New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-10
peculiar emphasis to certain startling statements con
tanned. while DIR. wcolsey was resdns BIS pap'r' '"o
nav P,sbon smn.op acted ma Chairman OF the meeting
CONSTITUTION, GOVERNMENT AND RELIGION.
BY Ex-PREsIDEST THEODORE woolSEf' D. d. li-p''
NEw-HAvEN, CONN.
m. ..l.o.1 80. x,b;cb I have been requested

The subject on which have been requested
TO prepare paper for this meeting OF inc EVahgeicai
Alliance L. "The Attitude OF tho CONSTITUTION anu
Government OF the United States toward ohris"hn'
ity" III these words meant 10 inciuoe only tue
relations of the General Government 'o"aru Ooi'''
tanttv tho answer would DO short and easy The Con-
stution of the United States is written Instrument
oo,,rc. ,,,,tod nowers among which ia not included,
either eYnrcsalv or by fair interpretation the power
either 70 establish or to support any FORM OF rengon
wbatever In fact the first of the amendments 10 tno
Constitution, which was proposed III I'o'' oAPio'e'
provides that Congress shall make no ~" Respecting
an establishment OF religion, or pIonot,hR no i,o
cTerctse theTeofn Hence while II ~ on other accounts
CERTAIN that no laws of the United States could establish
or s%nnor Religion In any of the States, 1t Is equally
certain from this amendment, that no huch leRlsaoh
W - r,ritorv mot VET made State would be e0nstitu'
tIonaI Congress- could make laws t1uching marriage
and divorce for TsrTFy EI falls entrey Within
The nrov,nce OF the Immediate state power as iar US
those are concerned who are under US tbing re-
s0n would have any validity within the borders oil any
one of the Unsted States
pr, ro,ox rSnypryDEsr OF TUE GENERAL GOVERNMENT.
Such being tho nature OF the Constitution tho re-"
points where Christianity and the General Government
no, ,ho corsti,ution-come into contact OF small
,Dortonoo They are such as these l. The appoint
ment of cbapains in the army and navy In military ana
naval schools and for the Houses OF Congress Inc
recognition OF Sunday a. b0lusy lo 'no Shia, a.
sins cIsos might he violated. The power OF the
Courts consider on appeal contracts Vr aIy
or eleemosynary purpose with when IL Is aeeeu ,na
the states have interfereda power be IL remarked,
which relates contracts for such purposes ueoauso
they are contracts and not because ihey are religious
Tho nower under the general control exercised over
TerrilOrIes-whoh has been mentlOneuol hlnltus ,,o
powers OF ecclesiastical togetner viii otri
tons Thus by An act of 1862 corporations ana assOcb
lions for charitable reg0us purposes are not aoWeu
10 acquire and hold real estate IN any lettlloIy VI
greater value than $4,000, ana az sucn pIupeILN
Gured and held by body after this act are cscheate
United States. This statute IS OF Tue no1 OF
statutes OF mOrtuaries, ana mpnes noo Jv1iou' VI
religion but Of overgrown religious corporatons. u
Thus the Consultation Of the uen the pep
pie Mohammedans, under ths SAINT
similar departures III minor points ro 'o ~ ~,
absolute ignoring particular religious iatu "ouiu po
possible. .,., , A.. ..,,.,,to,
State toward the Christian religion. Hero Wluc HtIu
opens before us TO Explore which thoroughly would re-
qure far time than can be allowed 10 papers Ple
sened ia this Conference. The subject may De ioohCu
under three points OF view we may ASH MndC W.
the earlier religious institutions ana inc iecn6 ., o
Colonies before the ReyOlutiOnl how tho INSTITUTIONS
and feelings were altered what Is the spirit shown IN
the Constitutions and laws of the States Within Tue pres
ent centuryl and what Is the sober cOhVouoh oi an %
nominations OF Christians the more recent times IN
regard to tue relations Of Church and statef
COLONIAL PROVISIONS FOR CHURCHES.
