manner every member, by lodging a certificate, may excuse himself from the fupport of the minister, and withdraw from the society; by which the fociety undergoes a total transformation, and a new one rifes out of the ruins of the old, difcharged from the contract to pay the falary of the minifter. The original fociety as it ref pects schools, continues in existence; but as relative to the fupport of public worship, it is diffolved, and of courfe the contract by the operation of a law in being when it was entered into by the minifter and people, is annulled, and at an end. The late acts of the legislature, refpecting diffenters, cannot be faid to be ex poft facto laws, authorifing a breach of contract, and destroying the faith of government. They are only the exercife of that power which the legislature has always exercised in altering and explaining the mode by which diffenters may attain that privilege, which had long before been granted to them, and to which they have been forever entitled by the laws of nature, and the principles of juftice. It may therefore be laid down as a pofition founded in truth, that the power of exempting by an act of the legislature, a person that becomes a diffenter, from a corporate contract, has ever been a part of the ecclefiaftical conftitution, and that the right of individuals to this exemption, is derived from that eternal bill of rights that originated from the fitnefs of things, and exifted prior to, and is independent of all human regulations.

But the most glorious improvement in the ecclefiaftical conftituti on was referved for the æra of the American revolution. In the revifion of the laws in 1784, the establishment of the church difci pline and government agreed upon by the fynod of Say-Brook was omitted, and liberty of confcience granted to chriftians of every denomination. Tho perhaps the legislature had it not in contemplation, yet here is a compleat renunciation of the doctrine, that an ecclesiastical establishment is neceffary to the fupport of civil government. No fect is invested with privileges fuperior to another, No creed is established, and no teft act excludes any perfon from holding any offices in government. The leading principle of the conftitution is founded on the acknowledged truth, that the fublime morality of the christian religion, is calculated to make men good eitizens, and that the beneficial effects of it will be most apparent,

where

where it is least shackled with human laws. The regulations there

grant to every perfon, the full liberty to adopt fuch creed as he pleases, and secure to every denomination, the power, and pri vilege of worshipping according to the dictates of their confciences. Thus we derive from the voluntary profeffion of religion, all the benefit of an ecclefiaftical establishment, without the inconveniencies,. Such is the history of the progrefs and gradual improvement of our ecclefiaftical conftitution. A concife view of the present state of it, will clofe this fubject.

The state is divided into certain districts, called societies, which have the power of affembling, of holding annual meetings, of appointing a clerk, treasurer and committee, of laying taxes, and appointing a collector to collect them. The major part of the inhabitants of a society have power to call and fettle a minister, and make agreements with him refpecting his falary, which fhail be binding or the whole, and their fucceflors. They are to lay taxes annually for the fupport of the gospel miniftry, and can ap point collectors, and enforce the collection. If the allowance for the maintenance of a minifter, be too fcanty, on application, the general a ffembly may grant relief, and where the preaching of the gofpel is neglected for a year or years, the general affembly may grant a tax, and when collected, the county court may dispose of it for the ufe of the miniftry in the fociety. Such are the powers vested in the located focieties. To prevent them from tyranui zing over the confciences or the property of any of the people, the law has provided that every denomination of chriftians, who differ from the worship and miniftry adopted by the major part of the inhabitants of the located focieties, may form themselves into diftinct churches or congregations for public worship, in fuch manner as they may judge proper, and that all perfons who attend fuch churches or congregations may give under their hand, a certificate of their diffent, and lodge the fame with the clerk of the located focieties, and become wholly independent of them, and are to all intents and purpofes, legal corporations-for the law provides, that all fuch churches and congregations which have or fhall form themselves as aforefaid, and who fhull maintain and attend public worship by themfelves, fhall have liberty and authority.

= Statutes, 235

. Ibid. 416

rity to exercise the fame powers, for maintaining and supporting their respective ministers, and for building and repairing meeting houses for the public worship of God, as the other focieties, and may in the fame manner commence and hold their meeting, and tranfact their affairs.

This is levelling all diftinctions and placing every denomination of chriftians equally under the protection of the law. Indeed the people are left to their own freedom, in the choice of their creed, and mode of worship. The major part of the inhabitants of the located focieties, poffefs the fame privilege. Before the revision of the laws in 1784, while the church difcipline adopted by the fynod of SayBrook, was in force, they were legally compellable to fupport the gofpel, in that manner and fince that time, they have by common confent recognized the authority of that fynod, and made their acts the bafis of ecclefiaftical government; but as this has no legal force, they may adopt or refufe it as they please; and may form any other rules of difcipline, according to their own fentiments. In confequence of this a perpetual variation of religion may take place, without any interruption from civil regulations, and

I have ventured to fay that all denominations of chriftians are placed on a footing by law, becaufe I confider they are fo in effe&t, tho a little diftinction is kept up, between the located and diffenting focieties. The located focieties have a right to tax all within their limits, who 'do not lodge certificates agreeable to law. The lodging of certificates by the diffenters, has been deemed by fome a mark of degradation, but this idea may be removed when it is confidered that it is not an act acknowledging any fuperiority in the located focieties, it is nothing more than an act in the diffenter, to inform the located fociety, that he does not belong to them. It is only a legal mode of evidence to afcertain to what society the people belong. It is a part of the acts neceflary to be done, to conftitute a new fociety; and when a number of perfons, who diffent from the located fociety, have entered into a mutual agreement, established public worship, and lodged their certificates, they are during the continuance thereof, a compleat, legal, corporation, and are precifely on the fame bafis with all other focieties, without being amenable to them in any refpect. As the located focieties were first established, and are the most numerous, it was reafonable that diffenters who formed new focieties, fhould lodge certificates with them.

