Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1855-06-15

! er. Her claim TO be exempted from
general regulation OF the school rests en-
tirely on her RELIGIOUS belief, and is tc
the extent that the choice of reading
books shall be in entire subordination TO
her faith, and because it is her fafh:-
The preference is manilestly given, if,
in the selection To be made, the defend
ants were bound TO defer to the doctrines
and authority and teachings Of the sect
Of which she is a member. The right
Of negatlon is, in ITS operation, equivalent
to that Of proposing aud establishing -
The ight Of one sect TO inlerdict or ex-
purgate, would place all schools in SUBJ
ordination to the sect interdc,ng or ex-
pugating
If the claim is, that the sect Of which
the child is member has the right of
lnlerdiction, aud that any book is to be
banished because under the ban of her
church, then the preference is practically
given 10 such church, aud the very mis-
chief complained. is inflicted on others.
If Locke aud Bacon and Milton and
Swift are to be stricken from the list of
authors which may be read in schools,
because the authorities of one sect may
have placed them among the list OF her
etlca. writers whose works it neither per-
mlts to be printed, nor sold nor read
then the night Of sectarlan interference
in the selection OF books IS a. once
yielded, aud no books can be read 10
the reading oil which II may not assent.
Because Gallleo aud Copernlcus and
Newton may chance to be found in come
prohbitory index should be educated in
ignorance of the scientific teachings Of
those grea, philosophers , If the bible,
or a particular version of 1t, may be ex.
cluded from schonls because its reading
may be opposed to the teachings of the
authorities Of any church, the same re.
suit may ensue as To any other book. -
Ii one sect may object the same right
must be granted to others. This would
give the authorities of any sect the right
to anuul any regulation of the constitute.
ed authorities of the State, as TO the
course ot study, or the books 10 be used
1t is placing the legislation of the State,
in the matter OF education, at once and
forever, III subordinatlon To the DEGREES
and the teachings Of any and all sects,
when their members Conscientious " be.
lIeve such teachings. 1t at once sur.
renders .he power OF the State to gov.
ernment not emanatlng from the people
nor recognized by the constitution.
The ease finds, that the authorities ol
the sect of which the plaintiff IS mem.
Der, regard II sinful to read IN the version
directed by the detendants-but II q
! book Is TO be excluded for that cause, II
one Instance, II must be IN ALL and the
use Of books would be made to depend
no, upon the Judgmen, Of hose 10 hon
The law en:ruSts their selection, but upon
thai of the authorities of a church, SC
that .ueh sect would have precedence as
i sect, aud for that tause
From the report, ii appears that the
pI1ntlti. from conscientious religion,
sc uples, refused to read in the verslou
dtsl .na,ed by the defendants as the one
10 be used, and that she AM! her fithe
both regarded It as sinful So 10 do, bo,l
having been so taught by the authorize,
of the church Of which they were mem
bers.
As the suit is by the child, as her
rights only are alleged to be violated
the conscientious religious views of tbs
father are not involved in the delermina
] tlDu vi tilis ttC - W II
for the purpose of Obtaining compensa
ton, nor is brought on account Of all,
infraction Of his rights, The real inqui
ry is, whether any book opposed TO the
real or asserted conscientious views q
a scholar can be legally directed TO be
used as a school book, in which sGcl
scholar can be required to read The
claim. on the part Of the plaintiff, is thai
each and every scholar may set up lis
own conscience as over and above The
! law. /, is the claim of an exemption
from general law because 1t may con,
fict with the particular conscience.
The action being by the scholar, the
invasion being OF its rights, it is appar
ent, that il the fact Of opposition to con
science on tho part of child affords a
well-grounded reason for ITS excmpiio.
from the general rules OF the school-
that II NAV operate 10 the exclusion o