The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1885-03-21

The ninth lecture in the course was deliv-
cred before the students of the Westminster
Theological Seminary on Monday evening
last, by VIM. L. Seabrook, Esq, of the West
minister Bar; subject, "The Pastors Relation
to the Civil Law The Introductory portion
of the lecture was explanatory of the meaning
of the civil law, as distinguished from the law
of nature, the revealed law, the law of nations,
&c. The lecturer next devoted considerable
time to the discussion of the provisions of the
constitutions of the United States and of all
the States as bearing upon the subject of an
establishment of religion in this country,
showing, that while nearly all the States have
guaranteed to every individual the broadest
religious liberty and freedom of conscience,
and that in none of the States is there now
any established form of religion, that there is,
nevertheless, in most of the States, an estab-
hshed religion, citing in proof OF this position
numerous decisions from various States, no.
tably the case of Updegraf VS.. The Common
wealth I'll Serg. & Rawle, 394), in which the
Court said that ''The Christian religion is
part of the common law of Pennsylvania
and the case of Runkle VS.. Winemiller a I'll.
& McH, 429), in which the Court of Appeals
of Maryland said: by our form of govern
ment the Christian religion is the established
religion" Recognizing as they do the neces-
sity of religion, although not seeking to direct
mems consciences by laws, the laws and
courts of the various States take notice of the
fact that for the diffusion of the principles of
piety, morality and religion, there must be
teachers to instruct the people, and they have
everywhere sought to protect them, not only
in the enjoyment of their civil but also of
their religious rights.
The speaker next proceeded to show by the
citation of large number of opinions of the
Supreme Court of the United States, and of
the Courts of Appeal of the various states,
that where, in dealing with the civil rights OF
clergymen, ecclesiastical tribunals 20 beyond
the scope of the authority voluntarily cen
ferred upon them by those over whom they
hold jurisdiction, the civil courts will always
review their decisions and protect the indi!
vidual in the enjoyment of his civil rights;
and that even where religious questions arise,
and the clergyman is in danger of being de-
graded from his Office or salary, he may APP
peal to the civil courts to determine the ques-
ton whether the church tribunal, by which
he was tried, was regularly organized and
acted within the limits of its jurisdiction.
The lecturer then spoke of the disabilities
imposed upon clergymen by many of the
states, making them ineligible as members of
the Legislature, &C.; the privileges granted
them, in Maryland exemption from military
service, and in other states from jury service,
road duty, &C.; the fact that the Maryland
law makes the pastor member of the body
corporate of his particular church, and his
duties in that relation; the duties imposed by
the state of Maryland upon clergymen in re-
lation to the celebration of the marriage rite,
and the penalty for marrying persons unlaw
fully, and for failure to return the marriage
license to the clerks of the circuit courts.
The lecturer closed with a strong appeal to
clergymen to teach that, while marriage is
regarded by the state laws as a civil contract,
that it is in fact more than a mere contract,
other contracts being made by men, this by
God himself. He spoke of the laxity of the
marriage laws and the divorce laws in some
of the states, and advocated an amendment
of the constitution of the United States to
make the laws relative to these subjects uni
form throughout the states.