Policies of Toleration and Theories of Individualism Incompatible in Early American Legislation

Early American legislation, from 17th century colonial charters to post-revolutionary state and federal bills, wrestled with the need to preserve particular freedoms from “the zeal for different opinions concerning religion” (Madison, Federalist No 10). While a common goal of such legislation was to protect unorthodox believers from the passions of the majority, this paper opens up discussion of how, while toleration of opinions and individual rights seems to work toward a common end, they have a long history of being conceptually incoherent. This paper uncovers the startling inconsistency in early legislation between the seemingly compatible desire for toleration and the assumptions of individualism. It demonstrates that policies of toleration are at odds with individualism, relying on a conception of government power that presumes authority over conscience, and thus the power to forgo that exercise. Early legislators, from Roger Williams to Thomas Jefferson, understood the threat that popular passions held for the unorthodox. Williams’ claims about the limitations of civil power earned him banishment from the colony of Massachusetts. Jefferson’s unorthodox view of universally applicable laws of nature was at odds with widespread conceptions of a Christian elect, making him potentially subject to legal penalties such as the inability to hold office or receive inheritance. Such personal awareness of popular zeal shows up in their attempts to legislate individual rights. Contextualizing early legislation within James Madison’s fear that human passion was a foremost threat to republican government, this paper draws out how the response to the zeal of the majority raised concerns addressed by both toleration and individuality, but that these were in fact incompatible solutions to the problem of majority zeal. This paper exposes the incompatibility between toleration and individualism that is evident in conversations in early American legislation and discussions of individualism and religious plurality today.