Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1876-03-03


general Assembly," Sec. Al of that consti-
tuition OF 1777 was: Claws for The encour-
agement of virtue and prevention of vice
and immortality shall be made and con-
stantly kept in force and provision shall
be made for their due execution and all
religious societies and bodies of men that
have or may hereafter be united and incor-
porated for the advancement of religion
and learning, or for other pious and charit-
able purposes, shall be encouraged and pro-
tected in the enjoyment of the privileges,
immunitics and estates which they in jus
lice ought to enjoy, under such regulations,
as the General Assembly OF this State shall
direct" 1t is thus seen, that, in the orig
inal constitution, /" the encouragement of
virtue and prevention or vice and immor-
ally" were associated In the same section
with tho provision for the protection and
encouragement Of religious societies, and
bodies of men, united and incorporated for
the advancement Of religion and learning"
That section did not embrace or conlem-
plate "the schools in each town"-they, TO-
gether with zone grammar school in each
county, and one University in this State,"
constituting the separate subject of the pre-
cediug section.
BY the revision OF 1856, that section 40
was incorporated into said section Al imme-
diately afler the first clause, as is shown by
section Al OF our present constitution, al
ready recittd. From all which 1t is pldin
that, in those early times, religion. and
learning, under the constitution and the
L., l.
patible, and that schools of all grades, from
the ''schools in each town" 10 the universi-
ty, were to be the subjects of legislation un-
der the constitution; and ii is especially
plain that the schools in each town." AS
early as 1876, were combined with, If not
given the precedence TO, religious societies
and bodies of men, as an instrumentality of
the government, by means of laws, " for
the encouragement of virtue, and preven-
tion Of vice and immortality" In conclus-
ion on this topic, as We cannot improve, so
we adopt the language OF Judge Poland, in
Williams y. School District in Newfane, 80
VT. Rep. p. 275-"Without making further
reference TO the almost numberless acts Of
the legislature, exhibiting the most active
walchfulness and fostering care for the
cause Of popular education, enough has al
ready been stated to show that the whole
subject Of The maintenance and support Of
our common schools has ever been regard
cd in this State, as one not only of public
usefulness, but of public necessity, and one
which the State in It's sovereign character
was bound 10 sustain"
We now procsed TO remark, that it stands
out so plain as not to be matter for debate,
even IL it be not expressly conceded, that
schools, in order TO realize the intent of tho
constitution in their behalf, must be sub
jected 10 system and order under estab-
lishcd rules. Hence, the law charges the
committee with the duty OF adopting all
requisite measures for tho inspection, ex-
animation, and regulation of the schools,
and the improvement Of the scholars in
learning" Gen. Stat. eli. %, sec. SO.
Let it be granted that parents aud others
may, upon their own respective reasons,
control the attendance OF the scholars, as
against the official right OF the committee
in that behalf, and practically, the ground
of system, and order, and improvement,
has no existence. For the parents and
guardians of the scholars may, each on his
own motion, and on his own notions, with
hold their respective scholars from the
schools. In this respect, so far as its effect
on the schools is concerned, It makes no
difference whether the occasion and motive
involve conscience, will, whim, or the
pocket.
Now, when this matter OF conscience, as
| - l..
brought 10 the test, the practical result OF
what is claimed by the orators in this case
is shown 10 DO so impracticable, not other
wise to characterize 1t, as TO preclude fur
ther discussion. Ifa Catholic citizen should
be serving on jury in the midst OF trial,
when divine service in his church on holy
Corpus Christi should DO in progress,
would it be a violation of his rights under
said Art III. TO compel him 10 keep his
seat and serve through the trial? The same
may be asked Of the Jew or the seventh
day Baptist, who should be required TO do
like service OH Saturday. The same may
be asked OF a devout Methodist, when a
camp meeting or love feast should be in
progress in his viciuage. If either or all
should refuse 10 serve, would their rights
of conscience under Art. III. be valid de-
fence in a prosecution for the penalty in
such case providedf Suppose a Catholic
sheriff should have in his hands some pro-
cess which it became his official duty to
serve during the time that divine service
In his church on some holy day should be
in progress, would his rights OF conscience
under Art. III. be good plea in bar to an
action for official default by reason of al
tending said service "for conscience sake"
instead of making service Of the process
But enough OF lest and illustration.
Let ii be repeated then, that, that article
10 the constitution was not designed TO ex-
empt any person, or persons of any sect, on
the score of conscience as 10 matters Of re-
ligion, from the operation and obligatory
force Of the general laws of the State, au-
thorized by other portions of the same in
strument, and designed 10 serve the pur-
poses contemplated by such other portions
it was not designed to exempt any persons
from the same subsection that others are
under to the laws and their administration
on the score that such subsection at times
would interfere with the performance of re-
ligious rites, and the observance of relig-
ious ordinances, which they would deem
il their duty to perform and observe bui
for such subjection. While all stand on
equal footing under the laws, both as tC
benefits and privileges protfered, and as tC
exactions made, aud liabilities, and penalties
imposed, no ones rights of conscience, al
contemplated by said Article III. are vi
olated in legal sonse.