Religious Legislation in Virginia
By S. B. Horton
Her Splendid History in Matters of Freedom of Worship — Recent State and Municipal Measures That Tend in the Opposite Direction
A FEW days ago the writer had the privilege, and I may say with propriety, the honor, of standing on the spot where Patrick Henry, the illustrious Virginian, made his world-famous “Give me liberty or give me death” speech. This, together with visits to other scenes connected with the experiences of our national patriotic ancestry, is calculated to impress one with the importance and value of their lives and services in the cause of civil liberty and religious freedom. The object of my visit to the Old Dominion concerned some legislation before the legislature, and also before the city council of one of the large cities of that commonwealth, affecting the principles of civil and religious freedom. It will be remembered, by those conversant with the early history of the nation, that Baptists and Presbyterians of Virginia labored with patience and fortitude for the development of the principles of church and state separation, pleading for the rights of all people to worship God according to the dictates of their conscience. It will also be remembered that on June 12, 1776, less than one month before the adoption of the Declaration of Independence, the Virginia Declaration of Rights was adopted, in which it was stated, “Which rights do pertain to them and their posterity, as the basis and foundation of government.” Section 1 of the Declaration of Rights asserted “that all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they can not, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.” RELIGIOUS FREEDOM GUARANTEED
George Mason wrote the first fourteen articles, while Patrick Henry wrote the fifteenth and sixteenth, the fifteenth declaring “that no free government or the blessings of liberty can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.” Tyler’s “Patrick Henry,” pages 183, 184, referring to the sixteenth article, says: “The sixteenth article is an assertion of the doctrine of religious liberty,—the first time that it was ever asserted by authority in Virginia. The original draft, in which Henry followed very closely the language used on that subject by the Independents in the Assembly of Westminster, stood as follows: “That religion, or the duty we owe our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force or violence; and, therefore, that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience, unpunished and unrestrained by the magistrate, unless, under color of religion, any man disturb the peace, the happiness, or the safety of society; and that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other.” These two articles are still in the Bill of Rights of the Virginia Constitution. But, in the face of all of such guaranties, there is a disposition on the part of some to deviate from these principles. A MORE RIGID OBSERVANCE OF SUNDAY
A bill was recently introduced into the legislature, “by request,” entitled, “A Bill to Provide for a More Rigid Observance of the Sabbath.” The provisions of this bill are to the effect “that no person shall be employed in any mechanical or mercantile establishment, or factory, or foundry, or laundry, or hotel, or restaurant, or telegraph or telephone establishment, or office thereof, or in any place of amusement, or by any person, firm, or corporation engaged in any express or transportation, or public utility business, or by any common carrier, or in any public institution, incorporated or unincorporated, in this state, more than six days in the week, or fifty-four hours in any one week.” For the violation of the provisions of this proposed law, a fine of from $25,000 to $100,000 is to be imposed. Such proposed fines may seem to brand this as a piece of “freak” legislation bordering upon the farcical. It is to their credit that the measure was not reported from the committee to which it had been referred. But the very fact that such legislation is in the minds of some is an indication that eternal vigilance still continues to be the price of liberty. MORE RIDICULOUS MEASURES HAVE BEEN ENACTED
It will be remembered that in the colonial days, much more ridiculous legislation found its place upon the statute-books; and as laws of that character are the outcome of misguided religious zeal and intolerance, we may expect that whenever possible, history will repeat itself. In Petersburg, Virginia, an ordinance was passed by the city council recently which, if carried into effect, would nullify the exemption clause of the present state Sunday law. The exemption protects those who keep another day than Sunday for the Sabbath, in their right to conduct their business on Sunday; and as stated, the ordinance in effect would annul those exemptions. The mayor of the city vetoed the measure, on the ground that the ordinance was too drastic in character and was contrary to the principles of civil and religious liberty. The attempt is to be made to pass the measure over the veto of the mayor; but at present writing, the chances for success in that direction are not very bright. It is to be hoped that the Old Dominion will not forsake its patriotic and illustrious record in behalf of civil and religious freedom, the principles of which are, as it were, engraved upon the very soil of that commonwealth.