The sun., 1895-03-29
The Mayor Restores the Fundamental
Law OF 1777.

The first Constitution of New York was
adopted at Kingston by the Convention on
April go, l177. That day was Sunday.
The instrument completed and adopted on
Sunday contained provision dsqualifying
all clergymen for holding any Office, civil or
military, under the State The language of
Section 80 of the first Constitution is as
curious rs the doctrine which it enuncates
IL archaic:
"Whereos The minister's OF the gospel are by their
profession Dedicated TO the service OF COP the
cure OF souls and ought NOT to be diverted the
great duties OF their function: therefore minister
OF the gospel or priest of any denomination whatso
ever. shall at any time hereafter under any pretence
or description whatever he eligible to capable OF
holding, any civil military ONCE or place within
this State
The second Constitution OF New York was
framed by n convention at Albany in 1921
and ratified by popular vote in February Of
the next year. The provision rs to the non
eligibility of c,ercymen to Office was pre-
served, the language being unchanged. The
voters Of New York accepted it. along with
the rest of the new Constitution, hy vote
of nearly two to one.
1t was not until the next general revision
In lSiG, that the extraordinary provision
quoted above disappears from the Consti-
tuition of New York. For siX;y-nine years
ministers "f the Gospel in this State had
been deharred from one OF the first rights Of
citizenship, the right to seek and to hold
public Office. For only forty-nne years
have they stood upon the same ground as
other citizens in that respect.
Other States, III their earlier Constitu-
k,,kt I,nl IT,.
the public activity Of clergymen TO the ser
vice OF GoD ana the cure or care OF souls
Until 1863, in Georgia, rlcrgymen could
not DE elected to the Legislature. In Ken
tucky. up to 1850, they could not he
elected either Il th> Legislature or
rs Governor. In Louisiana. until 1868,
they conld not hold any office of
trust or profit, ln Mississippi and in Ten
nessee ministers Ct the Gospel were brack-
stsd with persons vino deny the being OF n
GoD, or a future state of rewards and pun
ishments," AS Ineligible for election to the
Legislature. In North Carolina and in
South Carolina the same disqualification
existed down to 1868. In Virginia they
were excluded from the Legislature until
1850. In Delaware and in Maryland the
case was the same. In Texas ministers OF
the Gospel were excluded from legislat i've
or executive office unit! 1868. when the new
Constitution of that year turned square
around by providing that no min
lister OF the Gospel or priest of any denom-
ination whatever who accepts seat in the
Legislature as Representative, shall, after
such acceptance, be allowed TO claim exemp-
tlon from military service. road duty. or
serving on juries, by reason ofhis profession" :"
In no other States than those mentioned,
80 far rs We nrc aware, has the Christian
ministry ever been II constitutional barrier
TO public usefulness in political office.
1t now appears that Mayor STRONG in
tends to restore, SO far as it may be In his
power, the obsolete principle that clergy
men, being dedicated to the service OF Con
and the cure OF souls, ought not TO give
attention to the public business The
other day the Mayor WAS reported as
announcing 10 committee Of gentlemen
who requested him to appoint the Rev. Mr..
DEvISsas aSchool Commissioner that he did
not intend to name any clergyman for the
School Board He was Of the opinion he
said, that the ether Commissioners could
not work harmoniously with any Que vino