The Development of Religious Liberty in Connecticut

by M. Louise Greene

The times change and we change with them.—Proverb.

The omission of all persecuting acts from the revision of the laws in 1750 was evidence that the worst features of the great schism were passing, that public opinion as a whole had grown averse to any great severity toward the Separatists as dissenters. But the continuance in the revised statutes of the Saybrook Platform as the legalized constitution of the "Presbyterian, Congregational or Consociated Church," and the almost total absence of any provision for exempting Congregational Separatists from the taxes levied in its behalf, operated, notwithstanding the many acts of conciliation between these two types of churches, to revive at times the milder forms of persecution. And such injustice would continue until the Separatists as a body were legally exempted from ecclesiastical rates, and until the Saybrook Platform was either formally annulled or, in its turn, quietly dropped from the statute book. But henceforth, the measure of intolerance would be determined more by local sentiment and less by the text of the law, more by the proportion of Old Lights to New in a given community. And the measure of toleration must eventually take the form of legalized rights rather than of special privileges, and this through a growing appreciation of the value of the Separatists as citizens. The abrogation of the Saybrook Platform might follow upon a reaffiliation of all Presbyterians and all Congregationalists in a new spirit of mutual tolerance and helpfulness. Whatever the events or influences that should bring about this reaffiliation, the new bonds of church life would necessarily lack the stringency of the palmy days of Saybrook autocratic rule. Consequently when such a time arrived, the Platform, at least in its letter, could be dropped from the law-book. The old colonial laws for the support of religion would still suffice to protect and exalt the Establishment, and to preserve it as the spiritual arm of the State. It so happened that toleration was granted to the Separatists at the beginning of the Revolutionary struggle, and that the abrogation of the Saybrook Platform followed close upon its victorious end. Many influences, both religious and secular, had their part in bringing about these progressive steps toward religious freedom, toward full and free liberty of conscience.

The revision of the laws completed in 1750 had been under consideration since 1742. At the beginning of the great schism, the important task had been placed in the hands of a committee consisting of Roger Wolcott, Thomas Fitch, Jonathan Trumbull, and John Bulkley, Judge of the Superior Court. The first three names are at once recognized as Connecticut's chief magistrates in 1750-54, 1754-66, 1769-1783, respectively. During the eight years that the revision was in the hands of this committee, the church quarrel had passed its crisis; the Old Lights had slowly yielded their political, as well as their ecclesiastical power; and their controlling influence was rapidly passing from them. The Old French War, with its pressing affairs, had so affected the life of the colony as to lessen religious fervor, weaken ecclesiastical animosities, and, at the same time, to develop a broader conception of citizenship.

English influence, moreover, had modified the ecclesiastical laws in the revision of 1750. The Connecticut authorities, when imbued with the persecuting spirit, did not always stop to distinguish between the legally exempt Baptist dissenters and the unexempted Separatists. This was due in part to the fact that many of the latter, like the church of which Isaac Backus was the leader, went over to the Baptist denomination. The two sects held similar opinions upon all subjects, except that of baptism. It was much easier to obtain exemption from ecclesiastical taxes by showing Baptist certificates than to run the risk of being denied exemption when appeal was made to the Assembly, either individually or as a church body, the form of petition demanded of these Separatists. The persecuted Baptists at once turned to England for assistance, and to the Committee of English Dissenters, of which Dr. Avery was chairman.

This committee had been appointed to look after the interests of all dissenters, both in England and in her colonies, for the English dissenting bodies were growing in numbers and in political importance. To this committee the Connecticut Baptists reported such cases of persecution as that of the Saybrook Separatist church, which in 1744 suffered through the arrest of fourteen of its members for "holding a meeting contrary to law on God's holy Sabbath day." These fourteen people were arraigned, fined, and driven on foot through deep mud twenty-five miles to New London, where they were thrust into prison for refusing to pay their fines, and left there without fire, food, or beds. There they were kept for several weeks, dependent for the necessaries of life upon the good will of neighboring Baptists.[130] The Separatists could report the trials of the Separate church of Canterbury, of that of Enfield, of the First Separate church of Milford, hindered in the exercise of its legal rights for over twenty years, and they could also recount the persecution of churches and of individuals in Wethersfield, Windsor, Middletown, Norwich, and elsewhere. Upon receiving such reports, Dr. Avery had written, "I am very sorry to hear of the persecuting spirit which prevails in Connecticut…. If any gentleman that suffers by these coercive laws will apply to me, I will use my influence that justice be done them." The letter was read in the Assembly, and is said to have influenced the committee of revision, causing them to omit the persecuting laws of 1742-44, in order that they might no longer be quoted against the colony. Governor Law replied to Dr. Avery that the disorders and excesses of the dissenters had compelled the very legislation of which they complained. To which Dr. Avery returned answer that, while disorders were to be regretted, civil penalties were not their proper remedy. This was a sentiment that was gaining adherents in the colony as well as in England. Among other instances of persecution among the Baptists was that of Samuel, brother of Isaac Backus, who in 1752, with his mother and two members of the Baptist society, was imprisoned for thirteen days on account of refusal to pay the ecclesiastical taxes.[131] Another was that of Deacon Nathaniel Drake, Jr.,[132] of Windsor, who, in 1761, refused to pay the assessment for the Second Society's new meeting-house. For six years the magistrates wrestled with the Deacon, striving to collect the assessment. But the Deacon was obstinate, and rather than pay a tax of which his conscience disapproved, he preferred to be branded in the hand. Outside of Baptist or Separatist, there were other afflicted churches, such as that of Wallingford,[133] where the New Lights could complain that, in 1758, the Consociation of New Haven county had refused to install the candidate of the majority, Mr. Dana; and had attempted to discipline the twelve ministers who had united in ordaining him; and that as a result the twelve were forced to meet in an Association by themselves for fourteen years, or until 1772.

