V. The most devout and conscientious christians, voluntarily and without hesitation, maintain communion with the government in its official acts.

In this assertion I do not embrace those acts, which involve merely a compliance with the common order of society, in peacefully contributing an imposed proportion of the common taxation. I refer to such as the following:

1. The prosecution of suits at law; in the doing of which political and religious fellowship is held with the magistracy of the land, in the administration of oaths and other official acts.

2. The employment of the civil authorities in giving validity by their official acts, to deeds, indentures, mortgages, and bonds, between parties who are professors of religion, and in the same communion.

3. The voluntary stand which is taken by militiamen, of religious character, along with other citizens, under officers qualified by an oath of office, and placed under military law.

4. The application for, and acceptance of, special acts of incorporation, for the security of ecclesiastical and other property.

view, extremely impious, but, even in respect to the obligations due to society, is a gross violation of decency and good order. Nothing could be more offensive to the virtuous part of the community, or more injurious to the tender morals of the young, than to declare such profanity lawful. It would go to confound all distinction between things sacred and profane; for to use the words of one of the greatest oracles of human wisdom "profane scoffing doth by little and little deface the reverence for religion."

"The free, equal, and undisturbed enjoyment of religious opinion, whatever it may be, and free and decent discussions on any religious subject, is granted and secured: but to revile, with malicious and blasphemous contempt, the religion professed by almost the whole community, is an abuse of that right. Nor are we bound by any expressions in the constitution, as some have strangely supposed, either not to punish it at all, or to punish indiscriminately the like attacks upon the religion of Mahomet or of the grand Lama; and for this plain reason, that the case assumes that we are a christian people, and the morality of the country is deeply ingrafted upon christianity, and not upon the doctrines or worship of those impostors.

"Though the constitution has discarded religious establishments, it does not forbid judicial cognizance of those offences against religion and morality, which have no reference to any such establishment, or to any particular form of government, but are punishable because they strike at the root of moral obligation, and weaken the security of the social ties. The object of the 38th article of the constitution, was, to " guard against spiritual oppression and intolerance," by declaring that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference, should for ever thereafter be allowed in this state, to all mankind." This declaration (noble and magnanimous as it is, when duly understood) never meant to withdraw religion in general, and with it the best sanctions of moral and social obligations, from all consideration and notice of the law. It

5. The employment of a judge of probate to give validity to that deed of a religious man, by which he disposes of his property among his religious heirs; and to effect which, six oaths, administered by that officer, must be taken by as many, perhaps, religious men,-witnesses and executors.

I know not what some good men may think of all this, who have no hesitation to order, or engage in the whole of these transactions; but, for myself, I am persuaded there is, to no very limited extent, a fellowship, and an intimate one, too, with the authorities of the commonwealth; a fellowship which, if meaning any thing, implies a recognition of the legitimacy of the powers so employed. Whatever may be said of a species of compelled appearance, before existing powers, under certain circumstances, must appear altogether out of keeping with the cases now mentioned. Arguments predicated upon such compulsion can have no place in such free applications to government, for those securities which government

will be fully satisfied by a free and universal toleration, without any of the tests, disabilities, or discriminations, incident to a religious establishment.To construe it as breaking down the common law barriers against licentious, wanton, and impious attacks upon christianity itself, would be an enormous perversion of its meaning. The proviso guards the article from such dangerous latitude of construction, when it declares, that "the liberty of conscience hereby granted, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of this state."

"The legislative exposition of the constitution is conformable to this view of it. Christianity, in its enlarged sense, as a religion revealed and taught in the bible, is not unknown to our law. The statute for preventing immorality (Laws, vol. 1. 224.) consecrates the first day of the week, as holy time, and considers the violation of it as immoral Surely, then, we are bound to conclude, that wicked and malicious words, writings and actions, which go to vilify those gospels, continue, as at common law, to be an offence against the public peace and safety. They are inconsistent with the reverence due to the administration of an oath, and among their other evil consequences, they tend to lessen, in the public mind, its religious sanction."

Chief Justice Spencer, upon the floor of the convention of the state of New-York, declared it to be his decided and deliberate opinion, that the Christian Religion is a part of the law of the land. He adduced several decisions of courts of justice, where the principle he contended for was recognized.-Vide, Reports of Proceed. of the Conv. pp. 574, 566.

The high personal character, as well as the juridicial acquisitions of these distinguished jurists of our state,-Chancellor Kent and Judge Spencer,lend much authority to their opinions, on the subject before us. The citizen who carries the influence of his christianity into all his actings, in civil life, has the satisfaction to know, that while he honours his Redeemer, he is acting in accordance with, and in the spirit of the law of the land. It is well recollected by the author of these letters, what satisfaction the decision of the Supreme Court, in the above case, gave to christian men at the time; and the change of mind which it effected in reference to the character of the state. It is refreshing to reflect, that without offering violence to conscience, giving a pledge to error, or restraining liberal inquiry, the State is a Chris tian Commonwealth, in actual and voluntary subjection to Messiah.

alone can give; not only in reference to the openly lawless; but likewise among religious and orderly men themselves.Consistency seems to say, if the upright man may voluntarily hold this communion himself, and call upon others to join him in his fellowship, with the government, for his own advantage or that of his family; he may as reasonably be expected to join it in other points, for the behoof of those who aided him it being always understood, that no immorality is sanctioned by the latter, more than by the former course.

