Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
As to the observations made by the honorable gentleman from Georgia,
respecting the amendments made to the constitution of Great Britain,
they did not apply; the cases were nothing like similar, and,
consequently, could not be drawn into precedent. The constitution of
Britain is neither the _magna charta_ of John, nor the _habeas corpus_
act, nor all the charters put together; it is what the Parliament wills.
It is true, there are rights granted to the subject that cannot be
resumed; but the constitution, or form of government, may be altered by
the authority of Parliament, whose power is absolute without control.
Mr. SHERMAN.--The gentlemen who oppose the motion say we contend for
matter of form; they think it nothing more. Now we say we contend for
substance, and therefore cannot agree to amendments in this way. If they
are so desirous of having the business completed, they had better
sacrifice what they consider but a matter of indifference to gentlemen,
to go more unanimously along with them in altering the constitution.
The question on Mr. SHERMAN'S motion was now put and lost.[29]
FRIDAY, August 14.
ABIEL FOSTER, from New Hampshire, appeared and took his seat.
SATURDAY, August 15.
_Amendments to the Constitution._
FREEDOM OF CONSCIENCE.
Article 1. Section 9. Between paragraphs two and three insert, "no
religion shall be established by law, nor shall the equal rights of
conscience be infringed."
Mr. SYLVESTER had some doubts of the propriety of the mode of expression
used in this paragraph. He apprehended that it was liable to a
construction different from what had been made by the committee. He
feared it might be thought to have a tendency to abolish religion
altogether.
Mr. VINING suggested the propriety of transposing the two members of the
sentence.
Mr. GERRY said, it would read better if it was, that no religious
doctrine shall be established by law.
Mr. SHERMAN thought the amendment altogether unnecessary, inasmuch as
Congress had no authority whatever delegated to them by the constitution
to make religious establishments; he would, therefore, move to have it
struck out.
Mr. CARROLL.--As the rights of conscience are, in their nature, of
peculiar delicacy, and will little bear the gentlest touch of
governmental hand; and as many sects have concurred in opinion, that
they are not well secured under the present constitution, he said he was
much in favor of adopting the words. He thought it would tend more
towards conciliating the minds of the people to the Government than
almost any other amendment he had heard proposed. He would not contend
with gentlemen about the phraseology, his object was to secure the
substance in such a manner as to satisfy the wishes of the honest part
of the community.
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