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On JANUARY 1, 1802, the people of Cheshire, Massachusetts, sent a giant block of cheese to President Thomas Jefferson, being presented by the famous Baptist preacher, John Leland.
John Leland was then invited to preach to the President and Congress in the U.S. Capitol.
The subject of his talk was "separation of church and state."
Baptists had been particularly persecuted in colonial Virginia, as Francis L. Hawks wrote in Ecclesiastical History (1836):
"No dissenters in Virginia experienced for a time harsher treatment than the Baptists ...
They were beaten and imprisoned ...
Cruelty taxed ingenuity to devise new modes of punishment and annoyance."
So many Baptist ministers were harassed, and their church services disrupted, that James Madison introduced legislation in Virginia's Legislature on October 31, 1785, titled "A Bill for Punishing Disturbers of Religious Worship," which passed in 1789.
Colonial Virginia had an "establishment" of the Church of England, or "Anglican Church" from 1606 to 1786.
-mandatory taxes to support it; and
-no one could hold public office unless they were a member.
Over time, lax enforcement allowed "dissenting" religious groups to enter Virginia, the first being Presbyterians and Quakers, followed by German Lutherans, Mennonites and Moravian Brethren, then finally Baptists.
John Leland, who considered running for Congress, wanted an Amendment added to the new United States Constitution which would protect religious liberty.
Leland reportedly met with James Madison near Orange, Virginia.
Upon Madison's promise to introduce what would become the First Amendment, Leland agreed to persuade Baptists to get involved in politically by supporting Madison.
John Leland wrote in Rights of Conscience Inalienable, 1791, that they wanted not just toleration, but equality:
"Every man must give account of himself to God, and therefore every man ought to be at liberty to serve God in a way that he can best reconcile to his conscience.
If government can answer for individuals at the day of judgment, let men be controlled by it in religious matters; otherwise, let men be free."
John Leland was following in the tradition of the Baptist Roger Williams, who fled England to Massachusetts, then fled to found Rhode Island.
The situation was that Puritans were persecuted by the established Anglican Church in England. They fled in a Great Migration to Massachusetts, where they proceeded to establish Puritanism.
Supreme Court Justice Hugo Lafayette Black wrote in Engel v. Vitale, 1962:
"When some of the very groups which had most strenuously opposed the established Church of England found themselves sufficiently in control of colonial governments in this country to write their own prayers into law, they passed laws making their own religion the official religion of their respective colonies."
Roger Williams who wrote in his Plea for Religious Liberty, 1644:
"The doctrine of persecution for cause of conscience is most contrary to the doctrine of Christ Jesus the Prince of Peace ...
God requireth not a uniformity of religion to be enacted and enforced in any civil state;
which enforced uniformity (sooner or later) is the greatest occasion of civil war, ravishing of conscience, persecution of Christ Jesus in his servants, and of the hypocrisy and destruction of millions of souls."
A few years later, Quaker founder of Pennsylvania William Penn wrote in England's Present Interest Considered, 1675:
"Force makes hypocrites, 'tis persuasion only that makes converts."
Following George Whitefield's First Great Awakening Revival, 1730-1755, a Second Great Awakening Revival took place between 1790-1840.
In Thomas Jefferson's county of Albemarle, Baptist, Presbyterian and Methodist revival meetings were held.
Even Jefferson's daughter, Mary, attended a Baptist revival preached by Lorenzo Dow.
On July 4, 1826, the editor of the Christian Watchman (Boston, MA) published an account:
"ANDREW TRIBBLE was the Pastor of a small Baptist Church, which held its monthly meetings at a short distance from Mr. JEFFERSON'S house, eight or ten years before the American Revolution.
Mr. JEFFERSON attended the meetings of the church for several months in succession, and after one of them, asked Elder TRIBBLE to go home and dine with him, with which he complied.
Mr. TRIBBLE asked Mr. JEFFERSON how he was pleased with their Church Government?
