The Theory of Our Constitution Is the Right Theory.
By John L. Rupe
THE present theory of our Government is, that the Government recognizes the natural rights of man, as they exist in a state of nature and in the law of reason, and that the State only imposes that degree of restraint upon his action which is necessary to the uniform and reasonable conservation and enjoyment of private rights; that civil and religious liberty go hand in hand, and are the natural and absolute rights of the citizen, which no Government or human agency has power to question or deny.
All laws, therefore, regulating the acts or conduct of the citizen are made in harmony with these broad general principles. The citizen is dealt with in view of his relation to society. The laws, therefore, regulate his conduct only so far as that conduct does, or may, affect society. Such laws are, therefore, prohibitory. There is no purpose in the penal laws to prevent or prohibit acts to be done, because the doing of them is morally wrong, having reference only to the person doing the act; but the purpose is to forbid the act, to protect society.
To illustrate: The statute forbidding murder is not founded in any purpose to teach the moral wrong or sin of murder, but to protect society against the vicious. The penal laws are not intended to teach moral lessons. In any act the citizen may do which affects only himself, the laws do not interfere. A man may take his own life, burn his property, may injure himself in his person and property in many ways, and from a vicious spirit, but so long as his act affects only himself the State does not interfere. The law punishes intoxication in a public place because it affects the public, but a man may become and remain intoxicated in his own house at his pleasure and it is no offense, because then the act affects only himself. Thus it is that all our penal laws are prohibitory, and based upon the principle that it is the province of the State to interfere only when the act of the citizen affects the rights of others.
The other principle is that in the regulation of men's moral conduct the power of the State extends no higher than to require respect for those moral laws which the reason and judgment of mankind have approved as necessary and proper in well-ordered society, and distinguishing such moral laws as those relating to the temporal well-being of society, and entirely disassociated from man's spiritual nature or his religious duties or obligations. Under this theory of government embodied in our Constitution the lines are clearly marked and the citizen has a guarantee of enjoyment of both civil and religious liberty.
If the amendment as advocated by the Reform Association should be adopted, and other provisions of the Constitution made to harmonize with it, so that it would become operative, a different theory of government would be introduced. The Christian religion would become a part of our fundamental law, and the State would thereby become empowered to pass any laws regulating the conduct of citizens in conformity with it. Laws would be authorized requiring the citizen to attend the church or observe any religious rite or ceremony. The Sabbath might be made by law a day of gloom and chill, and indeed almost anything concerning men's conduct (bounded by the Christian religion) which fanaticism might invent, or the religious enthusiast devise, would find a warrant in our national Constitution. Such a theory is entirely incompatible with religious liberty, and if carried to its logical results would eventually overthrow our system of government entirely; liberty of conscience would be without any guarantee of existence, and, if denied, civil liberty could not long survive.
One of the most eminent commentators upon our American laws has said that civil and religious liberty are so closely allied that either cannot long survive if the other be denied. The glory of our American Nation to-day, and that which commends it most strongly to the enlightened judgment of mankind, is that universal civil and religious liberty it guarantees to its citizens. And any suggestion of change in our fundamental law which would make it possible to trench upon either should be spurned by the people and the church as an unmixed evil.
Let us imagine the condition which might arise with the adoption of an amendment in general terms engrafting the Christian religion upon our Constitution; or the adoption of Senator Blair's amendment requiring the principles of Christian religion taught in the public schools. What would be held to be the principles of Christian religion? and who should determine it? If the court called to determine the question should be Catholic in religion, it might well determine that the principles of Christian religion were189those taught by that church; and this would manifestly not conduce to great harmony, but the decision would be given in that jurisdiction, and the Protestant would be taxed for the privilege of sending his children to the public schools to be there taught the principles of the religion of the Catholic Church. If the decision should be the other way, the Catholic, the Jew, and the unbeliever would be taxed for the privilege of having his children taught a religion he did not believe. In either case the exaction would be unjust, against natural right, and wholly subversive of religious liberty. Such a condition could not fail to breed discord and discontent and produce a disorderly state of society.
