Intolerance Divides - Tolerance
Earliest Principles in America on Religious Freedom
The New World's first lawful expression of freedom of conscience
and religious tolerance (toleration) as an individual liberty took place in 1624 on Governors Island - New York State's officially
recognized birthplace. This historic precept of toleration was optimized to freedom of religion in the First Amendment
of the Bill of Rights of 1791 by promising all religions to be equal and free under the United States Constitution. State
rights, however, continued to displace the Constitution in the matter until 1868 when also freedom from religion was
achieved for all U.S. citizens: "No State shall make or enforce any law which shall abridge the priviliges or immunities
of citizens of the United States." Therefore, as of that year, civil law in religious matters superseded religious laws,
practices and conduct which had been protected by assorted states. It finally rendered effective the founding of the United
States of America as a secular nation: "Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof."
notably, 14 years before the First Amendment, this jurisprudence of toleration had evolved from its earliest juridical beginnings
on the State's birthplace (Governors Island), unique for its time in 1624, to becoming enshrined in New York's first state
constitution in 1777 in confirmation of New York State's polyglot culture - its birthright (Tolerance):
XXXVIII. And whereas we are required, by the benevolent principles of rational liberty, not only to expel
civil tyranny, but also to guard against that spiritual oppression and intolerance wherewith the bigotry and ambition of weak
and wicked priests and princes have scourged mankind, this convention doth further, in the name and by the authority of the
good people of this State, ordain, determine, and declare, that the free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever hereafter be allowed, within this State, to all mankind: Provided,
That the liberty of conscience, hereby granted, shall not be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of this State.
XXXIX. And whereas the ministers of the
gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from
the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall,
at any time hereafter, under any presence or description whatever, be eligible to, or capable of holding, any civil or military
office or place within this State.
liberty of freedom of conscience and toleration without discrimination, albeit with preference, of the
year 1624 - codified again as New York State law in 1777 without preference - became available thus, 244 years
later, to all United States citizens in the 14th Amendment of the Bill of Rights in 1868.
Therefore, Governors Island, not Battery Park on Manhattan Island, is the origination
point of substantive American and New York State history and could be a national symbol and public memorial to a legacy
of consequence. When politically recognized thus, Governors Island would be situated in a National Heritage Triangle of fundamental American values: Tolerance, Liberty and Welcome (this is
to be accomplished by the proposed Governors Island Preservation and Education project.)
That this active judicial notion
of toleration involved mutual respect can be deduced from instructions to the colonists of 1624 to Governors Island that
they were to respect the consciences of others -
that is, natives and non-believers didn't have to submit to the settlers' religion (i.e., freedom from religion as in the
First Amendment.) The policy was to try ‘to attract' them 'through attitude and by
example' only. On the other hand, natives and non-believers,
when falling under the settlers' immediate authority, could be induced by the Director and his Council to respect the colonists'
faith when expressly slandered only. Religious conversion, however, couldn't be forced on anyone. But more importantly, no
one could be persecuted because of religion.
"A Government Of Performance, Integrity And Pride"
(Governor Andrew M. Cuomo's Inaugural Address of January 1, 2011)
The 1624 Governors Island landing delivered New York State's
oldest laws and ordinances from the Dutch Republic, including the juridical rights
to religious tolerance and freedom of conscience which applied to what is now the NY Tri-State region between 38 and 42 degrees
latitude. They imbued the Island with what today is still a universal value of historic substance and 21st-century pertinence.
That these oldest laws uniquely affected New York's culture and jurisprudence is inarguable. The Island's symbolic value to
America's citizens, if not humanity at large, is unquestionable.
Yet, since 1997, New York State Legislators and the Governor have ignored the critical role Governors Island
played in 1624 in the founding of the State of New York and the State's juridical contribution to America's
culture of freedom - the State's birthright - while implicitly dignifying a faulty history as insisted upon for years by the
National Park Service, the Battery Conservancy, the Governors Island Preservation and Education Corporation ("GIPEC'
- a State agency) and, since April 2010, its succesor entity, the Trust for Governors Island (a City agency), on their web
innumerable attempts at discombobulated, politically fragmented plans devoid of any coherence, vision or meaningful substance,
and mindlessly throwing away $350,000 of tax monies to an unworkable and unattainable identity project proposed by a
downtown real estate holder, GIPEC - entrusted with the development of the Island since 2003 - presented its last plan to
the public in 2009. GIPEC was thus able to avoid being held accountable for rejecting the State's historic, fundamental
tenet of Tolerance as the founding principle of American liberty which had been delivered first into
the New World onto the State's birthplace - Governors Island - in 1624. This also enabled GIPEC to circumvent, in
its development plans, NY State's primary history as started by New York's first settlers to the Island. GIPEC's plan called for a generic
park made of recycled materials and had chosen its latest straw man, the architectural firm of "West8,"
to lead that project. The anticipated park is historically irrelevant, economically unfeasible, financially unsustainable and
has no meaning whatsoever to the nation, New York State and New York City.
