Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/738

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CONSTITUTION OF THE U. STATES.
[BOOK III.
toleration and establishment.[1]
Let it be remembered, that at the very moment, when the learned commentator was penning these cold remarks, the laws of England merely tolerated protestant dissenters in their public worship upon certain conditions, at once irritating and degrading; that the test and corporation acts excluded them from public and corporate offices, both of trust and profit; that the learned commentator avows, that the object of the test and corporation acts was to exclude them from office, in common with Turks, Jews, heretics, papists, and other sectaries;[2] that to deny the Trinity, however conscientiously disbelieved, was a public offence, punishable by fine and imprisonment; and that, in the rear of all these disabilities and grievances, came the long list of acts against papists, by which they were reduced to a state of political and religious slavery, and cut off from some of the dearest privileges of mankind.[3] § 1873. It was under a solemn consciousness of the dangers from ecclesiastical ambition, the bigotry of spiritual pride, and the intolerance of sects, thus exemplified in our domestic, as well as in foreign annals, that it was deemed advisable to exclude from the national government all power to act upon the subject.[4] The situation, too, of the different states
  1. 4 Black. Comm. 51, 52.
  2. 1 Black. Comm. 58.
  3. 1 Black. Comm. 51 to 59.—Mr. Tucker, in his Commentaries on Blackstone, has treated the whole subject in a manner of most marked contrast to that of Mr. J. Blackstone. His ardour is as strong, as the coolness of his adversary is humiliating, on the subject of religious liberty. 2 Tuck. Black. Comm. App. Note G. p. 3, &c. See also 4 Jefferson's Corresp. 103, 104; Jefferson's Notes on Virginia, 264 to 270; 1 Tuck. Black. Comm. App. 296.
  4. 2 Lloyd's Debates, 195, 196, 197.—"The sectarian spirit," said the late Dr. Currie, "is uniformly selfish, proud, and unfeeling." (Edinburgh Review, April, 1832, p. 125.)