What is the trouble with our state of society and system of government as it now is? I affirm that there is no trouble except that which arises from a disposition of impracticable people to make men better by legislative enactment; to reform men by law. If a man, because of vicious disposition, or because of unbelief, will not observe the moral laws of the Christian religion, it is their assumed religious duty to compel him to do so by law.
No man was ever made better in his nature because of his being required by penal law to do a particular thing, or to refrain from any immoral act. Men are not reformed with clubs. The State can deal with men only by the law of force; and through the agency of force reformation is impossible, because of man's very nature. Every intelligent being has a spiritual nature, and in all matters relating to his moral conduct, with a view to reformation, and in all matters of religion, he must be reached through this higher and better nature. The moving power of Christianity is the law of love. The man who is impelled to acknowledge Christ through fear of eternal punishment is not a Christian. As the church has advanced with the intelligence of the people, and brought itself to the full recognition of this universal law of love, which is the foundation of the Christian religion, it has advanced in power and influence, and has a firmer hold upon the hearts and affections of the people.
Laws which assume to regulate men's conduct in accordance with the moral laws of the Christian religion are not respected or enforced when enacted. It may not be known to all of you that we have now, and have had for many years, a law to prohibit profanity. The law in substance is as follows: “Whoever being over fourteen years of age profanely curses, swears, avers, or imprecates by or in the name of God, Jesus Christ, or the Holy Ghost, is guilty of profanity and shall be fined three dollars.”
It will be seen that the law prohibits swearing in private as well as in public. If the good citizen in the privacy of his own wood-shed, strikes at the nail in his hand, and hits the nail attached to his thumb, and, under the impulse of the moment, gives utterance to the words which first suggest themselves to him, he may be fined. This law has been in force since 1855, and its enforcement has been so generally omitted that its existence as a law is not generally known. It would hardly stand a constitutional test, but it has not been questioned, presumably because it has never been in anybody's way. If the fines for all violations of this statute could be collected for only one day immediately succeeding any general election, there would be little use for any provision for school funds by direct taxation. Notwithstanding the general violation of this law, there has never been any general demand for its enforcement, and it seems to me the reason for this may be found in the recognized fact, that such law is not in harmony with our system of penal laws and the theory of government upon which they rest; that profanity is a sin against God, and that it is an offense affecting the person offending, and for which he should be held answerable to his God, and not to the State. . . .
The national character will correspond with the character of the people composing the Nation, and if there is a tendency away from religious observance in public affairs; if there is too little regard for moral and Christian character in the selection of the officers chosen to administer public affairs, the fault is not in our system of government or in our laws, but is in the Christian people of the country who fail in their duty in, and attention to, governmental affairs.
I have no sympathy with religious teaching, which is entirely ethereal, and removes a man from active participation in the affairs of this life, but I am a believer in that kind of religion which takes hold of, and gives character to, all the affairs of life; that requires the same punctuality in the observance and performance of his duties as a man and citizen as in the duties pertaining to his spiritual life.
If the good Christian people will repudiate the idea that politics is a dirty pool, which contaminates all who enter, and will, with Christian intelligence, exert the power to which their numbers and influence entitle them, in all affairs of government, there will be no doubt as to the national character, and there will be no difficulty in impressing the religious character of the people upon our laws and public observances, and there will be found ample room for all advancement in the character of our laws and those who execute them, which can be demanded by the intelligent Christian sentiment of the country within the wise limits placed in our fundamental law for the equal liberty and protection of all.—Hon. John L. Rupe, Richmond, Ind.
The Law in Illinois against Saloons Being Kept Open on Sunday.