The Separatists attempted to obtain exemption through petitions to the Assembly, trusting that, as each new election sent more and more New Lights to that body, each prayer for relief would be more favorably received. One of the most important of these petitions was that of 1753, when more than twenty Separatist churches, representing about a thousand members, united in an appeal wherein they complained of the distraining of their goods to meet assessments and taxes for the benefit of the Established churches; of imprisonments, with consequent deprivation of comforts for their families; and of the danger to the civil peace threatened by these evils. The Assembly refused redress. Whereupon the petition was at once reconstructed,[a] and, with authentic records and testimonies, to which Governor Fitch set the seal of Connecticut, was sent, in 1756, [134] to London. The Committee in behalf of Dissenters were to see that it was presented to the King in Council. The petition charged violation of the colony's charter, excessive favoritism, and legislation in favor of one Christian sect to the exclusion of all others and to the oppression, even, of some. The English Committee thought that these charges might anger the King and endanger the Connecticut charter. Accordingly, they again wrote to the Connecticut authorities, remonstrating with them because of their treatment of dissenters. At the same time, they sent a letter advising the petitioners to show their loyalty to the best interests of the colony by withdrawing their complaint. These dissenters were further advised to begin at once a suit in the Connecticut courts for their rights, and with the intent of carrying their case to England, should the colony fail to do them justice. Legal proceedings were immediately begun, but were allowed to lapse, partly because of the press of secular interests, for the colonial wars, the West India expedition, and other affairs of great moment claimed attention, and partly because there were indications that the government would regard the Separatists more favorably.

In the colony itself a change was taking place through which the college was to go over to the side of the New Lights. In 1755, President Clap had established the College Church in order to remove the students from the party strife that was still distracting the churches. In order to avoid a conflict over the matter, he refused to ask the consent of the Assembly, claiming the right of an incorporated college and the precedent of the English universities, since, in 1745, the Assembly had formally incorporated "The President and Fellows of Yale College," vesting in them all the usual powers appertaining to colleges. In the same year, also, the initial step toward establishing a chair of divinity had been taken, and it became the first toward the founding of the separate College Church. President Clap always maintained that "the great design of founding Yale was to educate ministers in our way,"[135] and the chair of divinity had been established in answer to the suggestion of the Court that the college take measures to protect its students from the New Light movement. President Clap was hurried on in his policy of establishing the College Church both by his desire to separate the students from the New Light controversy in Mr. Noyes's church, where they were wont to attend, and by an appeal to him, in 1753, of Rector Punderson, the priest recently placed in charge of the Church-of-England mission in New Haven. The rector had two sons in college, and he asked that they and such other collegians as were Episcopalians might be permitted to attend the Church-of-England services. President Clap refused to give the desired permission, except for communion and some special services, and he at once proceeded to organize a church within the college. The trustees and faculty upheld him, but the Old Lights, then about two-thirds of the deputies to the Assembly, opposed his course of action, and succeeded in taking away the annual grant that, at the incorporation of the college, had been given to Yale. After this, they regarded President Clap as a "political New Light," but as the latter party increased in the Assembly, and became friendly to Yale, the college gradually reinstated itself in the favor of the legislature.

If in his petitions the Separatist demanded only exemption, only that much toleration, in his controversial writings he ably argued the right of all men to full liberty of conscience. Unfortunately, the ignorance and follies of many of the Separatists, when battling in advance of their age for religious liberty, militated against the logic of their position. Harmony among themselves would have commended and strengthened their cause, and given it a forceful dignity. They blundered, as did their English predecessors of a much earlier date, by laying too much stress upon the individual, upon his interpretations of Scripture, and upon his right of criticism. Much of their work in behalf of religious liberty took the form of pamphleteering. Again, it was their misfortune that the Establishment could boast of writers of more ability and of greater training. Yet the Separatists had some bold thinkers, some able advocates, and, as time wore on, and their numbers were increased and disciplined, the strength and quality of their petitions and published writings improved greatly. Sometimes these dissenters were helped by the theories of their opponents, which, when pushed to logical conclusions and practical application, often became strong reasons for granting the very liberty the Separatists sought. Sometimes an indignant member of the Establishment, smarting under its interference, was roused to forceful expression of the broader notions of personal and church liberty that were slowly spreading through the community. A few extracts from typical pamphlets of the time will give an idea of the atmosphere surrounding the disputants.

In 1749, a tract was issued from the New London press by one E. H. M. A. entitled, "The present way of the Country in maintaining the Gospel ministry by a Public Rate or Tax is Lawful, Equitable, and agreable to the Gospel; As the same is argued and proved in way of Dialogue between John Queristicus and Thomas Casuisticus, near Neighbors in the County." In answer to this, and for the purpose of vindicating the religious practices and opinions of the Separatists, Ebenezer Frothingham, a Separatist minister, took the field in 1750 as the champion of religious liberty. His book of four hundred and fifty pages had for its title "The Articles of Faith and Practice with the Covenant that is confessed by the Separate Churches of Christ in this land. Also a discourse." So influential and so characteristic was this work, that rather long extracts from it are permissible, and, with a few arguments from other writers, will serve to reflect the thought and feeling of the day, and will best give the point of view of both dissenter and member of the Establishment, of liberal and conservative; for the pamphlet of the period was apt to be religious or political, or more likely both.

Frothingham, speaking of the injustice done the Separatists, writes:—