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of the things of this life as compared with lit was willing to avail itself of its setvithe inestimable value of the possessions ces. in another. Christianity writes an infinite Now, for this reason, and for the further denominator under the finite numerator of reason that Christianity inculcates uninthis world, and thus reduces the value of quiring faith and undoubting belief, and rethe fraction to zero. In the words of presses that spir of free and courageous Christ, and generally in the words of his thought which challenges dogmatic asserfollowers, it asserts the equality of all men; tion no less than despotic behest, and which, but the equality upon which it insists is a together with the spirit of manly vindicaspiritual, not a temporal equality. It is tion of personal right already alluded to, equality before God, not before the law. integrates the spirit of modern political Whenever, in history, the teachers of liberty, it cannot be true that Christianity, Christianity, the Bible or the Church, have as against the generically human elements spoken of the realization of that equality, in our culture, is the foundation of our rethey have pointed to the world beyond. In publican institutions. the view of the Christian, the equall Let me not be misunderstood. While I brotherhood of all men is to find its vindi-l do not believe, for the reasons already ascation, not before the throne of an earthly signed

rthly signed, and for further reasons, which I am king or the bar of a republican tribunal, lab

tribunal, about to assign, that the rise and progres 3 but before the throne of God. And it is of our republicanism is due to Christianity a necessary consequence of this depreca-l have no intention whatever to claim that tion by Christianity of all earthly affairs, Christian virtues are superfluous in a repubthat the virtues inculcated by Christianity lican state. I do not at all mean to deny are the virtues of resignation, humility, that those virtues, which Christianity, by meekness, obedience, self-denial, charity,

charity, reason of its genius has had the preëmietc.-noble virtues, indeed, but not such

such nent tendency to foster--humility, meekvirtues as lead to the establishment or messi

...Of|ness, charity, forbearance, obedience, etc.maintenance of a democracy or a republic.

Neither Hampden nor the patriots who ically human virtues or instincts, or passions fought at Concord or Lexington, were men or whatever else you choose to call them, who tendered their right cheek after they and thus to prevent the lapse of freedom had been smitten on the left. The truth into anarchy. Such Christian virtues ceis (however sad it may be in the eyes of my ment the fabric of the State and tend to friends on the other side) that political free- uphold it. But, as all history shows, their dom is born of the spirit of stalwart and sedulous cultivation is far more favorable to manly self-assertion; of the readiness to do the maintenance of despotism than of rebattle for personal right; of the disposi- publican liberty. tion to quarrel about a penny or pound

penny or pound It is sometimes said that the establishwhich is wrongfully exacted; and to resent

ment of free institutions in the north of -mortally to resent-every injury or insult

Continental Europe, in England and in the to the person. If the founders of our liber

"United States is due to Protestantism. In ty had been thoroughly imbued with the

a certain sense this is perfectly true, but in teachings of St. Paul, in the thirteenth

the sense in which the claim is now made chapter of his epistle to the Romans, writ

it is the reverse of the truth. Protestantism ten during or shortly after the massacre of

embraces two elements which may be desthe Christians by Nero, in Rome, they would

la ignated as the negative and the positive elnever have inaugurated the Revolution.

ements. Its negative element is the spirit Christianity discourages interest in polit- of denial, both of dogmatic assertion and ical life, preaches submission to constituted of constituted authority, the spirit of resistauthority, and stifles the impulse of resistance to the dictator of the Church no less ance to wrong. It is doing no injustice to than the arbitrary commands of the tempoChristianity to say, that for more than ral ruler, the spirit of independent belief twelve hundred years it was everywhere the and private judgment--the same spirit faithful handmaid of despotism, whenever which is now denounced in this Court as the .



progenitor of atheism and disbelief. Its recognize the moral or intellectual excelence positive element, on the contrary, is its tend- of opponents. In a word there is scarcely ency to erect the transitory opinions of its ito

Confira rule which reason teaches as essential for

its attainment, that theologians did not for adherents into permanent and binding arti- centuries stigmatize as offensive to the Alcles of faith, to maintain forever positions mighty. temporarily assumed during antagonisms “By destroying every book that could with the ecclesiastical system from which generate discussion; by diffusing through it emerred, to substitute the authority of the every field of knowledge a spirit of bound

less credulity, and, above all, by persecuting

with atrocious cruelty those who differed the Church, or the authority of reason, and from their opinions, they succeeded, for a to execrate and anathematize those who long period, in almost arresting the action geek to keep alive the spirit from which of the European mind, and in persuading Protestantism itself was born, in terms as men that a critical, impartial, and inquiring fierce as those with which it had spurned the

spirit was the worst form of vice. From

this frightful condition Europe was at last traditions of the past. If we look to the rescued by the intellectual influences that former, the negative element, it is unques-produced the Reformation, by the teaching tionably true, that the freedom of our insti- of those great philosophers who clearly tutions is the child of Protestantism; but laid down the conditions of inquiry, and by if we leave this out of view and only regard those bold innovators who, with the stake

of Bruno and Vanini before their eyes, the latter, the positive element, it is as in- a

