Lfl 216 D91 Copy 1 ^ss^:<2 ^5^ "IlIBRARY OF CONGRESL {$. c c -I c c: #1 |, UNITED STATES OF AMERICA, f ir ex: o ^ ex::: , c T. (TCI r ^^ c:<:< no right to tcacli rclUjmi. 2il. That the State has no right to teach irreWjion. 'kl. That the State has no inherent right to tearh at all. Now, I do not deny that the questions raised are the most serious- Lijjs that were ever proposed to the law-making power of any State, and th-jrefore I shall, in all subsequent stages of tliis argument — for I expect it 10 last for some time — freely admit that tliere is a tremendous conflict 01 opinion among men in general on these propositions ; and I shall patiently listen to every argument produced against them, and so far as it naturally becomes incumbent on me, shall do my best to honestly !!ii=wer all such arguments ; but I cannot admit that there is any difli- eulty about the true decision on one question. I think the truth of the pr.>positions will be evident to every person candidly examining the subject, and who may be admitted to have a reasonably correct idea of w-hat a State is, and what " education " means. Also, I must, in justice to my side of the argument, remind you, as you very well know, that I could not reasonably be expected to be prepared at this moment for a full consideration of so important a question. You know that I have very recently come among you ; that I am now engaged in holding a session of the Supreme Court ; that this discussion has been suddenly precipitated by local action, and that what I say now is almost " off- hand," but it will do for a beginning. I will open the argument for you. You liave among you the keenest and sharpest intellects in the land, and some of them will very probably find some points I have not fully cov- ere.l, and I may have to acknowledge a hit, now and then, which will require explanation ; Ijut, if I cannot, in the close, make a good case, I shall find no fault if you show good reason for 'deciding against me. Also, I must necessarily, in the brief time which I can have for setting forth our position, often confiue myself to stating what I conceive to be the truth in the matter, without fully arguing it. That will come more in detail hereafter. THE STATE MUST NOT DIRECTLY INTERFERE WITH RELIGIOUS TEACHIN G. Now for the first proposition, that the State has no right to teach religion. " Oh, we admit that," you will say ; " we will admit that as fully as you wish. No need of any discussion about that." Very well ; I would be glad to know that you admitted it, and were willing to admit it, with all its necestiary consequences. Some people say they fully admit a proposition ; but when you make an application of the admission which necessarily follows, and which they do not like, they i'go back on you," as you say here, and claim that they admitted it, with that quali- fication. They will not argue as to whether it necessarily follows, but will stolidly maintain that the exception is a part of the general propo- sition. They will then neither admit nor deny generally, nor state any proposition to ' which they will unqualifiedly adhere. They " stand mute.'' In England, they used to have the ^' 'poine forte et dure'' for such cases ; and, if there ever was a case where, playfully speaking, its appli- cation could be justified, it is where a person pretends to argue, and insists upon arguing, and yet will not take any decided ground upon the point in issue, as I fear I may have to charge this majority with doing, ip some things, before I get through. Well, you admit, then, that the State has no right to teach religion. THE STATE MUST NOT INDIRECTLY DO THAT WHICH IT IS FORBIDDEN TO DO DIKECTLT. ' Herein comes our second proposition, that the State has no right to teach irreligion — that is, to teach in such a manner as to seriously inter- fere with the religious education of the child. Now we come to what some people claim to be debatable ground. When the public school system of this country was first brought for- ward, it was established on the theory that the State had a right to insist that the children of the country should receive instruction in virtue, morality and knowledge, in order that they might become good citizens. You will please notice that virtue and morality were put first, and knowl- edge — that is, mere intellectual culture — was put last, as it should have been. (See the early State Constitutions on the matter.) Under this theory public schools were established, and