The Sacred Rights of Conscience: Selected Readings on Religious Liberty and Church-State Relations in the American Founding available in Hardcover
The Sacred Rights of Conscience: Selected Readings on Religious Liberty and Church-State Relations in the American Founding
- ISBN-10:
- 0865977143
- ISBN-13:
- 9780865977143
- Pub. Date:
- 08/04/2009
- Publisher:
- Liberty Fund, Incorporated
- ISBN-10:
- 0865977143
- ISBN-13:
- 9780865977143
- Pub. Date:
- 08/04/2009
- Publisher:
- Liberty Fund, Incorporated
The Sacred Rights of Conscience: Selected Readings on Religious Liberty and Church-State Relations in the American Founding
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Daniel L. Dreisbach is Professor in the School of Public Affairs at American Universityin Washington, D.C.
Mark David Hall is Herbert Hoover Distinguished Professor of Political Science at George Fox University.
Product Details
ISBN-13: | 9780865977143 |
---|---|
Publisher: | Liberty Fund, Incorporated |
Publication date: | 08/04/2009 |
Pages: | 712 |
Sales rank: | 875,153 |
Product dimensions: | 8.80(w) x 11.30(h) x 1.70(d) |
Age Range: | 18 Years |
Table of Contents
List of Illustrations xix
introduction: The Pursuit of Religious Liberty in America xxi
part i
Antecedents of the Principles Governing Religious Liberty and
Church-State Relations in America
chapter one
Biblical and European Heritages 3
king james version of the holy
scriptures 4
Genesis 1:26 – 27; 3:1 – 24 4
Exodus 1:15 – 21; 18:13 – 27; 20:1 – 17 6
Leviticus 25:10 7
Leviticus 26:1 – 46 8
Deuteronomy 13:1 – 5; 17:1 – 20 9
I Samuel 8 11
II Chronicles 7:14 12
Proverbs 14:34; 29:2 12
Isaiah 49:22 – 23; 60:12 12
Matthew 5:38 – 48; 22:15 – 22 12
Luke 22:38 13
John 18:36 13
Acts 5:27 – 29 13
Romans 13:1 – 8 14
II Corinthians 6:14 – 18 14
I Peter 2:9 – 3:6 14
european influences 15
St. Augustine, City of God, 410 – 26 16
St. Augustine, On the Correction of the
Donatists, c. 417 16
St. Thomas Aquinas, On the Government of
Princes, 1267 17
Martin Luther, Temporal Authority: To
What Extent It Should Be Obeyed,
1523 19
The Schleitheim Confession of Faith, 1527 21
John Calvin, Institutes of the Christian S
Religion, 1559 24
Act of Supremacy, 1534 27
Act of Uniformity, 1559 27
Thirty-nine Articles of the Church of
England, 1562, and 1801 American
Revisions 27
Richard Hooker, Of the Laws of
Ecclesiastical Polity, 1590s 30
The First London Baptist Confession of
Faith, 1646 34
Westminster Confession of Faith, 1646,
and 1788 American Revisions 36
Thomas Hobbes, Leviathan, 1651 39
William Penn, The Great Case of Liberty
of Conscience, 1670 42
John Locke, A Letter on Toleration, 1689 47
John Locke, The Second Treatise, 1690 47
Toleration Act, 1689 51
John Trenchard and Thomas Gordon, Cato’s
Letters: Letter 66, 1721 55
Montesquieu, The Spirit of the Laws, 1748 60
William Blackstone, Commentaries on the
Laws of England, 1769 62
Adam Smith, The Wealth of Nations, 1776 76
Recommendations for Further Reading 79
part ii
Creating the Principles Governing Religious Liberty and
Church-State Relations in Colonial America
chapter two
Fundamental Laws, Declarations of Rights, and Public Acts on Ecclesiastical Establishments and Religious Liberty
in Colonial America 83
Articles, Laws, and Orders, Virginia,
1610 – 11 84
The Mayflower Compact, 1620 86
Providence Agreement, 1637 88
Fundamental Orders of Connecticut,
1638 – 39 88
The Laws and Liberties of Massachusetts,
1647 89
Selected Laws of Rhode Island, 1647 103
An Act Concerning Religion, Maryland,
1649 103
Provisional Regulations for the Colonists