!!dared to challenge directly the doctrines of disputably true that our freedom is in its the past. By these means the spirit of very nature a protest against Protestantism. philosophy or of truth became prominent, Dogmatic Protestantism is less fatal to civ- and the spirit of dogmatism, with all its il liberty than dominant Catholicism only consequences, was proportionately weakbecause it is less powerful..

ened. To illustrate and enforce my assertion that Christianity, Protestant as well as Catholic, Christianity as it stands forth in history--is destructive of that mobility and EXTRACT FROM THE ARGUMENT independence of thought, without which freel BEFORE THE COURT, BY JUDGE institutions can not endure, I beg leave to

HOADLY. quote a passage from an author, who is just- "The only distinction that can be made ly distinguished for his truthful candor and between the misuse of the powers of the judicial impartiality. Mr. Lecky, in his School Board in matters of history, of con History of Rationalism in Europe, vol. ii. stitutional law or of science and in matters p. 90 (Appleton's American edition), says : of religion, grows out of the higher impor

"Until the seventeenth century every men- tance of religion as compared with matters tal disposition which philosophy pronounces of important secular knowledge. And this to be essential to a legitimate research was is precisely the ground upon which those almost uniformly branded as a sin, and a large portion of the most deadly intellectual

who have burned to death have justified vices were deliberately inculcated as virtues, themselves for burning heretics. It is preIt was a sin to doubt the opinions that had cisely the ground upon which autos-da-fe been instilled in childhood before they had were justified in Spain, that it was of more been examined; it was a virtue to hold them consequence that the souls of the people of with unwavering, unreasoning credulity. Snain should be saved from hell or from sin

no credulity; Spain should be saved from hell or from sin It was a sin to notice and develop to its full consequence every objection to those opin-than that the me of a few men should be ions; it was a virtue to stifle every objection spared for repentance. It was on the idea as a suggestion of the devil. It was sinful that religious error, is an error of such to study, with equal attention, and with an transcendent consequences, involving, in indifferent mind, the writings on both sides; the case of a human soul an eternity of persinful to resolve to follow the light of evi-3;

W dition according to the ordinary belief-it dence wherever it might lead; sinful to remain poised in doubt between conflicting was upon this idea, an idea that eternal unopinions; sinful to give only a qualified as- ending welfare or woe depends upon error sent to indecisive arguments; sinful even to of doctrine, depends upon correctness of instruction, that men have by all denomina- Board are, I find them to be divided into these tions that have had power been destroyed classes : First, The reading of the Holy and persecuted.

Bible, with appropriate singing; and, secNow, your Honors, the view to which I ond, religious instruction and the reading shall address myself and attempt to per- of religious books. suade your Honors in some one of the va- 1. What does the reading of the Holy rious applications I shall make of it; that I Bible, with appropriate singing, mean? As am correct, is this: That if the State of I understand it, it is an act of worship, preOhio undertakes to teach religion at all, she cisely that; an act of Protestant worship. has no right to undertake to teach any but Is it anything else? Does it instruct the all religious truth; that if the State of Ohio child other than incidentally? There are is to be set up and constituted a teacher of many hymns which are, no doubt, sung in religious truth at all, it is for the reason just our schools which contain much theologicsuggested, of the transcendent importance al instruction, whether true or false. I have of religious truth as compared with other one in my mind which contains the doctrine truths; and, therefore, she has no right to of justification by faith in its first line, the withhold from any child within her borders hymn beginning, “ Just as I am.” all that is necessary for the salvation of Almost all hymns are written, not for the that child from perdition. It is alleged in purpose of expressing with poetic fervor a this petition, and not denied in the answer, playful fancy, but for the purpose of teachthat there are children in Cincinnati whose in rhyme a dogma. At least such, with only access to religious truth is through our the imperfect poetic sense that I have, I public schools.

