The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
SIR,--I have duly received your favor of the 18th, and am thankful to you
for having written it, because it is more agreeable to prevent than to
refuse what I do not think myself authorized to comply with. I consider
the government of the United States as interdicted by the Constitution
from intermeddling with religious institutions, their doctrines,
discipline, or exercises. This results not only from the provision that
no law shall be made respecting the establishment or free exercise of
religion, but from that also which reserves to the States the powers
not delegated to the United States. Certainly, no power to prescribe
any religious exercise, or to assume authority in religious discipline,
has been delegated to the General Government. It must then rest with
the States, as far as it can be in any human authority. But it is only
proposed that I should _recommend_, not prescribe a day of fasting and
prayer. That is, that I should _indirectly_ assume to the United States an
authority over religious exercises, which the Constitution has directly
precluded them from. It must be meant, too, that this recommendation is
to carry some authority, and to be sanctioned by some penalty on those
who disregard it; not indeed of fine and imprisonment, but of some degree
of proscription, perhaps in public opinion. And does the change in the
nature of the penalty make the recommendation less a _law_ of conduct
for those to whom it is directed? I do not believe it is for the interest
of religion to invite the civil magistrate to direct its exercises, its
discipline, or its doctrines; nor of the religious societies, that the
General Government should be invested with the power of effecting any
uniformity of time or matter among them. Fasting and prayer are religious
exercises; the enjoining them an act of discipline. Every religious
society has a right to determine for itself the times for these exercises,
and the objects proper for them, according to their own particular tenets;
and this right can never be safer than in their own hands, where the
Constitution has deposited it.
I am aware that the practice of my predecessors may be quoted. But I have
ever believed, that the example of State executives led to the assumption
of that authority by the General Government, without due examination,
which would have discovered that what might be a right in a State
government, was a violation of that right when assumed by another. Be this
as it may, every one must act according to the dictates of his own reason,
and mine tells me that civil powers alone have been given to the President
of the United States, and no authority to direct the religious exercises
of his constituents.
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