling, and lewdness were exceedingly increased; and, what is less commonly remarked, but is perhaps not less mischievous than any of them, a light, vain method of thinking concerning sacred things and a cold, contemptuous indifference toward every moral and religious subject.[33]
But this sweeping judgment of Yale’s president, togetherwith the specific explanation of the situation which he offered, are to be checked up by other and less pessimistic considerations. That there was much pertaining to the customs and manners of the times to be deplored, is not to be denied. On the other hand, that society in New England, as the eighteenth century drew toward its close, was actually lapsing from soundness and virtue to the extent that its fundamental views and habits were being altered, is far from clear. Observers who spoke to the contrary listened chiefly to the murmurs of the shallows and were unresponsive to the deeps.
The fact is, new ideals and new forces were working upward in the common life of the age. The new sense of freedom which the War of Independence ushered in, the steadily growing prosperity of the people, the development of social intimacies as the population of the country increased, the intrusion and growing influence of foreign ideas and customs, the steadily diminishing domination of the clergy—these all tended to inaugurate a new order which clashed more or less violently with the old. The memories of the old Puritan régime were still sufficiently vivid to make every lapse from liberty into license appear ominous in the extreme.
A general relaxing of social customs expressed itself in manifold ways over all those areas where actual stagnation had not come to pass; but this loosening was by no means characterized by deep-seated coarseness or general immorality.[34]The people had begun to claim for themselves somerelaxation, and hence to amuse and satisfy themselves in the light of their enlarged conceptions of the freedom andprivileges of life. On the whole, their enjoyments and amusements were such as characterize a state of healthy-mindedness at a time of marked transition.
In the main, the condition of the people was deplorable for what they lacked in the way of incitements to pleasurable and helpful social and cultural employments rather than because of what they possessed.[35]When it is recalled how considerable was the dearth of material for mental occupation; how undeveloped, for example, were music and painting;[36]how the newspapers and magazines of the day supplied little or nothing of a constructive or inspiring character; how science was almost totally undeveloped,[37]libraries few in number and destitute of stimulating material, the colleges for the most part mooning the years away over insipid and useless abstractions and dogmatic formulations,the wonder is that the rebound against Puritanism, in this period of intense political excitement and the growing secularization of thought, was not tenfold more violent and subversive than it was.[38]
The impression communicated by this view is heightened when it is recalled that the struggle for political independence not only had affected profoundly the status of the people of New England with respect to both their internal and their external relations; it had also made substantial and significant modifications in the very constitution of society itself. When the reorganization of affairs after the Revolutionary struggle was over, it became increasingly apparent that the control of the forces and institutions of society in New England was in the hands of new leaders and arbiters. The aristocracy of unquestioned conservatism which had all society under its thumb before the Revolution, had been swept away generally in the flood of that epochal event. Up from the small towns and villages of the country to the great centers, to Boston particularly, came a small army, made up largely of squires and gentry,[39]to establish a newbut less secure sovereignty, to assume control of the social and political forces of the day, and, more or less unaware of the precise significance of the turn of events, to measure its strength against those new forces of democracy which in New England, as no place else in the nation, were to find themselves compelled to fight a long and stubborn battle to secure their emancipation.
Assuming without question the direction of affairs, this new aristocracy, after the fashion of the old leaders who were gone, addressed itself to the task of social, political, and religious control.[40]Manifestly the situation was big with possibilities with respect to the effect to be produced upon the thought and habits of the people. There they dwelt in their spacious houses,[41]these modern aristocrats and autocrats of fashion and custom, by no means rolling in luxury and idleness, yet claiming and enjoying a degree of relaxation and social pleasure vastly more lavish than that accorded to their plebeian neighbors, occupying themselves with their parties, their weddings and dances,[42]their refinements of dress[43]and behavior, but with little or no disposition to abandon themselves to scandalous conduct.