Another difference is, that where a perfon attends on public worship in no religious fociety, he fhall he taxed in the located focicties. Such perfon ought to be taxed fome where, and as diffenters, can have no claim upon perfons, who do not join them, there is no injuflice done them, by permitting perfons who belong no where to be taxed where it will be moft convenient for it would be difficult for diffenters to adopt a mode to afcertain fuch perfons, while the located focieties, can do it with the utmost facility.

:

When I use the word diffenters, it is only for the sake of distinction, for I confider the inhabitants of the located focieties, to be as much diffenters from ether focieties, as I do them from the located focicties.

and christianity in every poffible shape, is fo far countenanced' as to give the profeffors an undisturbed enjoyment of their own opinions. It is very poffible, that the fect in the located focieties, which have confidered themselves established, may cease to be the major part, and become the minor, and be obliged to give certifi cates to them whom they now call diffenters. This opens the door for the progreffive improvement of religion unfhackled by human laws. Many of the abfurd and irrational doctrines which havefo long disfigured and difgraced christianity, are already exploded," and there is a prospect that many more will foon meet with the fame fate. Mankind are rejecting thofe falfe appendages of religion, which have fo long impofed upon them penances and reftraints, that have only contributed to encreafe their wretchedness and mifery. They begin to entertain an idea, that religion was not inftituted for the purpose of rendering them miferable, but hap. py, and that the innocent enjoyments of life, are not repugnant to the will of a benevolent God,. They believe there is incre me. rit in acting right, than in thinking right; and that the condition of men in a future ftate, will not be dependent on the fpeculativeopinions, they may have adopted in the prefent.

coun

It is a pleafing confideration, that pure religion and moral virtue, have augmented in proportion to the progrefs of liberality of fentiment, and that every relaxation of the feverity of the ecclefiaftical eftablishment, has contributed to the ftability of govern-ment, and the happiness of the people, There are many who having in early youth, imbibed the falle principle that government cannot exist without a civil establishment of religion, are now unwilling to refcind it but a contemplation of this fubject, muft furnish the clearest demonstration. It will be found in all tries that ecclefiaftical establishments have fubjected mankind to a defpotifm that has largely contributed to their distress, and that human happiness has been proportioned to religious liberty. In this ftate, fince the rejection of our ecclefiaftical establishment, religion has become more flourishing, government more energetic, and the people more peaceable. Thefe confiderations muft demonstrate the important truth, that a religious establishment is not neceffary to the fupport of civil government, and that religion left to itself, will produce the happieft influence on civil fociety.

VOL. I.

U

A

A queftion of importance has been frequently agitated with ref pect to the right of government, to interfere in the concerns of religion. I am clearly of opinion that no legislature has a right to prefcribe the ceremonies, the creed or the difcipline of a church: but that where the people in general acknowledge the truth of a particular religion, and the duty of public worship, the legislature may ftep in to their aid, and enact laws that are neceffary to enable them to fupport public worship in a manner agreeable to their confciences. In this ftate, the people in general recognize the truth of the chriftian religion, and the duty of public worship. The legislature without establishing any religion, has considered christianity to be the religion of the people, and has enacted laws to authorife the people to maintain public worship, in the manner which they deem proper. No mode of worship is prescribed, no creed is established, no church difcipline enforced. In point of principle there is no coercion. In point of fupport there is no compulsion, only in fuch manner as by their own acts, all have acknowledged to be right, and to which they have agreed to fubmit. A Jew, a Mehometan, or a Branin, nray practice all the rites and ceremonies of their religion, without interruption, or danger of incurring any punishment. A fair çonftruction of the law will give to every perfon that religious liberty, which leaves no ground for complaint or dislatisfaction. Every christian may believe, worship, and fupport in fuch manner as he thinks right, and if he does not feel difpofed to join public worship, he may ftay at home and believe as he pleases, without any inconvenience, but the payment of his tax to fupport public worship in the located fociety where he lives.

The only ground of difpute between different denominations, is with regard to the conftruction of the ftatute, fecuring the rights of confcience. Heretofore, diffenters, as it was always in the power of the inhabitants of the located focieties, to try the legality of their certificates of diffent, have been fubjected to hard and rigourous ufage. Courts and juries have ufually been compofed of what was confidered the ftanding church, and they have frequently practifed fuch quibbles and fineffe with refpect to the forms of certifi

cates