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 individual 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 society. 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 pretense 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.