June 12, 1890
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June 12, 1890
“The Rights of the People” The American Sentinel 5, 24, pp. 185, 186.
IT is remarkable how everything in the way of State or legislative action is running more and more to the theory of force. Even now it has reached that stage where it is demanded that the people shall be forced to be religious, forced to be English, forced to be educated, forced to vote, and there is no knowing what next will come, nor where it will end.AMS June 12, 1890, page 185.1
By Sunday laws and the Bible in the public school the people are all to be forced to be religious. By such as the Bennett law in Wisconsin the people are all to be forced to be English. By a compulsory voting law Governor Hill of this State, as a leading executive, and David Dudley Field, a leading lawyer, propose that all the people shall be forced to vote.AMS June 12, 1890, page 185.2
This theory is subversive of the American principle of government which is the only true principle of civil government. The American principle of government is the principle of rights not force. This Government is a government of rights, not a government of force—a government for protection, not compulsion. “Oh,” it is said “we fully recognize that. We do not propose for an instant to take away anybody’s rights. We simply propose to compel everybody to exercise his rights.” But, the moment that government assumes the authority to compel a person to exercise his rights, that moment it robs him of all his rights. For who is to compel the minority to exercise their rights?—The majority of course. But if the majority may compel the minority to exercise their rights, then that majority have the equal right to compel the minority to exercise those rights as the majority say. Such a proceeding annihilates constitutional government, and substitutes only the government of the mob. The very idea of a constitution is sacredly and safely to guard the rights of the minority against even the slightest encroachment of the majority; whether it be in an attempt to say that any person shall exercise his right, or an attempt to say how he shall exercise it.AMS June 12, 1890, page 185.3
Any claim of the right to compel a person to exercise his rights necessarily carries with it the right to say how he shall exercise them. All this compulsion that is now advocated is claimed to be for the good of the State; it is claimed to be essential to the peace and safety of the State; that is of the majority. It would be absurd to compel a person to exercise a right and then leave him free to exercise that right to the detriment of the State. It would be suicidal to compel people to exercise their right to vote and then leave them free to exercise it in such a way as to overturn the power that does the compelling. It is destructive, rather than preservative, of the peace and safety of the State to compel people to rest and at the same time leave them free to hatch mischief. Therefore any claim of right to compel anybody to exercise his rights necessarily involves the claim of right to compel him to exercise them in a certain way. And that is only to rob him of his rights and his freedom altogether.AMS June 12, 1890, page 185.4
It is true that force is the only power at the command of a civil goverment [sic.]. But the only proper use that can ever be made of it is for protection. It is not to be used to compel a solitary individual to exercise his own rights; but to compel all to recognize, and not to infringe, the rights of others.AMS June 12, 1890, page 185.5
Every person in the United States has the natural right to rest, and to worship, and to be religious, and to speak English; and many of them have the political right to vote. Every person has the right to exercise those rights. And every person has an equal right not to exercise those rights.AMS June 12, 1890, page 185.6
Another instance of this same spirit of despotic invasion of the rights of the people, is shown in the act of Congress empowering the Census Bureau to carry on such a political inquisition as to compel the people of the United State to answer such questions as the following:—AMS June 12, 1890, page 186.1
22. Whether [he or she is] suffering from acute or chronic diseases, with the name of disease and length of time afflicted.AMS June 12, 1890, page 186.2
23. Whether defective in mind, sight, hearing, or speech; or whether crippled, maimed, or deformed, and name of defect.AMS June 12, 1890, page 186.3
24. Whether a prisoner, convict, homeless child, pauper.AMS June 12, 1890, page 186.4
25 and 26. Is the home you live in hired? or is it owned by the head or by a member of the family?AMS June 12, 1890, page 186.5
27. If owned by head or member of family, is the house free from mortgage encumbrance?AMS June 12, 1890, page 186.6
28. If the head of the family is a farmer, is the farm which he cultivates hired? or is it owned by him or by a member of his family?AMS June 12, 1890, page 186.7
29. If owned by head or member of family, is the farm free from mortgage encumbrance?AMS June 12, 1890, page 186.8
30. If the home or farm is not owned by head or member of family and mortgaged, give the post office address of owner.AMS June 12, 1890, page 186.9
When Congress, and legislatures, and governors, and lawyers, advocate the compulsory speaking of English, and compulsory education, and compulsory voting, and the compulsory telling of every personal defect and every private disease, it is not so much to be wondered at that preachers should advocate compulsory religion. When Congress voluntarily sets on foot a political inquisition it is not to be greatly wondered at that the political preachers and churches should petition the same body to establish a religious inquisition also.AMS June 12, 1890, page 186.10
Every one of these things is an unwarrantable invasion of the rights of the people.AMS June 12, 1890, page 186.11
In this Government there are rights of the people, separate from and above both the rights of the States and of the United States. There is such a thing as the rights of the States; there is also such a thing as the rights of the United States; and there is yet further such a thing as the rights of the people. In other words there are State rights, national rights, and personal rights; and each of these is separate from both the others. This is all recognized and expressed in the United States Constitution. The Constitution begins with the words,AMS June 12, 1890, page 186.12
“WE THE PEOPLE.
