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burying ground, and for no other purpose whatever; but no congregation shall own for such purposes more than one acre of land in a town, nor more than ten acres in the country."

ARKANSAS.

The third section of the second article of the Constitution is the same as the third section of the ninth article of that of Pennsylvania; and the fourth section of the second article of that of Arkansas is, in substance, the same as the forty-first section of the fourth article of that of Michigan, cited above.

TEXAS.

The Constitution begins thus: "We, the people of Texas, acknowledging with gratitude the grace and beneficence of God in permitting us to make a choice of our form of government, do," &c. &c.

The fourth section of article first of the Constitution of Texas, is the same with the third section of the ninth article of that of Pennsylvania, the following sentence being added: "But it shall be the duty of the Legislature to pass such laws as shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship." The previous section prohibits religious tests as a qualification for office.

IOWA.

The Constitution commences, "We, the people of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of these blessings, do ordain," &c. Art. II. sect. 3. "The General Assembly shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates, for building or repairing places of worship, or for the maintenance of any minister or ministry."

Sect. 4. "No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion."

WISCONSIN.

The Preamble begins, "We, the people of Wisconsin, grateful to Almighty God for our freedom," &c.

Art. I. sect. 18. "The right of every man to worship Almighty God according to the dictates of his own conscience shall never be infringed." This section proceeds nearly in the words of section third in the ninth article of that of Pennsylvania, and concludes in these words: "Nor shall any money be drawn from the treasury for the benefit of any religious societies, or religious or theological seminaries."

Section nineteen is in substance the same as section four of article second of that of Iowa, cited above.

CALIFORNIA.

Art. I. sect. 4. "The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters

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of religious belief, but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this State."

SECTION VI.

Remarks on the Constitutional Provisions cited in the Preceding Section.

THESE Constitutions of the several States are compacts between the people of a State collectively and each individual of the State. The citizens of each State are a Christian people, but opposed to Church establishments in connection with the State, and opposed to all spiritual domination. Being chiefly Protestants and entertaining a great diversity of views on the subject of religion, as is inevitable where men think and interpret for themselves, they felt the necessity of mutual forbearance and toleration; they perceived that whilst Christianity was an indispensable element of our free institutions, it was needful that it also should be free and untrammeled. These Constitutions then, emanating from Christian people, guarantee to each individual now living or hereafter to live under them, that he shall enjoy the right of worshipping God according to the dictates of his conscience, without restraint or molestation; that he shall not be compelled to attend, build or repair any church, or for that end pay tax, tithe or rate; that his civil rights shall not be abridged on account of his religious

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opinions; that no religious test shall be interposed to disqualify him for office, and that he shall not be incompetent as a witness by reason of his religious opinions; but they provide that the privileges thus granted shall not be abused by any immoral or licentious act, or any attack upon Christianity or any disturbance of its worship, or any act against the peace or safety of the State. Under these constitutional guarantees which a Christian people provide for their own security and peace, they invite all who are inclined, to come, subject only to the disabilities in which they acquiesce themselves.

These Constitutions make religion free by making its professors, its profession, and its worship free. Christianity claims no special establishment and no special power, civil or spiritual, under these instruments. Its security is higher than the Constitution itself: it is in the hearts and minds of the people who framed the Constitution. With certain qualifications, but in a very important sense, it is an element of our common or unwritten law. This, as we shall presently see, has been solemnly decided by many of our highest courts and ablest jurists.

As a Christian people, we lay one hand upon the Bible and say, "This is the Testament from which we derive our religion:" and the other upon the Constitution, and say, "This is our Social Compact, by which we mutually guarantee religious liberty.

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Each Constitution exists as the work of a Christian people it neither alters, modifies, enlarges nor abridges Christianity. It provides against all spiritual domination and secures full personal religious liberty. The liberty of worship so fully

accorded, is the liberty to worship God, the God of Christianity, and not any other being real or imaginary. Christianity is not displaced but expressly recognized, though not defined. Its exercise is left with the people, its liberty is secured by the Constitution.

If no such constitutional provisions had been made, our judicial tribunals must have developed the common law doctrine of Christianity to the same effect, for our civil liberty would necessarily demand religious liberty and obtain it, where the people were the fountains of power. Our written Constitutions, our unwritten common law, public sentiment and the deep convictions of the people, are in perfect accord, that Christianity is the religion of the country and that religious liberty is the law of the country. All connection between Church and State is cut off here forever, all sectarian preferences are precluded, all spiritual domination is absolutely forbidden, as alike contrary to the spirit of true religion and dangerous to free institutions.

The benefits of Christianity accrue to the people individually through their individual piety, and to the State only through the piety and morality of the whole people. The only power of a church here, is the action of the people upon the government within the limits prescribed by the Constitution. The only expression Christianity can make of her wishes, is through the people upon their Legislatures and their laws, and upon their governments. There is a wide field here for Christian influence and action, without trenching on Constitutional limits.

We have yet to notice, before proceeding with our

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