American watchman and Delaware advertiser., 1826-03-24
From The " York National .4dvocase.
CHURCH AND STATE.
Ally

observe it mentioned in the proceedings of the senate
of this state that bill has passed that house for combeR
ing the attendance of witnesses before ecclesiastical uca
tories in certain cases. What the precise objects
particular provisions of this BILL the "certan cases.
which ecclesiastical courts to be clothed by statute law
with power over the personal liberty Of witnesses,
pei them to hey the ORDERS and submit the DEGREES
courts established by self created societies churches
know not but it is clear to my mind, that any satutary
enactments, vesng ecclesiastical courts with power
the personal liberty OF the people OF this state ncompa-
BILE with the genius Of government unauthorized by
state constitutions and inconsistent with its express pro-
Visions and much OF incpent union OF Church
and State.
That the Legislature have constitutional right to enact
law TO establish Ecclesiastical JudicasOae and to COMPEL
the people of this state, by pains and penalties to submit
to their jurisdiction and their mandates, truth which
will not be denied by any who is acquainted with the
provisions of constitution and knows the and
extent of Legislative authority they have not the right
cesascal Courts and coercvely subectng the people
their Jurisdiction and their mandates they have the
right to pass any law which, its operation, shall effect the
purpose What essential difference, it respects the
rights and liberties of the people, is there between law
establishing Ecclesiastical Courts, and law vesting them,
when established by individuals church other secrea-
ted society," with coercve power over the property per-
sona liberty Of the citizens of this state? Does not law,
passed to COMPEL the attendance of witnesses before Ec.
clesiasca Judicatoes," which established by church
authority recognize sanction support, and thus establish BY
z, Ecclesiastical Courss which unknown state
constitution, efectual if law passed er7essy
for their esa6hment If the people coerciveiy sub.
Jected by d to the jurisdiction and commands of those
Ecclesiastical Judcaories" those spiritual ti-
bunals thus recognized supported and hence e6ecay
established By iz, if law enacted expressly for that
purpose?
But let where statute law COMPELLING the aten.
dance of witness before Ecclesiastical udcatories would
lead, and how in its operation would tend impair the
liberties of the people.Such law would be nugatory
unless it also gave the poer to COMPEL the witness be
and both those provisions would be useless unless
third was added to obkge the witness Nor would
it do to stop here for if the witness should refuse
tend, should object to be would answer this
Ecclesiastical judicatory," must be clothed with
satutaiy power TO infic punishment the delinquent for
his refractory conduct all the preceding provisions would
be of avail for they be compelled either case,
unless they can be punished for dsobedence of the
dates of those seycreated spiritual tribunals.
But, the delinquent who is to be tried by the said Ec
cesastca Judicatores 7vhe,e he and the parties to
the suit pending before the said Courts, heye are ey
They ought also to be compelled attend and obey the
commands of these spiritual authorities or be punished for
contempt Of court for not submitting themselves TO their
ders he law compel the attendance Of witnesses would
be valueless.
Next law compel the attendance of delnquens
charged with offences against the church, and also the par
ties actively engaged in religious contentious church
broils But law of that description would amount to
nothing unless subjected the delnquents be tried by
these secreated spiritual udica,ores and be punished
for disobeyng their process or commands But such