The Rights of the People
FROM COLONIAL CHARTERS
Next following the citations from Ferdinand, and Isabella, Elizabeth, and the others of Britain, the court sets forth documents of the New England Puritans which also plainly declare that “the establishment of the Christian religion was one of the purposes” of their settlement in the land. Here is the language of the court and of the Puritans:- ROP 121.1
“The celebrated compact made by the Pilgrims in the Mayflower, 1620, recites: ‘Having undertaken for the glory of God and advancement of the Christian faith, and the honor of our king and country, a voyage to plant the first Colony in the northern parts of Virginia; Do by these Presents, solemnly and mutually, in the presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better ordering and preservation and furtherance of the ends aforesaid.’ ROP 121.2
“The fundamental orders of Connecticut, under which a provisional government was instituted in 1638-1639, commence with this declaration:- ROP 121.3
“‘Forasmuch as it hath pleased the Almighty God by the wise dispensation of his diuyne pruidence so to order and dispose of things that we, the inhabitants and residents of Windsor, Hartford, and Wethersfield are now cohabiting and dwelling in and upon the River Conectecotte and the lands thereunto adioyneing; and well knowing where a people are gathered together the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent government established according to God, to order and dispose of the affayres of the people at all seasons as occasion shall require; doe therefore associate and conioyne ourselves to be as one publike State or Comonwelth; and doe, for ourselves and our successors and such as shall be adioyned to vs att any tyme hereafter, enter into combination and confederation togather, to mayntayne and presearue the liberty and purity of the gospell of our Lord Jesus wch we now prfesse, as also the disciplyne of the churches, which according to the truth of the said gospell is now practised amongst us.’” ROP 121.4
It is worthy of remark in this connection, that by this “historical” citation, the Supreme Court just as certainly justifies the employment of the “civil body politick” for the maintenance of the “discipline of the churches,” as by this and the previous ones it establishes the Christian religion as the religion of this nation. For it was just as much and as directly the intention of those people to maintain the discipline of the churches, as it was to “preserve the liberty and purity of the gospel then practiced” among them. Indeed, it was only by maintaining the discipline of the churches that they expected to preserve “the liberty and purity of the gospell” as there and then practiced. All their history shows that they never thought, nor made any pretensions, of doing it in any other way. And, in fact, order number four of these very “fundamental orders” required that the governor of that “publike State or Comonwelth” should “be always a member of some approved congregation,” and should take an oath that he would “further the execution of justice according to the rule of God’s word; so help me God in the name of the Lord Jesus Christ.” ROP 121.5
We know, and it can be abundantly shown, that the maintenance of the discipline of the churches by the power of “the civil Body Politick” is precisely what the churches of the United States are aiming at, and is what they design to accomplish through the enforcement of national Sunday laws. This is what is done always in the enforcement of Sunday laws, whether State or national. And all this purpose, the Supreme Court fully sanctions and justifies in its (mis) interpretation of the national Constitution, when it declares that the language of these “fundamental orders of Connecticut” and the language of the national Constitution is “one language,” “having one meaning.” ROP 122.1
The court proceeds:- ROP 122.2
“In the charter of privileges granted by William Penn to the province of Pennsylvania, in 1701, it is recited: ‘Because no People can be truly happy, though under the greatest Enjoyment of Civil Liberties, if abridged of the Freedom of their Consciences, as to their Religious Profession and Worship; And Almighty God being the only Lord of Conscience, Father of Lights and Spirits; and the Author as well as Object of all divine Knowledge, Faith, and Worship, who only doth enlighten the Minds, and persuade and convince the Understandings of People, I do hereby grant and declare,’ etc.” ROP 122.3
Yes, and the same document provided that in order to “be capable to serve the government in any capacity” a person must “also profess to believe in Jesus Christ, the Saviour of the world.” And according to the same document, in order to be assured that “he should in no ways be molested,” etc., a person living in that province was required to “confess and acknowledge the only Almighty and Eternal God to be Creator, Upholder, and Ruler of the world.” ROP 123.1