Beverly
Nov. 27 1820
Thorndike
Dear
Sir,
I should have taken my seat in the convention with you and others, but
for the great defect in my hearing- though absent I do not feel less
interested in the present revisions of the constitution; especially
the very important parts of it respecting the representation and religion-
as to the representation I can say in a word what I have at present
to say- by observing I agree, in substance, on this point with the charge
of the Chief Justice lately published.
As to the second and third articles in the Declaration of rights, especially
the third as to religion. I cannot he is so concise, nor ought to be,
for of all the subjects before the convention, unquestionably, it is
the most difficult to be understood and to be properly disposed of -
there have been in the last forty years so many constructions of this
article, legislative, judicial that we do nothing, if we do not examine
it, as construed and explained by them - To trace the origin of this
article and to examine them as they ought to be examined, is a work
that but for have time and patience to perform-
In writing you upon this subject for the inspection of yourself and
a few others, I have much confidence on my objects are 1. To show in
an authentic manner, the almost total inefficiency of this archive to
produce equality among different sects in religion and to inform the
support of public worship so that all the people of the state shall
enjoy equally religious right, and shall be equally bound and obliged
to perform religious public duties, each sect according to its own free
choice, 2. That this article must be essentially amended to answer any
valuable purpose 3. To suggest some amendments for consideration.
But when I engaged on this work, I took it for granted 1. there will
be found a very respectable majority in the convention who think it
wise and just to preserve and enforce the support of public worship,
as being essential to the support of civil government 2. To do away
sectarian distinctions, and to make no distinctions but between incorporate
and unincorportate religious societies- 3. To compel no man to pay but
to the support of the religion he thinks is true, as is the case in
most of the middle states, especially in Maryland- if not such a majority
nothing effectual will come and if only the last clause in the third
article and the provision to the second be preserved the legislative
power on the subject of this article will be, as I shall state just
when it was in the time of the province.
The first object is to examine the two articles, as they now stand explained:
as the constitutional explanations, I shall state are now apart of them.
The second article declares "it" us the right, as well as
the duty of all men in society, publicly and at states seasons to worship
the Supreme Being, the Great Creators preservation of the universe and
no subject shall be hurt, or restrained, in his person, liberty or state
for worshipping God in the manner and season, most agreeable to the
Dictates of his own conscience; or for his religious profession or sentiments,
provided the Oath not disturb the public peace, or obstruct others in
their religious worship" - In this article is an excellent foundation
of religious rights and duties- this second article with the said provision
the third and the last clause there of rightly understood amply declares
and secures religious rights- our to show they secure equal religious
rights in relation to property as the 2nd expressly declares that no
subject shall be hurt in his estate on account of his religion- this
being made clear, there will then remain only to show that religious
public duties or public worship ought to be recommend or enforced especially
upon all sects- freely allowed to enjoy their religion in the state
- as to recommencing, going so far trust no one will object- there remains
then the important and delicate questions shall public worship be enforced
by law, and in what manner- Clear it is in my mind the people ought
to decide both these questions- which I shall further attend to presently
I will here only observe that the 2 article declares it is equally the
duty of every sect to support public worship, it is obvious that everyone
ought equally to have the means of doing it afforded by the laws - so
far there is no sectarian preference but in the those articles.
There
is this preference, for as construed by the legislature in the act of
March 4th 1800 and in Barnes' case in 1310, none but incorporate Protestant
societies have any pecuniary rights secured to them the act of June
18, 1811. I shall notice presently the inequality is apparent when we
observe that every religious sect in the state must be taxed to support
one sect of teachers and if that sect embrace at present, near the whole
population, yet sound principles are not the one violated- For the Judiciary
has correctly decided that no religious teacher can claim on the ______
article the taxes of his _______, members of other religious societies,
but a Protestant teacher --the result is a Roman Catholic society, for
instance is bound in duty as far as the 2nd article binds to support
public worship at state seasons, no doubt in its own way, and at its
own expense yet is without legal aid to obtain the means- further by
the general law its members must be taxed to support Protestant teachers
- it is said to be wise policy to assess every man to support religious
(assessable in state taxes) and thereby to support government - be it
so but this policy is no degree, whatever justifies this pecuniary inequality
for this policy perfectly consists with just and equal taxes.