The constant challenge of the political necessities of the times, it may be urged, was altogether too compelling to admit of any such looseness. Still, one cannot scan the newspapers of the period, or read the story of the social commerce of the times as it pieces itself together out of the private records and correspondence of the day, or listen even to the pulpit’s copious flood of denunciations,[44]without a feeling of mingled admiration and astonishment that in an age everywhere characterized by upheaval and ferment there was really as little of shameless and wanton conduct in New England as the records of the period reveal. It cannot but be viewed as a notable tribute to the essential soundness and nobility of that type of moral and religious culture which Puritanism had supplied from the first that the New England character should be able to pass through a period of profound social readjustment, of the discarding of old value judgments and the adoption of new, such as came near the close of the eighteenth century, and this without serious loss of moral power and prestige. Manifestly, whatever hollowness and insincerity Puritanism may havedeveloped in other lands and times, it did not so cramp and fetter the human spirit in New England as to render it incapable of self-guidance when the old restraints and limitations were no more.[45]
Now that its controlling spirit of gravity and provincialism was being replaced by a general temper of comparative light-heartedness and open-mindedness, of unaffected enjoyment of the good things of life, of the acceptance of standards far more natural than those of the earlier day, the transition was accomplished with a relative absence of accompanying instances of moral lapse and disaster nothing less than remarkable. A considerable amount of the boisterousness and heat of the day over which clerical Jeremiahs and others of like conservative leanings ceased not to pour out their complaints,[46]is explicable on the ground of the growing habit of the mass of the people to exercise the rights of citizenship through direct participation in the affairs of the day. For far more significant than any evidence of moral blindness and perversity on the part of the people in general is the fact that a great, crowding, hungry democracy was knocking at the gates of the old aristocratic régime and insistently urging the consideration of its rights.
The general impression of a revolt against morality and religion in New England near the close of the eighteenthcentury was deepened by the bitterness of spirit which marked the last stages of the long struggle waged by dissenters to cut the bond between church and state.[47]The Congregational Church was one of the fundamental institutions of New England, and from the first the sword of the magistrate had been invoked to enforce conformity to its worship and polity. Strange enough seem the terms “Establishment” and “Standing Order”[48]in the history of a people whose forefathers came to America in quest of religious freedom. The freedom sought, however, was to be construed as loyalty to a new order rather than as the embodiment of tolerance. Thus it happened that for two whole centuries the battle on behalf of the rights of dissent had to be waged in New England.[49]To have this struggle construed by the aggrieved representatives of the Establishment as the crowning expression of what they had come to regard as the deep-seated and widespread irreligion of theage, was not the least of the bitter taunts which dissenters had to bear.
In Massachusetts the eighteenth century dawned with some faint promise of a kindlier day. The Charter of 1691 granted full liberty of conscience to all Christians except Roman Catholics.[50]The practical effects of this apparently sweeping reform were largely nullified, however, when in the following year the General Court made it obligatory for each town to have a minister for whose support all its inhabitants should be taxed.[51]With the removal of all bonds upon conscience and of all religious restrictions upon the right of suffrage on the one hand, but with the principle of enforced support of the institutions of religion on the other, the hallowed union of church and state in Massachusetts obviously stood in no immediate danger. The slight modifications speedily made in the law of 1692 did not touch the principle of taxation in the interests of religious worship.[52]
A measure of relief came to the Episcopalians in 1727,[53]and to the Quakers and Baptists in 1728,[54]in the form of exemption laws. In the case of the Baptists the exemption granted was not absolute, but only for a limited period of years. With the expiration of this period the struggle for relief of necessity had to be renewed.[55]The rights of dissent had begun to receive some recognition, but the limitations embodied in the foregoing legislation bore convincing testimony of a grudging temper of mind which would yield no ground without strong pressure.