of New Netherland, 1624 107
Dutch West India Company Instructions,
1656 107
Flushing Remonstrance, 1657 107
Dutch West India Company Instructions,
1663 107
Massachusetts General Court, An Act Made at a General Court, Held at Boston, the
20th of October, 1658 110
Massachusetts General Court, A Declaration of the General Court of the Massachusetts Holden at Boston in
New-England, October 18, 1659. Concerning the Execution of Two
Quakers 110
An Act for the Suppressing the Quakers,
Virginia, 1659 113
Charter of Rhode Island and Providence
Plantations, 1663 114
William Penn, Frame of Government of
Pennsylvania, 1682 116
William Penn, Laws Agreed Upon in
England, &c., 1682 116
The Fundamental Constitutions of
Carolina, 1669 119 S
Recommendations for Further Reading 121
chapter three
Letters, Tracts, and Sermons on Religious
Roger Williams, Letter to the Town of
Providence, 1654 146
Nathaniel Ward, The Simple Cobbler of
Aggawam in America, 1646 155
Liberty and Duty in Colonial America 122
John Winthrop, A Modell of Christian
Charitie, 1630 123
John Winthrop, Little Speech on Liberty,
1645 123
John Cotton, A Discourse about Civil
Government, 1637 – 39 133
Roger Williams, Mr. Cottons Letter Lately
Printed, Examined and Answered, 1644 146
Roger Williams, The Bloudy Tenent, of
Persecution, for Cause of Conscience,
1644 146
The Cambridge Platform, 1648 165
Elisha Williams, The Essential Rights and
Liberties of Protestants, 1744 173
Charles Chauncy, Civil Magistrates Must
Be Just, Ruling in the Fear of God, 1747 179
Samuel Davies, State of Religion among the
Protestant Dissenters in Virginia, 1751 195
Samuel Adams, The Rights of the
Colonists, a List of Violations of Rights
and a Letter of Correspondence, 1772 202
Isaac Backus, An Appeal to the Public for
Religious Liberty, 1773 204
Recommendations for Further Reading 212
part iii
Framing the Constitutional Principles Governing Religious Liberty and
Church-State Relations in the American Founding
chapter four
The Continental and Confederation
Congresses and Church-State Relations 215
John Adams, Letter to Abigail Adams,
September 16, 1774 216
Congressional Resolution Calling for a
Day of Public Humiliation, Fasting,
and Prayer, June 1775 217
Rules and Orders for the Continental
Army, June 1775 218
Congressional Chaplains, 1775 – 88 218
The Declaration of Independence,
July 4, 1776 220
Congressional Resolution Calling for a
Day of Thanksgiving, November 1, 1777 222
The Articles of Confederation and
Perpetual Union, November 1777 224
Congressional Resolution Recommending the Promotion of Morals, October
1778 225
Congressional Resolution Calling for a
Day of Fasting, Humiliation, and Prayer,
March 20, 1779 226
Congressional Resolution Calling for a
Day of Thanksgiving and Prayer,
October 1780 228
Texts Concerning the National Seal,
August 1776 and June 1782 229
Aitken’s Bible, January 21, 1781, and
September 12, 1782 230
Congressional Resolution Calling for a
Day of Thanksgiving, October 18,
1783 233
An Ordinance for the Government of the S
Territory of the United States, NorthWest of the River Ohio [Northwest
Ordinance], July 1787 236
Recommendations for Further Reading 238
chapter five
State Constitutions, Laws, and Papers on
Church and State in Revolutionary
America 239
Virginia Declaration of Rights, 1776 241
Pennsylvania Constitutions, 1776 and 1790 241
South Carolina Constitution, 1778 243
Massachusetts Constitution, 1780 245
A Bill Concerning Religion, Virginia, 1779 247
A Bill for Establishing Religious Freedom, Virginia, 1779 and 1786 250
