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


that the free exercse and enjoyment OF re-
ligious profession and worship, without
discrimination or preference, shall forever
hereafter be allowed within this State TO
all mankind: Provided, that the liberty OF
conscience hereby granted shall not be so
construed as to excuse acts OF licentious-
ness, or justify practices inconsistent with
the peace and safety of this state"
When our constitution was first framed
and adopted, no occasion had been given
for regarding the grievance that is now
complained of; so, such grievance could
not have been In mind as an object special
ly TO be provided against in tho milking Of
that Art. III. On the other hand, the gov
ernment- making people of New England,
in the causes that had led TO its first settle
ment by tho Pilgrims, and by their child
ren, and by after emigrants and their child
ron, had ever deep and fresh in mind oc-
casion aud reason for the provisions of that
article. And nothing could moro fully,
pointedly and specifically indicate the ma
ture of such occasion and reason than tho
language Of the article itself. 1t was de-
signed by II TO secure to every subject
equal civil rights, Irrespective of his re-
ligious faith so that his being Catholic
or Protestant-his being a Cavinist, or
an Arminian-his being an orthodox evan
gelicSl, or a free.thinker-hs being Bap-
tist, or a Universalist-an Episcopalian, or
a Quaker, should not make him the object
Of discriminating legislation, or judicial
judgment TO his disadvantage, as compared
with those OF different faith and practce,-
so that no law should he aimed or executed
against him because lie professed and prac-
ticed one FOL IN ofreligious belicf,or disbelief,
rather than another, within the limits of per-
sonal immunity consistent with good order
and the peace OF society under the govern
ment. II was designed TO debar the lawn
ing and law-administering powers from en-
acting, or adjudging, that, unless the subject
should profess prescribed system of faith,
aud become a member of a prescribed re-
ligious organization, and conform in his
worship to tho prescribed ritual, be should
not he entitled to the same personal rights,
privileges and enjoyments under the gov.
ernment as those who should do 50. 1t
was designed 10 secure absolute equality
before the law Of all subjects under the
law, whatever might be their faith, or no.
lions in the matter Of religion. And as
result, may not Catholic be n Catholic, as
freely as a Protestant may be Protestant,
with no law aimed at him because he is
Catholic and not a Protestant? 1t would
seem to be trifling with momentous sub
ject, 10 claim that Art. III. was de-
signed 10 prohibit the Legislature from en-
acting any law, the carrying into effect Of
which might interfere with the wishes, and
tastes, and feelings of any Of the citizens in
the matter OF religion, and even with the
performance Of religious rites that should
be regarded as matter of conscientious
duty ON the part of some OF the subjects OF
the realm. Government, with reference 10
the ends designed TO be secured and served
| by its existence and action, is altogether n
practical maiter-not speculative, ianciful,
sentimental, or impracticable. II performs
its functions, and works out lis results, by
the instrumentalty of laws enacted and
laws administrative adapted TO the
subjec,-matter of them, and TO the accom-
plishing of the ends designed, and oporat-
ing equally and alike upon all who come
within their scope.
One Of the chief ends Of the govern
'ment is to provide means and facilities
| for developing, and educating, and train
ing the young into virtuous and in
telligent men and women. This is recog-
nized and emphasized by the section OF the
constitution already referred 10 as to
schools and which since l7sG has been in
these words: Laws for the encourage
ment Of virtue and prevention Of vice and
immortality ought TO be constantly kept in
force and duly executed, and Il competent
number OF schools ought 10 be maintained
in each town for the convenient instruction
OF youth"
As already suggested, the constitution
proceeds upon the assumption that this can
be done consistently with Art. III. Inpur-
suance Of that assumption, the legislature,
through the whole course of our existence
as State, has been active and earnest, and
considerate, in the making of laws for the
existence and support and management OF
what is meant by ''schools in each town."
In so doing it has never aimed to make,
nor has it ever made, any provision that
discriminates or distinguishes, in its opera
ton, between persons of different religious
sects. All arc subjected alike 10 the law
and It's administration. The M ethodist who
regards his camp meeting as demanding as
much of his conscience, as the Episcopalian
does his Christmas or Lent the Epis-
copalian, who regards the feast aud fast
days Of his church, as demanding as much
of his conscience, as the Catholic does his
holy Corpus Christi; the Congregationalisi
and Presbyterian, and Baptist, and other
sects, who care for none of these things
and whose prayer meetings and protracted
meetings demand as much of their con-
sciences, as in the case of the others before
nomed, and the man of no preference and
no religion, all, and all their children, are
subjected alike to the school laws, and tc
their administration.
Art. III. was not designed TO subjugatC
the residue of tie constitution, and the
important institutions and appliances of the
government provided by the enacted laws
for serving the highest interests of the pub
lie as involved in personal condition anG
social relations, to the peculiar faith, per.
sonal Judgment, individual will or wish o
any one in respect to religion, however hii
conscience might demand, or protest. II
that respect it is implied, that, while thu
individual may hold the utmost of his re
ligious faith, and all bis ideas, notions, anC
preferences as 10 religious worship auC
practice, he holds them in reasonable sub
servency 10 the equal rights of others, ant
to the paramount interests of the public a
depending on, and to be served by genera
, laws aud uniform administration. Rights