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Madison
Against Virginia's Establishment of the Episcopal Church,
1786
This
petition was written by James Madison on behalf of the
Protestant Episcopal Church in Virginia. The petition,
written in 1786, requests that the House of Delegates
repeal an act passed in 1784 that incorporated the Protestant
Episcopal Church. The act, supported by Madison as a
strategic movement to ward off the Religious Assessments
Bill, contained twelve provisions. Of concern to many
is a part of the act enabling the church clergymen to
regulate all spiritual concerns of the church. Many
perceived this as drawing an elicit connection between
the church and the state. Thus, the petition which follows
called for the repeal of the act by arguing that the
legislature had no "jurisdiction" to invade the autonomy
of the church over its own internal affairs. The repeal
was finally accomplished January 10, 1787.
RJ&L
Religious Institutions Group
CHURCH
ESTABLISHMENT
TO
THE HOÑBLE THE SPEAKER & GENTLEMEN THE GENERAL
ASSEMBLY
OF VIRGINIA
We
the subscribers members of the protestant episcopal Church
claim the attention of our honourable Body to our objections
to the law passed at the last Session of Assembly for incorporating
the protestant Episcopal church; and we remonstrate against
the said law —
Because
the law admits the power of the Legislative Body to interfere
in matters of Religion which we think is not included in
their jurisdiction.
Because
the law was passed on the petition of some of the Clergy
of the Protestant Episcopal Church without any application
from the other members of that Church on whom the law is
to operate, and we conceive it to be highly improper that
the Legislature should regard as the sense of the whole
Church the opinion of a few interested members who were
in most instances originally imposed on the people without
their consent & who were not authorized by even the
smallest part of this community to make such a proposition.
Because
the law constitutes the Clergy members of a convention who
are to legislate for the laity contrary to their fundamental
right of chusing their own Legislators.
Because
by that law the most obnoxious & unworthy Clergyman
cannot be removed from a parish except by the determination
of a body, one half of whom the people have no confidence
in & who will always have the same interest with the
minister whose conduct they are to judge of.
Because
— by that law power is given to the convention to regulate
matters of faith & the obsequious vestries are to engage
to change their opinions as often as the convention shall
alter theirs.
Because
a system so absurd and servile will drive the members of
the Episcopal Church over to the Sects where there will
be more consistency & liberty.
We
therefore hope that the wisdom & impartiality of the
present assembly will incline them to repeal a law so pregnant
with mischief & injustice.
James
Madison, Church Establishment (1786), reprinted in 2 The
Writings of James Madison, 1783-1787, at 212 (Gaillard Hunt
ed., 1901).
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