It looks like the gathering will be in
Chicago, in the hopes of coordinating with the protests that will be taking
place there in when
NATO and the G-8 hold
their meetings there.
I mentioned that I was working on what I called a “chronoscope” — a time-oriented search engine for Picket Line content.
I’m still working out the bugs, and so far only about half of the pages on the
site are indexed, but if you want to give the prototype a spin,
you can find my
Chronoscope here.
From a petition to the Virginia legislature, drafted by Benjamin Bates on
:
[The laws] now require that your memorialists, notwithstanding the
insuperable objection of their religious scruples, should be trained to arms.
Their refusal subjects them to fines, which within certain limitations, are
fixed at the discretion of the courts martial, and become in numerous
instances extremely oppressive. Nor is this all — your memorialists conceive
that the voluntary payment of a fine imposed for adherence to religious duty,
or the receiving of surplus money, arising from the sale of their property,
seized for the satisfying of these demands, would be to acknowledge a
delinquency, which they cannot admit, and to become parties in a traffic or
commutation of their principles. Hence also, considerable loss is sustained.
And notwithstanding your memorialists may acknowledge that many officers of
the government, in these cases, manifest great reluctance, and execute their
trust with a scrupulous regard to the interest of the sufferers; yet there
are other instances in which wanton depredations are made on the property of
individuals.
Your memorialists are aware that it may be said that the law does not
discriminate between them and others, and that they ought equally to support
the public burdens, and yield their services to the exigencies of the State.
This objection supposes that a general law cannot have a partial or unequal
operation. It supposes, too, that what maybe deemed a national concern, may
supersede the chartered rights and privileges of the people. But your
memorialists cannot suppose that these principles, which indeed are no other
than the maxims of tyranny, will ever be deliberately adopted or acted upon
by this legislature. If one member of the community believe that it is
his duty to fight, aud to slay the enemies of his country, and if
another believe that he is prohibited by divine command from
planning the destruction or shedding the blood of his fellow creatures, the
question, as it relates to the present subject, is not which, or
whether either is wrong, but whether a law commanding
both to take arms, would not operate unequally and violate
the rights of conscience? It would operate unequally, because it does not
discriminate — because to the conscience of the one it would enjoin the
performance of a duty, to that of the other, the commission of a crime. It
would violate the liberty of conscience, because it would compel under pains
and penalties the performance or an act, which is believed offensive to the
Divine Being. Human authority cannot, like the great Searcher of hearts, try
the spirits of men respecting truth and error; it cannot remit the penalties
of sin, or control the convictions of the heart; and therefore in this
country at least, the liberty of conscience is wisely placed beyond the
sphere of legislation, and protected from the encroachment of any power in
the government.
While it is therefore evident, that the ostensible object of the law for
training them to arms, cannot be effected; and it is presumed from the
general notoriety of their principles, that it is not even expected to be
attained — while your memorialists believe that the principles they hold can
in no sense prove injurious to the community, and are persuaded that this
legislature would disclaim the idea of raising revenue by laws inflicting
fines on the free exercise of conscience — they trust, that a privilege
conferred by the Supreme Being, and by the highest authority in this country
declared to be sacred and inviolable, may be safely expected from its justice
and liberality. They therefore respectfully petition, that the laws imposing
military requisitions and penalties for non-compliance, may be considered as
they respect your petitioners, and such relief afforded as to the wisdom of
the legislature shall seem just and necessary.
Signed by order and on behalf of a meeting of the representatives of the
aforesaid Society, held in Dinwiddie county,
.
Benj. Bates, Clerk at this
time.
Bates followed this petition up with a letter of his own in which he further
questioned the right of the government to penalize or tax the exercise of a
person’s conscientious scruples, saying that the government may only restrain
someone’s freedom to put his religious beliefs into practice to the extent
that it is necessary “to preserve the peace and order of society” and that
“government has no right to bring the laws of God and man into competition.”
He rejects the idea that liberty of conscience only refers to abstract beliefs
or professed doctrine, but insists it rightly means the whole domain of
conscience — thoughts and acts governed by those thoughts.
…[S]till, it is contended, an expedient may be found which shall protect
those rights from violation, and at the same time satisfy the law, which
would otherwise infringe them. Thus — if the legislature enjoin the
performance of certain duties, on which, it is supposed, the very existence
of the government depends, and those duties happen to interfere with the
constitutional rights of any individual, let that indivdual pay an
equivalent, and be excused. If it be a military service, for instance, and
his religious principles forbid him to fight, let him pay a tax for the
support of schools, and make the tax equal to the military service. The
argument fairly stated, stands thus — the Legislature shall not restrain the
free exercise of conscience; but they may levy a tax upon the advantages
derived from the exemption. Have I any objection to the support of schools?
Far from it — I should rejoice to see knowledge and virtue diffused among the
lower classes of society; I would cheerfully pay an equivalent for the
purpose, and might even be disposed to encourage it by a voluntary
contribution; but when I pay a partial tax — a fine, I am neither discharging
the common duties of a citizen, nor doing an act of benevolence. I am paying
a debt and — for what consideration? Plainly, for being allowed to enjoy
liberty of conscience. But I do not derive the liberty of conscience from the
government; I hold it from a tenure antecedent to the institutions of civil
soceity. It was secured to me in the social compact, and it was never
submitted to the Legislature at all. They have, therefore, no such privileges
to grant or withhold, at their pleasure; and certainly no pretence or
authority to sell it for a price. It appears, then, that this exclusive tax
for the support of schools, is a groundless and oppressive demand. It is a
muster fine in disguise — and violates the very principle which it seemed to
respect.
But is it not unreasonable, it is asked, that our fellow citizens who believe
war to be allowable and necessary, should be subjected to the hardships and
privations incident to the training and service, while we, under the
protection of our religions privileges, enjoy a complete exemption? We answer
no. If those citizens do believe that war is necessary for their defence; if
they conceive it to be their duty and their interest to fight; if it accords
with their religious principles to repel aggressions by the sword; if, in the
full exercise of their privileges, they give to the government authority to
command them in these services; this is their own act. and they cannot
complain of the consequences. But a man is not the judge of his neighbor’s
conscience, and if the powers they surrender for themselves involve the
constitutional privileges of others, they are binding only on those who have
consented to them.
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