what were claimed by the State to be principles of virtue, morality and general knowledge were taught. After a while a great many people became dissatisfied with the system, so far as it professed to teach principles of virtue, and morality — the most important things. ' Prayers were oft'ered 10 up in the 'schools, and versions of the Bible wei'C read and connnented upon, by teachers, who had their own views on the subject. Objections were made to these comments. To satisfy these objections, a modifica- tion of the system was admitted, that hereafter the Bible should be read " without note or comment." It ran on for awhile in this way ; but then the objection was made that the versions of the Bible read were not true versions, and that, therefore, the Bible, truly speaking, was not read, and that false notions in religion were thus taught. Then another modifica- tion of the system was permitted, which forbade the reading of any ver- sion of the Bible whatever. The majority thought that now they had got the school law in such shape that all would be satisfied ; but it was found that there still remained a large class which claimed that, even without any direct teaching of religion, the system as managed had the eftect to teach irreligion ; and they asked to be allowed to withdraw their children from the so-called public schools, and educate them in virtue and morality themselves, in separate schools, and receive their proper share of the public money. DRAWING THE LIIJE. Charles Lamb, dear, delightful Elia, says all people draw the line somewhere, and that he believed in drawing it at roast pig ; that roast pig was one of the most delicious things in existence, and that any man who differed with him as to the primary and paramount excellence of roast pig was not to be trusted. Now, right here on this point — the de- mand for separate schools, where the principles of virtue and morality might be taught in accordance with the wishes of the parents — the pre- sent accidental majority concluded to draw the line, and stand upon it ; and there's the fight, there's the issue, there's the proposition we have to discuss. The present majority declare they will stand or fall by the sys- tem on this point ; but while they have the right to say they will stand or fall in their support of the system on this point, they have no right nor power to say that the system itself shall thug stand or fall. We have a say in the matter ourselves, and, if our views prevail, the present majority becomes simply a minority, and then " they will know how it is them- selves." They will then find that all their talk about ovf people being ©pposed to the education of the masses, and their people being in favor of it, is mere talk. Then, for the first time in their lives, they will be compelled to study history ; they will be compelled to prove their case, not assert it as they have been doing. They may think they have read history, pro- perly speaking, liut they have never done it. They read Macaulay and Motley and Froude, and such writers, confessed jjartizans, and think they understand the case. They have simply read the brief on their side But suppose I should hear the argument on one side only in my Court, and decide accordingly, how would you, as a whole, like it, and how near do you think I would get to a true understanding of the point in issue ? No ; I have to hear both sides. How many of the majority have 11 done it on this question r and how do they dare decide without exam- ining botli sides ? They would impeach me if I undertook to do it where even a paltry hundred dollars was involved ; and in turn, I suppose, I may have the liberty of impeaching them, and charging that they will be false to their duty, as citizens of this Eepublic, if they dare decide on such a momentous issue as this now pending without patiently and rea- sonably hearing, and dispassionately considering, the arguments on both sides. And if, after such hearing, they fail to d© their best to carry out the policy of the law, as indicated by the adoption of the different amendments referred to — namely, that, wherever a grievance is shown to exist, they should endeavor to so amend the law as to abate such griev- ance. It will be a poor argument to say that the law cannot be improved upon. Did all wisdom die with the framers of the law as it stands? Is there no room for fartlier progress r PARAMOpNT IMPORTANCE OP RELIGIOUS INSTRUCTION. Now, let us look at the line of