LIBRARY I OF THE Th eological Seminary, PRINCETON. N. J.' ( BV 630 .H6 Hovey, Alvah, 1820-1903. Religion and the state 1 - - — ^' ^is^- RELIGION AND THE STATE. PROTECTION OR ALLIANCE? TAXATION OR EXEMPTION? BY ALVAn HO VET, D. D., PRESIDENT OF "KEWTON THEOLOGICAL INSTITUTION. BOSTON : ESTES AND LAURIAT: 143 WASHINGTON STREET. 187-t. Entered, according to Act of Congress, in tlie year 1874, BY ESTES AND LAURIAT, In the Ofllce of the Librarian of Congress, at Washington. BROWN TYPE-SETTING MACHINERY, 40 HANOVER STREET. PREFACE, "When passing througli England, from Liverpool to Hull, a dozen years ago, the writer saw, in a succession of country towns, large placards advertising a certain newspaper, as "the only one in the kingdom which gives all sides of e\ery question." Many thoughts were started by this clever notice. It wa^ the perfection of boasting : but it was more ; it was suggestive of the wisdom of looking at the great problems of life from as many points of view, and with as many eyes as possible, before pronouncing them solved. Of these problems few are worthy of more earnest and impartial study than the one discussed in the following pages. And the hour has come when this investigation must be made. A journal that could ''give all sides" of this one question in the manner best suited to enlighten the people, and lead them to wise action, would have a great number of readers in every State of the Union. A volume that should do this within a reasonable compass, would merit the attention of all who speak the English tongue. In the discussion which follows, the reader is called to look at only a few aspects of the connection between Church and State, and at these aspects from only certain points of view. PREFACE. namely : those which are thought to be the most elevated and helpful to perfect vision. The principal relations of gov- ernment to religion are examined in a spirit of loyalty to both ; and, if the position maintained is right, tbese relations should be made the same in every land, at the earliest moment practicable. Should the discussion contribute in any measure to a proper solution of the great problem under examination, it will accomplish the desire of the Author. Newton Centee, March 5, 1874. CONTENTS. PREFACE 5 INTRODUCTION 7 THE KIN GD 031 OF CHRIST 9 THE STATE 19 PROTECTION OF LIFE BY THE STATE - - 35 PR OTECTION OF LIBERTY B Y THE STATE - 47 THE LORD'S DAY 60 THE BIBLE IN SCHOOLS 80 PROTECTION OF PROPERTY, ETC., - - - 93 CHARITABLE ESTABLISHMENTS - - - - 111 GENERAL OBSERVATIONS 127 FURTHER REMARKS 147 RESUME 164 INTRODUCTION. The following discussion was published about three years ago, in a series of articles, by a leading religious paper of New York.* Natu- rally, therefore, the course of thought was adapted in some measure to those who were expected to read it; that is, to Christian men and women of a particular denomination. The writer cannot see that any important end would be gained by attempting to obliterate all traces of that original adaptation, especially as no sect- arian aim was followed at the time. As then stated, the object of the discussion was not to make out a case either for or against any body of Christians, but to ascertain, if possible, whether ♦ The Examiner and Chronicle, INTRODUCTION. Christian churches or denominations should seek from the State anything more than protec- tion in the exercise of their natural rights. Now, as then, it is addressed primarily to those who believe in the Christian religion as true; hence it assumes the truth of that religion, and only seeks to convince those who love and honor it of the impropriety of asking assistance from the State in maintaining it. RELIGION AND THE STATE. THE KINGDOM OF CHRIST. A discussion of this subject must naturally begin with the kingdom of Christ upon earth. For the laws of this kingdom are definite and supreme. One is required to forsake all, if need be, that he may obey them; houses and lands, father and mother, wife and children, are to be relinquished, rather than Clirist and his truth. Although the general duty of sub- jection to **the powers that be," or the laws and rulers of the State, is very sacred, it can- not be urged as a valid excuse for disregarding the Lord's requirement to coufess Him before men. It was therefore the duty of the Apostles 10 RELIGION AND THE STATE. to preach the good news of salvation through Christ, though forbidden to do this by "the highest human authority to wliich they could have felt that they owed allegiance," and even to say boldly, in presence of this great court: ''It is right to obey God rather than men." And this fact of a higher law for the Christian, of a paramount duty on his part to be a loyal and obedient subject in the kingdom of Christ, affords a strong presumption that, kept within their proper spheres, and directed to the attain- ment of their distinctive ends, the authority of Christ and that of the State will never come into collision. And this is equivalent to saying *that their spheres, and aims, and methods are very distinct ; that the kingdom of Christ is on a different and higher plane than the State. It was this fact that made it so hard for the Jews of our Saviour's time to see in Him the promised Messiah. For they were expecting a restoration of the theocracy, a perfect and final THE KINGDOM OF CHRIST. 11 union of Church and State, religion being sustained by the civil power, and the civil power sanctified by religion. They were look- ing for One to fill the vacant throne of their royal line, who should unite the heroism of David with the wisdom of Solomon, and by an era of conquest usher in an age of peace; who, as the favorite of Jehovah and the pride of all the people, should bear, like the Pope in other days, two swords — the temporal and the spiritual— and lead the nation to victory over the Gentiles, as well as to holier worship in Zion. It is not therefore surprising that many welcomed the harbinger of Christ preaching repentance, and listened without offence, though not without wonder, to the Sermon on the Mount, but turned away from Jesus with contempt when He refused to wear an earthly crown. Nor is it altogether unaccountable that the chosen twelve, who were the daily companions of the Lord, expected, until the 12 RELIGION AND THE STATE. very hour of his betrayal, that He would yet be a temporal prince, uniting divine authority Avith human, the sanctions of religion with the power of the sword, and making his kingdom one of this world. It was extremely difficult for them to receive the idea of a spiritual dominion resting on the power of grace and truth. But it was such a kingdom, on a plane far above that of any earthly authority, that Christ came to establish. It was such a kingdom that He professed to rule, in his language to Pilate: * 'My kingdom is not of this world; if my kingdom were of this world, my servants would fijrht. I am a kins:. To this end have I been born, and to this end am I come into the world, that I may bear witness to the truth. Every one that is of the truth, heareth my voice." Pilate was convinced by the divine bearing and candor of Jesus, that whatever might be his authority, whether real or imaginary, it vV THE KINGDOM OF CHRIST. 13 pertained to religion, and not to the State; it rested in no degree upon secnlar power, and contemplated in no case an appeal to the sec- ular arm. And this testimony of Christ was in absolute harmony with the whole tenor of his life and teaching. He took no step to connect his cause with the State as such. He threw out no hint of its needing the support of the civil power. He provided for no states- men or soldiers to carry on his work, but only for preachers and tcMchers. Had not the Jews been strangely tenacious of their belief, and strangely blind to the spirit of Jesus, they would have perceived, much sooner than they did, that his dominion over men must ever be spiritual, no imaginable state of affairs being likely to make Him accept an earthly crown. And his Apostles came at last to understand this. By the death, the resurrection, and the ascension of Christ; by the outpouring of the Spirit on the day of Pentecost, and the light 14 RELIGION AND THE STATE. of inspiration added to that' of providence, they were made to know that their Lord's dominion was not civil and national, but spir- itual and universal; not of this world and sustained by force, but from above j and sup- ported by grace; and to comprehend the new and great fact that, though engaged in a fearful conflict, the weapons of their warfare were not carnal, but mighty through God to casting down strongholds, and bringing every thought into captivity to the obedience of Christ. And one of them, writing to the Ephesian saints, utters, in view of their spiritual foes, this stirring cry: "Wherefore take unto you the whole armor of God, that ye may be able to withstand in the evil day, and, having done all, to stand" — going on then to enumerate in terms of blessed confidence the parts of this divine panoply for the Christian. All of them may be embraced in four words, Christian character and Chris- THE KINGDOM OF CHRIST. 15 tian truth. Without the former, his readers were sure to be betrayed by traitors within ; and without the latter, they were in danger of being put to shame by external foes. But armed with grace and truth from Him who has infinite store of both, they are able to repel every assault, and win from seeming defeat real victory. The records of history justify this language. For the rage of paganism, fierce as a bear robbed of her whelps, the scorn of philosophy, falsely so called, the sword of the State wielded by the fanaticism of a perverted Church, and the pride of natural science, soaring with untried wings into the heights of speculation, have been met, one after another, and put to shame by the simple majest}^ of Christian character and Christian truth. Indeed, these are the only weapons with which they have ever been successfully met. They are weapons of celestial origin and tern- 16 RELIGION AXD THE STATE. per, not made with hands, but given by the Lord of life; and therefore are they certain to prevail over those of grosser material, fash- ioned by the skill of man. The lesson from all this would seem to be, that the kingdom of Christ is independent of the State, raling in a higher sphere and with a view to higher interests, having laws and forces of its own that agree in character and work in harmony towards the same great end, and that any attempt to unite the two must be fraught with peril to the higher, if not to the lower. Most manifest is it that the hiorher has no need of direct assistance from the lower in accomplishing the ends for which it was es- tablished among men; and that any admission of the lower into its proper domain and work, will soil its purity and weaken its power. But the reader may be saying in his heart. Why this protracted account of the kingdom rilE KINGDOM OF CHRIST. 17 of Christ? For no one, who understands the lirst principles of the Christian faith, can doubt the spirituality of that kingdom. In origin, nature, power and aim it is spiritual; and a fact so thoroughly comprehended and universally believed might safely be assumed in this discussion. Perhaps it might; but there is sometimes pleasure and profit in re- viewing accepted truths. The vision is often cleared by looking at the springs of faith, the simplest, deepest, most fruitful germs of a divine creed. Line upon line is the wisdom of God on this point; for in the conflict of life even good men are liable t(} forget their principles. Having ap- plied them to a certain extent, as far, it may be, as their own safety or success requires, they are in danger of being satisfied with this, and making little effort beyond. The most faithful and consistent advocates of soul-liberty have ever been those who were 9 18 RELIGIOX uiND THE STATE. suffering under religious oppression. If his own ox be not gored, the farmer rests in peace. And if the more remote and less ob- vious applications of a principle might forbid men to accept a present good, their attention is very apt to fix itself on the supposed good, to the neglect of the principle that might interfere with its attainment. But the conduct of life ought surely to be controlled by principle rather than l^y policy; and therefore, when attempting to answer great questions of duty, it is imiformily wise to go back and look at elementary truth. Hence it was felt that the present discussion must begin with a glance at the nature of Christ's king- dom on earth, in order to consider, in the next place, with advantage, the nature and ends of human government, or the State. THE STATE. For the purposes of this investigation, it will be safe to assume that civil government is ordained of God. This fact is, indeed, plainly asserted by the Apostle in his letter to the Romans. But apart from that assertion, it may be affirmed with entire confidence by every one who believes in the existence of God; for it is distinctly revealed by the light of nature. The Maker of man has testified, by the powers and instincts given to men, that they were meant for society; were meant for in- tercourse, companionship, and sympathy; not for solitude. The marvellous powder of speech is of itself proof enough of God's design in this 20 RELIGION AND THE STATE. respect. But human society presupposes human government. A slight study of either the nature or the history of mankind, will convince the most skeptical that without civil authority, the evil wall trample on the good, and anarchy prove itself even w^orse than solitude. The State is therefore of God, in the same sense that lahor is of God. It is a law of nature, as well as of revelation, that he who will not w^ork, neither shall he cat; and it is equally a law of nature and of revelation, that men w^ho will not sustain and obey civil gov- ernment, shall perish. In both cases there may be exceptions to the rule ; but in both cases the rule is divine. Yet no particular form of government is prescribed by the Word of God; or, so far as now appears, by the voice of reason. Probably no one form would be best for all nations at all times; for it must be admitted that the in- telligence and virtue of the people differ very THE STATE, £1 greatly in different ages and nations, while certain forms of government seem to require more knowledge, virtue .and stability in the masses than are required by others. France has not yet shown herself to be pre- pared for republican institutions, like those which have been so great a blessing to tlie American people. All, then, that can be said y without qualification, is this: That form of gov- ernment is best for any nation which accom- plishes best the ends which it ought to seek. Adaptation to secure its proper ends is the highest, if not the only, proof of its excellence. But what are the legitimate ends of human government? Three answers have been given to this question, supported by three view^s of government, which may be called, for conven- ience, the Roman, the Paternal, and the Pro- tective. The first regards the people as means, the second as minors, and the third as men. According to the Roman view, the State may 22 RELIGION AND THE STATE. "^be called its own end. The people are looked upon as springing from the State, belonging to the State, and invested with all their rights by the State. Though itself invisible, and perhaps ideal, the State is represented by the rulers of the people, and therefore this fraction of the intelligence and conscience of the nation has primarily all the rights pertaining to the whole body. Such a theory needs ^no refutation; for by the greatest ingenuity of statement it can only be made to seem plausible, while it is rejected, notwithstanding, by the good sense of most men, as radically unsound. According to the Paternal view, the govern- ment stands, as it were, in loco ^^areji^^'s, regarding the people as children and minors, to be controlled, educated, protected, and, if need be, supported. Almost anything which "the powers that be" deem useful to the masses, they may do. Food, clothing, study, recre- ation, work, worship, all may be regulated THE STATE. 