The next material part of the third article is the corrosive power visited
by it in the legislature to enforce the support of public worship in
each Protestant incorporated society on its own principles why seeing
the duties enjoined in the article on all men in society was the power
limited to the support of Protestants only- when too the, avowed object
was to make all the subjects of whatever religious sect the better supporters
of avid government- why were all other sects left in the hands of the
legislature to aid them or not in the support of public worship on the
principles of the common law only?
The most material thing to be considered is the various legislative
and judicial court, invariably, decided this article did not require
a religious society to be incorporated, to enable its teacher to recover
the taxes of his bearers, members of other societies. In that year and
since the judicial decisions have been directly otherwise- but there
were always respectable opinions in favoring of this latter construction.
All parts of the statute of March 4 1800 except the 5 section perhaps
was framed on the narrowest construction of this article and that of
June 1814 on the broadest- yet both have been adjudged constitutional.
This article had existed many years before it was understood. I believe
to enable only a Protestant teaches to ____ and recover upon it- now
is it consistent with another part of the constitution, which admits
all Christians, if citizens to be members of the legislature and executing
where as the material parts of this article embraces only Protestants
- it is further inconsistent with some other parts of our system of
government which makes all the citizens of every sect voters, capable
of holding every kind of office in the national government (with one
exception and that a civil one) and almost every kind of office in the
state after fully considering these matters I see no good reason for
yielding to this contraction spirit.
Further as the main reason for enforcing the support of public worship
is in order to make the people better supporters of the civil government
and clear it is if ever made such by means of religion, it must be by
means of the religion they believe to be true it seems to follow most
obviously that instead of half outlawing all sects but one, and In a
measure withholding from them the means of making themselves better
citizens by the aid of that religion, we ought to enable them and oblige
them as others, to support it, and to improve this moral and civil character
by the influence of it.
Another serious evil is time has gown out of the defective structure
of this third article. I believe first, particularly noticed in Murray's
case, best explained by concisely stating it soon after the peace of
1783 the parishioners of the first congregational parish in Gloucester,
were engaged as usual and paid their taxes into its treasury. Several
of them then and previously attended Murray's preaching a _____universalist.
He fired the parish to recover the amount they had thus paid- In the
original trial and in the review, three important questions were made.
1st if he must prove his society uncooperative to enable him to recover,
and decided he need not. 2. If a society of Universalist was a different
sect from the parish, and decided it was. 3. And to the present points
a questions was also made if all there bearers were conscientiously
univeraslist on considering this third article the court were of opinion
the question was not before them. But that they were only to inquire
of Murray was the religious teaches of a different sect. Private interest
every quick to discern soon found that a man could in most cases avoid
his parish taxes, without avowing his religion a scene of frauds and
deceptions that took place, and in time spread is well recollected,
in which one disposed to avail himself of this circumstance very truly
and characteristically boasted that by his management if he had not
washed away his sins he knew he had wiped away his taxes.
The evil increased and was lamented by all moral and conscientious men.
In March 1800 the legislature prepared the act above mentioned confining
the operation this third article to incorporated Protestant societies
except the 5th section at least doubtful- but this act was like the
articles so obscurely worded that for several years it received different
constructions and had but little effect- in Burins care 1810 there was
an implied opinion at last that this act was constitutional and this
limited the article. Soon after the act of June 1811 helped giving new
and opposite construction to some parts of this article- it omits entirely
the destinations of protestant and incorporations, and even of christians
script by recital- to this act many impute most of the evils experienced
by nine years past. But such probably are not aware that the supreme
judicial court has felt itself obliged to decide that this act is constitutional,
and of course authorized by this third article - hence the evil is really
in the article itself, in being so framed as to allow and not forbid
such an act to be performed and therefore if not ________ amended will
allow such acts, if not were to be helped in future. So as singular
as it may be an article as legally construed which prefers Protestant,
yet does not prevent statutes being enacted, which as also legally construed,
clearly denies that preference.
