Page images
PDF
EPUB

the institution of the public worship of God,
and of public instruction in piety, religion,
and morality therefore, to promote their
happiness, and to secure the good order
and preservation of their government, the
people of this commonwealth have a right
to invest their Legislature with power to
authorize and require, and the Legislature
shall from time to time authorize and re-
quire the several towns, parishes, pre-
cincts, and other bodies politic, or religious
societies, to make suitable provision, at
their own expense, for the institution of
the public worship of God, and for the sup-
port and maintenance of public Protestant
teachers of piety, religion, and morality,
in all cases where such provision shall not
be made voluntarily; and the people of
this commonwealth have also a right to,
and do, invest their Legislature with au-
thority to enjoin upon all the subjects an
attendance upon the instructions of the
public teachers as aforesaid, at stated
times and seasons,
if there be any one
whose instructions they can conscientious-
ly attend." It was also ordained, that
"because a frequent recurrence to the fun-
damental principles of the Constitution,
and a constant adherence to those of piety,
justice, moderation, temperance, industry,
and frugality, are absolutely necessary to
preserve, the advantages of liberty and to
maintain a free government, the people
@ught consequently to have a particular re-
gard to all those principles in the choice of
their officers and representatives; and they
have a right to require of their lawgivers
and magistrates an exact and constant ob-
servance of them in the formation and ex-
ecution of all laws necessary for the good
administration of the commonwealth."
And, lastly, it was prescribed that every
person "chosen governor, lieutenant-gov-
ernor, senator, or representative, and ac-
cepting the trust," shall subscribe a sol-
emn profession "that he believes the Chris-lished religion of the land."
tian religion, and has a firm persuasion of
its truth."

The Constitution of Delaware, made at the same period, premises, "That all men have a natural and inalienable right to worship God according to the dictates of their own consciences and understandings;" and declares, "that all persons professing the Christian religion ought forever to enjoy equal rights and privileges." In relation to the members of the Legislature, it enjoins, that every citizen who shall be chosen a member of either house of the Legislature, or appointed to any other public office, shall be required to subscribe the following declaration: "I do profess faith in God the Father, and in Jesus Christ his only Son, and the Holy Ghost, one God, blessed for evermore; and I do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine inspiration."

The Constitution of Maryland, made in 1776, empowers the Legislature "to lay a general tax for the support of the Christian religion," and declares "that all persons professing the Christian religion are equally entitled to protection in their religious liberty." All tests are disallowed, excepting these: an oath of office; an oath of allegiance; "and a declaration of a belief in the Christian religion."

The Constitution of North Carolina, made about the same period, declares expressly, " That no person who should deny the being of God, or the truth of the Protestant religion, or the Divine authority of either the Old or New Testament, or who should hold religious principles incompatible with the freedom and safety of the State, should be capable of holding any office or place of trust in the civil government of the State."

But the Constitution of South Carolina, made in 1773, was the most remarkable of all. It directs the Legislature, at its regular meeting, to "choose by ballot from among themselves, or from the people at large, a governor and commander-in-chief, a lieutenant-governor and privy council, all of the Protestant religion." It prescribes that no man shall be eligible to either the Senate or House of Representatives, "unless he be of the Protestant religion." And in a word, it ordains "that the Christian religion be deemed, and is hereby constituted and declared to be, the estab

Provision was also made for the incorporation, maintenance, and government of such "societies of Christian Protestants" as choose to avail themselves of laws for the purpose, and required that every such society should first agree to, and subscribe in a book the five following articles:

[ocr errors]

'First, That there is one eternal God, and a future state of rewards and punishments.

"Second, That God is publicly to be worshipped.

Third, That the Christian religion is the true religion.

The first Constitution of Pennsylvania, made in the same year, requires that every member of the Legislature shall make this "Fourth, That the Holy Scriptures of solemn declaration: "I do believe in one the Old and New Testament are of Divine God, the Creator and Governor of the uni-inspiration, and are the rule of faith and verse, the rewarder of the good and the punisher of the wicked; and I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration.'

[ocr errors]

practice.

"Fifth, That it is lawful, and the duty of every man, being thereunto called by those who govern, to bear witness to the truth."