The spirit of excitement and controversy which characterized the revival of religion of the third and fourth decades of the eighteenth century (i. e., the Great Awakening) led to new complications and difficulties. Stirred by the revival, itinerant preachers, some of them of little learning and of less tact, invaded parishes of their clerical brethren without their consent, and presumed to censure the ministers and congregations that had not yielded to the emotional impulses of the revival.[56]A clash of parties followed, producing new antipathies and cleavages. Many who were in sympathy with the revival withdrew from orthodox congregations to organize new churches, nominally Baptist, with a view to obtaining exemption from the obligation to support the state church. To meet this evasion in 1752 the General Court of Massachusetts passed an act which provided
That no person for the future shall be so esteemed an A(n)nabaptist as to have his poll or polls and estate exempted from paying a proportionable part of the taxes that shallbe raised in the town or place where he or they belong, but such whose names shall be contained in the lists taken by the assessors, as in said act provided, or such as shall produce a certificate, under the hands of the minister and of two principal members of such church, setting forth that they conscientiously believe such person or persons to be of their perswasion, and that he or they usually and frequently attend the publick worship in such church on Lord’s days.[57]
That no person for the future shall be so esteemed an A(n)nabaptist as to have his poll or polls and estate exempted from paying a proportionable part of the taxes that shallbe raised in the town or place where he or they belong, but such whose names shall be contained in the lists taken by the assessors, as in said act provided, or such as shall produce a certificate, under the hands of the minister and of two principal members of such church, setting forth that they conscientiously believe such person or persons to be of their perswasion, and that he or they usually and frequently attend the publick worship in such church on Lord’s days.[57]
A further provision of the act denied to Baptist ministers and their parishioners the right of furnishing the required certificates unless three other Baptist churches previously should have certified that the persons granting the certificates were regarded as members of that body.[58]To make the situation more galling, if that were possible, certificates so obtained had to be lodged annually with the town clerk before the time to pay the rates arrived.
From every point of view this legislation was objectionable to the Baptists. Their protest was instant and vigorous.[59]It was decided to send one of their number as agent to England, to carry their case before the government of the mother country.[60]A sharp remonstrance, so plain in its language that its signers came very near being taken into custody, was drawn up and presented to the General Court at Boston.[61]But great as was the sense of injustice under which the Baptists smarted, the operations of the act appear to have been most severe in the case of those who had drawn off from the orthodox churches on account of the disturbances created by the Great Awakening. The position ofthese Separatists[62]was peculiarly vulnerable. Baptist leaders found themselves embarrassed when called upon to certify to the Baptist affiliations of the Separatists; such a distasteful judgment of the motives and scruples of others was to be avoided wherever possible.[63]On the other hand, if the Separatists sought to set up churches and establish ministers of their own, they were confronted by the fact that a second Congregational church could not be formed in a parish without legislative permission, and the orthodox party usually showed itself capable of forestalling all such sanction on the part of the state. It was left, therefore, to the Separatists either for conscience’ sake to bear the double burden of taxation,[64]or to seek a permanent religious home in one of the recognized dissenting bodies.[65]
Five years later, when the exemption law of 1752 expired and with it the exemption laws that previously had been passed for the relief of the Quakers, a new law was enacted governing both sects.[66]Henceforth a Baptist whodesired exemption must have his name upon a list to be presented annually to the assessor and signed by the minister and three principal members of the Baptist congregation to which the applicant belonged, with the accompanying certification that the applicant was recognized as a conscientious and faithful Baptist. Quakers were placed under the same regulations. For thirteen years this law was in operation, with manifold instances of distress resulting, particularly in the case of Baptists.[67]Through difficulty in obtaining the certificates, goods were seized, expensive and otherwise irritating court trials were held, and not a few victims, either because of poverty or on account of conscientious scruples, found their way to prison. In some instances, despite the fact that the certificates were duly obtained and presented, they were waved aside and the payment of the tax required or the process of distraint invoked.[68]It is little wonder that the feeling in the minds and hearts of New England Baptists that there was a spirit of iniquity back of the oppressive measures of the Standing Order, came to have all the significance of a settled conviction.[69]
