Carl H. Esbeck (University of Missouri School of Law) has posted Religion During the American Revolution and the Early Republic. The abstract follows.
This paper is part of an anthology and will appear in volume one under the heading Historical Introduction to Law and Religion in the West. The editor requested an extended essay concerning religion and religious liberty in the American War of Independence and its aftermath. The paper is juxtaposed with another on the French Revolution, providing a comparison for the role religion played in these events that continue to shape the world. In addition to the War itself, which unfolded over 1775-1783, changes within American Protestantism had a leveling effect on society and, by the early years of the republic, the political and religious culture exalted liberty, individualism, and the voluntary church.
The Quebec Act of 1774 illustrates the degree to which American patriots reacted against Roman Catholicism. This act of Parliament preserved the established role of the Catholic Church in French Canada, including public funding and full sanction by the British government. British tolerance of the Catholic establishment drew harsh protests from Congress, even mention as a grievance in the Declaration of Independence. American sensitivity was to Old World political uses of religion. The patriots believed that a fully-empowered Catholic hierarchy to the north and west of them would bring Old World intrigues involving the Roman Church. To be an American was to be in sympathy with Protestantism, to be Protestant was to be republican, and to be republican was to oppose Catholic absolutism. Moreover, the British were departing from their constitutional commitment to representative government when they unilaterally imposed taxes and other oppressive acts on colonial subjects. This was seen as an offense to republicanism and each American’s inalienable rights. The breach of the Lockean social contract legitimated armed rebellion. Continue reading