have found to be the contents of most of It is not without purpose on our part that the hymn books that I have had occasion that allegation has been met by an explicit to examine. And the singing of hymns admission, for it is not only true, but its truth alone is held by one of our denominations involves consequences to this case, and to to be an offense in itself. The reading of the proper decision of this case, from which the Holy Bible, with appropriate singing, is we can not shrink. If the State of Ohio, an act of worship, and only incidentally as is thus alleged and admitted, has the can it be otherwise. It, no doubt, teaches care of numbers of little children without to the child that the Holy Bible is a work parental care, without religious instruction sui generis, to be read only with a sense of in Sabbath-schools, or elsewhere, and if the awe and reverent devotion; that is to say, State of Ohio has it within the various of- if it is properly read by the teacher. fices, she subserves toward those little chil- I have been told that it is often carelessly dren to teach them in religious truth, then and irreverently read, and that in a very it is the solemn duty of the State of Ohio large portion of our schools, including all to teach them religious truth.

the German schools, the rule has been, for The State of Ohio has no right to keep a great many years, entirely obsolete. But from any one of those children, “the least so far as this exercise conveys instruction, of those little ones,” any truth essential to it is only incidentally, collaterally. The the truth of that child's soul. So far must main purpose and object is to perform an we go, if we are going on this road at all. act of worship. If your Honors are familEither the State of Ohio has no charge of iar with "The Cotter's Saturday Night” of the care of that child's soul whatever, or Burns, you will find that this, with the revhas all the charge; all the charge that is erent prayer, constituted the family worship not committed to others; all charge that is of that cottage, so beautifully celebrated in necessary for the protection of that child to those lines. Does the omission of the praythe endless vista of time to which the soul of er constitute the reading of the Scriptures, that child must look. I admit for this reason and the singing of the hymn, any the less that there are children in Ohio, who derive, an act of worship? Is it prayer which no religious instruction, save from our public makes the exercise an act of worship? Not schools.

at all. Coming to the question what the acts for- I am aware that the vain, ivsincere and bidden by these resolutions of the Schoolltyrannical man, Henry W. Bellows, who has

set himself up as a sort of Unitarian bell-State of Ohio, that the reading of the Bible wether, and runs before the advancing Uni- as an act of worship is expressly forbidden tarian flocks with his crook, crying, “no pas- by the very letter of the Constitution of the ture in this direction; keep back, or you may State of Ohio. No man shall be compelled find out something that I don't believe," has to contribute to any form of worship withsaid that this is a sort of Protestant flag, out his consent; and to take the money of that it is an emblem of the supremacy of a Jew or Catholic, and employ it in hiring Protestantism, his Protestantism, whatever men to perform acts of Protestant worship, that may be. But, considered as a Protest- is as direct an evasion of the Constitution ant flag, or considered as an act of worship of Ohio as it is possible to imagine. Genor considered as religious instruction, I pro- tlemen can not get rid of the objection that pose to claim, the exercise is equally out of way. If the act is not an act of worship, place, provided the community be not sub- I desire them to tell me what it is. Why is stantially unanimous in uniting in the exer- the morning hour selected, the beginning of cise as a proper act of worship, or the com- the day, and a passage read from the Bible, munity be not substantially unanimous in with appropriate singing, except that the recognizing Protestant views, or the com- day may be appropriately commenced with munity be not substantially unanimous in the worship of Almighty God. recognizing the schools as appropriate places for religious instruction.

The other thing that is forbidden is religious instruction and the reading of religious books. And right here I want to consider