Further modifications in the exemption laws, made in 1770, were so slight, leaving as they did the certificate principle practically untouched,[70]that Baptist opposition was aroused even more deeply and the determination struck deeper root to push the battle for religious freedom to a decision. The times also were propitious. The near approach of the Revolutionary struggle focused attention upon the subject of tyranny and caused acts of oppression, whether civil or ecclesiastical in character, to stand out in a new relief before the eye of the public. That dissenters were quick to see the bearing of political events will appear from the following pithy comments in the address which the Committee of Grievances[71]drew up late in 1774 and presented to the Provincial Congress of Massachusetts:
It seems that the two main rights which all America are contending for at this time, are,—Not to be taxed where they are not represented, and—To have their causes tried by unbiased judges. And the Baptist churches in this province as heartily unite with their countrymen in this cause, as any denomination in the land; and are as ready to exert all their abilities to defend it. Yet only because they have thought it to be their duty to claim an equal title to these rights with their neighbors, they have repeatedly been accused of evil attempts against the general welfare of the colony; therefore, we have thought it expedient to lay a brief statement of the case before this assembly…. Great complaints have been made about a taxwhich the British parliament laid upon paper; but you require a paper tax of us annually. That which has made the greatest noise, is the tax of three pence a pound upon tea; but your law of last June laid a tax of the same sum every year upon the Baptists in each parish, as they would expect to defend themselves against a greater one…. All America is alarmed at the tea tax; though, if they please, they can avoid it by not buying tea; but we have no such liberty. We must either pay the little tax, or else your people appear even in this time of extremity determined to lay the great one upon us. But these lines are to let you know, that we are determined not to pay either of them; not only upon your principle of not being taxed where we are not represented, but also because we dare not render homage to any earthly power, which I and many of my brethren are fully convinced belongs only to God. We can not give the certificates you require, without implicitly allowing to men that authority which we believe in our conscience belongs only to God. Here, therefore, we claim charter rights, liberty of conscience.[72]
It seems that the two main rights which all America are contending for at this time, are,—Not to be taxed where they are not represented, and—To have their causes tried by unbiased judges. And the Baptist churches in this province as heartily unite with their countrymen in this cause, as any denomination in the land; and are as ready to exert all their abilities to defend it. Yet only because they have thought it to be their duty to claim an equal title to these rights with their neighbors, they have repeatedly been accused of evil attempts against the general welfare of the colony; therefore, we have thought it expedient to lay a brief statement of the case before this assembly…. Great complaints have been made about a taxwhich the British parliament laid upon paper; but you require a paper tax of us annually. That which has made the greatest noise, is the tax of three pence a pound upon tea; but your law of last June laid a tax of the same sum every year upon the Baptists in each parish, as they would expect to defend themselves against a greater one…. All America is alarmed at the tea tax; though, if they please, they can avoid it by not buying tea; but we have no such liberty. We must either pay the little tax, or else your people appear even in this time of extremity determined to lay the great one upon us. But these lines are to let you know, that we are determined not to pay either of them; not only upon your principle of not being taxed where we are not represented, but also because we dare not render homage to any earthly power, which I and many of my brethren are fully convinced belongs only to God. We can not give the certificates you require, without implicitly allowing to men that authority which we believe in our conscience belongs only to God. Here, therefore, we claim charter rights, liberty of conscience.[72]
As the event proved, the Revolutionary period brought little legislative relief to dissenters in Massachusetts. Wherever the distractions of the war did not interrupt the ordinary course of ecclesiastical affairs, the state church continued to assert its time-honored prerogatives. The new constitution of the commonwealth which was adopted in 1780 gave conclusive proof that the Standing Order stillhad the situation well in hand. That instrument contained a bill of rights which reaffirmed the authority of the legislature to authorize and require the various towns and parishes “to make suitable provision, at their own expense, for the institution of the public worship of God”;[73]affirmed also that the legislature had authority to enjoin attendance upon public worship; that towns and parishes were to have the right to elect their ministers and make contracts with them for their support; and that moneys, in the form of rates paid by the people in the support of public worship, were to be applied according to the preference of the rate-payer, “provided, there be any [minister] on whose instructions he attends”; otherwise the minister selected by the town or parish was to receive the benefit of the tax.[74]There is no difficulty in discerning here the outlines of the old ideal of a state church. The day of deliverance for dissent was not yet.[75]