23 by the State, provided it is done with a wise regard for the best good of the people. And this view strikes the fancy of many as exceed- ingly beautiful and reasonable. It is generally acceptable to royal families and the nobility. The late Emperor of the French had a strong leani^ng to it, and the Czar of Russia may be safely counted in its favor. It supposes rulers to be distin2:uished for wisdom and croodness, to be men of large intelligence and lofty virtue, quite undisturbed by local influences or the hot currents of partisan zeal. But tested by the actual character of rulers, tested by what governments acting on this theory have done for the good of the people, tested by the position which it gives to the governed, and by the right which it claims to intermeddle with everything private and sacred on the plea of caring for the welfare of the minors under its charge, it does not commend itself to a thoughtful mind. It provides for 7 24 RELIGION AND THE STATE, too much official control, and expects too little self-control; it puts the civil conscience too high, and the private conscience too low; it overrates the wisdom of rulers, and underrates the judgment of ordinary men. Such a theory must therefore be pronounced unsatisfactory. L According to the last, or Protective view, the chief end of the State is to guard the natural rights of the people, to render life, liberty and property secure in every part of its domain. It looks upon the people as men, and accords to them rights and duties which cannot be transferred to their rulers. It as- sumes that a true and full manhood can only be developed by self-control, self-culture, and the solemn discipline of grave personal respon- sibility ; and therefore it leaves many important juterests — indeed, all but those named above — to the care and enterprise of good men, acting freely, as conscience or benevolence may dic- tate. Above all, it shrinks from invading the THE STATE. 2o right of the inclividiuil soul to determine and fulfil, without the l)ias of State solicitation or constraint, its own duty to God. It admits that the sphere of religion transcends its con- trol, and therefore restricts itself to the humbler task of protecting men in the ex- ercise of their natural rights. And this theory of the proper ends of civil government seems to be correct. It will be found, on careful reflection, to authorize as wide a range of legislative, judicial and ex- ecutive action, as consists with the highest good of men. But it is the privilege of Christians to seek light from the Word of God in respect to tlie ends of civil government; and though, as in the case of labor, they may discover less than is sometimes anticipated, their search will not be in vain. For there is at least one passage in the New Testament which treats expressly, if not fully, the point now in question — tbe 26 RELIGION AND THE STATE. well-known and oft-examined passage in the Apostle's comprehensive letter to the Romans. In the translation of Dean Alford, it reads as follows : "Let every soul submit himself to the au- thorities that are above him: for there is no authority except from God: those that be, have been ordained by God. So that he which set- teth himself against the authority, resisteth the ordinance of God; and they that resist shall receive to themselves condemnation. For rul- ers are not a terror to the good work, but to the evil. Dost thou desire not to be afraid of the authority? Do that which is good, and thou shalt have praise from the same ; for he is God's minister unto thee for jrood. But if thou do that which is evil, be afraid; for he weareth not the sword in vain: for he is God's minister, an avenger for wrath unto* him that doeth evil. Wherefore ye must needs submit yourselves, not only because of the wrath, l)ut THE STATE. 27 also for your conscience sake. For this cause ye also pay tribute; for they are ministers of God, attending continually to this very thing. Kender to all their dues: tribute to whom tribute is due; custom to whom custom; fear to w^hom fear; honor to whom honor.'* This welcome paragraph furnishes inspired testimony to several important facts, e. g.: that civil government has been ordained l)y God; that its proper ends are the prevention or punishment of evil deeds and the praise of right conduct, that it should be obeyed and supported in and for the discharge of its duty, and that resistance to it (when m^t recreant to its appointed ministry) is a sin against God. But a closer scrutiny of the Apostle's language will reveal another fact, to wit: that it docs not limit or define the sphere of the State's ^ activity. It does not tell us whether the civil authorities should confine their efforts to re- pressin2^ those evil works which infringe on 28 RELIGION AND THE STATE. the natural rights of man, and to honoring, either directly or indirectly, those which do not, or whether they should extend their sway over the entire life of man, seeking to put down everything which they regard as evil, and to exalt everything which they esteem good. And, especially, it does not inform us whether the province of religion is, or is not, under the supervision and control of earthly magistrates. But other portions of the Sacred Record do something to supply what is wanting in this, by virtually limiting the functions of civil government to the interests of time. This is done, in the first place, by showing that other and ample provision has been made for the spiritual welfare of men. Attention w^as called to this on a former page, setting forth the nature of that provision, or the kingdom of Christ in the world; and the conclusion there reached may be applied here. THE STATE. For as the Saviour has established a dominion by his Spirit and word over the souls of men, in their relations to God, it may be presumed that *'thc powers that be" are not entitled or qualified to rule in that sphere. It is done, in the second place, by recog- nizing divine law as more sacred than human, and authorizing Christians to obey the former in preference to the latter. This is altogether natural, if the State has no right to shape the religious belief of the people or prescribe their worship of God; but it is somewhat perplexing, if the State is invested by the Most High with a right to do this very thing, and is but discharging its duty by doing it as well as it can. And it is done, in the third place, by rec- ognizing the fact that the soul can only be judged and punished by God. Even Paul did not rely on his own estimate of himself, and John more than intimates that the condemna- 30 RELIGION AND THE STATE. tion of one's own conscience must bo less searching and awful than that of Him w^ho knoweth all things. He is the only judge of the Spirit. Fear him who can destroy both soul and body in hell. Besides the words found in the thirteenth chapter of Romans, several other expressions deserve a moment's attention. Peter exhorts the readers of his first Epistle, saying: * 'Submit yourselves to every ordinance of man, for the Lord's sake; whether it be to the king as supreme; or unto governors, as unto them that are sent hy him for vengeance on evil doers, and praise of them that do well;" and this language is really equivalent to that of Paul, though showing more definitely the human orio:in of civil srovernment, as well as its divine sanction. With these controllins: passages may be compared Titus iii. 1: ''Put them in mind to submit themselves to governments, to authorities, to obey magis- THE STATE. trates, to be ready to every good work." Obedience to civil rulers is a duty of Chris- tians^ But the functions of civil rulers are not universal ; for Christ said to the Pliarisees and Herodians : "Render therefore to Caesar the thing's that are Caesar's; and unto God the things that arc God's"; signifying, plainly, that there is a iDarked difference between the duties of men to civil rulers, and their duties to the Divine Being. Moreover, in case of conflict duties of direct service to God, duties pertaining to his spiritual kingdom take precedence of duties to human government. This appears from the words of Peter and John: "Whether it is right, in the sight of God, to hearken unto you more than unto God, judge ye. For we cannot but speak the things w^hich we sdw and heard." Again, Peter and the apostles said to the 32 RELIGION AND THE STATE. Jewish Sanhedrim: *'It is right to obe}' God rather than men." But there is no need of con- flict, if each remain within its proper sphere. While, then, the New Testament does not, for obvious reasons, prescribe to the State, in so many words, the proper sphere and limits of its action, it does intrust to the individual conscience the responsibility of acting for itself in matters of religion; it does make it the duty of Christian men to obey the commands of their spiritual Head, though forbidden so to do by earthly magistrates; and it does i)rovide, with- out the agency of the State, for the spread of the gospel and the orderly existence of churches— for regular contributions to the poor, and every good work suggested by in- telligent love. In view of these facts, it is safe to affirm that the New Testament teaches nothing in- compatible with the hypothesis that the single THE STATE. 33 and great end of human government should be the protection of men in the exercise of their natural rights, and the encouragement thereby of all good conduct in earthly affairs. Nay, more than this, it may be asserted, with- out fear, that questions of religious duty are fairly above the reach of State control, and should be left to God and his providence — to the Saviour and his people — to the power of truth and love-, acting upon the untrammeled conscience. But whatever may be necessary to reach the great end of the State — whatever provision may be requisite, whether by the taxation or the instruction of the people, for its own support — it may rightly enforce; for as the means to an important end the State is sacred. The view which has been given of the State will, it is hoped, commend itself to the great body of Protestant Christians in our land — and 34 RELIGION AND THE STATE. especially to Baptists, who, as a denomination, have taken a prominent part in the assertion of personal religious liberty and responsibility. For, if correct, it will not only simplify the work to be done in the remaining sections of this discussion, but will be at the same time an index, pointing out the direct way to truth and duty, in many instances, at least. PROTECTION OF LIFE BY TEE STATE. An attempt has been made in the previous discussion to set forth the true nature and ends, first, of the kingdom of Christ on earth; and next, of the State or civil authority. The former was found to be spiritual, seeking by the agency of divine grace and truth to bring men into right spiritual relations to God and one another, and to prepare them thereby for eternal life ; the latter was found to be secular, seeking to protect men in the exercise of their natural rights — namely, those pertaining to life, liberty, and property — by awarding just punish- ment to all who trample on these rights, and consequent honor to all who respect them. But the reader will, of course, say: This is not 36 RELIGION AND THE STATE. enough; a theory is one thing, the application of it is another: the former may seem plausible, or even beautiful; yet the latter may prove it worthless. And this remark, resting, as it may, on broad foundations of experience and history, is altogether reasonable. Yet it must be conceded that the task of illustrating satis- factorily the views of Church and State which have been presented, will be difficult on two accounts; first, because there is no people which has fully and consistently applied them, and secondly, because the points of junction and seemingly profitable alliance between Church and State are very numerous. Nevertheless, the difficulty of the task is no sufficient reason for declining to attempt its performance in the best manner possible. Among the natural rights of man is that of life; and, therefore, life must be protected by the State. If it fails of doing this, it fails of accomplishing one of the chief objects for which PROTECTION OF LIFE BY THE STATE. 37 it exists. Yet tliis protection is due, not to Christians as such, nor to the supporters of any sect or religion, but to all the people who have not forfeited it by crime. The qualifica- tion made in the last clause is necessary, be- cause there are crimes of which the just pun- ishment is death — whether this punishment be inflicted as simple retribution, or as putting the culprit where he can never take the lives of other men, or as a warning to evil-doers, and so a preventive of crime in the future. But if this may be done by way of preven- tion, it follows that the State has a clear and full right to prohibit the sale of any article for uses that needlessly imperil life. On this principle, the vending of poisonous drugs or inebriating liquors may be restricted, and the only questions to be answered before doing it are these: first. Is the danger to life so mani- fest and great as to call for the intervention of the civil power? and secondly, Is the civil RELIGION AND THE STATE. power fible to make its restriction or prohibi- tion respected ? If these two questions can be answered in the affirmative, the case is one that requires governmental treatment; but if the answer to either is really doubtful, the danger should be met as well as possible by social and moral influences. Other rights of man, as those of liberty and property, may also be endangered by the sale of such articles as have been referred to, but the duty of protec- tion from the State to these other rights will be examined hereafter. On the principle of affording reasonable pro- tection to the lives of the people, the State may restrict the practice (»f medicine, as a profession, to persons who have been properly educated; and this has been done, it is said with good results, in several countries. Whether any restriction of the kind is necessary in our own land is not within the province of this discussion to affirm or deny; but it is impor- PROTECTION OF LIFE BY THE STATE. 