Page 1 of 25 May 1838 Issue of Bloomington Post in Bloomington, Indiana

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Bloomington Post (Newspaper) - May 25, 1838, Bloomington, Indiana Bonnani web must so Toni. 3. Maw Milton Fridal mat edited and Fult Skosik a try Friday by m. Office on main Cross Street fie8t door West of Kaj. Hout s. 8. Ivo. 1�. I Ems. Two dollars in Advance two fifty in Nix month and three at the end Ollie year. No paper will to until ail arrearage Tro i Aid up. Advertise meets of ten links or less w la be published Turro weeks for one Dollar and 25 cents for a Fth a Ddll ional Meerton. All must lie in Rod with the they will be iii Wortch till forbid and charged Accord i 11 g i y a the can Nisi invariably accompany advertise Nientai from a distance or Uliey will not receive attention. All letters and communications addressed to the editor must be free of postage. No variation whatever need be of i acted from ill be terms. List of agents. The following gentlemen Are requested and aut Lori Zed to act As agents to receive Job work advertising pc. And receipt Lor lilo same. Thomas ,. Johnson Spencer la. I. H. J , Mill Grove la. Samuel 11. Smy tii l of Viii Given la. . Kiili sats Fairfax la. Pm. Herod Eph. Quot Himl is la. K g. Wayman , la. D. A. Law limit now ail any la. J. S. I to i Louisville by. May Parke Isburn co. La. We. S. Roi kits is it , la. Or. 1. H. Maxweli., Frankfort in. John in Atterton free in a pole la. Geosue a a. A fax . I cd Ford Lii Diann. The Laws authorising the clergy to supersede the office of civil in sanctioning the Hiar Ridge contract Quot and for Quot the inaction of Laws prohibiting the clergy from acting As inspectors i us iii had Lonj or pc Cilus Wiiks till cd or 1y of cirt Nten anti state . A Leonor Nolc Lair i Rit la a a Are of lir Safe of new York in Spital Athl Ais Riu i inc Aniio rial if the Sirri or a Inheh itans air roof Luehl in Kimu Csont i Liitt your having not Cut i various uni Jimial of a be modes by which exclusive privilege Ordo isor of Llic cil Izeris of Quot this state arc pair tally nine Zuj Cisily role Asci from Jay ing their Joist pro a Rte n of Iho taxes and oink to Sec Lions Una Sisily diet rive l of Huir Quot invaluable i lit and Liberty Quot of pairs iii their business Ami occupations for seven Weici mid three Days annually arc filled with profi und that Sitch glaring outrages upon the rights of Man should to Tolci a cd in the present age in a to Unity in lion a Moil is am ii Ualita Quot an in Inciso of Hannity of wealth is exec not from Luer Cly cause owned Nind employed by Cihir Guinen and religion a associations and coi Point runs. Sic la and unjust partiality arc virtually Opidi Valint to direct Bounty to those clergymen Corporal ions and society Ion it from the Public Treasury aug by violation of and usurpation upon Lii rights fall tax payers who it wifi Ilius As Public nuisances or w iii Indium Menic. Tim Laws a hich make hopi cd to Liidi iii y u i iii to one Day in every week ure oppressive and iii Justuson ill who regard every Day alike Aslo Liolin Oss Ami by promoting indolence Aslo Ilio same Tiina a a pick ise the opportunities and facilities to vice Ami amnio Raliey. Your m m u Riu Isle the Selbre be a nest that your honorable Boily will repeal without Dclay All Laws of this Kiaie exc upling Dei ical or Church Pio Orty irom tax Ilion allowing exclusive privileges to any Orson Scorpio Anions or Assoc Inions on account of their religious occupations creeds or opinions. Your Rospoch fully represent that they also regard the Laws authorising ibo clergy to a a firm a t to tii Lico of wifi Fri Guistra is in lilo marriage Ron tract As unconstitutional and improper Ami Ihei Elore Rei Post a repeal Hereof Tinmu Dia Loly and also Ilie inaction of Laws prohibiting the clergy irom acting As inspectors of Public school or from Elt cuing the duties of any Lutico whatever under the unit Ozity of the govern not ont As the Constitution it directs until it shall be altered so As to allow them Loilo sons they Gener ally Declaro their adhesion and a Riff Peticc to an ancient brei of code flaws Osja a a a a a it i to those of this a Tate and accordingly clerical iii Pei tors of a Chou have rest iced teachers for not holding the same a Nii minis. Am your Memoria lists w ill eve Pray until their righteous prayers above Shull be Lully or Anion. Job Pii profit i. Ii cards. Joseph Sibley , John s. Caldwell . La Ril Feii Jumes adult ii Ira u. Lowe Rufus met it ech , w. Vav Hitney James p. Fit Elf c. I. Cumings. In Assembly March 13, 103�. Marjre of Lair coins Nitice of the Stu friary. Or. Shiman in Tim the of Mmilne o on Trio Ludicia by to whom wus Here rid the above petition to that the Pelini toners in Aluir memorial which is cbliucd&Quot.4u.itiion