What did take place during the Revolutionary period to promote the cause of religious freedom and to hasten the day of its triumph was the publication of various pamphlets and treatises devoted to the cause of toleration or championing the closely allied cause of democracy in church and state.[76]Several of these[77]were from the pen of the indomitableIsaac Backus, whose unwearied advocacy of the rights of the individual conscience was exceeded by none. The likeness of the struggle which dissenters were making for freedom of conscience to that which the colonists were making for civil liberty was a favorite notion of this doughty penman; and such an argument presented when the imaginations of his countrymen were stirred by the political situation, could not fail of its appeal. Three years before the war broke out, in hisAppeal to the Public for Religious Liberty, Backus had drawn for the benefit of the public a sharp distinction between the spheres of ecclesiastical and civil governments. The former was armed only withlightandtruth, and was commissioned to “pull down the strongholds of iniquity,” to gather into Christ’s church those who were willing to be governed by His teachings, and to exclude those who would not be so governed; while the latter “is armed withthe sword to guard the peace and to punish those who violate the same.”[78]In hisGovernment and Liberty Described, and Ecclesiastical Tyranny Exposed, published in 1778, he attacked the notion of men “assuming a power to govern religion, instead of being governed by it,” and asserted that the essence of true religion is a voluntary obedience to God.[79]Here was strong meat for a people for whom the word freedom was rapidly coming to have an enlarged signification.
The most convincing exposition of the democratic tendencies of the age came from another quarter, and in a sense belonged to the past. Spurred by the fact that at the beginning of the century a resolute effort had been made, both in Massachusetts and Connecticut, to obtain more compact and rigid ecclesiastical control,[80]the Reverend JohnWise, of Ipswich, Massachusetts, in 1710 had issued a satirical tract entitled,The Churches’ Quarrel Espoused, and later, in 1717, a more serious production entitled,A Vindication of the Government of the New England Churches. In 1772 a new edition of these tracts, published by subscription, came from the Boston press.[81]The enduring quality of the task Wise had performed is shown by the fact that, while these two slight volumes had been conceived as a protest against the encroachments of ecclesiastical tyranny in the first two decades of the century, they now, a half-century later, served equally well to voice the deep passions and impulses of a people who for the moment were engrossed in the concerns of civil government.[82]Wise rejected the ideals of monarchy and aristocracy for the church, and took his stand upon the proposition that democracy alone stands the test of reason and revelation.[83]Of all systems, democracy alone cherishes the precious interests of man’s original liberty and equality. It alone serves effectually to restrain the disposition to prey and embezzle, and to keep the administrationof government firmly fixed upon the main point, “the peculiar good and benefit of the whole.” “It is as plain as daylight, there are no species of government like a democracy to attain this end.”[84]
Such literary assaults upon the usurpations of government, upon the violation of individual rights, and upon obstructions erected in the path of democracy, were frontal. As has been said, they were also happily timed. The oppressed would have to content themselves a little longer with a type of toleration which seemed but the shadow of genuine freedom; but the broad dissemination of such principles as those proclaimed by Backus and Wise had had the effect of altering appreciably the spirit of the times.
The close of the struggle for political freedom gave early proof that the cause of religious toleration had passed into a new stage. Dissent had grown in numbers and influence.[85]Distant voices, too, were being heard. Virginia’s noble example in adopting theAct Establishing Religious Freedomhad given a practical demonstration of the complete severance of church and state. The impression created by this determination of the issue of religious freedom on the broadest possible basis had been profound throughout the country. When the Constitution of the United States was before the people of Massachusetts for ratification, in the fall and winter of 1787–88, they found in it a singleprovision concerning religion. Article VI provided: “No religious test shall ever be required as a qualification to any office or public trust in the United States.” So far had the eyes of dissenters in Massachusetts been opened to dangers lurking in legislative measures that a large proportion of the Baptist delegates in the state constitutional convention voted against the adoption of the instrument.[86]Besides, their hearts were set on some broad and yet specific guarantee of religious freedom under which their liberties would be safe. The First Amendment to the Constitution, which Congress proposed in 1789, seemed to fulfil their desire. It provided that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” With the adoption of this law by the majority of the states, the principle of full liberty of mind, conscience, and worship, had been written finally into the law of the land.
