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“A Great Religious Octopus”: Church and State at Virginia's Constitutional Convention, 1901–19021

Published online by Cambridge University Press:  28 July 2009

Thomas E. Buckley S.J.
Affiliation:
Thomas E. Buckley, S.J., is a professor of American religious history at the Jesuit School of Theology at Berkele.

Extract

A hundred years ago Virginia drafted a new state constitution designed to disfranchise African American voters. That objective was transparent from the outset of the convention. As John Goode, the presiding officer, assumed his seat, he called black suffrage “a great crime against civilization and Christianity.” At the age of seventy-two, Goode was the grand old man of the convention. A graduate of the University of Virginia and life-long Democrat, he had served in the state legislature, the Secession Convention of 1861, the Confederate legislature, and the U.S. House of Representatives before his appointment as Solicitor General of the United States in 1885. Goode reflected the mentality of the vast majority of convention delegates when he stated that African Americans were incapable of education or citizenship. “The omniscient Ruler of the Universe … made [them] inferior,” he proclaimed, and sometime in the future, when the North knew better, the Fifteenth Amendment would be repealed.

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Articles
Copyright
Copyright © American Society of Church History 2003

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References

2. Goode, John, Recollections of a Lifetime by John Goode of Virginia (New York: Neale, 1906), 209Google Scholar. Goode's autobiography is an excellent, if chilling, source for white attitudes toward race in the early-twentieth-century South. The standard history of the convention is Clipman McDanel, Ralph, The Virginia Constitutional Convention of 1901–1902 (Baltimore, Md.: Johns Hopkins University Press, 1928)Google Scholar. See also Moger, Allen W., Virginia: Bourbonism to Byrd, 1870–1925 (Charlottesville: University Press of Virginia, 1968), 181202Google Scholar; Holt, Wythe W. Jr. “The Virginia Constitutional Convention of 1901–1902: A Reform Movement Which Lacked Substance,” Virginia Magazine of History and Biography [hereafter VMHB] 76 (1968): 67102Google Scholar; and “Virginia's Constitutional Convention of 1901–02,” (Ph.D. diss., University of Virginia, 1979)Google Scholar. For Goode, see Brenaman, Jacob N., A History of Virginia Conventions (Richmond: J. L. Hill, 1902), 99Google Scholar. The best study of southern disfranchisement is Perman, Michael, Struggle for Mastery: Disfranchisement in the South, 1888–1908 (Chapel Hill: University of North Carolina Press, 2001)Google Scholar. For the process in Virginia, see ibid., 195–223.

3. See Table 1.

4. McIlwaine, Richard, Memories of Three Score Years and Ten (New York: Neale, 1908), 364Google Scholar. A solid introduction to southern religion for this period is Bailey, Kenneth K., Southern White Protestantism in the Twentieth Century (New York: Harper and Row, 1964)Google Scholar. For the religious background of the delegates, see Table 2. At this time even people who were not formal church members by baptism or admission to communion regularly attended religious services. For the importance of religion for culture, see Geertz, Clifford, “Religion as a Cultural System,” in The Interpretation of Cultures: Selected Essays (New York: Basic Books, 1973), 8990Google Scholar. For a critique of Geertz, see Pals, Daniel L., Seven Theories of Religion (New York: Oxford University Press, 1996), 233–67Google Scholar. See also Hackett Fischer, David, Albion's Seed: Four British Folkways in America (New York: Oxford University Press, 1989), 795.Google Scholar

5. For an early expression of this perspective in a legislative debate and its overwhelming acceptance, see Journal of the House of Delegates of Virginia [hereafter JHDV], 2 February 1827, 132–33.

