The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-05-30

community, but in CONFEDERATION of public fer
vices. Thc firlt view of this article (Rfr. w.
idid) would be f~uficient to fatisfy us that it was
expressly aimed againit any privileged and here
ditarY orders I; and, that il was not intended TO
apply to the church. A farther ~analyiis of it
viii be iufhclent TO prove that it cannot apply
10 the church. The word { emoluments and
privileges are plainly to G readi in connection
with { community :" and theI: it will be that
the fate cannot grant any emoluuents or priv.
leeges, but for public ~fervices. ii the priyi-
lodges and emolumentS relate to pTiT0te proper
ty, the article viii prove too much for no in
dividuai could then inherit. Ifit related to nut
tic property, the application ofthis article would
then beg the q~ucltion. The quefion has ever
been, whether this is public property or not !:
1he Attorney General has faid that the lat
ciaufe of this article makes againft the church,
becaute the oiice Of auagifrafe, legiGator, or
judge, not being hereditary, and .he term ma
gyfrate being uted in a general fSnfe, the aniaic
feJJ OF the church cannot continue TO fuccetd
20 this property. The PLAIN Interpretation OF
this claufc is ul;i MIR. W. that it relates 10
the three great departments of our government,
the executive, the iegilati c aud judiciary and
that the term magiitrafei is ufed in a fenfe fyno-
nymouS with the executive department. So that
as a nliuilter ofthe church issneither a ,nagi9rate
hecaufe he is nOt d member OF the executive de-
pmtment, nor bereLiay, hecaufe he does not
deIi { from paterDal fucce6ion, he may be con-
,ideTsd as unaffected by this article of the Bill OF
Rights.-We are told however (Mr. w. aid)
that thefa rights are inconfitent with the 10th
art. inaimuch as they have been acquired by
" force nd violence" not by "reafon and con-
~vichon.' III fay that no force or violence have
been eSerciftd for the %acQuiftion OF thofe
rights fnce The formation of this contribution.
And, we cannot conceive, how an act which
was paifd III '4S can violate a contribution
formed in 20. We fay, that with refpeef TO our
ancefors, the eftabl;ihnent of a church was no
crime. They fuppoied they were promoting
the public welfare, when they emitted religion
on the Ede OF morality. Where was the force
and violence which tkey exercifed /? The diGen-
tiers, we are told, were taxed. The minority of
the fate was required to contribute to the fup-
port of a feet, which the majority approved.
IS this the onl. force and violence, that was
made ufe of ? Perhaps, according to this princi-
pie, there is no law that goes into operation,
which is not carried forward by the force and
violence Of the government. Perhaps there is
no law, whicf does not divide the nation into 4
majority and minority. Even on the prefent
location, the fame objection may be uied
agarit this law. Force is equally the
tan6ion OF this law which Is tn de
priye the defendants Of E~pifcopalians of
their property. The Attorney General has
iaid, that it is unconfitutional 10 continue
to holdthie property as it was acquired by force
and violence. 1t may be afierted however, that
this claufe docs not relate to property, but to
the propagation of religious doctrine and even
fit did, muit all property be given up, which
was originally acquired by force and violence ?
Shall we relinquifh the very continent on which
we tand, becaufe it was obtained by violence
from the hands of its indian inhabitants /?
Mr. " CO.. fhaH he ,fr,,t11 mn E,,4Ia, - H.
argument, and 2fert that not only is this re-
~tention of tbs Globes rot inconfGent with the
Bill OF Rights, but that the attempt to diveh the
Church is contrary to the true fpirit of the
Contribution. The16th article declares, that all
men are entitled ii 90 the free exercife of Religion.
No one Will deny that afiociations of Chriftians
for religious e&crcdes are n~eceffary TO the pro-
pagation of their belief: and that thefe atiocia-
lions cannot ezif without property. Deprive
the Proteftant Epifccpal Church of thefe lands,
and what Will be the coniequence ! a confdcr-
able interruption and intpenfion will be made
IN their religious eXercifes. This principle, if
carried into effca VIII, inftead of miverfal to-
~leration, become the bittercit perlecution. The
fame doctrine may drive the incumbents from
their Parifhes. The very Churches may be fold
oyer the heads OF thofe, who are devoting their
labours 10 the worihip of Cod ; and the very
Church-Ya that contain 70 many of thofe re-
hes which the EpliCOpaEdn has aCcuttoTHed him.
felf 10 ~yererate and 10 love, will be thrown open
for fome profane and impious purpoie, which
ihall convert the graves of his forefathers into
monuments of human degene4acy and his own
~unhappineGs. What federation will this fate
o fthings introduce?
From this ferries Of latements, MIR. w. con-
ciaded, that thefe Rights were veifed in the
Church at the time ofthe revolution, and that
they were not diyefed bythat event, nor by the
Bill of Rights. He could fupport this argu-
ment If il were necefary by a -cotemporancous
expedition OF the Contribution. This argument
is not nece1ary, becaufe we have without it, ex-
uberaGt proofs of the petition, and becauie a
cotemporaneous expedition is not concluive
but in ambiguous cafes. lie might however,
nave put all the acts Of the Convention toge-
ther, the validity ofall Of which could not be
difputcd according to the Engliih doctrine, that
al the acts pahed at one felton, OF Parliament
are law.
The Attorney General has however, applied
the doGtrine of identity 10 this fubject, and at
tempted TO prove, that Is this was not the fame
Church which s.iGed before the revolution, it
could not partake of The fame rights. Mr.. w.
obfefved, that hc was no Metaphyfcidn. He
had heard Of 4 great many very fubtile diitin6ti-
ons drawn by that clafs OF men which he fhould
never have drearnf of He had heard of fome
very ingenious arguments being employed q.
gainft yertona! Identity, on the q%ueftion whe-
Their We are the fame beings TO day that we were
- n =. 4 - Ill .. - it,. H. -.