Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1815-07-24

frespectively reside, to have, hold, use
and enjoy all the globes, churches ana
chapels, barying-grounds, books, plate
and ornaments appropriated to the use
Of, and every other thing the property Of
the la &c Episcopal church, to the sole ust
land benefit Of the corporation. The same
statute also provided for the choice Of
new vestries, and repealed al former
flaws relating to vestrses and churcii-war-
Idens, and to the support of the clergy,
iSc. and dissolved all former vestries :
and gave The corporation extensive pow
ers as to the purchasing, holding, alien
ling, repairing and regulating the church
property. This statute was repeated by
the statute of 1886, oh. IL. with a proyiso
saving to all religious societies the pro-
lperty to them respectively belonging,
and authorising them to appoint,
from time to time, according to the
rules of their sect, trustees who should
be capable managing nd applying such
property to the religious use OF such soci-
leties: aud the statute of 1883. ch. IL,
declared that the trustees appointed IN
the several parishes to take care OF and
manage the property of the Protestant
Episcopal church, and their successors.
should, to all intents and purposes, be
considered as the successors to the t0r-
mer vestgies with the same powers OF
Iho!ding and managing all the property
formerly vested in them. All these sta
tutes, from that of 1875, oh. 9. TO tlat OF
1873, ch. II, and several others. were
repealed by the statute of 1893, CHI. 9.
as inconsistent with the principles OF the
constitution and of religious freedom !;
and by the statute of 1901, CHI. S. (Which
was passed after the district Of Columbia
was finally separated from The states Of
Maryland and Virginia the legislature
asserted their right to all the property of
the Episcopal churches IN The respective
parishes Of the state: and among other
things, directed and authorised the over
seers OF the poor, and their successors in
each parish wherein any glsbe land was
vacant Or should become so, to sell the
same and appropriate the proceeds to the
use Of, the poor Of the parish.
1t IS under this last statute that the bill
charges the defendants (who were over
seeFs Of the pooro The parish Of Fairfax
with claiming title 70 dispose of the
land in controversy.
This summary view Of so much OF the
Virginia statutes as bears directly on the
subject in controversy, presents not only
a most extraordinary diversity Of opinion
in the Legislature as to the nature and
propricty of aid in the temporal concerns
of religion, but the more embarrassing
considerations of the constitutional cha
racter and efficacy of those laws touching
the rights and property Of the Episcopal
church.
# is conceded Gil all sides that, at the :
the Episcopal church 40 long ,
er. retained lis character as an eZclusr 6 !,
relia ioGs establishment. and there cant
be 30 doubt that it was competent to the I
people and to the legislature to deprive i
81 its superiority over other religious sects.
and to withhold from it any support by
public taxation. But altho' it may be
true that - religion can be directed only !
oy ieason and conviction, not by force or
and that all men are equal
~ entitled TO the free exercise Of religion
according to the dictates of conscience"
is the bin of rights of Virginia declares.
vet it is difficult to perceive how 1t to-
ows as a consequence that the legislature
nay not enact laws more effectually to
enable all sects to accomplish the great
objects of religion by giving them eerFo-
rate rights for the management OF then |
and the regulation OF then
TEMPORAL as well as spiritual concerns
Consistent with the constitution OF Sirgl
MA the Legislature coald not create o.
continue a religious establishment which /
should have exclusive rights and prerosa-
ives, or compel the citizens to worship
lnder stipulated form or discipline, Of
o pay taxes to those whose creed they |
Guild not conscientiously believe. Eut i
he free exercise OF religion cannot be
Justly deemed to be restrained By aiding
With equal attention the votaries OF eve
Y sect to perform their own religious da-
les. Or by establishing funds TOR the SUP |
'ort of ministers, for public charities, for
he endowment of churches, or tor the
epulchre of the dead. And that these /
purposes could be better secured and che d
ished by corporate powers, cannot be /
Io,h+od hv any nerCon who has attaDdeG l.