Again, as this article stands (except paid provision and last clause
in it) it really has no effect - for in the cases cited and to be cited
we shall se it is no restraint on the legislature- therefore that has
constitutionally enacted laws, which enable every man almost in the
state to make this article a nullity as to himself whenever he pleases
and as is everyday don by obtaining a certificate of exemption from
taxes laid to support public worship- thousands of which have been and
many be had for a trifle, even by persons who do not attend public worship
at all, or who attend it other societies than those which give the certificates.
These matters and others to be stated will clearly evince that this
article is now of but little value as it respects taxes and enforcement
because susceptible of so many constructions, and because it is no restraint
on the legislature as to taxes, and contains no coercive power in support
of religion but at the will of the legislature, and this it has in the
general principles of our system and were exercised when it saw fit
before this article existed as will be seen in the province laws in
another page- and though we may believe the legislature will make law
on sound principles generally, yet to suppose it will do so at all times
is, in fact, to suppose we want no constitutional provision at all,
to restrain as to control it.
The principal effects of the laws it has enacted on this subject in
the last 10 years has been to break up regular parishes, and to throw
the principal burden ________for the support of public worship upon
the more moral and conscientious part of the people, and so far government,
the equal security and benefit of all.
What is now to be done on this subject - is this article to be made
more efficient to secure constitutionally, equal duties as well as equal
rights in religion, or is it the enforcing power to be left as in the
other states, and instead there of merely recommend and declare public
worship or religious duty due to the deity as they generally do -
2. Sheet- so to leave it is to abandon what this state has always endeavored
to preserve, certainly since 1692 - ad to leave a large portion of our
morals and religion to fall into the hands of ignorant preachers, and
disorganizing enthusiasts who will be overheated with their religion
at one time, and have little or none at another- on the other hand this
power to tax others in affairs of religion may be very dangerous in
the hands of bigotry in high party times, many reasons of weight have
been urged against this enforcing power- also many in favors of the
several of which may be seen in Barnes case. It is impracticable for
one duty to consider this great question in a letter, in which I must
state so many other matters-
As to the question what ought now to be alone, it may be very useful
to resort to experience and see what has bee done on this subject, how
done and the affects and in the order of time that we may correctly
perceived how one statute or division affected another. In this way
we shall find the said two articles were formed in part from the provincial
statutes and in ______from other declarations of rights.
The _______of 1628 ________in the colony legislative power to enact
all good and wholes one laws for the government of the country, not
repugnant to the laws of England. The province _____of 1691 was the
same, also, in general terms, gave power to promote religion and to
secure liberty of conscience to all persons- no virtue of these general
powers the colony and provincial legislative, inaccurately regulated
religion and, among others enacted the statute of 1692, which provided
"that the inhabitants of each town within this province shall take
due care from time to time, to be constantly provided of an able learned,
orthodox minister of good conversation, to dispense the word of God
to them, which ministers or ministers shall be suitably encouraged and
sufficiently supported by the inhabitants of each town". The confirmed
all contracts made for the purpose and another account of 1693 made
it the positive duty of the courts of Sessions to execute and enforce
the said acts, which remained in force.
Generally,
till March 4 1800. In them there were no savings to do away the main
force of them- no doubt on these acts positively requiring those courts
to perform certain duties, a ___________ to compel them generally to
perform them and upon them inform actions were brought in the superior
courts, and then in the supreme judicial court against in those acts
in the first instance- not so, as we shall see the acts of 1800 and
1814- these acts of 1692 and 1593 sufficiently enjoined the support
of public worship upon the religious incorporations, and the left the
execution and enforcement of them to the judiciary. In them was the
true principle of enforcement and nothing was wanting but its being
constitutionally recurred.
