Part 2. The Struggle of Roman Catholicism for Freedom to Exist and the Significance of the Results It Gained for Its Further Development (Cont.)

The spirit of religious intolerance dominated throughout the entire colonial period not only among the Puritan population, which was exceptional in its harsh worldview, but in all other colonies as well, with few exceptions. This spirit found legal expression in the fact that most colonies before the beginning of the struggle for liberation had an established state religion. The Church of England held the foremost position in this regard, and was recognized by law in many colonies. “The clergy in America,” says an English author of the past century, “do not receive tithes, but in most colonies before the Civil War (excepting the provinces of New England, where Independents predominated), it was decreed to divide the colonies into parishes and establish religious worship there according to the rites and ceremonies of the Anglican Church; and also to collect annual salary for the maintenance of each parish clergyman.”[1] This law had particular force in Virginia, where the Anglican episcopal Church was by decree of 1662 recognized as fully state-established. “Although,” says the historian, “there was clergy in no more than one-fifth of the parishes, nevertheless the laws required strict conformity, and everyone was obliged to make contributions for its support. Twelve men in each parish were chosen to collect parish taxes, with the right to fill all vacancies in their society. Control of church affairs passed from the parish to a special corporation which the parish could not thereafter change and had no power over. No non-conformist could teach, even privately under threat of expulsion; no reader could expound the catechism or Scripture. The weakened severity of the laws of Queen Elizabeth was renewed against Quakers; for absence from church they were punished by fine of twenty pounds sterling.”[2] In a similar manner the Anglican Church was “established” in the states of Georgia and North and South Carolina, as can be judged from the fact that in their constitutions, drawn up after the declaration of independence, they abolished the “establishment” of the Church. The Constitution of North Carolina of 1776, for example, forbids the collection of taxes “for the purchase of land, or for the construction of a house of prayer, or for the maintenance of any priest or clergy.”[3] In Georgia the Anglican Church was directly established by a colonial statute of 1758.[4] These colonies were mostly populated by English settlers of Episcopal faith, and therefore the establishment of the Anglican Church in them is not surprising, as the law of establishment of this Church, operating in England itself, could most likely find application there. Far more remarkable is the fact that similar establishment existed in other colonies, populated by various non-conformists, although here the establishment was not limited to the Anglican Church but extended to Protestant religious professions. Thus the charter of New Hampshire provided that “freedom of conscience should be granted to all Protestants, but especially should be approved and favored that religion which would be more in accord with the rites of the Anglican Church,” and such a provision remained in force in this colony until the Revolution itself.[3] The Puritans in their colonies hastened to establish their own profession as the state church. “In Connecticut all persons were obliged to pay both for the maintenance of the Church and the community, Congregationalist churches were adopted and established by law.”[5] In Massachusetts, the colonial statute of 1716 established compulsory religious establishment, by which the assembly took care to provide every settlement with “a clergyman, capable as recognized by law,” namely, “able, learned, orthodox, of good behavior,” and imposed taxes for his support.[6] Of all the original thirteen colonies which formed the United States, in only four was there no more or less established state Church.[7] In all the others religion was strictly a state matter; clergy was appointed by government direction, as directly established by Massachusetts statute; common taxes were collected for the maintenance of churches, and in general the law favored one profession and oppressed others.

