The Catholic World, Vol. 05, April 1867 to September 1867Various
Religion
The Catholic World, Vol. 05, April 1867 to September 1867
Various
Catholic Church -- Periodicals
Yet the American solution of the mutual relations of church and state is a
living proof, a practical demonstration that they are wrong. Here the state
does not tolerate the church, nor the church either enslave or tolerate the
state, because the state recognizes the freedom or conscience, and its
independence of all secular control. My church is my conscience, and my
conscience being free here, my church is free, and for me and all
Catholics, in the free exercise of her full spiritual authority. Here it is
not the state that bounds conscience, but conscience that bounds the state.
The state here is bound by its own constitution to respect and protect the
rights of the citizen. Among these rights, the most precious is the right
of conscience--the right to the free exercise of my religion. This right
does not decide what the civil law shall be, but it does decide what it
shall not be. Any law abridging my right of conscience--that is, the
freedom of my church--is unconstitutional, and, so far, null and void.
This, which is my right, is equally the right of every other citizen,
whether his conscience--that is, his church--agrees with mine or not. The
Catholic and the Protestant stand on the same footing before the law, and
the conscience of each is free before the state, and a limit beyond which
the civil law cannot extend its jurisdiction. Here, then, is a separation
of church and state that does not enslave the church, and a union of church
and state that does not enslave the state, or interfere with its free and
independent action in its own proper sphere. The church maintains her
independence and her superiority as representing the spiritual order, for
she governs those who are within, not those who are without, and the state
acts in harmony, not in conflict with her, because it confines its action--
where it has power--to things temporal.
The only restriction, on any side, is, that the citizen must so assert his
own right of conscience as not to abridge the equal right of conscience in
his fellow-citizen who differs from him. Of course the freedom of
conscience cannot be made a pretext for disturbing the public peace, or
outraging public decency, nor can it be suffered to be worn as a cloak to
cover dissoluteness of manners or the transgression of the universal moral
law; when it is so made or worn it ceases to be the _right_ of
conscience, ceases to be conscience at all, and the state has authority to
intervene and protect the public peace and public decency.
{8}
It may, therefore, suppress the Mormon concubinage, and require the Latter
Day Saints to conform to the marriage law as recognized by the whole
civilized world, alike in the interests of religion and of civilization.
But beyond this the state cannot go, at least with us.
Public-domain text, read in full here on John Shaqi.
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