RELIGION

of the law with reference to the admissibility of evidence. See Hoag v. Wright, 34 App. Div. 260, 54 N. Y. Supp. 658. As used in constitutional provisions forbidding the “establishment of religion,” the term means a particular system of faith and worship recognized and prac tised by a particular church, sect, or denomination. See Reynolds v. U. S., 98 U. 8. 149, 23 L. Ed. 244; Davis v. Beason, 183 U. S. 333, 10 Sup. Ct. 299, 33 L. Ed. 6387; Board of Education v. Minor, 23 Ohio St. 241, 13 Am. Rep. 233. —Religion, offenses against. In English law. They are thus enumerated by Blackstone: (1) Apostasy; (2) heresy; (3) reviling the ordinances of the church; (4) blasphemy ; (5) profane swearing; (6) conjuration or witchcraft; (7) religious imposture; (8) simony; (9) profanation of the Lord’s day; (10) drunkenness; (11) lewdness. 4 Bl. Comm.

II, III-MILITIA. IV-SEARCH, Warrant. "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the LegisDue, etc.; TAKE, 8. latures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." s The President's approval of a proposed amendment is not necessary. The amendments themselves thus far made (May, 1889) are designated as "Articles in Addition to, and Amendment of the Constitution," etc., and are numbered "Articles I, II," etc., up to XV. Upward of one hundred amendments were proposed by the minorities in the several conventions that adopted the Constitution. The First Congress referred them to a committee of one member from each State. Twelve articles were agreed to for submission to the States. The first two, relating to the number and the pay of the members of the lower House, were rejected, and the remaining ten ratified, December 15, 1791.5 Most of these ten amendments are denials of power which had not been expressly granted, and which cannot be said to have been "necessary and proper for carrying into Execution" other powers. They 1 Hardin v. Boyd, 113 U. S. 761 (1885), Harlan, J. Approved, Richmond v. Irons, 121 id. 47, 46 (1887); Coubrough v. Adams, 70 Cal. 378 (1886): 17 id. 235. 2 See Prohibitory Amendment Cases, 24 Kan. 709-12 (1881); Re Constitutional Convention, 14 R. I. 651 (1883). Constitution, Art. V. Hollingsworth v. Virginia, 3 Dall. 378 (1798). See 1 Story, Const. §§ 301-5; 1 McMaster, Hist. Peop. U. S. 501, 555. While the proposed Constitution was before the people for adoption, the explanation that it V-CRIMINATE; INDICTMENT; JEOPARDY; PROCESS, 1, Liberty of speech. The right to state facts and express an opinion. Members of legislatures, "for any Speech or Debate in either House, shall not be questioned in any 1 [Cooley, Princ. Const. Law, 225-26, Torts, 8-10. Constitution, Amd. Art. V; Slaughter-House Cases, 16 Wall. 127 (1872), Swayne, J., dissenting. 3 Munn v. Illinois, 94 U. S. 142 (1876), Field, J., dissenting. See also People v. Marx, 99 Ν. Υ. 386 (1885). Butchers' Union Co. v. Crescent City Co., 111 U. S. 758 (1884), Field, J., dissenting; ib. 762. Canada Southern R. Co. v. Gebhard, 109 U. S. 536 (1883), Waite, C. J. 1 Bl. Com. 134. 3 Bl. Com. 127; 1 id. 124, 137. good motives, and for justifiable ends, whether it respects government, magistracy or individuals." 5 The right, in the conductor of a newspaper, to print whatever he chooses without any previous license.6 "Congress shall make no law freedom of speech, or of the press."" abridging the Provisions of like import are embodied in the constitutions of the States. Thus, the constitution of New York provides that "Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press." That a legislature may not pass any such law, ap1 See Constitution, Art. I, sec. 6, cl. 1. See 3 Chitty, Pr. 887; Maulsby v. Reifsnider, Md. Sup. Ct. (1888), cases. 34 Bl. Com. 151. 44 Bl. Com. 152. 5 People v. Crosswell, 3 Johns. Cas. *394 (1804), Kent, Judge. • Sweeney v. Baker, 13 W. Va. 182 (1878), Green, P. J. See, at length, Commonwealth v. Kneeland, 20 Pick. 219 (1838), Shaw, C. J.; Negley v. Farrow, 60 Md. 176-77 (1882). 7 Constitution, Amd. Art. I. N. Y. Const. Art. I, sec. 8. See references LIBEL, 5; also, State v. Judge of District Court, 34 La. An. 743 (1882). That a bill contains a prayer with a "double aspect " forms no objection to the bill. "You may ask the court to come to a conclusion on the facts which you have disclosed, having stated everything that will enable the court to form a proper judgment. You may ask the judgment of the court on two alternatives." 1 The complainant, if not certain as to the specific relief to which he is entitled, may frame his prayer in the alternative, so that if one kind of relief is denied another may be granted; the relief, of each kind, being consistent with the case made by the bill." See COMPENSATION, 4; EQUITY, Bill in; INJURY; PRAYER; REDRESS; REMEDY. In this country, the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine which does not violate the laws of morality and property nor infringe personal rights, is conceded to all. The law knows no heresy, is committed to the support of no dogma, the establishment of no sect.3 Laws are made for the government of actions; and, while they cannot interfere with mere religious belief and opinions, they may with practices. Thus, they prevent human sacrifices, burning alive on the funeral pile, plural marriages, and the like. To permit such practices would be to make the professed doctrines of religious belief superior to the law of the land, and, in effect, to permit every citizen to become a law unto himself. Under such circumstances government could exist in name only. The words "religion" and "religious," although used, are not defined in the national Constitution. Article VI, cl. 3, provides that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." And the first sentence of the first Amendment, ratified in 1791, declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." To ascertain the meaning of these provisions, reference must be made to the history of the times in which they originated. Before the adoption of the Constitution, attempts had been made to legislate with respect not only to an establishment of religion, but also as to religious precepts. The people were taxed for the support of sects to whose tenets they could not subscribe, and punish Wilhelm's Appeal, 79 Pa. 140 (1875), Sharswood, J.: Rawlings v. Lambert, 1 Johns. & H. 466 (1860). * Hardin v. Boyd, 113 U. S. 763 (1885), cases, Harlan, Justice. Watson v. Jones, 13 Wall. 728 (1871), Miller, J.; United States v. Bennett, 16 Blatch. 