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Tarborough, (Edgecombe County, JV CJ Friday, tfdow 25, 1833
To A -..Vo 6.
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Communications,
FOR THE FKEE PltLSS.
THE NORTH CAROLINA WHIG'S
Memorial and Remonstrance.
To lie Honorable the General Assembly of I he
Stale of North Carolina:
We, the citizens of several counties composing
the said Commonwealth of North Carolina, hav
ing heard from unquestionable authority, as well
as having seen from documents, that there will
he laid before the General Assembly of this State
at the session of 1S33, two petitions for the in
corporation of two Theological Schools in this
State and having taken the same into serious
consideration, do conceive that if the same peti
tioned corporations should be granted by the Le
gislature of this State and pass into or by law,
that it will he an abuse of power, and the end
of such corporations be a subversion of the rights
of both civil and reiigious liberty and thercfoi
are bound, as members of a free Stale, to remon
strate against tho incorporation of Theological
Schools.
Because, it is proper to tike an alarm at the
first attack on our liberties yea, we as freemen
of North Carolina, hold it as prudent jealousy to
be ihe duty of all citizens of the United States,
like it was with our forefathers, who did not wait
until Hritain had riveted her yoke on their
necks by laws and standing armies but our fa
thers saw all the consequences ir. the bills of tax
ation laid before the British Parliament, and
therefore denied the principles on which the biils
were founded, and so avoided the consequence
by denying the first principles. For who doe
not ee that the incorporation of Theological
Schools is the first step to a rich church, a proud,
pompous and tithing ministry; which have in all
countries heretofore, for fifteen hundred years,
oppressed mankind and distrained from their la
bor a support for a blind, bigoted and persecu
ting priesthood.
First, we maintain that all men are born free,
born with equal rights, and arc first of all the
subjects of the great God; and that religion, or
the duty which every man owes to his creator,
and the manner of discharging that duty, can on
ly be directed by his reason and tho conviction
of every man's conscience, and not by law, force
or violence. Then it follows that it is the right
of ' very man to be of any religion he may
choose, or of none, if he pleases so to do. So
then the religion of every man must be left to
the dictates of his own conscience, to render to
his maker such homage and such only, and in
that way that his conscience may dictate to bin)
as being riht and acceptable to his God, other
wise, he plays the hypocrite for religion is a
voluntary offering of the heart to God and not
compulsory.
Then it is clear that any man entering into
any compact or civil society, must do it with a
reservation of his religious rights; as he must be
firVt a subject of the universal sovereign and un
der obligation to him, before he enters civil so
ciety. For any man must be considered a sub
ject of the creator of tin world, before he enters
or can be considered a member of civil society;
therefore, if he enters civil society, he must do
it with a saving of his allegiance to his universal
sovereign. We feel assured then, that in mat
ters of religion no man's religious rights can be
abridged or destroyed by his entering civil socie
ty, and that therefore religion is wholly exempt
from the cognizance of civil society, because
man's duty to his creator is first in order of time.
Therefore we maintain that all men's religious
rights are wholly and fully, in every part there
of, exempt from any cognizance or laws of civil
society, and that no Legislature has any thing to
in matters of religion; because religion is a mat
ter between man and his maker as his reason and
conscience may dictate to him, and not a mailer
between civil Society and an individual. There
fore, no Legislature has any right to prescribe
rules of conscience to any man or set of men,
and thus we nuintain that he or them that med
dles with the consciences of men, is a tyrant and
an usurper of the dominions of God.
We further say, that the Legislature of this
State has nothing to do in religious matters, nei
ther as a right nor as of authority given them
from God, the Constitution of the State, or their
constituents. For we would ask the Legislature,
is the Christian religion true? then this is also
true: "that the natural man receiveth not ih
things of the spirit of God, for they are foolish
ness unto him; neither can he know them, be
cause they are spiritually discerned." Then if
this maxim is true, how unfit is any Legislature
jo legislate on matters of religion, or on a sub
ject that they can't perceive, or that is to natural
men foolishness; and of men in a stale of nature
t is obvious to all the major part of the Legisla
ture consist. Then it follows as a matter of
course, that God has not delegated no such pow
er to any legislative body to make or pass any
law in religious matters, seeing that the word of
God declares them incompetent to the task for
the want of knowledgebut to Christ and his
apostles is this matter committed.