of Chun h and Siale tyranny Quot complain of All Law Tubioli or i iii labor on the Buh Bath or n hich exempt from taxation the property Ofeler Guinen churches Aud Lul Igioia aia Ocia Lions Ond burp orations As being partial and a Yutt Hod Ihry Sti that they Aro filled with profound hat such glaring out Ringo upon the inf to of Inan should lie to Lernerd in the present age m a a a Unity whom Mollo a Liberty amp Equality Tom rach e.tennjil9a in a a Piir Alent to a d re a Bounty to Thoie Olter Guowo Oor it mid societies. From to Public Otic Mairye and Goa ii a Nurit violation of and us by Pelion upon the rift of ajl taxpayer. Who regard the Puzio no Laa Cmor with Jim Panei and that a Ich it Rothii it citation of Indio Aoel at Tea a Ante time in roam to opportune Iez to vice and finn morality Ebay Fiir Thor ask for a Quot repeal of Public schools or from the duties of any office whatever under the authority of the government As they generally declare their adhesion and preference to an ancient foreign code of Laws As Paramount to those of this state Quot dec Ico. Your committee Are unanimously of the opinion that the if isolation asked for is not necessary that it would not be right in itself and that it would never be sanctioned or tolerated by the people of this state. A dil Terence of opinion has existed in some parts of the state whether under the provisions of the Constitution clergymen can act As inspectors of common schools. That instrument ordains Art. 7, Sec. 4. That Quot whereas ministers of the gospel Are by their profession dedicated to the service of god and the cure of Louis and ought not to be diverted from the great duties of their functions therefore no minister of the gospel or priest of any denomination whatsoever shall at any time hereafter under any pretence or description whatsoever to eligible to or capable of holding any civil or military Oitice or place within this it has been supposed by Many that it was not intended by this provision to prevent the clergy from performing the duties of inspectors of common schools and it has occasionally happened that under these impressions and from a desire to secure the services of compe Lent and educated persons in performing these duties the people in some parts of the state have seen fit to elect clergymen to that office while in other parts they have been considered ineligible. Your committee however do not feel authorised to give the former instruction their Sanction but Are satisfied that clergymen cannot legally hold the office in question. The Lang Imge of the Constitution is explicit and if these duties constitute the persons who Are alerted to perform them Quot officers Quot then it would be erroneous to give to it any other interpretation than that which its letter would imply. Lexicographers define an Quot office Quot to be Quot of a particular duty charge or Trust conferred by pub Liek authority and for a Public purpose a Public Clargo or , Johnson Walker and Webster the duties of inspectors bring them clearly within these definitions which being the Ordinary and common signification of the term must control our decision there is something elsewhere in the Law to qualify it. Ii has also been supposed by Many that this station is not an office within the meaning of the Constitution because no Otinicial oath is required by Law of the incumbents. But in the judgment of your committee it is not no Cussary to constitute an office that the person elected thereto should take an oath before entering on its duties. The Constitution Art. It. Sec. 1, Disimi icily provides that Quot members of the i i Slature and All other officers and judicial except such inferior Oihi ers As May by Law be Rorm plod shall Quot Lake inc oath the form of which is res crib a Ltd in the same Section. It follows from this Jiro vision that some officers shall and other officers shall not take such oath and that therefore the oath is not the criterion of what is or is not an . It should to borne in mind too that the provision of the present Constitution prohibiting clergymen from Howing office is not a now one it is i to same and in precisely the same words with the ili article of Iho former that of 1777. Moreover under that Constitution inspectors of common schools were required to take an oficial oath until the passage of a Law at the session of 101, which rendered it thereafter unnecessary. The Mere abrogation of the oath has not changed the of Licino duties of the inspectors and does not Render Buir station any less an office than it previously had been. The language of the revised statutes is Ciplic in regarding them As a Cert. The statute respecting town meetings Aud the officers to to elected at them includes ins sectors among such officer i k. S. P. 332, sections 