89 tant to show in a word the vast range of civil action upon the interests of man, even when that action is limited to the protection of nat- ural rio'hts. It has already been remarked that the State should protect with equal care the lives of all the people. Hence there should be no "ben- efit of the clergy." The ministers of religion should be tried for crime before the secular judges, and no ecclesiastical court should be allowed to usurp the functions of the State and punish with the sword; for by so doing it would, to that extent, annul an ordinance of God. To shield the lives of the clergy by special means is also a wrong to religion itself, putting its friends at a great moral disadvan- tage in the end. For every privilege of the kind is a reproach to those who are presumed to need it. The history of our own government has demonstrated the wisdom of protecting the lives of all the people by the same laws and 40 RELIGION AND THE STATE. courts. Christians and infidels of every name should be treated alike in this respect; nor will it be denied by American Protestants that, so far as life is concerned, the duty of the State is protection and nothing more. It is also worthy of remark, that civil gov- ernment may be called to protect the lives of the people against the violence of religious fanaticism. For, according to the view ad- vocated in these pages, it is not only wrong for the State to punish with the sword any sjoiritual offence, as heresy, though urged to do so by the largest body of Nominal Chris- tians in the world, but it is equally wrong for it to suffer any religious body to inflict such punishment. Spiritual lire belongs to a higher realm than natural life, and must be defended by other weapons than the sword. Heresy is to be refuted, not punished, by man; it is to be overcome by truth, not burnt at the stake. PROTECTION OF LIFE BY THE STATE!. 41 Few pages of history awaken feelings of deeper sadness than those which record the union of civil power with religious higotry, and the results of that union in times of persecution. For the State to lend its arm to the Church, and at her suggestion destroy life instead of protecting it, is for it to mistake utterly thc^ ends of its existence, and usurp in turn the functions of a higher power. The doctrine of **the two swords" in the hands of the Pope has led to unutterable horrors. But all this, it may be said, is very remote from the points now in debate; for' the world has advanced beyond the age of unrelenting per- secution, and it is vain to look foi- any traces of resemblance between the former union of Church and State and their present cooperation. The reply is not just; for the two swords are still united in many countries of Europe, and a large part of the religious writers of Germany, 4:he enlightened, still believe that reli^^ion would 42 RELIGION AND THE STATE. receive a fearful blow in the severing of her ministry from the supervision and support of the State. And it is well known how tenaciously a great and growing body of Christians in our land clings to the doctrine that the State should help the Church and obey her sovereign behests. Happy will it be for this people, if just and well-defined views of the work and power and method of true religion, as distinguished from those of human government, are so fixed in the minds of Protestants, that they will detect at once an attempt of either to do the work of the other. For the State is not charged with the duty of teaching religion, nor the church with the duty of administering civil law. Besides, it must not be forgotten that in one part of our land the civil and religious author- ity is united in a single person, and the former made to rest practically on the latter. Church and State have been identified in Utah, and it PROTECTIOX OF LIFE BY THE STATE. 43 is believed by many that for years the life of a Gentile was worth scarcely a straw in Salt Lake City. It may be impossible for any man to say whether this belief is correct or errone- ous, but it should not be impossible. For it is a duty ''of the powers that be" to look after the people, for the purpose of protecting them from violence in the exercise of their natural rights ; and if Utah has been from the first a part of the domain of the United States, and subject to her authority, the General Govern- ment has been under obligation to see that life was protected there, to see that the natural rights of men, as recognized by the Constitu- tion and laws of the land, were respected among the Mormons. Wherever there is good reason to suspect violence, there the State should make its presence felt and its voice heard ; otherwise it fails, in some measure, of accomplishing the great end for which it has been ordained of God. 44 RELIGION AND THE STATE. And on the same principle, if there were reason to believe that persons are confined in religious houses of any kind, against their will and to thu peril of their lives, it would be no trespass upon the domain of religion for the civil power to make thorough search and as- sure itself of the truth; for it is one of the functions of that power to protect the lives of all the people. With that duty it is entrusted by the Most High, and it has no right to trans- fer it to any religious body ; the act would be suicidal ; nor has it any right to be partial in the discharge of it. The law and the magistrate should know the people as men, not as Mor- mons or Papists, Presbyterians or Methodists. This view of the case is of comparatively mod- ern origin, and it can boast of comparatively few advocates. Indeed, there is no nation which has adopted it fully, and applied it consistently. But the farther any people has advanced towards a fair application of it, the PROTECTION OF LIFE BY THE STATE. 45 more has that people foiuid itself resting on sound principles, and doing the things that make for peace, while the true relation be- tween Church and State has become, in the same degree, more evident to the common mind. If there is still darkness or doubt among the people, it is because the view has been applied but in part, and often capri- ciously, as if indeed for the sake of producing confusion. It has been advocated by the feeble, the despised, the persecuted 5 and ignored by the strong, the popular, the favored. Few men search out the injustice, or even the impolicy of legislation which favors their cause. And it can hardly surprise any one who knows the weakness of human nature, if men who have had *'the powers that be" for a long time against them, because of their religious faith, should see the tables turned without much regret, and find a sort of justice in having the 46 RELIGION AND THE STATE. account balanced by special favor to them- selves. In this way principle has been silenced by the voice of expediency, or by the plea that two wrongs make one right. Yet the view which is defended in these pages has been gaining the confidence of devout Protestants for a considerable period. It pours a flood of light into the darkness which has broode(^ over the connection between State and Church, and the time cannot be far distant when it will fill the whole region with the splendors of noonday. Or, if this may not be said, by one who is neither a prophet nor the son of a prophet, it may at least be aflarmed that the only way of disproving it will be to give the theory a fair trial in actual life. Till this has been done, those who believe it correct, and from Gud, will never cease to urge it upon the attention of good men. PROTECTION OF LIBERTY BY THE STATE, Among the natural rights of man, liberty is only second to life: first, the right to be — next the right to act; first, the human person- ality with its marvellous powers; next, the use and development of those powers. For as the beins: of man is from God, and is therefore entitled to protection from violence, so too are the capacities of that being from God, and entitled to protection. Not the least admirable of these capacities is that of growth under favorable conditions, e.g., the growth of moral discrimination and power of choice; indeed, of every faculty which gives dignity and worth to man. But the primary condition of normal development in a moral being is liberty of self- 48 RELIGION AND THE STATE. direction, and sense cf individual responsibility. And it is the peculiar merit of the Protective theory of human government that it recognizes the people — not as means nor as minors, but rather as men, leaving it with them to answer the gravest questions of life before God; leav- ing it with them in a great measure to decide what they will be and do, though without vio- Ititins: the ri«:hts of one another. It is a peculiar merit of this theory, that it looks upon many other things, besides the State, as ordained of God, e.g., the family and the church, and therefore does not under- take to relieve these of their proper w^ork. Yet, with all the modesty which distinguishes this view of government, w^itli all the care which it uses in defining its own sphere and object, with all the respect which it pays to man, to conscience, to the family, and to tlio church, it will be manifest in the sequel, that it reserves to itself a very wide and rich do- PROTECTION OF LIBERTY BY THE STATE. 49 main, and rules with potent voice over a large class of human affairs. This will appear, to some extent, from a study of what is involved in securing to the people of any land a reasonable degree of liberty. For such liberty is not license. It implies no right to injure others; it conceals no tendency to socialism; it bears in its womb no germ of anarchy. Order and justice are the first conditions of its existence. Intelligence and virtue do more to preserve it in being than the sword. In the complicated relations of modern life, where the action of one man is knit by a thou- sand secret threads to that of another, it is no lisfht task to make the laws so few and clear and all-embracing as to protect individual free- dom and preserve social order. The latter may be done without the former, but the former cannot be done ^\ithout the latter. If the Stat^ were its own. end, if order were the 4 60 RELIGION AND THE STATE. only good to be sought, it would perhaps he a less difficult task to ensure it; for the heavy hand of force might crush lawlessness and man- hood at a single blow. But to give generous scope for the exercise of personal freedom, and for the building up of vigorous manhood in the masses, by keeping the action of the State within proper limits, is quite another affair, demand ins: a hisfh decfree of firmness and wis- dom. Yet the end justifies the means; the result compensates a hundredfold f(jr the labor. It would require a much wider survey of natural life than comports with the object of this discussion, to illustrate fully the truth of these statements; but the reader, it is thought, will have no reason, from his knowledge of facts, to call them in question, and will there- fore prefer to pass on at once to the chief point in debate. In the great natural right to liberty of action is included that of public worship, provided PROTECTIOX OF LIBERTY BY THE STATE. 51 '^ the same is peaceable and orderly. This, in- deed, is the highest exercise of true liberty. Without it freedom is only a name, or rather, it is a misnomer. If men may not obey their religious convictions in the worship of God, if the highest mandates of conscience may not be expressed in action :vhich does no violence to the rights of other men, it is useless to speak of liberty, for it does not exist. When, therefore, Christians of any name ask for protection in public worship, they seek for no special favor or distinction, but only for that which the State owes to all, whether Prot- estant or Papist, Jew or heathen. For all men are entitled to pay their homage without an- noj'ance, in public or in private, to whatever being they please. In fact, every assembly of the people, called together for a purpose not criminal or seditious, must be protected from disturbance. A company of atheists, whether scientific or 52 RELIGION AND THE STATE. philosophical, has, in the eye of civil authority, the same right to meet and proclaim unbelief, as any body of Christians has to meet for the service of God. For the State is not charged with the duty of ascertaining the true faith and supporting it, but with the duty of assert- ing the equal freedom of all men to think and act for themselves in matters of religion while they pay due respect to the rights of one another. It is a sad confession of weakness for any body of Christians to seek aid from the civil authorities in maintaining religion. It is a reproach to the Snviour, and to the agencies provided by him, when men call for the sword to turn the crowd in his favor. Let the friends of Christ be protected like other men in their natural rights, and trust to his grace and truth for the rest ! Then will they never be put to shame. Must, then, the idol worship of the Chinese, PROTECTION OF LIBERTY BY THE STATE. 53 who swarm the Pacific coast, be protected by all the power of the State? Uudoubteclly it must, according to the view of civil govern- ment maintained in these pages; or, rather, the liberty of the Chinese to worship thus must be defended, unless their worship can be shown to violate the natural rights of other men. The language of Roger Williams is not too strong: "It is the will and command of God, that a permission of the most Paganish, Jewish, Turkish, or Anti-Christian consciences and wor- ships be granted to all men in all nations and countries." ("Bloudy Tenent," etc., p. 38. See Vol. lY. Publications of the Narragansett Club.) But does not the State endorse the action when it protects the actor ? By no means : it simply performs its own duty in conserving the freedom of the people, leaving at the same time with every one of them the responsibility of his own conduct towards God. 54 RELIGION AND THE STATE. There is no better reason for holding the State to be implicated in the guilt of an idol- ater, whose liberty it guards, than there is to believe it a sharer in the grace of a Christian, whose freedom to worship God it vindicates. Indeed, a course of argument that would make earthly rulers accountable for the abus^i of the religious liberty which they assure to the peo- ple, would make the Creator and Redeemer of men responsible for the abuse of their moral freedom. A proper consideration of this fact would relieve the consciences of many w^ho seem to have a sort of confused notion that "the powers that be" have some control over the religious belief and conduct of their sub- jects. But this is not all. The view of civil gov- ernment as an ordinance of God for the pro- tection of men in the exercise of their natural rights, is the only one that will justify Chris- tians in claiming protection from the State PROTECTION OF LIBERTY BY THE STATE. 55 while they preach the gospel in heathen lands. For clearly it is absurd to ask the rulers of a heathen nation to concede to missionaries their right to teach freely a religion which those rulers and their people believe to be false, while the magistrates of a Christian nation refuse the same liberty, as a right, to emissa- ries and teachers of idolatry' . To say that the Christian religion is true, and idolatry false, is no reply to this; for if it belongs to the rulers of one nation to decide for the people what is the true religion, it be- longs to the rulers of every other to do the same, and it is impossible to deny that, if they decide the matter at all, they must decide it honestly, that is, according to their belief. And so, acting by the light which he has, the Emperor of China would proclaim Buddhism or Confucianism to be the true religion, and refuse lirotection to Christian teachers; the Emperor of Kussia v\'ould proclaim the Orthodox faith 66 RELIGION AND THE STATE. of the Eastern Churcb, and deny protection to Methodist preachers; the King of Sweden would endorse the Lutheran creed and turn the power of the State against Baptists living in his cities; and all these rulers would per- haps adopt the words of John Cotton, in his letter to Richard Salstonstall, justifying the cruel punishment of Obadiah Holmes in Bos- ton, saying,, that their "toleration" and '*iii- dulgence" could not be extended to any per- son acting * 'against the order and government of our churches, established (we know) bj God's law and (he knoweth) by the laws of the country." It is cause for amazement that any thoughtful American can believe that the State, as such, ought to patronize Christianity in one place, if it may not do the same for Buddhism m another; or, in other language, that a Christian ruler is ♦ authorized to obey his conscience, while a heathen ruler is not. Let every one PROTECTION OF LIBERTY BY THE STATE. 