The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-31
Archbsshop Hughes' Cathoasc Chapter. -.
LIBnsrY or CONSCIENCE STATES R1suRy1D RiaHf.
WASHINGTON, March IL, 1859.

we are indebted to the constitution Of tho United
States for the religious liberty we now enjoy Well,
I am willing to admit that those ofus who live I'M
der the exclusive jurisdiction of the general govern
ment-none other-have protection in the provi-
sons of that instrument in respect Of religious iber
ty and similar TO that which was enjoyed by the
people of Maryland under the proprietary govern
ment-both charters prohibiting intolerance And.
il honor is due to the people of the old thirteen
States who engrafted the prohibition into the CON-
sttution rather than to the Congress which is thus
prohibited, 80, for my own part, ratncr nonor
King Charles the First and his priyy council ioT the
liberal spirit which pervades the charter Of Mary
land, than Lord Baltimore, to whom the grant was
made, and his colonists, who had no hand in its
formation; but who, with the proprietary himself,
restrained by its provisions from committing
acts of oppression, by and bye will show by ex-
tracts from the charter.
. As soon." says the Archbishop, g as the States
had approved and confirmed the provisions of the
constitution it natural that they should adjust
their local charters in accordance with the prnci-
pies of the great instrument of federal union"
The fact is, the people Of the States, in their Sc
yeral conventions, had ratified the constitution some
years before the provision referred to by the Arch
bishop became part of that instrument; audit was
in accordance with the desire Of those very con-
yentions that il became so. Ii is manifest, there
fore, that instead of wishing to adjust their State
constitutions in accordance with any religious princ
pies Of the federal constitution, the desire and
twas gratifed, to adjust the latter in conformity
with those principles of justice and liberty already
glowing in the bosoms of the people Nevertheless,
much difficulty asexperiencedin dissoving the con-
nec.ion between Church andState. The last act OF
the kind done only about twenty years ago which,
believe completed the business. Some Of the
States. as he correctly represents, commenced IL
beral system with reference to the rights of con-
science, some years before the formation of the con-
stituton. Virginia is not named by the Archbishop
in this category, though her act for establishing
religious freedom was passed in l7s6, three years
before the constitution of the United States went
into operation, and five years before the clause con
corning religion engrafted in it, Mr.. Jefferson,
representing the Prcsbyterans and Quakers, and
Mr.. Madison the Baptists. were chiefly instrumental
in efecting this The bill was drawn up by Mr..
Jefferson and the preamble and act both being
markablc an extract of sentence or 50 may not DO
amss =
ssWel aware that Almighty God hath created
the mind free--that all attempts to infu-
ence il by temporal punishments or burdens, or by
Interpretations, tend ony to beget habits OF hypo-
crisy and meanness. and are departure from the
plan Of the Holy Author of our religion who being
Lord both of body and mind, yet chose not to
propagate it by coercion either, as was in his
almighty powerto do--that the impious presump-
ton Of legislators and rulers, civil MS well rs eccle
siastical, who, being themselves but fallibe and
uninspiled men, have assumed dominion over tho
faith OF Others setting up their own opinions and
modes Of thinking as the only true and infallible.
and as such endeavoring to impose them on others,
have established and maintained false religions
over tho greatest part of The world, and through
all time--that to compel a man to furnish
contributions of money for the propagation Of
opinions which he disbelieves, is sinful and
and tyranncal," SC. Be it, therefore enacted by
the General Aaembly-That no man shall DO
ship place or ministry whatsoever, nor shall be on
forced, restrained, molested or burthened in his
body goods, shall otherwise suffer on account
OF his religious opinions or belief; but that all men
shall befree to profess and by argument to maintain,
their opinions in matters of religion; and that the
same shall in wise diminish, enlarge, affect
their civil capacities We are free to declare
that the rights hereby asserted are Of the natural
rights of manknd and that if any act shall be
hereafter passed to repeal the present, narrow its
operation, such act will be an Infringement of
natural right"
The Archbishop, in his third paragraph, reierates
and insists that the clause in the constitution in
correctly quoted by him, and which gave correct
ly from the constitution itself, in my first number,
guarantees to all the people OF this widely extend
ed Union, the perfect and perpetual equality of
religious rights and freedom OF conscience You
understand. sir. doubt not, that the ground stake
Is that the clause in question does no such thing
IL guards against any act OF Congress nothing
more: and think | have offered arguments, in
cludingthe extract from Judge Story's common
tarcs sufficient TO satisfy any one of the correct
ness Of my position, which is. aiirmatively, that
the whole matter ofreligion belongs to the States,
and not to the general government But lest any
should still doubt will quote what Mr.. Madison
says in his report on the celebrated Virginia reso-
buttons, of this clause, and of the view taken
OF by the Virginia Convention, where il was first
suggested, and before it became part OF the con-
stitution. The federal government is composed OF |
powers specifically granted, with reservations of all
others to the States or 10 the people. (ln the |
clause referred to by the Archbishop there is no |
power grantcd) Here, says Mr.. Madison. after
repeating the language of the Virginia Convention.
sis express and solemn declaration by the con-
venton Of the State, that they ratified the consti-
tuition in the sense that right OF any denomina-
tion be cancelled, abridged restrained, or mo
di6ed by the government ofthe United States, orany
part Of it, except in those instances in which
power Is given by the constitution, and in the
sense particularly that among other essential rights
the liberty of conscience and freedom OF the press
cannot be cancelled, abridged, restrained or mod
fed by any authority OF the United States Words
could not well express in fuller, or more orcible
manner, the understanding OF the convention, that
the liberty of conscience aud freedom of the press
were equally and completely exempted from all |
authority whatever OF the United States
Under an anxiety TO guard more ehecsuaily
those rights against every possible danger, the |
Vrgina) convention after ratiiyinig the constitu-
tion, proceeded to prefix TO certain amendments pro-
posed by them, declaration of rights, in which are
two articles providing the one for the liberty OF
conscience, the other for freedom Of speech and OF
the press" Again:
Both Of these rights-the liberty Of conscience
and of the pressrest equally the original ground
fnot being dele gated by he constitution, and conse
,uently withheld from the government. Any con.
tructon therefore, that would attack this original
ccuiity for the one. must have the like effect on the
Hher."
Mr.. Madison's argument, in the controversy about
he alien and scditon laws, completely refuted the
ederaist doctrine OF constitutional authority re-
specng the liberty Of the press, and which is now |
started afresh by Archbishop Hughes, as to the
liberty Of conscience and made the Roman Catholic
doctrine; but he may rely il, it is doctrine that
will never be swallowed by tic people Of the States
If the constitution of the United States did really
guarantee to all the people Of this Union--as he
ontendsperfect and perpetual equality ofreligious
lights and freedom OF conscience, then would the
lause in the constitution Of New Hampshire, disa-
bling Roman Catholics from holding office, be
eally "a dead letter." not, however, for the
eason assigned by the Archbishop-the Catholics
Ct that State being very few-but because the con-
titution of the United States, being the supreme
aw OF the land, is paramount; and then this now
Objectionable feature in that constitution, being null
and void, would present cause for complaint on
be par, Of Roman Catholics But, the matter
oaliy stards tho Arehbsho allegation of incon-