June 5, 1774
William Whitsitt "Life and Times of Judge Caleb Wallace", Filson Club Publications Number Four, 1888) in introducing a reprint of the 1776 "Memorial of the Hanover Presbytery", declared the "Memorial" to have been "the second formal deliverance" (Pg. 47, '"In the Presbyterian Ministry." Following is that first "formal deliverance" in the form of a"Petition" dated 5 June, 1774, and signed by David Rice and Caleb Wallace. It appears to be in Caleb's hand and is likely his composition; the detailed religious references and quotations, and particular singling-out of the importance of education, suggest the hand of Rev. Rice. Caleb also became involved, under direction of his Presbytery, in the establishment of "academies", which involvement planted the seeds of his championing of education which culminated in his later design of the land-grant based Kentucky academy system. A digital image of the original document which is preserved (as of 28 March, 2009) in the Library of Congress may be accessed through this link.
Such petitions were numerous in this late colonial and revolutionary period when the concept of representative government was taken quite seriously and literally as an obligation upon elected officials; these documents had, by the time this one appeared, taken a highly consistent format, pattern of expression and structure as represented below.
The original of this digitized document, at the time it was photographed, had undergone considerable damage, with sections of paper containing writing torn and tattered, and portions, especially in folds of paper, so smeared as to be no longer legible; however,
the document had also been rediscovered, according to Whitsitt (Life and Times of Judge Caleb Wallace”, pg. 34), by Col. William Wirt Henry, a descendant of, and biographer of, Patrick Henry, and was reprinted in the Central Presbyterian of Richmond, published 16 May, 1888.
The transcription below (with some adjustments as could be still be read in the original) is from the text as reprinted in Life and Times, beginning on pg. 34.
“To the honorable the Speaker, and the Gentlemen of the House of Burgesses,
The Petition of the Presbytery of Hanover, in behalf of themselves, and all the Presbyterians in Virginia in particular; and all Protestant Dissenters in general, Humbly Sheweth, That upon application made by the rev.d M.r James Anderson in behalf of the Synod of Philadelphia, the Honourable Governour Gooch with the advice of the Council, did, in the year 1738, or about that time, for the encouragement of all Presbyterians who might incline to settle in the Colony, grant an Instrument of writing under the seal of the Colony, containing the most ample assurances that they should enjoy the full and free exercise of ^their religion, and all the other privileges of good subjects. Relying upon this express Stipulation, as well as upon the Justice and catholic spirit of the whole Legislative body, several thousand families of Presbyterians have removed from the northern province into the frontiers of this colony; exposed themselves to a cruel and savage enemy, and all the other toils and dangers of settling a new Country, and soon became a Barrier to the former inhabitants who were settled in the more commodious parts of the Colony. Ever since that time we have been considered and treated upon an equal footing with our fellow subjects, nor have our ministers or people been impeded in their religious privileges by any law of the Colony. Your humble petitioners further show, that with gratitude they acknowledge the Catholic design of our late honourable Assembly to secure by law the religious liberties of all protestant Dissenters in the Colony; accordingly they did in the year 1772 prepare and print a Toleration Bill; but as the Subject was deeply interesting it was generously left open for amendment. But notwithstanding we are fully persuaded of the Catholic and generous design of our late representatives; Yet we are deeply sensible that some things in the above named printed Bill will be very grevious and burdensome to us if passed into law. Therefore we humbly and earnestly pray that the said Bill may not be established without such alterations and amendments as will render it more agreeable to the principles of impartial liberty and sound policy, which we presume were the valuable ends for which it was (strike-out)xxxxxxxxx first intended. Therefore we humbly beg leave, while we are making the prayer of our petition in a more particular way, to lay before this honourable house in the most respectful manner, a few remarks upon the Bill.
The Preamble is agreeable to what we desire; only we pray that the Preamble and every other part of the Bill may be so expressed as will be most likely to obtain the royal assent.
We are also willing that all our Clergymen should be required to take the oaths of allegiance, etc., usually taken by civil officers, and to declare their belief in the Holy Scriptures.
Likewise, as is required in the said Bill, we shall willingly have all our churches and stated places for public worship registered, if this honourable house shall think proper to grant it. But every minister of the gospel is under indispensable obligations to follow the Example of our blessed Saviour ‘who went about doing good’, and the Example of his Apostles who not only ‘taught in the Temple, but in every house where they came they ceased not to teach and preach Jesus Christ’; From which, and their constant practice of traveling into every quarter of the world, we humbly trust that it will appear to this assembly that we cannot consistent with the duties of our office wholly confine our ministrations to any place or number of places; and to be limitted by law would be the more grevious, because in many parts of this Colony even where the majority of the inhabitants are Presbyterians, it is not, and perhaps it may not, in any short time be easy to determine where it would be to the most expedient to fix upon a stated place for public worship; and indeed where we have houses for worship already built, generally the bounds of our Congregations are so very extensive, that many of our people, especially women, children and Servants are not able to attend by reason of the distance, which makes it our duty as faithful ministers of Christ to double our diligence, and frequently to Lecture and Catechize in the remote corners of our Congregations. This restriction would also be very grevious to us in many other respects; we only beg leave to add ^that the number of provinces Presbyterians in this Colony is now very great and their number of Clergymen but small; therefore we are obliged frequently to itinerate and preach through various parts of the Colony, that our people may have an opportunity to worship God and receive the Sacraments in the way agreeable to their own Consciences. As to our having meetings for public worship in the night, it is not in frequent practice among our churches; yet sometimes we find it expedient to attend night meetings, that a neighborhood may hear a Sermon or a Lecture, or be catechized, without being much interrupted in their daily labour: And so long as our fellow subjects are permitted to meet together by day or by night, for the purposes of business or diversion, we hope we shall not be restrained from meeting together as opportunity serves us, upon business of all others the most important; especially if it be considered that the Apostles held frequent societies by night, and once St. Paul continued his speech till midnight; accordingly it is well known that in cities and collegiate churches evening prayers and lectures have long been esteemed lawful and profitable exercises. As to any bad influence this practice may have upon Servants or any others, it is sufficient to say that there is nothing in our principles or way of worship that tends to promote a spirit of disobedience or disorder, but much to the contrary; and if any person shall be detected in doing or teaching anything criminal in this repect, we assume he is liable to punishment by a law already in being; Therefore we pray that no dissenting minister qualified according to law may be subject to any penalty for preaching or Teaching at any time or in any place in this Colony.