Yet this pronouncement of the national government could not bring to a full end the long struggle which had been waged. Only the sphere of the federal government was involved, and individual states were still free to deal with the institutions of religion and the rights of individuals as they might feel disposed, as long as the national welfare was not involved.[87]What actually happened in Massachusetts is well expressed by Isaac Backus: “The amendment about liberty of conscience is kept out of sight.”[88]The goods of Baptists continued to be levied upon to meet the ministerial tax.[89]Dissensions continued to arise in parishes over the settlement and support of ministers, dissenting minoritiesusually contesting the right of the majority to saddle upon them clergymen for whose ministrations they had no desire.[90]The annoyances and disabilities that dissenters and disaffected members of the Establishment suffered were clearly not so numerous nor so severe as they had been in the past;[91]none the less they were able to keep alive the impression that nothing but a spirit of bigotry and obdurate tyranny could explain the prolonged attitude and policy of the Standing Order.[92]
Before directing attention to the effect which this weakening of the forces of ecclesiastical domination had upon the minds of the leaders of the Establishment, it will be necessary to review briefly the course which affairs took in Connecticut.[93]
Despite the fact that the founding of Connecticut had directly resulted from the ecclesiasticism of Massachusetts, the forces of ecclesiastical tyranny proved to be more strongly entrenched in Connecticut than in the parent state.[94]This was due in part to the homogeneity of the population,[95]but more largely to the degree of oversight of the religious life of the people, unusual even for Puritan New England, which the General Court of Connecticut exercised from the first.[96]In this connection it is to be observed that the impulses that lay back of the oppression of dissenters in Connecticut were not the same as those that shaped the situation in Massachusetts. The founders of Connecticut were out of sympathy with the theocratic ideal that prevailed in the mother colony; they frowned upon the harsh measures of repression which the authorities of Massachusetts adopted.[97]They held before them the ideal of a state wherein the maintenance of religion and the exercise of individual freedom should not be incompatible.
Yet as the event proved, the hand of religious tyranny fell heavily upon their posterity.[98]This happened, not because they were disposed to exercise harsher repressive measures than their fathers in curbing dissent, but because, in their extraordinary devotion to the churches of their own order, in their extreme care and watchfulness to strengthen them and to safeguard the whole range of their interests, they came into open conflict with the interests of dissenting bodies.[99]As early as 1669 the Congregational church wasformally adopted as the state church.[100]From that day forward an intimate and intense paternalism characterized the attitude of the civil government toward the Establishment. Its most serious and permanent, as well as its lighter and occasional concerns, all were provided for with equal constancy. Contingencies of every description were either prudently anticipated or, arising suddenly, received the immediate and painstaking attention of the magistrates.[101]
The following list, though far from complete, will serve to illustrate this point. Without the consent of the General Court, churches could not be organized,[102]nor bonds be severed between pastors and their flocks.[103]The formation of new parishes and the fixing of their limits,[104]the calling of new ministers,[105]the determination of the time at which arrearages in ministers’ salaries must be paid fully,[106]the fixing of the location of new houses of worship,[107]the disposition of cases of discipline appealed from the decisions of local church courts,[108]the settlement of the question as to who were to be permitted to receive the Lord’s Supper,[109]the proffer of counsel concerning the behavior offended members were expected to manifest toward pastors for whom they entertained no affection nor respect[110]—these all were regarded as part of the proper business of the General Court.
