The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-02-17

StltutlOn, SIMPLY provinces tIlaL hO seCt Ut
sccts shall by Inv control any part OF the
school fund, and II Is not claimcd that In
that sense such result would follow by
any decision in this case. Seventh, Bloom
", Richards and MCGetriCh Is. WATSON
have 10 application to this case. Eighth,
We have nothing to To with tho cOnse-
qucnCGs Of tho proper construction Of the
law, The conscience must he subortlirI.
ted to the public good, just US we surren'
der other natural rights for the same end.
ISiiHS T0puL, supreme eat Ter Is the maxim.
Ninth, We arc not TO determine the re.
liGiOn, morality and knowledge intended
bY the Constitution. Tenth, II VIC wOr-
shin science or Art or collective wisdom,
&c, in any sense, md mako that worship
q manifestation Of our religious cOnvic-
tons, these resolutions would prohibit In.
struction therein. Eleventh, The pupils
of the High Schools read the Holy Bible
with appropriate singing, and the Greek
Testament, md there Is no complaint, nor
yet by children without parents, nor yet
by those who arc worse than orphaned.
Our common schools cannot be secular.
lied, though it is n question whether It
would not be better TINT they should be,
but in the view Of the Constitution which
we have taken, the resolutions are void;
in other words, the views Of the rcsOlu'
lions.
II way he said that Christianity is the
prevailing religion in tho State, not Of the
State. The moral sense of the people is
controlled by II, and whatever is opposed
undcrmincs the moral support of the laws
and corrupts the community. 1t Is not
claimed thNt the Bible does not teach all
the virtues and the grNccs that adorn pri-
vatc and public life. Finally, II thought
full survey of our individual weakness and
impcrtrctiOn will certainly teach us TO
cultivate spirit Of mutual lOrbearance
and clmrity, and sc shall the better labor
for the elevation Of our race, and spread
truth and civilization on the earth. The
Injunction must be made perpetual.
DISSENTING OPINION OF JUDGE TAFT.
Judge TAFT followed with II dissenting
opinion, treating separately the two reSO.
buttons passed by tho School Board, the
first of which CnHCts new rule prohibit
ing NIL religious instruction, and tho Sc
cont, repeating IN old rule, does away
with reading the Bible with appropriate
singing us an opening exercise. This reso'
luton interprcts itsclrby declaring 1t to
be the object thereof ITO allow the chill
Clrcn of parents ofall sccts and opinions in
matters Orfaith and wOrshiptO enjoy alike
the benefit of the common school fund"
There Is no reason 10 suppose that the
Board had any other object in view. The
great diversity Of religious iaitll in the
community seemed 10 them to require that
the instruction in the common schools,
which arc supported by general taxation,
be confined 10 secular knowledge and
moral ind intellectual culture in order to
carry out tho spirit and language Of the
Constitution, which guarantees religious
liberty and equality to all, ind prohibits
the application Of the school fund to Sec
tartan uses. The Board, meaning TO en-
cludc formal and special religious instruc.
ton, did not use the term "sCCtarian," for
fear that dispute might arise rs 10 the pre-
else meaning thereof. The resolution can
not he construed rs meaning to prevent
the incorporation Of extracts from the
Bible into books for instruction in reading,
nor does the presence OF such extracts
make said books religious, any more tlIan
the extracts from ancient classic authors
make them Pagan.
There is 10 evidence Of any official OPP
preston or abuse on the part Of the Board;
no disregard Of individual rights or Of sl-
cred things to justify interference from the
Court. lift has acted within its legal pow
er, That the Board has So acted is evil
dent from the iNCt, first, that while the
Constitution holding religion, morality and
knowledge to be essential 10 good govern
mcnt, dcvOlvcs the duty Of passing suita-
bic laws to encourage schools and the
means Of instruction upon the General
Assembly, IL neither preScrihGs the kind OF
instruction nor that religious instruction
shall be given IN all the schools CnCOur1Ig-
ed or in any Of them, but leaves the whole
matter to the discretion of the Legislature;
aud second, from tho fHct that the LcgiS-
lature, in the exercise Of its unlimited dis
erection in passing the law CstalIl Fishing the
common schools, does not prescribe the
kind of instruction TO be given IN them,
but leaves tho whole matter for the Boards
Of Education; and so fur from asSOciNting
the idea Of special religious instruction
with them, expressly prohibited any sect
or sccts from having any control of the
school fund. But the bill Of rights in u.s.
scrting "rcligiOn," together with "mOrali-
"" aud knowledge" 10 he essential to
good government, evidently means rcli- |
zion IN the broad sense of reverence md
love towards God and charity towards |
men. As means Of encouraging the cult |
walton of this sentiment, 1t directs the Gen
cnll Assembly TO pass suitable laws both 10
protect every religious denomination in
the pcaccablC enjoyment OF its own mode |
of worship, md SO encourage the schools
md the means Of instruction; but ii does
not appear that either the trainers of the
constitution or the legislature acting under
It's authority, were Of the opinion that
special religious instruction in the schools
was necessary 10 secure religion. AS
there Is nothing to show that they held
instruction In secular knowledge TO he
goddess or conducive TO irrGligiOn md
immortality, they may I've presumed to
have regarded all sound knowledge rs
promoting morals and religion. Espe-
ciully Is there nothing to show that they
thought it necessary TO give special re"
ligiols instruction In the common schools,
for the bill Of rights does not even specify
the kind of schools to he encouraged.
The argument for special religious instrtlC-
ton in the common schools under this
clause would make special religious in
struction necessary part Of tho instruC-
ton in all schools Of whatever character.
Another inStrumentAlity than the schools
for teaching religion Is recognized md
provided for in the protection Of all re-
iigiOus denominations. But il it he III
sisted that the provision in regard to re.
ligion Is not satisfied by the protection ol
ali religious denominations, but requires
the passage Of laws encouraging schools,
&c, even then 1t does not follow that