Mr. JEFFERSON replied, that it had struck him with great force, and had interested him much; that he considered it the only form of pure democracy that then existed in the world, and had concluded that it would be the best plan of Government for the American Colonies."
Thomas F. Curtis wrote in The Progress of Baptist Principles in the Last Hundred Years (Charleston, S.C.: Southern Baptist Publication Society, 1856):
"A gentleman ... in North Carolina ... knowing that the venerable Mrs. (Dolley) Madison had some recollections on the subject, asked her in regard to them.
She expressed a distinct remembrance of Mr. Jefferson speaking on the subject, and always declaring that it was a Baptist church from which these views were gathered."
President Calvin Coolidge stated at the 150th anniversary of the Declaration of Independence, July 4, 1926:
"This preaching reached the neighborhood of Thomas Jefferson, who acknowledged that his 'best ideas of democracy' had been secured at church meetings."
During the Revolution, Anglican ministers had sided with King George III, who was head of the Anglican Church.
As a result, patriotic parishioners gained courage to migrate out of the "established" churches and filter into "dissenting" churches.
Jefferson was baptized, married and buried in the Anglican Church, as recorded in his family Bible, but in 1777 he started a dissenting church named the Calvinistical Reformed Church.
Jefferson drew up the bylaws of the church, which met in the Albemarle County Courthouse.
His idea was for it to be a "voluntary" church, supported only by the voluntary donations of those who attended.
This contrasted with the Anglican model of church support where citizen paid mandatory taxes to the government, which in turn dispensed funds to established churches.
Jefferson's memorandum book showed he contributed to the evangelical pastor of the Calvinistical Reformed Church, the Rev. Charles Clay.
Jefferson also gave generously to missionaries and various other churches:
"I have subscribed to the building of an Episcopal church, two hundred dollars, a Presbyterian, sixty dollars, and a Baptist, twenty-five dollars."
After the Revolution, the Virginia legislature rewrote its laws, removing all references to the King.
"Dissenting" churches lobbied Jefferson to take this opportunity to "disestablish" the Anglican Church.
Jefferson responded by writing his Bill for Establishing Religious Freedom.
In 1779, fellow member of Jefferson's Calvinistical Reformed Church, Col. John Harvie, introduced the bill in Virginia's Assembly.
It took seven years to pass.
Justice Hugo Black wrote in Engel v. Vitale, 1962:
"But the successful Revolution against English political domination was shortly followed by intense opposition to the practice of establishing religion by law.
This opposition crystallized rapidly into an effective political force in Virginia where the minority religious groups such as Presbyterians, Lutherans, Quakers and Baptists had gained such strength that the adherents to the established Episcopal Church were actually a minority themselves.
In 1785-1786, those opposed to the established Church ... obtained the enactment of the famous 'Virginia Bill for Religious Liberty' by which all religious groups were placed on an equal footing."
After three of Jefferson's children died, his wife, Martha, died in 1782.
After her funeral, Jefferson suffered depression and withdrew from politics.
In his grief, he burned every letter he had with his wife and sequestered himself in his room for three weeks, only venturing out to ride horseback through the hills of his estate.
Jefferson's daughter, Martha 'Patsy' Jefferson, described how he wept for hours:
"In those melancholy rambles I was his constant companion ... a solitary witness to many a violent burst of grief ... the violence of his emotion ... to this day I do not describe to myself."
Trying to help, Congress asked Jefferson in 1784 to be the U.S. ambassador to France.
France was going through a period of "French infidelity" prior to its bloody French Revolution and Reign of Terror.
Upon returning to America, Jefferson entertained liberal "deist-Christian" ideas, though in later life he was described simply as a "liberal Anglican."
Jefferson's bill finally passed by Virginia's Assembly, January 16, 1786.
So significant was this, that Jefferson noted it on his gravestone as "The Statue of Virginia for Religious Freedom."
"Almighty God hath created the mind free ...
