I have examined David Barton’s claim that:
The Baptists expressed to Jefferson grave concern over protection for the “free exercise of religion” in the U. S. Constitution. It suggested to the Danbury Baptists that the right of religious expression was government-given rather than God-given.
My view is:
The Danbury Baptists said nothing whatsoever in their 1801 letter to President Jefferson regarding a grave concern over protection for the free exercise of religion in the U. S. Constitution. In their letter, the Baptist expressed their religious liberty concerns as follows:
Our constitution of government is not specific. Our ancient charter together with the law made coincident therewith, were adopted as the basis of our government, at the time of our revolution; and such had been our laws and usages, and such still are; that religion is considered as the first object of legislation; and therefore what religious privileges we enjoy (as a minor part of the state) we enjoy as favors granted, and not as inalienable rights; and these favors we receive at the expense of such degrading acknowledgements as are inconsistent with the rights of freemen.
The “constitution of government” the Baptists were referring to was the Connecticut Colonial Charter of 1626. It was not, as David Barton claims, the U. S. Constitution.
In 1801, the U. S. Constitution was not “ancient”, it was only twelve years old. Nor was it adopted at “the time of our revolution.” (The period from 1776 to 1783)
Believe it or not, in 1801, the “ancient charter” of 1626 still served as “the basis of” the Connecticut government. At the time of the American Revolution in 1776, the Colony Charter was quickly adopted by the Standing Order of the State of Connecticut without the approval of the people and was still in effect in 1801.
The whole object of the American Revolution was to get rid of a tyrannical government that claimed authority from God. It is a dirty little historical secret that most of the folks in Connecticut would just as soon have stayed with the English.
The Charter contained no provision for it to be amended and enabled the Standing Order to stay in power for about twenty years after a majority of the people probably would have gotten rid of it, if a constitutional convention had been possible.
Under the ancient charter, the Connecticut government was granted legislative power over religion, or as the Baptist put it in their letter, “religion is considered the first object of legislation.” Therefore, what religious liberty the Baptists enjoyed (as a minority religion) was viewed as favors granted by a tolerant government and not as the inalienable natural right of every man.
The Baptist enjoyed the “privilege” of professing and exercising their faith as dictated by their conscience and convictions. The “privilege” to obey God with respect to the duty to contribute to the financial support of the Baptist religion required the Baptist to obtain a “Certificate of Dissent” under the 1791 the Connecticut Certificate Law.
The Baptists considered it degrading and inconsistent with the rights of freemen to be required, by the Connecticut Certificate Law of 1791, to obtain an acknowledgment from a Baptist minister in order that their compulsory financial contributions would go the Baptist Church instead of the Church chosen by the majority of the local voters
Many Baptist refused to comply with the Certificate Law, gave their tithe directly to a Baptist Church and dared the local tithe collector to do anything about it. The Baptist believed that “God alone ruled a man’s conscience” and they didn’t need no stinking Certificate of Dissent from a government stooge to support the Baptist religion.
The Baptists wrote Jefferson to complain about Connecticut law - Not U. S. Law. I believe their letter shows that the Baptists already knew Jefferson’s beliefs regarding the right of conscience and his take on the First Amendment. Nehemiah Dodge, the leader of the Danbury Association, had traveled Connecticut during 1800 campaigning for Jefferson as his “campaign manager.” Jefferson’s alliance with the Baptists dated from the mid 1770’s when the movement to destroy the Virginia Church-State was organized.
Presented below is the complete letter of the Baptist to Jefferson.
The address of the Danbury Baptists Association in the state of Connecticut, assembled October 7, 1801. To Thomas Jefferson, Esq., President of the United States of America.
Sir,
Among the many million in America and Europe who rejoice in your election to office; we embrace the first opportunity which we have enjoyed in our collective capacity, since your inauguration, to express our great satisfaction, in your appointment to the chief magistracy in the United States: And though our mode of expression may be less courtly and pompous than what many others clothe their addresses with, we beg you, sir, to believe that none are more sincere.
Our sentiments are uniformly on the side of religious liberty--that religion is at all times and places a matter between God and individuals--that no man ought to suffer in name,person, or effects on account of his religious opinions--that the legitimate power of civil government extends no further than to punish the man who works ill to his neighbors; But, sir, our constitution of government is not specific. Our ancient charter together with the law made coincident therewith, were adopted as the basis of our government, at the time of our revolution; and such had been our laws and usages, and such still are; that religion is considered as the first object of legislation; and therefore what religious privileges we enjoy (as a minor part of the state) we enjoy as favors granted, and not as inalienable rights; and these favors we receive at the expense of such degrading acknowledgements as are inconsistent with the rights of freemen. It is not to be wondered at therefore; if those who seek after power and gain under the pretense of government and religion should reproach their fellow men--should reproach their order magistrate, as a enemy of religion, law, and good order, because he will not, dare not, assume the prerogatives of Jehovah and make laws to govern the kingdom of Christ.
Sir, we are sensible that the president of the United States is not the national legislator, and also sensible that the national government cannot destroy the laws of each state; but our hopes are strong that the sentiments of our beloved president, which have had such genial effect already, like the radiant beams of the sun, will shine and prevail through all these states and all the world, till hierarchy and tyranny be destroyed from the earth. Sir, when we reflect on your past services, and see a glow of philanthropy and good will shining forth in a course of more than thirty years we have reason to believe that America's God has raised you up to fill the chair of state out of that goodwill which he bears to the millions which you preside over. May God strengthen you for your arduous task which providence and the voice of the people have called you to sustain and support you enjoy administration against all the predetermined opposition of those who wish to raise to wealth and importance on the poverty and subjection of the people.
And may the Lord preserve you safe from every evil and bring you at last to his heavenly kingdom through Jesus Christ our Glorious
Mediator.
Signed in behalf of the association,
Nehemiah Dodge
Ephraim Robbins
Stephen S. Nelson