American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-06-12
ICommunicated.I
RELIGIOUS TEST AND WASHINGTON
RAR

To the Editors Of the american Telegraph.
GENTLEMEN: Before an attorney is permitted
to practise his profession ut the Washington
Bar, he is to declare, on oath, his belief in the
Christian religion. He is to take the following
oath: ~ A. B., do solemnly swear that be-
lieve in the christian religion" This is ne
cessary qualification for admission to an Ameri-
can Bar in the capital Of the country which
boasts of American liberty. Is not this most
illiberal, and does it not bear the impress Of
days when it was death, in many countries, to
declare the honest convictions of ones soul
Does it not smell of tyranny, worthy the times
of its highest power. 1t partakes strongly Of
the spirit which gave birth to an Inquisition,
and which for years nurtured the fend of per-
secution in the bosom Of Spain. To exclude q
man from the Bar Of this country, at this late
day, is not to be tolerated We should be free
in matters of religion as well as of government
II is no crime to doubt, though made so by the
operations of law which is disgrace to the
$50 called) ''land of the free" Washington,
above all other places, should observe perfect
freedom in matters Of religion--it is the capital
of the finest country ia the world. Because a
man may entertain religious opinions, either
natural or from reason, and if said opinions do
not accord with certain others, he is not to ap-
pear before a court and act as lawyer engaged
1
not distinguished for their piety, and Christ has
said, he who is not for me is against me, and
yet they must take oath as to their belief in Il
religion of which he is the acknowledged head.
Christ was put to death for his belief and his
sayings, and now the followers Of Christ (?) de-
prive man of civil rights because of opinions
| he may chance conscientiously to entertain
sad commentary on religion whose founder
| put charity superior to all other theological
graces This is persecution; for man is de
prived Of rights for conscience sake" and
where persecution begins Christianity ends. Ii
is the ''gospel of the devil, not of Christ, who
never used any thing like force or violence bu,
once, and that was to drive bad men out of the
temple, and not to drive them in"
This rule of the Court continues in force by
virtue of an old law of Maryland, enacted before
the formation of the District. To the honor OF
that State, be it said, this illiberal provision is
done away with. The law now exists because
Of the silence of Congress on the subject, and 1t
becomes Congress to abolish this law, and allow
the Jew and Gentle, or men Of any persuasion
the privilege of acting in the capacity of an
attorney in Court within its jurisdiction
There may be some difference as to what is
meant in the oath required to be taken, but ii
surely means a belief in the divine and human
attributes of Christ-the Trinity in unity-in
who call themselves christian ministers Under
this rule of the court, some of the best men il
the world would be excluded from the priv
leges Of the Bar--men of Christian feeling, but
who may have opinions Of their own relating to
matters of religion-men, in short, who, disre-
gnrding creeds, believe that to do good to man
is to worship God.
Let us look at this matter in another light
Could q law, under the Constitution, be passed
by Congress which would make it a test in be-
slowing Office or allowing privileges, that the
individual should swear as to his belief in tn,
christian religion, or any other of the ten thou
sand religions among men? The Constitution
of the United States, article vi, third clause,
Qatter part expressly says: but no religious
test shall ever be required as qualification to
any Office or public trust under the United
States" Well, the circuit court of Washington
is in the "ten miles square :" it is within the
jurisdiction of Congress, and Congress acts by
and under the Constitution, which forbids any
religious test" yet the said court does re-
quire what is expressly forbidden by the highest
law of the land-that by which alone it can
exist Is not, then, the Constitution thus far
violated?
Again, in amendment 1st Of the Constitution,
we find that Congress shall make no law re
specting an establishment of religion, or pro-
hibiting the free exercise thereof" 1t does not
require very latitudinous construction of that
instrument to show that test qualification OF
religion in Washington city court is violative
of both its letter and spirit. Congress is pro-
hibited from interfering in any manner between
the different sects of religion. 1t is matter
upon which they are forbidden to legislate, and
by their silence they make the above test ld~
The Constitution derives no aid from its con-
nexion with religion either Christian Jewish
or Mohammedan, but leaves that to be settled
by conscience and its God.
| This may seem rather a small matter, but a
principle is principle all the world over and
as small as it seems, it is worthy the attention
of the Washington people, and Of all who wish
for the day
When books and creeds shall stand for nought
And men be quickened by Gods thought.
| WASHINGTON, June IL, 1851. l..