1, 2, 4. It is also provided i i. S. P. 310, sections 26, that Quot any persons chosen or appointed to the be of inspector or commissioner of common schools Quot who shall refuse to serve shall forfeit to the town the sum of ten dollars. The Saine expression is used in that part of the statute which relates to the duties of the ins acc tors 1 r. S. 4fi9,Sec. -18. The legislative construction therefore instead of qualifying confirms the Ordinary import of the word ii Ceas used in this Cuse. When the convention which formed the Constitution had the clause excluding clergymen from office under debate it a ends Debales p. 649, that or. Birdseye offered As proviso those words Quot provided that nothing herein contained shall prevent any Clergyman from being appointed to any office in any literary corporation or to any office merely messes. Munro and Van Burn objected to its adoption As being wholly unnecessary the True exposition of the not excluding clergymen from offices merely the proviso was not adopted and had we no other information on the subject the orbiter remarks of messes. Munro and Van Okiren could not be hold to be evidence of the sense of the convention on this Point especially in opposition tothe Duin import of the language of the clause and to the explicit language of the statutes. Your committee however have Boru so fortunate As to procure information from the gentleman who offered the proviso above named As to the reasons which induced the convention to re Jot it. They learn from him that its Faasii a was urged at length by him on the distinct ground that it was Ion portent that clergymen should be eligible 1� la office of inspect oni of common a Owoola not Mio Many districts they might often cd mud to big us Only persons com Parent to die he Reba Dutina of that station. It appears Alao Tom tha language above attributed to Mara. Munro pm Van Duren other inem bits a boat Zamarka a vat reported opposed the proviso Abr the a Presa pm a on that ministers of the Goa pal ought not to a permitted to Keld e?9n the Public office add such in the opinion of men referred to waa the motive of the Cor tvs non in rejecting it. There would seem therefore to be no room for doubt on the subject. The True construction is in the Opin ton of your committee that the Constitution forbids clergymen from being elected or appointed to or from holding any a twi cart be the duties of White a Are performed for Public purpose but that it does not preclude their being employed like any othe citizen in colleges academies or any other corp actions or instructions created by authority of Law it follows therefore if the foregoing views Are Correct that the Constitution already prohibits clergy men from acting As inspectors of common schools k that no legislation is necessary As to so much of the prayer of the petitioners As a Iris for their exclusion we have denied it proper to consider this Point thus at be Obj Frause much doubt and error hat prevailed in the slate As to the True meaning of the constitutional provision. Your committee Are quite ignorant As to any it maws authorising the clergy to supersede the office of civil in Sancy zoning the marriage if such Laws exist they mint be within the exclusive knowledge of the petitioners your committee having been unable after a most careful and Thoro Tirb search to discover any such on the statute Book. So far from Quot authorising he clergy to Supri it Ede civil the Law expressly provides that Lor the purpose of being recorded and authenticated marriages May be solemnized by l ministers of the gospel and priests of every denomination 2. Mayors recorders and aldermen of cities and 3. Judges of the county courts and justices of the peace. It would be difficult to devise a More Liberal regulation than this or one More tolerant towards All creeds and All tastes. The marriage rite with almost every people Isa religious ceremony and in Christian countries especially is i accompanied by solemn forma and observances. In All Ages and among All nations whether civilized or barbarian it has been sanctioned by some ceremonial. If the principles of the great mass four citizens induce them to invoke the solemnities of religion to invest marriage with a sacred character it would be As Gross intolerance to forbid them doing so As it would be to compel those to adopt the same course who might prefer its secular ratification by civil . It is enough that provision is made by Law that those who regard religious institutions As Quot Public nuisances Quot May procure the Quot Sanction of the marriage contract Quot by other persons than the ministers of religion and that the Laws of which the Etui loners co Pinin As Quot authorising the clergy to supersede the office of civil Quot in this resp i Only in