The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-04-30

The proposal to throw open the Centen-
NAL Exhibition to visitors on Sunday is not
received with universal favor. Many per-
sons strenuousy object 10 it. Others argue
that TO shut the doors on that day Is to
make an intolorant and unlawful distinc-
ton in favor Of the religion OF tho ma
jority. The constitutional requirements
of religions liberation which exist in every
state, they say, prohibit us from imposing
an enforced and outward respect for tho
Christian Sabbath upon those whose faith
precudes the possibility Of any real re-
spect for the day. Are these DIRECTORS
nght7 To answer this question we must
inquire TO what extent is Christianity in
fact the law of the land.
On this subject, 1t is a matter OF course
first to consult the leading works on Amer
lean constitutional law. Most OF these tell
Us in substance that Christianity is u part
of the law of the land in IA modified sense
and for certain purposes. This language
IN too indefinite TO afford much aid. II Is
only by AN examination OF the funda-
mental law itself, and careful study OF
judicial decisions, that we can ascertain
the true legal status OF the Christian reli-
gion ia this country.
Tho Constitution Of the United States
prohibits Congress from making any law
respecting an establishment of religion, oil
prohibiting the free exercise thereof, and
also provides that no religious test shall
ever be required as qualification to any
Office or public trust under the United
States. The several States were left free
,.1t rfs xuit hai nsr
as they chose They might establish
churches or exact Il @ severest religious
tests. The principle OF religious tolera
ton, however, appears in every state Con
stitution, aud in many of them the broad
est enjoyment of religious liberty is guar
Rntecd. The so-called liberation clause II
perhaps nowhere more strongly wordct
than in the Constitution of New York
Hero il provides that :" the free eXercls'
aud enjoyment OF religious profession nn'
worship, without discrimination or prefer
ence, shall forever be allowed in this stat
TO all mankind" Tho only limitation o
This comprehensive grant is that it shall
not be so construed rs to excuse acts
liccntiousnoss, or justify practices incou
,istcnt with the peace or safety OF tn
state.
Tho common law OF England, as II 81 ~
at the BEGINNING Of the American rcvoli
ton, sui cct to any changes mado by tn
legislature aud excepting portions repul
liant 10 our Constitution, Is ana always Ia
son the law of this State. 1t has bee
':nilarly adopted in many other States
VD,ably in those formerly included with
Of
,.l1n this fact ia based the most obviou
n;tument in favor of the legal recognitio
o. Christianity. That Christianity is pan
4; the common law OF England cannot we
hs disputed. IL was once denied by III
1t" JAMES +. BRADY, when arguing a ca
before the Supreme Court but the prop
s'ion IS supported by conclusive nuthorit
iccludube Sir MATTHEW HALE and Sir WI
VAN BLACKsrONr. While no one conten
- At the adoption OF the English oommC
Nv in this country established the Ang
ca Church in any Of the States, II Is sa
a. have established the Christian religio
t"Huse that was part OF the CONNIE
'n'' independent Of the church establs
- ut.
FhH correctness of this view Is support
~ 'nhclal adjudication in this State.
"-l the old supreme Court sustained
49, uoh at common law, for blasphCI