The Development of Religious Liberty in Connecticut

by M. Louise Greene

Sec. 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave written notice thereof with the Clerk of such society he shall thereupon be no longer liable for any future expenses, which may be incurred by said society.

The Federalists contested its passage at every point, and succeeded in modifying the first draft in important particulars, but could not prevent complete severance of Church and State, nor the constitutional guarantee to all denominations of religious liberty and perfect equality before the law. To the first clause as reported—"It being the right and duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, in the mode most consistent with the dictates of their consciences"—Governor Treadwell objected that "Conscience may be perverted, and man may think it his duty to worship his Creator by image, or as the Greeks and Romans did; and though he would tolerate all modes of worship, he would not recognize it in the Constitution, as the duty of a person to worship as the heathen do." Mr. Tomlinson afterwards moved to amend the clause to its present shape, "The duty of all men to worship… and their right to render that worship." Governor Treadwell objected that the same clause went "to dissolve all ecclesiastical societies in this State. That was probably its intent as Messrs. Joshua Stow and Gideon Tomlinson had drafted it. The former answered all objections by asserting that "if this section is altered in any way, it will curtail the great principles for which we contend." [ah]

The first section was finally adopted by a vote of 103 to 86, while a motion to strike out the second section was rejected by 105 to 84. On its final revision it read:—

Sec. 1. It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, and their right to render that worship in the mode most consistent with the dictates of their consciences; no person shall, by law, be compelled to join or support, nor be classed with, or associated to, any congregation, church, or religious association. But every person now belonging to such congregation, church, or religious association, shall remain a member thereof, until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every society or denomination of Christians, in this state, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any such society meeting, warned and held according to law, or in any other manner. [ai]

During the last revision of the constitution Mr. Terry had offered the two amendments that continue the old ecclesiastical societies as corporate bodies. [217]

The draft of the whole constitution was read through for the last time as amended and ready for acceptance or rejection, and put to vote on September 15, 1818. It was passed by 134 yeas to 61 nays. The constitution then went before the people for their consideration [aj] and ratification. For a while its fate seemed doubtful; but by the loyalty of the Federal members of the convention and their efforts in their own districts the whole state gave a majority for ratification. The southern counties, with a vote of 11,181, gave a majority for ratification of 2843; the northern counties, with a vote of 15,101, gave a majority against ratification of 1189. [218]

The Toleration party as such had triumphed, and they felt that they had won all they had promised the people, for they had secured "the same and equal powers, rights and privileges to all denominations of Christians." They had also cleared the way for a broader suffrage and for the proper election laws to guarantee it. At the last two elections the Republicans in the Toleration party had carefully separated state and national issues, and had in large measure forborne from criticism of the partisan government, insisting that the people's decision at the polls would give them—the people—rather than any political party, the power to correct existing abuses. The Republicans also insisted that the Tolerationists, no matter what their previous party affiliation, would with one accord obey the behests of the sovereign people. But when the constitution was an assured fact the Republicans felt that the Federalist influence had dominated the convention, and the Federalists that altogether too much had been accorded to the radical party. Nevertheless it was the loyalty of the Federal members of the convention that won the small majority for the Tolerationists and for the new constitution, even if that loyalty was founded upon the belief, held by many, that the choice of evils lay in voting for the new regime.

The constitution of 1818 was modeled on the old charter, and retained much that was useful in the earlier instrument. The more important changes were: (1) The clearer definition and better distribution of the powers of government. (2) Rights of suffrage were established upon personal qualifications, and election laws were guaranteed to be so modified that voting should be convenient and expeditious, and its returns correct. (3) The courts were reorganized, and the number of judges was reduced nearly one half, while the terms of those in higher courts were made to depend upon an age limit (that of seventy years), efficiency, and good behavior. Their removal could be only upon impeachment or upon the request of at least two thirds of the members of each house. Judges of the lower courts, justices of the peace, were still to be appointed annually by the legislature, and to it the appointment of the sheriffs was transferred. [ak] (4) Amendments to the constitution were provided for. (5) Annual elections and annual sessions of the legislature, alternating between Hartford and New Haven, were arranged for, and by this one change alone the state was saved a yearly expense estimated at $14,000, a large sum in those days. (6) The governor [al] was given the veto power, although a simple majority of the legislature could override it. (7) The salaries of the governor, lieutenant-governor, senators, and representatives were fixed by statute, and were not alterable to affect the incumbent during his term of office. (8) And finally, the union of Church and State was dissolved, and all religious bodies were placed upon a basis of voluntary support.

Among the minor changes, the law that before the constitution of 1818 had conferred the right of marrying people upon the located ministers and magistrates only, thereby practically excluding Baptist, Methodist and Universalist clergy, now extended it to these latter. While formerly the only literary institution favored was Yale College, Trinity College, despite a strong opposition, was soon given its charter, and one was granted later to the Methodists for Wesleyan College at Middletown. Moreover, the government appropriated to both institutions a small grant. The teaching of the catechism, previously enforced by law in every school, became optional. Soon a normal school, free to all within the state, was opened. The support of religion was left wholly to voluntary contributions. [am] The political influence of the Congregational clergy was gone. "The lower magistracy was distributed as equally as possible among the various political and religious interests," and the higher courts were composed of judges of different political opinions.

The battle for religious liberty was won, Church and State divorced, politics and religion torn asunder. The day of complete religious liberty had daw'ned in Connecticut, and in a few years the strongest supporters of the old system would acknowledge the superiority of the new. As the "old order changed, yielding place to new," many were doubtful, many were fearful, and many there were who in after years, as they looked backward, would have expressed themselves in the frank words of one of their noblest leaders: [an] "For several days, I suffered what no tongue can tell for the best thing that ever happened to the State of Connecticut."