deep-toned and self-denying piety of the Puritan, meanwhile, had declined; but the hands of the government, as well for moral as political reasons, were much stronger then than at present, and its whole force was exerted in the effectual patronage of a regular ministry. An act still more effectually providing for the support of ministers was passed 1702, and an act in addition to this act, in 1723, of the same general character with those above mentioned. But the assumption of power by the state on this subject had now passed its culminating point, and had begun to go down and recede before the spirit of evasion and resistance which it had awakened.

After the adoption of the Charter of 1691 the only ground on which the government were warranted in proceeding in this matter is well expressed by Dr. Increase Mather in the account of his negotiations with the English court as agent for the colony. "Religion," says he, speaking of the provisions of that instrument, "is secured, for liberty is granted to all men to worship God after that manner, which, in their consciences, they shall be persuaded is the most Scriptural way. The general court may, by laws, encourage and protect that religion which is the general profession of the inhabitants." * By a law, passed 1742, it is provided in favor of the church of England, that the taxes paid by any professed member of that communion into the town or parish treasury for the support of religious worship, may be withdrawn and paid over to "the minister of the said church, with whom he usually and frequently attends the public worship of God on the Lord's days," whether in the same or a neighbouring town. Temporary provisions were also made for easing the consciences of the Quakers and Baptists; but, these having expired, it was finally enacted, November, 1757, "That from and after the first day of February next, none of the persons commonly called Quakers or Anabaptists, who allege a scruple of conscience as the reason of their refusal to pay any part or proportion of such taxes as are from time to time assessed for the support of the minister or ministers of any church settled by the laws of this province, in the town or district, precinct or parish, where they dwell, shall have their poll or estate, real or personal, in their own hands, and under their actual improvement, taxed towards the settlement or support of such minister or ministers, nor for building or repairing any meeting-house, or place of public worship." *

The framers of the Constitution, in 1780, went still further. The subject as they say in their Address to the People, "underwent long debate, and took time in proportion to its importance; and we feel peculiarly happy in being able to inform you, that though the debates were managed by persons of various denominations, it was finally agreed upon with more unanimity than usually takes place in disquisitions of this nature." The Third Article in the Bill of Rights reads thus:

"As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality; and as these cannot be generally diffused through a community, but by the institution of the public worship of God, and of public instructions in piety, religion, and morality: Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this Commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public Protestant teachers of piety, religion, and morality, in all cases where such Provision shall not be made voluntarily. And the people of this Commonwealth have also a right to, and do, invest their legislature with authority to enjoin upon all the subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and seasons, if there be any, on whose instruction they can conscientiously and conveniently attend.

"Provided notwithstanding, That the several towns, parishes, precincts, and other bodies politic, or religious societies, shall, at all times, have the exclusive right of electing their public teachers, and of contracting with them for their support and maintenance.

"And all moneys paid by the subject to the support of public worship, and of the public teachers aforesaid, shall, if he require it, be uniformly applied to the support of the teacher or teachers, of his own religious sect or denomination, provided there be any on whose instructions he attends; otherwise, it may be paid towards the support of the teacher, or teachers, of the parish or precinct in which said moneys are raised.

"And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the Commonwealth, shall be equally under the protection of the law; and no subordination of any one sect, or denomination, to another, shall ever be established by law."

A portion of the community have been uneasy under this part of the Constitution from the beginning. It is admitted, however, that in all cases which have come before the courts for adjudication, the most liberal construction has been put on the language of the obnoxious article. * The legislature has also manifested a willingness to interpose, from time to time, with a view to reconcile the disaffected, and meet the cases as they arose of real or supposed grievance. By the law of 1799 all laws passed on this subject prior to the adoption of the Constitution were repealed. Still it was made the duty of every corporate town, precinct, or society to be constantly provided with a "public Protestant teacher of piety, religion, and morality," under penalty of a fine similar to that imposed on towns for neglecting to maintain common schools. They are also authorized to cause all sums of money, by them respectively voted to be raised for parochial purposes, to be assessed on all the ratable polls and property within each particular corporation, the polls and estates of Quakers excepted, and to be collected and paid into the treasury. Afterwards it is provided, according to the Constitution, that moneys paid into the treasury by persons of a different religious sect or denomination may be drawn out again, and be applied to the use and support of the public teacher or teachers on whose instruction they usually and respectively attend. It is also further provided, "that the assessors of each parish or religious society within this Commonwealth may omit, in the taxes voted to be assessed on the polls and estates within such parish or society, such persons living within the limits of the same, as belong to and usually attend public worship in a religious society of a different denomination." * Again, by the statute of 1811 "respecting public worship and religious freedom," it is further enacted, "that whenever any person shall become a member of any religious society, corporate or unincorporate, within this Commonwealth, and such membership shall be certified by a committee of such society, chosen for this purpose, and filed with the clerk of the town where he dwells, such person shall for ever afterwards be exempted from taxation for the support of public worship, and public teachers of religion, in every other religious corporation whatsoever, so long as he shall continue such membership." † Still further to prevent liability to wrong or hardship through ignorance or misconception of the law, an act in addition to the act last named was passed in 1823, which makes any ten or more persons, if legal voters, and acting under a warrant from a justice of the peace within the county, competent to the formation and legal organization of a parish or religious society. It is also declared "that any person may separate from one religious society and join another, either of the same or of a different denomination, by filing with the clerk of the society left, a certificate of the fact." The third section expressly and definitively ordains that "no citizen of this Commonwealth, being a member of any religious society in this Commonwealth, shall be assessed or liable to pay any tax for the support of public worship, or other parochial charges, to any parish, precinct, or religious society whatever, other than that of which he is a member; " ‡ and all laws inconsistent with or contrary to the provisions of this act are pronounced null and void.

This is the existing law. Here it may be proper to observe that in the Massachusetts Convention for revising the Constitution, which met in 1820, much time was taken up in the discussion of the Third Article; and an amendment, which seems, however, to have met the hearty concurrence of but few, was finally adopted and submitted to the people, and by them rejected. The amendment then proposed substituted the term "Christian" for "Protestant," and expunged the clause which authorizes the legislature to require attendance on public worship; but in other respects, and in its practical provisions, it was less liberal than the law of 1823. * Further it will be recollected, that in Boston, Salem, Newburyport, Charlestown, and other large towns in the Commonwealth, the ministers of all denominations are supported exclusively, either by voluntary contribution, or by a tax on pews, and not by a tax on property, or a general tax on the inhabitants. In some of the small towns too, and in old and territorial parishes, it has been found expedient to forego any advantage to be derived from the legal provision for the support of public worship, and to depend wholly on voluntary subscriptions or contributions.

In this state of things it is proposed to alter the Third Article, so as to make it read as follows:

"As the public worship of God and instructions in piety, religion, and morality promote the happiness and prosperity of a people, and the security of a republican government: - Therefore, the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting legally