The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1860-09-28

was to protect from compulsory attendance
upon religious worship, it does not exclude
the Bible from our schools. Its reading is
not compulsory attendance upon religious
worship within the meaning of the constitu-
ton, as is evident from context "or erect or
support any place of worship or maintain
any minister" The design of this provision
was to protect the subject from compulsory
attendance upon religious worship as such.
This doctrine has been established by the
courts. If the government, in exercising a
necessary power for the good of the public,
make requirement, without the direct ef-
feet of prosecuting, Furnishing, restraining or
hurting any one for his religious opinions,
though his religious belief indirectly is the
occasion of his being abridged in his civil
rights OF conscience, as they are recognized
does not infringe upon the rights Of con-
science as they are recognized in our Consti-
tuition. Now this is not direct compelling
OF attendance upon religious worship. Re-
ligious worship is but an incident to the
school. Whatever would be suffered by ex-
pulsion would be indirect and incidental
which, although it might have been OCCASION
ed by religion opinions, was not the direct
effect of the requirement, nor any part of its
object.
Another clause, Mr.. Adams claims, proh5-
its the compulsory use of the Bible as an act
of worship "nor can any man be justly de-
prived or abridged of any civil right as a
citizen, on account of any religious sent-
ment or peculiar mode Of religious worship"
These provisions" says Justice Wilde, re-
ferring to those protecting the rights of con-
science in our constitutions, "were intended to
prevent prosecutions by Furnishing any one
for his religious opinions"
The authors had in view and designed to
prevent such enactments as were formerly
found in England, restricting men of peculiar
religious belief from holding places of honor
and trust under the government They did
not mean to restrain ninety-nine Protestants
from exercising the rights of conscience in
opening the public schools by reading a chap
ter from Gods word, because such exercise
would infringe upon the rights of one Papist.
1t was novel kind of republicanism in which
the rights of the individual are recognized
as paramount to the rights of the many.
have been taught that as compensation for
the protection which society affords to the
individual he. on entering it. is called upon
to give up certain personal rights. whenever
they conflict with the rights of community
This is the doctrine of the text books. Is it
urged that schools are public and all tax-pay-
ers have vested right in them? Chief JUS
tice Shaw has held that this is not an abso-
lutte but common right, and to be enjoyed
as public common rights must be enjoyed
subject to restrictions and conditions made
Tor the good of all. Says the Supreme Court
OF Me-: "sol"s populi suprema lea is max
i'm of universal application and when liberty
of conscience would interfere with the para
mount right of the public it ought to be re-
strained. Even MIR. Jefferson, than whom a
more resolute champion of liberty never
lived, claimed no indulgence for anything that
is detrimental to society, though it springs
from religious belief or no belief at ALL
His position is that civil government is insti-
tuted only for temporal objects and that
spiritual matters are legitimate subjects of
civil cognizance no farther than they may
stand in the way of the objects. AS far as
the interests of society are involved, its
right to interfere on the principle of selfpres.
ervation is not disputed" Says the Supreme
Court of Maine in decision involving the
use of the Bible in the public schools, if its
use conflicts with the Sd article of the Consti
tuition, 1--WE have already quoted the clause
which was claimed to prohibit its use) much
more so do those laws requiring the observ
ance of the Sabbath:
This question involves one of the nices
points of constitutional law. Our consti,u
tions provide securities, confer and limit DOW
ers and recognize rights. These rights il
practical operation sometimes conflict, eacl
with the other. In such cases, says learn
ed jurlst, "some adjustments and compromi
ses must be made. Several such have beer
established by judicial decisions, the neccssi
ty of which will be acquiesced in by all rea
sonable men," AS an instance: the Atheist
or he who disbeleves in future existence
of rewards and punishments is abridged il
his civil rights, in that he is denied the exer
else of privilege which is granted to al
others except felons,-that of testifying in
court of justice. The first day of the week i
, set apart by law for rest and worship. Blu
the Jew believing the seventh to be the tru
Sabbath is compelled by his conscience to Oh
serve that, while the state exacts the observ
ance of the first; whereby he loses one da
, in seven, which is granted to his more fortu
I nate neighbor. Quakers are ineligible to ju
, dicial office because their consciences Wi
not allow them to administer oaths. The
are also required to bear arms. and on thei
refusal so to do are subject to penalties
"Has Brahmin or any other religionist
constitutional right to separate hospital, Q
=, Jail, or alms-house, because he scruples {
. eating what has once been endowed with az