The Washington herald., 1912-03-07

not to observe Sunday by law. The
] liberty Of conscience OF which they
were necessarily solicitous was the en-
1oyment of liberty OF conscience unmo-
Tested and unendangered by Sunday laws
with these fundamental facts in mind,
IL Is easy to discern the pointed clauses
in Washington's letter, that runs as fol-
lows:
IF I had had the least idea Of any dif-
| fculty resulting from the Constitution
adopted by the convention Of which had
the honor to be president when It was
formed so as to endanger the rights OF
any religious denomination, then / never
should have attached my name TO that
instrument II I had any idea that the
general government was so administered
| that the liberty of conscience was en-
dangered, pray you be assured that no
man would be more willing than myself
to revise and alter that part Of It, so as
TO avoid all religious persecution. You
| can, without any doubt, remember that
have often expressed as my opinion that
every man who conducts himself as q
good citizen Is accountable alone to God
| for his religious faith. and should be pro-
| tected In worshiping God according to
the dictates OF his conscience
And the further fact that this letter
was used by courts as a defense against
Sunday law prosecutions is full confirm
aliOu OI tnc IOECkOlnB presentation as 10
| the original intent OF the letter. An in
stance in point is the fact that In I7ss
one of these people in New Jersey was
prosecuted for the violation Of the State
Sunday law. In the Justices court he
was convicted. He appealed. In the
higher court the Judge read to the jury
Washington's letter, and the accused was
instantly acquitted.
And now the crowning fact OF II all
Na F9
tion OF the Constitution as regards the re-
lgtons liberty contemplated in the Con-
stitution, by him who presided over the
making OF II, and who was then, the
unanimously chosen first Executive 10
administer II. Than this there could not
possibly be any higher or prrer express
sion Of the intent OF the Constitution.
And by that which called forth the letter,
by the letter itself. and by the general
and even. judicial use OF the letter while
Washington was yet alive. the demonstra-
tion is perfect that the religious liberty
Intent OF the Constitution was and is ab-
solute freedom from the force and effect
OF all Sunday laws.
Therefore. beyond all question or SUBJ
terfuge. by the express intent of the
makers Of the Constitution. absolute lib
erty from all Sunday legislation is a
privilege and an immunity OF every citi-
zen OF the United States. And in the
provision that No State shall make or
enforce any law abridging the privileges
or immunit'es of citizens OF the United
States the fourteenth amendment makes
this liberty absolute in all the States.
Thus by uvery evidence OF language,
logic. law, and intent. the religious lib
erty OF the Constitution as a whole, and
OF the fourteenth amendment in partic-
ular. includes religious liberty from every
vestige OF every phase OF Sunday legisla-
ton everywhere throughout the United
States and in every State. And by this
complete and unvarying evidence of the
language, the logic, the law, and the in
tent OF the Constitution as a whole, and
OF the fourteenth amendment in particu-
lar, every Sunday law in every State in
the United States is made absolutely
void and of no effect.
Is This Liberty ReaIr
And that has been true all over this
broad land OF more than forty years.
And yet all this time legislatures. execu-
tives, and courts, State and national,
have gone steadily along IN the same old
way, just as IL the fourteenth amend |
ment had never been heard of. In many
in any that chose-of the States. the high |
est and most explicit privilege and i'm
munity of citizens of the United States, |
nave Oecn nOl only dOFlObeOs OUT ADSO- |
lutely disregarded- Citizens of the Unit. |
ed States have been deprived of proper |
ty, of liberty. and indirectly of life, by |
the enforcement OF State Sunday laws |
that were openly declared b. the United |
States courts TO be most certainly reli- |
gious,' and by procedure recognized by the |
same courts as 'persecutions.' just as II |
the fourteenth amendment had never ex- |
listed.
truth. q new charter OF liberty? Does |
1t really enlarge the scope OF human |
freedom Does It make effective the /
full intent Of the Declaration and the
Is that all true, as those |
who made it said? Or is the fourteenth |
a tantalizing figment?
That is all true, eternally true. The
amendment stands full and
true in all its life and power and majesty
to every citizen Of the United States, and
in every square foot Of every State. And
under II. no State shall make or enforce
any Sunday law.
However, this long lapse OF time, and
the actual experiences in so many places
felt in this time, since the four
teenth amendment was ordained and es-
have conclusively demonstrated
that no legislature, no court, and no
executive, State or national, can ever be
expected to take the Initiative in making
sffective to the citizens Of the United
States the guarantees of that amendment
against the abridgment by any State of
this supreme privilege and immunity of
citizens of the United States.
What, then? Shall this constitutional
guaranty go utterly by default? Nay.
nay; neveri The people, the people of
these United States, We. the people,
have ordained and established this Con-
and il is ever the original and
Infailing prerogative of we, the people
10 proclaim and maintain all the provi-
lions and guarantees of the Constitution
which we. the people, have ordained
md established.
"As the appointed and sworn agencies
of the people, 1t is the part and place Of
legislatures. courts. and executives, State
Ind national, to do this. All OF these
agencies are pledged by oath to do this.
But when these all fail as in this plain
natter Of the religious liberty of the ]
ourteenth amendment, they all for more
han forty years have most dismaIly
allied; then this prerogative, right, and
,ower. incapable Of annihilation.' rests
W additional tenure with the people.
The Duty of the People.
Here I am on ground. that though
lot at all uncertain is to most people ]
Unfamiliar. I therefore present author !
ty. L
James Wilson, of Pennsylvania, from
eginning to end, was a master spirit
4 the making OF the Constitution. He
aid: The supreme power resides in the c
eople and they never mart with II r