Alexandria

← back

Essays on the Constitution of the United States

Paul Leicester Ford · 1787-1788 (essays/pamphlet arguments originally published in newspapers during the U.S. Constitution’s ratification debates; this book is a later compilation)

passage 95 of 228 · Letter Of Caution, Written By Samuel Chase. > Section 4, of article IV. says, The United States shall guarantee to every state in the Union a Republican Form of Government; and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.—At the perusal of this clause, anti-federalism must blush, and opposition hide its head. Could anything have more openly, or more plainly evinced to the world, the noble motives which influenced the conduct of the delegates of America, than the clause aforementioned? it provides, that a republican form of government shall be guaranteed to each state in the Union. The inhabitants of America are surely acquainted with the principles of republicanism, and will certainly demand the establishment of them, in their fullest extent. (73/91)

↪ you wandered here via “established church of England dissent” — the connecting lines are tinted below

in brief
The Landholder essay urges citizens to approach the Constitution with candor, then argues religious test clauses protect religious liberty by excluding persecution, contrasting America with European history of coercive tests.

be a good and peaceable person he is liable to no penalties or incapacities on account of his religious sentiments; or in other words, he is not subject to persecution.

But in other parts of the world, it has been, and still is, far different. Systems of religious error have been adopted, in times of ignorance. It has been the interest of tyrannical kings, popes, and prelates, to maintain these errors. When the clouds of ignorance began to vanish, and the people grew more enlightened, there was no other way to keep them in error, but to prohibit their altering their religious opinions by severe persecuting laws. In this way persecution became general throughout Europe. It was the universal opinion that one religion must be established by law; and that all who differed in their religious opinions, must suffer the vengeance of persecution. In pursuance of this opinion, when popery was abolished in England, and the Church of England was established in its stead, severe penalties were inflicted upon all who dissented from the established church. In the time of the civil wars, in the reign of Charles I., the presbyterians got the upper hand, and inflicted legal penalties upon all who differed from them in their sentiments respecting religious doctrines and discipline. When Charles II. was restored, the Church of England was likewise restored, and the presbyterians and other dissenters were laid under legal penalties and incapacities. It was in this reign, that a religious test was established as a qualification for office; that is, a law was made requiring all officers civil and military (among other things) to receive the Sacrament of the Lord’s Supper, according to the usage of the Church of England, written [within?] six months after their admission to office under the penalty of 500£ and disability to hold the office. And by another statute of the same reign, no person was capable of being elected to any office relating to the government of any city or corporation, unless, within a twelvemonth before, he had received the sacrament according to the rites of the Church of England. The pretence for making these severe laws, by which all but churchmen were made incapable of any office civil or military, was to exclude the papists; but the real design was to exclude the protestant dissenters. From this account of test-laws, there arises an unfavorable presumption against them. But if we consider the nature of them and the effects which they are calculated to produce, we shall find that they are useless, tyrannical, and peculiarly unfit for the people of this country.

A religious test is an act to be done, or profession to be made, relating to religion (such as partaking of the sacrament according to certain rites and forms, or declaring one’s belief of certain doctrines,) for the purpose of determining whether his religious opinions are such, that he is admissable to a publick office. A test in favour of any one denomination of Christians would be to the last degree absurd in the United States. If it were in favour of either congregationalists, presbyterians, episcopalians, baptists, or quakers, it would incapacitate more than three-fourths of the American citizens for any publick office; and thus degrade them from the rank of freemen. There need no argument to prove that the majority of our citizens would never submit to this indignity.

← previous passage read in the full work → next passage →

topics: constitutions and founding law · custom and the manners of a people · religious persecution and toleration · rights and liberties

Essays on the Constitution of the United States · Paul Leicester Ford · 1787–1788