pretension to the same, under the idea that it cannot in any construction be considered a town building, but merely for accommodating a particular denomination of Christians; and that as we in our several stations contribute a share of our property voluntarily to the support of the gospel, according to our religious professions, we do claim it as a right to be exempted from any assessments, or other burthens that have been, or which may be imposed by any town vote, or otherwise, for building the place of worship aforesaid."
The only notice that the town took of this was to vote that the taxes for the building of the meeting-house should be assessed separately from all others. The protest having called forth no official notice, in December, 1791, and also in March, 1792, Mr. Van Schaack addressed the selectmen, stating that in the arrangement for "seating" the new meeting-house, a part of a pew had been assigned to him with the evident intention of giving countenance to the idea that he was to be considered as belonging to the "Congregational persuasion," and therefore liable to the collection of the oppressive taxes levied to build an expensive house of worship, beneficial to the Congregational society only, and dedicated to God on "principles of religion different from those which he professed." He disclaimed in the presence of witnesses, and under seal, any interest in the building, and added: "I support my own mode of worship in the neighboring town of Lenox," and that "to compel me to maintain that of another denomination bears an aspect too unfriendly to the sacred rights of conscience secured me by the Constitution, and therefore is an imposition not to be submitted to"; again declaring that "the meeting-house was not built by a town vote." Meantime he had begun a suit against the assessors for the recovery of illegally assessed taxes. The town was now face to face with one of those "irrepressible" questions that never will stay settled till it is settled in harmony with justice. The next step was for the town to appoint a committee to find out who had been of another way of thinking than Congregational at the time the building of the meeting-house had been undertaken, and still continued to be so. The town archives contain a long list of names with reasons attached; and the committee appointed to consider whether the taxes of these men should be abated declared that while they did not wish to compel the payment of a tax contrary to that which they had a right to request, they were clearly of the opinion that it would be unsafe for the town and repugnant to the undoubted intent of the Constitution to abate the tax of dissenters; in fact, they had no right to do so; yet as there "appeared to be a happy spirit of conciliation and a general disposition to peace, unity, and friendship prevailing," they would delay the collection of said taxes for three weeks, "in order to allow time for a written request to be lodged with them for the payment of the sums assessed upon them to the support of their respective teachers or elders." If they could produce to the treasurer a receipt from such a teacher, their tax would be abated; otherwise, if delayed beyond three months, the tax would be collected and applied to the support of the "standing order."
Mr. Van Schaack still pressed his suit, and being defeated in the lower court, carried it to the Supreme bench, which decided in his favor; and in 1794 the town voted to raise £125 for public worship, of which Mr. Allen was to get £110, the rest to go to the dissenters.
The acceptance of pastors' certificates on which to base taxes, and a multitude of new laws and judicial decisions, had caused so much uncertainty, confusion, and dissatisfaction throughout the State, that in 1799 a new law was enacted requiring "every town, precinct, or parish incorporated for religious purposes, to maintain a public teacher of morality, piety, and religion," conferring power to tax its members for the support of the minister, and building a suitable house of worship. By this law every inhabitant of a town was supposed to belong to the original parish, unless he brought his yearly certificate, signed by the pastor of some other parish, and also by its committee specially elected for that purpose,
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