Then the Ninth Amendment says:—AMS June 12, 1890, page 186.13
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.AMS June 12, 1890, page 186.14
Then the Tenth Amendment says:—AMS June 12, 1890, page 186.15
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or TO THE PEOPLE.AMS June 12, 1890, page 186.16
The makers of this Nation understood this question thoroughly; but it is now almost entirely forgotten. When will the people learn once more to recognize, and to assert, the rights of the people?AMS June 12, 1890, page 186.17
“A Telling Example” The American Sentinel 5, 24, p. 186.
IN The Independent of May 22, we find the following announcement:—AMS June 12, 1890, page 186.1
A telling example of the evil of intoxicating liquors is that offered by the dismissal of Post-Chaplain John Vaughan Lewis, formerly a popular minister of St. John’s Church, the most fashionable church in Washington City, who was appointed to a chaplaincy in the army in 1883. He was compelled to leave his church by his unfortunate, and we must add, criminal habit of drinking. The habit pursued him after he left the church and while a chaplain in the army. A year ago he was confined in an insane asylum for treatment, after having been recommended for retirement by a re-tiring board. It was hoped that the treatment would result in a partial cure, so that he might be restored to duty; but such has not been the case, and an order has been issued directing his retirement with a year’s pay.AMS June 12, 1890, page 186.2
That is also a telling example of the evil of State chaplaincies. There was a man dismissed from the church for drunkenness, and then by some “influence” or other hocus-pocus was made a chaplain in the army. That is to say, he was not fit any longer to belong to a church, therefore it was proper for the State to take him up and give him charge of the spiritual interests and the moral culture of its soldiers.AMS June 12, 1890, page 186.3
Addicted to habitual drinking when he was appointed in 1883, he kept it up all these seven years “while a chaplain in the army;” and a year ago he was confined in an asylum for treatment, with the hope of “a partial cure, so that he might be restored to duty.” That is to say, an habitual drinker is worthy to be appointed a chaplain in the army, and so long as he is not entirely gone in besotted inebriety he is capable of performing “duty” as a chaplain. When, however, it is no longer possible to keep him even partially sober then it is proper to retire him “with a year’s pay.” Eight year’s pay, therefore,—not less than ten thousand dollars of public money—has been paid to this chaplain for doing a drunkard’s “duty.”AMS June 12, 1890, page 186.4
Such a misappropriation of public money however is a very small item in comparison with the infamous and standing insult thus imposed upon every enlisted man in the United States Army. For, to assume—as the appointment of such a character as that to the office of chaplain, and as the keeping of him there knowing him to be such, does assume—that the soldiers of the United States army are so low and degraded that a confirmed drunkard is a fit instructor in morals and a proper person to take charge of their spiritual interests, is nothing short of an infamous insult imposed upon every enlisted man in the service.AMS June 12, 1890, page 186.5
Considerable has been said lately about bettering the condition of the enlisted men in the army. There is plenty of room for it. And the total abolition of the whole system of State chaplaincies in the army and everywhere else, would be an excellent beginning.AMS June 12, 1890, page 186.6
Under the circumstances it is difficult to suppose that this man was not known to be what lie was, when he was appointed. For President Arthur, who appointed him, was an attendant at the very church of which he was a minister before he was appointed chaplain. It is indeed atelling example.AMS June 12, 1890, page 186.7
“The Free Exercise of Religion” The American Sentinel 5, 24, pp. 189, 190.
