Our authority, Judge Story, continues in another place:--

“It was under a solemn consciousness of the dangers from

ecclesiastical ambition, the bigotry of spiritual pride, and

the intolerance of sects, thus exemplified in our domestic as

well as in foreign annals, that it was deemed advisable to

exclude from the National Government all power to act upon the

subject.”[228]

To act upon what? The subject of a religious establishment. No pretence

here of denying to Congress the establishment of police regulations,

if you please, or the enforcement by law of the fundamental principles

of the Declaration of Independence. There is nothing in this text

inconsistent with such a law. The Constitution forbids all interference

with religion. It does not forbid all effort to carry out the

primal principles of republican institutions. Now, Sir, here is no

interference with religion. I challenge the Senator to show it. There

is simply the assertion of a political rule, or, if you please, a

rule of political conduct. Why, Sir, suppose the manners and morals

which prevailed among the clergy of Virginia during the early life

of Mr. Jefferson, and recently revealed by the vivid pen of one of

our best writers, should find a home in the churches of Washington.

You have read Mr. Parton’s account in a late number of the “Atlantic

Monthly.”[229] Suppose Congress, taking into consideration the peculiar

circumstances, should give expression to public sentiment and impose

a penalty for such scandalous conduct here under our very eyes; would

that be setting up an Established Church? Would that be a violation of

the National Constitution, in the provision which the Senator invokes,

“Congress shall make no law respecting an establishment of religion”?

And yet, in the case I suppose, Congress would enter the churches;

it might be only in the District of Columbia; but the case shows how

untenable is the position of the Senator, according to which the effort

of Congress to preserve churches from the desecration of intemperance

would be kindred to setting up an established religion. There is a

desecration as bad as intemperance, which I now oppose. I introduce the

case of intemperance only as an illustration.

And now, Sir, I come to the question. Suppose Congress declares that no

person shall be excluded from any church on account of race, color, or

previous condition; where is the interference with the constitutional

provision? Is that setting up a church establishment? Oh, no, Sir! It

is simply setting up the Declaration of Independence in its primal

truths, and applying them to churches as to other institutions.

MR. CARPENTER. Will my friend allow me,--not for the purpose of

interrupting him, but to come to the point? Suppose Congress

should pass a law that in no church in this country should the

Host be exalted during divine service.

MR. SUMNER. The Senator knows well the difference. This is a religious

observance.

Congress cannot interfere with any religious observance. Congress can

do nothing to set up a religious establishment. It can make no law

respecting an establishment of religion. But the Senator must see

that in the case he puts, the proposed law would be the very thing

prohibited by the Constitution. I thank him for that instance. I

propose no interference with any religious observance,--not in the

least: far from it.

Sir, the case is clear as day. All that I ask is, that, in harmony with

the Declaration of Independence, there be complete equality before the

law everywhere,--in the inn, on the highway, in the common school,

in the church, on juries,--ay, Sir, and in the last resting-place

on earth. The Senator steps forward and says: No,--I cannot accept

equality in the church. There the Constitutional Amendments interpreted

by the Declaration are powerless; there a White Man’s Government

shall prevail. A church organization may be incorporated by National

or State authority, and yet allowed to insult brothers of the human

family on account of the skin. In the church this outrage may be

perpetrated,--because to forbid it would interfere with religion and

set up an establishment.

Such, Sir, is the argument of the Senator; and he makes it in the name

of Religious Liberty! Good God, Sir! Religious liberty! The liberty

to insult a fellow-man on account of his skin! You listened to his

eloquent, fervid appeal. I felt its eloquence, but regretted that such

power was employed in such a cause.

I said, that, consciously or unconsciously, he had copied Petroleum V.

Nasby, in the letter of that renowned character entitled, “Goes on with

his Church,” from which I read a brief passage:--

“CHURCH OF ST. VALLANDIGUM,

“_June the 10th, 1863_.

“We hed a blessid and improvin time yisterday. My little flock

staggered in at the usual hour in the mornin, every man in a

heavenly frame uv mind, hevin bin ingaged all nite in a work

uv mercy, to wit: a mobbin uv two enrollin officers. One uv

em resisted, and they smote him hip and thigh, even ez Bohash

smote Jaheel. (Skriptooral, wich is nessary, bein in the

ministry.) He wuz left for dead.

“We opened servis by singin a hym, wich I writ, commencin ez

follows:--

“Shel niggers black this land possess,

And mix with us up here?

O, no, my friends; we rayther guess

We’ll never stand that ’ere.”[230]

[_Laughter._]

I ask if that is not the Senator’s speech? [_Laughter._] I know not

whether it is necessary for me to go further. Something more, I might

say. Very well, I will; the Senator rather invites me.

The Senator becomes here the representative of Caste; and where, Sir?

In a Christian church; and while espousing that cause, he pleads the

National Constitution. Now, Sir, I have to repeat--and here I am

determined not to be misunderstood--we have no right to enter the

church and interfere in any way with its religious ordinances, as

with the raising of the Host; but when a church organization asks the

benefit of the law by an act of incorporation, it must submit to the

great primal law of the Union,--the Constitution of the United States,

interpreted by the Declaration of Independence. The Senator smiles

again; I shall come to that by-and-by. Whenever a church organization

seeks incorporation, it must submit to the great political law of the

land. It can have the aid it seeks only by submitting to this political

law. Here is nothing of religion; it is the political law, the law of

justice, the law of Equal Rights. The Senator says, No; they may do as

they please in churches, because they are churches, because they are

homes of religion, of Christianity; there they may insult on account

of the skin. I call that a vindication of Caste, and Caste in one of

its most offensive forms. You all know, Sir, the history of Caste. It

is the distinction of which we first have conspicuous record in the

East, though it has prevailed more or less in all countries; but it

is in the East that it showed itself in such forms as to constitute

the type by which we describe the abuse. It is an offensive difference

between persons founded on birth, not unlike that maintained among us

on account of a skin received from birth.

And now pardon me, if I call attention to the way in which this

discrimination has been characterized by the most eminent persons

familiar with it. I begin with the words of an estimable character

known in religion and also in poetry,--Bishop Heber, of Calcutta, who

pictured Caste in these forcible terms:--

“A system which tends, more than anything else the Devil has

yet invented, to destroy the feelings of general benevolence,

and to make nine-tenths of mankind the hopeless slaves of the

remainder.”[231]

Then comes the testimony of Rev. Mr. Rhenius, a zealous and successful

missionary in the East:--

“I have found Caste, both in theory and practice, to be

diametrically opposed to the Gospel, which inculcates love,

humility, and union; whereas Caste teaches the contrary. It is

a fact, in those entire congregations where Caste is allowed,

the spirit of the Gospel does not enter; whereas in those from

which it is excluded we see the fruits of the Gospel spirit.”

* * * * *

MR. CARPENTER. Will the Senator allow me to interrupt him to

ask whether these commentaries are read for the purpose of

construing the Constitution of the United States? That is the

only point of difference between us.

MR. SUMNER. The Senator will learn before I am through. I shall apply

them.

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