The Online Library of Liberty

A project of Liberty Fund, Inc.

• Alphabetical List of Authors
• Illustrations
• Introduction
• Note On the Texts
• Part One: Colonial Settlements and Societies
• Virginia Articles, Laws, and Orders I610–11
• The Mayflower Compact November 11, 1620
• Fundamental Orders of Connecticut January 14, 1639
• The Massachusetts Body of Liberties December 1641
• Charter of Liberties and Frame of Government of the Province of Pennsylvania In America May 5, 1682
• Dorchester Agreement October 8, 1633
• Maryland Act For Swearing Allegiance 1638: Plymouth Oath of Allegiance and Fidelity 1625
• Little Speech On Liberty
• Copy of a Letter From Mr. Cotton to Lord Say and Seal
• Part Two: Religious Society and Religious Liberty In Early America
• The Bloody Tenent, of Persecution, For Cause of Conscience
• A Platform of Church Discipline
• Providence Agreement August 20, 1637: Maryland Act For Church Liberties 1638: Pennsylvania Act For Freedom of Conscience December 7, 1682
• Worcestriensis 1776
• Thanksgiving Proclamation and Letters to Religious Associations
• Farewell Address
• The Rights of Conscience Inalienable
• Letter to the Danbury Baptist Association
• Part Three: Defending the Charters
• Magna Charta 1215
• Petition of Right 1628
• An Account of the Late Revolution In New England and Boston Declaration of Grievances: Boston Declaration of Grievances
• The English Bill of Rights 1689
• The Stamp Act March 22, 1765
• Braintree Instructions
• Resolutions of the Virginia House of Burgesses June 1765: Declarations of the Stamp Act Congress October 24, 1765
• The Rights of the British Colonies Asserted and Proved
• The Act Repealing the Stamp Act March 18, 1766; the Declaratory Act, 1766
• Part Four: the War For Independence
• A Discourse At the Dedication of the Tree of Liberty
• Letters From a Farmer In Pennsylvania, Letters V and Ix
• Declaration and Resolves of the First Continental Congress October 14, 1774
• Virginia Bill of Rights June 12, 1776
• On Civil Liberty, Passive Obedience, and Non-resistance
• Common Sense
• The Declaration of Independence July 4, 1776
• Part Five: a New Constitution
• Thoughts On Government
• Articles of Confederation 1778
• The Essex Result April 29, 1778
• Northwest Ordinance 1787
• Albany Plan of Union July 10, 1754
• Virginia and New Jersey Plans 1787
• The Constitution of the United States of America 1787
• The Federalist , Papers 1, 9, 10, 39, 47–51, 78
• Address of the Minority of the Pennsylvania Convention December 12, 1787
• An Examination of the Leading Principles of the Federal Constitution
• Part Six: the Bill of Rights
• The Federalist , Papers 84 and 85
• Letter I
• Essay I
• Letter Iii
• Memorial and Remonstrance Against Religious Assessments: Virginia Bill For Establishing Religious Freedom
• Speech Introducing Proposed Constitutional Amendments: Debate Over First Amendment Language August 15, 1789: The First Ten Amendments to the Constitution, Or the Bill of Rights 1789
• Commentaries On the Constitution of the United States
• The People V. Ruggles
• Marbury V. Madison
• Barron V. The Mayor and City Council of Baltimore
• Part Seven: State Versus Federal Authority
• Essay V: “brutus” 1787
• Chisholm V. Georgia: U.s. Constitution, Eleventh Amendment 1787
• The Alien and Sedition Acts June 25, 1798: Virginia Resolutions December 21, 1798: Kentucky Resolutions November 10, 1798: Counter-resolutions of Other States 1799: Report of Virginia House of Delegates 1799
• The Duty of Americans, At the Present Crisis
• Report of the Hartford Convention 1815
• Commentaries On the Constitution of the United States: a Familiar Exposition of the Constitution of the United States
• Part Eight: Forging a Nation
• Opinion Against the Constitutionality of a National Bank: Opinion As to the Constitutionality of the Bank of the United States
• Veto Message
• Veto Message
• Commentaries On the Constitution of the United States
• Address to the Young Men’s Lyceum of Springfield, Illinois: Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin
• Newspaper Editorials: “direct Taxation” April 22, 1834: “chief Justice Marshall” July 28, 1835: “the Despotism of the Majority” March 25, 1837: “morals of Legislation” April 15, 1837: “the Morals of Politics” June 3, 1837
• Speech On Electioneering
• Speech Before the U.s. Senate (webster): Speech Before the U.s. Senate (hayne)
• Fort Hill Address
• Part Nine: Prelude to War
• Laws Regulating Servants and Slaves, 1630–1852
• “slavery” “agriculture and the Militia”
• The Missouri Compromise 1820–21
• Newspaper Editorials: “governor Mcduffie’s Message” February 10, 1835: “the Question of Slavery Narrowed to a Point” April 15, 1837: “‘abolition Insolence’” July 29, 1837
• Senate Speeches On the Compromise of 1850 Speech On the Slavery Question
• Second Fugitive Slave Law September 18, 1850: Ableman V. Booth (62 Us 506)
• Scott V. Sandford
• The Relative Position and Treatment of the Negroes the Abolitionists—consistency of Their Labors
• What Is Slavery? Slavery Is Despotism
• Kansas-nebraska Act 1856: Fifth Lincoln-douglas Debate October 7, 1858
• Bibliography

Providence Agreement
August 20, 1637

Maryland Act for Church Liberties
1638

Pennsylvania Act for Freedom of Conscience
December 7, 1682

Providence Agreement

Banished from Salem, Massachusetts, for his democratic views of church government, Roger Williams went to Rhode Island to found its earliest settlement at Providence. One of the first political compacts, the Providence Agreement also contains the first expression of the separation of church and state in America, binding members to obey only political authorities, and then only in regard to civil matters.

