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BAPTIST PRINCIPLES RESET
APPENDIX
Sunday
Observance and Religions Liberty.
BY
B. H. PITT, D. D., EDITOR OF THE RELIGIOUS HERALD, RICHMOND VA.
[The following paper, omitting
certain local and occasional matter. which has been for obvious reasons edited
but, was prepared by me, at the request of Drs. J. B. Hawthorne, Thomas S.
Dunaway, and J. B. Hutson, and Rev. M. Ashby Jones, who served with me on a
committee of the Baptist Ministers? conference of Richmond and Vicinity, and
later was adopted unanimously by the Conference. It is printed here out of
deference to the, perhaps, too partial judgment of my brethren, who deem it
worthy of permanent preservation. If it has any merit, it is in the fact that it
discusses briefly, and, I venture to hope, with some discrimination, the
application of the doctrine of religious liberty to a very practical question.
We have much valuable literature telling of the struggle for the establishment
of this doctrine, but scarcely any showing its application to the practical
questions which are continually rising: ?R. H. Pitt.]
We feel constrained to put on
record our cordial and steadfast belief that the State has no right to legislate
concerning Sunday as a holy or religious day, and that, when the civil arm is
invoked for the protection of that day, it must not be on the ground that the
day is a Christian institution, but on the ground that certain physical and
economic laws, which have been disclosed and verified by the experience of
mankind, render cessation from ordinary labor necessary one day in seven, and it
falls in with the convenience of the public, for obvious reasons, to fix the
first day in the week as that period. If the State is to protect the day as a
religious day, as an institution of the Christian religion, then why limit
legislation to the mere matter of cessation from ordinary labor? As a Christian
institution, the duties of worship and of active Christian work are not less
obligatory on that day than the duty of rest. Indeed, it may be safely
maintained that, in passing from the old Sabbath to the new Lord?s-day, the
emphasis was changed. Rest was the main idea of the seventh, worship and
Christian work are the chief features of the first day. It would be singular,
indeed, to appeal for protective legislation for the day as a Christian
institution, and yet neglect in such legislation the chief Christian features of
the day-to enforce the Jewish idea of rest and ignore the Christian ideas of
religious work and worship! And this, too, while the ground on which such
legislation is urged is that the day is a Christian institution, and ours is a
Christian nation.
The emphasis which has been laid
upon this statement, that "we are a Christian nation," and the
insistent assertion that we have therefore the right to enact general Christian
legislation, to discriminate in favor of the Christian religion as against any
other, though not to discriminate in favor of any special sect of Christians,
seems to make it necessary to travel over somewhat familiar ground and to
restate some fundamental principles.
We are a Christian people,
in the sense that the great majority of our people are either actively or
nominally sympathetic with some form of the Christian religion; we are not a Christian
nation, in the sense that we have a right to impose by law distinctively
Christian duties upon others. The ethical principles which Christianity presents
in their most complete form, and which are reflected to a gratifying degree in
our laws, are not true because they are taught by Christ and his inspired
followers. Christ taught them because they were true, and they would have been
true if he had never taught them. They are eternally and unchangeably true. For
this reason, and not because Christ taught them, are they inwrought in our laws.
Of course, this by no means implies that Christianity has not put added emphasis
on many of these principles and made it possible to give them full recognition
in the laws of the State. That the State depends for its safety and stability
upon the prevalence of pure religion among its constituents is certainly true;
that the State cannot properly administer in religion is equally true.
We can easily test for ourselves
the validity of the new and modified doctrine of. the separation of Church and
State, which, we regret to say, has gained currency recently, and against which
we earnestly protest. If ours is "a Christian nation," in the sense
that we may properly invoke State support for Christianity or for its
institutions, then why for one Christian institution and not for another? Why
for Christian Sunday, and not for Christian baptism? If for Sunday, which
commemorates the resurrection, why not for Good Friday, which a large
portion?indeed, a large majority?of the Christian world holds peculiarly
sacred as the anniversary of the crucifixion?
It is somewhat vaguely set out
that, while the State may not discriminate among the various sects of Christians
so as to favor one at the expense of another, it may enact a sort of general
Christian legislation. But the moment the State undertakes to support and
protect distinctively Christian Institutions by law, because they are Christian,
it is surely guilty of unjust discrimination in two directions. First, and most
obvious, is the discrimination against non-Christians. They are compelled at
once to the extent of this protective legislation to support the institutions of
a religion in which they do not believe. This is utterly subversive of personal
liberty and abhorrent to the foundation principles of the Christian religion,
which never proposes to get itself established or propagated by the sword or the
civil arm. But, supposing that the unbelievers are for one reason or another a
negligible quantity, there is inevitable discrimination among believers; for, if
the State undertakes to support a Christian institution as such, it must define
it, it must interpret it. And when it begins its work of definition and
interpretation, it will be confronted with an embarrassment of riches. Whose
definition shall be regarded as orthodox? In the most conservative community,
the prevalent views of the Lord?s-day, of its relation to the Jewish Sabbath
and the fourth commandment, of how far the restrictions surrounding the old
apply to the new day, are as various as the individuals who hold them. Whose
views shall prevail? Shall we settle these matters of religion by a majority
vote? Besides, what would we do with that small, but devoted, body of Christians
who hold that the ancient Sabbath remains, and that it is their sacred
duty to observe it?