the argument. Those for whom I have, perhaps, rashly, undertaken to speak, claim, first, that education means something more than teaching children how to read and write and cipher ; that education is a harmonious development of all the faculties — moral, mental and physical ; and that of all training in education, the moral — that is, religious — training is the most important. I know that many dispute this proposition ; but the Book of books, whose teachings all among us who recognize any authority at all in re- ligious matters reverently accept, proclaims this truth in a tliousand ways. It is the Alpha and Omega of the book, and is summed up in the phrase, " What shall it jjrofit a man to gain the whole w^orld and lose his soul ?" If we turn from the pages of inspired wisdom to those writers who are guided by reason alone, we find that the greatest men of all ages and all civilizations have given their unqualified assent to this proposition. "Where the placid waters of the grand Pacific lave the shore of bright Cathay, ages and ages ago the words of old Confucius rang out clear and strong, that without morality there could be ho society. From thence we can make the circuit of the globe, touching all civilization as we pass, until we plant our feet again upon our beloved Pacific slope ; and wher- ever we look we shall find this doctrine taught by the master minds of every age and every clime. Away back in the country of the Brahmins, in the Ordinances of Menu — claimed to be older than the books of Moses — we find the para- mount importance of religious instruction fully recognized. In its twelve books, and more than twenty-five hundred sections, it establislies the law in all things — divine and human, jjublic and private, civil and criminal, social and political — but it treats first of all of the Supreme God, next the duty of knowing His law, next the penalty for despisinc it." " Whatever man * * shall treat with contempt these two roots 12 of the law (Sruti, revelation, and Smriti, tradition,) he must be driven as an atheist and a scorner of revelation from the company of the virtuous." (Ch. 2, Sec. 11, p. 1-1, Jones' Inst. Hindu Law.) Coming a little further West, we find that Zoroaster, the prophet and law-giver of tile ancient Persians, in the ^lr^.>«/^a, their book of books, lilaces the same doctrine first in importance. In the wilds of Arabia we find tlie code of Mahomet, the Koran, given to the world. Every one of its ninety-four chapters begins with the words, "In the name of tlie most merciful God," and from beginning to end it accords with the doc- trines before enounced— so much so, indeed, that we find a great poet declaring, in the mellifluous language of the people among whom we are here dwelling : " No hay mas quo un eolo Dios— dice el Cristiano ; No hay otro Dies que Dios— el Afiioano." The Hebrew Talmud, in its six principal books, gives precedence to religious instruction, as you will find if you consult' either the Palestrin- ian or the Babylonian compendium. The grandest of the old Pagans, the broad-browed Plato, whose genius carried him beyond all the knowledge of his people, gave noble testimony in favor of the jjaramount importance of religion, which the wisdom of over twenty centuries has not been able to successfully contra- dict. He says : " Ignorance of the true God is the greatest pest of all republics ; therefore,* whoever destroys religion destroys the foundation of all human society." {Lih. X. de Leg.) Cicero, of whom comment is unnecessary, was forced to the same conclusion. He, too, says on this: "Plato, thou reasonest well." He declares " it is necessary that the citizens should be first persuaded of the existence of gods, the directors and rulers of all things, in whose hands are all events ; who are ever conferring on mankind immense benefits ; who search the heart of man ; who see his actions : the spirit of piety which he carries into the practice of religion ; and who distinguish the life of the pious man from that of the ungodly man." [De nat. y Draft, Post>Office Order, or iu Reg'istered Letter. ■3" All Communications .should be addressed— NEW YORK FREEMAN'S JOURNAL, JAMES A. McMASTER, Editor and Proprietor. NEIV YORK. FR. PUSTET, (KNIGHT OF THE ORDER OF ST. GREGORY, AND PRINTER OF THE HOLY APOSTOLIC SEE.) Pitiler ait Biilseller, Regensburg, (Bavaria.) 