An the earlier colonies with tho exception OF Mary
land-where the establishment of the Catholic Church
would have been Illegal according to English lawand
of Rhode Island-where first equality of all Christian
churches and faiths was n theory we'll practice
followed the mother country in regarding it to he the
duty OF the State to set some form OF Christian wOr
ship and 10 recognize nearly or remotely some articles
of Christian faith Such was the case IN most OF the
Puritan colonies, Plymouth, Massachusetts, Connecuout
N1w.Y0rR VINCE the E1gliSh Church was established
Ia New.YOrk the attempt to create an establishment
was made in 1898, OF too late day TO produce muen
effect. According TO Chief Justice william smith, the
Dutch colOnists belonging to the Cnurch oil HO-
land and members of other DENOMINATIONS num-
bered fifteen TO EpiscOpalianS 80 tual nowhere
impOlitiC and unreasonable. The Puritan
colonies and Virginia supply with the results OF
nearly similar experience They passed from the esab
shment Of exclusive form OF church Order through
The leading Puritan colonies. however. after concedng
gOus freedom 10 all existing denominations, halted
rues OF taxation 10 the support OF
thelr respective forms OF church. Virginia passed. IL
per Saifam, from liberation to the voluntary system.
THE FIRST ESTABLISHED CHURCHES.
In all the territory dydedin four parishes, where
he doctrine and discipline either of the Church of En-
gland as in Virginia. or Congregationaisn, in the
,ther colonies protected. Globes set apart
Every parish OF Virginia, aud manses built. Things
eft in the Puritan colonies more to the separate
churches In all at first other sects were not endured
In Virginia. before 1913 certain ministers from NeW-En-
gland sent for by of the inhabitants were
handed In Massachusetts, two OF the early colonsts
we're sent back to England because they favored the
worship of the Church OF England.
All the colonies agreed with the mother country In
Sunday by law. Attendance at church
equred In Virginia, and, II mistake not, in New-En
slaud. Sectaries, especially Quakers. were frowned
ipon by the laws OF all the colonies, and their
)iage for worship forbidden. In Virginia baptism
compulsory that every person refusing TO have
,is child baptized by a regular minister was anerced In
900 pounds OF tobacco. In two OF the New-England
colonies, in Massachusetts, and in NewHayen, until its
mon with Connecticut in 1865 church members alone
ould DO citizens with full powers. In the colonies Of
Sew Eu gland, while the ministers were held In great
aspect, marriage was exclusively civil ordinance
int I692 in Massachusetts, and 1924 in Connecticut.
Virginia being within the diocese OF the Bishop OF Lon
Ion the Legislature OF the colony had Independent
IL was a W n col
hes synOds were called by advice OF the Legislatures
we M in Can1eeten in liz prepared con-
esson Of IaIth aud scheme OF discipline which
epted by the Legislature as the legally enacted Church
order In the colony.
FREE WORSHIP ESTABLISHED
The federation act of the first william and Mary was
binding in all parts OF the dominons of England Under
md after this act all sectarans included within its pro
visions could have worship. But federation grew
everywhere In the colonies in the mother country
md finally the actual equality in the social systems OF
he colonies, rs well as the principles OF freedom OF
which tho Revolution was an outgrowth, carried the
colonies beyond the more fixed habits OF Old England.
Thus for example, III Connecticut, In 1923, two years
fter the first Episcopal Church founded, the laws
altered to exempt them from contributing 10
he parish worship and the same privilege was extended
o the Baptists two years afterward.
In Virginia QuaRers were allowed to testify an affirm
light of voting for Burgesses. Still. marriages could
celebrated only according to the forms In the prayer
,oOk The century marked here everywhere BY
liberation The important act OF 1919 abol
shed all past acts which made religious opinions Grim
nal or made absence from church penal. 1t declared
hat to be compelled TO support church contrary TO
onsclentous CONVICTIONS Is un ust and ordained that
III dissenters should be free and exempt from all taxes
md impositons for the support of the established
hurch whatever. Another clause suspended the old
ct for supporting the clergy by parish leyes. and
40 this act repealed. This followed the next
rear, by act dsayOwing all vesries, and appointing
OF the 10 discharge OF their functions
thus the last cord cut which tied religion 10 the
state. AS already said the egsaton IN the New
colonies did not go quite far but made all denomina
z IA hapa
lis tax far II went to the support OF religion 10 10
he minister OF his choice.
POWER AND SPIRIT OF TIE STATES.
Such the progress oflegsaton and OF public feeling
legislation the principal colonies where
here had been laws for the maintenance OF religion
We led TO ask next, what the powers and what
he spirit OF the States IN regard TO religion. The
sMer In regnrd To the nownrs Of the Stafes h aip