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

ludl lub Dlll NhuIlOl Dt vi hhO
proposition as to the constitutional rights
OF the orators. But having regard to the
character ofthe subject, and to the scope Of
the arguments that have been addressed TO
us, we are disposed to consider that propo-
siion In broader view.
To this end, suppcs Sc the children of the or
ators 10 be the orators, and TO have set forth as
true eofthemselves all that the bill contains as
to the church, and the day, and their priest,
and the application TO, aud refusal by, their
teachers and committee, and the attending
on the religious services, and the being
excluded from the schools, and the action
of the committee In respect thereto and to
have been answered in every material re-
spect as the bill of the orators is answered.
In such case the ground OF complaint and
remedy would he, that their (the child
ren's rights under Art. III. had been vio-
lated by the action ofthe committee. Could
1t he maintained2 This is really the ques-
ton which counsel for the orators seem to
regard as being before the court.
This brings into consideration the scope
and purpose of that article of the cOnstitu-
ton. 1t is noticeable as bearing on the
subject, that this IS the first instance of the
assertion of what Is now claimed for that
article. Tho article was in the original
constitution OF l777, and has been continu-
ed from that time to the present. In that
original constitution, also, the 40th section
was, "A school or schools shall be estab-
llshed in each town by tho legislature for
the convenient instruction of YOUTH" &c.
BY the revision of l7S5-ratfied in 1856
that article was changed in phrase, but not
in sense or effect, and thus it has remained,
being Sec. Al in our present constitution.
The legislature, In pursuance of said pro-
vision OF the constitution, has been con-
tinuously making provision for such
schools and such schools have existed
and been in operation in all the towns in
the Slate down 10 the present time, with
great variety of detail as to organization,
administration and requirement, even TO
compulsory attendance by force Of specific
enactment. While those two articles QII.
and AZ have thus, side by side, been in
force to every practical intent, all forms OF
religious belefand unbelief, characerzing
the various sects aud denominations of
men relatively to religion, and all forms Of
church organization, based on such forms
of belief, have been in existence and oper-
alton, with all the details of religious wor-
ship and service, professedly involving the
conscience and its demands peculiar 10
each differing sect; and yet this is the tlrst
instance in which it has been asserted that
the administration OF our common public
schools under the cotemporary constitu-
tion in that behalf and the enacted laws,
has violated any rights accorded by said
Art. III. 1t is 10 be noticed still further,
that, while those two articles have been in
force, and the successive legislatures have
been enacting laws, under which schools
have been going on through the immediate
agency and action OF committees and teach
ers, vested with the same official authority
as those now in office, Councils of Censors,
charged by the same constitution with the
duty of noting infraciions of that iusiru-
ment by the legislature, and vesied with
the function of initiating alterations of the
constitution itself, have been chosen aud in
official action every seven years, and yet
nobody has suggested that the legislation
under Sec. Al, or the action OF committees
Sec. Al itself, has trenched on anybody's
rights Of conscience under said Art. III.
This is stated, not as showing that the ac-
ton of tie committee in this case did not
violate such rights, but as showing that the
present claim for that article by these ora
tors is of nOUel impression, as we say OF a
proposition, or question of law, when for
the first time presented for judicial consid-
Grafton.
1t now behooves that we should call to
mind what, as matter of history, was the
occasion, and what the purpose of that Art.
III. The history of the Puritans in Eng
land, and especially of those who were
known as the New England Pilgrims,
shows the occasion and in this regard il is
in point TO refer TO the religious history Of
the continent of Europe for several centu-
ries next prior 10 the formation of our gov
ernmeHt. The government of England, and
the governments OF the continent had no
written organic constitutions defining the
powers of the governing authority on the
ono hand, and defining and guaranteeing
the rights and privileges of the subject on
the other. The subject lived in subordna-
ton to the w-making ard law-executing
power-he individually, or all the subjects
collectively, not being recognized as hav-
ing rights and privileges, only as they
should be accorded TO them by those pow
ers. The British idea OF the British gov.
ernment was sharply expressed in l775, in
the answer, written by DIR. johnson, TO the
resolutions and address of the American
IN,
have the power of disposing, Vithout ht
consent Of The subjects, Of their hves, liberties
and properties" ['rhe Italics are in the au'
thsntic print.l Sovereignty was not de-
rived from the subjects, but il supervened
upon them by ''divine rt0kt," in the form
and character of what was called SHE GOV
etTment." Church and state were indisso
lubly connected, the church dogmatizinf
the faith, and the state enacting it into lega
require nent, with disabilities and penalties
The disabilities on the score of religious
faith and practice, which subjects wer
made to experienee-the penalties tina
} confronted non conformity in England-th
horrors which hunted and avenged imput
cd hereSy, al times, both in England ant
on the continent, had made those who wer
not of the religious faith required or ap
, proved by the governing powers, and VIII,
} for that reason had gone forth TO the desc
lalions of the desert and the wilderness t.
escape the eye, and ear, and arm of sucl
powers, feel and appreciate the importance
in creating governments for themselves
! of seeing TO 1t that such government
should not have the right, ut least, TO sub
: iuqale lhem 10 like disabilities. ner aliie