The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-12-01

sRELIGiOUs TOLERATION."

tern House of Refuge, at Rochester, IN
granting the right to the Catholic inmates
thereof to worship according TO their pro-
fessed faith 10 new Illustration or phase |
of religious liberation in this country. To |
make this right complete and practical, an |
additional chaplain, to be of that faith, is
to be appointed as soon as may be. This
action is based upon the legal opinion of
Henry A. Selden, on of the ablest lawyers
of Western New York, who Pounds his ar
gument on the constitutional guaranty of
the Stree exercise and enjoyment of relig-
ious profession and worship" He holds
that this right is not forfeited by crime,
that convict of sufficient mental capacity
to determine the question of belief, is en-
titled to have that belief respected, and
that an attempt TO force his attendance
upon religious service other wise conduct
ed, is a plain violation of the constitution.
Asa pure matter of constitutional law, Mr..
Selden may be correct if so, it is MAJ
ter of great Importance, not only to New
1OTk, Dut W cNcIN otilci otdtc III thO uhiO"'
In this particular instance, we most cor
daily approve of the action of the man
ayers, Law or no law compelling them
thereto. Our sympainies in this and
similar cases has always been with
the Catholics, IS they would
have bee with the Protcstants if
the case had I,,n reversed and con-
victs, reared as Protestants, were compelled
to attend religious worship conducted ac-
cording to the rites of the Roman Catholic
church In all refo. matory and penal in
stitutions, moral and religious instruction
must, of necessity, constitute a pat of the
means used for the we'll being of the con-
vict both while confined in the prison and
after discharge thcrcfrom. How far the
state is bound to furnish religious nstruc-
ton to each convict according to his own
professed views becomes Immediately
practical question. if Mr.. Selden's opinion
is to be regarded as sound law. Once es-
tabi,h the rule that the attendance of a
convict could not be compelled at a rel-
gious worship conducted by a chaplain of
a different denomination from that which
the prisoner claimed to believe in, and
where would be the end? The end would
be that all religious worship must be
abandoned, or that some dozen or more
chaplains must be appointed, representing
every possible sect from the Catholic down
60 ,hn EJI,, ;,,A IS ,;r;t l., ho
larger reformatory and penal institute ms OF
New York, where such proportion Of the
inmates are Catholics, it is well to make a
suitable provision for such chaplains as
they would heed. We should quickly
make the same claim, on the same plea, for
Protestants confined in Catholic reforma-
tories. Our constitution is, il anytDing, even
stronger than that of New York in the guar
anty of freedom of religious worship, and If
Mr.. Selden's construction is correct, YER
mont is bound either to furnish Catholic
chaplain for our state prison or relieve the
convicts of that faith from all compliance
with the rules requiring attendance at
prayers, Sunday schools and religious wor-
ship. The same course must, also, be pur-
sued at the reform school. But state action
cannot stop here. The same provision
must be made for the Jew and the Protes
tant of every shade of religious or denomi
national belief. If it is violation of thu
constitution to compel Catholic convic
to attend religious worship conducted by
Protestant clergyman, and oice rersa, is i
not equally so to compel an Unitarian con
vict to listen to a discourse from Congre
gational chaplain, or for Baptist, Congre
ga'ional or Episcopal convict to attend t.
the ministrations of an Unitarian ? Ant
what shall we do with the followers of tn
Eddy prophets ? Before adopting Mr.
Seldens construction, we believe that tn
courts would look at the object intende,
TO be secured by the provision, and no
carry it to the absurdity to which stric
verbal construction might lead.