The dangers inherent in such a system are not difficult to divine. The churches themselves upon which such paternal legislative care was imposed generally found their affairs taken out of their hands. Civil authority disciplined them and their members, and made independent ecclesiastical rule little more than a fiction. Again, the committal of the political government to a particular type of religious polity and worship aroused antagonisms in the minds of men who hated the palest shadow of the principle that the religion of a prince or government must be the religion of the people. However tolerant toward non-conformity such a state may show itself to be—and none will deny that Connecticut rose to comparatively high levels of justice in this regard[111]—the favoritism of government puts dissent at a disadvantage; and when narrow and intolerant men are at the helm of state, disadvantage passes rapidly into positive deprivation and injury. Once more, so close an alliance between politics and religion as the Standing Order in Connecticut represented, invites similar combinations on the part of men, some of whom have political and some religious objects to serve, and who, therefore, in the presence of a common foe gladly make common cause. All of which we shall see illustrated later.
Another general aspect of the situation in Connecticut concerns the development of synodical government within the Congregational church. At the beginning of the eighteenth century, out of a sense of the decay of religion in New England, as evidenced by the loosening of discipline and the weakening of ministerial influence,[112]the clergy of Massachusetts attempted to buttress church government andministerial authority through the “Proposals of 1705.” These provided for the grouping of ministers in Associations which were to function in the following ways: pastors were to adopt their advice in all difficult cases; ministerial candidates were to be examined and licensed by them; pastorless, or “bereaved” churches were to be urged to apply to them for candidates; they were also to exercise a general oversight of religion, and to inquire into charges made against the character, conduct, or faith of any of their members. The “Proposals” also made provision for Standing Councils to be made up of delegates from these Ministerial Associations and lay members of the churches. These Standing Councils were “to consult, advise, and determine all affairs that shall be proper matter for the consideration of an ecclesiastical council within their respective limits.” Their judgments were to be accepted as final and obedience was to be enforced on penalty of forfeiting church-fellowship.[113]This bold step in the direction of bringing the churches of Massachusetts under more rigorous ecclesiastical control was not destined to succeed. Liberalizing elements stirred up powerful opposition, the legislature failed to give to the “Proposals” its support, and the movement fell through.[114]
A very different situation developed in Connecticut. The yearning for the strengthening of church government in the interests of a general improvement of religion was if anything stronger in that commonwealth; and a propitious hour for the inauguration of such a movement came when, in 1707, the most influential minister of the colony, GurdonSaltonstall, of New London, was raised to the governor’s chair. The following May the General Court issued the call for the famous Saybrook Synod.[115]Ministers and messengers of the churches were to assemble in their respective county towns, “on the last Monday in June next … to consider and agree upon those methods and rules for the management of ecclesiastical discipline which by them shall be judged agreeable and conformable to the word of God.”[116]By these county councils ministers and delegates were to be chosen to meet at Saybrook, at the commencement of the “infant college” (i. e., Yale), there “to compare the results of the ministers of the several counties, and out of them and from them to draw a form of ecclesiastical discipline which by two or more persons delegated by them shall be offered to this Court … to be considered of and confirmed by them.”[117]
The directions of the General Court were complied with. The doctrinal results of the Saybrook Synod are no part of our concern; but this is not so with regard to its ecclesiastical formulations. The principles contained in the “Proposals of 1705” were accepted and worked out in more complete detail. Churches were to be grouped in Consociations, one or more in each county as the churches might determine. Cases of discipline too difficult of management in local congregations were to be heard and determined by these Consociations. Refusal to answer to the summons of a Consociation, or to submit to its decision, incurred excommunication, whether a church or a pastor might be the guilty party. All matters relating to the installation, ordination, and dismissal of ministers were to be submitted by the churches tothese Consociations. In like manner the ministers of the various counties were to be grouped together in Associations to consult concerning the affairs of the church, provide ministerial licensure, examine complaints, and make recommendations to the legislature concerning the settlement of pastors with “bereaved” churches.[118]
The result of the deliberations of the Saybrook Synod was laid duly before the sessions of the General Court, in October, 1708, and formally adopted by that body in the following terms: