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Amendment I (Religion)



Document 57

Thomas Paine, Rights of Man, pt. 1

1791Life 6:101--6

The French Constitution hath abolished or renounced toleration, and intolerance also, and hath established UNIVERSAL RIGHT OF CONSCIENCE.

Toleration is not the opposite of intoleration, but is the counterfeit of it. Both are despotisms. The one assumes to itself the right of withholding liberty of conscience, and the other of granting it. The one is the Pope, armed with fire and faggot, and the other is the Pope selling or granting indulgences. The former is church and state, and the latter is church and traffic.

But toleration may be viewed in a much stronger light. Man worships not himself, but his Maker: and the liberty of conscience which he claims, is not for the service of himself, but of his God. In this case, therefore, we must necessarily have the associated idea of two beings; the mortal who renders the worship, and the immortal being who is worshipped.

Toleration therefore, places itself not between man and man, nor between church and church, nor between one denomination of religion and another, but between God and man; between the being who worships, and the being who is worshipped; and by the same act of assumed authority by which it tolerates man to pay his worship, it presumptuously and blasphemously sets up itself to tolerate the Almighty to receive it.

Were a bill brought into Parliament, entitled, "An act to tolerate or grant liberty to the Almighty to receive the worship of a Jew or a Turk," or "to prohibit the Almighty from receiving it," all men would startle, and call it blasphemy. There would be an uproar. The presumption of toleration in religious matters would then, present itself unmasked; but the presumption is not the less because the name of "Man" only appears to those laws, for the associated idea of the worshipper and the worshipped cannot be separated.

Who, then, art thou, vain dust and ashes! by whatever name thou art called, whether a king, a bishop, a church or a state, a parliament or any thing else, that obtrudest thine insignificance between the soul of man and his Maker? Mind thine own concerns. If he believes not as thou believest, it is a proof that thou believest not as he believeth, and there is no earthly power can determine between you.

With respect to what are called denominations of religion, if every one is left to judge of his own religion, there is no such thing as a religion that is wrong; but if they are to judge of each other's religion, there is no such thing as a religion that is right; and therefore all the world is right, or all the world is wrong.

But with respect to religion itself, without regard to names, and as directing itself from the universal family of mankind to the divine object of all adoration, it is man bringing to his Maker the fruits of his heart; and though these fruits may differ from each other like the fruits of the earth, the grateful tribute of every one is accepted.

A bishop of Durham, or a bishop of Winchester, or the archbishop who heads the dukes, will not refuse a tithesheaf of wheat, because it is not a cock of hay; nor a cock of hay, because it is not a sheaf of wheat; nor a pig, because it is neither the one nor the other: but these same persons, under the figure of an established church, will not permit their Maker to receive the various tithes of man's devotion.

One of the continual choruses of Mr. Burke's book, is "church and state." He does not mean some one particular church, or some one particular state, but any church and state; and he uses the term as a general figure to hold forth the political doctrine of always uniting the church with the state in every country, and he censures the National Assembly for not having done this in France. Let us bestow a few thoughts on this subject.

All religions are in their nature mild and benign, and united with principles of morality. They could not have made proselytes at first, by professing anything that was vicious, cruel, persecuting or immoral. Like every thing else, they had their beginning; and they proceeded by persuasion, exhortation, and example. How then is it that they lose their native mildness, and become morose and intolerant?

It proceeds from the connection which Mr. Burke recommends. By engendering the church with the state, a sort of mule-animal, capable only of destroying, and not of breeding up, is produced, called, The Church established by Law. It is a stranger, even from its birth to any parent mother on which it is begotten, and whom in time it kicks out and destroys.

The Inquisition in Spain does not proceed from the religion originally professed, but from this mule-animal, engendered between the church and the state. The burnings in Smithfield proceeded from the same heterogeneous production; and it was the regeneration of this strange animal in England afterwards, that renewed rancor and irreligion among the inhabitants, and that drove the people called Quakers and Dissenters to America.

Persecution is not an original feature in any religion; but it is always the strongly marked feature of all law-religions, or religions established by law. Take away the law-establishment, and every religion reassumes its original benignity. In America, a Catholic priest is a good citizen, a good character, and a good neighbor; an Episcopal minister is of the same description: and this proceeds, independently of the men, from there being no law-establishment in America.

If also we view this matter in a temporal sense, we shall see the ill effects it has had on the prosperity of nations. The union of church and state has impoverished Spain. The revoking the edict of Nantes drove the silk manufacture from France into England; and church and state are now driving the cotton manufacture from England to America and France.

Let then Mr. Burke continue to preach his anti-political doctrine of Church and State. It will do some good. The National Assembly will not follow his advice, but will benefit by his folly. It was by observing the ill effects of it in England, that America has been warned against it; and it is by experiencing them in France, that the National Assembly have abolished it, and, like America, have established UNIVERSAL RIGHT OF CONSCIENCE, AND UNIVERSAL RIGHT OF CITIZENSHIP.


The Founders' Constitution
Volume 5, Amendment I (Religion), Document 57
http://press-pubs.uchicago.edu/founders/documents/amendI_religions57.html
The University of Chicago Press

The Life and Works of Thomas Paine. Edited by William M. Van der Weyde. Patriots' Edition. 10 vols. New Rochelle, N.Y.: Thomas Paine National Historical Association, 1925.

Easy to print version.


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