the imaginations of the petitioners. Your do nol App lion any of the evils which the be i Ioanis suggest As Likely to follow from the Observance of the Sabbath. There is nothing in the history of the past or to the Prospect of the future which induces the belief that the Laws on this subject will Quot promote indolence Quot or Quot increase the opportunities and facilities to vice and viewing the Sabbath merely As a civil institution venerable from its age consecrated As a Day of rest by the usage of our fathers and cherished by the common consent of Niani it ind throughout the nations of Christendom we cannot concur with the petitioners in regarding the Laws for its Observance As Quot glaring outages Quot nor participate in the Quot profound astonishment Quot with which they profess to be Quot filled Quot by reason of the Quot toleration of those Laws in the present the petitioners May safely dismiss their fear that the influence of the Tiah Bath will be corrupting to the Public morals they need have no anxiety lest our citizens should cease to be an industrious people because of their resting one Day in seven they May feel assured that Quot Lizorty and Equality Quot Are in no danger of being subverted by the regulated Beer Vanee of a Day which witnesses throughout this Commonwealth Quot the True exercise and enjoyment of religious profession and worship without discrimination or const. Art. 7, Sec. 3. They will find if they exam me the sult that the great cud four government is to secure protect a perpetuate both civil and religious Liberty and that the legislature has no More Power to violate those rights by treating churches and religious associations As Quot Public nuisances Quot than it has to treat literary societies or political meetings in the same Light. When to people of this state adopted the Constitution under which we live they ordained that Quot the free exercise and enjoyment of Reli ious profession and worship without discrimination or preference shall be forever allowed in ibis slate to Mankind but the Liberty of conscience hereby cured shall not be so construed As to excuse acts of licentiousness or justify practices Noona silent with the peace or safety of the Constitution Art. 7. Sec. 3. But in thus protecting Bema Eivis against the into Aranca of any one religious wet it was by no Means their of tweet to Declara War against religion itself. On lha Goa tray to Asp really provided that even this Freedom of co Scianca which is thus secured and Pacrad shall to to Casa permit any acts which Ara Ine Tiou and bar before inconsistent with that Public morality which has the Chrisi Iau religion alone for in bad a a and up port. In All countries some kind of religion or Othar has existed in Alt agas. Nop Opta of that awol the Globe Are not without a part valid Mil Opal religion. Magistrate at have you goal to Many a a Mirza to Stran thaa civil Govar Maat of an Aorta particular Rali Gimis and an a Tokmitt Tolu Sion of All Otharay. By Trofa who in a a via dad this form Dabb Pomr have reodaf�4l % m Iaal Aad of an auxiliary la tha a a Jattar Azaad of a Arup iian to tha Righta of Foffi Faaoo. With a it h a holy or4ar�d Iem my Mhli ii shall a a Tamiani of Lav he a of cd to a Pima Avail be aft am in thai Elmo and him amp to of worship. 8tuv tit n a Tomaian Kawh. Nin Fluor it Ltd Hundredth if not a a writer port it of of r whole Pullion a Lieve in the Oneal doctrines of the Christim religion. Our govern sent depends for in very being on the Slauo of the Pool pie on that virtue Bloh has its foundation in the morality of the of Tristian re Pigion and that religion is Tho common and part failing Faith of the people. There Are it is try in Drof options to this belief but general Laws Are to be found Here and there tie world Over individuals to entertain opinions hostile to the common Aen Neof mail and on subjects of honesty humanity order end do ency but ii would be a kind of Republic Adiam with which we Are not acquainted in this country which would require the great mass of Mankind to yield to and be governed by this few. It is quits unnecessary to enter into a detailed review of All the evidence Eliut is the common Creed of this nation. Me know it and we feel it As we know and feel any other unquestioned and admitted truth the evidence is All around us and before us and with us. We know too thai the exceptions to this general belief Are rare so very rare that they tire sufficient Only like other exceptions to prove a general Rule. Such being the Case the question arises whether Laws and usages required by the principles and feelings of the vast majority should give Way to the Peculiar dogmas of the very few whether Wey Are oppressive on the conscience or whether they operate As a greater restriction on the