The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-26
The New Hampshire Constitutional Con-

REMARKS OF THE Hon. LEVI WOODBURY., on THg
RELIGIOUS TEST PoR OFFICE
FOR several Days, the abolition OF the religious
test az qualification for Office, was discussed N
the constitutional convention Of New IA tnpsh,re.
lion Lew woodbury. spoke against the test. after
which il was voted down. The folio wing are the
remarks of Mr. w. :" Being opposed to the test,
that some of our principal Offices shall not be filled
except by persons OF the protestant religion, ask
leave 10 offer few reasons for II. do II quite
as much to vindicae our fathers in part for insert
ing it, as myself for resisting it, Constitutions, it
is conceded, ought to be durable instruments,
being the great fundamental laws, passed ny the
people, and lasting at times, as ours has, witho
a shadow OF change, for half "a century; vet am
willing, when provision like this becomes hostile
to the tolerant spirit of the age, and more en-
hghtened public opinion, TO expuDge IT at once
rom our system OF government do this, 100,
the more readily. at the present moment, in order
to present another illustration to the world, how
easily laws, and even constitutions, where obIec-
tionablc, can be changed and re-changed In this
free country, without resort TO violence, and to
measures reasonable to public liberty, and the
safety, as well as best interest, ct our blessed
Union. Nor is it that oppose religion, but sup
port 1t. l am neither deislie nor innovating
rashly
On little examination il will be found that this
test crept into the constitution originally under
temporary impulse, and without having any Indd-
ence on the affairs of the State practically as they
then stood. This is the vindcation OF our fathers
Tradition says-and probably had it in early life
from the venerable parent of the member from Ep-
ping (Mr Plumer) THAT parent, the Nestor OF the
politicians of that generation, and sole survivor of
the Convention of I79I, that the provision was in
serted in 1884 TO repe tauuts which had been Hung
out by some after the Fteach Alliance, that there
was to be alliance also with the French religion
and the establishment OF it here. The provision
fell then still born-so few Catholics existed in the
State. But in 1871 the imprOpnety OF retaining it
on principle became so manifest that, after one or
two Intellectual efforts, the Convention voted to
erase il, and majority of the people concurred
with them,-yet not being quite two thirds, the pro-
vision remained, though against the will of de-
cided majority.
The principle of the test was, even then, so
odious, that as Catholics increased since in the
State, from mere handful as then, another con-
venton would, think, long ere this, have been
called for expungng this alone, had they become
numerous, or had the test been much more than
brutunr ttlmen, used practcallyto Cypress them.
If any soreness against Catholic prosecutions of
the Puritans abroad mingled with this aud render
ed prejudces stronger with some against erasing
the test, they ought for more recent persecution by
Laud and the Epscopalians in England, to have
excluded them also. But il was right to exclude
neither. Now, under more ausplcious circum-
stances we have and trust, will improve, the OPP
portunity to do justice to all There is now no
dread of French influence or French religion. The
rights of all Christians at least to equal freedom and
power In our system OF government, have become
practical question, and should OF course be settled
on broad, enlightened, and humane principles.
Fifty years, with their discussions and researches
and experiments, have poured flood OF Zig ht over
the true nature of liberty Of conscience and all its
great safeguards. Let us then do what our fathers
themselves would, If now living, under increased
light and experience.
How does the question stand under republican
principles of government BY them, constitutions
and laws are made more to protect rights tn an
confer them They are made for protecting liber-
V, equality, conscience, property, and life, rather
than to give most of these, TO establish any par
hcuar set OF religious opinions. This is not that
religion is a minor concern, and not in some view
greatest being.
religion is a concern between God and man, and
seldom to be interfered with by governments.
Such intolerant interference has caused oceans of
blood TO How, and millions 10 perish at the stake,
and was one OF the great causes which expelled
our fathers to wilderness and the mercy of savage
foes. The republican government afterwards es-
tablished here should If true to republican prin-
ciples, shield ell in their religious teneis, while
conducting peacefully, and protect all in their pur
suits and worship, however different, while acting
as good citizens, or II becomes suicidal, and, like
despolism, persecutes differences Of OPTIONS, and
introduces the grosses irregularities.
How does the question stand on the principles OF
our bill Of rights Ii is forced to admit that each
sect should enjoy and il does now enjoy here, the
not to protect it by laws, which each helps To
make IL comedies to each sect the right 10 sue
for injuries TO character, for injuries to children
and wife, and 10 worship God in freedom Why
not, then. let them aid IN legisating to protect all
these You hold ont the husk, but withdraw the
kernel. You allow fire arms, but neither gunpow-
utr nor lthn q lOdn tntUl ana make tneH eHectlVe
In the bill Of rights, you pledge also, to all sects
equality, but afterwards, by this test, you make all
but Protestants unequal You promise entire free
dom Of conscience to ALL and treat it, in the fourth
article, as go high privilege as not TO be in any
way unalienable, and yet you leave others than
Prott stants deienceless as to II by DISTINGUISHING
them from filling Offices to secure it by legisla
ton.
Ii is contrary to the Declaration of Independence
and of the very fret article in your bill of rights,
declaring all men equal. lou do not thus give to
all men equal privileges. Ii is also in the teeth
Of the same bill of rights, to say sect shall not
be subordinate 10 another, and still disfranchse
one or let one hold offices forbidden 10 others. Ii
is likewise, contrary To all sound experience and
reason 10 say, as we do, that Catholics may vote,
but not be voted for and that they may be well
competent for one duty and not the other. So IL is
inconsistent TO say, as we do, that they may be
jurors or judges, yet not legislators or, agree as
we do, in the Constitution Of the Union, that Ca
tholics may be TIT and safe for Members of Con-
gress, Senators, cabinet officers, yea, Presidents
and yet denounce them as unit and unsafe at
home, to represent one hundred and fifty polts ia
one of our small townships IL 10, in truth, much
like the great grievance which led TO our revou-
tion-taxstion without representation. All other
than Protestant sects virtually deprived of re-
presentation, as they are made ineligible TO the
Legislature. Their opinions and wishes are un-
heard there. from themselves They are branded
They are driven forth with the mark of Cain,
for servitude and ignominy
Why not, as well, explicitly, say and not do IT
cOVerty-that none Dut IrOtestdn are nj Tor fSe
public Why not say that Catholic Maryland is
unfit Catholic Ireland Catholic Hungary Ca
thoc France Why halt at hall. way me asures 7
Why not soy II is mere creed in religious faith,
and not the mind, heart, or morals, which render
men suitable for self government Or, that we
establish government for the former alone, and not
TO secure liberty, character, property, and life ]
Indeed, this test debars mau from what we al
low to the degraded African, as he is eligible here
10 hold office, as well as to vote. IL seems often
to have been overlooked likewise, that these tests
are restraints or chains on those who make them,
as we'll as on others. The Protestant, himself,
cannot now vote here for Catholic, any more
than Catholic vote for one--ihough the cand-
rete may be, on all hands, confessedy the best
90 Allied man for State Representative Senator, or
overnor
II urged that the power TO make such tests IN
Institutions exists, u Is argument for the
oral and political right to do II than is because
ave the naked power. than that we have also the
moral and political right to unite church and State
create an inquistion-or, having stripped other
sects of the privilege 10 hold office to 90 further.