Page:The Green Bag (1889–1914), Volume 14.pdf/456

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The Constitution and Religion.

413

enslave them. A thief was complaining that acquire the reins of government in its hands someone had robbed him! These facts, and use the 'power which is concomitant coupled with the great difference of opinion with political supremacy as a weapon of which existed among the various colonies, assault against its less fortunate rivals. Chris cannot but convince us that religion played tian sects alone were considered. No refer little or no part among the causes of the ence was made to the existence of other faiths or the opinions of others. This cor Revolution which followed. Religious toleration being unknown at the responds with the usual narrow views of the time the Constitution was adopted, how colonists in these matters. So it is manifest came it that the two provisions which guar that this amendment was not dictated by a antee it were brought into existence a few generous spirit of toleration, but by a pro years after? This is a question deeply in found fear and jealousy that if any particular volved. The section relating to religious Christian sect gained a national ascendency tests was not deeply inquired into in the it would subrogate matters temporal to an debates. It is true that one member of the ecclesiastical hierarchy. But to secure their convention expressed a fear that a Pope point the States put it out of the power of might become President, which fear was Congress to interfere with other religions, speedily dissipated by having his attention and when we consider that non-Christians called to the qualifications for eligibility to were at this time frowned upon, we cannot this office. The impossibility of agreeing but reach the conclusion that this concession upon any particular test is undoubtedly the was unwittingly made. It is true that in reason of this clause. No test in itself was after years the States became more liberal objected to. From this logically flows the and in their own constitutions guarded zeal fact that we owe the omission of religious ously As the has religious been intimated, freedom the of their difficulty people. in tests to the merest accident. Affairs in the colonies were quite involved in matters of dealing with the first amendment is in its application to practical cases and events. religion. Yet this clause of our Constitu tion is a most potent blessing and its bene Accordingly, the many cases in which this clause has come before our highest tribunal fits are apparent at once. The causes which led to the adoption of for interpretation and construction have the first amendment of the Constitution, so founded a system of rules which are now far as it relates to religion, are not at all powerful precedents. An adequate concep clear. Why should all the colonies, so tion of the difficulty which a court of last lately deep in the mire of oppression, sud resort must face in matters like this is almost denly lay aside their weapons? Mr. Thorpe impossible, unless we first consider what a claims that religious equality was only se faux pas would mean. We live in a free cured by " equal economic opportunities in country where every man may worship as America." Mr. Justice Story in his com j belief he pleases. that heBut is doing suppose, right, under a man a bona offersfide as mentary on the Constitution maintains that the real purpose of the first amendment was a sacrifice a human being. Would such a not to countenance any sect that might find plea prevail in answer to a charge of murder? root in the new republic, but to prostrate and J If not, then is the government interfering with stifle rivalry and contention, and to make it the religious belief of one of its citizens? The an impossibility for any one Christian sect to answer to these questions is readily found.