We confess it is easy for us to keep open doors in time of divine service, except in case of a storm or other inclemencies of the weather; yet we would humbly represent that such a requirement implies a Suspicion of our Loyalty and would fix a Stigma upon us to after ages, such as we presume our honourable representatives will not judge that we have any how incurred; therefore we pray that this clause may also be removed from the Bill.
And as to baptizing or receiving servants into our Communion, we have always anxiously desired to do it with the permission of their masters but when a servant appears to be a true penitant and makes profession of his faith in Christ, upon his desire it is our indispensable duty to admit him into our Church, and if he has never been baptized, we are to baptize him according to the command of Christ, - ‘Go ye therefore and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost; teaching them to observe all things whatsoever I have commanded you, and lo I am with you alway even unto the end of the world. Amen.’ And we are so confidently persuaded of the liberal sentiments of this house, that in obeying the laws of Christ, we shall never be reduced to the necessity of disobeying the Laws of our Country.
And we also, having abundant reason to hope that we shall be indulged in every other thing that may appear reasonable, your Petitioners further pray. (Page ends there)
For liberty and protection in the discharge of all the functions and duties of our Office as ministers of the Gospel; and that the penalties to be inflicted on those who may disturb any of our congregations in the time of divine service, or misuse the Preacher, be the same as on those who disturb the congregations, or misuse the preachers of the Church of England; and that the dissenting Clergy, as well as the Clergy of the established Church, be excused from all burdensome offices; All which we conceive is granted in the English Toleration Act.
And we pray for that freedom in speaking and writing upon religious Subjects, which is allowed by law to every member of the British Empire in civil affairs, and which has long been so friendly to the Cause of Liberty.
And we also pray for a right by law to hold estates, and enjoy donations and legacies for the support of our churches xxxx(strike-out) and schools for the instruction of our youth. Though this is not expressed in the English Act of Toleration, yet the greatest Lawyers in England have pled, and the best Judges have determined, that it is manifestly implied.
Finally, we pray that nothing in the Act of Toleration may be so expressed as to render us Suspicious or odious to our Countrymen, with whom we desire to live in peace and friendship; but that all misdemeanours committed by dissenters may be punished by laws equally binding upon all our fellow subjects, without any regard to their religious Tenets. Or if any non-compliance with the Conditions of the Act of Toleration, shalll be judged to deserve punishment, we pray that the Crime may be accurately defined, and the penalty ascertained by the Legislature; And that neither be left to the discreation of any magistrate, or court whatsoever.
May it please this Honourable, ^Assembly there are some other things which we omit, because they are less essential to the rights of conscience, and the interest of our Church; we trust that we petition for nothing but what justice says ought to be ours; for as ample priviledges as any of our fellow subjects enjoy, ‘To have and enjoy the full and free exercise of our Religion, without molestation or danger of incurring any penalty whatsoever.’ We are petitioning in favour of a Church that is neither contemptible nor obscure: It prevails in every province to the Northward of Maryland, and its advocates in all the more Southern provinces are numerous and respectable; The greatest Monarch in the North of Europe adorns it; It is the established religion of the populous and wealthy states of Holand; It prevails in the wise and happy cantons of Switzerland; And it is the possession of Geneva, a State among the foremost of those, who at the Reformation emancipated themselves from the Slavery of Rome. And some of the first geniuses and writers in every branch of Literature were Sons of our Church.
The Subject is of such solemn importance to us, that comparatively speaking our lives and our liberties are but of little value; And the population of the Country, and the hounour of the legislature, as well as the interest of American liberty, are certainly most deeply concerned in the matter; Therefore we would willingly lay before this Honourable House a more extensive view of our Reasons in favour of an unlimitted impartial Toleration; but fearing we should transgress upon the patience of the house we conclude with praying that the al- wise, just and merciful God would direct you in this, and all your other important determinations.
At a session of the Presbytery
In Amhurst County, Nov. 11, 1774} Signed by Order of Presbytery
David Rice Moderator
Caleb Wallace Clk.”
(Notation in left bottom margin of page)
“Hanover presbytery - petition of
for a free exercise of their religion -
5 June 1774 -
to lie upon the ____”
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