57 be fully persuaded in his own mind, and act accordingly, is the lesson of an Apostle to the early Christians; and the same great teacher inculcates the duty of respect for even the scruples of a weak conscience. Either, then, Christians have no right to claim protection from the State in preaching the gospel to the heathen, or the duty of tlie State is simply to protect men in the exercise of their natural rights, without attempting to act for or against any form of religion. That the latter view is correct, the writer firmly believes; and believing it would insist upon religious freedom for all — in China or Sweden, as well as in the United States. But though human government has no con- trol over religious faith or worship, it is bound to conserve with sacred fidelity the liberties of the people against all persons or influences that would destroy them; and therefore, if any relig- ious sect were known to deprive certain mem- RELIGION AND THE STATE. bers of their personal freedom, it would be the duty of the State to restore this to them. If there were religious houses in which persons who entered them freely, perhaps in early life, were believed, on good probable evidence, to be kept against their will, the State would be under obligation to make diligent search, as- certain, if possi])le, the facts of the case, and prevent the use of any physical restraint, abridging liberty. By so doing it would sim- ply accomplish the purpose of its existence; by refusing to do this it would, in a measure, forfeit its right to be. For, according to the view laid down in this investigation, the sphere of its action is well-defined, including the pro- tection of personal freedom, the limits of its service clearly established, and the probability of any collision with any proper spiritual au- thority infinitesimal. Indeed, the perfect distinctness with which, on this theory, the ends of civil government PROTECTIOX OF LIBERTY BY THE STATE. 59 can be expliiiacd, and the ample scope ^vhich it leaves for the spiritual reign of Christ over the minds, consciences, and hearts of men, are strouor reasons for believing' it correct. When truth is discovered, it is commonly found to be simple and harmonious. When the various duties and relations of man are clearly appre- hended they will bo seen to be self-consistent and indubitable. THE LORD'S DAY. It will be recollected by the reader that his attention was first called, in this discussion, to the nature and ends of the Kingdom of Christ on earth. This was done because these are more exactly defined by the Word of God than the nature and ends of the State, and may therefore be expected to aid one in as- certaining the latter It was also assumed that what the members of the Kincfdom of Christ are commanded to do, by means and methods distinctly pre- scribed, it can hardly be the duty of human rulers to attempt by other means and methods, almost certain to come in conflict with those prescribed. And the more carefully this as- THE LORD'S DAY. 61 sumption is scrutinized, the more evident will its truth appear. For the means employed by the State are, as a whole, heterogeneous to those employed by the Kingdom of Christ, and are only fitted to secure results on a lower plane. They are little better adapted to support re- ligion itself, in the proper sense of the word, than bread is to feed the mind of man. They are to be used in protecting natural rights, and providing a suitable field for higher agen- cies; but Christian character and Christian truth, the Spirit of God and his Word, are the only powers fitted by their nature to pro- duce and nourish true religion in the soul. It will also be recollected that, in the last section, reference was made to the claim which Christian missionaries have upon heathen gov- ernments, for protection in the exercise of their natural right to worship God and preach the gospel in public. That claim, it was RELIGION AND THE STATE. shown, can only be vindicated by the view of civil government set forth in these pages. iVnd now it may be added, in support of that claim, that it is embraced, not only in the great natural right of liberty, but also im- plicitly, in the Great Commission of our Lord. For the command to "disciple all the nations," or "preach the gospel to every creature," must be held by the Christian church to be in har- mony with the normal action of the State, since the laws of Christ's Kingdom are, surely, ad- justed to every ordinance of God. The Commission which Jesus gave to his disciples, making it the duty of his servants to proselyte everywhere and always till the end come, is therefore an argument of tremendous force for our view. By making Evangelism the law of Christian enterprise for all time, it has virtually charged the civil authorities to give religious inquiry free scope, protecting even those who teach what is believed to te false; THE LORD^S DAY. 63 for pagan rulers believe the gospel to be false. Freedom to make proselytes, ])y the use of moral suasion, is a natural right, to be claimed everywhere. But if public worship is to be protected as a natural right, the question of times and sea- sons presents itself at once for consideration. May *'the powers that be" select particular days for the spiritual service of God, and for- bid the people to engage in secular w^ork on those days? Is it the duty of our rulers, e.g., to enjoin the observance of the Lord's Day? To these questions the answer of our Puritan fathers cannot be given. For their theory of government identified Church and State, and they addressed themselves with steadfast reso- lution to the task of reinforcing ecclesiastical law by civil; the power of divine grace by that of the sword. It w^as the mistake of good men, but it was none the less a mistake, and few at the pres- 64 RELIGION AND THE STATE. ent time would hesitate to confess it. Rulers may be Christian men, imcler obligation to keep the Lord's Day, and to use their per- sonal influence to have others do the same, but they have no right to employ the power of the State in constraining the people to do this, as a religious act. Nay, it is well to speak plainly on this point, and aver, that by so doing they would perform, like Uzzah, a sacre- llgious act, usurping the functions of a higher economy, and hindering rather than helping the cause they love. But while the State cannot make men relig- ious in heart, or in life, it can and should pro- tect them in being so of their own accord; and this it may properly do, if necessary, by for- biddino^ such kinds of labor and recreation on the Lord's Day as will disturb those who meet for worship ; and the larger the number of wor- shippers, as compared with such as abstain from the public service of God, the more im- THE LORD'S DAT. 65 portaiit will it ])c for the latter to forego their customary labors. The right to worship is sacred; the attempt to compel worship is sacrilege. Not to protect the former is to despise the personal liberty of the people; while to do the latter is to trample on that liberty. Or to look at the question a littlo more broadly, it may be said, that the Jews and Christians (for there are some) who deem it their duty to meet for worship on Saturday, are entitled to the same protection as those who meet on the Lord's Day. For liberty to do the supposed will of God is what the State is authorized to guard; and indeed, to guard it as a matter of natural right, inde- pendent of the particular creed of the subject. This position is the only one that can possibly be defended by men who accept the American doc- trine of religious freedom — a doctrine which is apostolic and reasonable, as well as American. Still another question may be raised at this 5 RELIGION AND THE STATE. point, namely: Has the State a right, on other than religious grounds, to require the people to rest from their ordinary vvoi'k one day in seven ? If it were clearly proven, that the l^odily and mental stamina of the people, and so their average longevity, are dependent on their giving one day in the week to such rest, it would per- haps be competent to the State, being charged with the protection of natural life, to enforce it — on the same principle as quarantine and similar laws are enforced, with a view to pre- vent the spread of contagious diseases. But even then it might bo doubted whether the ample and exact collation of facts, affording the needed proof, would not, if laid before the peo- ple, secure the chief benefit of State action, thus saving the magistrates great care, and leaving the people more freedom. The multiplication of laAVS should be avoided, as far as possible. Nothing should be done by the State which can be safely entrusted to the THE LORD'S DAY. spontaneous action of the people. Foi* to say nothing of the cost attending the execution of laws, it is important to foster in all minds a sense of personal responsibility — one of the highest qualities of intelligent manhood. Yet the importance of ascertaining the real effects on health, longevity, and morals, of giv- ing one day in seven to rest from secular labor, cannot be too strenuously urged; and it is the writer's belief that this effect is such as to justify the State in requiring, if it can be secured in no other way, a cessation of such labor one day every week. But the require^ ment should be based on secular, and not on religious grounds; and these grounds should be distinctly specified in the law. In fixing, however, upon the particular day of the week which should be set apart as a period of rest from customary labors, proper respect should be paid to the religious convic- tions of the people. If there be any one day, 68 RELIGION AND THE STATE. as the Christian Sabbath, on which the people, or a majority of the people, will fix their choice, because of their religions belief, and which will be kept by them, withont regard to the civil law, that day should be selected by the rulers as the day of rest for all; or, if not for all, for those at least who do not religiously suspend their business on some other day of the week. Men are to be protected in relig- ious worship ; and the circumstance that a ma- jority of the people believe it their duty to worship God publicly on the first day of the week, makes it wise for the rulers to choose that for the rest-day of the masses. Yet if one day in seven is all that can properly be required of the people for rest, and if some of them look upon keeping the last day of the week as a Ireligious duty, it would seem that they ought to be allowed the privilege of secular labor on the first day of the week, provided they do not thereby disturb the worship of others. The THE LORD'S DAY. 69 present laws would, in this view of the case, need but little change, except by a statement of the grounds which justify civil action in such a matter. In his able address before the Evansrelical Alliance, in New York, Dr. Mark Hopkins maintained, "that the human constitution, and the constitution of society, is so preconformed to that division and employment of time which the Sabbath contemplates, that neither the end of the individual nor of society can be fully reached except through' ' the same. He also said; **It is ascertained by adequate induction, through observations and experiments care- fully made and long continued, that both men and animals will have better health, and live longer, w^ill do more work, and do it better, if they rest one day in seven, than if they work continuously." And finany he admitted, "that it is not the 70 RELIGION AND THE STATE. province of legislation to enforce the Fourth Commandment in its Goclwarcl aspect, or to pro- mote religion directly; but simply to protect men in their rights under a great provision made by God for their well-being." One other line of ar^fument for a leijal Sab- bath has been taken up, namely, this: Every institution of God has a right to use the means necessary to its own preservation and efficiency : but sound morals among the people are prereq- uisite to good government, frequent religious instruction and worship are necessary to such morals, and rest from secular labor one day in a week is a condition, sine qua non, of this teaching and worship : hence the State should enforce the observance of a weekly Sabbath. This argument is specious, but liable to grave objections. For by assuming that every insti- tution of God must }irovide the conditions of its own existence, it assumes that the institu- tions of God form a system, every part of THE LORD'S DAT. 71 whi(?h must take charge of every other part, instead of doing simply its own work, and leaving every other part to do the same, as if the hand must not only perform its appro- priate service, but see to it also that the brain and the eye are in health. In other words, it assumes that religion is dependent on the State for its existence ; that the servants of Christ will keep no Sabbath, and have no general influence on the character of the people, without the direct aid of civil government in their v/ork, an assumption which is utterly false. For how did the Christian religion first make its way in the world? By what forces, now lost, did it preserve its existence, insert itself gradually into the life of the Roman Em- pire, and, without the patronage of the State, purify the morals and ennoble the aims of the people? And how will it maintain its footing on heathen shores, where "the powers that be" will assuredly give it no legal Sabbath? 72 RELIGIOX AND THE STATE. The reasoning may be specious, but it cannot ])e sound. For the churches of Christ will go on with their work, honoring his name, paying homage to his law, sanctifying his clay, teach- ing his truth, and bcMring his banner in tri- umph over the world, even though the State give them only protection in worship. Their power over morals comes from a higher source than the sword. The springs of their life are in God, and the State may count upon all the influence which they can wield for truth and right, without money and without price. In- deed, *'the powers that be" will best assure their own existence and usefulness, by care- fully restricting their action to the sphere assigned them by the Most High, and not oc- cupied by another and competent authority. When they overstep their proper limits, and attempt to do the w^ork of Christ and his peo- ple, they put in jeopardy the highest interests of man. THE LORD'S DAT. 73 If what has now been said is correct, the Christian servants of the State should never he required to perform secular work on the first day of the week, unless it can be shown that such work is essential to the existence of the State ; and this can rarely be done. Accord- ingly, public libraries should not be opened on that day, nor the courts be in session, nor any ordinary business l}e transacted, for the State cannot do its work in a Christian land by cut- ting itself off from the service of Christians, or by violating the very freedom which it is one of its duties to protect.