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

meni, and had circumstances permitted,
this cause would not have been ordered
to trial on the Jewish Sabbath. But
when a continuance Tor copsr'ence's sake
is claimed as a matter Of right. the mat.
ter assumes a different aspect. 1t hns
never been held, except in single inst.
ance, ,ha, the course of justice may be
obstrucied by any scruple or obligation
whatever The sacrifice that ensnes
from an opposition Of conscientious OBJ
jeclion to the performance Of II civil duty
ought, one would think. to be on the part
OF him whose mo raj or religious id,s,n.
cracy makes it necf ssary; else DENIAL
of the lawfulness of capital punishment
would exempt a witness from tesriiying
to facts tina, might serve to- convict u
prisoner Of murder, or to say nothing Of
the other .unctiunarcs Of the law, excuse
sheriff Tor refusing TO execute one cap.
italy convicted That is an exemption
which no one would claim, yet il would
inevitably follow from the principle Insist.
ed on here" In Commonw. rs l.esher,
II S. & r., l55, the question arose
whether II was good cause Of cha allenne
To jaror, by the Commonwealth in
capital case, that he has conscientious
scrupes on the subject Of capital punish
ment. The question: remarks Glib.
son, e. J., "has been argued in par, as il
ii stood on challenge by the juror
himself. 1t would be more difficult to
sustain such a challenge than tia, which
has been made b, The Attorney General
1t is declared i'll the constitu,ion, TART. 8,
Y3) that no human authority can in any
way control or interfere with the rights
OF conscience But what are those rights,
Simply right to worship tile Supren.
being according to the dictates OF the
heart to adoP. any creed or hold IN.
opinion whatever on the subject Of rel,--
ion, aud to do or loreber to d". any II
the dong or forbearing OF which is n,
pre- judicial to the public veal. Blu, sn ~
popnli snprema lea is q maxim of uni,-,.
sal applications; and when liberty of Coll.
science would interfere with the uaia.
mount rights Of the public, it ought Ia
be restrained. Even Mr. J. ferso,,
than whom more resolute champion oi
liberty never lived, claims no indulgence
for anything that is detrimental to socic
y, though 1t springs from religious b
lief or no belief at all. His position Is
that civil government is Instituted oni,
for temporal objects, and that spiritual
matters are legitimate subjects of CIV.
c"gnizance no farther than they may stand
IN the way Of those objects. He denc,
the right OF society to intefere only when
society Is a party in interest, the q,,es,i,n,
aud the consequence being between the
man and hls Creator. But as far as ,hr
interests of society are involved, its right
10 interfere on the principle Of self.prt-
serval'on is not disputed. And tins
right is re>olvabe into the most absolute
necessity, ;or were the laws dispensed
with whenever they happen to come INTO
collision wHh some supposed religious
obligation, government would be per.
pe'u"ly falling short Of the ex,.tncy.-
There are few things, however simple.
that stand indifferent in The view of all
Setts INTO which tie Christian world Is
Divided
The conscientious beliefnf religious
duty furnishes nu,legaI defence to the do.
,ns or reiusing 10 do what the S,ate with.
|" It's constitutional authority may II.
qnie. II II were so the Obligations of IA
statute "uuid depend not upon the viii
OF the State buI upon It's conformity win
The relisi"us convictions OF its members.
! When il c"lIlIc, arrises, as it u.ay, L,.
tween the requirements Of law and ,hu
"olisalnhS h conscience, Zach man II ust
determine his course ui action according
/" hls views # dun, aud oi right.
The clalm an the parl Il the plaintiff
has been argued as a q .esilon oi s,r,t
right As such, wltaont leicrruce to
"hat may be wise T exp. d,en,. Il has
bee" considered and determined by the
Court.
The trust conferred upon those Who
have the snperm,endence OF our public
scho"ls Is happily inferior IN Importance
I" that of the adimD,siraiiun uf the gov.
er"men,. ludtcd. the eo,rrnusmt its. Il
depends IN II" Sigh, des,ee upon the
education Vi those by wh.m it is here.
alter 10 De controlled Amid the vari.
Gus and nnhictihy differences on moral.