The Development of Religious Liberty in Connecticut

by M. Louise Greene

Government is a necessary evil and so a chosen good. Its business is to preserve the life, liberty and property of the many units that form the body politic…. When a constitution of government is formed, it should be simple and explicit; the powers that are vested in, and work to be performed by each department should be defined with the utmost perspicuity; and this constitution should be attended to as scrupulously by men in office as the Bible should be by all religionists…. Let the people first be convinced of the deficiency of the constitution, and remove the defects thereof, and then, those in office can change the administration upon constitutional grounds.

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[The right to worship] God according to the dictates of conscience, without being prohibited, directed or controlled therein by human law, either in time, place or manner, cannot be surrendered up to the general government for an equivalent. [190]

Had not Governor Haynes said to Roger Williams, "The Most High God hath provided and cut out this part of the world for a refuge and receptacle for all sorts of consciences?" How had not Connecticut fallen? How passed her ancient glory, how ignored her charter's rights? How firm a grip upon her had that incubus of her own raising, the pernicious union of Church and State? Break that, as elsewhere it had been broken, and then as freemen demand a constitution guaranteeing both civil and religious liberty.

The result of the widespread hostility was the attempt at the May session of 1794 to repeal the offensive law. The Lower House did repeal it, after a lively debate, by a vote of 109 yeas to 58 nays, but the Council, or Upper House, where the conservatives were intrenched, refused to pass the bill. However, they were induced to pass a resolution suspending the sale of the lands. The debate in the House was published verbatim in the "Hartford Gazette" of May 19, 1794, and was copied by the papers throughout the state. In the following October a bill was passed by the Council, but continued over by the House and ordered to be printed in all the papers, that the people might have opportunity to consider it before it should come up to be passed upon by their representatives in the May session of 1795. [191] The terms of the bill were that the principal sum of money received from the sale of the Western Lands should be apportioned among the several school societies according to the list of polls and rateable estates, and that the interest arising from the money so divided should be appropriated to the support of schools that were kept according to the law, or to the support of the public worship of God and the Christian ministry, "as the majority of the legal voters should annually determine." [192]

The proposed law was subjected to public scrutiny of all sorts. It was agitated in town meetings, and the discussions for and against it were noticed in the newspapers, where much space was given to its consideration. Ministers made it the subject of their sermons. Dr. Dwight discoursed upon the subject in his Thanksgiving sermon. [193] When the proposed bill came up before the legislature, it encountered considerable opposition, but after some modifications it became a law. As in school societies the dissenters had an equal vote, and in all town affairs were worth conciliating, there was more justice in the new law than in the old, where the ecclesiastical society was made the unit of division. From 1717 to 1793 the towns, parishes, and occasionally the ecclesiastical societies had charge of the schools. [194] But in 1794 school districts were authorized and the change to them begun. Such districts could, upon the vote of two thirds of all the qualified voters, locate schools, lay taxes to build and repair them, and appoint a collector to gather such rates. The act of May, 1795, appropriating the money from the Western Lands to the schools, provided also that the school districts should be erected into school societies to whom the money should be distributed, and by whom the interest thereon should be expended; and that it should go "to no other Use or Purpose whatsoever; except in the Case and under the circumstances hereafter mentioned." The circumstances here referred to were in cases where two thirds of the legal voters in a school society meeting, legally warned, voted to use the interest money for the support of the ministry in that Society, and appealed to the General Assembly for permission to so use the money. Upon such an expression of the wish of voters, the General Assembly was empowered to answer in the affirmative. The act also repealed that of 1793. The legislature appointed another commission for the sale of the lands. They were sold in the following October for $1,200,000. By this legislation was laid the foundation of Connecticut's School Fund. The Connecticut Land Company, which had made the purchase, petitioned the legislature in 1797 that Connecticut should surrender her jurisdiction over the lands to the United States. The state complied. In 1798 the organization of the new school societies was perfected, and the control of the schools passed entirely into their hands until the district system of 1856 was adopted.

The Western Land bills had resulted in the establishment of a public school fund and in its just distribution, without reference to sectarianism, among the people. All the agitation attending both the certificate acts and Western Land bills had demonstrated the intense opposition of the dissenting minority, and that they were beginning to look to the increase of their numbers and the power of the ballot as the only means of changing the vexatious laws under which they were treated as inferiors. To the Congregationalists, strong both as the Established Church and as members of the Federal party, which counted many adherents among all the dissenting sects, the possibility that any voting strength could be brought against them, adequate to oppose their party measures, seemed improbable. Such a possibility must be very remote. Yet within twenty years, they were to see the downfall of the Federal party, of the Established Church, and of Connecticut's charter government.

FOOTNOTES:

[a] The vote of the Assembly was: "That the ancient form of civil government, containing the charter from Charles the Second, King of England, and adopted by the people of this State, shall be and remain the Civil Constitution of the State under the sole authority of the people thereof, independent of any King, or ftince whatever. And that this Republic is and shall forever be and remain a free, sovereign, and independent State, by the name of the State of Connecticut."—Revision of Acts and Laws, Ed. 1784, p. 1.

"Courts and juries had usually been composed of what was considered the standing church, and they had frequently practiced such quibbles and finesse with respect to the forms of certificates and the nature of dissenting congregations as to defeat the benevolent intentions of the law."—Swift's System of Laws, pp. 146, 147.