THE following is an extract from a speech delivered by the editor of this paper before the House Committee on the District of Columbia, February 18, 1890:—AMS June 12, 1890, page 189.1
There is another consideration in this which shows that the State will be compelled to take official and judicial cognizance of the conscientious beliefs and observances of the people. It is this: When a law is enacted compelling everybody to refrain from all labor or business on Sunday, excepting those who conscientiously believe in and observe another day, then there will be scores of men who know that in their business—saloons, for instance—they can make more money by keeping their places of business open on Sunday than on another day, because more men are idle that day. They will therefore profess to observe another day and run their business on Sunday. This is not simply a theory, it is a fact proved by actual examples. One of the very latest I will mention. I have here a clipping from the Southern Sentinel, of Dallas, Texas, February 4, 1890, which I read:—AMS June 12, 1890, page 189.2
Right here in Dallas we have an example of how the law can be evaded. Parties have leased the billiard hall of the new McLeod Hotel, and have stipulated in their lease that they are conscientious observers of the seventh day [though to the best of the common knowledge and belief they are not]; that, in consequence, their business house will be closed on Saturday, and will be open on Sunday.AMS June 12, 1890, page 189.3
Mr. Grout—If they are known not to be conscientious worshipers, and keepers of the seventh-day Sabbath, what defense would they have?AMS June 12, 1890, page 189.4
Mr. Jones—The defense would still be a claim of “conscientious belief in, and observance of, another day.” The claim indeed might not be sincere. And if there were any question of it in the community, it would certainly be disputed and the court would be called upon to decide. Thus you see that by this bill the United States courts will be driven to the contemplation of conscientious convictions and compelled to decide upon the sincerity of conscientious beliefs and observances. And thereby it is proved that the introduction and advocacy of this bill is an endeavor to commit Congress and the Government of the United States to the supervision of the conscientious convictions of the people.AMS June 12, 1890, page 189.5
Now, gentlemen, to prevent this was the very purpose of the First Amendment to the Constitution. It is well known, as I have stated, that the Colonies which formed the original thirteen States had each one an established religion. When it was proposed to organize a Federal Government, the strongest influence that had to be met and overcome was jealousy of a national power—a fear that a national power would override the powers and interfere with the domestic affairs of the States. It was this that caused the adoption of the First Amendment to the Constitution. Their affairs of religion and the exercise thereof being the dearest of all, are first assured protection. Fearing that the national government might enact laws which would restrict or prohibit the free exercise of the religion of any of the people of the States; or that it might adopt or indorse some one of the religious establishments of the States, and thus form an alliance which might annihilate both political and religious individuality; that the political individuality of the States and the religious individuality of the people might be free; for themselves and their posterity the people declared that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”AMS June 12, 1890, page 189.6
It is not to be inquired whether there was any danger of that which they feared, they feared it and that is enough. And because they feared it, because they were so jealous—rightly jealous too—of their religious rights and conscientious convictions, they guarded these, as they intended and supposed, forever, from any supervision or cognizance whatever on the part of the national Government. And upon this I quote now more fully the words of Bancroft, to which I merely referred a little while ago:—AMS June 12, 1890, page 189.7
Vindicating the right of individuality even in religion, and in religion above all, the new Nation dared to set the example of accepting in its relations to God the principle first divinely ordained in Judea. It left the management of temporal things to the temporal power; but the American Constitution, in harmony with the people of the several States, withheld from the Federal Government the power to invade the home of reason, the citadel of conscience, the sanctuary of the soul; and, not from indifference, but that the infinite spirit of eternal truth might move in its freedom of purity and power.—History of the Formation of the Constitution, Book V, chapter I.AMS June 12, 1890, page 189.8
Thus says the historian, there is by the Constitution “perfect individuality extended to conscience.” This individuality, these rights, are as dear to us and as sacred as they were to the fathers of our Nation, yet no more so to us than to other people. Therefore, gentlemen of the committee and the representatives of the people, by your respect for the Constitution and your oath to support it, and in behalf of the sacred rights of all the people, we implore you to give no heed to any demand for legislation, which in any way, to the least degree, proposes to touch the conscientious beliefs or observances of a solitary individual in all the land; give no heed to this bill, which in its very terms, proposes to commit Congress to the supervision of conscientious beliefs, and proposes to drive the national power into a field where the makers of that power forbade it to go, and to compel it to assume jurisdiction of questions which they have forbidden it even to consider.AMS June 12, 1890, page 189.9