52 BARCLAY STREET. ciisr oiisr 3sr.A.Ti, 204 VINE STREET.. IiyiPORTER OF VESTMENTS, STATUES, &e. AND SOLE AGENT FOR MAYR'S ARTISTIC INSTITUTE, MUNICH. Represented in IVew York by A. DIEPENBROCK, E. STEINBACK. WM. H. O'DWYER, Attorney and Counsellor at Law, No. 93 NASSAU STREET, (Bennett Building,) NEW YORK CITY. ANNOUNCEMENT! The Scliool Question. THOMAS D. EGAN, THE FXIBLISHER, OF THIS IL.KCTUJRE, OUR PUBLIC SCHOOLS; ABE THEY FREE FOR ALL. OR ARE THEY NOT? by Hon. Edmund F. Dunne, Chief Justice of the Supreme Court of Arizona, announces that he is prepared to receive orders for anything published, or that may hereafter be pub- lished on this important question. m RiEM Rey. B. J. McOUAlD, Bistiop of Rocliesler, says of this question : " The discussion is only at its beginning." Publishers, Newsdealers, Religious Societies or Clergy- men ordering in large numbers will be allowed a liberal discount. Suggestions, facts or anything bearing on this subject will be thankfully received, if forwarded to THOMAS D. EGAN, New York Catholic Agency, 37 BARCLAY STREET, New York. PKICE TEN CE!VTS. OUR PUBLIC SCHOOLS : ARE THEY FREE FOR ALL, OR ARE THEY NOT? A LECTURE DELIVERED BY HON. EDMUND F. DUNNE, Chief Justice of the Supbeme Court of Arizona, in the ha.ll of the house of representatives of the territorial LEGISLATURE AT TUCSON, ARIZONA, FEBRUARY 2d, 1875. SKCOND EDITION, NEW YORK : Published by THOS, D. EG AN, 37 Barclay Street. 1875. New York Catholic Agency. THOMAS D. EGAN Has the honor of announcing to his friends and the public in general, that he has established an agency for the convenience of Clergymen, Heads of Colleges, Academies, Schools, and private individuals who may desire anything in their respective lines, that is manufactured in this country or Europe, All orders addressed to him at 37 Barclay Street^ New York, will be promptly attended to. Among other things, the Agency is prepared to supply Family Bibles, Prayer Books, all the latest Publications and Pamphlets* Chukch Ornaments and Religious Objects, such as Ckucipixes, Beads, Pictures, Wax Candles, and Pure Olive Oil for the Sanc- tuary, and Society Goods, such as Regalias, Scarfs, Badges, Banners, Trimmings, &c., and all other articles that may be desired, at the shortest notice and on the most accommodating terms. Subscriptions will be taken for the New Yo7'h Freeman's Journal, the New Torh Tablet, the Catholic Review, the Qatholic World, an excellent Catholic monthly magazine, and all other publications of the kind issued in this country or Europe. Advertisements will be inserted in any of the above mentioned, or other publications at the lowest rates. Book, Card and Job Printing and Book Binding of every description will be executed at trade prices, and forwarded to destination without delay and icithout extra charge. All remittances should be made by Post- Office Money Order or Registered Letter, addressed to Thomas D. Egan, 37 Barclay Street, New York. " The American Catholic Quarterly Review, " ( a new Publication, the first number of which will appear on January 1st, 1876,) edited by Very Rev. James A. Corcoran, D.D., Very Rev. James O'Connor, D.D., and Dr. O. A. Brownson, and including among its Corps of Contributors, such learned theologians as the Rt. Rev. P. N. Lynch, D.D., Bishop of Charleston ; Rt. Rev. Thomas A. Becker, D.D., Bishop of Wilmington, Del., and others. Can also be obtained on application to this agency. Price, |5.00 per annum. The N. Y. Catholic Agency makes a special feature of publishing the grand lecture entitled '^Our Public Schools; are they free for all, or are they not/" by the Hon. Edmund F. Dunne, Chief Justice of Arizona, and all other publications that may hereafter appear on this subject. THOS. D. EGAN, 37 BAliCLAT STREET. *'What Paper Shall We Take This Year?" This question has doubtless been put to you recently. It is one of no trifling impor- tance to yourself, your fiimily, and to your country. Happily or unhappily, the newspaper has become a part of our daily life. Our own conduct, the religious tone of our family, our devotion to our Church and country, will be sensibly .affected by what we read week after week. You will of course take a paper which defends the Catholic side in the terrible contro- V."