the Universe ;*-and the latter requires every person appointed to any office of profit or trust, to "subscribe a declaration of his belief in the Christian religion."+ Two of them concur in the sentiment, that "morality and piety, rightly grounded on Evangelical principles, will be the best and greatest security to government; and that the knowledge of these is most likely to be propagated through a society, by the institution of the public worship of the Deity, and of public instruction in morality and religion."‡ Only a small part of what the Constitutions of the States contain in regard to the Christian religion, is here cited; but my limits. do not permit me to cite more. At the same time, they all grant the free exercise and enjoyment of religious profession and worship, with some slight discriminations, to all mankind. The principle obtained by the foregoing inductive examination of our State Constitutions, is this:-THE PEOPLE OF THE UNITED STATES HAVE RETAINED THE CHRISTIAN RELIGION AS THE FOUNDATION OF THEIR CIVIL, LEGAL AND POLITICAL INSTITUTIONS; WHILE THEY HAVE REFUSED TO CONTINUE A LEGAL PREFERENCE TO ANY ONE OF ITS FORMS OVER ANY OTHER. In the same spirit of practical wisdom, moreover, they have consented to tolerate all other religions.

The Constitution of the United States contains a grant of specific powers, of the general nature of a trust. As might be expected from its nature, it contains but slight references of a religious kind. In one of these, the people of the United States profess themselves to be a Christian nation. In another, they express their expectation, that the President of the United States will maintain the customary observance of Sunday; and by parity of

The quotation here is from the Constitution of New-Hampshire; (Part i. Art. 6.) and the concurrence is substantial, not verbal. The parallel passage in the Constitution of Massachusetts runs thus :-"The happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion and morality, and these cannot be generally diffused through the community but by the institution of a public worship of God, and of public institutions, (instructions) in piety, religion and morality."-Part i. Art. 3. § See Note B.

*

reasoning, that such observance will be respected by all who may be employed in subordinate stations in the service of the United States. The first amendment declares, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This leaves the entire subject in the same situation in which it found it; and such was precisely the most suitable course. The people of the United States having, in this most solemn of all their enactments, professed themselves to be a Christain nation; and having expressed their confidence, that all employed in their service will practice the duties of the Christian faith ;-and having, moreover, granted to all others the free exercise of their religion, have emphatically declared, that Congress shall make no change in the religion of the country. This was too delicate and too important a subject to be entrusted to their guardianship. It is the duty of Congress, then, to permit the Christian religion to remain in the same state in which it was, at the time when the Constitution was adopted. They have no commission to destroy or injure the religion of the country. Their laws ought to be consistent with its principles and usages. They may not rightfully enact any measure or sanction any practice calculated to diminish its moral influence, or to impair the respect in which it is held among the people.‡

* See Note C.

The meaning of the term "establishment" in this amendment unquestionably is, the preference and establishment given by law to one sect of Christians over every other. This is the customary use of the term in English history and in English law, and in our colonial history and law. See 3 Story's Comm. 722-731, where the author has commented on this amendment with his usual learning and candour.

It has sometimes been concluded, that Christianity cannot have any direct connexion with the Constitution of the United States, on the ground, that the instrument contains no express declaration to this effect. But the error of such a conclusion becomes manifest, when we reflect, that the case is the same with regard to several other truths, which are notwithstanding, fundamental in our constitutional system. The Declaration of Independence says, that "governments are instituted among men, to secure the rights of life, liberty and the pursuit of happiness;" and that "whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government." These principles lie at the foundation of the Constitution of the United States. No principles known to the Constitution are more fundamen

If a question could be raised, in regard to the soundness of the view, which has now been taken, of the relation in which our Constitutions of government stand to the Christian religion, it must be settled by referring to the practice which has existed under them from their first formation. The public authorities both in our State and National Governments, have always felt it to be required of them, to respect the peculiar institutions of Christianity, and whenever they have ventured to act otherwise, they have never failed to be reminded of their error by the displeasure and rebuke of the nation. From the first settlement of this country up to the present time, particular days have been set apart by public authority, to acknowledge the favour, to implore the blessing, or to deprecate the wrath of Almighty God. In our Conventions and Legislative Assemblies, daily Christian worship has been customarily observed. All business proceedings in our Legislative halls and Courts of justice, have been suspended by universal consent on Sunday. Christian Ministers have customarily been employed to perform stated religious services in the Army and Navy of the United States. In administering oaths, the Bible, the standard of Christian truth is used, to give additional weight and solemnity tal than these. But the instrument contains no declaration to this effect; these principles are no where mentioned in it; and the references to them are equally slight and indirect with those which are made to the Christian religion. The same may be said, of the great republican truth, that political sovereignty resides in the people of the United States. If then, any one may rightfully conclude, that Christianity has no connexion with the Constitution of the United States, because this is nowhere expressly declared in the instrument; he ought, in reason, to be equally convinced, that the same Constitution is not built upon and does not recognize the sovereignty of the people, and the great republican truths above quoted from the Declaration of Independence. This argument receives additional strength, when we consider that the Constitution of the United States was formed directly for political, and not for religious objects. The truth is, they are all equally fundamental, though neither of them is expressly mentioned in the Constitution. Besides, the Constitution of the United States contemplates, and is fitted for such a state of society as Christianity alone can form. It contemplates a state of society, in which strict integrity, simplicity and purity of manners, wide diffusion of knowledge, well disciplined passions, and wise moderation, are the general characteristics of the people. These virtues, in our nation, are the offspring of Christianity, and without the continued general belief of its doctrines, and practice of its precepts, they will gradually decline and eventually perish. See Note D.