Now, as to the petition—their petition I mean (our petition is all right, that needs no defense), the petition which the other side is circulating—that petition shows what this bill means. Both this bill and the Senate bill, “which includes this,” were framed and introduced upon this petition. If we know what the petition asks for, we shall know also what the bills are intended to give. Here is the petition—I read the one for the national law, “which includes this.”AMS June 12, 1890, page 189.10
To the House of Representatives of the United States:—
The undersigned organizations and adult residents (21 years of age or more) of the United States hereby earnestly petition your honorable body to pass a bill forbidding in the United States mail and military service, and in interstate commerce, and in the District of Columbia and the Territories, all Sunday traffic and work, except works of religion.AMS June 12, 1890, page 189.11
The question then which would inevitably arise upon this is, What religion is it whose works of religion only shall be excepted? That question would have to be answered. It would have to be answered by the United States courts or by Congress. But whenever, or by whichever, it shall be answered, when it is answered, that moment you have an established religion—a union of Church and State. You cannot go back if you take the first step. The last step is in the first one, and we beg of you, gentlemen of the committee, and of these men themselves, for their own sakes as well as ours, do not take the first step.AMS June 12, 1890, page 189.12
We all know that the most wickedly cruel and most mercilessly inconsiderate of all governments is that in which the ecclesiastics controls the civil power. And how are you going to escape it under such laws as here proposed? Who is to enforce these Sunday laws? Who, indeed, but those who are working for them? Certainly those who are opposed to them, or indifferent about them, will not enforce them. Who then are they who are working for the enactment of these laws? Who organize the conventions and count out the opposite votes? Who appeared here before your committee to argue in favor of it? Who, indeed, but the Church managers? for you saw how summarily the Knights of Labor part of the delegation was squelched.AMS June 12, 1890, page 189.13
Well, then, if it is the Church which secures the enactment of the law, it will be the Church that will have to see to the enforcement of the law. In order to do this she will be compelled to have police and courts which will do her bidding. This is her great difficulty now. There is now no lack of Sunday laws, either in the States or the Territories, but the laws are not enforced. In order to get executives and police and courts who will enforce the law to her satisfaction, the Church will have to elect them. Then, as said Mr. Crafts in this city the other day, they will form “law and order leagues to enforce” the Sunday laws. Here then is the system: The Church combines to get the law enacted; the Church secures the election of officers who will do her bidding; the Church forms “law and order leagues” to make sure that the officers do her bidding and enforce the law. Where, then, will the State appear, but in the subordinate position to formulate and execute the will of the Church? Then you have the Church above the State, the ecclesiastical superior to the civil power. This is just what is in this national Sunday-law movement; and this is what will certainly come out of it. It is inherent there.AMS June 12, 1890, page 190.1
But when George III. undertook to make the military superior to the civil power, our liberty-loving fathers declared it tyranny and avowed such things should not be in this land. And now when a movement reaches the national Capitol which bears in itself an attempt to make the ecclesiastical superior to the civil power, it is time for the American people to declare that this is tyranny also, and resolve that no such thing shall be in this land. That attempt one hundred and fourteen years ago grew out of the “divine right of kings” to govern, and the doctrine that governments do not derive their just powers from the consent of the governed. This attempt now grows out of the divine right of the ecclesiastics to govern, and likewise that governments do not derive their just powers from the consent of the governed. The President of the American Sabbath Union, which is the originator of this national Sunday-law scheme, has definitely declared in so many words that “governments do not derive their just powers from the consent of the governed;” and one of the secretaries of an auxiliary Union has as definitely stated that “this movement is an effort to change that feature of our fundamental law.”AMS June 12, 1890, page 190.2
Gentlemen, when such doctrines as these are openly avowed, and when such an attempt is as this is made by those who avow them, to embody them in national law, it is time for all the people to declare as we decidedly do, that this Nation is, and of right ought to be, FREE AND INDEPENDENT OF ALL ECCLESIAMSTICAL OR RELIGIOUS CONNECTION, INTERFERENCE, OR CONTROL.AMS June 12, 1890, page 190.3