The trial of Dayton for misdemeanor may as well
go on at Richmond.
I salute you with great esteem and respect.
Th: Jefferson.
LETTER LXIII.--TO THE REV. MR. MILLAR, January 23, 1808
TO THE REV. MR. MILLAR,
Washington, January 23, 1808.
Sir,
I have duly received your favor of the 18th, and am thankful to you
for having written it, because it is more agreeable to prevent than to
refuse what I do not think myself authorized to comply with. I consider
the government of the United States as interdicted by the constitution
from intermeddling 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. Certainly, no power to prescribe any
religious exercise, or to assume authority in religious discipline, has
been delegated to the General Government. It must then rest with the
States, as far as it can be in any human authority. But it is only
proposed that I should recommend, not prescribe, a day of fasting and
prayer. That is, that I should indirectly assume to the United States an
authority over religious exercises, which the constitution has directly
precluded them from. It must be meant, too, that this recommendation is
to carry some authority, and to be sanctioned by some penalty on those
who disregard it; not indeed of fine and imprisonment, but of some
degree of proscription, perhaps in public opinion.
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