to the transaction. A respectful observance of Sunday, which is peculiarly a Christian institution, is required by the laws of nearly all, perhaps of all the respective States.* My conclusion, then, is sustained by the documents which gave rise to our colonial settlements, by the records of our colonial history, by our Constitutions of government made during and since the Revolution, by the laws of the respective States, and finally by the uniform practice which has existed under them.t Manifold more authorities and illustrations might have been given, if such a course had been consistent with the limits which it was necessary to prescribe to myself on this occasion. But the subject is too important to be brought to a close without some further observations.

1st. We cannot too much admire the wisdom displayed by the American people in establishing such a relation between the Christian religion and their political institutions. To have abolished Christianity, or to have shewn indifference to its sacred nature and claims in framing their political institutions, would have been committing a great national sin. It would have been, also, to forget the Divine warning, that "except the Lord build the house, they labour in vain that build it." To have given a legal preference to any one form of Christianity over another, would have been to depart from the usage of primitive times, and to sanction abuses to which it was no longer necessary to adhere. To have refused to others the free exercise of their religion, whatever this might be, would have been illiberal and at variance with the spirit of the age. They wisely chose the middle course ;-the only course in

* "All the States of the Union, I believe, (twenty-three of them certainly,) by explicit legislative enactments, acknowledge and declare the religious authority of Sunday."-Speech of Mr. Frelinghuysen of New-Jersey, in the Senate of the United States, 8th May, 1830. Psalm 127, 1.

t See Note E.

The Constitution of S. Carolina, contains this provision; "The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall, forever hereafter, be allowed within this State to all mankind: Provided, that the liberty of conscience thereby declared, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State." The Constitutions of New-York, of the dates both of 1777 and 1821 contain this same

fact warranted by Scripture, by experience and by primitive usage. They rightly considered their religion as the highest of all their interests,* and refused to render it in any way or in any degree, subject to governmental interference or regulations. Thus, while all others enjoy full protection in the profession of their opinions and practice, Christianity is the establishedt religion of the nation, its institutions and usages are sustained by legal sanctions, and many of them are incorporated with the fundamental law of the country.‡

provision, and as it appears to be frequently misunderstood, the author adds Ch. J. Kent's exposition of it, contained in 8 Johnson, 296. He speaks of it thus :-"This declaration (noble and magnanimous as it is, when duly understood) never meant to withdraw religion in general, and with it the best sanctions of moral and social obligation, from all consideration and notice of the law. It will be fully satisfied by a free and universal toleration, without any of the tests, disabilities or discriminations, incident to a religious establishment. To construe it as breaking down the common law barriers against licentious, wanton and impious attacks upon Christianity itself, would be an enormous perversion of its meaning." The proviso, continues he, guards the article from such dangerous latitude of construction when it declares, that "the liberty of conscience hereby granted, (declared) shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.'" "The proviso is a species of commentary upon the meaning of the article. The framers of the Constitution intended only to banish test oaths, disabilities and the burthens and sometimes the oppressions of Church establishments; and to secure to the people of this State, freedom from coercion, and an equality of right on the subject of religion. This was no doubt the consummation of their wishes. It was all that reasonable minds could require and it had long been a favourite object, on both sides of the Atlantic, with some of the most enlightened friends to the rights of mankind, whose indignation had been roused by infringe. ments of the liberty of conscience, and whose zeal was inflamed in the pursuit of its enjoyment."

*The great interests of a country may be ranked thus:-1. Its religious and moral interests. 2. The peace of the country both in regard to foreign enemies and internal convulsions. 3. The intellectual interests, or the interests of education. 4. The pecuniary interests.

+ The term "established" is here used as well as at p. 11. in its usual and not in its legal or technical sense, see p. 13.

+ "Let us not forget the religious character of our origin. Our fathers were brought hither by their high veneration for the Christian religion. They journeyed by its light and laboured in its hope. They sought to incorporate its principles with the elements of their society, and to diffuse its influence through all their institutions, civil, political or