Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/713

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CH. XLIII.]
RELIGIOUS TEST.
705

scruple seems to have been entertained, by a few members, of the constitutional authority of congress to pass such an act.[1] But it was approved without much opposition. At this day, the point would be generally deemed beyond the reach of any reasonable doubt.[2]

§ 1841. The remaining part of the clause declares, that "no religious test shall ever be required, as a qualification to any office or public trust, under the United States." This clause is not introduced merely for the purpose of satisfying the scruples of many respectable persons, who feel an invincible repugnance to any religious test, or affirmation. It had a higher object; to cut off for ever every pretense of any alliance between church and state in the national government. The framers of the constitution were fully sensible of the dangers from this source, marked out in the history of other ages and countries; and not wholly unknown to our own. They knew, that bigotry was unceasingly vigilant in its stratagems, to secure to itself an exclusive ascendancy over the human mind; and that intolerance was ever ready to arm itself with all the terrors of the civil power to exterminate those, who doubted its dogmas, or resisted its infallibility. The Catholic and the Protestant had alternately waged the most ferocious and unrelenting warfare on each other; and Protestantism itself, at the very moment, that it was proclaiming the right of private judgment, prescribed boundaries to that right, beyond which if any one dared to pass, he must seal his rashness with the blood of martyr-
  1. Lloyd's Debates, 218 to 225; 4 Elliot's Debates, 139 to 141.
  2. See also M'Culloh v. Maryland, 4 Wheat. R. 415, 416.

vol. iii.89