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ent being, that may not be abridged, res- by legislative enactment would be declared tricted, or controlled by any human power. unconstitutional by the Supreme Court.
Again, the Constitution provides, Art. vi., With how much more reason does it fol. Sec. 2. that “ The General Assembly shall low that this regulation is contrary to the make such provision, by taxation or other. laws, the Cor.stitution and the whole spirit wise, as with the income arising from the of our institutions; because this Board school trust fund, will secure a thorough and possesses no legislative power whatever, efficient system of common schools through- but only ministerial powers and duties for out the State; but no religious, or other the purpose of organizing and maintaining sect, or sects, shall ever have any exclusive the common schools under the express right to, or control of any part of the school provisions of the acts of the Legislature. funds of this State."
It is true that the infidels send their chilThis regulation gives to the Protestant dren to the common schools, notwithstandsects an exclusive right to and controlling this regulation, because they care but over that part of the school funds of this very little about it. It is true that the Jews State, that pays the expenses of the schools send their children to the common schools for the time occupied in this religious in- also. But only about three thousand chilstruction, For the Catholics do not parti. dren of Catholic parentage in this city atcipate in this religious instruction, that tend the common schools, while eighteen occupies fifteen minutes or half an hour thousand children are deprived of that of each day in the public schools or one privilege on account of the canons of their eleventh part of the time—which amounts church and their right of conscience upon to nearly one month in each year. And the subject of this regulation. A large this exclusive right to and control over the body of these children would be in the school funds extends even farther than that, schools at this time if this regulation was because, as I am informed by a catholic out of the way. And I am fully assured priest, there are 21.000 Catholic children that not less than five thousand of them will in this city and it is estimated that only be in the schools this winter if these resoabout 3,000 of them attend the common lutions are adopted, even though no comschools, the remaining, 18,000 children be. promise or arrangement is made with the ing virtually excluded by this regulation. Catholic clergy.
The Supreme Court of the State decided “It is to the interest of the State at large in the case of Bloom against Richards (20 that all children shall be educated, and it St. Rep. page 337.) that “Christianity is a is upon this theory that the property of the part of the common law of England, but, citizens of the whole State is taxed for the under the provisions of our Constitution, support of the great school system of Ohio. neither Christianity, nor any other system of And this reason applies with peculiar force religion is a part of the law of the State.'' to the children of parents of limited means.
The Court were unanimousin this opinion. "The children are not responsible for the The Supreme Court again held, in the case superstition, religious opinion or conscience of McGatrick vs. Wasson, (4 O, St. Rep. of their parents, and if these children are 566.) affirming unanimously, the opinion de-kept out of school for any reason or whim, livered in the case of Bloom vs. Richards, it is our duty to remove the objection, if that the statutes were “wholly secular," within our power so to do. This is justice that no power whatever is possessed by any and humanity. department of this State over things spirit. ual, but only over things temporal. “As the statutes of the State are "wholly |
REMARKS OF S. A. MILLER.
REMARKS OJ secular," as the Legislature has power only On the 25th. of October, 1869 at a regular over things temporal and not over things meeting of the Board, Mr. S. A. MILLER said: spiritual, as neither Christianity nor any Since these resolutions have been before other form of religion is any part of the law the Board, I have taken some pains to asof this State, it follows that even the Legis- certain how many Boards of Education in
ature would be wholly powerless to enforce the State of Ohio have adopted such a reg. such a regulation as this, and any attempt'ulation as the one in force here. I believe
that I am correctly informed, that no They showed some of that spirit in this Board of Education in this county ever hall, and they showed it outside of this hall. adopted a rule requiring the Bible to be Instead of a fair open and frank discussioni read in the Schools with appropriate sing of the question instead of treating it as ing, except this Board. But on the con- men who are attempting to do their duty trary, some of the School Districts have they treated it after the manner of bigots adopted regulations prohibiting all religi- and enthusiasts. They endeavored to inous instruction of what kind soever in flame the public mind, to arouse personal their Public Schools. The local trustees animosities, religious prejudices, and really of the Corryville Precinct, four or five to create disturbances in the City. Finalyears ago, adopted a resolution prohibiting ly three lawyers were induced to make the reading of the Bible in their School. speeches at Pikes Hall, that have been her
Immediately thereafter seventy children, alded extensively all over the country, as who had never before attended the School, the legal defense of the use of the Bible in attended it. The trustees of the Second the Public Schools. The first of these Dis rict in Mi'l-Creek Township, known as lawyers opened his speech with the declaraWoodburn on East Walnut Hills, two or tion that the “Bible had lain for two hundred three years ago by a resolution that is now years at the foundation of that great Amerstanding on their journal, and strictly en-ican institution, the Public Schools." He forced prohibited the reading of the Bible, might as well have said for two thousand and all other religious exercises, in their years, or if he wanted his discovery to apSchool. But few Public Schools in this pear as large as moving mountains, with a County outside of this city have ever been margin sufficient to fall “a cat or two," two opened with such religious exercises and hundred thousand years. Either statement yet the reasons against such opening exer- would have been alike destitute of history, cises are stronger in this City than in of truth, and foreign to an honest and any other part of the County.