We whose names are hereunder, desirous to inhabit in the town of Providence, do promise to subject ourselves in active and passive obedience to all such orders or agreements as shall be made for the public good of the body in an orderly way, by the major consent of present inhabitants, masters of families, incorporated together in a Towne fellowship, and others whom they shall admit unto them only in civil things.

Maryland Act for Church Liberties

Maryland took a road toward religious toleration very different from Williams’s. Lord Calvert, the colony’s proprietor (and as such endowed with powers from the king to rule largely as he saw fit, subject to the king’s wishes), was Catholic. Thus, colonists in Maryland, despite their representation in an assembly, and whatever their personal beliefs, had little power by which to oppose toleration specifically aimed at protecting Catholics. Nonetheless, Catholic rights would suffer periodic reversals in Maryland, which had a Protestant majority throughout most of its colonial existence.

Be it enacted by the Lord Proprietarie of this Province by and with the Advice and approbation of the ffreemen of the same that Holy Church within this Province shall have all her rights liberties and immunities safe whole and inviolable in all things. This act to continue till the end of the next Generall Assembly and then with the Consent of the Lord Proprietarie to be perpetuall.

Pennsylvania Act for Freedom of Conscience

Pennsylvania’s proprietor, William Penn, held an expansive view of religious toleration, extending it to all who professed belief in a deity. However, Penn shared the common view that liberty, order, and justice depend upon virtue, which itself rests on Christian piety. Thus, his grant of religious liberties distinguishes between toleration for non-Christians and rights of political participation, which are reserved for Christians, and, further, continues traditional laws respecting Sabbath-keeping and punishment for sacrilegious speech and conduct.

Wheras the glory of almighty God and the good of mankind is the reason and end of government and, therefore, government in itself is a venerable ordinance of God. And forasmuch as it is principally desired and intended by the Proprietary and Governor and the freemen of the province of Pennsylvania and territories thereunto belonging to make and establish such laws as shall best preserve true christian and civil liberty in opposition to all unchristian, licentious, and unjust practices, whereby God may have his due, Caesar his due, and the people their due, from tyranny and oppression on the one side and insolence and licentiousness on the other, so that the best and firmest foundation may be laid for the present and future happiness of both the Governor and people of the province and territories aforesaid and their posterity.

Be it, therefore, enacted by William Penn, Proprietary and Governor, by and with the advice and consent of the deputies of the freemen of this province and counties aforesaid in assembly met and by the authority of the same, that these following chapters and paragraphs shall be the laws of Pennsylvania and the territories thereof.

Chap. i. Almighty God, being only Lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith, and worship, who can only enlighten the mind and persuade and convince the understandings of people. In due reverence to his sovereignty over the souls of mankind;

Be it enacted, by the authority aforesaid, that no person now or at any time hereafter living in this province, who shall confess and acknowledge one almighty God to be the creator, upholder, and ruler of the world, and who professes him or herself obliged in conscience to live peaceably and quietly under the civil government, shall in any case be molested or prejudiced for his or her conscientious persuasion or practice. Nor shall he or she at any time be compelled to frequent or maintain any religious worship, place, or ministry whatever contrary to his or her mind, but shall freely and fully enjoy his, or her, christian liberty in that respect, without any interruption or reflection. And if any person shall abuse or deride any other for his or her different persuasion and practice in matters of religion, such person shall be looked upon as a disturber of the peace and be punished accordingly.

But to the end that looseness, irreligion, and atheism may not creep in under pretense of conscience in this province, be it further enacted, by the authority aforesaid, that, according to the example of the primitive Christians and for the ease of the creation, every first day of the week, called the Lord’s day, people shall abstain from their usual and common toil and labor that, whether masters, parents, children, or servants, they may the better dispose themselves to read the scriptures of truth at home or frequent such meetings of religious worship abroad as may best suit their respective persuasions.

Chap. ii. And be it further enacted by, etc., that all officers and persons commissioned and employed in the service of the government in this province and all members and deputies elected to serve in the Assembly thereof and all that have a right to elect such deputies shall be such as profess and declare they believe in Jesus Christ to be the son of God, the savior of the world, and that are not convicted of ill-fame or unsober and dishonest conversation and that are of twenty-one years of age at least.

Chap. iii. And be it further enacted, etc., that whosoever shall swear in their common conversation by the name of God or Christ or Jesus, being legally convicted thereof, shall pay, for every such offense, five shillings or suffer five days imprisonment in the house of correction at hard labor to the behoof of the public and be fed with bread and water only during that time.

Chap. v. And be it further enacted, etc., for the bet-ter prevention of corrupt communication, that whosoever shall speak loosely and profanely of almighty God, Christ Jesus, the Holy Spirit, or the scriptures of truth, and is legally convicted thereof, shall pay, for every such offense, five shillings or suffer five days imprisonment in the house of correction at hard labor to the behoof of the public and be fed with bread and water only during that time,

Chap. vi. And be it further enacted, etc., that whosoever shall, in their conversation, at any time curse himself or any other and is legally convicted thereof shall pay for every such offense five shillings or suffer five days imprisonment as aforesaid.