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fast to their first principles. The spirit so manifest in the laws we have cited is the spirit of their laws in general. In their schools religious liberty is practiced, inculcated, and protected by law. No teacher or scholar religious opinions.

is proscribed there on account of

"Shall I ask the brave soldier who fights by my side,
In the cause of mankind, if our creeds agree?
Shall I give up the friend I have valued and tried,
If he kneel not before the same altar with me?

From the heretic girl of my soul shall I fly,

To seek somewhere else a more orthodox kiss?
No! perish the hearts, and the laws that try

Truth, valor, or love, by a standard like this."

CHAPTER III.

OF RELIGION IN SCHOOLS-AS THE LAW IS.

"Slave to no sect, who takes no private road,
But looks through nature up to nature's God."

SEC. 1.

RHODE ISLAND, continued.-As this little State is to be regarded as the pioneer, at least in this country, of what is now known as "religious liberty," we give it more attention than its geographical position or territorial extent would otherwise appear to require. On this particular subject the laws of Rhode Island merit a full explanation, both as to their letter and spirit. The Constitution and laws of this State (ch. 2, sec. 8) give no power to a school committee, nor is there any authority in the State, by which the reading of the Bible or praying in school, either at the opening or at the close, can be commanded and enforced. On the other hand, the spirit of the Constitution and the neglect of the law to specify any penalties for so opening and closing a school, or to appoint or allow any officer to take notice of such an act, do as clearly show that there can be no compulsory exclusion of such reading and praying from the

public schools. The whole matter must be regulated by the consciences of the teachers and inhabitants of the districts, and by the general consent of the community. Statute law and school committees' regulations can enforce neither the use nor the disuse of such devotional exercises. (Ch. 2, sec. 8.) School committees may, indeed, recommend, but they can go no further. It is believed to be the general sentiment of the people of Rhode Island that this matter shall be left to the conscience of the teacher. (Pub. Schools Acts, with Rem. 1857, pp. 98, 99.) No book should be introduced into any public school by the committee containing any passage or matter reflecting in the least degree upon any religious sect, or which any religious sect would be likely to consider offensive. (Id. p. 42.) While a committee, on the examination of teachers, should not endeavor to inquire into the peculiar religious or sectarian opinions of a teacher, and should not entertain any preferences or prejudices founded on any such grounds; they ought, nevertheless, and without hesitation, to reject every person who is in the habit of ridiculing, deriding, or scoffing at religion; for such a habit may well be supposed to betray a want of that liberality which the State encourages in religious concernments, and an incapacity to teach in the magnanimous spirit of its laws. (Id. p. 36.)

SEC. 2. CONNECTICUT.- Although this State may have a record not altogether so clean and so free from the spirit of religious intolerance as that of Rhode Island, yet it would be very unjust to judge Connecticut

at this day by its ancient colonial laws. (Ch. 2, sec. 4.) The history of the original colonies of which this State was formed, as well as the action of the General Assembly, after the union of these colonies, clearly establish the fact that a good common school education has ever been considered the birthright of every child of the State. In 1641, a free school was ordered to be set up in NewHaven, and "the pastor, Mr. Davenport, together with the magistrates, was directed to consider what allowance should be paid to it out of the common stock." This is supposed to have been the first small beginning of the American system of free school education. In some form, the duty of educating the whole community has been recognized in Connecticut ever since. (Com. School Acts of Conn. 1864, p. 2.) All the laws of every State must be made and executed in accordance with the letter and spirit of its constitution; for that is the fundamental law, and contains the principles upon which the government of the State is founded. On examining the Constitution of Connecticut, (adopted in 1818,) we find that the Rhode Island idea of religious liberty has been almost wholly adopted in that instrument. "The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this State, provided that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State," (Const. of Conn. art. 1, sec. 3;) but it is, nevertheless, held and declared

to be "the duty of all men to worship the Supreme Being, the great Creator and Preserver of the Universe," (Id. art. 7, sec. 1;) and perhaps Connecticut teachers can constitutionally be required to so worship.

SEC. 3. MASSACHUSETTS.-The Constitution of this State says: "No subject shall be hurt, molested, or restrained in his person, liberty, or estate for worshiping God in the manner and seasons most agreeable to the dictates of his own conscience; or for his religious profession or sentiments: provided he doth not disturb the public peace or obstruct others in their religious worship." (Const. of Mass. art. 1, sec. 2.) But "it is the duty of all men in society, publicly and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the Universe." (Ib.) "The public worship of God, and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government." (Const. of Mass. Amend. art. 11.) It would seem, therefore, that the teachers of Massachusetts might constitutionally be required not only to worship God, as in Conecticut, but to do this "publicly and at stated seasons." The school committees are prohibited by statute (Gen. Statutes, tit. xi. ch. 38, sec. 27) from directing any schoolbooks calculated to favor the tenets of any particular sect of Christians to be purchased or used in any of the town schools. It seems to be the settled policy of the State, however, to require the use of the Bible in the public schools; in fact, since the statute of 1855, "the

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