The close of the struggle for political freedom gave early proof that the cause of religious toleration had passed into a new stage. Dissent had grown in numbers and influence.[85] Distant voices, too, were being heard. Virginia’s noble example in adopting the Act Establishing Religious Freedom had given a practical demonstration of the complete severance of church and state. The impression created by this determination of the issue of religious freedom on the broadest possible basis had been profound throughout the country. When the Constitution of the United States was before the people of Massachusetts for ratification, in the fall and winter of 1787–88, they found in it a single provision concerning religion. Article VI provided: “No religious test shall ever be required as a qualification to any office or public trust in the United States.” So far had the eyes of dissenters in Massachusetts been opened to dangers lurking in legislative measures that a large proportion of the Baptist delegates in the state constitutional convention voted against the adoption of the instrument.[86] Besides, their hearts were set on some broad and yet specific guarantee of religious freedom under which their liberties would be safe. The First Amendment to the Constitution, which Congress proposed in 1789, seemed to fulfil their desire. It provided that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” With the adoption of this law by the majority of the states, the principle of full liberty of mind, conscience, and worship, had been written finally into the law of the land.

Yet this pronouncement of the national government could not bring to a full end the long struggle which had been waged. Only the sphere of the federal government was involved, and individual states were still free to deal with the institutions of religion and the rights of individuals as they might feel disposed, as long as the national welfare was not involved.[87] What actually happened in Massachusetts is well expressed by Isaac Backus: “The amendment about liberty of conscience is kept out of sight.”[88] The goods of Baptists continued to be levied upon to meet the ministerial tax.[89] Dissensions continued to arise in parishes over the settlement and support of ministers, dissenting minorities usually contesting the right of the majority to saddle upon them clergymen for whose ministrations they had no desire.[90] The annoyances and disabilities that dissenters and disaffected members of the Establishment suffered were clearly not so numerous nor so severe as they had been in the past;[91] none the less they were able to keep alive the impression that nothing but a spirit of bigotry and obdurate tyranny could explain the prolonged attitude and policy of the Standing Order.[92]

(b) Connecticut

Before directing attention to the effect which this weakening of the forces of ecclesiastical domination had upon the minds of the leaders of the Establishment, it will be necessary to review briefly the course which affairs took in Connecticut.[93]

Despite the fact that the founding of Connecticut had directly resulted from the ecclesiasticism of Massachusetts, the forces of ecclesiastical tyranny proved to be more strongly entrenched in Connecticut than in the parent state.[94] This was due in part to the homogeneity of the population,[95] but more largely to the degree of oversight of the religious life of the people, unusual even for Puritan New England, which the General Court of Connecticut exercised from the first.[96] In this connection it is to be observed that the impulses that lay back of the oppression of dissenters in Connecticut were not the same as those that shaped the situation in Massachusetts. The founders of Connecticut were out of sympathy with the theocratic ideal that prevailed in the mother colony; they frowned upon the harsh measures of repression which the authorities of Massachusetts adopted.[97] They held before them the ideal of a state wherein the maintenance of religion and the exercise of individual freedom should not be incompatible.

Yet as the event proved, the hand of religious tyranny fell heavily upon their posterity.[98] This happened, not because they were disposed to exercise harsher repressive measures than their fathers in curbing dissent, but because, in their extraordinary devotion to the churches of their own order, in their extreme care and watchfulness to strengthen them and to safeguard the whole range of their interests, they came into open conflict with the interests of dissenting bodies.[99] As early as 1669 the Congregational church was formally adopted as the state church.[100] From that day forward an intimate and intense paternalism characterized the attitude of the civil government toward the Establishment. Its most serious and permanent, as well as its lighter and occasional concerns, all were provided for with equal constancy. Contingencies of every description were either prudently anticipated or, arising suddenly, received the immediate and painstaking attention of the magistrates.[101]

The following list, though far from complete, will serve to illustrate this point. Without the consent of the General Court, churches could not be organized,[102] nor bonds be severed between pastors and their flocks.[103] The formation of new parishes and the fixing of their limits,[104] the calling of new ministers,[105] the determination of the time at which arrearages in ministers’ salaries must be paid fully,[106] the fixing of the location of new houses of worship,[107] the disposition of cases of discipline appealed from the decisions of local church courts,[108] the settlement of the question as to who were to be permitted to receive the Lord’s Supper,[109] the proffer of counsel concerning the behavior offended members were expected to manifest toward pastors for whom they entertained no affection nor respect[110]—these all were regarded as part of the proper business of the General Court.

The dangers inherent in such a system are not difficult to divine. The churches themselves upon which such paternal legislative care was imposed generally found their affairs taken out of their hands. Civil authority disciplined them and their members, and made independent ecclesiastical rule little more than a fiction. Again, the committal of the political government to a particular type of religious polity and worship aroused antagonisms in the minds of men who hated the palest shadow of the principle that the religion of a prince or government must be the religion of the people. However tolerant toward non-conformity such a state may show itself to be—and none will deny that Connecticut rose to comparatively high levels of justice in this regard[111]—the favoritism of government puts dissent at a disadvantage; and when narrow and intolerant men are at the helm of state, disadvantage passes rapidly into positive deprivation and injury. Once more, so close an alliance between politics and religion as the Standing Order in Connecticut represented, invites similar combinations on the part of men, some of whom have political and some religious objects to serve, and who, therefore, in the presence of a common foe gladly make common cause. All of which we shall see illustrated later.

Another general aspect of the situation in Connecticut concerns the development of synodical government within the Congregational church. At the beginning of the eighteenth century, out of a sense of the decay of religion in New England, as evidenced by the loosening of discipline and the weakening of ministerial influence,[112] the clergy of Massachusetts attempted to buttress church government and ministerial authority through the “Proposals of 1705.” These provided for the grouping of ministers in Associations which were to function in the following ways: pastors were to adopt their advice in all difficult cases; ministerial candidates were to be examined and licensed by them; pastorless, or “bereaved” churches were to be urged to apply to them for candidates; they were also to exercise a general oversight of religion, and to inquire into charges made against the character, conduct, or faith of any of their members. The “Proposals” also made provision for Standing Councils to be made up of delegates from these Ministerial Associations and lay members of the churches. These Standing Councils were “to consult, advise, and determine all affairs that shall be proper matter for the consideration of an ecclesiastical council within their respective limits.” Their judgments were to be accepted as final and obedience was to be enforced on penalty of forfeiting church-fellowship.[113] This bold step in the direction of bringing the churches of Massachusetts under more rigorous ecclesiastical control was not destined to succeed. Liberalizing elements stirred up powerful opposition, the legislature failed to give to the “Proposals” its support, and the movement fell through.[114]