359-60 (1879), Blatchford, J. • Reynolds v. United States, 98 U. S. 166 (1878), Waite, C. J. See also Guiteau's Case, 10 F. R. 175 (1882). ments were prescribed for non-attendance upon public worship and even for entertaining heretical opinions. The controversy upon the general subject culminated in Virginia. There, in 1784, the legislature had under consideration "a bill establishing provision for teachers of the Christian religion." Action on this bill was postponed one session; and, during the interval, strenuous opposition to the bill was developed. A remon strance by Mr. Madison, widely circulated and numerously signed, declared "that religion, or the duty we owe the Creator," was not within the cogni zance of civil government. At the ensuing session, not only was the proposed bill defeated, but another bill "for establishing religious freedom," drafted by Mr. Jefferson, was passed. This act (12 Herr. St. 84) recites "that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill-tendency, is a dangerous fallacy which at once destroys all religious liberty; - that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order." Therein lies the true distinction between the domains of church and state. About a year later the convention which framed the Federal Constitution met. The instrument as proposed and as adopted contained no declaration expressly insuring freedom of religion. New Hampshire, New York, Virginia, and North Carolina suggested such a declaration as an amendment. Accordingly, at the first session of the first Congress, the First Amendment was proposed by Mr. Madison. That amendment deprives Congress of all legislative power over mere opinion, but leaves it free to reach all actions which are in violation of social duties or subversive of good order. "The Amendment," said Mr. Jefferson "builds a wall of separation between church and state." 1 The real object of the Amendment was to exclude rivalry among Christian sects, and prevent any national ecclesiastical establishment which would give to a hierarchy the exclusive patronage of the national government. It thus cuts off the means of religious persecution.2 The general if not the universal sentiment was that Christianity ought to receive encouragement from the state so far as not incompatible with the private rights of conscience and freedom of religious worship. Any attempt to level all religions, to make it a matter of state policy to hold all in indifference, would have created universal disapprobation, if not universal indignation. The Amendment prohibits any laws which shall recognize, found, confirm, or patronize any particular religion or form of religion, permanent or temporагу, present or future.4 But it is a restriction placed upon the legislative power of the United States government alone. The Constitution makes no provis citizens of the respective States in the exercise of religious liberty. That is left wholly to the constitution and laws of each State.¹ The provision against "religious tests" was intended to cut off every pretense of alliance between church and state, and prevent any sect from securing a monopoly of the offices of government.2 Likewise, the constitutions of the States forbid the establishment of any particular religion. Those of California, New York, and Pennsylvania may be taken as declaring the sentiment of the people of the other States upon the general subject of the natural rights of conscience and freedom of worship. They provide as follows: "The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed [guaranteed) in this State to all mankind; and no person shall be rendered incompetent to be a witness [or juror] on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect, or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishment or modes of worship." As early as December 7, 1682, it was enacted by William Penn and the deputies, "That no person, now or at any time hereafter Living in this Province, who shall confess and acknowledge one Almighty God to be Creator, Upholder and Ruler of the World, And who professes him or herself Obliged in Conscience to Live peaceably and quietly under the civil government, shall in any case be molested or prejudiced for his or her Conscientious persuasion or practice. Nor 1 Barron v. Mayor of Baltimore, Pet. 247 (1833), Marshall, C. J.; Permoli v. First Municipality, 3 How. 609 (1845); Reynolds v. United States, 98 U. S. 162 (1878). 22 Story, Const. §§ 1847, 1849. New York Constitution of 1846, Art. 1, sec. 3. The California constitution of 1879, Art. 1, sec. 4, is the same except as to the words inclosed by brackets. 4 Pennsylvania Constitution of 1874, Art. I, sec. 3. See Vidal v. Girard, 2 How. 198 (1844), Story, J.; Bush v. Commonwealth, 80 Ky. 249 (1882); Cooley, Const. 206; Strong, Civ. Law and Church Polity, 11-27 (1875). See constitutions of other States as follows: Ala. I, 4; Ark. II, 24; Col. II, 4; Conn. I, 34, VII, 1, 2; Del. Pre. I, 1; Fla. D. R. 5, 23; Ga. I, 6, 12; III. II, 8; Ind. I, 2-4, 7; Iowa, I, 3, 4; Kan. B. R. 7; Ky. XIII, 5, 6; La. 12; Me. I, 3; Md. D. R. 36; Mass. II, 1, 2, Amd. 11; Mich. IV, 39, 41; Minn. I, 16, 17; Miss. I, 28; Mo. II, 5-7; Neb. 1, 4; Nev. I, 4; N. H. I, 4-6; N. J. I, 8, 4; N. Y. I, 8; Ν. C. I, 26; Ohio, I, 7; Oreg. I, 2, 3, 6, 7; R. I. I, 8; S. C. I, 9, 10; Tenn. I, 3; Texas, I, 6; Va. I, 18; Vt. I, 3, II, 14; W. Va. III, 15; Wis. I, 18, 19. shall he or she at any time be compelled to frequent or maintain any religious worship, place or Ministry whatever, Contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any Interruption or reflection. And if any person shall abuse or deride any other, for his or her different persuasion and practice in matters of religion, such person shall be looked upon as a Disturber of the peace, and be punished accordingly." 1 "Religion" in the constitution of Ohio, in the declaration that "religion, morality, and knowledge are essential to good government" refers to the religion of mankind, not of any class of men. There is no such thing as "religion of state." 2 But "religion," "religious," and equivalent words and phrases, have often been held to refer to the Christian religion, in its most comprehensive acceptation. Thus, in a will, "religious books" will denote such publications as tend to promote the religion taught by the Christian dispensation, unless associated words or circumstances show a reference to another mode of worship.a Though the constitution of New York has discarded religious establishments it does not forbid judicial cognizance of those offenses 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 social ties. "The separation of church and state is not so complete that the state is indifferent to the welfare and prosperity of the church. This is a Christian commonwealth. Religion lies at the basis of morality. For the purpose of securing the best and most thoroughly extended morality, it is fitting that religion and the church be recogni

