Notes on the State of Virginia (1802)/Appendix 3
No. III.
An ACT for eſtabliſhing Religious Freedom, paſſed in the Aſſembly of Virginia, in the beginning of the year 1786.
WELL aware that Almighty God hath created the mind free; that all attempts to influence it by temporal puniſhments or burdens, or by civil incapacitations, tend only to beget habits of hypocriſy and meanneſs, and are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet choſe not to propagate it by coercions on either, as was in his Almighty power to do; that the impious preſumption of legiſlators and rulers, civil as well as eccleſiaſtical, who, being themſelves but fallible and uninſpired men have aſſumed dominion over the faith of others, ſetting up their own opinions and modes of thinking as the only true and infallible, and as ſuch indeavoring to impoſe them on others, hath eſtabliſhed and maintained falſe religions over the greateſt part of the world, and through all time; that to compel a man to furniſh contributions of money for the propagation of opinions which he diſbelieves, is ſinful and tyrannical; that even the forcing him to ſupport this or that teacher of his own religious perſuaſion, is depriving him of the comfortable liberty of giving his contributions to the particular paſtor whoſe morals he would make his pattern, and whoſe powers he feels moſt perſuaſive to righteouſneſs, and is withdrawing from the miniſtry thoſe temporal rewards, which proceeding from an approbation of their perſonal conduct, are an additional incitement to earneſt and unremitting labors for the inſtruction of mankind; that our civil rights have no dependance on our religious opinions, more than our opinions, in phyſics or geometry; that therefore the proſcribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of truſt and emolument, unleſs he profeſs or renounce this or that religious opinion, is depriving him injuriouſly of thoſe privileges and advantages to which in common with his fellow citizens he has a natural right; that it tends alſo to corrupt the principles of that very religion it is meant to encourage, by bribing, with a monopoly of worldly honors and emoluments, thoſe who will externally profeſs and conform to it; that though indeed theſe are criminal who do not withſtand ſuch temptation, yet neither are thoſe innocent who lay the bait in their way; that to ſuffer the civil magiſtrate to intrude his powers into the field of opinion and to reſtrain the profeſſion or propagation of principles, on ſuppoſition of their ill tendency, is a dangerous fallacy, which at once deſtroys all religious liberty, becauſe he being of courſe judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the ſentiments of others only as they ſhall ſquare with or differ from his own; that it is time enough for the rightful purpoſes of civil government, for its officers to interfere when principles break out into overt acts againſt peace and good order; and finally, that truth is great and will prevail if left to herſelf, that ſhe is the proper and ſufficient antagoniſt to error, and has nothing to fear from the conflict, unleſs by human interpoſition diſarmed of her natural weapons, free argument and debate, errors ceaſing to be dangerous when it is permitted freely to contradict them.
Be it therefore enabled by the General Aſſembly, That no man ſhall be compelled to frequent or ſupport any religious worſhip, place or miniſtry whatſoever, nor ſhall be enforced, reſtrained, moleſted, or burthened in his body or goods, nor ſhall otherwiſe ſuffer on account of his religious opinions or belief; but that all men ſhall be free to profeſs, and by argument to maintain, their opinions in matters of religion and that the ſame ſhall in no wiſe diminiſh, enlarge, or affect their civil capacities.
And though we well know that this aſſembly, elected by the people for the ordinary purpoſes of legiſlation only, have no power to reſtrain the acts of ſucceeding aſſemblies, conſtituted with powers equal to our own, and that therefore to declare this act irrevocable, would be of no effect in law, yet we are free to declare, and do declare, that the rights hereby aſſerted are of the natural rights of mankind, and that if any act ſhall be hereafter paſſed to repeal the preſent or narrow its operation, ſuch act will be an infringement of natural right.