A Bill for Punishing Disturbers of
Religious Worship and Sabbath
Breakers, Virginia, 1786 251
A Bill for Appointing Days of Public
Fasting and Thanksgiving, Virginia, 1779 252
A Bill Establishing a Provision for Teachers
of the Christian Religion, Virginia, 1784 252
Resolutions and Address by the Maryland
House of Delegates, January 8, 1785 253
B. F. Morris, State Constitutional Provisions and Proclamations Related to Religion 257
Recommendations for Further Reading 265
chapter six
Petitions, Essays, and Sermons on Church
and State in Revolutionary America 266
Petition of the German Congregation of
Culpeper, Virginia, October 1776 267
Petition of Sundry Inhabitants of Prince
Edward County, Virginia, October 11,
1776 268
Memorial of the Presbytery of Hanover,
Virginia, October 24, 1776 269
Memorial from Clergy of the Established
Church, Virginia, November 8, 1776 270
Memorial of the Presbytery of Hanover,
Virginia, June 3, 1777 272
Worcestriensis, Number IV, September 4,
1776 273
Isaac Backus, A Declaration of the Rights, of the Inhabitants of the State of Massachusetts-Bay, in New-England,
1779 276
John Witherspoon, Sermon Delivered at a
Public Thanksgiving after Peace, 1782 278
Thomas Jefferson, Notes on the State of
Virginia, Query XVII and Query XVIII,
1782, 1787 290
Petition for Equality by the Philadelphia Synagogue to Council of Censors of Pennsylvania, 1783 294
George Washington, Circular to the States,
1783 296
Memorial of the Presbytery of Hanover,
Virginia, May 26, 1784 298
Memorial of the Presbytery of Hanover,
Virginia, November 12, 1784 301
Memorial of the Presbytery of Hanover,
Virginia, November 2, 1785 304
Petition in Favor of Religious Assessments from Westmoreland County, Virginia, November 2, 1784 307
Petition Against Religious Assessments from Westmoreland County, Virginia, November 2, 1784 307
James Madison, A Memorial and
Remonstrance Against Religious
Assessments, 1785 309
Publius [James Madison], The Federalist
Papers, Number 10, 1787 314
Publius [James Madison], The Federalist
Papers, Number 51, 1788 314
Thomas Reese, An Essay on the Influence of
Religion in Civil Society, 1788 316
John Leland, The Rights of Conscience
Inalienable, 1791 335
Recommendations for Further Reading 345
chapter seven
References to God and the Christian
Religion in the U.S. Constitution 346
Benjamin Franklin, Call for Prayer in the
Constitutional Convention, June 28,
1787 348
U.S. Constitution, 1788 349
Publius [James Madison], The Federalist
Papers, Number 37, 1788 350
William Williams, Letter to the
Landholder, February 11, 1788 351
Essay by Elihu, February 18, 1788 352
Benjamin Rush, Letter to Elias
Boudinot(?), July 9, 1788 353
Benjamin Rush, Letter to John Adams,
June 15, 1789 355
Address of the Presbytery of the Eastward to George Washington, October 28,
1789 355
George Washington, Letter to the
Presbyterian Ministers of Massachusetts
and New Hampshire, November 2, 1789 357
Timothy Dwight, Jr., A Discourse, in Two
Parts, 1812 358
Timothy Dwight, Jr., President Dwight’s Decisions of Questions Discussed by the Senior Class in Yale College, in 1813 and
1814, 1833 359
Alexander M’Leod, A Scriptural View of the
Character, Causes, and Ends of the
Present War, 1815 359
James R. Willson, Prince Messiah’s Claims to Dominion over All Governments: and the Disregard of His Authority by the
United States, in the Federal
Constitution, 1832 360
James A. Bayard, Jr., A Brief Exposition of the Constitution of the United States,
1833 364
Recommendations for Further Reading 365
chapter eight
The Religious Test Ban of the U.S.