In 1792 an act was papered providing for paying the church taxes on
members of the church of England, over to the ministers there of and
excusing those members from paying any taxes towards the settlement
of any minister, or building any meeting house- but it required evidence
the persons so excused were such members. This evidence was a certificate
of the church ministers or his church wardens, certifying that such
person is a member of the church of England and usually and frequently
attends the public worship of God with them on the Lords days as a _______
aid that is as expressed on the preamble constantly. Nov 23, 1757 the
legislative ___an act continued in force to 1771 on similar principles,
respecting Quakers and Baptists, as to exemptions and required like
evidence with further evidence that real scruples of conscience were
the cause of their joining the Quakers or Baptists. This was even till
of late years deemed the proper evidence. It is not perceived the constitution.
Materially varied the principles of these acts of the province not explained,
therefore, they were practiced when many years after it was adopted.
After the said third article came into existence, several very material
constructions were made upon it, essential to be considered for whatever
it was, originally, it is now what constitutional constructions have
made it - for many years the decision in Murray's case were adhered
to.
March 4 1800. The new religious acts was _______. Repealing the said
former statutes and enacting 1. Section that each religious society
"established according to law." Shall enjoy its accustomed
privileges, "respecting divine worship, church order and discipline".
This section was confined to Protestant societies, for it was enacted
in the second section that the same societies name in the first every
one of the shall be "constantly provided with a public Protestant
teaches of piety, religion and morality" of adjudged of sufficient
ability, by the court of _and subjected to a penalty of not so provided
for the term of three months in any six months. If this section was
intended to carry into affect, the first clause in the said third article
it was not framed to do it for it materialistically varies from it and
in a measure destroys the force of it, For that clause is imperative
"that legislative shall from time to time authorize and required
the several towns, parishes, precincts and other bodies politic as religious
societies to make suitable provision at their own expense for the institution
of the public worship of God and of piety religion and morality in all
cases where such provision shall not be made voluntarily," their
clause like the province law is positive nor is there in it any exemption
on words or by complication. But in the said act of March 1800 are 3
material exceptions. 1st in the words of sufficient ability 2. In placing
a power in the discretion of the __to excuse any society without appeal.
3. In dispensing with this provision 3 months in any six months; and
this act became conclusive on the subject because it contains the only
penalty that exists as it respected the former statutes. In this case
no __________ because this act _______ in the ________, exclusively,
a broad discretion, no other court can judge of when the session proceed
and exempt. The 4th section authorizes each society aforesaid to ___all
monies voted by it, for supporting a public Protestant teaches and for
erecting and ________houses of public worship" on all the voteable
polls and property within." It. (except of Quakers) But this section
further provides when a person aforesaid in any such tax is at the time
of voting it, of a different sect or denomination and procures the proper
certificate, ________________he belongs to a certain society, and "frequently
and usually when able" attends its meetings, and he shall request
his tax to be "applied to the support of the public teaches of
his own religious sect or denomination". Then his taxes to be paid
over to such teaches- also provides for exemptions from being ________in
the usual form. This section we observe 1st authorizes every Protestant
incorporated society to parish taxes "on all notable polls and
property within: it as well of other sects, as of the Protestant (Quakers
excepted) - this section which empowers one sect to tax all others is
founded on the 3rd clause in the said 3rd article - the 5th section
of this act seem to be entirely independent of the others and to make
exemptions as general, almost, as in the act of June 1811 for it empowers
the ______of any religious society to exempt any person, living within
it who attends public worship in any religious society of a different
sect - also this section wholly omits the words, in ____________, Protestants
and Christians.
