Page 4 of 10 Dec 1869 Issue of Cincinnati Israelite in Cincinnati, Ohio

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Cincinnati Israelite (Newspaper) - December 10, 1869, Cincinnati, OhioSchool Board stating that the resolutions were passed against theft Poteet and they Ware not responsible therefore. William m. Ramsay a arum but. May the scope Oft Ordi my enter May it Plask Youb honors i approach the discussion of the questions involved in this canse with great diffidence. These questions had not been prior to the inception of this cause the subject of Especial reflection or investigation upon my part f in ii til n nary professional study or experience foundry conscious As i am that we Are it ing upon an inquiry of a very High order in the1 ultimate determination of whte a the welfare of this Community and perhaps of the state and nation is deeply involved i can not but regret that the part which has been assigned to me had not devolved upon one More Able to maintain it. So Raj however As i shall be address your honors t will in Hibit All religious instruction la the schools of the City. W these propositions will be met. It fairly be anticipated by 1. A general denial. 1 2. The affirmation that irrespective of any action upon the part of the school Board religious instruction is unlawful. I respectfully submit that religious instruction is an essential part of our common school system of education. I our common school system was organised under the Constitution of 1862. Schools were established by the to the direction of log Ofaf suture in obedience that direction is contained in the a following words constituting the conclude in a a pm _ g of the third Section of the Bill of k sentence rights con a Atid not a it convened to a in View that this is it ced to Avo to Del Elste Asse Ulster a Well de flu system of jurisprudence under solemn responsibility Ana i will therefore address to the court Only such considerations drawn from the statute books and from the historical and judicial records of the state and nation As shall seem to have a legitimate place in a discussion of such a character. Your honors have heard the facts of the Case As set Forth in the pleadings of the parties and the further agreement As to Evi Deuce and 1 need not repeat them. It is amp pea of say that it has been defendants As Well As of try a be a Are there we consider it a special service to the readers of the israelite to spread before them the fall arguments in this important Case and advise every one to keep them on file for farther reference As we Are morally certain that questions of precisely or nearly Theof jul As.,. F. I. In it of a i it i w j a. J. F same nature will Spring up in All parts of the United states being out now on a a internal improvements a and every Man ought to Post himself on the arguments and con especially As in Mdse produced Here come from some of the Ablest men in the country. The trial was opened november 29. And a a a a continued to the 81st. In the petition of j. D. Minor and others is. The Board of education of the City of e plaintiffs to strip the Case of All technicalities and Mere questions of practice in order that a Complete and satisfactory decision upon the merits of the question involved should be had. The important question that might arise in another form of action touching the organization and involving even the existence of the school Board will not be presented Here. These questions Coul raised in fan action it Board is at All events assuming to exercise certain Powers under authority of Law the Validity of the claim to general Power is probably the subject of inquiry in proceed v a a properly the boat hardly be this nature. May Iusti Cincinnati. An order having been allowed some three weeks since restraining the carrying of a Resolution adopted by the Board of education directing the discontinuance of the Reading of the Bible in the common schools of Cincinnati the cd be came up for i it does not Ings of quo warranty we tuned by the proper authorities in pursuance of the statue tin that behalf. No question has been made by the defendants As to the jurisdiction of the court or the Legal capacity of the plaintiff la to bring the action. I desire to say however because there has been some misapprehension upon the subject that the Power of courts of equity to arrest and forbid the illegal action of Public officers is As familiar As unquestioned and As freely exercised As any other. It is the duty of courts to interpret and administer the Laws and in the exercise of these High functions they May enjoin and forever prohibit even the execution of an act of the legislature if in the judgment of the court it contravenes the fundamental Law. It is their duty to preserve and protect the rights of individuals or communities no matter by whom or by what asserted authority they Are assailed and they will and do Lay their hands upon the state itself when through its agents it attempts the exercise of Power essential and the Happ the Means of be forever encouraged by legislative provision no inconsistent with the right of the school established by the legislature is it will scarcely be denied by doubted the Sokool contemplated by the Constitution. There is no Power to establish any other. Let then the language of the Constitution be fairly Analysed that it May be fairly interpreted for by the result of that analysis and consequent interpretation Mast this canse be determined. We find Here the declaration that a religion morality and knowledge a Are a essentially necessary to Good government and human happiness.�?T1 Pigion morality and knowledge fore to be promoted. How ? by the establishment of a schools and the Means of these three things Are equally desirable they Are to be equally fostered and by the same instrumentality i care not what May be included in the words a the Meana of they undoubtedly mean All the places and All the ways in which and by which a religion morality a and general knowledge Are disseminated. They May and doubtless do include the churches. It Only strengthens the View which 1 now present to hold that religion was to be taught in the schools even As it was to be taught in the eur ones. But it is said there is limitation upon the legislature imposed by the words a not inconsistent with the rights of and that is True. Of the extent of that limitation i do not now care to speak Bat shall do so directly. I desire now to Call the Espe Oliai attention of the court to these words with reference to their bearing upon the construction of the preceding language. If religion was not to be taught in the schools at All whose a a conscience was in danger i know How sensitive some of these consciences Are but the most sensitive would scarcely