The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-07-10
Written for THE PROGRESSIVE FARMER.l
POPULAR TALKS ON LAW.
Religious Liberty.
BY WIN. @.

WOEdl4IS dAu AAO"40OS0
are generally assumed to be essential
to good government. The Ohio Con
stitution so declares.
Religion in the sense here used means
the religion of mankind, and not the
religion of some one class of men. The
constitutions of nearly all the States
declare that there shall be free exer-
else on the part of citizens of religious
profession and worship, without dis
elimination, but it is not to be under
stood that constitutional provisions
looking to this end prohibit legislation
concerning religion, or avoid legisla
ton tending to promote religion.
In this country, to all persons is con-
ceded the full and free right to enter
tain any religious belief, to practice
any religious principle, and to teach
any religious doctrine which does not
violate the laws of morality and prop
erty, nor infringe personal rights. The
law knows no heresy, it contributes to
the support of no dogma, the establish
ment of no sect. Laws cannot inter
fere with mere religious belief, they
are rather made for the government of
actions; practices and not opinions are
the subjects of legislative control.
The words 'religion"and religious, "
although used in the National Consti-
tuition are not defined in it. The word
religious" is found in Article 6, Clause
8, where it is provided that mo relig-
ious test shall be required as a qualifi-
cation to any Office or public trust
under the United States" The first
amendment reads, Congress shall
make no law respecting the establish
ment of religion, or prohibiting the
free exercise thereof" The only way
to get at the meaning of these provis-
ions is to refer to the history of the
times in which thy originated. Be-
fore the adoption of the Constitution
the people were taxed for the support
of sects to whose tenets they could
not subscribe, and punishments were
prescribed for non attendance upon
pOO11C WO16AlPS III CNOA LII ONOOA 81
ing heretical opinions. In Virginia, in
1884, the legisture had under considera-
ton a bill establishing provision for
teachers of the Christian religion.
Strenuous opposition to the bill was
developed, and a remonstrance by Mr..
Madison, n~umerously signed, declared
that religion, OF the duty we W the
Creator was not within the c~ognizance
of civil government. The proposed bill
was defeated, and at the same session
a bill for establishing religious freedom,
drafted by Mr.. Jefferson, was passed.
About a year later the convention
which framed the Federal Constitution
met. The instrument as framed and
adopted contained no declaration eX-
pressly insuring freedom of religion.
At the first session of the first Con-
gress, however, the first amendment
was proposed by Mr.. Madison, depriv-
ing Congress of all legislative power
over mere opinion, and leaving it free
to reach all actions which are in viola
ton of social duties or subversive of
good order. Mr.. Jefferson said of the
amendment, 1T builds a wall of sepa-
ration between Church and State" 1t
cut off the means of religious persecu-
ton, excluded rivalry among Christian
sects, and prevented any National
Ecclesiastical establishment. The gen
eral, if not the universal, sentiment
was that Christianity ought to receive
encouragement from the State so far
as not incompatible with the private
rights of conscience, and freedom of
religious worship. Any attempt to
level all religions, to make it a matter
of State policy. to hold all in indiffer-
ence, would have created universal
disapprobation, if not universal indig-
nation, says Mr.. Story. This restric-
ton in the Federal Constitution of
course applied to the United States
Government alone. 1t made no pro-
vision for protecting the citizens of the
respective States in the exercise of re-
ligious liberty. That was left to the
constitutions and laws of each State.
The provision against religious tests
was intended to cut off every pretense
of alliance between State and Church,
and prevent any sect from securing a
monopoly of the Offices of government.
The constitutions Of the States also for
bid the establishment of any particular
religion. However broad may be the
meaning Of the words religious" and
religion" as found in the constitu-
tons of the various States, these words