Even more than this: the Conscript Fa- | able as ever to the promotion of the Christhers who made the Constitution of South tian religion. I am not sure whether the Carolina went on to declare, "That to Jew has equal privileges with the professgive the state sufficient security for the dis- or of Christianity in every state, but these charge of the pastoral office, no person shall he certainly has in most of them, and he officiate as a minister of any established has everywhere the right to worship God church who shall not have been chosen by publicly, according to the rites of his rea majority of the society to which he shall ligion. In some states he holds offices of minister, nor until he shall have made and trust and influence, the law opening to subscribed the following declaration, over him as well as others access to such ofand above the aforesaid five articles; viz., fices. Thus, in the city of New-York, at "That he is determined, by God's grace, this moment, a descendant of Abraham, out of the Holy Scriptures to instruct the who was formerly sheriff of that city, is a people committed to his charge, and to judge of one of the courts, and discharges teach nothing as required of necessity to its duties faithfully and acceptably. Jews eternal salvation but that which he shall form but a small body in America, and as be persuaded may be concluded and proved they hold what may be called the basis of from the Scriptures; that he will use both the Christian religion, worship God accordpublic and private admonitions, as well to ing to the Old Testament, and believe in a the sick as to the whole, within his cure, future.state of rewards and punishments, as need shall require and occasion be giv- such a modification of the laws as should en; that he will be diligent in prayers and place them on the same footing with Chrisin reading of the Holy Scriptures, and in tians, as respects political privileges, was such studies as help to the knowledge of not deemed too latitudinarian or unsafe. the same; that he will be diligent to frame They surely have as good a claim to be and fashion his own self and his family ac- considered fit to become members of a cording to the doctrine of Christ, and to government founded on the religion of the make both himself and them, as much as Bible, as Unitarians can pretend to, and in him lies, wholesome examples and pat- hold safer principles than the Universalterns of the flock of Christ; that he will ists. maintain and set forward, as much as he can, quietness, peace, and love, among all people, and especially among those committed to his charge."

I conclude by repeating, in few words, that the state governments were founded on Christianity, and almost without exception, on Protestant Christianity. In the Who does not recognise in this Consti- progress of opinion on the subject of retution the spirit of the old Huguenot Con-ligious liberty, everything that looked like fession of Faith, and of the Synods of France, which those who had been persecuted in the Gallican kingdom had carried with them to the New World?

The Constitution of Georgia, made in 1777, says: "Every officer of the state shall be liable to be called to account by the House of Assembly," and that all the members of that house "shall be of the Protestant religion."

an interference with the rights of conscience in any sect was laid aside, and all men whose religious principles were not thought subversive of the great moral principles of Christianity were admitted to a full participation in civil privileges and immunities. This is the present position of the governments of the several states in the American Union. Their legislation, while it avoids oppressing the conscience Such was the character of the State of any sect of religionists, is still decidedConstitutions in the opening scenes of our ly favourable, in general, to the interests national existence. Of all the thirteen ori- of Christianity; the unchristian element, ginal states, the organic laws of one alone if I may so term it, is too insignificant, did not expressly enjoin the Christian re-taking the country as a whole, to exert an ligion, and almost without exception, the influence of any importance on the nationProtestant form of Christianity. But even al legislation.

Virginia was, in fact, as much Christian

as any of them.

CHAPTER IX.

BE IN FAVOUR OF CHRISTIANITY.

From all this, the reader will see how the nation set out on its career. It was, in every proper sense of the word, a Chris- THE LEGISLATION OF THE STATES SHOWN TO tian nation. And though the constitutions of the old states have since been deprived of what was exclusive in regard to religion. and the political privileges of the Protestants are extended to the Roman Catholics, without any exception that I am aware of, yet the legislative action of those states, as well as that of the new, is still founded on Christianity, and is as favour

WE have said that the organic laws of the state governments have been so far modified as to extend political rights to citizens of all shades of religious opinions; that in every state the rights of conscience are guarantied to all men; and in these respects, the whole twenty-six states and three territories composing the American

ly abolishes that part of the common law which attaches to them in England, it does nothing more, and thus many offences still remain obnoxious to it, on the ground of their being contrary to the Christian religion.

A person was indicted at New-York, in 1811, for aspersing the character of Jesus Christ, and denying the legitimacy of his birth. He was tried, condemned, fined, and imprisoned.