* * At a meeting of the Baptist ministers of Boston and ^'icin- ity, held in the social hall, Tremont Temple, the following resolutions were unanimously adopted : The ministers of this conference, believing that certain opinions and tendencies of the present hour make it proper for them to state briefly, but formally, their reasons for urg- ing upon the people the duty of observing the Lord's Day^ unite in the following declaration, namely : We are convinced 1. That at the origin of the human race one day in seven, hallowed by the resting of God from the work of creation, was set apart by Him for religious worship and joj' among men, with rest from secular labor; 2. That the duty of observing this weekly Sabbath was solemnly reim- RELIGION AND THE STATE. It is of course iinderstoocl, that Christian magistrates will vindicate their own liberty of worship, as well as that of others, giving all posed by Jehovah on his chosen people, and, owing to its fundamentally moral character, was made one of the Ten Commandments ; 3. That our Saviournot only kept the ^abbath according to the primi- tive law, but also spoke of it as instituted for man's sake or good, adding that He Himself, the Son of Man, was Lord of the Sabbath ; 4. That both the resurrection of Christ on the first day of the week and the example of the Apostolic churches in meeting on that day for religious worship, make it our duty and privilege to honor the Lord's Day, instead of Saturday, by devoting it to Cluistian work and joy ; 5. And, finally, that the history of Christian nations enjoins upon us the same great duty and privilege, by showing that a faithful observance of the Lord's Day has tended to the physical, mental, and moral good of the people., Y/e are also convinced — 1. That, for sanitary and moral reasons, a weekly day of rest from secu- lar toil should be required by the laws of the State ; 2. That, in a land where most of the people recognize the authority of Christ, that day of rest should be the Lord's Day, since it will be kept by large numbers from a sense of religious duty ; 3. That, by selecting any other day, the Government would discriminate against Christians, who are bound in conscience to rest on the Lord's Day, and who could not, therefore, hold office or perform service for the State if required to work on that day. 4. That by opening public libraries or authorizing any form of public ser- vice not strictly necessary, the civil authorities would not only act against the judgment and conscience of a great part of the citizens, but also against the general current of legislation in all our history as a people, and against the recognition of Sunday by the Constitution of the United States, as well as by those of nearly all the separate States. 5. That, so far as we can judge, the people do not need the use of public libraries on the Lord's Day, nor do they desire the same for themselves. In view of these considerations, we earnestly deprecate every attempt to secularize the Lord's Day, and call upon our fellow-Christians to use their influence by word and example to avert so great an evil. THE LORD'S DAY. 75 the weight of their personal influence to the cause of the Lord. By word and act they will hallow his day and honor the laws of his king- dom, but they will not use their official power to constrain men to engage in religious wor- ship, or even to cease from employments which do not disturb the worship of others. The zeal with which they serve Christ will not be diminished by the circumstance that the weap- ons they must use are not carnal, but spiritual; and while they see that their service as magis- trates cannot have religion for its direct object, they will also perceive that it has an important relation to the supreme interest of man, the renovation of his soul, l>y preserving order and libeit}', and so preparing a suitable field for the conflict of truth with error, of grace with sin. There is therefore no discord between their civil and their religious duties; both are be- neficent, both ordained of God; but the former 76 RELIGION AND THE STATE. seek to gain temporal good by natural means, while the latter aim to secure eternal good by spiritual means. And the vast personal influence of Christian magistrates ought not to be overlooked; they fill a large place in the public eye, and their example may reach hearts closed to every other appeal. But in our own land, at least, the choice of the people will determine, in a great measure, the character of their rulers. If they look at the man as well as the magistrate, and have respect to his unofficial conduct as well as his official; if they bear in mind that the higher one's position in civil life, the greater his power over many in private life, they will not be able to ignore altogether the question of religion in the choice of rulers, though they deny to the State any direct control or patron- age of the Church. The statutes of Massachusetts forbid the peo- ple to do "any manner of labor, business or THE LORD'S DAT. 77 work, except works of necessity and charity," or to "be present at any dancing or public diversion, show or entertainment," or to "take part in any sport, game or play," or to "travel, except from necessity or charity," on the Lord's Day ; but these statutes are in great part a dead letter, while the influence of Christian magis- trates unites itself with that of all who honor the Saviour, in giving to the Lord's Day the respect which it now has (alas, too little!) in the old Bay State. The following clear and discriminating words are found in the "Bloudy Tenent" of Eoger Williams, pp. 372, 373. Publications of the Nar- raganset club, Vol. III. "The civil magistrate either respecteth that religion and worship which his conscience is persuaded is true, and upon which he ventures his soul, or else that and those which he is persuaded are false. "Concerning the first, if that which the mag- 78 RELIGION AND THE STATE. istmte believeth to be true, be true, I say he owes a threefold duty unto it: First. Approbation and countenance, a rev-, erent esteem and honorable testimony, accord- ing to Isaiah xlix, Revelation xxi, with a ten- der respect of truth and the professors of it. Secondly. Personal submission of his own soul to the power of the Lord Jesus in that spiritual government and kingdom, according to Matthew xviii, 1 Cor. v. Thirdly. Protection of such true professors of Christ, whether apart, or met together, as also of their estates, from violence and injury, accordinof to Romans xiii. Now secondly; if it be a false religion (unto which the civil magistrate dare not adjoin, yet) he owes: First. Permission (for approbation he owes not to what is evil), and this according to Mat- thew xiii. 30, for public peace and quiet's sake. THE LORD'S DAT. Secondly. He owes protection to the persons of his subjects (though of a false worship) that no injury be offered either to the persons or goods of any. Eomaus xiii." THE BIBLE IN SCHOOLS. ■■i.- ■ The object of this discussion is to bring the proper relation of religion to the State before the reader in as clear a mnnner as possible; and there will, it is thought, be no fitter place than this to consider the difficult question of the use of the Bible in schools supported by the State. Grave differences of opinion on this point prevail among the friends of educa- tion, and it is not easy to see how these differ- ences are to be reconciled. For it is urged, on the one hand, that the use of the Bible in schools controlled by the State is necessary to good government, to the protection of life, liberty, and even property, and therefore prop- erty may be taken for the support of schools THE BIBLE IN SCHOOLS. 81 where the Scriptures are read and taught. Or, to put the same tliought in another form, the State is bound hy the law of self-preservation to provide for the moral, as well as the mental training of the people; but moral training can only be made effectual by connecting it with religion, and the Bible is the only source of pure and well-attested religious truth. Besides, it is alleged that the State cannot remove the Bible from its schools without removing, on the same principle, all Christian literature — and, indeed, in the last instance, all books that recoii:nize the beini:: of God; but to do this would be to discriminate against Christi- anity in favor of pure deism — against all re- ligion in favor of pure naturalism— a discrimi- nation which is inconsistent with the duty of the State as an impartial protector of liberty. And so the protest against the use of the Bible in schools is reduced, it is said, to an absurd- ity. But, on the other hand, it is urged with 6 RELIGION AND THE STATE. equal confidence that the State, haviiig as such no control over spiritual affairs, should not cast its influence into the scale in favor of any particular faith; while it is also claimed, with some show of reason, that even the reading of the Scriptures as a religious book (and only as such a book would Christians be willing to have their children read them) is to some ex- tent an endorsement of Christianity, and ought therefore to be omitted. Thus there are si^rns of a serious conflict of opinion, and in our own land, as well as in England, the combatants are already in the dust of battle, or girding on their armor for the strife. It would surely be presumptuous for the writer to expect any marked success in dealing with the point at issue; but as it falls within the range of his subject, a few suggestions must be offered. And it is certain that the attempt to reduce the argument for removing the Bible from pub- THE BIBLE IN SCHOOLS. 83 lie schools to an absurdity is not sound ; for the Bible, if read as Christian parents would have it read by their children — if read as a sacred book, making known the will of God to men, and so founding morals upon religion — differs very greatly from all other Christian literature, and must be classed by itself. The protection which the State owes to lib- erty of soul, does not permit it to favor any one sect to the injury of another; but it does justify it in fostering a free iuterchauge of thous^ht — in treatini^ men as intelhVent social beings, whose views in respect to the highest matters will pass from one to another, and whose education for life will consist, partly at least, in learning]: to distin2:uish between truth and error. If, then, such literature only is used in the public schools as depends upon its harmony with reason and its power to convince the understanding, for the influence which it has 81 RELIGION AND THE STATE. upon men — the interests of religious freedom do not seem to be prejudiced in the least. But the employment of a volume which is supposed to teach with al:)solute authority, and is appealed to as giving religious sanctions to morality, cannot be justified on the same grounds; and it would not, surely, be strange if Jews or Chinese should object to such a use of the New Testament, by authority of the State, as a violation of their religious free- dom: nor are there, so far as now appears, any solid reasons why the State should over- rule their objection. No thoughtful man should be alarmed at this conclusion. For it must be borne in mind, that children whose parents arc unwilling to have them read the Scriptures will not, if com- pelled to read them, be likely to do it with a very reverent or docile spirit; and any one who has much observed the careless and per- functory manner in which the religious exer- THE BIBLE LV SCHOOLS. 85 cises of many public schools are dispatched, especially when the children belong for the most part to Catholic families, must have seri- ous doubts whether any good result can be expected from them. If the Christian influence of a teacher besrins and ends with the formal service, it is worth- less; but if it springs from heart and con- science, it will be made efiective for the great- est good, though the formal exercise be omitted. The religious education of children cannot be entrusted to the State. It must be left in the hands of parents, friends. Christians. For unless *'the powers that be" make it a point to select none but earnest Christians to teach in the public schools, there will be many schools in charge of persons who have no interest in the Bible, and no power to awaken such inter- est. Yet who would go so far toward the union of Church and State, as to have the latter sit in judgment on the religious character of a 86 RELIGION AND THE STATE. i;h44^ large body of its servants ? Most certainly the tt%t result of such inquisition and patronage would, ' 1 ^^rin the end, be evil to all concerned. •" But these remarks do not apply to the free ^\^^y{jk action of teachers who may wish to read the ' ttiAtC Bible and pray to God with their pupils ; for Ml***4» such a service, voluntary, brief, and approved jV^ by the parents, might be quite suitable. Yet Jl^ in strict justice the State cannot tax the people for the support of religion, and therefore the teachers whom it employs are bound to give the time, for which they are paid, to the work • of secular instruction. If, however, they are pleased to add a quar- ter of an hour to that time daily, inviting the parents to send their children to a voluntary service, their course must be pronounced un- objectionable, for it is a private and personal arrangement between teacher, parents, and chil- dren, and as a service costing eflfort and spring- THE BIBLE IN SCHOOLS. 87 ing from love, it would bo likely to prove earnest and fruitful of good. No doubt there are lions in the way of such a service, difficulties to be met and surmounted, but this is true of all religious efforts worth naming; and so long as there are Christian hearts in the world, they will find ways to bring the gospel to children. Let us have no State religion in schools ; there is a better way. If now the answer comes back : Not for the sake of religion, but for the good of the State; for there can be no security for morals but in religion, and no security for the State but in morality, the reply is at hand: Eeligion will prosper and do its work for good morals, with- out State aid. It will find its way into fami- lies, schools, communities, and scatter blessings by its own agencies, all the better for being left to itself. Wlien it leans on the sword, it is pierced; when it rests in the lap of the State, it is shorn of its locks. Relisrion is from above, 88 RELIGION AND THE STATE. and it lives by taking hold of God ; it grows hy self-denial and sacrifice. The State need not distrust it, provide for it, nor pamper it ; for Christianity gains most when it gives most, and it gives most when it sees the need of giving. Leaving now the difficult question of the Bible in public schools, it may be well to ad- vert very briefly to the employment of chaplains by the State. Is it right for the people to be taxed for the religious instruction of its rulers or defenders? Should not the officers of gov- ernment, with all persons belonging to the army and navy, select their own spiritual guides, and if able, support them as well? If they have the same religious liberty as other men, why should they not honor it in the same way, and at the same cost? Why should persons differing from them in belief, as a Jew differs from a Christian, or a Baptist from a Papist, be compelled to support their teachers ? But if men in the civil or mil- THE BIBLE IN SCHOOLS. itary service of their country are so poorly paid as to be unable, or are so indifferent to God as to be unwilling to reward their pastors for the service rendered by the latter, why should not Episcopal chaplains be sustained by members of the Episcopal Church, and Baptist chaplains by churches of their own faith. K liberty of conscience is not a fiction, it is manifestly unjust to require any man to support religious teaching which be does not believe, and thus take away or diminish his power to support the teaching which he does believe. And as a matter of fact, this is done without the least necessity. For there is no reason whatever to doubt that any Christian denom- ination in the United States would readily un- dertake to support all the chaplains selected from its ministry; indeed, there are large bod- ies of Christians that would be only too glad to have the privilege of doing their part in such a field of labor. 