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Proceedings of the House, 1856
Volume 659, Page 1013   View pdf image
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ance of this principle, and so great was the anxiety of the
founders of the republic to protect themselves, and us, and
those who are to come after us, from the horrors they well
knew, and history teaches all have ever heretofore, and which
will for ever hereafter ensue from political infringements of
the rights of conscience; that when they came not long after
to make amendments to the Constitution, the very first arti-
cle of those amendments, and the first clause of that article
says, "Congress shall make no law respecting an establish-
ment of religion, or prohibiting the free exercise thereof."

What, too, says the Bill of Rights of Maryland? " That
no other test or qualification ought to he required, on ad-
mission to any office of trust or profit, than such oath of
support and fidelity to this State, and such oath of office, as
shall be directed by this Convention or the Legislature of
this State, and a declaration of belief in the Christian reli-
gion ;" and even this has been since so modified, and the
spirit and principles of perfect religious freedom so extended,
as to dispense with " the declaration of belief in the Chris-
tian, religion," to place Jews and others who could not make
that declaration on an equality with all other citizens ! Yet
we find by those forms of oaths two tests are to be applied as
indispensable qualifications for all offices of all grades, in the
gift of the people or in the gift or held at the will of any
member of this order, namely, the candidate for office must
be a native born citizen, and must not he of the Roman Catho-
lic religion; the latter of which tests, it has been shown, is
expressly prohibited in letters and words, and both of them
are equally and positively forbidden by the spirit, general
scope, purposes and principles of that Constitution which
they profess so frequently their purpose to maintain and
preserve.

It has been argued elsewhere, but it is presumed none here
will be willing to peril his reputation for intelligence by as-
serting or attempting to maintain, that an agreement sol-
emnly entered into by large numbers of people, associated
and acting together, to apply by their votes at the ballot-box
a test of qualification for office prohibited by the Constitu-
tion and laws, is no violation of that Constitutional provis-
ion. Where in this republic resides and abides the sover-
eign power ? In the people. For whom and by whom was
the Constitution made and adopted, and upon whom does it
operate ? The people. Whose sentiments, principles and
purposes does it breathe; and speak, and enforce ? Those of
the American people. When and where, and by whom is
sovereign power exercised in these United States ? At their

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Proceedings of the House, 1856
Volume 659, Page 1013   View pdf image
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