6. The text of the Statute is in Boyd, Julian P., ed., The Papers of Thomas Jefferson, 27 vols. to date (Princeton, N.J.: Princeton University Press, 1950–), 2:545–53Google Scholar. For its passage, see Buckley, Thomas E. S.J., Church and State in Revolutionary Virginia, 1776–1787 (Charlottesville: University Press of Virginia, 1977)Google Scholar; and Isaac, Rhys, The Transformation of Virginia, 1740–1790 (Chapel Hill: University of North Carolina Press, 1982), 273–95. Everson v. Board of Education, 330 U.S. (1947) at 1. Earlier Chief Justice Morrison Waite emphasized Virginia's experience in passing the statute and Madison's and Jefferson's views as normative for interpreting the First Amendment (Reynolds v. United States, 98 U.S. [1878] at 164).Google Scholar

7. A useful if dated study of one aspect of the Statute's understanding may be found in Bell, Sadie, The Church, the State, and Education in Virginia (Philadelphia, Penn.: reprint, Arno, 1969)Google Scholar. Cushing Stout refers to Virginia in his overview of the Statute's influence in American history, “Jeffersonian Religious Liberty and American Pluralism,” in Peterson, Merrill D. and Vaughan, Robert C., eds., The Virginia Statute for Religious Freedom: Its Evolution and Consequences in American History (Cambridge: Cambridge University Press, 1988), 201–35Google Scholar. Aspects of Virginia law on church and state are summarized in Kauper, Paul G. and Ellis, Stephen C., “Religious Corporations and the Law,” Michigan Law Review 71 (1973): 1529–33, 1558–60, 1565–66.CrossRefGoogle Scholar

8. Scheiber, Harry N. urged the integration of legal and constitutional study within a social history context in “American Constitutional History and the New Legal History: Complementary Themes in Two Modes,” Journal of American History 68 (1981): 337–50CrossRefGoogle Scholar; for this reading of texts, see Scott, Joan W., “The Evidence of Experience,” Critical Inquiry 17 (1991): 773–97.CrossRefGoogle Scholar

9. [John Garland Pollard] to John Thompson Brown, 12 June 1902, John Garland Pollard Papers, box 6, folder 155, Earl Gregg Swem Library, the College of William and Mary, Williamsburg, Va. [hereafter WMC]; Hening, William Waller, ed., The Statutes at Large: Being a Collection of All the Laws of Virginia from the First Session of the Legislature in the Year 1619 (Richmond: Samuel Pleasants Jr., 18091823), 9:111–12Google Scholar. For its passage, see Buckley, , Church and State, 1719.Google Scholar

10. Unidentified newspaper [April 1901], Pollard Papers, box 6, folder 155; “State Constitutions Compared. As to Their Two Departments,” The Times [Richmond], 22 July 1900. For Pollard's background and political career, see Honeywell, John S., “An Outsider Looking In: John Garland Pollard and Machine Politics in Twentieth Century Virginia,” (Ph.D. diss., University of Virginia, 1976).Google Scholar

11. John Garland Pollard to John L. Williams, 12 July 1901, Pollard Papers, box 6, folder 155.

12. “A Warm Reply by Mr. Pollard,” Richmond Evening Leader [1901]; Louis C. Phillips to John Garland Pollard, 19 July 1901, Pollard Papers, box 6, folder 155.

13. George W. Spooner to John Garland Pollard, [19 June 1901]; John Garland Pollard to George W. Spooner, 19 June 1901, Pollard Papers, box 6, folder 155.

14. Berman, Myron, Richmond Jewry, 1769–1975: Sabbat in Shockoe (Charlottesville: University Press of Virginia, 1979), 241–50Google Scholar; Shepherd, Samuel C. Jr., Avenues of Faith: Shaping the Urban Religious Culture of Richmond, Virginia, 1900–1929 (Tuscaloosa: The University of Alabama Press, 2001), 45, 202–5; Myron Berman, “Edward Nathan Calisch, An American Rabbi in the South. His Views on the ‘Promised Land,’” unpublished paper read at the 70th Annual Meeting of the American Jewish Historical Society held in Richmond, Virginia on 5–7 May, 1972, box 1, Edward N. Calisch Papers, Archives of Beth Ahaba, Richmond, Virginia. Twice in the 1890s Calisch opened Beth Ahaba to Baptist congregations whose churches had burned down. In 1899 an editorial in Richmond's Evening Leader praised his contribution to the city's “religious fellowship” (“Rabbi's Offer of the Synagogue,” Richmond News, 22 October 1900; Charles O. Saville to Edward N. Calisch, 2 February 1896; Evening Leader [Richmond], 5 May 1899, Calisch Papers, box 2).Google Scholar

15. Calisch, Edward N., “The Democracy of the Public Schools,” Virginia School Journal 6 (1897): 152, 153Google Scholar. For samples of school prayers, see “Exercises for Opening School,” ibid. 1 (1892): 9.