natural rights of the very few than is indispensable to the Good of society. It is obvious that a negative is the Only answer that can be Given to either of these inquiries. Our Laws Are entirely tolerant they recognize no Teata disabilities or there is no impediment to the free enjoyment by every human beings of any religion whatever there is no of those who do or do not belong w any particular sect or to no sect who believe in any particular religion or no religion All alike protected bar the Laws and amenable to them. The desecration of the Sabbath by Servile labor sporting Jinming Hunting and horse racing would in a slate of society like ours bean outrage on theft Elings and peace of the people and would be income Pathe with the Quot exercise and enjoyment of religious profession and worship Quot guaranteed to them by the Constitution. Such acts therefore become positive Oit noes and Are prohibited by Law and such prohibition is no More a restraint o the mural rights of the solitary few than hundreds or Oiher in the statute Book or than is due to the social right of the Community As a whole. Your committee desire to be understood As placing Toliese Laws excl irely on the ground of political and constitutional right. With the religious obligations which inv duals Are under to reverence the Sabbath we have nothing to do those obligations Are purely personal not social As to to Elev Ery Man is of right his own judge. Aside from the usual considerations under which the people this country arc Dis a cd to observe the Sabbah Tubero can be no question that is a Mere civil institution none could be devised More salutary. If it had no Oiler effect than to promote the personal cleanliness and cessation from bodily labor so essential to the health and it physical Energy of a population it would be Well Worth Legal Protection. The experience of Mankind has shown that occasional rest is necessary for the health of the labourer and for Bis continued ability to toil that Quot the interval of relaxation which sunday affords to Tho laborious part of Mankind contributes Grealy tothe Comfort and satisfaction of their lives both As it refreshes them for the Lime and As it relieves their six Days labor by the Prospect of a Day of rest always approaching which could not be said of casual indulgences of Leisure and rest oven were they More frequent than there is reason to expect they Wold be if left to the discretion or humanity of interested Paley vol. 3. P. 292. In the absence of Laws prohibiting labor on the Sabbath All that portion of the people who Are in the service of others who Are employed As Cirks apprentices in manufactories As labourers and otherwise would be without any a rotation for their rights of worship of rest Bey would to left at be mercy of others and subject o the Carloe cupidity or legalized immorality of their employers. The added Loil of Tho seventh Day would Only reduce the Price and the Quot labourer himself who deserved and suffered Moat by the change would gain even the beasts that toil for Man Are entitled to their rest and it is found that they tick it can accomplish More by chasing from their work one Day in seven. Thus the dictates of humanity and the decree of nature alike require Iho Obs Ordaneo of the Sabbath. If the Laws forbidding labor of one kind were repealed there would to no reason Why the repeal should not extend to All kinds Why courts should not sit process Issue jurors be compelled to serve and parties and witnesses attend on the Sabbath Why the militia should not be ordered out for Parade and inspection Why town in footings should not be held in a word Nheru w i id to no reason Why the people should not be at All time liable to be interrupted to the con scent to it is discharge of their religious duties and to a virtual Rohil Ilion of Quot the free exercise and enjoy men of religious profession and the humanizing direct of the Sib Smih in promoting works of Benevolence Charity schools for iii instruction of those who cannot obtain instruction elsewhere and in strengthening the social rela Tiona of friends and neighbors in among its Namu benign results. The principles which Are then in Eul Atod in churches of All denominations at Rengh in that Public Moi Yuriy Good Oiler Aud Obed Vuco to the Laws so essential to the be Cyrilj of the state. A Black Al or in the his tory of he French lev solution is with a a not Ivory Leas ii As the Ria. Ii Ere he Al bag in Taomae Rountr in a where Iha Quot sebum a in in Garden to commend their example Toeur Imi Talion. We Are persuade that the iii Tiki a i a not As Good citizens be win Loei get Aii Hting horse racing Ikea Triciti Axil ill balt hair ipg and other Degior Alising Tad Brulet disc t. J

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