The climax of the high-handed measures of the supporters of the Establishment was doubtless reached in this legislation. A retrograde movement in the cause of religious toleration set in,[135] the direct effects of which were not quickly overcome. Henceforth dissenters were to be annoyed and hampered as they had not been before. The necessity of appearing in person before the General Court when seeking exemption from ecclesiastical burdens,[136] the embarrassments and hardships that dissenting ministers suffered in their efforts to supply religious counsel to their people,[137] the growing aversion of the General Court to granting permission to unorthodox and dissenting groups to organize,[138] all serve to indicate the strength of the reaction that had set in.
The impressions produced by this excess were even more significant than the direct results, deplorable as the latter were.[139] In the middle of the eighteenth century the Standing Order in Connecticut had gained for themselves an unenviable record for bigotry and persecution from which the events of the latter half of the century by no means cleared them.
For a quarter of a century following the enactment of the legislative measures just considered, no advance step, general in its nature, was taken. Here and there a little larger measure of freedom was doled out to this or that aggrieved dissenting minister or church; but the situation as a whole was not materially changed. “Restriction was the rule, freedom the exception, and government the absolute and irresponsible dispenser of both.”[140] Finally, in 1778 some evidence that a change in sentiment was under way appeared in the fact that Separatists were exempted from taxes to support the state church. Six years later, in 1784, more satisfactory proof was forthcoming. That year, by the passing of an act entitled, “An Act for Securing the Rights of Conscience in Matters of Religion, to Christians of Every Denomination in this State,”[141] the General Court tacitly abrogated the Saybrook Platform and set the institutions of religion in Connecticut upon a new base. The act declared
That no Persons in this State, professing the Christian Religion, who soberly and conscientiously dissent from the Worship and Ministry by Law established in the Society wherein they dwell, and attend public Worship by themselves shall incur any Penalty for not attending the Worship and Ministry so established, on the Lord’s Day, or on account of their meeting together by themselves on said Day, for public Worship in a Way agreeable to their consciences.
It was further declared that Christians of every Protestant denomination, “whether Episcopal Church, of those Congregationalists called Separates, or of the people called Baptists, or Quakers, or any other Denomination who shall have formed themselves in distinct Churches or Congregations,” and who helped to maintain their worship, were to be exempted from the support of any other church than their own. Further, all such dissenting congregations were to enjoy the same power and privileges in the support of their ministry, and in the building and repairing of their houses of worship, as those churches which were established by law. Such persons as did not belong to any of these dissenting bodies were to be taxed for the support of the state church.[142]
The spirit of toleration had traveled far; but that the struggle for complete religious freedom was yet by no means won will immediately appear from the following restrictions: (1) Protestants only were contemplated as beneficiaries under the act; (2) the principle of taxation for the support of the state church was retained; (3) the obligation to support some form of Christian worship was required; (4) the benefits of that provision of the act which guaranteed to dissenters exemption from ecclesiastical taxation were to be available only on the condition that a certificate, signed by an officer of a dissenting congregation, should be deposited with the clerk of the state church near which the dissenter lived.
A formidable number of the objectionable features of the older legislation were thus retained. The state church was still in existence. Taxation for the support of religion was still the law of the commonwealth. Dissenters were still compelled to put themselves to the trouble and humiliation of obtaining the detested certificates. Besides, the ghost of religious persecution was not yet laid. Goods and chattels of the religiously indifferent, or of conscientious dissenters, continued to be seized and sold by officers of the law, to discharge unsatisfied levies made for the support of the Establishment.[143]
The principle of requiring certificates proved to be the chief bone of contention between the Standing Order and dissenters as the century drew to its close. The rapid growth of dissenting bodies in the period following the Revolution, aided as they were by a zeal for proselyting on the part of their leaders and by a set of the public mind decidedly favorable to their propaganda because of their democratic leanings, was met by corresponding anxiety and sternness on the part of the supporters of the Establishment. Confusing, as they habitually did, the interests of the state church with the cause of religion, the representatives of the Standing Order led themselves to believe that a contagion of irreligion was spreading alarmingly, and therefore restrictive religious legislation was in order.[144] In line with this conviction, in May, 1791, the legislature enacted a law requiring dissenters to have their certificates signed by at least one, and preferably two, civil officers, instead of as provided in the act of 1784. This law proved peculiarly distasteful to dissenters.[145] A powerful opposition developed; and the authorities, made aware of the fact that they had over-reached themselves, six months later withdrew the obnoxious act, substituting for it another which permitted each dissenter to write and sign his own certificate, but requiring him, as before, to file it with the clerk of the state church near which he lived.[146] The momentary wrath of dissenters was thus mollified; however, the retention of the certificate principle continued to gall and to excite them. A disagreeable discussion dragged itself along, marked by acrimony, pettiness, and personal attacks on both sides; by a consolidation of the forces and interests of dissenters and Republicans on the one hand, and a growing sense of injured innocence and of concern for the fate of religion on the part of the Standing Order.[147]