THE N]':W SCHAFF-HERZOG
twocn Church and State resulting from self-government on the part of the Church offer no difficulty. From a practical point of view the question might be raised: Has the Evangelical Church in Germany the strength and vitality to maintain itself without the support of the strong arm of the State? It should be remembered, however, that it has been just this antiquated system of state government for the Church that has made such a question jiiissible. A people is educated by its institutions; and in this respect the Evangelical population of Germany has been badly educated. If the Evangelical Church is now without confidence in itself this condition of affairs is due to centuries of state domination over the Church. It may be admitted that independence for the Church would involve a difficult period of transition, but it is assumed that the State would continue to aid the Church until the Church had become self-supporting. For the relations between Church and State in different countries see the articles upon the countries and states. See also the numerous related articles, such as Church, the Christian; Church Goverx-ment; Jurisdiction, Ecclesiastical; Polity; and Religious Corporations. (Otto Mayer.)
II. The United States : The relations of the religious and political institutions in the United States differ radically from those found elsewhere in Christendom, and need to be considered separately. The American people are without an ecclesiastical establishment provided by organic law. The popular description of this condition is that there is "a c mplete separation of Church and State in the United States." While this phrase holds the kernel of a truth, it does not fairly express that truth. The fact of the political separation is unduly emphasized, while the real connection between the two institutions is overlooked.
At the time of the settlement of this country it was universally regarded as a normal function of the civil power to see to it that all 1. Philo- subjects, in theory at least, sustained
sophical some definite ecclesiastical relation; Back- and the aggregate of such relations as
ground. had the sanction and support of the civil power constituted an ecclciastical establishment. American political philosophy as it developed through the colonial and early national periods preserved the concept that the civil power is charged with a duty in respect to the religious affairs of the people, that it has an ecclesiastical function to perform; and it developed this concept to the effect that it is a normal function of the civil powers to make it politically possible and legally convenient for all the people to sustain voluntary ecclesiastical relations, or to sustain none at all. T'nder the American political system all ecclesiastical relations must be voluntary, must be without political penalty, and must be legal; but the demand upon the civil government as the physically dominant institution of society to realize the.e conditions is as great as it t^ver was to |)rofect a state church. This obligation of American ei\-il governments is imw confirmed by a public opinion which has been gaining strength through four generations and is now generally aecei)tcd
without controversy. It is now expressed in a series of guaranties and limitations contained in the organic law of the several commonwealths, in a well-developed system of statute legislation providing definite legal procedure covering many ecclesiasti<'al relations, and in a body of notable judicial decisions rendered by the civil courts of last resort defining under ever changing circumstances what shall be the relation of Church and State.
Historically, this development has been as follows: At the outbreak of the American Revolution the colonies were divided ecclesiastically 2. Colonial into three groups. In one group, con- Period, sisting of New York, New Jersey,- Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, the direct establishment of the communion of the Church of England, without, however, a resident episcopacy, was more or less complete in law. In a second group, consisting of Massachusetts, New Hampshire, and Connecticut, the congregational form of ecclesiastical organization on the basis of the territorial parish was established in law and in fact. In a third group, consisting of Rhode Island and Pennsylvania, no ecclesiastical establishment had been developed either in law or in fact. Wherever there was an establishment, what may be described as the civil church law was largely political and administrative in its character. As a result of political revolution the direct establishments by royal authority were nullified in law and degraded in popular estimation. The indirect establishments in the New England commonwealths, inasmuch as they were based upon provincial legislation and local administration, remained undisturbed for some years. There remained, however, as survivals of the direct establishments a number of incorporated parishes in New York and Virginia and a few in other states. As the remains of a stiU earlier establishment in New York, there were several incorporated Reformed Dutch churches which had received special protection by the terms of the Treaty of Breda (1664). During all the colonial period dissent had resisted the legal church estabhshments, especially the system of taxation for their support ; and after the overthrow of British sovereignty a demand developed for a divorcement of pohtical and ecclesiastical affairs. An illustration of the sentiment prevailing at the close of the Revolution is to be found in an act of the Assembly of Virginia of the year 1785, the preamble of which declares that " to suffer this civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on the supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious libertj'," and that " it is time enough for the rightful purposes of civil government for its officials to interfere v.hen principles break out into overt acts against peace and good order."
At the formation of the Federal government religious liberty was secured to the people of the United States, as far as the action of Congress was concorned, by provision of the Constitution (art. iv., chap. and the first amendment). It will be seen that both of these provisions are limitations upon the
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