Additionally, West8's promulgated mandate had been conditioned
upon the omission of any reference to the Island's profound historical importance and national symbolic value respecting American
liberty. Furthermore, in December 2008, GIPEC had started to solicit ideas from the public (!) for the naming of a section
of the proposed park on Governors Island without ever having recognized or considered State Legislative Resolutions No. 5476 and No. 2708 of May
2002 which affirm the Island as the birthplace of New York State and
the origin of American [religious] tolerance or toleration.
The "winning entry" was Picnic Point so that in September 2009 a few [official] visitors and their guests
could have a picnic and party during a New Island Festival within a New York City Harbor Festival. These festivals were the
highlight of a 2009 quadricentennial celebration in honor of three legendary dead men: the American Robert Fulton, the Frenchman
Samuel de Champlain and the Englishman Henry Hudson. These parties had been called into being by the New York State Legislature
to generate broad popular excitement and to mobilize the State's population in celebrating the 2009 year!!!
This [inconsequential and profoundly erroneous] vision for
New York State's joyful tribute in 2009 was signed into law by Governor George Pataki in February 2002 in a political nod
to the grandiose but spurious tri-centennial celebration of 1909 in honor of Robert Fulton and Henry Hudson. It was an express
effort to eradicate the factually accurate, historical national meaning of the year 1609 in a 2009 quadricentennial commemoration
thus denying New York State its authentic cultural patrimony of historic substance which is shared bilaterally by the primary
histories of the United States of America and the United Netherlands (now, the Netherlands.) (Click
Lifeblood of American Liberty.)
In the absence of the New York State Legislature's
unequivocal acceptance of this fundamental American history with respect to Governors Island, the National Park Service, which
has jurisdiction over a portion of the Island, also has been unwilling to accept the Island's and, hence, the State's
legacy of toleration as the basis for ethnic diversity and central to American freedom.
One may conclude, like The Tolerance Park Foundation, that the current state of affairs, wherein
Governors Island is denied politically its irrefutable place in primary American history as a national symbol and as the historical
locus of a profoundly momentous message which has been recognized by the United States in its Constitution and by the United
Nations in Article 26-2 of its 1948 Universal Declaration of Human Rights: "Education...shall promote...tolerance...among
all nations, racial or religious groups," is indeed misfortunate; although not irretrievable.
The Trust for Governors Island should respect the reason for the federal government's transfer
of the Island to the State of New York for one dollar past the Congressional legal deadline of September 2001. This was feasible
thanks to the White House dedicating the Island to the theme of education on April 1, 2002, based on legal precedent going
back to 1785. It ensured the furthering of our Preservation and Education Project. It also reduced the influence of some powerful
local special constituents in the Island's redevelopment and safeguarded America's oldest natural symbol with a historic message
of profound meaning to American freedom.
Additionally, short of designating or
preconditioning acreage for the proposed Governors Island Park-to-Tolerance project,
60-plus acres were set aside generically as "park" land upon jurisdictional transfer from federal ownership to NY
State ownership on February 1, 2003. The American people thus surrendered the Island's "national economic
value" to New York State and, specifically, imparted the Island's "national
intangible value" to the people of the State of New York.
the Trust, therefore, to appropriate the Island's national economic and intangible values for "unique public programs,
an ambitious park and a public space plan...for the people of the City of New York" is not
according to the letter and spirit of the original education dedication as justification for the one dollar transfer in the
national public interest or for the national common good. Ergo, it specifically denies the Island its momentous national
and NY State legacy of historical substance and symbolism for America's future generations.
Would or could the United States, New York State and New
York City find it of any importance that, at the very least on their web sites, with respect to Governors Island's development,
some reference exists to the nation's primary history of current and enduring relevance which is New York State's birthright,
New York City's identity and Governors Island's legacy to American liberty as we understand it (click Governors Island National Symbol)?