History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Mr. Hepner opposed the resolution because he thought that it was
inconsistent with the principle of religious freedom as set forth
in the Bill of Rights.
Mr. Shelleday wished to represent the moral and religious feelings of
his constituents by supporting the resolution.
Mr. Quinton thought that his constituents were as moral as those of Mr.
Shelleday. But he "did not believe praying would change the purposes of
Deity, nor the views of members of the Convention." "In the name of
Heaven," he exclaimed, "don't force men to hear prayers."
By a vote of forty-four to twenty-six the resolution was indefinitely
postponed.
The liberal religious spirit of the pioneers is further evidenced by the
principle of toleration which was incorporated into section four of the
Bill of Rights. As introduced by the Committee the section
provided that "no religious test shall be required as qualification for
any office or public trust, and no person shall be deprived of any of
his rights, privileges, capacities, or disqualified for the performance
of any of his duties, public or private, in consequence of his opinion
on the subject of religion." Mr. Grant thought that the report "was
meant to cover _everything_." But, to make sure that it did not exclude
Atheists from giving testimony in the courts, Mr. Galbraith moved to
insert the words "or be rendered incompetent to give testimony in any
court of law or equity."
Mr. Lowe, of Muscatine, favored leaving the law on this subject as it
was; that is, he thought that "Atheists should not be admitted to give
testimony" because "there was nothing that such a person could
swear by. An oath called upon Deity to witness the truth of what was
said, and to withdraw his favor from the person if it was untrue.
Atheists consequently could not take an oath." It would be "unsafe" to
permit them to testify.
Mr. Hempstead wanted to "do away with this inquiring into a man's
religious opinions. He desired to keep it out of the Constitution. It
was the fear of the penalties of perjury that restrained men from
stating what was not true--not future punishment."
Mr. Kirkpatrick thought that to refuse to allow Atheists to testify
would be an "infringement of the natural rights of man."
Mr. Grant said that "he hoped this Convention would take high grounds
upon this subject and silence . . . . these inquiries into men's
belief, and exclusions for opinion's sake."
When the test vote was taken it was found that only ten members of the
Convention were willing to deny to Atheists the right to give testimony
in the courts.
Public-domain text, read in full here on John Shaqi.
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