Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-08-21

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tees are upheld in tho enforcement of rcgu-
lalions which, though adopted solely with
a view to efficiency and discipline, are
maniiestly aud directly opposed to indi-
vidual rights OF conscience, either of pupils
or parents, il is certainly high timo that We
begin to enquire whether we have Con-
stitution which protects the one from the
tyranny Of the many, and guarantees libcr-
| ty of conscience, or not. Our State Const-
tuition, as quo,cd by Judge Wheeler, dis
tinctly declares that "no authority can or
ought to he vested. in or assumed by any
| power whatever that shall in any case in
terferc with or in any manner control the
| rights of conscience in the free exercise OF
religious worship;" and yet, according to
\ the Judge, district school committee may
establish and enforce n regulation which
interfcres with or ignores this right of con-
science, provided that said regulation was
not adopted with the direct intention of
such interference. 1t is not the fact of the
interference, but the intention of the COM
mittee in so interfering, that constitutes the
ground of the Judges decision. Is this q
fair Interpretation of the constitution and
laws of our boosted commonwealth May
| the conscieuces of honest citizens be thus
| trifled with even in the name of the public
! good? The Judges decision on this point
may be legal, In narrow restricted sense,
| but that IL is in in accordance with the true
principle OF freedom and broad, liberal
| Interpretation of the Constitution of the
| State, we cannot believe. If such be the
| case-if a majority, or the representatives
| of majority, "ior the public good" and
with good "intentions," may override all
individual rights, including the rights of
| conscience, at their will, then why have
any Constitution at all-or any Judges, as
for that matter? If Judge Wheeler is cor
rect, it would appear that were it not for
the fact that the Constitution expressly zen
joins all Sects and denominations of Chris
tiaDs to observe the Sabbath, our school
committee might some day make a rule
requiring scholars TO attend the district
school on Saturdays and Sundays, on the
ground that the efficiency and progress of
the schools was interfered with by the two
days of non-attendance. When district
school committee may establish and en-
force regulation which utterly ignores the
right of conscience, it becomes a question
whether the Constitution was really intend
cd to be anything more than the embodi-
ment of a few "glittering generalities p
1t also becomes question whether our So
called "free school system" is not a mis-
homer whether il wasn't intended sim
ply for ProteStants and the children of
Protestants2 Whether Catholics, jews
Seventh Day Baptists, and free thinkers,
have any rights which people of the more
numerous denominations are bound to re-
spect?
We make these suggestions, he il UNDER
stood, not from any feeling oil hostility to-
ward our school committee, nor from dis
regard for the welfare and efficiency OF our
schools. We have their welfare deeply at
heart. We regret, exceedingly, that this
question has been forced upon the district.
We wish that our schools could go on as
heretofore, and that the Catholics, as for
merly, would allow their children to ac-
cede to all the rules which the committee,
in Il cir experience and discretion, have
adopted for the welfare and progress of the
schools under their charge. We wish that
il could be made TO appear that no right of
conscience was concerned in the difficulty
But the Judge, in admitting the sacred
character Of the obligation resting upon
Catholics TO observe the feast OF Corpus
Christi, has yielded this claim, and we
see no way TO escape the conclusion that the
committee in refusing to Catholic pupils
the free exercise of their rights of con-
science in the matter of public worship,
have exceeded their authority and inlring-
Ell upon the Constitutional rights of por-
ton of the community from whom they
deriye their power, and whose interests
they were chosen to serve.
But il is in view of the consequences
likely to grow out of this decision (uness
reversed by higher COURT that it is chief
ly to be deplored. Should the final de-
cision in this case accord with that pro-
nounced 10y Judge Wheeler, the result will
be the entire withdrawal of Catholic chill
dren from our public schools, and the
building up of separate institutions of
learning wholly under the influence and
control of that denomination. Already
this measure is proposed by the Catholics
of Brattleboro and believing as we do in
the great importance of free schools as safe
guards of our national liberty and agents.
the most powerful which could be devised
for the uprooting of social and religious
caste and intolerance, and for the amalga-
nation and naturalization of the people OF
this country, we sincerely hope that Judge
Wheeler's decision will be ovcrruled by
the tribunal before which the case will
come for final decision.