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CONSTITUTION
Pennsylvania
1776
A
convention completed this constitution, which is excerpted
as it pertains to religion, in Philadelphia on September
28, 1776. Its preamble states that the delegates "met,
for the express purpose of framing such a government,
confessing the goodness of the great Governor of the
universe." This constitution, which was not submitted
to Pennsylvanians for ratification, exempts the "conscientiously
scrupulous" from bearing arms. While requiring legislators
to make a prescribed statement of faith, it then prohibited
any "further" religious test for other office holders.
Because
this oath admitted Roman Catholics to full rights in
elected offices, it is somewhat more liberal than the
requirements of most states at the time. Ben Franklin
presided at this constitutional convention. Franklin
was opposed to any religious test, and saw this last
provision as a compromise. Had this rather broad language
not been approved, a much narrower version might have
been introduced. In contrast to the broad language of
the oath, the test had a narrow application, as it applied
only to the legislature. The requirement that one acknowledge
the New Testament as divine scripture did not sit well
with the Jews, who in 1783 successfully petitioned that
that phrase be dropped.
RJ&L
Religious Institutions Group
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We
the representatives of the freemen of Pennsylvania, in general
convention met, for the express purpose of framing such
a government, confessing the goodness of the great Governor
of the universe (who alone knows to what degree of earthly
happiness mankind may attain, by perfecting the arts of
government) in permitting the people of this State, by common
consent, and without violence, deliberately to form for
themselves such just rules as they shall think best, for
governing their future society; and being fully convinced,
that it is our indispensable duty to establish such original
principles of government, as will best promote the general
happiness of the people of this State and their posterity,
and provide for future class, sect or denomination of men
whatever, do, by virtue of the authority vested in us by
our constituents, ordain, declare, and establish, the following
Declaration of Rights and Frame of Government.
. . .
A
Declaration of the Rights of the Inhabitants of the State
of Pennsylvania.
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II. That
all men have a natural and unalienable right to worship
Almighty God according to the dictates of their own consciences
and understanding: And that no man ought or of right can
be compelled to attend any religious worship, or erect or
support any place of worship, or maintain any ministry,
contrary to, or against, his own free will and consent:
Nor can any man, who acknowledges the being of a God, be
justly deprived or abridged of any civil right as a citizen,
on account of his religious sentiments or peculiar mode
of religious worship: And that no authority can or ought
to be vested in, or assumed by any power whatever, that
shall in any case interfere with, or in any manner control,
the right of conscience in the free exercise of religious
worship.
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VIII. That
every member of society hath a right to be protected in
the enjoyment of life, liberty and property, and therefore
is bound to contribute his proportion towards the expence
of that protection, and yield his personal service when
necessary, or an equivalent thereto: But no part of a man's
property can be justly taken from him, or applied to public
uses, without his own consent, or that of his legal representatives:
Nor can any man who is conscientiously scrupulous of bearing
arms, be justly compelled thereto, if he will pay such equivalent,
nor are the people bound by any laws, but such as they have
in like manner assented to, for their common good.
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Plan
or Frame of Government.
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SECT.
10.
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And
each member [of the house of representatives], before he
takes his seat, shall make and subscribe the following declaration,
viz:
I
do believe in one God, the creator and governor of the universe,
the rewarder of the good and the punisher of the wicked.
And I do acknowledge the Scriptures of the Old and New Testament
to be given by Divine inspiration.
And
no further or other religious test shall ever hereafter
be required of any civil officer or magistrate in this State.
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Source:
the federal and state constitutions, colonial charters,
and other organic laws of the united states 1540-43 (Ben:
Perley Poore, 1878).
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