All attempts to influence it by temporal punishments ... are a departure from the plan of the Holy Author of religion,
who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in His Almighty power to do ...
To compel a man to furnish contributions of money for the propagation of opinions, which he disbelieves is sinful and tyrannical ...
Be it enacted ... that no man shall ... suffer on account of his religious opinions."
Jefferson acquired a Qur'an in 1765, but after studying it, he only had praise for the morality of Jesus, as he wrote to William Canby, September 18, 1813:
"Of all the systems of morality, ancient or modern, which have come under my observation, none appear to me so pure as that of Jesus."
Jefferson wrote to Jared Sparks, November 4, 1820:
"I hold the precepts of Jesus as delivered by Himself, to be the most pure, benevolent and sublime which have ever been preached to man."
Jefferson wrote to Joseph Priestly, April 9, 1803, regarding Jesus:
"His system of morality was the most benevolent and sublime probably that has been ever taught, and consequently more perfect than those of any of the ancient philosophers."
Jefferson's belief that "the Holy Author of religion ... chose not to propagate it by coercions" is consistent with an account in the Gospel of John:
"Many of his disciples ... said, 'This is a hard saying; who can hear it?'
When Jesus knew in himself that his disciples murmured at it, he said unto them, 'Doth this offend you?'...
From that time many of his disciples went back, and walked no more with him. Then said Jesus unto the twelve, 'Will ye also go away?'
Then Simon Peter answered him, 'Lord, to whom shall we go? thou hast the words of eternal life.'"
Jesus' example of being willing to let disbelievers voluntarily depart is in stark contrast with the coercion present in Islamic "ridda" apostasy laws, where Mohammed said:
"Whoever changes his Islamic religion, kill him." (Hadith Sahih al-Bukhari, Vol. 9, No. 57)
Hadith Sahih al-Bukhari, narrated by Abdullah:
"Allah's Apostle said, 'The blood of a Muslim ... cannot be shed except ... in three cases ... the one who reverts from Islam (apostate) and leaves the Muslims.'" (Hadith Sahih al-Bukhari, Vol. 9, Book 83, No. 17)
Hadith Sahih al-Bukhari, narrated by Ikrima, stated:
"Ali burnt some people (hypocrites) ... No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.'" (Hadith Sahih Bukhari, Vol. 4:260, Vol. 9, Book 84, No. 57)
Hadith Sahih al-Bukhari stated:
"The punishment for apostasy (riddah) is well-known in Islamic Sharee'ah. The one who leaves Islam will be asked to repent by the Sharee'ah judge in an Islamic country;
if he does not repent and come back to the true religion, he will be killed as a kafir and apostate, because of the command of the Prophet (peace and blessings of Allah be upon him): 'Whoever changes his religion, kill him.'" (Hadith Sahih al-Bukhari, 3017)
Baptist founder of Rhode Island, Roger Williams, wrote:
"That religion cannot be true which needs such instruments of violence to uphold it."
Jefferson's efforts to disestablish the Anglican Church in Virginia would never have passed had it not been for Methodist Bishop Francis Asbury splitting the popular Methodist movement away from the Anglican Church into its own denomination in 1785, forming the Methodist Episcopal Church.
Francis Asbury also ordained Richard Allen as the first black deacon, and preached the dedication service at Allen's "Mother Bethel" African Methodist Episcopal Church in 1794.
Virginia had notable leaders who resisted "disestablishing" the Anglican, or as it was now called, the Episcopal Church, such as Governor Patrick Henry.
This movement was later termed "anti-disestablishmentarianism."
Virginia built its first Jewish Synagogue, Kahal Kadosh Beth Shalome, in 1789.
Virginia built its first Catholic Church, St. Mary Church, in Alexandria in 1795.
John Leland then helped start Baptist churches in Connecticut--which was a State having the Congregational Church established from its founding in 1639 until 1818.
