Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-01-23

arms. Their refusal subjects them to tines,
which. within certain limitations are hAeu
a, the discretion of the courts MARTIAL auu
become in numerous instances es'remsy
Impressive. Nor is this all-yosr memo
ri.Iis,s conceive that the voluntary pay
ment Of fine imposed on them tor aaae'
renee to their religious duty, or the ~
ceiviug of surplus money arising from inc
sale Of their property ssized Tor the sStl''
fyiua of these demands, would De 70 az
knowledge a delinquency which taey eau
not admit, and to become patt'rs IN ira
fc or commutation Of their princ'Ples'-
Hence also consde, able loss is sustained
And notwithstanding your mtmer'al's's
may acknowledge that many of'cers OF inc
government, in these cases manifest ef:a'
reluctance, and execute their trust WIN
scrupuIous regard to the sufferers YET
there are other instances, in which wanton
depreda,ions a,e made on the property OF
: individuals.
Your memorialists are aware that 1t may
| be said that the law does not discriminate
between them and others, and that they
| ough, equally 10 support the public bur-
! dens, and weld their services to the exl-
eencies of the state. This objection sup
poses that general law cannot have par
tial or unequal operation. 1t suppeses too
that what may be deemed nationals con-
Germ, may supereede the chartered rights
and priviledges Of the people. But your
menorialiss cannot suppose THAI these
principles, which indeed arc no other than
maxims of tyranny, will ever be deliberately
adopted or acted upon by this legislature.
| If one member OF the community believe
it i, his duty 10 fight and to Stay the enc
mics Of his country, and ifauother believe
that he is prohibited by divine command
| from planning the destruction or shedding
the blood OF his fellow creatures, theqles-
ton as relates TO the present sulJec!l Is not
which or whether either is wrong, but whs.
ther the law commanding both to take arms
would not operate unequaAy, and violate
the rights of conscience! 1t would ope.
rate une equally because it does not discrl
! m;nate-because to the conscience OF the
| one it would enioin the performance OF a
duty to that of the other the commission
of a crime. 1t would violate the liberty OF
| conscience, because il would compel under
pains and penalties the performance OF an
| net. vhish Is bv!isrrd oucnsive TO the III.
vine Being. Human authority cannot like
| the Great seareher of hearts, try the spi-
rits Of men respecting truth and error it
| cannot remit the penalties Of sin, or control
the convictions Of the heart and therefore
in this country at least, the liberty of con.
science is wisely placed beyond the sphere
| of legislation. and protected from the en-,
croachment of any power in the govern
ment.
1t NAV be recollscted too, that in every
nation Of the civilized world where this So
ciety is found, they profess and maintain
the same principles. That no hope of re.
ward, no dread of punishment, not eou6s.
cations, imprisonments or death would in.
duce them 70 bear arms again., this coun.
try, or in any other cause whatever, and
that every attemps to coerce them would
result on the one side, in the triumph Of
principle, however severely tested, and in
unsvailing persecution on the other.
While it is therefore evident that the
ostersible object of the law, or training
them to arms cannot be effected, and it is
presumed from the general no,oriety Of
their principles, tina. it is not even expected
to be attained while YOUR memorialia;s
believe that the principles they hold can
in no sense prove injurious to the commu.
nifty, and are persuaded that thi, legs.
lature would discaim the idea of raising
revenue BY laws inacting fines on the free
exercise of consci-nce-they trust tha, a
privilege conferred by the Supreme Being
and by the highrs, authority in this coun.
try declared sacred ADD inviolable, may be
safely expected from its justice and lib.rali.
ty. They therefore respectfully petition,
that the laws imposing military requisi,ons
and penalties for non compliance, NAV be
considered as they respect your petitioners.
and such relief afforded az 10 the wisdom
of the legislature shall seem just and no.
cessary.
Signed BY order and on behalf of meet.