The Washington herald., 1912-03-07
THE RELIGIOUS LIBERTY OF
FOURTEENTH AMENDMENT
AlonzO 7. Jones Addresses Largest Meeting He Has
Held in CapitaI-Shows All Sunday Laws Void
and of No Effect

of citizens Of the United States" it spe-
cifically and authoritatively extends this
privilege and immunity of every citizen
throughout all the several States. and
prohibits any and every State from maxi
ing any law, and from enforcing any
law already made. in furtherance Of the
old order Of things Of religion or relig-
ious things recognized and enforced by
law.
This is the unacceptable logic OF the
fourteenth amendment itself and Of
the plain words OF those who made It
left to the logic OF II. sure as this Is.
We have the plain declaration that Just
that was intended to be its scope and
force. AS already stated, James G.
Blaine was one OF those who had q ma
terial part in making the amendment.
He also wrote the history OF Il. Who
ever II most acquainted with the whole
story. will most readily perceive that
Mr.. Blaine's history and exposition OF
the amendment II practically a digest Of
the debates on the resolution in the
House and the Senate. OF the religious
liberty feature Of the amendment he
says:
| The language of the fourteenth
amendment is authoritative and mands-
tory. mo State shall make or enforce
any law sbridging the privileges or i'm
munities Of citizens Of the United
States" Under the force OF these
weighty inhibitions, the citizen Of for
eign birth cannot be prosecuted by dis
eliminating statutes. Nor can the
Catholic. or the Protestant. or the Jew,
be placed under ban or subjected to any
deprivation of personal or religious right.
The provision Is comprehensive and abb
| solute, and sweeps away at once every
form Of oppression and every denial Of
justice. 1t abolishes caste and enlarges
~ f.TrW~ NJ
creases the power Of the republic to do
equal and exact Justice to all its citi-
zens, and curtails the powers Of the
States to shelter the wrong-doer, or to
authorize crime by q statute. Twenty
Years OF Congress, Vol. II, PIP. SS-uL
1T makes absolutely void and Of no
effect every one OF those provisions,
whether Of statute or OF constitution, OF
the old systems OF church and state or
established religion that are still nursed
in Maryland, Massachusetts,, Mississippi.
Georgia, the Carolnas, Delaware, Penn
sylvania, or OF any other OF the original
States: and everything Of like nature in
any other State. The privileges and i'm
munities OF every citizen Of the United
States on the subject of religion in law
or by law are clearly defined and fixed
in the national Constitution. And these
privileges and immunities Of the citizen
OF the United States are primary and
paramount in all the States. all those
lingering. nursed, and coddled provisions
OF the decrepit old church and state sys-
TENS to the contrary notwithstanding for
a moment They were all quenched more
than forty years ago.
Includes Sunday Laws.
And this includes every Sunday law
in every State or municipality through |
out the whole nation. In the preceding |
speeches have given the indisputable |
evidence that all Sunday legislation ever |
in the world has been and is exclusively |
religious and ecclesiastical; that Sunday. |
being an institution and an observance |
wholly Of the church, its recognition or |
incorporation in the law of any State is /
OF itself the union Of church and state: |
and that the enforcement of any Sunday |
law ever, anywhere, is the enforcement \
OF a religious idea. and of submission |
to the institution and authority OF the |
church, and that the church Of Rome.
An Sunday legislation, being only re-
ligious and ecclesiastical, is positively |
excluded from the eognizance Of the gov
eminent Of the United States, and ex-
plicitly from that Of Congress: Congress |
shall make no law respecting an estab-
Iishment of religion, or prohibiting the |
free exercise thereof In truth, in prin-
ciple, in intent, and in fact, that provi-
sion of the Constitution prohibits every
phase or thought of Sunday legislation
as certainly as II II read, Congress shall
mako no Sunday law
That this inhibition was intended to
include Sunday laws is certain
First, from the notorious fact that
the Sunday laws Of the original States
that made the Constitution, were so es-
sentially Of the established religions Of
those States that Il was impossible to dis
criminate them from those establish
ments of religion:
Secondly, from the fact that then
there had not yet been evolved the Judi
cial casuistry that without a twinge or
blush can turn an avowedly religious
statute into mere civil regulation"
and
Thirdly. from the fact that in all
the States that had any part in making
the Constitution, except Virginia, there
were nothing but established religions,
and there was neither thought nor room
for thought on the part of anybody, that
Sunday laws were or could be anything
else than essentially Of those State es-
Establishments Of religion
The national Constitution was intend
ed to cause the national government and
the American people to stand forever
free from every vestige Of that old order
of things. of which all those national
men had had experience enough. This
Is lHe one LuOuBnt OF every word OF that
clause Of the first amendment, Congress
shall make no law respecting an estab-
lishment of religion, or prohibiting the
free exercise thereof
Those were Intentionally pregnant
words telling to all people that none of
those old establishments Of religion, nor
anything pertaining to them, that had
the States and cursed the
people, should ever have any recognition
or place in the national government, and
should no more afict any citizen Of the
United States.
Yet 10 make the national government I
tself thus free was all that the makers !
'f the Constitution could Just then ac-
ually do. The fourteenth amendment /
however, does accomplish in all the | 4
States, and for all the people Of the Unit :
ID States, what originally could be done !
'nly for the national government; and :
10 completes the splendid design which r
he national fathers Originated but could r
lot then perfect-full and complete re- :
igious liberty throughout all the land to ! +
III the inhabitants thereof.
Washington and Sunday Laws, /
Finally: That the Inhibition of the !
lrst amendment includes Sunday legis- :
alton is certain from the fact that we = =
now that this was the direct intent of =
he makers OF the Constitution IN the
making OF it. The famous letter of
George Washington, August 4, I7ss, on
eligtous liberty, Is well known. But =
here Is not well known the fact that =
d this Justly famous letter Sunday laws :