Archbishop John Carroll, together with
whom he had studied in Europe and
won over Canada.105 It was John Carroll
who laid the foundations of religious
freedom and equality in the principles
that gave birth to the new republic,
who wrote "the strongest appeal for
recognition of the spirit of religious lib-
erty that was made in his day." 106 He
frequently stressed that there should be
no preference to any one sect and that
all religions should be equal before the
law.107 Americans during the Revolu-
tion, wrote John Carroll, had "associ-
ated into one great national Union,
under the express condition of not being
shackled by religious tests."108
Daniel Carroll, elder brother of John,
was elected to the Constitutional Con-
vention in 1787, fought for ratification
of the first Constitution, and made the
strongest recorded plea for the adop-
tion of the First Amendment.109 The
combined efforts of Charles Carroll of
Carrollton, Bishop John Carroll, and
Daniel Carroll, unquestionably in the
spirit and under the influence of their
antecedents, contributed more than any
other single factor to the provisions for
religious liberty in the United States
Constitution. "Largely through their
efforts the spirit of Old Maryland be-
came the spirit of New America."110
During the course of debate on the
present Bill of Rights, the First Con-
gress attempted to satisfy the demands
105 3 J. shea, history of the catholic
church in america 421 (1886).
106 ives, supra note 61 at 389. See
Gazette of the United States, June 10, 1789.
107 J. brent, biographical sketch of
the most reverend john carroll 142
(1843).
108 antieau, downey & roberts, supra
note 77 at 45.
109 ives, supra note 61 at 372, 381, 394.
110 Id. at 403; also, T. hanley, their
rights and liberties 117ff. (1959).
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of the state ratifying conventions for
alteration of the Constitution they had
accepted. The senators and representa-
tives were undoubtedly responsive to
opinions prevailing in their states, and
the delegates from Maryland of course
were no exceptions. Some of the opposi-
tion to Maryland's becoming the sev-
enth to ratify the Constitution ema-
nated from the failure to adopt a bill of
rights. The amendments submitted by
William Paca to the ratifying conven-
tion contained one guaranteeing re-
ligious liberty to all and opposing
national establishment, but the major-
ity was satisfied to leave such protection
to the individual states.111 Although
the convention adjourned without
agreeing to the proposed amendment, a
large number of delegates endorsed the
policy "that there be no National Re-
ligion established by law; but that all
persons be equally entitled to protection
in their religious liberty."112
When the proposed measure was
finally introduced before the First Con-
gress, Daniel Carroll, supported by
James Madison, led the plea for its
adoption.113 Bishop John Carroll was
also an eloquent and respected advocate.
He wrote :
"The constitutions of some of
our states continue still to entrench
on the sacred rights of conscience
and men who have bled and opened
their purses as freely in the cause
111 A. werline, problems of church
and state in maryland 203 (1948).
112 2 the debates in the several state
conventions on the adoption of the
federal constitution 553 (J. Elliot ed.
1859). See also antieau, downey &
roberts, supra note 77 at 132.
113 The original phraseology was, "No reli-
gion shall be established by law nor shall the
equal rights of conscience be infringed." J.
ives, the ark and the dove 393 (1936).
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