The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-11

OOQu0CSlOu
this patriotic purpose is, that when we define our
rights hastily, whether regards principle or an
International boundary line, it may happen that
after having asked more. we may finally be COM
PEELED to take less Whether regards private con-
tracts public treaties it is well known law that
it requires two or more parties to make bargain.
It must be within the recollection Of General Cass
that few years ago we had fixed a northwestern
boundary line on which we had determined to stand
fall. But this before the consent Of the other
party had been obtained; and when the matter
came to bargain, we allowed the other party to
undefiue our position and to slide us of from our
chosen line to another two or three hundred miles
south of it.
have been quite amused at the eloquent denun-
Citations by General Cass of absurd maxims and
wicked pretensions OF the part of civil governments
to control conscience dictate or prescribe to their
subjects what they shall believe. In that part of
his great speech have the pleasure to agree with
him. 1t is probable, however, that he thought, as
many Of his readers will have though! that he was
dendncing Catholic principles. The fact however,
enments that fell under the real weight Of bis cen,
sure we're Of his own school. brief RETROSPECT. o.
the condition Of Europe, both previous to and since
the reformation. will make this point clear. All
people of those States had but one religion.
That religion was older than their civil govern
ments. Consequently their civil governments
never dictated to them what they should believe.
And when Gen. Cass speaks Of the arrogance and
impety of civil governments debating to their peo-
pie what they shall believe, what they shall not
believe, he makes, without, perhaps, being aware
OF it, an exception in favor OF Catholic governments,
down, at least, to the period Of the reformation.
The civil laws OF those countries were, in many
spects exclusive and intoerant. But, then, since all
(fOr might use the word all though occasional ex
ceptions arose. were of the same faith, and had
desire to change, the laws were substantially limo
cuous in tho absence of objects on whom they might
be executed. Then came the reformation. The
reformation resulted in the formation Of States on
A1.a. NI4Iz nrNk ko,s xhA.n kta
form Of the ne religion was determined on by the
civil governments l am not aware of o single
Catholic State-except, perhaps, it be Spain-which
has since passed any laws especially directed
against Protestants. On the other hand, do not
know single Protestant State in which the govern
ment did not attempt, and carry out by special laws
those very acts which General Cass so eloquently
deI ounces. When General Cass finds jurists sus-
tanning such pretended rights of the civil govern
mens he may be sure that they do not belong to the
school of st. Thomas Aquinas, or Suarez or the
other great publicities that have been numerous
in the Catholic Church. These were men who
never put the philosophers cloak with the view
of playing the tribune either towards their coun
trymen or their race. They were men who de-
rived their principles of human law, of government
whether civil or ecclesiastical, from the same SUI
preme and eternal source. They fattered neither
kings nor people. They feared God, and feared few
besides. They were not the men who wrote OF the
divine right Of kings. They held that government
is by divine right but that the individual sovereign
or ruler in such govern ment is of human right And
if had been possible for General Cass to have CON
suited their pages, he would have discovered that
they maintained the rights and dignity OF human
nature from the highest to the lowest member Of
ciety.
There is no difference between General Casss con-
ception of conscience as a moral faculty and mine.
He, however, betrays the rights and liberty Of con-
science, as understand it, by identifying this mo-
raj faculty with the outward actions which sup
posed to manifest its dictates from within. ocvil
government that ever existedhas or had either
~
or extinguish mans conscience. 1t is beyond the
reach OF government. They might as well attempt
to pass laws regulating the exercise of memory, as
regulating the decisions of mans conscience This
freedom of conscience, however, General Cass has
identified with outward action and on the other
hand by recognizing the rights of civil government
to control the outward actions of men, he has be-
trayed conscience into the hands OF the magistrate.
All human law has for objects either persons or
things or acts: and beyond these human legislation
cannot 60. Conscience according to my distinction,
does not come within the reach of law, but as UNI
derstood and represented by General Cass, he hands
II over into the domain OF civil government. and
ConiouDds it with things over which that govern
ment has acknowledged rights and legitimate pow
er of interference. ! am bound therefore to vndi-
cate IL liberty Of conscience in reply to the dan
gerous doctrines of General Glass;
When the early Christians appealed to the Roman
Empeiors through the Apologus of their Justins
and Turtullions, pleading for liberty of conscience,
they did not thereby claim the right to do all the
good in outward actions which their consciences
would have approved. They pleaded that they
might not be compelled to do any act which the
law OF God and the law of their consciences had
forbidden. At one time for instance, glorious
CONFESS or of the Christian name was called upon
by the civil magistrate to offer sacrifice to the
pagan gods. He refused, because he had higher
law IN his conscience. What then! He was put
10 death-he became martyr. At another time,
some tender Christian virgin was required to sacri
flee her chastty-she refused and was sent to the
wild beasts. In some instances, indeed, torture
fhn cftaDt fail
than God. But in all this, which is an extreme
case, had the whole strength of the Roman empire
power to destroy the rights Of conscience, 9TH.
"libety of conscience" the "freedom of conscience
in the heart of either Of these glorious martyrs
this supposed apostate? Assuredly not. General
Cass thinks that if the "senticnt being is exposed
to physical suferines, the freedom of conscience is
in great danger, if not absolutely lost. Every one
KIN that this is position. II is only
when human weakness yields to suffering in such
circumstances, that conscience asserts her highest
power. The individual feels himself degrade in
his own estimation. Conscience told him, at the
moment of his yielding T. a sinful compliance,
Masking his declaration contrary to hers, that he
was base hypocrite; and that same conscience did
not fail TO vindicate the sovereignty by her con-
tinued frowDs and reproaches.
General Cass has not taken the pains to dstin-
guish the whole Office Of conscience. II may be ex-
pressed in brief words: The whole duty OF man is
to " avoid evil and to do good" Now, although
evil and good relative TERMS and not judged of
at all times and in all places by the same standard.
nevertheless, conscience is the faculty whereby the
distinction is made, A thing may seem pora!ly
evil to o man. He cannot do L without SHINING,
Offending God, and offending his own conscience.
Another thing may appear good, and there is no
obligation on him to do it, even though his con.
science approve, unless the circumstances warrant
its performance. The decalogue says" Honor thy
father and thy mother" This il an affirmative pre-
cept, which requires that, at proper times, and in
proper circumstances, we shall honor our parents,
but does not require that we should be always thus
occupied. "Thou shalt not steal" This is mega
tive lrecept and there is time, place, or cir
clinsiarce in which it is lawful for to steal SO,
IL the order Of negative precepts, man may not do
thont sin any act which the voice OF his conscience
tells bin is wrong. He may, indeed. have an
erroneous conscience, and be mistaken as TO the
hirii sic morality of the act; but STILL until his
conscience shall have been enlightened, or, as
Cereal Cass expresses it, improved" he must
ati by its dictates, and avoid doing what it has
ruled to be unlawful Hence, il any Protestant,
American or not, who, travelling or sojourning
in Catholic State, should he called upon by
the civil power to make q declaration or TO do an