Baptists in Connecticut formed the Danbury Baptist Association which sent a letter to President Jefferson, October 7, 1801:
"Sir ... 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 ancient (Connecticut) charter, together with the Laws made coincident therewith ... are; that ... what religious privileges we enjoy (as Baptists) ... we enjoy as favors granted, and not as inalienable rights ...
Sir, we are sensible that the President of the united States IS NOT the national Legislator
& 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 Effect already, like the radiant beams of the Sun, will shine & prevail through all these States and all the world till Hierarchy and Tyranny be destroyed from the Earth ..."
In other words, Baptists hoped that Jefferson's sentiments which helped disestablish the Anglican Church in Virginia might also help disestablish the Congregational Church in Connecticut, and likewise influence all other States.
The Danbury Baptist letter to Jefferson continued:
"Sir ... we have reason to believe that America's God has raised you up to fill the chair of State ... May God strengthen you for the arduous task which Providence & the voice of the people have called you ...
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."
Jefferson replied with his famous letter, January 1, 1802, agreeing with the Danbury's Baptists, even repeating sections of their letter almost verbatim:
"Gentlemen ... Believing WITH YOU
--that religion is a matter which lies solely between man and his God,
--that he owes account to none other for faith or his worship,
--that the legislative powers of government reach actions only, and not opinions,
I contemplate with solemn 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 and 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 man to all his natural rights, convinced he has no natural right in opposition to his social duties.
I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man."
Baptists were familiar with Jefferson's metaphor "wall of separation," as the Baptist founder of Rhode Island, Roger Williams, used it in his Bloody Tenet of Persecution for Conscience Sake, 1644:
"Jews under the Old Testament ... and ... Christians under the New Testament ... were both separate from the world;
and that when they have opened a gap in the hedge, or wall of separation, between the garden of the Church and the wilderness of the world, God hath ever broken down the wall itself ...
And that therefore if He will ever please to restore His garden and paradise again, it must of necessity be walled in peculiarly unto Himself from the world."
Jefferson viewed the "wall" as limiting the federal government from "inter-meddling" in church government, as explained in his letter to Samuel Miller, January 23, 1808:
"I consider the government of the United States as interdicted (prohibited) by the Constitution from inter-meddling with religious institutions, their doctrines, discipline, or exercises.
This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the states the powers not delegated to the United States (10th Amendment) ..."
"Certainly no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the General (Federal) government ...
Every religious society has a right to determine for itself the times for these exercises, and the objects proper for them, according to their own particular tenets."
Though Jefferson considered the Federal Government limited from "inter-meddling" with what was under States' jurisdiction, it was not limited from spreading religion in Federal territories, as on April 26, 1802, Jefferson's administration extended a 1787 act of Congress where lands were designated:
"For the sole use of Christian Indians and the Moravian Brethren missionaries for civilizing the Indians and promoting Christianity."
And again, December 3, 1803, during Jefferson's administration, Congress ratified a treaty with the Kaskaskia Indians:
"Whereas the greater part of the said tribe have been baptized and received into the Catholic Church ... the United States will give annually, for seven years, one hundred dollars toward the support of a priest of that religion, who will engage to perform for said tribe the duties of his office, and also to instruct as many of their children as possible ...
And the United States will further give the sum of three hundred dollars, to assist the said tribe in the erection of a church."
When Abigail Adams died, Thomas Jefferson wrote to her husband, John Adams, November 13, 1818:
"The term is not very distant, at which we are to deposit in the same cerement, our sorrows and suffering bodies, and to ascend in essence to an ecstatic meeting with the friends we have loved and lost, and whom we shall still love and never lose again.
God bless you and support you under your heavy affliction."
Twelve years before his death, Jefferson shared his personal views to Miles King, September 26, 1814:
"We have heard it said that there is not a Quaker or a Baptist, a Presbyterian or an Episcopalian, a Catholic or a Protestant in heaven; that on entering that gate, we leave those badges of schism behind ...