fair discussion of the subject before this I have been informed reliably, as I think, School Board. by persons acquainted in about fifteen coun- The history of the School question does ties of this State, that no Board of Educa'not date prior to the ordinance of 1785 tion, in any of these counties has ever nearly eighty-five years ago. That ordiadopted any such religious regulation. In nance provided for the laying out of the some of the counties not a single School North-Western Territory into townships of District in the county has been in the habit six miles square each, and dividing each of having any such devotional exercises at township into thirty-six sections, and for the opening of the School. A further in- giving the sixteenth section in each townvestigation will in my opinion discover ship for school purposes. No action was the fact that this Board stands almost alone lever taken under that ordinance for the adin this regulation.
vancement of schools, and history does not In this city it seems, by the enumera- make mention of any Public Schools in tion, that there are about ninety-five thous-Ohio, until since the year 1802 almost and white children, while only about twenty within the memory of some of the members thousand attend the Public Schools. The of this Board. other children attend Catholic Schools, pri- In April 1802, a Convention being about vate Schools or other Schools, or do not to convene, for the purpose of adopting a go to School at all. Any person at all ac- constitution, preparatory to admission into quainted with the public feeling upon the the Union as a State of that part of the School question, knows that there is some- North-Western Territory now known as thing wrong about it, and that this question Ohio, the Congress of the United States, by of religious instruction is one of the caus- resolution, made a series of propositions to es preventing a full attendance.
the convention, the leading one being the When these resolutions were introduced, proposition to grant to the State one thirtythey were met, as I think, on the part of sixth part of all the lands for School parmany of the Clergy, and not a few of the poses. The Convention assembled in Nolaymen of this City, in a very bad spirit. Ovember and accepted the propositions with
slight modifications, among which was the mencement of the School system in the modification that these lands should be ves- State of Ohio. This was the commenceted in the Legislature in trust for School ment, as I conceive, of the grandest swindle purposes. The modifications were after- ever perpetrated on the people of the State wards acceded to by Congress. The Con- of Ohio, because the argument used in favstitution of 1802 provided that the schools or of it was that, in some of the townships and universities supported from the funds the lands were better than in others, and arising from these lands should forever be hence there was an inequality; that one open to the children of the State, without township would have better schools than any grade, or distinction, or preference another, because she would have a larger whatsoever. The Legislature of 1803 pass- fund, and that by the county system of taxed the first Act in the history of the public es, the children could all be educated alike schools in Ohio which provided for the and this inequality in the land could be releasing of these lands. In 1805 this Act moved. Following this, in 1827, an Act to was repealed and supplied by an Act pro- sell all these lands was obtained, which viding that these lands should be leased by was amended in 1831, and from time to the township trustees, in their corporate time since. These lands have all been capacity, and that the funds arising there- sold and the State has used the money. from should be by them duly and impartially The lands that were given to the Legislaapplied to the education of all the youths
souths ture in trust for the education of the chil. residing in the several townships, without dren
nout dren of this generation and the next gen. any distinction or preference whatsoever contrary to the purposes of the donation.
eneration and so forth forever, have beeu sold,
*: the State has used the money, not a vestige This Act was amended in 1806 and again
" of it is left. in 1815, and again in 1821, at which timeli
On the contrary to sustain a a complete system of township education
humbug, called the irreducible fund, the was adopted. The townships were divided peo
people of this county are annually taxed by into school districts, and these school dis- the State to pay the interest on the sum for tricts were empowered to elect trustees, to
which the lands were squandered in other assess a special tax for building school co
counties so that we are burthened now, behouses, and for paying salaries to school cause we were once the beneficiaries of a teachers. The same provision for the edu- trust fund, that we were long since swincation of all the children in each township dled out of. . call the attention of the without distinction or preference is to be Board to this history, for the purpose of found in every Act. And in order that showing, not only the ignorance of some there might be no dispute about the perfect gentlemen as to the beginning of public edequality in the distribution of this fund, the ucation; but to show that some of the old Legislature, in 1824, provided that children lights of education in this City, so frequent. attending school out of their own districtly cited, neglected the public interests, while might still draw their proportion of the they were endeavoring to violate the law public funds on the certificate of the teach- and force Protestant worship upon the puber showing their attendance. Thus were lic schools the schools kept equally free and accessi- Now I will pass from the history of the ble to all the children, and even further School question to the Constitution of 1851, than that, for a child might attend a Cath- because at this point begins all legal disolic School or a Protestant School out of cussion touching this subject. In 1851 we his own District and yet draw his share of declared in our Bill of Rights, that no man the School fund.