be offended if there should be no religious teaching and it would scarcely have occurred to the framers of the Constitution to provide a safeguard for them if none had been contemplated. It will not be Are Neri. I know by the Learned counsel for the defendants. That this language provides in in which religion is to be taught and yet concludes by making a declaration which in effect precludes religious teaching and renders the entire pro claimed that the school Board could lawfully require teaching Only in the higher branches of learning to the exclusion of elementary instruction could they give instruction Only in a foreign Tongue to the exclusion of Pur own ? As to discipline How often it has upon the subject must could they teach positive infidelity or immorality certainly n cause these things would defeat nor Fri cleared object of the schools but the w de stood object. And in any of ttys Here supposed the Power of a court or to interfere would War Ely be cd Tro and therefore if the construction am now claiming for the Consi and Laws be the True one the by Ard of cation possesses As Little authority to scribe the teaching of religion and Moi As they have to require the positive to a of immorality and irreligion. But i affirm with entire Confidence As a proposition of Law that had the Constitution been As silent As these Laws As to e purpose for which schools were to by established had it simply declared that it fab told be the duty of the legislature to establish school so the construction would be precisely the same that religious instruction would be As clearly contemplated As it4 is now by the express language of that instrument. In that events called upon to give a judicial definition of the term the court would examine the history of a schools a and ascertain what had been their character what had been taught in them and having thus ascertained what it was that had presented itself to the minds of the framers of the Constitution under the title would be a pared to declare their meaning Molj pre need pm m g scarcely refer to authorities to maintain this y re Witk it the outset or schools in vision n manifestly Ugat Orv. Justly Thien schools were to be Stab final hearing on the 29th of november in when your the Superior court before judges Storer Taft and Hagans sitting in general term on the question whether the injunction be made ritual. The court room was thronged throughout the Day by spectators interested in the proceedings. Several clergymen were accommodated with seats inside the bar and mingled with the Legal profession in listening to having been be necessary petition which recited the the arguments. A portion h of the heretofore published it Wil simply to refer to the orders in Bioh the papers appertaining to this Branch of the Case was introduced. Judge Hoadly with whom were associated judges Matthews and Stallo read the proceedings of the Board of education excluding the Bible in the common schools urged the injury which would result to the cause of education if the Resolution were carried and therefore asked the court to Issue a restraining order and upon final hearing to make the injunction judge Stallo read Ttye answer of the majority of the school Board. The answer and Mit that the Bible known As Kin assess. No Surprise was Felt donors forbade the execution of a contract Between the City acting by its common Council the municipal legislature and an individual who proposed to use the lamp posts in the streets for advertising purposes. No Surprise was expressed when the District court enjoined the execution of a contract to Supply Ttye City of Covington with water. It is the glory of our institutions that we have nowhere lodged any absolute discretionary Power. These Public officers Are appointed to the work of executing the Law not their own will. Municipal corp listed for the purpose of disseminating religious As Well As general knowledge Ana the principles of morality but in the teaching of religion regard was to be had to the rights of conscience that is to say sectarianism was to be avoided. Following the adoption of this Constitution several acts were passed by the legis lature making p of the school f Rovision for the distribution rations As Well As private corporations Are pm Huu und arising from the congressional Grant of lands but it was not until january 22, 1821, that the first Law was passed providing for the establishment of a system of common schools. It will be found on pages 1,176-8 of chases statutes. This act was followed by a very Large number of school system. Proposition. It has been decided that in them sence of any declaration in the Constitution As to the number of persons required to constitute a jury a jury of twelve men was intended because juries had been so composed prior to the Date of that instrument and because the term had a Well known signification. Now i by no Means intend to argue that the term a a school has such a Techi Ual Legal signification As the term a a jury or the words i Hareas i Olain Only that in the absence of express provisions upon the subject the general features of the school will be determined by reference to the understanding and practice of Mankind at and before the Date of the enactment. Viewed in this Light then it must have been within the contemplation of the framers of the Constitution that the teaching of religion bad been a leading object in every school establishment preceding our own and the sole object of Many. The schools of the grecian philosophers were chiefly devoted to the dissemination of knowledge concerning the nature of the gods and the spiritual nature of Man. The Public teaching of Pythagoras was but the expression of his a a speculation concerning the Harmony of the profound conviction of Many a immortal destiny a and the Paramount import of his moral nature a for Pythagoras during his sojourn among the egyptians had been told something of the True god which he More than half believed and Aristotle when he had instructed the macedonian Prince in ethics rhetoric and politics repaired to the lyceum to teach a philosophy to the athenian youth in which theology bore the most conspicuous place. In the third Century of the Christian Era the Church turned its attention to the subject of the education of youth and to this Day in All the Catholic countries of Europe this interest is committed almost exclusively to its care. A and in All the protestant countries and even in states and communities divided in religious sentiment As widely As Catholic and protestant Are divided religious instruction is regarded As of the first importance and is vigilantly maintained in every invested with certain Well Dennea Powers beyond which they can not go. Even the discretion with which the court