Let us be happy in the hope that by these different paths we shall all meet in the end. And that you and I may meet and embrace, is my earnest prayer."
Over time, brilliant legal minds have used Jefferson's words to prohibit Jefferson's beliefs.
Jefferson wrote in the Declaration:
"All men are endowed by their CREATOR ..."
yet in 2005, U.S. District Judge John E. Jones, in Kitzmiller v. Dover Area School District, ruled students could not be taught of a CREATOR: "to preserve the separation of church and state."
Groups used Jefferson's phrase "separation of church and state" to remove national acknowledgments of God, despite Jefferson's warning against that very thing.
Inscribed on the Jefferson Memorial, Washington, DC is Jefferson's warning:
"God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that his justice cannot sleep forever."
Below are listed the quotations shown on the Jefferson Memorial in Washington, D.C. Some of the quotations appear in edited form on the memorial, so when appropriate, we have also included the passages from which the selections were taken, with the quoted excerpts in bold.
1 Inscription under the Dome
2 Panel One
3 Panel Two
3.1 Original Passage
4 Panel Three
4.1 Original Passages
5 Panel Four
5.1 Original Passage
6 Further Sources
Inscription under the Dome
"...I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man." - Jefferson to Dr. Benjamin Rush, September 23, 18001
"We hold these truths to be self-evident: that all men are created equal, that they are endowed by their Creator with certain inalienable rights, among these are life, liberty, and the pursuit of happiness, that to secure these rights governments are instituted among men. We...solemnly publish and declare, that these colonies are and of right ought to be free and independent states...And for the support of this declaration, with a firm reliance on the protection of divine providence, we mutually pledge our lives, our fortunes, and our sacred honor." - The Declaration of Independence2
"Almighty God hath created the mind free. All attempts to influence it by temporal punishments or burthens...are a departure from the plan of the Holy Author of our religion...No man shall be compelled to frequent or support any religious worship or ministry or shall otherwise suffer on account of his religious opinions or belief, but all men shall be free to profess and by argument to maintain, their opinions in matters of religion. I know but one code of morality for men whether acting singly or collectively."
"Well aware that the opinions and belief of men depend not on their own will, but follow involuntarily the evidence proposed to their minds; that Almighty God hath created the mind free, and manifested his supreme will that free it shall remain by making it altogether insusceptible of restraint; that all attempts to influence it by temporal punishments, or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the holy author of our religion..." - "A Bill for Establishing Religious Freedom", Section I3
Jefferson Memorial, Washington, D.C. National Park Service.Jefferson Memorial, Washington, D.C. National Park Service.
"God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that his justice cannot sleep forever. Commerce between master and slave is despotism. Nothing is more certainly written in the book of fate than that these people are to be free. Establish a law for educating the common people. This it is the business of the state and on a general plan."
"But let them [members of the parliament of Great Britain] not think to exclude us from going to other markets, to dispose of those commodities which they cannot use, nor41 to supply those wants which they cannot supply. Still less let it be proposed that our properties within our own territories shall be taxed or regulated by any power on earth but our own. The god who gave us life gave us liberty at the same time: the hand of force may destroy, but cannot disjoin them." - "A Summary View of the Rights of British America"4
"For in a warm climate, no man will labour for himself who can make another labour for him. This is so true, that of the proprietors of slaves a very small proportion indeed are ever seen to labor. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever . . . ." - Notes on the State of Virginia, Query XVIII5
"The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it. . . ." - Notes on the State of Virginia, Query XVIII6
"Nothing is more certainly written in the book of fate than that these people are to be free. Nor is it less certain that the two races, equally free, cannot live in the same government. Nature, habit, opinion has drawn indelible lines of distinction between them." - Jefferson's Autobiography7
"Preach, my dear sir, a crusade against ignorance; establish & improve the law for educating the common people." - Jefferson to George Wythe, August 13, 17868
"It is an axiom in my mind that our liberty can never be safe but in the hands of the people themselves, and that too of the people with a certain degree of instruction. This it is the business of the state to effect, and on a general plan." - Jefferson to George Washington, January 4, 17869
"I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
"I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors." - Jefferson to H. Tompkinson (AKA Samuel Kercheval), July 12, 181610
National Park Service. Thomas Jefferson National Memorial.
