Luther and the Reformation: / The Life-Springs of Our Liberties

by Joseph Augustus Seiss

Constitutional Provisions.

This was in exact accord with the principles and provisions under which the original colony had been formed, and had already been living and prospering for more than forty years preceding. Everything, therefore, was in full readiness and condition for the universal and hearty adoption of the grand first article enacted by the first General Assembly, to wit: "That no person now or hereafter residing in this province, who shall confess one Almighty God to be the Creator, Upholder, and Ruler of the world, and profess himself obliged in conscience to live peaceably and justly under the civil government, shall in any wise be molested or prejudiced on account of his conscientious persuasion or practice; nor shall he be compelled to frequent or maintain any religious worship, place, or ministry contrary to his mind, but shall freely enjoy his liberty in that respect, without interruption or reflection."

In these specific provisions all classes in the colony at the time heartily united. And thus was secured and guaranteed to every good citizen that full, rightful, and precious religious freedom which is the birthright of all Americans, for which the oppressed of all the ages sighed, and which had to make its way through a Red Sea of human tears and blood and many a sorrowful wilderness before reaching its place of rest.

Safeguards to True Liberty.

IV. But the religious liberty which our fathers thus sought to secure and to transmit to their posterity was not a licentious libertinism. They knew the value of religious principles and good morals to the individual and to the state, and they did not leave it an open matter, under plea of free conscience, for men to conduct themselves as they please with regard to virtue and religion.

To be disrespectful toward divine worship, to interfere with its free exercise as honest men are moved to render it, or to set at naught the moral code of honorable behavior in human society, is never the dictate of honest conviction of duty, and, in the nature of things, cannot be. It is not conscience, but the overriding of conscience; nay, rebellion against the whole code of conscience, against the foundations of all government, against the very existence of civil society. Liberty to blaspheme Almighty God, to profane his name and ordinances, to destroy his worship, and to set common morality at naught, is not religious liberty, but disorderly wickedness, a cloak of maliciousness, the licensing of the devil as an angel of light. It belongs to mere brute liberty, which must be restrained and brought under bonds in order to render true liberty possible. Wild and lawless freedom must come under the restraints and limits of defined order, peace, and essential morality, or somebody's freedom must suffer, and social happiness is out of the question. And it is one of the inherent aims and offices of government to enforce this very constraint, without which it totally fails of its end and forfeits its right to be. Where people are otherwise law-abiding, orderly, submissive to the requisites for the being and well-being of a state, and abstain from encroachments upon the liberties of others, they are not to be molested, forced, or compelled in spiritual matters contrary to their honest convictions; but public blasphemy, open profanity, disorderly interference with divine worship and reverence, and the hindrance of what tends to the preservation of good morals, it pertains to the existence and office of a state to restrain and punish. Severity upon such disorders is not tyrannical abridgment of the rights of conscience, for no proper citizen's conscience can ever prompt or constrain him to any such things. And everything which tends to weaken and destroy regard for the eternal Power on which all things depend, to relax the sense of accountability to the divine judgment, and to trample on the laws of eternal morality, is the worst enemy of the state, which it cannot allow without peril to its own existence.

On the other hand, the state is bound for the same reasons to protect and defend religion in general and the cultivation of the religious sentiments, in so far, at least, as the laws of virtue and order are not transgressed in the name of religion. It may not interfere to decide between different religious societies or churches, as they may be equally conscientious and honest in their diversities; but where the tendency is to good and reverence, and the training of the community to right and orderly life, it belongs to the office and being of the state not only to tolerate, but to protect them all alike. In the fatherly care of its subjects, the people consenting, the state may also recommend and provide support for some particular and approved order of faith and worship, just as it provides for public education. And though the civil power may not rightfully punish, fine, imprison, and oppress orderly and honest citizens for conscientious non-conformity to any one specific system of belief and worship, it may, and must, provide for and protect what tends to its rightful conservation, and also condemn, punish, and restrain whatsoever tends to unseat it and undermine its existence and peace. These are fundamental requirements in all sound political economy.

Laws on Religion and Morals.

Our fathers, in their wisdom, understood this, and fashioned their state provisions and laws accordingly.

The thing specified as the supreme concern of the public authorities in the original settlement of this territory by the Swedes was, to "consider and see to it that a true and due worship, becoming honor, laud, and praise be paid to the most high God in all things," and that "all persons, but especially the young, shall be duly instructed in the articles of their Christian faith."