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American Jewry had special
reason for taking an active
part in the observance of the
bi-centennial of the birth of
Thomas Jefferson, which the
nation will commemorate for
an entire year, beginning on
April 13th, for he was the
father of religious liberty in
America.
Although all of the founders
of the American Republic
were men of liberal views, it
was Jefferson’s particular
claim to fame that he steered
ihe nevV-born nation toward
ihe road to religious liberty
as he has helped guide it to
political freedom.
Despite the noble sentiments
expressed in the Declaration
of Independence, on the eve
of the Revolution the Ameri
can Colonies were far from
recognizing absolute religious
freedom. Jews, Catholics,
Quakers and atheists suffered
a great variety of discrimina
tions, while in many states
one denomination or another
was the established religion.
It was in Virginia, Jefferson’s
native state, that the constitu
tional establishment of religi
ous liberty was first effected.
Jefferson was a member of the
state - convention which on
July 5, 1776, incorporated a
bill of rights in the new Vir
ginia constiution. The first
draft of this manifesto con
tained a clause providing that
all men should enjoy the full
est toleration in the exercise
of religion, but Jefferson and
his comrade James Madison
strongly opposed the use of
the term toleration as imply
ing that liberty of worship was
a favor. The two future presi
dents then collaborated on a
new phrasing which read: “All
men are equally entitled to
the free exercise of religion,
according to the dictates of
conscience.” And in this form
it was passed, thus establish
ing religious liberty for the
first time.
During the next ten years
various efforts were made to
establish Christianity in Vir
ginia. Annual assessments in
favor of the Episcopal Church
continued until 1779, when
they were abolished on Jeffer
son’s insistence. In the same
year he introduced a measure
in the Virginia legislature en
titled “a bill for establishing
religious freedom.” It langu
ished in committee without
any action being taken on it
until 1784, when the laws call
ing for an annual tax for the
support of the Christian reli
gion and for teachers of that
religion were introduced while
Jefferson was in France as
United States ambassador. It
was Madison who revived Jef
ferson’s bill, rallied opinion
against the laws to establish
30
The Father
of Religious Liberty
UV reprint the article by Bernard Postal on "The
Father of Religious Liberty" which was written in ob
servance of the 200th Anniversary of the birth of Thomas
Jefferson and the 100th year of B'nai B'rith. It appeared
in The Southern Israelite issue of April 23, 1943.
Although ivritten more than two decades ago its sig
nificance to our current issues of church and state is as
if it were ivritten today. We are <still struggling with re
solving the problems of religious liberty, religion in the
schools, and the rights of minorities to be protected from
the tyranny of the majority and the imposition of their
prevailing views of religious doctrines on all the people.
Christianity and finally suc
ceeded in having them defeat
ed in October, 1785. The legis
lature then took up Jefferson’s
law and on January 16, 1786,
enacted into law the first
measure ever passed by a
popular assembly providing
complete freedom of consci
ence.
The preamble to this great
est of all documents of religi
ous equality declared that
“our civil rights have no de
pendence on our religious
opinions; . . . that the proscrib
ing of any citizen as unworthy
of public confidence by laying
upon him an incapacity of be
ing called to offices of trust
and emolument unless he pro
fess or renounce this or that
religious opinion, is depriving
him injuriously of those privi
leges and advantages to which
in common with his fellow
citizens he has a natural
right.” The statute provided
that “no man shall be com
pelled to frequent or support
any religious worship, place
or ministry whatsoever, nor
shall be enforced, restrained,
molested, burdened in his
body or goods, nor shall other
wise suffer on account of his
religious opinions or belief;
but that all men shall be free
to profess, and by argument
to maintain, their opinion in
matters of religion, that the
same shall in no wise dimin
ish, enlarge or affect their
civil capacities.”
The influence of Jefferson’s
Virginia statute was far-reach
ing. In Europe it was received
with unbounded enthusiasm.
It was inserted in the new
French Encyclopedia and was
cited by the Jews of France
in their petition for emancipa
tion to the National Assembly,
Jefferson himself said of it
that “after so many ages dur
ing which the human mind
has been held in vassalage by
kings, priests and nobles . . .
it is honorable for us to have
produced the first legislature
who had the courage to de
clare that the reason of man
may be trusted with the for
mation of his own opinions.”
In his autobiography he made
it plain that his law meant
"to comprehend within the
mantle of its protection, the
Jew and the Gentile, the
Christian and Mohammedan,
the Hindoo and infidel of every
denomination.” Although Jef
ferson was still abroad when
the Constitutional Convention
met in Philadelphia in 1787,
his Virginia statute inspired
the delegates to incorporate in
article VI of the Federal Con
stitution the clause forbidding
the establishment of any re
ligious test as a required quali
fication for holding any office
or public trust under the
United States. Jefferson’s law
also paved the way for the
First Amendment to the Con
stitution, which forbids Con
gress to make any law respect
ing the establishment of reli
gion.
The sentiments expressed in
the Virginia statute were no
accident, for Jefferson adhered
to them in deed and word
throughout his life. On the
same day that the Declaration
of Independence was adopted,
Jefferson, Benjamin Franklin
and John Adams were named
a committee to design a seal
for the United States. The de
vice that w'as proposed depict
ed for oneside Pharoah sitting
in an open chariot, a crown on
his head and a sword in his
hand passing through the di
viding waters of the Red Sea
in pursuit of the Jews. The- re
verse side showed rays trom
a pillar of fire beaming on
Moses, represented as stand
ing on a shore extending his
hand over the sea causing it
to overwhelm Pharoah. Jeller-
son was no stranger to ’he
Jews of Colonial days. David
Franks and Isaac Franks fre
quently corresponded with
him, while the former serwd
as his diplomatic courier Me
also knew Havm Saloi
who is known to have heh-d
out Jefferson with occas: u
loans.
In his first inaugural >-
dress Jefferson once
stressed the idea of reh
liberty, declaring that, h.
banished from our land
religious intolerance ui
which mankind so long
and suffered, we have
gained little if we countons:
a political intolerance a i
spotic, as wicked and as e.q
ble of bitter and blood'
secution.”
It was Jefferson wh" ■
proposed the appointmun' 1
a Jew to the cabinet. Sh<utl>
after his election to the 1 Resi
dency in 1800 he som I'! ,(l
make a Philadelphia Jewish
lawyer by the name o* Me°
his attorney-general, but u
advised against it on poh ,u "•
not religious, grounds Mu
The Southern Is■ fhte