And it is equally certain that the Constitution
of the State gives the Legislature no power to
legislate 'on a single particle of religion. For
ihe whole amount of constitutional authority
granted to the Legislature of this Stale is just
none at all, or will be this: that ihey shall not
establish by law any particular kind of religion
in this State, or give or grant any exclusi vepri
vilege or preference to one sect more than ano
ther; but that a free exercise of religion shall be
the right of each and every citizen of the State,
as his conscience may dictate to him. And the
wise frameis of the Constitution vet showed
their fears that the Legislature would meddle in
religious matters, by the insertion of that article
which says that no clergyman should have a seat
in either house of the Legislature; both these ar
ticles in the Constitution go to prove bevond all
contradiction, that the framcrs of the Constitu
tion who had felt the galling yoke of law reli
gion, intended to wholly and fully exempt reli
gion in all its parts from legislative authority.
u mereiore say, that instead of the Constitu
tion granting the Legislature any nower to med
dle in matters of religion, that they are by the
uonstitution iully prohibited; and that the very
fact of the Constitution shows that the frameis
thereof intended to guard against the Legisla
ture ol this State having any thing to do in mat
ters of religion, and established equality and free
dom of rights of conscience among all men.
What more could or can any man or set of men
ask than equality? Does it not show that if they
ask more, that they want to be above their fci
lows? Does it not show the Legislature that such
petitioners ate not satisfied with this constitu
tional equality of men and sects? Does it not
show that such men are not satisfied with the
present form of the Constitution? And the Le
gislature must be blind if they cannot see that it
is clergymen that is at the head of tlnse peti
tions; which sort of men the framers of the Con
stitution shut out of the Legislature, for they had
felt and knew the dangerous influence of such
school priests? Does it not show a domineer
ing, aspiring, and dissatisfied spirit? Does it not
show that these petitioners want some exclusive
and higher privilege than others? which would
be an abuse of constitutional power for the Le
gislature to grant, since the Constitution gives
them no power in any wise to grant more privi
lege to one sect than another.
But should the Legislature gran I such a corpo
retion to any one sect, then it will follow that all
other seels have a right to claim a corporation at
their hands on the ground of constitutional equa
lity; and that the Legislature will be bound to
grant to all who may apply for the incorporation
of theological schools to keep up that equality.
Then we remonstrate against the first as a bad
precedent for the Legislature and also as uncon
stitutional, being a matter connected with reli
gion, upon which the Legislature has no consti
tutional authority to legislate. For if the Le
gislature grants such a corporation to one sect,
it fixes a stamp of legislative preference on that
sect that is not on others; it produces legislative
inequality in the ministry by sanction of legisla
tive authority, which is an abuse of power not
entrusted to them by the Constitution.
And further, as respects any power that the
Legislature possesses, as derived from their con
stituents, to legislate on a single particular or mat
ter of religion, we deny that wc have either di
rectly or indirectly granted or given any such
power to the. Legislature of this State, neither by
the Constitution nor otherwise, to legislate on a
single toto of religious matter. For we our
selves have no such power it is a power whol
ly belonging to God to make and give law in
matter of conscience and religion, and comes not
within the cognizance of ourselves or civil socie
ty; which law in matters of religion is given in
the scriptures, to which we ourselves have no
right power nor authority to add to or diminish.
I low then when we ourselves have no such
power or authority to give you, c.ui you the Le
gislature have sucn power or authoiity delegated
to you Irom us as our representatives.' t nere
fore we say, having no power or authority our
selves to make laws in matters of religion for
any man or set of men, we say you have none,
since you have no authority but that which you
have derived from us. Then we say you have
nothing to do with the incorporation of Theolo
gical Schools, because it is a matter highly and
fully connected with religion. For what is reli
gion without a ministry?
one oi tne cluet supporters of religion in the
world; yea, it is the chief engine of purity or
corruption in church or State, as the history of
hi nations snow; yea, the grand destroyer of re
ligious anu civil liberty, the best of blessings and
me oinnrigm ot all men Irom the creator of man.