16. Edward N. Calisch to John Garland Pollard, 19 July 1901, Pollard Papers, box 6, folder 155. See also J. Manning Dunaway to John Garland Pollard, 20 July 1901; A. Leo Obedorfer to John Garland Pollard, 20 July 1901, ibid.

17. Edward Calisch to John Garland Pollard, 22 July 1901, Pollard Papers, box 6, folder 155.

18. “It is Now Decided,” Richmond Dispatch, 20 July 1901, Hugh V. Campbell to John Garland Pollard, 20 July 1901; and Calisch to Pollard, 22 July 1901, Pollard Papers, box 6, folder 155. For Trinity Methodist, see Shepherd, , Avenues of Faith, 41Google Scholar; and for M. Ashby Jones, ibid., 219, 220, 261, 294. The convention ultimately “proclaimed” the constitution rather than submit it for ratification by the state's voters.

19. Lindsay, James H., Report of the Proceedings and Debates of the Constitutional Convention, State of Virginia. Held in the City of Richmond June 12, 1901 to June 26, 1902 (Richmond: Hermitage, 1906), 328–30 [hereafter Debates].Google Scholar

20. Calisch to Pollard, 18 September 1901, Pollard Papers, box 6, folder 155. Calisch's judgment may not seem excessively harsh when one considers the speech that followed Pollard's by Joseph Wysor, a Democrat from Southwest Virginia. He announced that he would vote to retain “Christian” in the Bill of Rights “[b]ecause Christianity redeems womanhood, which made us all we are and all we expect to be” (Debates, 330).

21. “Minutes of Meetings of Committee on Legislation.” Convention of 1901–1902, Committee on Legislative Dept., 21 June 1901, 14–15, Library of Virginia, Richmond, Va. [hereafter LVA].

22. Acts of Assembly, 1851–1852, 332. For this legal struggle, see Buckley, Thomas E., S.J., “After Disestablishment: Thomas Jefferson's Wall of Separation in Antebellum Virginia,” Journal of Southern History 61 (1995): 445–80.CrossRefGoogle Scholar

23. [Kerr, Robert P. to Thorn, Alfred P.], quoted in Debates, 776; “Minutes of Committee on Legislation,” 21 July 1901, 107, LVA.Google Scholar

24. “Minutes of Committee on Legislation,” 23, 30 July 1901, 16–17, 108, LVA; Debates, 761–62, 774. For Moore, see Brenaman, , Virginia Conventions, 101.Google Scholar

25. Debates, 761–62. For Dunaway, see Religious Herald [Richmond], 6 July 1916; Richmond Times, 12 June 1916. For this concern in the postbellum era from an important Presbyterian clergyman and professor, see [Lewis Dabney, Robert], “Ecclesiastical Accumulations of Wealth,” in Southern Review 11 (1872): 417–37.Google Scholar

26. Debates, 733–44; quotes at 733, 734, 738, and 744. A sketch of Robertson's life is in Staples, Abram P., “William Gordon Robertson,” in Minor, John B., ed., Report of the Twenty-Second Annual Meeting of the Virginia State Bar Association, 33 (1910): 100109.Google Scholar

27. Debates, 744–55; quotes on 744, 750, 751, 753, 754. For the background to Dunaway's (and Plumer's) historical interpretation of the medieval church, see Barnett, S. J., Idol Temples and Crafty Priests: The Origins of Enlightenment Antidericalism (New York: St. Martins, 1999).CrossRefGoogle Scholar

