The times., 1897-06-07
NAY THE GOVERNMENT AID2
To the Editor of The Times:

To the Editor of The Times:
Since The Times reaches the people 10
greater extent than any other newspaper
In Washington, would be glad to call the
attention OF the public, tbroughits columns,
to subject OF much interest at this
iuncture.
For many reasons thoughtful men are
asking what construction should be placed
ON tbefirst amendment TO the Constitution
whether that amendment prohibits all ap-
propria tons TO charitable and sectaran In
stitutions, or whether 1t allows Congress
'.tc promote the general welfare" by as
sisting such institutions indirectly, If not
directly!
If the authority of those who partici-
pated In The formation of the Constitution
is OF any value, we are bound to believe
that any appropriation OF public money for
either religious or charitable objects is
prohibited, IL it involves dona-
tion to private corporation. For, on the
21st OF February, 1911, President Madison
vetoed a bill to incorporate a certain Prot
estant Episcopal Church in Alexandra for
three reasons; that is 10 say, using his
own language, Because the said bill sx-
ceeds the rightfuI authority of govern
ment as limited by the essential dis
tinetion between the civil and reiig-
ious functions In general"
Secondly, because it violates "in par
ticrlar the article OF the Constitution of
the United States which provides that Con-
gress shall make no law respecting an es-
tablishment Of religiOn;" and thirdly, Be
cause the bill ests III the said Incorporated
cburcb an authority 10 provide for the sup
port of the poor, and the education of the
poor ebil5lren OF the same; an authority
which being altogether superfluous, If the
provision is to be the result OF pious
charity, would be precedent for giving
toreligious societies, as such. a legal geney
in carrying into effect public and civil
duty"
On the 2Sth of the same month Madison
vetoed bill granting a certain parcel
of land to the baptist Church at Salem
Meeting House in the Mississippi Territory:
Because the bill, in reserving a certain
parcel Of land OF the United States for the
use OF said BAPTIST Church comprises a
principle and a precedent for the appro-
priatlon Of funds of the United States for
the use and support OF religious societies,
contrary to the article of tie Constitution
which declares that Congress shall make
no law respecting a religious establish
ment.''
If Congress had no right TO pass either
OF these bills for the reasons assigned By
President Madison In 1871, has it the right
to pass similar hills now? Has the first
amendment been abroeated by any subse-
quent amendment, or has tie institution
merely become obsolete? Are statutes and
departmental rulings superior TO constitu-
tioual provisions? II these questions were
brought before the Supreme Court in a
regular way, what would their decision
he? There can be no doubt that the court
would hold that the Madisonian interpre-
tation of the Constitution ON this point
10 be correct That court has already tle-
fined the relations of church and state IN
this country in several cases. Two OF
these cases are reported in fourth Whea ton.
one IN second Howard, and one in SO
United States Supreme Court Reports.
mean the BAPTIST Church case, the Dart
mouth College case, The Girard viii case,
and the Mormon Church case Public men
who would act inteIligentIy on the ques-
tion OF sectarian appropriations would do
well to read up on this subject Prudence,
as well as consistency. requires that the
Constitution be respected.
JOHN r COLvIN
Washington, June /