“Ay, here is the clause—just please to hear it, sir,” continued
Jack.—“‘Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the government for a redress of
grievances.’ There, I think that will go far towards justifying the
whole toast, Mike.”
This was said a little triumphantly, and not a little confidently. The
only answer Mr. Dunscomb condescended to make, was an expressive “Umph!”
As for Michael Millington, he was a little timid about expressing an
opinion, and that for two reasons; he had often experienced Mr.
Dunscomb’s superior wisdom, and he knew that Sarah heard all that
passed.
“I wish your uncle would lay aside that code for a minute, Jack, and let
us know what he thinks of our authorities,” said Michael, in an under
tone.
“Come, Uncle Tom,” cried the more hardy nephew—“come out of your
reserve, and face the constitution of your country. Even Sarah can see
that, for once, _we_ are right, and that my toast is of proof.”
“It is a very good proof-_sheet_, Jack, not only of your own mind, but
of half the minds in the country. Ranker nonsense cannot be uttered,
however, than to say that the Constitution of the United States is the
palladium of anything in which civil or religious liberty is concerned.”
“You do not dispute the fidelity of my quotation, sir?”
“By no means. The clause you read is a very useless exhibition of
certain facts that existed just as distinctly before it was framed, as
they do to-day. Congress had no power to make an established religion,
or abridge the freedom of speech, or that of the press, or the right of
the people to petition, before that amendment was introduced, and
consequently the clause itself is supererogatory. You take nothing by
your motion, Jack.”
“I do not understand you, sir. To me, it seems that I have the best of
it.”
“Congress has no power but what has been conceded to it directly, or by
necessary connection. Now, there happens to be nothing said about
granting any such authority to Congress, and consequently the
prohibition is not necessary. But, admitting that Congress did really
possess the power to establish a religion previously to the adoption of
this amendment, the constitution would not prove a palladium to
religious liberty, unless it prohibited everybody else from meddling
with the opinions of the citizen. Any state of this Union that pleases,
may establish a religion, and compel its citizens to support it.”
“Why, sir, our own state constitution has a provision similar to this,
to prevent it.”
Public-domain text, read in full here on John Shaqi.
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