28. Debates, 755–59; quotations on 755, 756, 759.

29. Debates, 759–67; quote on 766. For Stebbins, see Tyler, Lyon G., ed., Encyclopedia of Virginia Biography (New York: Lewis Historical, 1915), 4:380–84Google Scholar; for Glass, see Tyler, , ed., Encyclopedia, 1:311–15Google Scholar; and Wilson, Harold, “The Role of Carter Glass in the Disfranchisement of the Virginia Negro,” The Historian 32 (1969): 6982CrossRefGoogle Scholar. For the French policy, see Gould, Andrew C., Origins of Liberal Dominance: State, Church, and Party in Nineteenth-Century Europe (Ann Arbor: University of Michigan Press, 1999).CrossRefGoogle Scholar

30. Debates, 767–71; quotes on 767, 768, and 771.

31. Debates, 771–82; quotes on 775–76, 778, 779, 781.

32. “Minutes of Committee on Legislation,” 28 June 1901, 16–17, LVA; Resolutions, Ordinances and Petitions [Submitted to the Constitutional Convention of Virginia in 1901–1902], [Richmond, 1901], Virginia Historical Society, Richmond [hereafter VHS].

33. Journal of Common Council, City of Richmond, 12 November 1866, 29 January, 11 November, 30 December 1967, 5 January, 14 December 1868, 29 December, 1869, 10 January, 16, 30 May, 7 June, 1870, 18, 50, 51, 184, 207–8, 283, 346, 502, 536, 618, 62, 626. Constitution and Rules and Regulations of St. Paul's Church Home, Richmond, Va. (Richmond: Clemmit and Jones, 1870), 4; After One Hundred Years, 1834–1934: Being the Story of Saint Joseph's Academy and Orphan Asylum Told in a Series of Sketches (Richmond: privately printed, [1934]), 9–13; Fogarty, Gerald P., S.J., Commonwealth Catholicism: A History of the Catholic Church in Virginia (Notre Dame, Ind.: University of Notre Dame Press, 2001), 164–76Google Scholar. For an antebellum tribute to the Sisters of Charity, see “Old Maids,” Southern Literary Messenger 3 (1837): 473–74Google Scholar. Annual Reports of the City Departments of Richmond, Va. for the Year ending January 31st, 1873 (Richmond: Evening News Steam Presses, 1873), 160Google Scholar; Rutherford Lower, Ann, Sheltering Arms Hospital: A Centennial History (1889–1989) (Richmond: William Byrd, 1989), 73Google Scholar; Fogarty, , Commonwealth Catholicism, 230–31; Retreat for the Sick, Broadside, VHS; Sheltering Arms Hospital, 1894–1914, summary notes from minutes (typescript), VHS.Google Scholar

34. Audriot, Donna, Population Abstract of the United States. 1993 edition (McLean, Va.: Documents Index, [1993]), 690–91Google Scholar; Certain Resolutions and Ordinances of the Council of the City of Richmond for the Years Commencing with … 1898, and ending with … 1900 (Richmond: Ware and Duke, 1900), 140; Debates, 796.Google Scholar

35. Curry, J. L. M., “Pauperism—Sectarian Appropriations—Public Schools,” Religious Herald (Richmond), 27 05 1878.Google Scholar

36. The controversy is reprinted in James, Charles F., Documentary History of the Struggle for Religious Liberty in Virginia (Lynchburg, Va.: J. P. Bell, 1900), appendix, 241–55Google Scholar. For Henry's reply, see Wirt Henry, William, “The Presbyterian Church and Religious Liberty in Virginia,” Union Seminary Magazine 12 (19001901): 1631.Google Scholar

37. Minutes of the 118th Annual Session of the Dover Baptist Association, held with the Leigh-Street Baptist Church, of Richmond, Virginia, July 23, 24, 25, 1901 (Richmond, 1901), 25.Google Scholar

38. The Religious Herald, 5 September 1901.

39. “Minutes of Committee on Legislation,” 2, 18, 21 July 1901, 102, 106, 107, LVA; Journal of the Constitutional Convention of Virginia. Held in the City of Richmond, Beginning June 12th, 1901 (Richmond: J. H. O'Bannon, 1901), 22, 30, 31 August, 2, 3, 4, 5, 10, 11, 13, 23, September, 7 October 1901, 148, 149, 150, 151, 152, 153, 155, 158, 161, 163, 166, 181, 198; “Resolved, That the Methodist ministers,” 31 August 1901, Resolutions, Ordinances and Petitions, VHS.Google Scholar

