The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
In this class of cases, the rule of action which governs the civil
courts of the United States, as enunciated by the highest legal
tribunal, the Supreme Court, is founded upon a broad and sound view of
the relations of church and state, and is, that wherever questions of
faith or of discipline, or ecclesiastical rule, custom, or law, have
been decided by the highest of these church judicatories to which the
matter has been carried, the legal tribunals must accept such decisions
as final, and as binding on them in their application to the case
before them.[3]
In delivering the opinion of the court in that case, the learned Mr.
Justice Miller said:
"In this country the full and free right to entertain any religious
belief, to practise any religious principle, and to teach any
religious doctrine which does not violate the laws of morality
and property, and which does not infringe personal rights, is
conceded to all. The law is not committed to the support of any
dogma, the establishment of any sect. The right to organize
voluntary religious associations, to assist in the expression and
dissemination of any religious doctrine, and to create tribunals
for the decision of controverted questions of faith within the
association, and for the ecclesiastical government of all the
individual members, congregations, and officers within the general
association, is unquestioned. All who unite themselves to such
a body do so with an implied consent to this government, and
are bound to submit to it. But it would be a vain consent, and
would lead to the total subversion of such religious bodies, if
any one aggrieved by one of their decisions could appeal to the
secular courts and have them reversed. It is of the essence of
these religious unions, and of their right to establish tribunals
for the decision of questions arising among themselves, that
those decisions should be binding in all cases of ecclesiastical
cognizance, subject to only such appeals as the organism itself
provides for.
"Nor do we see that justice would be likely to be promoted by
submitting those decisions to review in the ordinary judicial
tribunals.
"The Catholic Church has constitutional and ecclesiastical laws
of its own that task the ablest minds to become familiar with.
It cannot be expected that judges of the civil courts can be as
competent in the ecclesiastical law as the ablest men in the
church. It would therefore be an appeal from the more learned
tribunal in the law, which should decide the case, to one which is
less so.
"These views are supported by the preponderant weight of authority
in this country."
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