Year: 1862

very properly entrusts the public eSidenc-
ing Of the contract. TIE recognition of
them as civil public officers is the very es-
sence of Church and State and evidently.
heretofore, our laws have not intended this.
as they have required no oath-ot' office, but
simply license from the county court to
protect against imposition. If am cor
rect in this statement of the case, the pro-
posed enactment is clearly contrary to the
spirit of our Constitution, and of the great
American principle Of the entire separation
between the civil and spiritual government.
The very term sotemntze, suggests the ORR
gin of the marriage ceremony as religious,
and not civil.


Fifth-The whole matter Of test oaths
is specially odious to every American free
man acquainted with the history of the
struggles against tyranny which won our
free system 1t was the test oath. on ac-
count of which the martyrs of English
liberty cheerfully suffered. There it was.
against the religious test as condition
precedent to civil rights. This s.''-,: i
ply adopts the converse proposition, in my
Judgment, to wit: civil test oath as a con-
dition precedent to the exercise Of purely
religious functions While | condemn in
the most unqualified terms, the practice
resorted to by some dangerous, some in
discreet and am reluctantly compelled to
say, bad men, of preaching politics from
the pulpit, or otherwise dcsecratiug their
sacred calling in their newspapers efu-
sions, I am free to say. it is as much con-
trary. in my judgment, to the American
doctrine OF religious liberty, to require
civil test oath in order to perform a reli
gious office, as to require religious test
oath in order to exercise civil privileges.


Sixth.-The enactment, if intended to
protect society against reasonable preach
ers, is altogether needless, since ministers
and priests are not privileged classes, but
simply private citizens, and amenable to
penalties far more terrible than the loss of
marriage fee, for doing any Of the
things which this oath binds them not
to do.


Seventh. IF the enactment be intended
to catch anti Lincolnit, ministers, or force
them up to the flnatcsni of a malignant
religious loyalty. it is utterly ineffective.
The operation of the taw will be most like
ly this. with all except the most tanatlcal
and avaricious of the ministers, to wit; the
minister called on to discharge this pleas
ant office of religion for any of his flock,
will advise them with the license to secure
the services of the ncighboring justice of
the peace, or some brother who is not a
non-iuror like himself He will let them
perform the civil part of the duty in wit
Messing and certifying the contract, ana
then proceed himself with the usual rcli-
cious exercises. Then we will see whcth-
er the grand jury will indict him for the
crime of praying. l do not believe that
one preacher in four will take the oath
and if am not greatly mistaken, some Of
the most ardent Union men will be the
first to refuse it.


Eighth. inevitable effect of the
enactment, as believe. will be to stir up
intense feeling for and against ministers,
aud add fuel to the present bitterness.
Its effect, as think, will be to coufrrn
the present tendency OF our religious peo
,lc to adopt and ape the miserable mix
ing up Of civil and religious ideas in refer
cnce to the ministry, which have hereto
fore distinguished New England, and out
Of which has grown the clerical leadership
in civil things, and consequently abolition
preaching, out of which has grown our
present troubles.


Believing as do, after much rehee-
ton, that the law cam do no good, espc-
cially as the danger to Kentucky has
passed, and that it will be an unnecessary
annoyance TO the clergy, who DO not need
such a te,t Of l"yalty, | respectful ly return
it to you for reconsideration, with these.
my reasons, for withholding my signature.


i. MAGoFFIN.


The bill was postponed till the Novem-
Der session Of the Legislature.