Constitution 366
Benjamin Franklin, Letter to Richard Price, October 9, 1780 368
Noah Webster, On Test Laws, Oaths of Allegiance and Abjuration, and Partial Exclusions from Office, March
1787 368
Records of the Constitutional Convention
of 1787 370
U.S. Constitution, Article VI, Clause 3,
1788 373
Jonas Phillips, Letter to the President and
Members of the Constitutional
Convention, September 7, 1787 374
James Madison, Letter to Edmund
Pendleton, October 28, 1787 375
An American Citizen [Tench Coxe],
An Examination o the Constitution
for the United States of America, 1788 375
A Landholder [Oliver Ellsworth], No. 7,
December 17, 1787 376
William Williams, Letter to the
Landholder, February 11, 1788 379
Publius [James Madison], The Federalist
Papers, Number 52, 1788 380
Publius [James Madison], The Federalist
Papers, Number 57, 1788 381
James Madison, Letter to Edmund
Randolph, April 10, 1788 381
Luther Martin, The Genuine Information,
1788 382
Essay by Samuel, Boston, January 10, S
1788 382
A Friend to the Rights of the People, New
Hampshire, February 8, 1788 383
Letter by David, March 7, 1788 383
Aristocrotis, The Government of Nature
Delineated; or An Exact Picture of the
New Federal Constitution, 1788 385
Debate in Connecticut Ratifying
Convention, January 9, 1788 388
Debate in Massachusetts Ratifying
Convention, January 19, 23, 30, and
February 4, 1788 388
Debate in Virginia Ratifying Convention,
June 6, 10, and 12, 1788 391
Debate in North Carolina Ratifying
Convention, July 30, 1788 394
Proposed Amendment, South Carolina
Ratifying Convention, May 23, 1788 400
Joseph Story, Commentaries on the
Constitution of the United States,
1833 400
Recommendations for Further Reading 404
chapter nine
The First Amendment to the U.S.
Constitution 405
George Mason, Objections to This
Constitution of Government,
c. September 16, 1787 407
Richard Henry Lee, Proposed Amendments, October 1, 1787 407
John Leland, Objections to the
Constitution, February 28, 1788 408
John Francis Mercer, A Farmer, No. 1,
February 15, 1788 409
John Francis Mercer, A Farmer, No. 7,
April 11, 1788 410
Thomas Jefferson, Letter to James Madison, December 20, 1787 412
James Madison, Letter to Thomas Jefferson, October 17, 1788 413
Selected Amendments Proposed by the
State Ratifying Conventions 415
James Madison, Speech in the First
Congress Introducing Amendments to
the U.S. Constitution, June 8, 1789 418
Debates in the First Congress on the
Religion Clauses, 1789 426
U.S. Constitution, Amendment I, 1791 433
Joseph Story, Commentaries on the
Constitution of the United States,
1833 433
Recommendations for Further Reading 438
part iv
Defining and Testing the Constitutional Principles Governing Religious
Liberty and Church-State Relations in the New Nation
chapter ten
Religion and the Public Policy and Culture
of the New Nation 441
oaths of office, 1788 – 91 442
U.S. Constitution, 1788 442
An Act to Regulate the Time and Manner of Administering Certain Oaths, June 1,
1789 442
B. F. Morris, Christian Life and Character
of the Civil Institutions of the United States, 1864 443
U.S. Constitution, Fourth Amendment,
1791 445
religion and the presidency 446
George Washington, inaugural address,
April 30, 1789 446
John Adams, inaugural address, March 4,
1797 448
Thomas Jefferson, inaugural address,
March 4, 1801 449
James Madison, inaugural addresses,
March 4, 1809, and March 4, 1813 452
George Washington, presidential proclamations, October 3, 1789, and
January 1, 1795 453
John Adams, presidential proclamations,
March 23, 1798, and March 6, 1799 455
James Madison, presidential proclamations, July 9, 1812, July 23, 1813, November 16,
1814, and March 4, 1815 458
George Washington, Letter to the United
Baptist Churches of Virginia, May 10,
1789 461
George Washington, Letter to the Hebrew
Congregation in Newport, Rhode
Island, August 18, 1790 464
Alexander Hamilton, Draft of Washington’s
Farewell Address, July 1796 465
George Washington, Farewell Address, 1796 468
George Washington, Letter to the
Philadelphia Clergy, March 3, 1797 470
John Adams, Letter to the Officers of the
First Brigade of the Third Division of