Union are as one. But we must not be the United States that such offences are understood as meaning thereby, that irre- forbidden; they are punishable likewise ligion and licentiousness are also guaran- under the common law, which has force tied by the organic laws, or by any laws in those states as well as in England. Of whatever. This would be absurd. Rights this admirable part of the civil economy, of conscience are religious rights, that is, Christianity is not merely an inherent, it rights to entertain and utter religious opin- is a constituent part. This, though denied ions, and to enjoy public religious worship. by Mr. Jefferson, Dr. Cooper, and others, Now this expression, even in its widest ac- has been so decided by many of the ablest ceptation, cannot include irreligion; opin- judges in the land. For it has been held, ions contrary to the nature of religion, sub-that while the abolition of religious estabversive of the reverence, love, and service lishments in the United States necessaridue to God, of virtue, morality, and good manners. What rights of conscience can atheism, irreligion, or licentiousness pretend to? It may not be prudent to disturb them in their private haunts and secret retirements. There let them remain and hold their peace. But they have no right, by any law in the United States that I am aware of, to come to propagate opinions and proselytize. Such attempts, on the contrary, are everywhere opposed by the laws, and if, at times, these laws are evaded, or their enforcement intentionally intermitted, this does not proceed from any question of their being just, but from a "The people of this state, in common conviction that, in some circumstances, it with the people of this country, profess the is the less of two evils not to enforce them. general doctrines of Christianity as the It is sometimes the best way to silence a rule of their faith and practice; and to noisy, brainless lecturer on atheism, to let scandalize the Author of these doctrines him alone, and the immoral conduct of is not only, in a religious point of view, exsome preachers of unrighteousness is the tremely impious, but, even in respect to best refutation of their impious doctrines. the obligations due to society, is a gross At times, however, another course must violation of decency and good order. Nobe pursued. The publication of licentious thing could be more offensive to the virtubooks and pictures, profane swearing, blas-ous part of the community, or more injuphemy, obscenity, the interruption of pub-rious to the tender morals of the young, lic worship, and such like offences, are punishable by the laws of every state in the American Union. Now, whence had these laws their origin, or where do we find their sanction? Take the laws against profane swearing. Where did men learn that that is an offence against which the laws should level its denunciations? Surely from the Bible, and nowhere else.

Not more than one state, if even one, is supposed to have no laws for the due observance of the Sabbath. But whence came such regulations? From the light of Nature? From the conclusions of human wisdom? Has philosophy ever discovered that one day in seven should be consecrated to God? I am aware that experience, and a right knowledge of the animal economy, show that the law setting apart one day in seven is good, favourable to human happiness, and merciful to the beasts of burden. But the Sabbath is of God; and putting aside some dim traditions and customs among nations near the spot where the Divine command respecting it was first given to Moses, or of the people in whose code it afterward held a permanent place, we find it only in the Bible.

But it is not only by the statute law of

On that trial, Chief-justice Kent, still living, and believed to be second to none in the country in point of legal knowledge, expressed himself as follows:

than to declare such profanity lawful. It would go to confound all distinction between things sacred and profane." "No government," he maintained, " among any of the polished nations of antiquity, and none of the institutions of modern Europe (a single monitory case excepted), ever hazarded such a bold experiment upon the solidity of the public morals as to permit with impunity, and under the sanction of their tribunals, the general religion of the community to be openly insulted and defamed." "True," he adds, "the Constitution has discarded religious establishments. It does not forbid judicial cognizance of those offences against religion and morality which have no reference to any such establishment, or to any particular form of government, but are punishable because they strike at the root of moral obligation, and weaken the security of the social ties. To construe it as breaking down the common law barriers against licentious, wanton, and impious attacks upon Christianity itself, would be an enormous perversion of its meaning.

*

These just opinions were fully sustain

* Johnson's "Reports," p. 290.

ed by the decision pronounced in Penn- not, as we have shown, from any want of sylvania, at the trial of a man indicted for power in the states to create such an esblasphemy, not against God directly, but tablishment, but because it has been found against the Bible; the design charged upon inexpedient to attempt promoting religion him being that of "contriving and intend-in that way. Experience has shown that ing to scandalize and bring into disrepute with us all such establishments have been, and vilify the Christian religion and the upon the whole, more injurious than beneScriptures of truth." On that occasion, ficial. They have been renounced because, the late Judge Duncan said, that "even if from the nature of the case, they could Christianity were not a part of the law of never be made to operate in such a way the land, it is the popular religion of the as not to do some injustice to one portion country; an insult to which would be in- or other of the citizens. dictable, as tending to disturb the public peace;" and added," that no society can tolerate a wilful and despiteful attempt to subvert its religion.”*

To this general conviction we must ascribe what appears at first sight to be an anomaly; the power to aid religion by legal enactment expressly conferred in the The application of the common law, by Constitutions of some of the states,* and the courts of Pennsylvania, to the protec- yet that power suffered to lie dormant, nor tion of clergymen living in the discharge is there the least prospect of its ever being of their official duties, confirms all that has exercised again. But although the states been said respecting the light in which have thought it best for the interests of reChristianity is regarded by the state gov-ligion itself, as well as most equitable to all classes of the inhabitants, to relinquish all attempts to promote religion by what is called an establishment, yet they have deemed it neither unwise nor unjust to pursue the same end indirectly. Several instances of this kind have been stated already; we may notice a few more.

ernments.