Another material construction of this 3rd article was in the action
- Montague, the teacher of an Episcopal society against the first congregational
parish in Dedham, and the Court decided 18-08 that any man having a
congregational society, and in good faith and honestly, uniting himself
to a regular Episcopal society, is entitled to have his tax paid to
the teacher of it, on the evidence prescribed in the 4th section of
the act of March 1800, this society being of a different denomination
from the parish- in this case the plaintiff recovered the tax of one
man, who set himself off from said parish to the said society, "because
he could not obtain convenient accommodations for his family in the
parish meeting house", and this on said 3rd article - this case
proves that a person may on that article set himself off from one religious
society to another of a different denomination for mere convenience
only; and when he has no conscientious objection to attending public
worship in the society he leaves. It is said on that article, for the
statute had no operation in the case, but to prescribe the evidence,
_________to prove the facts of setting off this reason, more convenience,
will apply equally well, when both societies are of the same sect or
denomination and if this article is no restraint (as has been adjudged
and will be stated) on the legislative, it may __on it, any time to
allow a man to set himself off from one society to another, of the same
sect, for no reason, but mere convenience. It then becomes a mere question
of convenience. Another material construction was _of the 3rd article
in the action Thaxter _____against Jones, 1808, Thaxter, set himself
off from the north parish in Hingham (where he continued to reside)
to the Episcopal church in Scituate (both incorporated) as an act ____in
1796, authorizing the members of several societies so to do; and the
supreme judicial court held the legislature may, consistently with this
3rd article and the said act of 1800 set off a member of any religious
incorporation to another religious incorporation whether of the same
or of a different denomination - In this case it appeared that Thaxter
though able, attended public worship no where mere desire seems to have
been the only reason for his removal- this act respected several parishes,
and that church, and the 2nd section enacted that if any other person
inclined to join the said church he might do it by "signifying
in writing his desire to the clerk of the town to which he may belong"
- this proves that the legislature is not restrained by this article
to _______an act to set of persons from one society to another, whether
of the same or different denominations, for no other reason but because
they desire it, even if they never attend worship in the society to
which they join themselves.
Another material construction (indirectly) of the said 3rd article was
in the case - commonwealth and Waterborough - the town was informed
against on the statute above cited for "not being provided with
a public Protestant teacher of piety, religion and morality", and
the superior judicial court, decided the town was not held to be so
provided, until the court of __________had adjudged it to be of sufficient
ability to maintain such a public teacher: this decision recognized
as being constitutional, the said act of March 1800. Also, in this case
the court truly said that "from the earliest settlement of the
country, it has been made the duty of all towns of sufficient ability
to be provided with a public religious teacher.
The important construction of this 3rd article in Barnes' case above
mentioned, was next in order of time.
The last and most important construction of this article was in the
year 1817 in the case Adams in error against Horve in which case the
supreme court decided that the said act of June 1811 is constitutional,
further the Chief Justice, in delivering the opinion of the court said
in substance that the statute," ____________put corporate unincorporated
societies on the same footing" - That it was not material that
the plaintiff had become a member of an unincorporated Baptist society,
that had preaching but one Sabbath in a month, and this by a teacher
settle in another town in another religious society- that this act did
not require any teacher at all, or any attendance at all on public worship
to secure the exemptions- that the constitution secures to the people,
in all events, 1st Liberty of conscience and choice of the mode of worship.
____"The right of the state in to political capacity to require
and enforce the public worship of God"- It denies the right of
establishing any hierarchy, or power in the state itself to require
conformity to a state creed or form of worship as to which are the restrictions
on the legislative as also, it restrained by said provision the clause
of the 3rd article, and by the last clause these of - that "the
mode of securing these ___________points is left entirely to the Legislative"
- that as to giving effects to the coercive power to enjoin the support
of public worship and attendance thereon it is left entirely to the
legislative to enforce or not at its discretion - it will be observed
the said 3rd article limits this, enforcing power to the Protestant
religion, for it vests on the legislature a power to _______ a religious
incorporation to support public worship and public Protestant teachers-
all the subjects to attend on the instruction of those teachers at stated
times send seasons if there by any on whose instructions they can conscientiously
and conveniently attend.
As others just cannot in general conscientiously attend on Protestant
teachers. The article given the legislature no power in regard to this
other __to oblige them to attend public worship. Indeed no power to
enforce its supporting them in the province. This power was not to limited,
nor perhaps is it now, as these powers to the other duty _________ ______________note
on the principles of our ______________. If so as to them, why not so
as to ______and part 2. Chapter 1 of the constitution, _________the
legislature, as ____________old, general power to make all god and wholesome
have to govern the state, not repugnant to the constitution we have
been how such power have _______been construed in regards to religion.