but should you answer there can be no dan
ger nor barm in the incorporation of Theologi
cal Schools even for any or all sects: we answer
and first refer you to the history of France for
meir eiiects. What was the effects of their in
corporation and establishment in France? Did
not those Schools 'multiply clergv in that coun
try until the church and clergy got one-third of
me properly ot that kingdom in their possession
to
yea, the ministry is no exclusive privilege to any man vr set of men,
but by protecting every citizen in his equal
rights and enjoyment of religion with the same
protecting hand that protects his property or per
son. And as a proof of the above, it is well
known to every historical reatler, that a large
belore the revolution that brought Buonaparte
I b,e throne? We refer you secondly, to the kin
dom of Spain as a second instance of their effects.
There you see the effects of those Schools, that
the scholastic divines got into their possession a
great part of the properly of that kingdom. For
is it not a fact known and read of all men, that
when the Cortes of Spain put thechuich proper
ty to sale by their authority, to pay off the na
tional debt in 1S22, that they (the Corles) stated
the amount of clerical property at JC140,000,000
sterling? Third, what are the present effects of
Theological Schools in England and Ireland, but
poverty and oppression to farmers and mechanics,
with constant debates in the houses of Parlia
ment for redress of grievances from tithing theo
logical schoolmen? Fourth, what were Ihe effects
of theological school priests in this country be
fore the revolution? Why you know the tenth
calf, pig, Iamb, corn, &c. &c. or 15,000 pounds
of tobacco were taken from the industrious far
mer by the tilheman, to pay a school priest in
holy orders. And surely you can see that we
should now have been as Ireland and England,
groaning under the oppressions of school priests,
had it not have been for the patriotic blood of
our fathers and for heaven's sake, will you
mend again our chains? God forbid. Go to any
nation under heaven where Theological Schools
have been incorporated and established by law,
anl there read line upon line of the misery of
m n that they have caused. For it is evident
from the history of all the nations of Christen j
dom, that a school ministry has been a chief audi
stimulating cause of the oppressions and blood
that have (lowed in the world in religious mat
ters; kings and school priests, that play into each
others hands, have been at the head of it, and
this wc assert without fear of contradiction. So
that in a word, school priests always have been,j
now are, and ever will be, a curse to the church
of God and nations of the earth; because it is a
perversion of God's right way that he has esta
brished and ordained to maintain a standing min
istry in the world.
So then, if the Legislature should incorporate
one Theological School, and so on for all the
sects, and they set to multiplying school priests
by hundreds and thousands, shall we not become
as France or other nations oppressed with these
task masters and hirelings, who love the feathers
more than the goose. For there are now up-
r . r i I . ..
waiijs ot twenty i ncoiogicai seminaries in the
United States, and suppose we go on adding to
the number for 50 or 100 years, we ask shall we
not be as other nations? For it is now obvious to
every man of discernment, that what few Schools
there, are have so ahead' multiplied school
priests, that they have filled up all the chief
towns and cities so that school priests are like
hogs in a bed of a cold night, pushing the lesser
out into the smaller towns, villages and country,
to look for support and sell their services to the
people at the best price. And we ask, when
more abundantly multiplied who is to support
them? For you know work they will not, and
to beg some will be ashamed, how then is this
host of men to be supported? Why we say, they
will set their heads together to produce law reli
gion that the' may be supported, if the people
will not support them otherwise to their liking.
Then by the incorporation of Theological Schools
you cast a burdensome set of men on society
God never ordained or appointed, and fill the
hive of civil society with useless drones to eat up
the honest earnings of the laboring farmer and
mechanic, and fill the world with blind guides
and induce men to pay ministerial toll at their
gate only to fall into the ditch. Therefore, we
remonstrate against the incorporation of Theolo
gical Schools, as having no warrant from God,
the Constitution, nor your constituents.
And further, we are bound to remonstrate, be
cause scholastic divines in all the countries of
Europe have been one of the chief supporters of
tyrants and upholders of the thrones of despots.