--- that is now waging against the Church. These are not the times when any one who has a love for the old faith should be igno- rant of what is done against the Catholic Church ; of what her zealous children j'n all parts of tl ■ world .ire doing to advance her cause; of what they have to say in her defense agai) t M,asons, Know-Nothiiigs, Kaisers and Red Republicans ; and of what we ought to do foi lier. The secular papers will not tell you this. You must, therefore, if you want to be pos od, take some of the Catholic papers. It may be that you are taking one already, and that you can afford to take another ; or that that which you have hitherto patronized has disappointed you : or that you have not yet subscribed for any. In that case we ask you to examine leisurely what the conductors of the Catholic Review have to say for themselves, or, to be more accurate, what the Catholic press, prelates and people have said in praise of the Catholic Review. If you are sat- isfied that they are working in the right direction give them a trial of one year or of four months. If any paper deserves a fair trial it surely is a paper of which the Cabpinal Arch- bishop OF New York is an " attentive reader," and -H'hich " it gives him pleasure to say is an excellent auxiliary to the good cause." Which the Cardinal Abchbishop or Dublin believes is " well calculated to render great services to the Catholic Church." Which the Bishop of Providence thinks " indispensableto a Catholic for its clever defense of our grand old reliuibn." Which the Bishop of Mobile affirms " fills a want long felt." Which the Bishop of Buooklyn is persuaded " will continue to enjoy the confidence of its pa- trons, and will instruct and edify them." Which the Bishop of Charleston, the Bishops of Hartford, Wheeling, Portland, Arizona, and numerous other sees in Europe. Asia and America, in different words and at different times, but with special warmth and uniform agreement, have declared worthy of Catholic support. Sueh a paper is llie Catholic Review. It, and it only, has received such praise. No other Catholic paper in the; English speak- ing world can point to such a record ! ' Will you sustain it by your subscriptions .' K^ Every subscriber helps it forward to the day when it will start a Catholic daily. THE CATHOLIC REVIEW. A Weekly Newspaper suitable for Sunday Reading in Catholic Families, Commended to the Faithful by Many Bishops, Archbishops and Cardinals. VOL. IX & X. BEGIN' JANUARY AND JULY, 1876. .SIX CENTS. 1. Topics of the Hour. j 12. The Lives of Catholic Workers, Whose 2. American Catholic News. E.tample will Suggest Iiaitation. 3. Foreign Sketches and Letters. \ 13. Portraits ami Biographies of Eminent 4. Rome and the Holy Father. | Living Catholics. 5. Ireland and Her Works. | 14. Pictures of Catholic Works— such as tlid 6. Fighting the Fight of Faith in England. Great Cathedrals of Europe. 7. Literature and Stories. | 15. Art Supplements, being the Free Gift of 8. Editorials on Questions of the Day. I Beautiful CathoHc Pictures suitable for 19. Notesfor the Family, etc., etc. | Framing. The price of one of these Pic- 10. Sermons by Father Burke, Archbishop I tures, if purchased in an art store, i^ Manning, and other Great Preachers. | worth a whole year's subscription. 11. 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MURPIi SUCCESSOR TO HIND & MURPHY, Wholesale Hru ists, NO. 81 BAECLAY STREET, NEW YOR) i Ip^- If IOUB DkTJGOIST does not keep it, it will be FOBWAJBDED C yvECEIPT or One Dollar. i St. Malachi's Chcri \ ArUngton, Mags., April 15th, J875. \ Mfsgrs. Hind & Murphy : BeBides the benefit I have derived, under God's blessing, from the use of Freligh's Remedy, I have wiuiessed remarkable effects of ita curiiig qualities, in those who have carefully and regularly used it, both n my household, and amongst poor people of my mission to whom I have given it. A suffer-T troi Rheumatism for the last twenty-fiv years, this i' the first time I have given my te timony in behalf of any remedy, and— unsolicited. »v Respectfully, Joseph M. Fino tv n La Salle College, PhUadelphia, N'v. 15, 18; les Mes-im. Hind & Murphy . In response to your favor just received, permit me j.pg that several of our Brothers, suffering from 'Searalqm have been g ea ly reiie ^ the use of Frdigh's Remedy, and thf-y speak highly in its favor. Yours respectfully BBorHEB No Abebdees, Miss., March 14, 187,, 3i..s.s/-.s. Hind & Murphy : Enclosed you will hnd five dollars, for value of win a please send Freligh's Remedy. I suffered very much from Neuralgia whi.e in Ne .v York recently, and found myself much benefitted by it I would like (o lotrodiice it into rav practice RespectfuUy W. A. Evans, M.D. AU8TIV, Texas, Sept. 6, 1873 Messrs Hind . 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