Then to do this perplexed subject any justice have been ____________as
_________. I found it ___to notice the charter province statutes as
the ____ground work of all the law. 2nd and 3rd Articles and the most
material contructions ________of with as from ____________ ________made
a sanction required.
My object are on one hand completely to ____all the religious rights
and liberties contained in the said 2nd article in the said province
to the 2nd _________the 3rd be and in _________last clause thereof -
and above repeated by the chief justice on the other hand, equally and
on principles of perfect equality to _______of enforce all the religious
public duties our ______________to judge _____________upon the efficient
support of regular public worship and proper attendance thereof and
to this in to make religious duties ______with religious rights, to
hold equally all the sects in the state which truly enjoy religion to
perform these duties and to contribute, justly and equally, toward the
support of religion, as among the _________ supporters of that ________government
which equally protests all.
The results of the above inquiry has been at that opinion 1. That all
the religious rights above enumerated are well ____, expect a few inequalities
among different _____- _____ which may be removed by omitting two or
three words 2. That the present system is so ______, each power voted
in _not incorporated, that any small number of men even five may unite
in a religious society ad appoint a committee and give certificates
that shall exempt almost any number of men- _ of their religious societies
of a different sect, both from parish tax and attending public worship
any where - nor is this society giving the _____________, not incorporated,
obliged to __________public worship in any manner - nor is it if incorporated,
if not able in the the _opinion to do it and many societies incorporated
are already made too poor to do it, by _permitting to many of these
members to have them for no other reasons than they ______-and those
for leaving are not held to pay or attend public worship any where by
any law.
3rd the religious teacher of one sect ______in one town can _a very
small part of his time in a society in the same or another town and
can _____the taxes of his heaven, or of those who only join such society
members of other societies of another just for the whole time or as
has been often done _his name to them to ______to their own care on
private arguments between him and them.
4th there is no concise power in the third article ___-constitutionally,
upon the legislature those can be ______-sovereign and cannot be _______during
the time of the province, its statutes were sufficient to _public worship
in religious societies incorporated and there were but very few others
- so they continued _______ ____twenty years after the constitution
was adopted except as the ______clause in the said 3rd article prevented
that being __in part as before to existed- but the acts prepared in
1800 and _have not been acts to enforce religious worship and duties
so much as to release from them- and the root of the evil is, this article
was so framed, as to recommend the enforcement's by law of public worship
but over nothing to ___________it.
5th the 2nd article knows no distinctions of sects but ___________public
worship equally the duty or rights of all- and that no subject can be
_____in his person, liberty or state on amount of his religion- but
the 3rd article, a ______allows to Protestants alone benefits of all
the taxes _for the support of religion- in _some have paid a man's religious
rights cannot hurt in his ___for he __________them though his property
be taken from him by unequal taxes or otherwise- they _a mans paying
double taxes, does not affect his liberty of conscience his first choice
of his mode of worship or exemptions from _______ imposed- probably
just in Germany and Christians in Turkey are not fully satisfied with
thereof reasoning, who, generally ________their religious rights and
privileges paying, __________for them - they complain of oppression,
and we think justly because they and opposed of their property, or hurt
in their states, because the _________________their religion. In this
__we can _______the ____________of all be done by the constitution of
New Hampshire provide that no person of one particular religion sect
shall ever be compelled to pay towards the support of the teaches of
another.
There being the principal while of the precinct system - what is the
remedy and the ________is in breaking up regular parishes- the next
is not hoping _regular worship as far as abilities exist to do it- we
have had ___________to _________, and found their will not _________within
the last 20 years; that is since the provincial statute win ______-
and the opening to _____made in ______ religion in time produced its
materials effective - to ________ the system we had in 1799 would be
to regain much when the province laws were generally in force, and no
teacher of a society could take over the taxes, of his ________ ________
____over one _parish or society only- nor could a member of a religious
incorporation carry his _____from it to another society and _he found
he mostly and frequently attended public worship in _______other society
-
And to have spiritual or ____ __________parts of the system, constitutionally.
