The Jefferson and Danbury Baptist Correspondence

There seems to be little that is as misunderstood among the laity as the judicial travels of the "separation of church and state" phrase by Thomas Jefferson. 

This article from the Wall Street Journal gets the point of Christine O’Donnell’s exchange with Coons wrong. It’s not the first time that members of the press exhibit a high level of ignorance about constitutional, political, social and economic issues. Everyone in the press assumes the “separation of church and state” is part in the first amendment because Jefferson wrote a letter in which he used the term. Few of them are aware of the fact that Jefferson had nothing to do with writing the constitution (he was in France at the time) and that his letter, written to the Danbury (Connecticut) Baptists actually contradicts what most people believe about it.

Herewith an interesting history lesson.

After the election of Thomas Jefferson as president in 1800, the Danbury Baptists sent this rather flowery letter to him:

Letter to Thomas Jefferson

Danbury Baptist Association's letter to Thomas Jefferson, October 7, 1801.

Sir, — Among the many millions in America and Europe who rejoice in your Election to office; we embrace the first opportunity which we have enjoyd in our collective capacity, since your Inauguration, to express our great satisfaction, in your appointment to the chief Majestracy in the United States; And though our mode of expression may be less courtly and pompious than what many others clothe their addresses with, we beg you, Sir to believe, that none are more sincere.

Our Sentiments are uniformly on the side of Religious Liberty — That Religion is at all times and places a matter between God and individuals — That no man ought to suffer in name, person, or effects on account of his religious Opinions - That the legitimate Power of civil government extends no further than to punish the man who works ill to his neighbor: But Sir our constitution of government is not specific. Our ancient charter together with the Laws made coincident therewith, were adopted on the Basis of our government, at the time of our revolution; and such had been our Laws & usages, and such still are; that Religion is considered as the first object of Legislation; and therefore what religious privileges we enjoy (as a minor part of the State) we enjoy as favors granted, and not as inalienable rights: and these favors we receive at the expense of such degrading acknowledgements, as are inconsistent with the rights of freemen. It is not to be wondered at therefore; if those, who seek after power & gain under the pretense of government & Religion should reproach their fellow men — should reproach their chief Magistrate, as an enemy of religion Law & good order because he will not, dare not assume the prerogatives of Jehovah and make Laws to govern the Kingdom of Christ.

Sir, we are sensible that the President of the United States, is not the national legislator, and also sensible that the national government cannot destroy the Laws of each State; but our hopes are strong that the sentiments of our beloved President, which have had such genial affect already, like the radiant beams of the Sun, will shine and prevail through all these States and all the world till Hierarchy and Tyranny be destroyed from the Earth. Sir, when we reflect on your past services, and see a glow of philanthropy and good will shining forth in a course of more than thirty years we have reason to believe that America's God has raised you up to fill the chair of State out of that good will which he bears to the Millions which you preside over. May God strengthen you for the arduous task which providence & the voice of the people have cald you to sustain and support you in your Administration against all the predetermined opposition of those who wish to rise to wealth & importance on the poverty and subjection of the people.

And may the Lord preserve you safe from every evil and bring you at last to his Heavenly Kingdom through Jesus Christ our Glorious Mediator.

Signed in behalf of the Association.

Nehh Dodge

Ephram Robbins The Committee

Stephen S. Nelson

So what was the purpose of this letter?  According to Beliefnet, and supported by most historians,

The Danbury Baptist Association was founded in 1790 as a coalition of about 26 churches in the Connecticut Valley. Connecticut had established Congregationalism as its official state religion. It was as a persecuted religious minority that they wrote to President Jefferson asking for his help in overthrowing the establishment.

This is fairly obvious not just from history, but from the part of their letter I underlined.  The Danbury Baptists were not just sending a letter of congratulations, they were asking Jefferson do something: that is, to end the establishment of Congregationalism in Connecticut.

This he refused to do. 

Here is an image of his first draft of his reply in which he says: 

NOTE what he says in this draft which he later erased:

"Congress thus inhibited from acts respecting religion and the executive only to execute their acts I have refrained from prescribing even occasional performances of devotion ..."

In the current vernacular he's saying that congress is prevented by the first amendment from enacting a law "respecting the establishment of religion" which means that while they cannot create a "state church" like Connecticut has, neither are they empowered to disestablish Connecticut’s state church. And he absolves himself for interceding in the state church controversy in Connecticut because he's limited to executing congress' will. 

In other words, he saying thanks for the compliments and good wishes, but there is nothing that the federal government can do.  He hopes that the Connecticut people and legislature will change their position.  From a constitutional perspective, this is exactly the opposite of what modern jurisprudence has him saying.  Where congress and Jefferson feared to tread, the Supreme Court boldly went.

Here's the way Beliefnet put it:

Jefferson asked his attorney general, Levi Lincoln of Connecticut, to review his response for political landmines. "You understand the temper of those in the North, and can weaken it therefore to their stomachs," Jefferson noted. Lincoln replied that Jefferson's draft was too combative. By criticizing the proclamations, Jefferson would potentially insult not only Federalists but Republicans as well, as the custom is "venerable being handed down from our ancestors," Lincoln cautioned. Jefferson responded to Lincoln's warning by cutting out the offending passage. So the final letter to the Baptists ended up without the portion on proclamations - the ostensible reason for Jefferson to write the letter in the first place.Those who believe Jefferson was describing a wall of separation that would, say, keep prayer out of public schools, should look again at the word "their" - which Jefferson underlined. In responding to the Baptists complaint about the Connecticut government, Jefferson said merely that the national legislature had, at least created a wall of separation. He did not offer any help in battling the Connecticut law, except to say that he expects to see "the progress of those sentiments" of freedom. .

However, in return for their obsequious words, he wished them well.

To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen,

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves your religious association, assurances of my high respect & esteem.

Th Jefferson

How this bit of political butt kissing on the part of the Danbury Baptists and political buck passing on the part of Jefferson became part of the rewriting of the first amendment will have to be answered by a constitutional scholar who does not do irony. For my part, it seems that this back-and-forth is a better argument against the imposition of the many federal laws and regulations respecting the way we are allowed to practice our religion than for it.