SEXTRACT FROM THE ARGUMENT what seems to me to be a very far-fetched

OF JUDGE MATTHEWS, BEFORE suggestion—that McGuffey's Readers and a

THE COURT. variety of other books will be cast out from “And if your Honors please, in full view the schools by means of the adoption of of the possible misrepresentations that may these resolutions. I do not so understand it. be made of what I am about to say, I Forbidding religious instruction and the nevertheless do say that I consider that the reading of religious books is certainly not controversy which has, in the language of intended to forbid teaching children to read, the gentlemen upon the other side, so exalthough the matter read may be in its char- cited the feelings of this community, is a acter religious. The gentlemen forget the controversy, as I understand it, on the side explanation that is put upon this, in the of the complainants in this case, about a same resolution—"the true object and in- very small matter in comparison with the tent of this rule to allow the children of evils and the wrongs which, in my judgment, parents of all sects and opinions in mat- the continuance of the system necessarily ters of faith and worship to enjoy alike the entails upon those who object to it. Is benefits of the Common School Fund.” It there anybody, if your Honors please, who means, therefore, that teaching any religion, says that he can not conscientiously send and the reading of books of religion shall his child to a school which is not opened be forbidden in the schools as part of the by the teacher with a selection from the school services. But this, by no means, as Bible and the singing of a hymn ? Is there I understand it, prevents, or was intended to any such person whose conscience is such prevent, the reading of ordinary books that that it is a violation of his sense of right are now used. Aye, more; I do not under- of his obligation to duty, that he can not stand this to prevent the reading of pass- send a child to a school to learn reading, ages of the Bible which occur in the ordina- writing, arithmetic, geometry, algebra, Lary books of reading, if they occur as part of tin, Greek, or any of the branches of the ordinary exercises of the day. But I do ethics, bumanities, sciences, arts, which suppose that it was intended to prohibit, to may be or have been taught in any of the carry out a prohibition which the School common schools of the State of Ohio, unBoard supposed was in the Constitution; the less the day is first dedicated and solemnteaching of religious truth as part of the ized by this or a similar act of worship.? I instruction given to the children by the know of none.

Again, if your Honors please, is there the disclaimers of the gentlemen of the any gentleman in this community who be- opposition, the enmity and hate that they lieves that the reading of the Bible and the respectively feel of a union between church singing of a hymn, as prescribed by the and State is simply the gilding of the bitrules in force previous to the passage of|ter pill. this repeal, as it is read and as it is sung, Again, Judge Matthews said : has ever produced any appreciable good ? Now, if your Honors please, I characterDoes he believe that the manner in which ized this proceeding, in the beginning, as that exercise is done, the manner in which, an attempt to resist and pervert the law, if your Honors please, it always will be and I claim I have a professional interest done under such circumstances, is a rever- to resist that attempt; and it consists not ent and beneficial act of devotion ? only in the solicitation held out by the other

Now, if your Honors please, perhaps I side for a usurpation by a Court of law of am going too far. Certainly I do not mean duties imposed upon another Board, but in to limit the power of God or of His Spirit, maintaining another proposition, and it is nor the force of His truth, nor the omni- this, in a just sense of the term applicable to presence of His grace; but we are looking the issue in this case that, Christianity is a at this case, if your Honors please, human- part of the law of the land. I ask your ly, and I will say at least deliberately this ; Honors' attention in the first place to the that the little good which we may imagine bill of rights, as I have already adverted in particular and individual and isolated to the provisions of the Constitution in recases has taken place is not to be weighed ference to schools. In one thing I agree for an instant, if your Honors please, with with the gentlemen on the other side, that the violation of the conscience of a single, that bill of rights is not a mere series of though the poorest and the meanest, citizen glittering generalities. of the State.

Your Honors, at one time, seemed to And another thing. The good that may grow impatient in listening to my colleabe done in that way is not to be proportioned gues reciting the various acts of oppression for an instant with the evil that is done by and persecution inflicted by the Pagans on this schism in society, which is produced Christians, by Catholics on Protestants, by by even the appearance of predominating Protestants on fellow Protestants and Casupremacy on the part of one sect of Chris-tholics, as if that recital of historical facts tians.

was not germain and relevant to this case, In my judgment, if your Honors please, I think it was very much so, because it is this contest is not about religious education in that recital, it is in those records of hisat all. It is about denominational supre- tory that are written the rise, the progress, macy, the right to be higher, to be better, the development, the establishment of the to be more powerful than your neighbor; principles contained in this Bill of Rights. the right to put him down, to put your feet Every martyr to civil oppression and reliupon his neck; to'say to one, “You are gious persecution is a witness to the truth nothing but an unbelieving Jew," and to of these propositions. These are the landanother, "You are the slave of a Roman marks which establish the boundaries of Bishop," and to both, "What rights of con- our present knowledge of political science. science that a Protestant need to respect They are the records on which the people have you?" I do not make that charge of Ohio have inscribed the advance made without proposing to myself the duty of from generation to generation, from year to maintaining it by proof. I find it, if your year, in the study and the practical applicaHonors please, in the arguments of both tion of elementary truth, and every departure the gentlemen on the other side, for that from that should be carefully watched, and argument reduced to its ultimate result is most sedulously prevented. And yet in neither more nor less than simply this: spite of history we are told by gentlemen, that not only by the constitution of the State as I understand them, that it is a legal of Ohio, but by a law more fundamental and proposition; that the Protestant view of supreme than this, Protestant Christianity religion, as founded on this version of the is the established religion of this State, and Bible, is a part of the law of the State;

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