By GEO. B. THOMPSON
THE so-called National Reform party, which is now putting forth such strenuous efforts to secure civil enactments compelling the better observance of Sunday, offers as evidence of the necessity of such laws, the argument that saloons are kept open on Sunday, and that the people are powerless to prevent it. But, say they, secure to us the power delegated by such bills as that of Senator Blair, and we will have a lever by which we can compel every saloon to close its doors on Sunday.
But in this State of Illinois a law already exists which is sufficiently rigid to meet the demands of the case. It reads as follows:—
“Whoever keeps open any tippling-house, or place where liquor is sold or given away, upon the first day of the week, commonly called Sunday, shall be fined not exceeding $200.”—Hurd’s Revised Statutes of 1885, page 424, section 259.
This law is explicit enough, if properly enforced, to close every saloon in the State. No saloon-keeper could afford to pay a fine of two hundred dollars imposed on him for opening his place of business. This is evident to all. Then the only reason why the saloons are open on Sunday is because the statute laws are not enforced.
Now if the laws already in existence are not enforced, why enact others? Would they be any more rigidly enforced, or help the matter in any way?—Certainly not. They too would be a dead letter on the statute books. And why are not National Reformers crying out for the enforcement of those laws already in existence, instead of seeking to tinker up the Constitution and get more legislation on the same subject?
While I believe that the saloons should be closed, not only on Sundays but all the time, I am confident that this is not the cherished object sought by the Reformers. The burden which rests upon their souls is that of securing religious legislation. This hue and cry about the saloons is simply a pretext behind which to hide the real character of their wicked work. Their real object is to so change the Constitution that religious liberty may be abridged, and all classes compelled by law to render homage to Sunday, and any other dogmas that the church, inflated by civil power, may see fit to fulminate.
GEO. B. THOMPSON.
Willow Hill, Ill.
Under the Veil.
By B. A. Smith
[Should anyone be inclined to think the following article too severe on the popular churches, we would remind them that the writer, to use his own words in an article in a late number of the SENTINEL, “for the last eighteen years has been a minister of a church which adheres strictly to the observance of the first day of the week.” So we take it for granted that he knows whereof he speaks.—Ed.]
In connection with the question of religious legislation, it may not be amiss to pull aside the gauze that veils those “orthodox” churches which have arrayed themselves against the freedom of conscience guaranteed by the Constitution of our country.
Talk about the “noisy Sabbath-breakers;” I have witnessed in the festivals, or bacchanalian feasts, of some churches, proceedings that assumed the attitude of reveling and abominable idolatry, which was a great deal worse than Sabbath-breaking, because it was done in the name of religion. It is all right in their estimation to place brass rings (passed for gold) in cakes, and sell chances; to put up young ladies for sale at auction; run lotteries; raffle for wax dolls and other foolish things, in the churches. But if it is done anywhere else, especially on Sunday, away they go to Cæsar and petition him for a law to stop the “desecration.”
I have seen these very Christians go from saloon to saloon begging for money to pay the pastor. So long as they continue such God-dishonoring practices they will make slow work of reforming others. Give me a million dollars, and if I were so inclined, I could run a saloon and gambling-den, race horses, swear, drink whisky, move in the most fashionable society, belong to the most popular church in the land, and be greeted as one “sound in the faith.”
I know that some of those churches that are striving to have their dogmas sustained by the Government are doing more harm in the world than downright infidelity. There are things practiced in some of the churches that are asking for the aid of human legislation, which would make the angels of perdition shout for joy. But because the world is cursed by the continual encroachments of the seven-headed beast and his numerous images, it will not do to arraign the religion of Jesus Christ as being in any way responsible for the counterfeit. Mr. Ingersoll may truthfully expose the vagaries of much of the sectarian folly, but I protest against his charging190the meek and lowly Nazarene with being the author of the popular religion that is being palmed off upon the people.