The outward act or form by which men indicate their recognition of the existence of a god or of gods having power over their destiny, to whom obedience, service, and honor are due; the feeling or expression of human love, fear, or awe of some superhuman and overruling power, whether by profession of belief, by observance of rites and ceremonies, or by the conduct of life; a system of faith and worship; a manifestation of piety; as, ethical religions; monotheistic religions; natural religion; revealed religion; the religion of the Jews; the religion of idol worshipers. An orderly life so far as others are able to observe us is now and then produced by prudential motives or by dint of habit; but without seriousness there can be no religious principle at the bottom, no course of conduct from religious motives; in a word, there can be no religion. Paley. Religion [was] not, as too often now, used as equivalent for godliness; but . . . it expressed the outer form and embodiment which the inward spirit of a true or a false devotion assumed. Trench. Religions, by which are meant the modes of sdivine worship proper to different tribes, nations, or communities, and based on the belief held in common by the members of them severally . . . There is no living religion without something like a doctrine. On the other hand, a doctrine, however elaborate, does not constitute a religion. C. P. Tiele (Encyc. Brit. ). Religion . . . means the conscious relation between man and God, and the expression of that relation in human conduct. J. Köstlin (Schaff- Herzog Encyc. ) After the most straitest sect of our religion I lived a Pharisce. Acts xxvi. 5. The image of a brute, adorned With gay religions full of pomp and gold. Milton. Specifically, conformity in faith and life to the precepts inculcated in the Bible, respecting the conduct of life and duty toward God and man; the Christian faith and practice. Let us with caution indulge the supposition that morality can be maintained without religion. Washington. Religion will attend you . . . as pleasant and useful companion in every proper place, and every temperate occupation of life. Buckminster. A monastic or religious order subject to a regulated mode of life; the religious state; as, to enter religion. Trench. A good man was there of religion. Chaucer. Strictness of fidelity in conforming to any practice, as if it were an enjoined rule of conduct. [R.] Those parts of pleading which in ancient times might perhaps be material, but at this time are become only mere styles and forms, are still continued with much religion. Sir M. Hale.

Engage in religious practice. | Indoctrinate into a specific religion. | To make sacred or symbolic; sanctify.

Belief in a spiritual or metaphysical reality (often including at least one deity), accompanied by practices or rituals pertaining to the belief. | A particular system of such belief, and the rituals and practices proper to it. | The way of life committed to by monks and nuns. | Rituals and actions associated with religious beliefs, but considered apart from them. | Any practice to which someone or some group is seriously devoted. | Faithfulness to a given principle; conscientiousness.