90 RELIGION AND THE STATE. The history of the Christian Commission and its work in the late war, furnishes conclusive proof that army chaplains, paid from the public treasury, are needless; and if the two houses of Congress, and the Legislatures of the several States, were ever forced to go beyond their own members for suitable chaplains, and were disinclined to pay for their services, it is quite certain that such service would be rendered gratuitously, by any denomination from which they might wish to receive it. The same may be said of prison chaplains ; and the time is not far distant, it may be hoped, when the volun- tary system which has been so successful in all its working hitherto, exciting amazement in the minds of educated Christians on the continent of Europe, will be thoroughly and consistently applied. • Then first will the primitive glory of the church in this respect be restored. If the only alternative were union of State and Church, THE BIBLE IN SCHOOLS. 91 eiich shaping the other to the best form for or- ganic and concentrated action, or hostility of State to Chnrch, the former persecuting and aiming to destroy the latter, it would be far wiser for the servants of Christ to choose hos- tility than union; but no such alternative is proposed to them in this land; they have no reason to think that *'the powers that be" would not welcome a ''friendly independence'' on the part of all religious bodies, and assure to them all a fair field of action for the defence and propagation of what each believes to be the truth of God. And this, only this, a friendly independence of State and Church, each doing its appointed work in its own way, is what these pages advocate in behalf of both. The genius of Christian liberty and reform has been feeling after this blindly in every age ; it has been often revealed as an ideal relation, devoutly to be wished, but scarcely to be ex- pected, to the clarified vision of oppressed 92 RELIGION AND THE STATE. saints ; but never until now has there seemed to be any considerable ground for hope that the blessed ideal might soon become a fact. And now it can only be realized by apparent sacrifice on the part of Christians ; it remains to be seen whether they have grace to provide for the future by relinquishing a seeming good, in the present. PROTECTION OF PROPERTY-SECTARIAN SCHOOLS. According to the analysis adopted for this discussion, the first right of man is to life, the second to liberty, and the third to property. It is needless to specify the ways in which these natural rights may be forfeited; but it may be well to insist upon them as belonging to all persons of sound mind, unless they have been forfeited. Of the first two, we have already spoken; and of the last, this only shall be added, that no principle of morals is more self-evident than the one expressed by the old maxim, suum cinque; and surely the product of a man's labor, the use and fruit of his own powers, must belong to himself; the originator of a value must be the owner of it. This is a 94 RELIGION AND THE STATE. universal principle, the true and only basis of political economy, regarded as the science of property. Reject it, and nothing remains but a choice between Absolutism and Communism, between the doctrine that might makes right, and the doctrine that the idle are entitled to the fruits of labor just as much as the diligent; that exist- ence, and not the proper use of one's powers, establishes the "riorht to a livinor." Both these doctrines are rejected by the Word of God, the former by the view which that Word gives of Ahab's conduct in appropriating Naboth's vine- yard, and the latter by the language of Peter to Ananias: *' While it remained (unsold) was it not thine own?" and of Paul to the Thessaloni- ans: "If any one will not work, neither let him eat. These passages are brought forward merely as samples of Scriptural language, recognizing the right of the people to property, honestly gained. The producer owns the product. PROTECTION OF PROPERTY. 9a It must, however, be recollected at this point, that a part of the value of any product of human industry is due to the protection which the State gives to the natural rights of man, including the right of property ; and this part of the whole value may perhaps be estimated as equal to the percentage necessary for the support of a gov- ernment able to protect those rights — a good government paying for itself in the increased value which it gives to property, without re- gard to the protection which it affords to life and liberty. To this percentage, then, looking only at property, "the powers that be" are in a cer- tain sense entitled, but to no more; and not even to this, in all cases, when the subject is more broadly considered. For the State, as previously shown, does not exist for its own sake, but rather for the accomplishment of cer- tain great ends ; and therefore it can claim no more of the people's wealth than is requisite 96 RELIGION AND THE STATE. to secure those ends. Besides, in any well- ordered State the moral sentiment of the peo- ple is the chief support of the rulers, doing far more than they to honor and execute the law. In reality, the government acts for the peo- ple; and, if its functions are rightly defined, it is entitled to exact from them no moie than is necessary to enable it to jDrotect them in the exercise of their natural rights against foreign or domestic agcrression. Hence it should never tax them for the support of religious institu- tions of any kind. For, in the first place, it can hardly be shown that the influence of any particular form of religion is indispensable to the protective power and action of the State. Judaism, Mohammedanism, or Confucianism would perhaps serve the same purpose, in this respect, as Christianity; and surely it would be impossible to name any Christian sect which might not aid the government sufiiciently in its appropriate work. Yet if the State is to en- PROTECTION OF PROPERTY. 97 courage religion at all in a pecuniary way, it must discriminate between different forms of religion, and assist those, or that, which it ap- proves — a function for which it is incompetent. But, in the second place — and this is the most important consideration by far^ — it can hardly be shown that pecuniary aid of any kind from the State is necessary to the exist- ence and beneficial influence of religion. In- deed, there arc cogent reasons for believing that such aid has always been detrimental to the bodies that have received it; that the moral and spiritual power of Christian churches has been weakened by leaning upon the secular arm. The idle populace of Rome were never in- cited to virtue, or diligence, or noble endeavor, by largesses of corn from the Emperor; nor have the followers of Jesus ever been raised to a higher plane of spiritual life imd useful- ness by State patronage. On the contrary, 7 98 RELIGION AND THE STATE. they have been led to distrust the power of truth and grace, crying out with aUirm at the prospect of a withdrawal of government aid. Witness the attitude of many Lutherans in Germany, and Churchmen in England, at the present hour. Haviug been cherished by the State till they have lost confidence in the agen- cies provided by Christ for the upbuilding of his kingdom, they are filled with anxiety, if not despair, at the rapid progress of events towards the separation of Church and State. But their apprehensions of evil are vain. What they fear, will prove a blessing to the people of God. If, then, it be granted that the influence of re- ligion is needed by human governments, it does not follow that they are to tax the people for the support of religion. Sunlight and air are also necessary to the existence of a good government; but the peo- ple are not taxed for them. It must never be forgotten that God has provided for the |3er- PROTECTION OF PROPERTY. petuation, diffusion, and power of religion, independently of the State, and therefore the latter is relieved from a task quite beyond its wisdom and strength. These sentiments are not new to Baptists. They have been among the ** common places" of our creed for a century, at least. The right of the State to tax any one for the benefit of religious teachers whose doctrine he does not believe, was first denied, and then with logical consistency the right of the State to tax one for the support of religious teachers whose doctrine he does believe, was also denied. The Church, it has been constantly affirmed, is independent of the State, but friendly to it; while on the other hand the State is independ- ent of the Church, but friendly to it. All the applications of this doctrine may not have been insisted on with wisdom and firm- ness, but the doctrine itself, as was meet, has been proclaimed upon the housetop. When a 100 RELIGION AND THE STATE. thorough application of it has been seen to be for our own benefit, and a disregard of it op- pressive to us, the doctrine has been earnestly set forth; but when the application of it, though required by principle and consistency, Avould have cut us off, perhaps with others, from a present relief and a seeming good, it may be doubted whether as much zeal has been shown in j^roclaimiug it. Nor is this a sur- prising phenomenon of history. Good men have rarely been perfect, and one would sooner trust them to detect a wrong which was felt as an injury to themselves, than a wrong which was supposed to be a benefit. The latter they might accept without scrutiny, leaving the responsibility with others ; the for- mer they would be likely to examine rigorously ; protesting against the injury as being also a wrong. And this would be specially true of the less obvious violations of an accepted prin- ciple. PROTECTION OF PROPERTY. 101 In this way, may be explained the readiness with which, in some instances. Baptists have received aid from the State for the endowment of schools under their control. Not that they have been often gnijtified with evidences of such favor, for it can be truly said of them in com- parison with others, that they have only ''been holpen with a little help;" yet even this help, sought and accepted by them for colleges under their care, has proved them careless of princi- ple in the presence of a pecuniary advantage. For though admission to these colleges has in no case been limited by religious tests, and though the instruction given in them is not at ail sectarian, they have been founded and fostered with a view, more or less distinct, to the increase of Baptist influence, the spread of Baptist doctrine, and the growth of Baptist churches. It is therefore plain, that grants in aid of such schools are indirectly, and to a certain ex- 102 RELIGION AND THE STATE. tent, grants in aid of the denomination. How much has been done for Unitarians by Harvard ! How much for Presbyterians by Princeton ! How much for Congregationalists by Yale and Dart- mouth and Amherst! Many persons believe that colleges and theological schools ought to be supported altogether by private munificence : and much may be urged in favor of their belief. For if the end of human government is the pro- tection of life, liberty, and property, it cannot be proved that such government must offer to the people liberal culture in order to accom- plish that end. The rudiments of knowledge, provided for all in the common schools, are sufficient for the purpose named; while the higher forms of learning are certain to bo furnished by private liberality, to those who desire them. Besides this, it is evident that young men in college need to be brought under a more positive Christian influence than State institutions can PROTECTION OF PROPERTY. 103 furnish. But if "the powers that be" are ever to l)e justified in contributing from the public treasury to the support of denomina- tional schools, it is only when they make it reasonably certain that those schools will do their work faithfully. The State should have the right of examina- tion, the right to assure itself that the people's money accomplishes the object for which it was given. But it is exceedingly doubtful whether aid should be given on any terms to such schools. If the Baptists wish to have a uni- versity under their control, let them found it; if the Presbyterians desire such a school, let them do the same; so of the Roman Catholics, and the rest. Let none of them ask for more than protection from the State. And with still greater emphasis must this be said of theological seminaries. There can be no valid excuse for taxinsr Methodists and Pres- byterians to support Baptist teachers of theol- 104 RELIGION AND THE STATE. ogy. There can be no justice in compelling Jews and Baptists to pay a Lutheran divine for inculcating doctrines which the}^ believe to be false. The cause of true religion will not be ad- vanced by encouraging the State to take money from Protestants to sustain Papal theologians in teaching the dogmas of Rome. A govern- ment which does all this deliberately, can have little reverence for the Word of God, or respect for the religious convictions of men. For it seems to treat all forms of religion with equal favor, though some of them must be regarded as false, if any are accepted as true; and it calls upon men to support what they do not believe, for the miserable consideration of be- ing in turn supported in what they do believe — all denominations being required to do evil that good may come. But in the end it is sure to bestow its am- • 'plest favors on that form of religion which is PROTECTION OF PROPERTY. 