money shall be drawn from the treasury for the benefit of any religious or theological institution, nor shall any money be appropriated for the payment of any religious services in either house of the legislative assembly." (Organic Law, Art. I, Secs. 1 and 3; State Const., Art. I, Secs. 2, 3, 4 and 5.)

CHAPTER V.

SOUTHERN

RELIGIOUS LIBERTY-STATE CONSTITUTIONS—THE
STATES-TOLERATION IN THE STATES, AN ISSUE OF PROVI-

DENCE.

§ 62. By the "Declaration of Rights made by the Representatives of the good people of Virginia, assembled in full and per convention," it is declared, among other things, as the "basis and foundation of government," that religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other." (State Constitution, Bill of Rights, Sec. 16.)

§ 63. In North Carolina the Constitution declares that "there shall be no establishment of any one religious church or denomination" in the State, "in preference to any other; neither shall any person, on any pretense whatever, be compelled to attend any place of worship contrary to his own faith or judgment, nor be obliged to pay for the purchase of any glebe, or the building of any house of worship, or

for the maintenance of any minister or ministry, contrary to what he believes right, or has voluntarily and personally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship," provided that nothing contained in that declaration is to be "construed to exempt preachers of treasonable or seditious discourses from legal trial and punishment." (State Const., Art. XXIV.)

§ 64. It is also peremptorily declared that "no person who shall deny the being of God, or the truth of the Protestant religion, or the divine authority of either the Old or New Testament, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office, or place of trust or profit, in the civil department" within the State. (Tb., Article XXII.)

65. By the Constitution of the State of South Carolina it is provided that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference," shall forever be allowed within the State "to all mankind;" provided, however, 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 the State. Rights, privileges, immunities and estates of religious societies are, however, recognized by the Constitution. (State Const., Art. VIII, Secs. 1 and 2.)

§ 66. In the Georgia State Constitution it is ordained that "no person within the State shall, upon any pretense, be deprived of the inestimable privilege of worshiping God in a manner agreeable to his own conscience, nor be compelled to attend any place of worship contrary to his own faith and judgment; nor shall he ever be obliged to pay

tithes, taxes or any other rate for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do." It is further provided that "no one religious society shall ever be established" in the State,."in preference to any other; nor shall any person be denied the enjoyment of any civil right merely on account of his religious principles." (State Constitution, Art. IV, Sec. 10.)

§ 67. By the Florida Constitution it is declared that "all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience; and that no preference shall ever be given by law to any religious establishment or mode of worship," in the State. (State Const., Art. I, Sec. 3.)

68. In the State of Alabama it is declared that no person within the State shall, upon any pretense, "be deprived of the inestimable privilege of worshiping God in the manner most agreeable to his own conscience, nor be compelled to attend any place of worship; nor shall any one ever be obliged to pay any tithes, taxes or other rates, for the building or repairing any place of worship, or for the maintenance of any minister or ministry." (State Const., Art. I; Declaration of Rights, Sec. 3.)

§ 69. It is further declared that "no human authority ought, in any case whatever, to control or interfere with the rights of conscience," and also that "no person shall be hurt, molested or restrained in his religious profession, sentiments or persuasion provided he does not disturb others in their religious worship." (Ib., Secs. 4 and 5.)

§ 70. The Constitution also declares that the "civil rights,

privileges or capacities of any citizen shall in no way be diminished or enlarged on account of his religious principles;" and, still further, that "there shall be no establishment of religion by law," and that "no preference shall ever be given by law to any religious sect, society, denomination or mode of worship;" and also that "no religious test shall ever be required as a qualification to any office or public trust" under the State. (Ib., Secs. 6 and 7.)

1

§ 71. The Constitution of the State of Kentucky, like that of Illinois, and in similar language, asserts that "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; that no human authority ought, in any case whatever, to control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship." And further, that "the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion." (State Const., Art. XIII, Secs. 5 and 6.)

§ 72. So, also, in similar language, the Constitution of Tennessee asserts that "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man can, of right, be compelled to attend, erect or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no prefer ence shall ever be given, by law, to any religious establishment or mode of worship;" and further, that no religious test shall ever be required as a qualification to any office or

public trust under the State. (State Const, Art. I, Secs. 3 and 4.)

§ 73. By the Constitution of the State of Mississippi it is declared that "the exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons" in the State, with the proviso, however, that the right thus declared and established "shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State," and also that "no preference shall ever be given by law to any religious sect or mode of worship." (State Const., Art. I, Secs. 3 and 4.)

§ 74. By the old Constitution of Louisiana, no special provision is found upon the subject of religious toleration, and of course, therefore, all they have there is the ample guarantee contained in the Constitution of the United States. In fact, it has been judicially determined that in framing the Constitution of the State it was deemed unnecessary to insert any restriction upon the power of the legislature on the subject of religious freedom, as it had already been settled by solemn compact between the original States and the people of the territory, unalterable but by common consent under the act of Congress of March 2, 1805, and in conformity with the ordinance of July 13, 1787, that religious freedom, in its broadest sense should form the basis of all laws, constitutions and governments, which forever after might be passed within said territory. (Church of St. Louis v. Blanc, 8 Rob. R. 52.)

§75. The provision of the Constitution of the State of Arkansas, upon the subject of religious toleration, is an exact transcript of that contained in the Constitution of the State of Kentucky, and need not be repeated in this section.