40. “Declaration of Principles,” The Virginia Courier (Petersburg), 1 June 1896; “A Big Day in the Valley, ibid., 1 March 1901; Kimball, Greg D., “The Working People of Richmond: Life and Labor in an Industrial City, 1865–1920,” Labor's Heritage, 3 (1991): 42.Google Scholar

41. Richmond and Manchester City Directory, 1901, 1321; Virginia Courier, 15 August 1901; Richmond Dispatch, 13 October 1901; Journal of the Convention, 23, 24, 26, 27 September, 1, 2, 3, 4, 11 October, 8, 9 November, 3 December 1901, 181, 183, 185, 186, 190, 192, 193, 195, 204, 231, 233, 258.

42. Debates, 794.

43. Ibid., 793, 795. Dunaway pointed out that the resolution had two parts. The first was directed against appropriations for sectarian institutions. The second opposed funding in whole or in part any institution that the state did not completely own and control. Recognizing the great concern over support for the College of William and Mary, Dunaway suggested that each part be treated separately and expressed a personal indifference toward the second (ibid., 797).

44. Rabbi Calisch would have agreed with Dunaway. At the beginning of the century, a New Jersey judge had refused to allow the testimony of a Chinese non-Christian on the grounds that he could not take a Christian oath. In a newspaper article, Calisch castigated that decision and interpreted the First Amendment to state that “Congress, (and consequently any individual state, for no state has powers superior to the United States) shall make no law.” It also violated the Fourteenth Amendment that safeguarded “an equal right to the protection and the benefits of the law.” (E[dward] N[athan] C[alisch], “An Unrighteous Decision,” unidentified newspaper clipping, unnumbered Miscellaneous Box, Calisch Papers). In the same article, the rabbi explained the basis for his concern with a possible reference to the dispute over the wording of the sixteenth article of the Bill of Rights at the Virginia convention: “We Jews are interested in this, both as citizens and as Jews. We have been constantly fighting the purblind fanaticism that is seeking to place sectarian recognition in the constitution, in the public schools and wherever else it can” (ibid.).

45. Debates, 801; Bradford v. Roberts 175 U.S. (1899) at 291; Nichols, J. Bruce, The Uneasy Alliance: Religion, Refugee Work, and U.S. Foreign Policy (New York: Oxford University Press, 1988), 216–17.Google Scholar

46. Debates, 803.

47. Debates, 805, 806; “Yesterday's Proceedings,” Dispatch, 16 October 1901.

48. Lamb, Brockenbrough, “Charles V. Meredith,” Proceedings of the Forty-First Annual Meeting. The Virginia State Bar Association … 1930 ([Richmond: Virginia Bar Association, 1930]), 245–52; Debates, 812.Google Scholar

49. Debates, 806, 807.

50. Debates, 808, 809.

51. Debates, 815; for Turnbull, see Brenaman, , Virginia Conventions, 103.Google Scholar

52. Debates, 815, 816, 818. The final vote was 42 to 15. As Dunaway had suggested, the second part of the resolution, which banned aid to institutions not completely owned by the government, went down to defeat, 24 to 30.

53. Board of Alderman Journal, 1902–1903, 9 December 1902, 15 January, 1903, 145, 158–59, Archives, Richmond Public Library; “A Bill to Authorize … Appropriations to Charitable institutions or associations,” Bill 155, Rough House Bills, Resolutions, etc., 1902–1904, box 62, LVA; Journal of the Senate of Virginia [hereafter JSV], 14, 15 January 1903, 158, 162, microfilm, LVA; “Local Charities,” Richmond Times, 16 January 1903.