105 least spiritual and most politic. Let no one suppose that, in the long run, any Protestant denomination will be able to compete with the Papacy in winning assistance from the State. If the functions of civil government be not restricted to secular affairs, to the pro- tection of natural rights, it will be found cast- ins: its influence in favor of the Church which is most like itself, and will give the most votes. With nearly the same emphasis may this course of thought be applied to church prop- erty. There seems to be no sufficient reason why the increase of such property should be especially fostered by the State. It may, in- deed, by cultivating piety and morality, be more useful to the people than other property^; but it has never been proved that human rulers are charged wath the duty of taking care of re- ligion, nor has it been proved that State aid is necessary to induce or enable Chiistians to 106 RELIGION AND THE STATE. increase church property as rapidly as it will be used for the good of men. Is it probable that the splendid cathedrals of the Papal Church, erected at vast expense from the contributions of the poor, and owned by the hierarchy instead of the congregation,* do any more for good morals among the people, than would be done by humbler edifices ? Is it certain that the costly Gothic churches, built by some Protestant congregations, serve the cause of genuine virtue and piety better than it would be served by less expensive buildings. Certain it is, that in the Middle Ages vast accu- mulations of ecclesiastical wealth were wholly untaxed; while the burdens of civil government pressed with crushing weight on secular estates. From the nature of the case, therefore, and from the lessons of history as well, it may be inferred that a moderate tax, levied on church * See "Church and State in the United States," by J. P. Thompson, p. 74, for a particular statement as to the laws of New York. PROTECTIOX OF PROPERTY. 107 property, would tend in no degree to weaken the power of religion; but would act as a wholesome check to extravagance in building and in heaping up wealth under priestly con- trol. "A moderate tax" is mentioned for these reasons : 1. Because the market value of church prop- erty is in reality far less than its cost, and far less than it would ordinarily l)e estimated to be worth by its owners. Yet the market value is obviously that which must be taken into view in taxation. 2. Because all property which is held in trust for a purely benevolent use should be lightly taxed. Ordinarily, church property is held in this way. Those in whom the title is vested cannot sell the property, and divide the proceeds among themselves. They must use the property for a certain purpose; they are 108 RELIGION AND THE STATE. virtually trustees, not owners; and the purpose is supposed to be charitable. Many intelligent Christians take the ground , that property held in trust for benevolent uses ought never to be taxed at all; and that all property held for religious uses must be put in the same categorj^ since it l)rings no pecuniary income to those holding it. But there are diffi- culties in the way of accepting this view with- out qualification, though much certainly may be said in its favor. For in the first place, the profession of relig- ious ends does not always exclude other ends; some of them possibly dangerous to the rights of men, if not to the State itself. And in the second place, when religion de- generates into superstition, there is danger from the accumulation of property held for relig- ious purposes. The Mormons may put all their property into the hands of their chief; the Pap- PROTECTION OF PROPERTY. 109 ists ir.ay put too much of theirs into the hands of their bishops. But the relief of church property from taxa- tion has been no more unwise, except as it operated on a larger scale, than the relief of school property under sectarian control. For it cannot be denied that many executive boards have proceeded too hastily in the erec- tion of costly buildings, involving themselves in debt and lowering the standard of merit in their teachers — a mistake which would proba- bly have been prevented by a knowledge that property in the form of school buildings must be taxed. It is also to be observed that vast estates in the hands of a religious body, for purposes of education, but free from secular control and paying nothing directly for the support of hu- man government, may prove exceedingly dan- gerous to freedom. The religious body may 110 RELIGION AND THE STATE. become unfriendly to the State, or may believe itself authorized by God to use the State for its own ends, and may therefore need to be re- minded of the supremacy of the State in its own sphere. Hence, on grounds of mere pru- dence, it seems desirable to tax such property and compel it to honor "the powers that be.'* CHARITABLE ESTABLISHMENTS. In the preceding section, a few reasons were assigned for believing that neither church prop- erty nor school property, under the control of a religious body, should have pecuniary aid from the State, even by way of release from taxes. On the latter point many will dissent from the writer; but it seems to him plain that there is no difference, in principle, between giving a sum of money out of the treasury yearly to a sectarian school or church, and releasing the school or church from the payment of that sum yearly into the treasury. In either case the sum must be added to the amount raised by tax from the people, even though two-thirds of 112 RELIGION AND THE STATE. them reject the cloctrmes of religion taught by that school or that church. If now it be said that school-houses and meeting-houses are in a pecuniary sense un- productive, the same may be said of dwelling- houses occupied by their owners ; and if it be asserted that the former enhance the value of real estate, and so benefit the town, the same may be asserted in many instances of the latter also. Again, if it be said that a company of private citizens may give to Baptists or Methodists church lots, with a view to attract purchasers of a certain class, or to establish a church of their own faith, and that the said Baptists or Methodists may accept them without scruple, and use them for religious purposes, all this is freely admitted; but it furnishes no argu- ment for the reception of corner lots from the State; for such a company is like an individ- CHARITABLE ESTABLISHMENTS. 113 iial, not like a civil government — it acts for itself, and not for other men. It is not a question with us whether persons may assist any religious society they please, for this is their natural right as moral beings ; but it is a question whether the State may make use of purse and sword — constraining men, against their convictions of duty to God and their sense of loyalty to truth, to uphold re- lio^ious sects, or indeed reliirion itself. The two cases are by no means parallel. A single observation may l)e made at this point, on a subject germane to the one under consideration. In some parts of the land the property or income of clergj^men is said to be exempted from taxation. If this be so, it is a misfortune to them ; for no men ought to feel a deeper interest in the welfare of their country and the stn])ility of its government than minis- ters of re]i2:ion; and no better way can be 114 RELIGION AND THE STATE. devised to keep alive iin interest in any good institution, than to call upon men to give of their means for its support. Besides, if the true relation between State and Church has been advocated in these pages, such discrimination in favor of religious teach- ers is wholly indefensible. They should be supported by those whom they serve, by those who believe the doctrines which they inculcate, and not by those who believe their doctrines false. The State, therefore, has no moral right to give them, indirectly, a regular stipend from its treasury, though it be done by releasing their property from taxes, and thus augmenting the burdens laid upon others. The evil may be slight at present, but the proportions to which it will grow in time arc unknown. It should be enough for any Christian that the principle on which such discrimination rests is unsound and dangerous. CHARITABLE ESTABLISHMENTS. Uo Another observation will bo in place. Chris- tian missionaries have sometimes engaged in teach ins: the rudiments of knowledo^c to the Indians of our land, and the national govern- ment has rewarded their service in this direc- tion by * 'grants in aid." The same thing has been done for the missionaries to the Karens, by the English government of India. Is the acceptance of such "grants" inconsistent with the proper relation of Christians to the State ? Do they sanction by it an attempt of the State to patronize or propagate Christianity, thus pass- ing beyond the limits of its appointed sphere, and usurping the functions of a higher econ- omy? Perhaps not. If the missionary is only recognized and paid as a secular teacher, his religious work being done under other auspices, and the freedom of the people to hear or forbear being maintained, the reception of "grants in aid" would appear to* involve no violation of principle; for the 116 RELIGION AND THE STATE. missionaries would do for the State no more than the State might lawfully employ them to do. How far it may be wise for missionaries to seek government grants for the partial sup- port of schools under their care may be doubt- ful, but wherever they obtain such assistance, they should submit their work to the scrutiny of State officers; and this is probably done in all cases; certainly it is in Burmah. The only other topic which calls for notice in this discussion, is that of charitable action bj' Church and State; and it is obviously one of the most difficult. Many, indeed, who have given years of study to political economy, are appalled at the problem which clamors for so- lution, the problem of what the State ought to do for the poor. If *'the powers that be" are in full sympathy with the best aspects of Christian civilization, and are intent upon a faithful discharge of their duty as protectors of human life, they will dis- CHARITABLE ESTABLISIIMEXTS. 117 cover in cities, if not in ruraJ districts, a great number of persons who need assistance; and the question of their official duty to the poor will be thrust upon them from every side. Perhaps it will assume the form of this alter- native : OuHit the State — i2:norino: as it were the family, the church, and the various springs of unconstrained beneficence — to hold itself pri- marily responsible for the support of all within its borders, who cannot take care of them- selves ; so that those in want will be taught to look to it, in the first place, for help? Or ought civil rulers to regard spontaneous char- ity, the help of kindred and friends, of lovers of man and lovers of God, as the primary and natural resource of the poor, while the State comes in to help at the last moment, when the springs of spontaneous charity fail ? And the longer they reflect upon this alternative, the more cliflicult will the answer which is sought appear. 118 RELIGION AND THE STATE. It is easy to say that the State is bound to take care of its poor ; but is it not as easy to say and to see that Christians are bound to take care of their poor ? that neighbors are bound to help their destitute and suffering neighbors ? that strangers, like the good Samaritan, when Providence permits, are bound to help strang- ers in distress? Is there anything in the Word of God favor- able to the idea of taxing the property for the benefit of the poor, instead of relying upon the alms of good men and women to meet their necessities? Is not State charity more likely to be received as a debt than as a gift, educa- ting the public mind to a false view of the case, and destroying in paupers the sense of their j^ersonal responsibilitj^ and of their duty to earn their own bread? Would not a true econ- omy in the use of wealth be promoted b}^ leav- ing almsgiving to individuals and voluntary associations? Would not the children of want CHARITABLE ESTABLISHMENTS. 119 be more wisely and tenderly assisted by this spontaneous charity ? Or, passing by all these questions, is it right for Christians, with the New Testament in their hands, to plead the duty of the State to care for the poor as a reason for its aiding them to sup- port their destitute brethren? And if it be said in justification of such a plea, that the State concedes its duty in this matter and provides after a fashion for paupers, taxing all the peo- ple for their good, so that if Christians provide for their own poor, they are loaded with a double burden — it must be responded, that this is true ; yet the Jews of our land do this very thing, taking care of their poor brethren, and at the same time paying taxes for the support of public paupers; audit maybe added, that giving does not impoverish them; the language of their ancient Scriptures is verified by their prosperity ; **He that hath pity upon the poor lendeth to 120 RELIGION AXD THE STATE. the Lord, and that which he hath given will He pay him again." Besides, if the State assists a body of Chris- tians in founding and sustaining a great char- itable institution, because this institution will probaljly relieve it from the care of a certain class of paupers, it must assist other bodies in the same way, vvhatever be their-' religious creeds, provided they will relieve it of similar burdens. And in the end it will be found im- possible to discriminate between a home for aged and pious women, and one for orphan and destitute children, though the inmates of the former have a settled religious belief, and the inmates of the latter are the fittest subjects for proselytism. Nor will it be easy to limit the sums which may be given by the State to a pol- itic denomination in aid of charitable houses, or to measure the sectarian influence emanating from them, when under the control of a skilful priesthood. CHARITABLE ESTABLISHMENTS. 121 It is uot, therefore, enough to show that in a given case no denominational advantage is sought throusfh the establishment for which state aid is obtained; it should also be made to appear that a dangerous precedent is not thus given, or a dangerous policy endorsed, })y which the way will be opened for others to obtain aid from the public treasury, when the end is really, though not ostensibly, sectarian. Besides, it is difficult to justify the State in furnishing assistance to institutions which it does not frequently examine, for the purpose of assuring itself that the public benefactions are not diverted from their appointed use. For various reasons, then, it seems to the writer dangerous for the civil authorities to cooperate with religious bodies in charitable work, except by way of protection. How far the State should ensfao^e in such work is a question not yet answered. Whether Chris- tians have a risfht to transfer the care of tlirir 122 RELIGION AND THE STATE. poor brelhreD to the State, is also a question not yet answered. Whether they have a right to call upon the State for aid in caring for them, is another question to be answered. Whether it is for the real good of Christians to have their charitable work diminished by the State, is also to be carefully considered. But a few things are tolerably certain, and worthy of deep reflection: Christians are authorized by the nature of their religion and the precepts of the New Testament, to provide for the wants of their brethren ; and by the favor of God they are able to do this, while meeting all their ob- ligations to ' 'the powers that be. " Again, they will be sure to increase their influence over the hearts and consciences of men by doing without complaint more than their proportion of charitable work, and by doing it independ- ently of the State, whose means for charity are secured by constraint. And, finally, it may be said, without injus- CHARITABLE ESTABLISHMENTS. 