Sources in the Thomas Jefferson Portal on the Thomas Jefferson Memorial
1. In PTJ, 32:168. Transcription available in Founders Online.
2. In PTJ, 1:429-33. Transcription available in Founders Online.
3. In PTJ, 2:545-53. Transcription available at Founders Online.
4. In PTJ, 1:135. Transcription available in Founders Online.
5. Notes, ed. Peden, 163. Manuscript available at Massachusetts Historical Society.
6. Notes, ed. Peden, 163. Manuscript available at Massachusetts Historical Society.
7. Jefferson, Autobiography. Transcription available in Founders Online.
8. In PTJ, 10:243. Transcription available in Founders Online.
9. In PTJ, 9:151. Transcription available in Founders Online.
10. In PTJ:RS, 10:226-7. Manuscript available online from the Library of Congress.
An article courtesy of the Thomas Jefferson Encyclopedia.
American Minute with Bill Federer JANUARY 1. Lincoln, Abraham. Jan. 1, 1863, Emancipation Proclamation. James D. Richardson (U.S. Representative from Tennessee), ed., A Compilation of the Messages & Papers of the Presidents 1789-1897, 10 vols. (Washington, D.C.: U.S. Government Printing Office, published by Authority of Congress, 1897, 1899; Washington, D.C.: Bureau of National Literature & Art, 1789-1902, 11 vols., 1907, 1910), Vol. VI, pp. 157-159. Charles W. Eliot, LL.D., ed., American Historical Documents 1000-1904 (NY: P. F. Collier & Son Co., The Harvard Classics, 1910), Vol. 43, pp. 344-346. Henry Steele Commager, ed., Documents of American History, 2 vols. (NY: F.S. Crofts & Co., 1934; Appleton-Century-Crofts, Inc., 1948, 6th edition, 1958; Englewood Cliffs, NJ: Prentice Hall, Inc., 9th edition, 1973), Vol. I, p. 421. Richard D. Heffner, A Documentary History of the United States (NY: The New American Library of World Literature, Inc., 1952), pp. 150-151. John Bartlett, Bartlett's Familiar Quotations (Boston: Little, Brown & Co., 1855, 1980), p. 522. Vincent J. Wilson, ed., The Book of Great American Documents (Brookfield, MD: American History Research Associates, 1987), p. 69. Lincoln, Abraham. September 22, 1862, in commenting to his Cabinet after the massive Confederate Army lost to the Union troops at the Battle at Antietam, just prior to the issuance of the Emancipation Proclamation, as reported by Secretary of the Treasury, Salmon Portland Chase. Frank B. Carpenter, Six Months at the White House (1866), p. 89. William J. Johnson, How Lincoln Prayed (NY: Abingdon Press, 1931), p. 48. Peter Marshall and David Manuel, The Glory of America (Bloomington, MN: Garborg's Heart'N Home, Inc., 1991), 9.22. NOTE: Lincoln issued the Emancipation Proclamation acting in his role as Commander-in-Chief of the military. The Southern States were declared to be in rebellion and therefore war zones. As such the military was in control, and with the President being over the military, his Proclamation had the force of law. Lincoln had no justification for claiming absolute jurisdiction over the Northern States, as they were not considered war zones. The Commander-in-Chief of the military could not arbitrarily make law in the States not 'in rebellion', as the regular legislative process was still in effect. Many thought Lincoln overstepped his Executive power by making "law" through "Proclamation," so after the war was over, Congress passed the 13th Amendment ending slavery throughout the entire country.
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