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land to adhere to the ideas contained in this article; they
would have excluded Thomas Jefferson and Benjamin
Franklin from office.
Mr. Brown advocated the striking out of the constitu-
tion any religious qualification whatever.
Mr. Carter submitted the following as a substitute for
the 37th article:
"That no religious test ought ever to be required as a
qualification for any office of profit or trust in this State;
nor shall the Legislature prescribe any other oath of office
than the oath prescribed by this constitution. "
The substitute was adopted—yeas 47, nays 17.
Mr. Mackubin moved to amend the substitute by in-
serting after the word "State, " "other than a belief in
the existence of God. " Adopted.
Article 38 was read, as follows:
"Art. 38. That every gift, sale or devise of land to any
minister, public teacher or preacher of the gospel, as
such; or to any religious sect, order or denomination, or
to or for the support, use or benefit of, or in trust for,
any minister, public teacher or preacher of the gospel, as
such; or any religious sect, order or denomination, and
every gift or sale of goods or chattels to go in succession,
or to take place after the death of the seller or donor, to
or for such support, use or benefit; and also every devise
of goods or chattels, to or for the support, use or benefit
of any minister, public teacher or preacher of the gospel
as such; or any religious sect, order or denomination,
without the prior or subsequent sanction of the Legisla-
ture, shall be void, except, always, any sale, gift, lease or
devise of any quantity of land not exceeding five acres,
for a church, meeting house or other house of worship,
or parsonage, or for burying ground, which shall be im-
proved, enjoyed or used only for such purpose, or such
sale, gift, lease or devise shall be void. "
Mr. Kilbourn moved to strike out the words "without
the prior or subsequent sanction of the Legislature. "
Mr. Kilbourn said the object of this article was to pre-
vent the accumulation of church property, as such, but
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