And in many instances they have been seen to
erect spiritual tyrannies on the ruins of civil so
ciety, but in no instance have school priests been
seen the guardians of the liberties of the people;
and in all instances where rulers have wished to
subvert the liberties of the public, school priests
have been found convenient, handy auxiliaries to
perpetrate their schemes. And a government
founded on the true rights of map like ours,
needs no such supporters; for such a government
is best supported and administered by granting
portion of the school clergy of England have al
ways taught the doctrines of passive obedience
and the divide right of kings and bishops to rule
and tyrannise and oppress the people. And
what said King James the First of Englaud? No)
bishop no king. What said Buonaparte when
he had the Pope in his power, and was requested
to shave him of his plumes and locks of strength?
No bishop no king, was also his maxim; aud the
truth of this maxim doth appear, from his send
ing for the Pope afterwards to crown him Empe
ror of France and King of Italy and thus .to
make this monster of blood and troubler of na
tions to be more revered by the people, to tram
ple on the rights of men and nations. Then we
say that Theological Schools do uphold the
thrones of despots, and are an auxiliary aud sup
porter of tyranny in the earth, and a tratnpler on
the rights of man; and the history of all the na
tions of Christendom prove the facts bevond all
contradiction.
The incorporation of Theological Schools is
not necessary for the support of civil society; but
if you say only necessary for the support of civil
government so far as religious means may be a
support we answer, that religion and civil gov
ernment are two distinct things; religion in all its
pans is oniy witnin me cognizance ot Uod and
not men; but civil government is founded by a
number of individuals agreeing to certain specific
rules for the good of the whole, and comes niih-
in the limits of created authority by the rules of
civil society. And no I. egislature has a right to
eap the bounds of created authority, and tres
pass on the dominions of God, since religion in
none ot its rwirts can Dossiblv come within (he
. , t ,
cognizance of civil society, being a matter of
conscience between man and his maker. And
further, what doth the experience of all nations
prove, where Theological Schools have been in
corporated? Why, instead of maintaining the pu
rity aud efficacy and support of true religion, and
the liberty of men, that they in all countries have
had a contrary effect, during fifteen hundred
years on which they have been on trial for
proof of which we refer you to the history of all
nations. And what has been the fruit of those
Schools? Why more or less, in all places aud in
all countries, pride, pomp, show, parade, and in
dolence and luxury in the clergy; and in the lai
ty, servility, ignorance, superstition, bigotry and ,
persecution. These have been the wretched ef
fects in all nations hitherto.
If you enquire of the teachers of the Christian
religion, when they think the Christian religion v
was the most pure, the most efficacious to the sal1 '
vation of men, and shone with the greatest lus
tre in the world, we dare to assert that all sects
will point you to the primitive ages of religion,
before the creation or incorporation of Theologi
cal Schools as an auxiliary and annendaire to
the Christian ministry For to say that the in
corporation of Theological Schools is necessary
for the support and maintenance of the Christian
religion, is to fully coutradicl the Christian reli
gion itself in all its progress in the world; for the
whole tenor and every page thereof disavows a.
dependence oft the civil arm or the power of this
world. It is in contradiction to evidential facts,
for it is well known from the history of many na
tions, that Christianity both existed and nourish
ed not only without the aid of law and Theologi
cal Schools to aid aud assist the Christian minis
try, but in opposition to both and in spite of the
rage of the heathen, and kings of the earth and
all opposition; not only when attended with the
miracles of Christ and his apostles, but long afc
terwards when left to the ordinary care of God
and his people. And who cannot see that the
same power that can incorporate Theological
Schools and legislate on the ministry, may also
incorporate churches, or legislate on doctrine,
ordinance, or discipline. Therefore we, as mem
bers of a free State, feel bound to assert as our
liberty and the- liberty of our offspring, that we
have a freedom to pVofess that religion we believe,
to be of divine origin, and while we do this we
cannot withhold this freedom from others and i
this freedom be abused by us, it is an offence a
gainst God and not man; to Him therefore must
an account thereof be rendered by us, and not to
legislative authority. We therefore say, for the
Legislature to incorporate Theological Schools
is an abuse of our rights, and is calculated to be
get suspicion and weaken in those who profess
the Christian religion that confidence its divine
excellency merits, and shake to the foundation
that confidential care they have in its divine aiw
thor. Is religion of God? Then let God and his
people take care of it. If it be of men, then
surely an imposition, and it cannot be the duty of
statesmen to support imposition in the world
(continued on ths last page )