The fact that the head of the Catholic Church in this country is in favor of the Blair measure, is sufficient of itself to show that there is something yet behind the screen even more to be dreaded. There is plenty of work for preachers within the confines of their legitimate calling, without seeking to control the affairs of the Government. Political preachers are of no benefit to the church or politics either. False religion has always opposed free government, and the self-styled orthodox churches of to-day are no exception to the rule. They want to be supported by the civil law, because they fear that in no other way can their future maintenance be assured.
Rome succeeded in wielding the scepter of ecclesiasticism over the political powers. The Dark Ages followed. Then the Church of England followed in the same wake as far as she could. And with little exception the churches of America are trying to do the same thing, as a means of propping up their tottering spiritual power by a union with the secular power of the State.
Many are becoming tired of the corruptions practiced in the churches, and are retiring from all church relationship. I wonder if the law-seeking religionists, who wage such warfare upon all who will not go with them, ever think of the good men and women driven away into the barren fields of the world, on account of false teaching and idol worship. Men of God will never hide behind the civil law; they will never shrink from going boldly before the world upon the merits of what they teach. And I believe they will receive the aid and encouragement of all those who have viewed with sorrow the declining state of the church. When a man fails to carry his point by reason, argument, and testimony, he ought to retire from the field. Knowing the weakness of many of these Blair-bill churches, I am not surprised at their skulking behind the civil law to get out of the light of honest investigation, but deliver me from the day when they shall have gained the power to rule this Nation.
It has been over a century since the establishment of this Government; and during all that time the stand, the press, and the pulpit have vied with each other in lauding the grandeur, simplicity, and purity of its institutions. For all these years the Nation has prospered in a manner unparalleled in all the annals of history. The fathers were satisfied to live and die in it. How is it, then, that men and women rise up in this, the zenith of its greatness, and ask for religious legislation,—that the church may dictate to the State,—something that would not have received a second thought by the framers of the Declaration of Independence and the Constitution of the United States. The Blair bills offer an insult to all the wise, great, and good men who have lived and died in the past as sons of American freedom.
Repeatedly have the Roman Catholic dignitaries virtually said, “Give us secular power, and religious liberty will be at an end in this country.” They had that power once, and such a reign of terror and despotism never was known before or since. In substance, decaying Protestantism makes the same demand with a similar promise. There is as much to be feared from apostate Protestantism as from Rome itself. An “image” to anything must bear an exact likeness to the thing itself. The two-horned beast of the prophecy is a second beast, not a second rising of the first beast; but it is to cause the people to make an image to the first beast.
The leading Protestant churches have united under the specious pretext of “National Reform,” for the purpose of securing a religious amendment to the Constitution. They say they want to get God in the Constitution; but the truth is, it is their church dogmas they want to get in, so they may be enforced by law. If they would try to get the Spirit of God in their churches, it would be more to their credit, and more beneficial to the country at large. Then they would be disposed to respect the rights of their neighbors, whether Christians or infidels.
If this Nation is not a Christian Nation, all the human law possible in the world cannot make it so. It is the business of the church to make Christians, through the truth, and not the business of the civil law. The National Reform idea is, to catch every man and brand him, “This is a Christian.” If they should get into Heaven, they would want to have inserted in the statute-books, “This is a Christian Nation,” and if they finally get to the other destination, they will probably make the same demand there.
B. A. SMITH.
The Evils of Enforced Sunday-Keeping.