123 ticc to civil rulers as a class, that they are likely to do most, not for those religious or- ganizations which seek with singleness of pur- pose to elevate the moral and spiritual aims of men, but for those which are specially ser- viceable to the rulers themselves for the time being; and therefore it is unwise, if it be not wrong, for Christians to look to them for help in their work. The writer, however, deems it simple justice to say that, in his opinion, the Christian women who have obtained from the State of New York, at a nominal rent, a site for their projected Baptist Home for Aged Women, have secured aid from the State in one of the least exception- able forms, and in reality, though not in name, for one of the least sectarian purposes. If it were wise for a religious body to look to the State for pecuniary aid in any case, it might be in theirs. And if the usages of the denom- ination in the past were to be taken as conclu- 124 RELIGION AND THE STATE. sive ill respect to the rii^lit or wrong of tlieir action, they would ceitainly be justified. But it cannot be denied that special thought, both in England and America, has recently been given to the proper relation of the State to re- ligion, and that local events have awakened the earnest attention of the Christians of New York to the same subject, so that the final acceptance of the Lease was a marked and even national event. It represented a princi- ple and endorsed a policy. Whether in har- mony with Baptist ideas and aims, or against them, it w^as a memorable act, and the honor- able and devout w^omen, as well as men, who were concerned in it, ought not to be surprised at the notice which was taken of it by some of their brethren, nor to regret that the great questions involved in their action have been brought before the minds of the people. It is time, surely, for us to review our the- ory and practice on the matter in the question, CHARITABLE ESTABLISHMENTS. 125 or rather, on the principle involved. If our theory has been correct, onr practice has been to some extent wrong; if our practice has been right, our theory has been erroneous. A great step in advance will be taken, when the proper sphere and end of civil government are made plain to Christians, and their minds are so filled by the truth that they will spon- taneously act in agreement with it. For how- ever inadequately the subject has been treated in these pages, no graver or more far-reaching question than this is now before the public mind. Let it not be dismissed until the true answer is found. Having now examined the most important applications of the doctrine that the State should give to the people "protection and nothing more" in matters of religion, it may seem to the reader time for the discussion to be closed; but there are a few general consid- erations, bearing on the subject, which must 126 RELIGION AND THE STATE. be noticed before the present writer can feel that his duty is accomplished. Many obsta- cles which seem to lie in the way of adopting the view defended in this essay, and which at first appear insurmountable, may, it is be- lieved, be removed by these considerations; the reader's favor is therefore solicited until they are laid before him. GENERAL OBSERVATIONS, It seems to be thought by many, that if Christians now admit the impropriety of their havino^ aid from the State for relisfious or sec- tarian purposes, they must in equity repay the body politic for all they have received in the past. But this is evidently a mistake. In many instances such repayment would be im- possible; in others it would be plainly unjust. In thousands of cases, perhaps, the grant has been used for the purpose intended, and neither it, nor a pecuniary equivalent for it, any longer exists. In almost as many cases, societies have been led, by the proffer of State aid, to do what they would never have attempted without it; and, as a natural result, they are quite unable 128 RELIGION AND THE STATE. to refund such aid. For instance, in consid- eration of a grant of land from the town for a site, and of freedom from taxes for the whole property, a church has erected a liouse of wor- ship far more costly than it would otherwise have built ; the value of the site and the ag- gregate amount of the taxes remitted have both increased year by year for a longtime; and the church w^ould now hQ found unable to repay the town. Nor, indeed, ought it to do this; for its past action was due to an error of the town as truly as to its own error. The civil authorities acted in good faith when giving, and the Christian society wdien receiv- ing such help ; and though a better way has been discovered, it would be futile to attempt a re- storation of the condition of affairs before the help was granted. All that can wisely be done is to accept the situation as it is, and act for the future on right principles. The writer believes that he does not under- GENERAL OBSERVATIONS. 129 rate the difficulties which must needs be met in changing the policy of the State as to the ex- emption of religious and educational property from taxes. They have seemed to him so for- midable that he had thought of attempting to suggest certain steps preparatory to the final change. But the following remarks of the Honorable Josiah P. Quincy are, on the whole, satisfactory to his judgment, as pointing out a reasonable method of reaching in due time the desired result. ''While many good men feel strongly, and even bitterly, the impolicy of these (our exemp- tion laws), all wise men must unite in opposing their immediate and unconditional abolition. Any one but a fanatic must see that it would be inexpedient — and inexpedient because it would be unjust — to assess the Institute of Technology or the noble Catholic Cathedral upon Washing- ton Street, on their property valuation in the coming May. The penalties of injudicious leg- 9 130 RELIGION AND THE STATE. islation cannot be remitted by drawing the pen through a bad law. If taxes are ever to be assessed upon existing corporations now ex- empted, they must come very gradually, after due warning, and as part of a statesmanlike scheme of economic reform. I offer three sug- gestions, which embody all the legislation which seems to me desirable at the present time : First. That, so far as regards all corporations hereafter to be created, this objectionable form of State aid shall be abolished. If assistance is to be given them, it shall take the form of direct appropriation. Second. That no existing corporation shall be permitted, upon sale of exempted property, to appropriate its increased value for secular or non-charitable purposes; except such corpora- tions as shall elect to purchase this right by paying, principal and interest, all taxes which have been remitted to them. Third. That a commission be appointed to GENERAL OBSERVATIONS. 131 consider what may be the just claims of tax- exempted corporations upon the State; and also how that mode of State assistance may be finally abolished with the least possible injury to the religious and educational inter- ests of the Commonwealth; and to the just property interests of any special class of her citizens; and that this commission shall report to some future legislature. ("Tax-exemption no Excuse for Spoliation." p. 1.) Treating the matter in this way, the work of disconnecting the Church from the State in our land would be far less difficult than the "dis- establishment" of the Irish Church; yet the latter is going steadily forward, and is ex- pected, by all the friends of religious equality, to prove a "grand success." \Yhen a given course is seen to be right, and Christian men resolve to follow it unflinch- ingly, difficulties vanish. St. George Mivart, in his recent treatise on the "Genesis of Spc- 132 RELIGION AND THE STATE. cies," maintains that *' natural selection," as explained by Charles Darwin, "could not alone have given rise to the maxim, Fiat justitia, mat ccelum;^' and he might have added, that no men have proved themselves more willing to act on that maxim than enlightened Chris- tians. Many a time have they been forced to cry out, in view of perils or sacrifices, — "Let right be done, though the heavens fall;" but lo, the heavens did not fall! It is also believed by many, that whatever in the abstract may be the right or wrong of the case, in the concrete, in the present condi- tions of religious life and power, it is expedient and therefore right to cooperate as heretofore with the State. And a principle reason for so doing is the assumption that two or more great denominations in our land will not consent to relinquish the State patronage which they have largely secured in certain places, and which they hope to secure in others, w^hile "the pow- GENERAL OBSERVATIONS. 133 ers that be" will not find it for their interest to withdraw their patronage from their friends. Then, further, it is silently assumed that State patronage is a real benefit to the relig- ious bodies that enjoy it, and therefore, in fairness, should be accorded to all, or to none. But this argument is specious rather than convincing. Not one of the assumptions on which it rests can be accepted as sure by a wise student of history. For such a student is prepared for surprises. He knows that the unseen forces which mould the minds of men often change the belief and policy of those who mean to be inflexible; and he would not dare to say that even the Papal hierarchy may not abjure the aid of the civil power, in deference to public opinion; much less would he dare to affirm that the rulers of the land may not find it prudent to side with the Protestant majority in favor of ''protection" against a Papal minor- 134 RELIGION AND THE STATE. ity in favor of ** cooperation;" above all, he would not dare to assert that State patronage is in reality a blessing to the Church which re- ceives it, that "provision of the King's meat and of the wine which he drank," is better for the children of God than **pulse to eat and' water to drink." A historical survey of Christendom from the ascension of Jesus to the present time, ought to convince any one that the power of religion is not due to the civil purse or sword. It has a higher and a purer source. It reveals its grandeur when the world frowns. It has made the lowly and persecuted illustrious, by working in their hearts, transforming their characters, uplifting them in the scale of moral worth, and making them kings and priests unto God in the realm of spiritual truth. It has filled the valleys and the mountains with Christian heroes, preserving the gospel free from age to age. It is simply a mistake to suppose that GENERAL OBSERVATIONS. 135 revivals, conversions, reformations, have come in the line of governmental favor and support. It is simply an error of judgment to think that Christians would have done more for the spread of the gospel in foreign parts and the conversion of the world, if they had been helped by larger grants from the State at home. That they have been overburdened, is not true. That they have been called to give more than they were able, is not true. Is there the slightest reason to believe that any amount of State patronage, during the last hundred years, would have made the num- bers of actual Christians in our churches greater than it now is ? Is there the faintest rea- son for supposing that Baptist churches would have fewer worthy members or less religious in- fluence hereafter, if they alone should decline all aid from the State ? Such a result would contradict all we know of the kingdom of Christ and of the nature of man. 136 RELIGION AND THE STATE. Again, it is alleged that Christians should cooperate with the State for its benefit. And this is certainly true, if a suitable meaning is given to the word "cooperate." No one can be more willing than the writer to admit the duty of Christians to seek the welfare of the State. They should obey its laws, honor its rul- ers, and use their influence in every proper way to make it just and beneficent. They should aim to fill the minds of the people with Christian principles, and to win them to the service of the Master. They should also be ready, if need be, to take any official posi- tion, high or low, in peace or in war, which they are qualified to hold, making it a point, however, to maintain always and everywhere their religious faith and life, while employing the power of the State with scrupulous fidelity for the attainment of its appropriate ends. But they should never, either directly or in- GENERAL OBSERVATIONS. 137 directly, impose on the State a part of the burden which belongs to them as Christians. They should never tax the people nor de- plete the treasury for the support of sectarian institutions, or, indeed, of religion in any form. For the State is charged with secular duties, and the Lord has no need of its purse and sword for the establishment or extension of his spir- itual reign over the hearts of men. All that Christians can do for the benefit of the State, they are bound to do and will do freely, ask- ing no return but protection in the exercise of their natural rights. If they ask for more, it will be under a mistaken view of the relation of civil government to religion. Again it is asserted that Baptist usage and precedent endorse positive action by the State in favor of religion. By accepting church-lots and release from taxes of church property, and grants in aid of denominational work in schools. Bap- 138 RELIGION AND THE STATE. tists as well as others have really given in their adhesion to the view that the State as such may enter the domain of religion, and constrain men to support a faith which they do not approve. And surely, it is sometimes added. Baptists have gone far enough in defence of religious liberty; they have proved themselves radicals in assertins: the riijhts of the individual con- science; and it may he taken for granted that no further progress in that direction is either safe or right. But no such thing can be taken for granted. The fact is, that Baptist usage has been inconsistent in this matter. It has allowed in one form what it has con- demned in another. It has protested, even to imprisonment, against direct taxation for the support of religion, but has winked at indirect taxation for the same purpose. It is charitable to believe that this inconsistency has not com- monly been perceived ; but it is now manifest to all, and the only proper course is to bring GENERAL OBSERVATIONS. 139 our practice as soon as possible into agreement with our theory. For the latter is Scriptural, and the former is not; the latter accords with the genius and spirit of our churches, and the former does not; the latter is in harmony with all the better ten- dencies of Protestant Christianity, and the for- mer is not. By clinging to precedent in dis- regard of principle, the Baptists of America would ally themselves with the Papacy, and close the door of hope for the future. Of all men they should be the last to take the prac- tice of their own churches, instead of the Apos- tolic, as a guide to duty. In this respect above all others they should be careful to shun even the form of evil; for a sacred regard to ajDos- tolic teaching and precedent is the source of their power. When there is danger of turning to other masters, their watchword should be, ohsta principiis, let the first indications of reli- ance on human authority be resisted. 140 RELIGION AND THE STATE. Since entering upon this discussion, the writer has been reminded more than once of the words of Jehovah to Israel: *