__would be gaining much more- I say constitutionally _for it not so,
we do but little worth contending for - for if only once in many years
we happen to have a disorganizing legislature, it can, often in one
year disorganize the _system and if the correct legislative do not organize
in several years, it is not always proof they do not wish to ____-especially
when the _____must probably be attended with ___________ _______and
much party __________.
It is the grand defects in the articles, that, in all its main parts
it only ________, where it should __be binding forever to enjoin sovereign
legislature to _ ________- this distinction we __to be experience after
the constitution was adopted - whenever rights or duties, as to people
or _____ are so important as to be deemed ____or fundamental it is and
wise to have them not constitutionally _______ and guarded and contrary
to the best experience and the but opinion of our country - It is certain
that informing a constitution we do nothing to propose if we do not
___ ___________rights and duties - I trust we have __ and experience
enough to _that only to recommend _rights to be ______. And especially
the _duties to be performed is to act as we did in older days of inexperience
- many ______the old confederation, which recommended it to sovereign
legislature to _____ ________________of the states --and how almost
totally, the recommendations failed of having any effects - experience
at most alone discovered the error; for though, __of amendments in it
before satisfied were proposed by the ________________state legislature,
not one of them noticed the ____defects in it, which after _____________were
discovered by experience.
In amending the 3rd article may we not _____the ____of religious public
duties on the same principal in the same manner we do religious rights
that is both in the constitution itself - come whats in the following
way-
1. _to amend the 1st clause in the 3rd article as to exclude legislature
recommendations and the word Protestants and make the clause directly
obligatory upon the religious incorporation _____ describe to _for in
the duties the _________and place the execution and conformance in the
judiciary- all _be improving reasonable fines upon delinquent religious
incorporations; ____increase of evident inability then to enforce a
reasonable proportion of the duties- excepting the cases of voluntary
_________as at present
2. the 2nd clause with its ___in this 3rd article may be provided as
they are, and the last clause- retaining the word Christian as to subordination
- not as to protection for obvious reason
3. with respect to the 3rd clause in this article- if it shall be thought
the principle ______in ____________will be as too hard on too many -
or that come ________ will make it a ______or ever done June 1041- I
have thought this _____clause may be amended by the aid of experience
and fixing on a few general principles as old as our country and generally
appointed to_______-. The to declare it that every person not a party
in making voluntarily sufficient provision for the supports of public
worship taxable in a state or town too, shall be taxable in a religious
incorporation, unlikely exempted by ____of the legislature- 2nd that
no religious society not incorporated able to support public worship,
any teacher thereof shall _any person tax __________in a religious incorporation
or exempt any members thereof from being taxed therein to it _ ______3rd
that no religious society not incorporated and not able to support public
religious society no incorporated and not able to support public worship,
constant ___________ _______or other teacher thereof and of piety, religion
and morality. That so _______any _, or to exempt any jurors but on the
following condition to _the teacher of such society shall be __over
that society only, according to the ways of its sect or denomination-
that no number of a religious incorporate- ____ shall be__________-to
such society until he shall have usually and frequently attended public
worship. Therein _ ____ providing ________ __, he also shall prove the
requests to be set off because he conscientiously believe he can enjoy
his religion better by so being set off in faith and sentiments, and
by such willingness as the court shall _proper - and if such personal
shall __so to attend public worship when able, he shall ________ to
attend public worship when able, he shall again be taxable as before,
in the religious incorporation, or in that into which the _________or
moved in the meantime.
I have sketched out these proposed amendments merely to express any
ideas with some provision, other probably will think _any ideas with
some provision, others probably will think of amendments much better-
the material difference between this plan here proposed, and the system
worked many years after the constitution was adopted is in this - the
_____________only and as _ was any legislature_______ to __that it was
- all this way proposed will be ___by the constitution.
After all these are existing some serious______the late parts of our
____system for which I can name no _____-= I mean, those principally
__________from the numerous ____and with them exemptions, already obtained,
especially under the acts of June 1811 merely to jack taxes, or on _of
______prejudice and not, conscientiously to be benefited in the concern
of religion.
____________ __________Thorndike
Yours sincerely,
Signed - N. Dane