THE Washington (Iowa) Press of May 8 has an editorial article on the Sunday question from which we quote a single paragraph, not because we fully agree with the sentiment, but for the sake of comment. After referring to the order discontinuing the Sunday freight trains on the New York Central Railroad, the Press says:—
“The experiment will be an interesting one. Workmen do not usually ‘rest’ on Sunday, even if not at work. If not at work, they are lounging, too many of them dissipating, and by Sunday night they are more used up than if they had been at their routine work, just as national holidays fatigue people more than their accustomed work. As a rule, people are never so well and virtuously engaged as when at work. Work, labor, is one of the saviours of the race. The idle classes are the vicious classes. If men would rest on Sunday, have harmless, cheerful, social relaxation, flop down on the grass or lounge and read, and doze, or visit, Sunday would be a rest-day. But suppose they spend Sunday in saloons, or in dissipation, as thousands of folks do when on their regular round of service, what advantage is Sunday to them? Morally and physically considered, they’d far better be at work on Sunday than acting that way. So far as our observation goes, people do not ‘rest’ on Sunday. Business men are still scheming, and it’s thinking, worrying, that tires. And for those that dissipate there is no rest. Dissipation is the hardest, toughest kind of work. It uses up tissue, not to speak of virtue, faster than anything else. Those who make a holiday of Sunday, go on excursions, go to picnics, beer-gardens, etc., are more fagged out by Sunday night than if they’d been in the shop all day. For tens of thousands Sunday is not a rest-day, but a license day.”
There is of course much truth in this paragraph. There is little benefit to be derived from enforced idleness upon Sunday. We would not, however, deprecate Sabbath-keeping in the least. But in what the Press has said can be clearly seen the evil which will arise from the program which has been mapped out by the National Reformers when they compel all to rest whether they are conscientious in doing so or not. We believe that the original object of the Sabbath was not rest but worship. When God created the heavens and the earth, he blessed and sanctified the seventh day, setting it apart as a memorial of God’s creative work, that his creatures in keeping it might be reminded that he did create all things, and thus their worship would be directed to him. Of course where the Sabbath is observed from such a motive as this, nothing but good can come of it. But to compel those who have no reverence for God, and who do not regard him as the Creator, to abstain from labor one day in seven, is simply to cause them to cast about for some means of killing time. And it is too often the case that this is found in dissipation. One of the evils complained of which is most sought to be remedied by Sunday laws is this dissipation. First, they make laws which compel people to be idle. Then when those who are idle walk after their natural inclinations and make Sunday a day of revelry instead of a day of rest, other laws must be made compelling them to spend the day as those in power think most fitting. And as that which is desired is to secure their attendance at church, the natural conclusion would be that laws will be demanded requiring everybody to attend church. Indeed, some have gone almost to that extent already, because it has been proposed in so many words to hedge up the avenues of pleasure to such an extent that people will go to church rather than do nothing. We would be glad indeed to see everybody attend church. We believe it a good practice, and in some respects even adulterated Christianity is better than none at all, but we are assured that nothing but evil could result from coercing people in matters of religion. But coercion is the natural sequence of regulating Sunday-keeping by law.
Why They Demand Them.
THEWest End, a paper published in San Francisco, mentions a recent failure to enforce the Sunday law in Chicago, and says that such attempts are criminal, for they work a hardship on a few who are obliged to close, and on the public in general; and also that their enforcement brings other laws into contempt. We do not know that Sunday laws should be condemned because of the difficulty in enforcing them, because there are some other laws which might be condemned for the same reason. But certain it is that Sunday is not a proper subject of legislation, for the reason that it is a religious institution, and were it not, no one would think of demanding that its observance be regulated by law. In fact, no one ever asked that it be so regulated for any other reason until, within the past few years, they have been driven to set up the claim that it is a sanitary measure, for the reason that the people will not submit to religious legislation. The trouble in enforcing Sunday laws is that the majority of the people are not in sympathy with the purpose for which they are passed. And this is one reason why they work a hardship upon a few while they fail to restrain the many. They are only spasmodically enforced, and it is generally the case that they are made effective only against those who will not stoop to such evasions as are commonly practiced by those who find their way into the police courts. Every effort to make Sunday laws effective simply furnishes another argument against them.
Religious Controversy in National Legislation
LET the National Legislature once perform an act which involves the decision of a religious controversy, and it will have passed its legitimate bounds. The precedent will then be established, and the foundation laid, for that usurpation of the divine prerogative in this country, which has been the dissolving scourge to the fairest portions of the Old World.—U. S. Senate Report, 1829.
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