In the beginning, when settlers of different faiths lived in separate communities, the civil establishment of the Church was limited to one strictly defined religion, excluding all others, even though they might be related to one another in principle. But later, with increased emigration, changes and compromises in the principle of establishment became necessary. Settlers of different faiths so mixed with each other that the dominance of any one religion over all others became inconvenient and impossible. As a result, particular sectarian differences began to smooth out, civil legislation broadened its horizon, and in the “establishment” of the Church looked not at particular sectarian differences but at the general religious principle, so that several sects which, in their particular differences, were kindred by their basic principle could fall under it. Gradually this principle expanded to the point where legislation began to divide all religions into two categories—Protestantism and Catholicism, as two opposite and incompatible principles. This was already a considerable step toward religious freedom of conscience; but it could favor only one side—Protestant or Catholic. The resolution of the question of which side should hold the dominant position depended entirely on their comparative numerical strength; and since the overwhelming majority of the population was Protestant, Protestantism naturally became the established religion. Catholicism thereby found itself outside “establishment” and did not receive the rights of religious conscience. And indeed, the charters which defined the religious relations of the colonists limited the laws on freedom of conscience to Protestants only, while Catholics were either passed over in silence or directly excluded. By the New Hampshire charter, “freedom of conscience is granted to all Protestants.” In the Massachusetts charter it is said: “For the greater conveniency and encouragement of our residing subjects, inhabiting the province of the Massachusetts Bay, and such as shall come to inhabit the same, we do ordain, will, and require, that forever hereafter there shall be liberty of conscience allowed in the worship of God to all Christians, except Papists, inhabiting or which shall inhabit the said province or territory.” The Georgia charter, which was in force until 1752, commands, “that liberty of conscience shall be allowed in the worship of God to all persons inhabiting or which shall inhabit the said province, and that all such persons, except Papists, shall have the free exercise of religion.”[8] More remarkable than others in the sense of the relation of Protestantism to Catholicism is the charter of Rhode Island. It was granted to the colony in consequence of a special petition, in which the petitioners “freely declared that they heartily desired, if it were permitted, to make a living experiment, that civil society can exist and be in a most flourishing condition with full freedom in religious matters.” The charter indeed provided that “all and each should freely and fully enjoy their own judgment and conscience in matters of religious concerns, throughout the length and breadth of the said land, conducting themselves peaceably and quietly, and not using this freedom for looseness and impiety, nor for civil damage or disturbance of others.” The meaning of this law granted full freedom of conscience—without any limitation by religious differences, but the colonial government, guided by the prevailing view, interpreted it as granting freedom of conscience only to Protestants, excluding Roman Catholics.[8] A historian of the past century says: “From the time of this charter the form of government underwent very little change. In 1663 it was provided that all men of sufficient estate and good behavior, who profess Christianity, except Roman Catholics, should be esteemed and allowed free.”[9]

Thus, gradually the population legally divided into two categories, which two opposite religious principles—Protestantism and Catholicism—fell under. As mutually exclusive, they could not meet on common ground, conflict between them was inevitable, and it now began with all the greater fury because Protestantism, without weakening itself through the fragmentation of particular sects, concentrated all its energy to suppress the numerically weak Catholicism. And so almost all colonies entered a period of strict laws subjecting Catholics to merciless criminal prosecution. In New York, which was distinguished by comparative religious tolerance and which had by the census of 1696 only seven Papists or at the largest estimate seven Catholic families, a law was enacted in 1700, which by its very wording characteristically expressed the spirit of the Protestant attitude toward Catholics. It began with the words: “Whereas divers Jesuits, priests and popish missionaries have of late come and taken up their residence in remote parts of this province and other neighboring colonies of his majesty, and by their wicked and crafty insinuations have endeavored to seduce, disturb and draw off the Indians from their due obedience to his most sacred majesty, to stir them up to rebellion and open hostility against the government,” it was enacted: that every clergyman coming into the province after November 1, 1700, or remaining in it after that date, was to be “deemed and accounted a disturber and disquieter of the public peace and safety, an enemy to the true Christian religion and shall be deemed and accounted as such, and shall be liable to suffer perpetual imprisonment”; if he escaped from prison and was caught again, he was to suffer death; anyone who gave shelter to a clergyman was subjected to a fine of 200 pounds sterling and three days of standing in the pillory.[10] In 1701 a law was enacted excluding Catholics from holding public office and depriving them of electoral rights, the right to vote.[11] The following year Queen Anne granted freedom of conscience to all inhabitants of New York, “except Papists.”[12] These laws were not dead letters, they found correspondence in the attitude of the Protestant population toward Catholics, who were extraordinarily hostile to them, which was demonstrated by acts of barbaric violence. In 1741 the population of New York was seized by panic due to frequent fires. A rumor spread throughout the city that Negroes had formed a conspiracy to burn the city and destroy the population. The people fell into furious confusion, several Negroes were seized and hanged, but no conspiracy was discovered on their part. Then the suspicion turned to the Catholics. “At first,” declared the governor of the province, “we thought only Negroes were involved, but now it is clear that there is a hand of Popery here.”[13] And there arose a furious outcry against Papists, the people sought someone to satisfy their bloodthirsty instincts, and finally fell upon one John Ury, as the chief culprit for all the ills and disturbances. On the suspicion that he was a Catholic priest, he was seized, subjected to trial, condemned to death, and executed in a barbarous manner.[14] Meanwhile, his guilt has not been proven to this day, nor has it been proven that he was a Catholic priest or even a Catholic, although he was accused and tried chiefly as a Catholic priest.[15]