54. JHDV, 15 January, 2, 3 February, 3, 4, 10, 11, 13, 17 March 1903, 198, 271, 176, 409, 419, 452, 460, 477, 491; JSV, 16 March 1903, 336. For the involvement of Protestant churches in social work after 1902, see Shepherd, , Avenues of Faith, 137–67Google Scholar. See also, James, Arthur W., Virginia's Social Awakening: The Contribution of Dr. Mastin and the Board of Charities and Corrections (Richmond: Garrett and Massie, 1942).Google Scholar

55. In 1900 the urban population of Virginia numbered 340,000 out of 1.85 million people or 18 percent (U.S. Bureau of the Census, Historical Statistics of the United States, I [Washington, D.C.: Government Printing Office, 1976], 36)Google Scholar. A fine essay that discusses rural-urban relationships in the antebellum period and argues for continuity after the Civil War is Goldfield, David, “Urban-Rural Relations in Old Virginia,” in Region, Race, and Cities: Interpreting the Urban South (Baton Rouge: Louisiana University Press, 1997): 6986.Google Scholar

56. Dain, Norman, Disordered Minds: The First Century of Eastern State Hospital in Williamsburg, Virginia, 1766–1866 (Williamsburg: Colonial Williamsburg Foundation, distributed by University Press of Virginia, 1971)Google Scholar; and Keve, Paul W., The History of Corrections in Virginia (Charlottesville: University Press of Virginia, 1986)Google Scholar are useful studies. The history of the struggle for public education in Virginia remains to be written but see Buck, J. L. Blair, The Development of Public Schools in Virginia, 1607–1952 (Richmond: Virginia State Board of Education, 1952)Google Scholar; Griffin, Barbara J., “Thomas Ritchie and the Founding of the Richmond Lancasterian School,” VMHB 86 (1978): 447–60Google Scholar; Egerton, Douglas R., “To the Tombs of the Capulets: Charles Fenton Mercer and Public Education in Virginia, 1816–1817,” VMHB 93 (1985): 155–74Google Scholar; Hunt, Thomas C., “Popular Education in Nineteenth-Century Virginia: The Efforts of Charles Fenton Mercer,” Paedagogica Historica 21 (1981): 337–46CrossRefGoogle Scholar; and “Henry Ruffner and the Struggle for Public Schools in Antebellum Virginia,” American Presbyterians 64 (1986): 1826Google Scholar; and Leonard Hellenbrand, Harold, “The Unfinished Revolution: Education and Community in the Thought of Thomas Jefferson,” (Ph.D. diss., Stanford University, 1980).Google Scholar

57. Beeman, Richard R., The Evolution of the Southern Backcountiy: A Case Study of Lunenburg County, Virginia, 1746–1832, (Philadelphia: University of Pennsylvania Press, 1984), 218, 225, 226.Google Scholar

58. See Shalhope, Robert E., John Taylor of Caroline: Pastoral Republican (Columbia: University of South Carolina Press, 1980)Google Scholar; and Dawidoff, Robert, The Education of John Randolph (New York: W. W. Norton, 1979)Google Scholar. For the decline of Jefferson's influence in his native state, see Cunningham, Noble E. Jr. In Pursuit of Reason: The Life of Thomas Jefferson (Baton Rouge: Louisiana State University Press, 1987), 348Google Scholar; Jordan, Daniel P., Political Leadership in Jefferson's Virginia (Charlottesville: University Press of Virginia, 1983), 205–24Google Scholar; and Malone, Kathryn, “The Fate of Revolutionary Republicanism in Early National Virginia,” Journal of the Early Republic 7 (1987): 2751.CrossRefGoogle Scholar

59. For Richmond's prejudice against Jews and Catholics in the early twentieth century, see Shepherd, , Avenues of Faith, 204–5, 206–11Google Scholar. A perceptive analysis of Protestant-Jewish relations in the South generally is in Goldfield, David, “Jews, Blacks, and Southern Whites, in Region, Race, and Cities, 145–62.Google Scholar

60. Debates, 2683, 2686; Cash, W. J., The Mind of the South (New York: Vintage Books, 1941), 341–43.Google Scholar

61. Debates, 751. See also ibid, 792.

62. Debates, 2687–92, quotes at 2692. For an excellent study of religious tax exemption, see Witte, John Jr., Religion and the American Constitutional Experiment: Essential Rights and liberties (Boulder, Colo.: Westview, 2000), 185215.Google Scholar