should be compelled to support any place In 1825 the Legislature passed an Act of worship, or to maintain any form of adopting the county system of education, worship against his consent. This is the and providing for examiners of teachers enunciation of a principle that is inherent and the levying of one half mill on the and inalienable. No person is to be dedollar on the tax duplicate for school pur prived of this right at any time, nor upon poses. The last gentleman who spoke a any occasion. Now, if a person who is Pike's Hall, said that this was the com compelled to pay taxes, is required to
submit to have them used to maintain a of age, who reside in the city, subject only form of worship that he is not in favor of, to such regulations for their admission, he is compelled to maintain a form of wor-government and instruction, as the trustees ship against his consent. It may be said may provide. It is in force here in this that reading the Bible is not a form of wor-Board, but is not enforced. I ask you if a ship; but reading the Bible, with appropri- School is equally free and accessible to a ate singing is a form of worship. Not only child whose parents are in favor of and to a that, but the system that has come into use child whose parents are opposed to, the in this city, in all the District Schools with adopted form of worship used as an openwhich I am acquainted, is this: The teach-ling exercise. I ask any gentleman if the er reads a chapter from the Bible, the chil. Catholic Schools are equally free and acdren all bow down in prayer, they chant a cessible to the Catholic and the Protestant prayer, they sing a hymn or several hymns child? And if it is answered that they are or such religious pieces as the teacher may not equally free and accessible, then I ask decide upon. My understanding of the you if our Public Schools are equally free Protestant form of worship, aside from and accessible to the Catholic and the Prothose rites and ceremonies that are more testant? We all know that they are not. for appearance and to captivate the young, We have adopted and put into use a form than for any essential purpose, is that it of worship that makes the Schools of this consists in reading the Bible, prayer and city not equally free and accessible to all the singing of hymns, for the exhortation children. or preaching is certainly not an essential I ask you if this form of worship, this part of their form of worship.
devotional exercise at the opening of the The lawyers that discussed the matter Schools every morning is a regulation for at Pike's Hall, did not refer at all to that admission into the Schools, for the governclause of the Constitution, relating directly ment of the schools, or for instruction in to the subject of education. That clause the Schools? I say it is not. You know provides that: “no religious sect or sects that it is not. It is a devotional exercise; shall ever have any exclusive right to, or it is so understood by everybody; and it has control, of any part of the School Fund of been so preached from every pulpit in this this State.” Now, when that matter was city. before the Convention in this State, each I desire to call the attention of the Board word of it was considered and discussed at to some of the legal arguments that were length. The word "sects” was introduced used at Pike's Hall. Mr. Sage, said that after considerable discussion, for the pur- it was a well recognized principle of law, pose of covering a combined union of a that the Constitution is to be examined in number of sects. The Protestants are di- the light of the history of the times, and the vided into a great many sects, and in order state of things existing at the time of its to cover any union or understanding that adoption. Mr. Ramsey entertained the same might exist among them, the word "sects” opinion. They argued therefore that as was placed in this provision. The words there were chaplains in the army and as 'any exclusive right to” were likewise much George Washington was a Christian that discussed in the Convention, and the word such history proved that Church and State "any” inserted so that no right should be were united here; that this is a Christian enjoyed by one child, that another child State, a Christian Government, and that was excluded from enjoying. I ask any the Public Schools should have Christiangentleman who understands the English ity taught in them. They said they would language what those words mean? We have Christianity taught in the Schools; have a law in the State of Ohio under this they must have it and if that was not the provision-a Statute law, and it may be Constitution of this State, they would see found on page 777 of Disney's Laws and to it that the Constitution would be changed Ordinances. It provides that the Common in two years from this time. On account Schools in the several districts of this city of their well-known ability and capacity shall be "equally free and accessible" to to make this change, I confess I was gratiall white children not less than six years' fied to hear they had taken that course on
the question. But, Mr. President, I main-titled, “An answer to objections against the
asleep. Their steps may be heard as they Now all I ask is that you consider the hurry along the sidewalk to the church. language used in the Statute, and in the They are here in the morning at an early Constitution upon this subject, and honest-hour, and at night this church is crowded to ly pass your judgment.
excess, maybe until ten or eleven o'clock.
said, when they have noticed this earnest-
ness of our people: “Well, really, what a On Monday night, November 1st, 1869 zeal these people display in their religion! after an excited and prolonged discussion. Oh! what a pity they are not allowed to the Resolutions, as they were offered by Mr. read the Bible! Would not all of these Miller, were adopted by the "Board of Edu-Catholics make very excellent and very cation of Common Schools of Cincinnati,',
fervent Protestants if they would only get by the following vote:
| a peep at the Bible! Their priests won't Yeas–J. H. Brunsman, C. F. Bruckner,
allow them to look into the Bible.”
error and their ignorance if they would
formation, and of edification, and as a Absent-Messrs. Kreiger, Ferry and means of sanctity. Fisher.
The Catholic Church has never forbidden her children to read God's holy book, the
Bible, for it is in the Bible that the Catholic LECTURE OF FATHER DAMEN. Church finds her support, and all her doc
Father Damen, a Catholic Priest, deli- trines which she teaches. The Catholic re vered a lecture at St. Xavier's Church, en- ligion is pre-eminently a Bible religion.