the Militia of Massachusetts, October 11,
1798 471
congressional chaplains and actions
of congress 471
Congressional Chaplains, 1789 472
An Act to Provide for the Government of the Territory Northwest of the River Ohio [Northwest Ordinance],
August 7, 1789 473
An Act for the Punishment of Certain
Crimes against the United States,
April 30, 1790 473
Military Chaplains and Regulations, 1791,
1806 473
An Act Regulating the Grants of Land Appropriated for Military Services, and for the Society of the United Brethren, for
Propagating the Gospel among the
Heathen, June 1, 1796 475
treaties 475
Treaty of Peace and Friendship between the United States of America and the Bey and Subjects of Tripoli, of Barbary,
1797 475
Treaty with Kaskaskia Indians, 1803 476
Recommendations for Further Reading 477
chapter eleven
Religion and Politics in the Election of
1800 478
pamphlets 480 [William Linn], Serious Considerations on
the Election of a President: Addressed to the Citizens of the United States, New
York, 1800 480
Grotius [DeWitt Clinton], A Vindication of Thomas Jefferson; against the Charges Contained in a Pamphlet Entitled,
“Serious Considerations,” &c.,
New York, 1800 493
private correspondence 513
Thomas Jefferson, Letter to Benjamin Rush, September 23, 1800 513
Thomas Jefferson, Letter to Dr. Joseph
Priestley, March 21, 1801 514
Thomas Jefferson, Letter to Moses Robinson, March 23, 1801 516
Abigail Adams, Letter to Thomas Jefferson,
July 1, 1804 516
John Adams, Letter to Benjamin Rush,
June 12, 1812 518
Recommendations for Further Reading 519
chapter twelve
Thomas Jefferson and the “Wall of
Separation” 520
roots of the metaphor 522
Richard Hooker, Of the Laws of
Ecclesiastical Polity, 1590s 522
Roger Williams, Mr. Cottons Letter Lately
Printed, Examined and Answered,
1644 523 [James Burgh], Crito, or Essays on Various
Subjects, 1767 524
jefferson and the “wall of
separation” metaphor 525
Danbury Baptist Association, Letter to
Thomas Jefferson, October 7, 1801 526
Thomas Jefferson, Letter to Attorney
General Levi Lincoln, January 1,
1802 527
Levi Lincoln, Letter to Thomas Jefferson,
January 1, 1802 527
Gideon Granger, Letter to Thomas
Jefferson, December 1801 528
Thomas Jefferson, Letter to Messrs.
Nehemiah Dodge, Ephraim Robbins,
and Stephen S. Nelson, January 1, 1802 528
understanding jefferson’s
metaphor 530
Thomas Jefferson, Second Inaugural
Address, March 4, 1805 530
Thomas Jefferson, Letter to the Reverend
Samuel Miller, January 23, 1808 531
the metaphor and american law 532
Reynolds v. United States, 1879 532
Everson v. Board of Education, 1947 533
Wallace v. Jaffree, 1985 534
Recommendations for Further Reading 536
chapter thirteen
Christianity, the Common Law, and the
American Order 537
essays and letters 539
Thomas Jefferson, Whether Christianity Is
Part of the Common Law? [1764?] 539
Thomas Jefferson, Letter to Dr. Thomas
Cooper, February 10, 1814 543
Thomas Jefferson, Letter to Major John
Cartwright, June 5, 1824 547 [Joseph Story], Christianity a Part of the
Common Law, 1833 551
Is Christianity a Part of the Common-Law
of England? 1836 552
judicial opinions 559
People v. Ruggles, 1811 559
Updegraph v. Commonwealth, 1824 561
State v. Chandler, 1837 570
Recommendations for Further Reading 587
chapter fourteen
Reflections on the American
Church-State Experiment 588
James Madison, Detached Memoranda,
c. 1817 589
James Madison, Letter to Robert Walsh,
March 2, 1819 594
James Madison, Letter to Jacob de la Motta,
August 1820 595
Thomas Jefferson, Letter to Jacob de la
Motta, September 1, 1820 596
James Madison, Letter to Edward
Livingston, July 10, 1822 596
Jasper Adams, The Relation of Christianity to Civil Government in the United
States, 1833 597
John Marshall, Letter to Jasper Adams,
May 9, 1833 611
Joseph Story, Letter to Jasper Adams,
May 14, 1833 611
James Madison, Letter to Jasper Adams,
September 1833 612
Alexis de Tocqueville, Democracy in
America, 1835 614
Recommendations for Further Reading 621
appendixes
Historical Chronology, 1607 – 1833 625
Summary of Deliberations in the First
Federal Congress on the First
Amendment Religion Provisions, 1789 637
Selected Bibliography 641
Index 651