The religious man who, upon his dying bed, looks to the civil power, either to give its sanction to his testament, accompanied as it must be with religious solemnities administered by its officers; or to make the disposal of his property, according to existing laws, surely cannot seriously believe the government to be Satanic in its origin, and its officers officially immoral. Disapprobation of certain measures, and a rejection of the government, as immorally constituted, are very different things. Such actings as are now referred to, seem incompatible with the latter, but not with the former of these.

From the facts now stated, it appears that the commonwealth of New-York is a sovereign, free, and independent state; that its constitution is based upon the common will, fully and fairly expressed; that it embraces no immoral principle, and enjoins no immoral action; that while the constitution provides within itself for progressive improvement, the state in the mean time, as a christian community, is in actual subjection to Messiah; that the most upright christians, of all denominations, have an extensive and very intimate communion with its government, in the administration of its powers; and that no reason appears why the fellowship may not be extended to all that is properly constitutional in the affairs of state. If the fact, that bad men being found sometimes invested with power, will make a government illegitimate, it will be difficult to find the record of one lawful. The sons of Zeruiah were high in place, and at an interesting period too strong for David, in the administration of the affairs of Israel. Wicked men, imperfect laws, and good regulations perverted to evil purposes, are incident to every association of men whether of church or state, in this imperfect life. The question in these cases is-Does the system, as resting on its constitutional basis, require such men, such laws, such provisions? If not, the duty

of the virtuous citizen is obvious: have recourse to constitutional principles to rectify whatever evils may occur, to guard against misapplications for the future, and to give greater excellence to the whole.

I have selected the state of New-York, in which to exemplify a moral and christian government. I will not be understood as intimating, that this is the only commonwealth which exhibits such a model. I am aware that others do so somewhat more explicitly. I have not chosen the strongest case. New-Jersey might be adduced as recognizing in her constitution, the protestant religion;* that of Vermont, the Lord's day, christian worship, and the word of God as the rule of that worship; the constitution of North Carolina,‡ as establishing the test of a belief in the being of God, the truth of the protestant religion, and the divine authority of the Old and NewTestament. As a religious test, Maryland requires a belief in the christian religion; to which may be added, all those states, among which Pennsylvania has a place, that, at common law, or by statute, forbid and punish blasphemy against the christian religion, or any of the Persons of the Holy Trinity. But I forbear to protract the discussion. You will at once perceive either how ill advised, or how reckless of truth they are, who without qualification, assert that our civil institutions are infidel and immoral.

To these views it may be replied-Have not men of great respectability considered the governments of the land, as criminally defective in moral character? That they have is readily admitted; and I have not said these institutions are perfect. The question at issue is, are the citizens pledged to approve of, and to perpetuate those imperfections?-Must no virtuous man participate in the affairs of state, till its constitution be without defect? Permit the following remarks in answer to the above suggestions.

1. I proposed to treat the subject upon its own merits.— By these and not by the opinions of respectable men it should be judged.

2. Thirty, forty, or fifty years ago, while our institutions were young, and before their developments manifested sufficiently their character, men of high intellectual and moral

*Const. of N. J. Art. 19. Const. of N. C. Art. 32.

Const. of Vt. Ch. i. Art. 3. Const. of Md. Decl. of Rights, 33, 35.

standing, expressed their doubts, their fears, and their disapprobation, of several things in those deeds, as then apprehended.

3. Numbers of those men who yet live, have had some of their doubts resolved, many of their fears disappointed; and subsequent applications have corrected former apprehensions. All this very distinguished men are ready to confess; and instead of attempting to perpetuate early misapprehensions on intricate points, confess with gratitude, and are proud to acknowledge that the causes of their fears no longer exist; and disapprobation without object they will not continue.

4. Changes of a happy character and the settlement of many things once unsettled, have shed a light upon the whole subject, not possible to be had at an early day. Within the last fifteen years, the first moralists, jurists, and statesmen of the land have bent their minds to the great questions of constitutional law. Their labours have not been in vain. The principles and provisions of our constitutions are better understood, than at any former period. And still there are momentous questions which remain undecided. For the settlement of these, time and labour, as well as the talents of the statesman and jurist, must be put in requisition. Upon them the reflecting citizen will wait, undisturbed by the heedless rashness of the irresponsible partizan; and of his prudence the christian will approve.

I have adverted to changes in public deeds and measures, which call for a correspondent change of sentiment and expression in reference to them. In this commonwealth, within a quarter of a century past, we have seen the people embodying in their constitution the confession of the being of God and of his gracious providence; we have heard it solemnly argued before the supreme court of the state, whether the constitution did not, by the liberty of conscience which it guaranties, secure to the infidel the right of blaspheming the Redeemer and his religion; and we have heard that court pronounce decisively in the negative. The name of the Saviour is legally declared to be sacred, and his religion to be the religion of the state; we have seen the state within that time break off the manacles from the black man's hands, and pronounce him free; twenty-five years ago the state, had she seen proper, might have employed her citizens and her ships in the African slave-trade, but now with