itself is invested which is not ordinarily reviewable upon error May be reviewed if it a Laws enacted from time to time All or nearly All of which were repealed by the eneral Law passed March 14, 1853, still in Brce. It is not necessary that i should enumerate these Laws or consider their pro ars to visions in detail with reference to the aspect James be exercised wantonly or capriciously. The Board of education of the City of Cincinnati the City itself is amenable to the process and the decree of the court in the same manner and to the same extent As the Horn Blest citizen. Won m there is then nothing to hear in the present Case but its merits. I therefore directly to the in which i now desire to present them. These Laws do not prescribe the coarse of study be used the m pursued the text books to be e of Dio Iplie the qualification v read in the school that Many children attend no such schools receive no other religious instruction than that obtained in the Public schools and while they do not deny that religious instruction is necessary to fit children for the duties of citizens of the state and of the unified states yet they deny that it is proper to give that religious instruction in the schools of the state. The answer f Urther says that while the Public schools Are supported by equal taxation of the citizens Ana Are therefore open alike to All yet the Reading of the version of the by conscience of a Large portion of the citizens who believe in the Insp rat Ion of address myself question a a Are the plaintiffs entitled to the Relief prayed Forry i choose to anticipate and to concede that All will be claimed upon the part of the defendants As to the general nature of the Case which must be presented by the plaint ifs. It will not be sufficient a to show that the defendants in taking the action complained of committed a Mere error of judg ment. It must be shown that the action is illegal either by reason of positive prohibition or the entire absence of statutory authority or that in the exercise of Power Over is contrary to the i a subject within their general control they have acted so capriciously so wantonly so injuriously As to warrant the court in holding that their action was not directed by a old of teachers the duration of the period of Pupillage or any thing else relating to the practical administration of the system thus established. They provide for appropriate division of the territory of the various counties and townships into districts and sub districts for the election of directors and the organization of the Board of directors for suitable taxation for the support of the schools. These Laws simply provide for a they afford no More Light As to they were to Tye de manner in which that purpose than would have Bee done by the words a it is hereby declared that whether we regard the catechetical schools at borne the itinerary schools of the jesuits to which they owed to so Large an extent their great influence and Power the schools of Charlemagne or the Benedictine convents in which for five Long centuries nearly All that remained of literature and the arts was Sac redly preserved or the schools of modern Europe we find religious teaching the predominating element in most of them and in none of them deemed less important than instruction in the arts and sciences. A Omeli Gombus it Artibus sacrum has been written Over the portals of All of them. And i desire briefly to Call the attention of the court to the character of the systems of education of the various states of Europe As they existed at a recent Date. From a report made to the Ohio legislature in 1869, upon a elementary Public instruction in Germany a by Rev. Or. Calvin e. Stowe then professor of biblical literature in Lane Seminary i gather the following account of the primary schools of Germany particularly of Prussia and Wurtemberg common schools main be established and the various Legislatures that have acted upon the subject have been Content to allow years the embraces a course of eight the general ration of the object of the the Catho is testament Only and of the roman a a. A a lies who believe that their Church is the proper sense of duly and that it is therefore a. A 1 unlawful and void. The plaintiffs must schools contained in the Constitution to stand As the single and sufficient declaration of that object. And these remarks Appi Only True and infallible interpreter of the Bible and that the Reading of the Bible without note or comment is dangerous As leading to errors in doctrine and practice. For these reasons these defendants deemed it right that the obstacle standing Between the consciences of these classes of citizens and their enjoyment of the Public schools should be removed. Therefore the resolutions com tuition planned of in the a Imp Sage for i t a a a a a and a. My a Ramsey appearing on the Side a read the answer of the minority of Tion were passed. A a i temptation of Law plaintiffs Rufus King our 1of duo Atiqi same t the a the i j the City of Cincinnati has not Power to pro the special Law affecting the schools of will it be said that this silence of the legislation enactments leaves the whole subject within the control of the various local boards of directors undoubtedly they Are j f vier with respect to the management of the schools. But it is equally free from doubt that that discretion is Quot subject to the general purpose for which the a schools were established and con of education of trolled by it. There must be a. Discretion. It is readily found. Make a Strong cases the right must be Clear a the threatened injury great with the entire absence of any other remedy than that which is Here invoked. To show themselves entitled to the Relief prayed for the plaintiffs must establish two invested with propositions 4 i Isth that religious instruction is in con an essential element in Mit to this Ould it be Ivision comprising two years for children from six to eight years is taught four branches the first one being logical exercises or Oral teaching in the exercise of the Powers of observation and expression including religious instruction and the singing of hymns. In the second division of the period of time intended for children from eight to ten years instruction is Given in seven branches the third one in the enumeration being a religious instruction in select Bible Narra to Vos in the third division including children from ten to sixteen years old is a religious instruction in the connected Bible in the fourth division including children of the same age is Given a religious instruction on the religious observation of nature the life and discourses of Jesus Christ j the history of the Christian religion in Oonner

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