Year: 1876

allow Shlu CulluIbu " ItluIh W anu ellbhu
said schools. The answer denies that they
have so done, except under a claim Of right
TO take said children from the schools when
ever their priest requires them TO attend
church on days that they regard as holy.
Tho bill states that the children of the or
tors aud other children reared in the Ro-
man Catholic faith, TO the number in all OF
one hundred and fifty, are now, (when the
bill was made) prohibited from attending
any public school in the district. The an
swer replies, that, on the 9th of June, three
or four Catholic parents (not any of the or
ators) whose children had been absent the
day before, told the committee that their
children should thereafter comply with
said rule; whereupon said children were
Immediately permitted 10 return to the
schools, and all would have been gladly
permitted to return upon like assurance /;
but in a few days said children, with some
other Catholic children who were not ab-
sent on said 4th of June, and in no way
prevented from attending the schools, were,
as the defendants were informed and be-
lievo, by direction of said priest withdrawn
from the schools, and had not since attend
ed.


The ground aud reason of the exemption
asked for in this case, as stated in the
bill, are, that the parents of said
children were members Of the Cath
olic church, and they were directed by the
priest of said church TO attend religious
services on said 4th day of June and have
their children do so, as already moro fully
stated. The legal ground and reason ofthe
relief prayed for are indicated by the ex-
pressions in the bill, namely-"their the
orators) constitutional right to worship
God according to the dictates of their own
consciences without being abridged in tho
enjoyment OF their civil rights - and their
fright to exercise parental authority and
government over their children as regards
their moral training and culture (which,
when put in the form of direct and explic-
it statement, is in effect, that the enforcing
of the rules of suspension by the commit
tee upon the children of tho orators violat-
ed the rights OF the orators under Art. III
OF the Constitution of tho State; and vio-
lated also the legal right of the orators 10
control their children in the matter Of at
tending the public schools OF the district,
as against the right Of the committee in the
same behalf.


1t is the duty OF this court TO decide
whether either Of these propositions is main
tainable. The article in the constitution
on which the former of these depends is,
"That all men have natural and inaliena-
BILE right to worship Almighty God accord
ing to The dictates of their own consciGnces
and understandings, as in their opinion
shall be regulated by the word of God; and
that no man ought to, or of right can, be COM
PEELED TO attend any religious worship, &C.,
contrary 10 the dictates of his conscience
nor can any man be justly deprived or
abridged of any civil right as a citizen on
account of his religious sentiments, or Pc
Gu liar mode of religious worsli ip; and no
uthority can, or ought 10 be vested in, or
assumed by, any power whatever, that
shall in any case interfere with, or in any
manner control, the rights of conscience, in
tho free exercise Of religious worship
nevertheless every sect or denomination
OF Christians ought to observe the Sab
bath, or Lords day, and keep up
some sort OF religious worship, which
to them shall seem most agreeable 10 the
revealed will of God" In the light of that
Article, the former of these propositions, II
critically considered in its relation to the
case made by the bill, obviously cannot be
maintained; for the action of the commit
tee touches not, nor affects the worship OF
Almighty God by the orators, whether such
worship be in one way or another, or moi
at all ; nor does ii touch or affect their re-
ligious sentiments, or peculiar mode Of re-
| ligious worship; nor does it any manner
| interfere with or, control the rights of con-
science in the free exercise of religious wor-
ship. That article in the constitution looks
only TO the personal conscience OF the in
dividual as related 10 his personal worship
OF Almighty God. Itlooks only to the per
sonal relation OF the individual 10 his God
both as TO belief and Worship and not tC
the relation that the individual may sustain
to others in respect TO their belief and wor-
ship. The not consenting that the children o
the orators might leave the schools for the
purpose OF attending divine worship on thu
day in question did not touch the belief o
the orators as TO the character OF that day
nor did 1t touch or control the free exer.
else by them ofreligious worship according
TO their belief and conscience, nor is any.
thing to that effect alleged or iutimated il
the bill.


Still further, It may he remarked that Tho
bill does not present it as a matter OF con
science, either with the orators or thei
children, that the children should attent
service on that day; but only represent
that it is a holy day in the church, and ac
customed 10 be observed as such. No di
vine authority for 1t is quoted or asserted
and its observance, in this instance, by tn


orators and their children, by Attending


religious services, is put upon the direction


of the priest, without showing or assertin


that anything of religious conscience wa


involved in obeying, or not obeying, this


direction. Yielding TO supervening au


thorlty exercised by recognized superio


is one thing but 1t is not necessarily, nc


implicitly, the same thing as obedience


the dictates of the inward monitor an


avenger.


Agsin, when the facts set forth in ia
answer are considered II seems very ap
parent that only the attendance of the orr
tors children ON the morning session {
: the schools on that 4th of June involve
any matter Of conscience in relation to II
day for many Catholics in the villaa
were about their accustomed business an
labor during that day as on other day
"and many of their children were at play
the streets and elsewhere during that day,
and some of the scholars that had bee
3 taken from the schools to attend the relIi
I ious service presented themselves for q