Farther, every state has laws for the protection of all religious meetings from disturbance, and these are enforced when occasion requires. Indeed, I am not aware of any offence that is more promptly punished by the police than interfering with religious worship, whether held in a church, in a private house, or even in the forest.

All the states have laws for the regulation of church property, and of that devoted to religious uses. In some states, every religious body, immediately on being organized, is pronounced de facto incorporated; and in none, generally, is there any difficulty in procuring an act of incorporation, either for churches or benevolent societies.

The states do much to promote education in all its stages, though in doing so they often assist the cause of religion, in what might be considered nearly the most direct manner possible. For instance, they aid colleges directed by religious men, and that, too, without stipulating for the slightest control over these institutions. On this we shall yet have occasion to speak more at large, and we introduce it here merely to indicate what the states are thus doing No state allows the oath of an atheist to for Christianity in the way of concurrence be received in a court of justice, and in one with other bodies. Some states have givonly, in so far as I am aware, is that of a en considerable sums to endow colleges at disbeliever in a future state of rewards and the outset. Others contribute annually to punishments received as evidence. That their support, and this while well aware state is New-York, where the law requires that the colleges aided by such grants are simply the belief in a state of rewards under a decided religious influence. So is and punishments; in other words, if a man it also with the academies, of which there believes that there is a God who punishes are several even in the smallest states, and men for evil actions, and rewards them many in the largest. Young men are infor their good ones, whether in this world structed in the classics and mathematics or in that which is to come, his oath will be at these, preparatory to being sent to colreceived in a court of justice. Of course, lege, and as many of them are conducted the man who believes neither in the exist- by ministers of the Gospel and other relience of God, nor in any sort of divine pun-gious men, they are nurseries of vast imishment, cannot be sworn, nor his testimo-portance both for the Church and the State, ny be allowed, in a court in that state.

CHAPTER X.

THE LEGISLATION OF THE STATES OFTEN
BEARS FAVOURABLY, THOUGH INCIDENTAL-
LY, ON THE CAUSE OF RELIGION.

Ir there be no Established Church in any of the states at the present time, it is

* 11 Sergeant and Rawle's Reports, p. 394.

Again, by promoting primary schools, the states co-operate in promoting religion; for mere intellectual knowlege, although not religion, greatly facilitates its diffusion by means of books. In the six New-England States, it is long since provision was first made by law for the good education of every child whose parents choose to avail themselves of it; and, ac

* Maryland, New-Hampshire, and South Carolina.

cordingly, hardly is there an adult native religious services. The civil power deof those states to be found who cannot cides within what degrees of consanguinread. Some uneducated persons there are, ity and affinity it may take place. On this especially in Maine, New-Hampshire, and point, and this mainly, can any collision Rhode Island, but they are few compared take place between the ecclesiastical and with what may be found in other lands. civil authorities. For instance, the GenIn all the six states, except Connecticut, eral Assembly of the Presbyterian Church each"town" is required to assess itself for has lately decided, or, rather, repeated a deas many schools as it may need. Connec- cision given indirectly some years ago, ticut has a school fund of above 2,000,000 that a man may not marry his deceased dollars, yielding an annual revenue of above wife's sister, and pronounced all such mar112,000 dollars, and this maintains schools, riages to be contrary to the Scriptures, and a part of the year at least, in every school incestuous. Such marriages, on the other district of the state. In New-York, Penn- hand, are expressly allowed by the laws sylvania, and Ohio, there are efficient pri- of Connecticut, and are not forbidden by mary school systems in operation, sup- those of any other state excepting Virginported by law, and capable of supplying all ia. In all cases of this kind, a man must. the youth with education. The state sup- make his election as to which he will obey port consists partly of the interest of per--the Church or the State. As condemmanent state funds set apart for the pur- nation by the former subjects a man to pose, partly of money raised in each of the no civil penalties, all that he can suffer is townships by assessment. The systems excommunication. pursued in New-Jersey and Delaware, though less efficient, are highly useful. Efforts are making in several of the Western States to introduce a like provision, and a good deal is done in the Southern States to educate the children of the poor, by means of funds set apart for that purpose. The instruction given in the primary schools of the United States depends for its character upon the teachers. Where these are pious, they find no difficulty in giving a great deal of religious instruction; where they are not so, but little instruction is given that can be called religious. The Bible is read in most of the schools.

[graphic]
« PreviousContinue »