Over against all this crudity and
confusion we may put a few sentences from the immortal "Memorial and
Remonstrance" drawn by James Madison, and submitted to the Virginia General
Assembly in 1785. The occasion was the anticipated consideration of the
"General Assessment Bill," which had been introduced at a previous
session. This was not a bill to establish any one sect as against others, but to
establish "provision for the teachers of the Christian religion," of
whatever name?just the sort of legislation which, we are now told, we
have a right as a "Christian nation" to enact. Against this bill the
famous remonstrance was written. Here are some of its sentiments: "The
religion, then, of every man must be left to the conviction and conscience of
every man, and it is the right of every man to exercise it as these may dictate.
This right is, by its nature, an unalienable right." . . ."We
maintain, therefore, that in matters of religion no man?s right is abridged by
the institution of civil society, and that religion is wholly exempt from its
cognizance." . . ."The bill implies either that the civil magistrate
is a competent judge of religious truths or that he may employ religion as an
engine of civil policy. The first is an arrogant pretention, falsified by the
extraordinary opinion of rulers in all ages and throughout the world; the
second, an unhallowed perversion of the means of salvation."
This "Memorial" argues
that such. legislation as was proposed corrupted Christianity, was unnecessary
for the support of the civil government, "departed from the generous policy
which" offered "an asylum to the persecuted and oppressed,"
destroyed the "moderation and harmony" which prevailed then among the
sects, was "adverse to the diffusion of Christianity," and finally
that this invasion of an inalienable right imperiled all other civil liberties,
which had been won at such frightful cost. It need not be added that the General
Assessment Bill never saw the light. It died in committee.
We are at pains to quote thus
freely for two reasons: First, these views of Madison were fully shared by
Thomas Jefferson and George Mason. The former drew the "Act to Establish
Religious Freedom," which, offered by Mr. Madison, was adopted by the
General Assembly of Virginia, December 16, 1785, and which provided "That
no man shall be compelled to frequent or support any religious worship, place,
or ministry whatsoever; nor shall be enforced, restrained, molested, or
burthened is his body or goods, nor shall otherwise suffer on account of his
religious opinions or belief; but that all men shall be free to profess and by
argument to maintain their opinions in matters of religion, and that the same
shall in no wise diminish, enlarge, or affect their civil capacities." The
latter (Mr. Mason) was the author of the Virginia Bill of Rights, while James
Madison himself moved the adoption of the first amendment to the Constitution of
the United States, which declares that "Congress shall make no law
respecting an establishment of religion or prohibiting the free exercise
thereof." Hence Mr. Madison?s "Remonstrance" helps us?if,
indeed, we need any help?to interpret his amendment. And Mr. Jefferson?s and
Mr. Mason?s sympathy with Mr. Madison shed light on the significance of the
"Act to Establish Religious Liberty" and the Bill of Rights, of which
they were respectively the authors.
But we are giving attention to
this matter for another reason. The principle with whose advocacy Baptists are
historically and doctrinally identified is on trial in various ways. We are told
that the courts have decided against it. As a fact, the decisions of the courts
have varied touching this, as they have concerning all other questions, but the
tendency of the decisions has been toward the full recognition of the principle.
And, if we were careful to quote human authorities, it might be said, in answer
to any decisions that looked in the other direction, that Congress has in recent
years had the whole question of the relation of the State to religion
exhaustively debated, with the result that by an overwhelming majority
appropriations to sectarian schools in the Indian Territory have been abandoned,
and on the distinct ground that these appropriations were in support of
religion. But, as Baptists maintained this principle when courts, legislatures,
and popular opinion were all against it, it would be strange indeed if an
occasional court decision seemingly out of sympathy with it should break their
allegiance. It goes without saying that courts and legislatures have frequently
invaded the principle and perverted the doctrine of separation of Church and
State. Some of the customs and traditions which prevailed in the days of the
Establishment still linger among us. They are not of great importance, but we
hope to see the day when every trace of the old and hateful tyranny has
disappeared.
The principle is on trial, too,
in Cuba and the Philippines. Among the many perplexing questions arising in
connection with our new colonial policy is this constantly recurring one of
Church and State. It is not the time to palter with this great doctrine of the
separation of the two. If our fathers, speaking through Mr. Madison, could
"take alarm at the first experiment upon their liberties," surely we,
who know how hardly the battle was won, and who know from how many unexpected
directions it has been and is being assailed, ought now to be ceaselessly
vigilant.
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