“You do not dispute the fidelity of my quotation, sir?”
“By no means. The clause you read is a very useless exhibition of certain facts that existed just as distinctly before it was framed, as they do to-day. Congress had no power to make an established religion, or abridge the freedom of speech, or that of the press, or the right of the people to petition, before that amendment was introduced, and consequently the clause itself is supererogatory. You take nothing by your motion, Jack.”
“I do not understand you, sir. To me, it seems that I have the best of it.”
“Congress has no power but what has been conceded to it directly, or by necessary connection. Now, there happens to be nothing said about granting any such authority to Congress, and consequently the prohibition is not necessary. But, admitting that Congress did really possess the power to establish a religion previously to the adoption of this amendment, the constitution would not prove a palladium to religious liberty, unless it prohibited everybody else from meddling with the opinions of the citizen. Any state of this Union that pleases, may establish a religion, and compel its citizens to support it.”
“Why, sir, our own state constitution has a provision similar to this, to prevent it.”
“Very true; but our own state constitution can be altered in this behalf, without asking permission of any one but our own people. I think that even Sarah will understand that the United States is no palladium of religious liberty, if it cannot prevent a state from establishing Mohamedanism, as soon as a few forms can be complied with.”
Sarah coloured, glanced timidly at Michael Millington, but made no reply. She did not understand much of what she had just heard, though rather an intelligent girl, but had hoped that Jack and his friend were nearer right than was likely to turn out to be the case. Jack, himself, being a young limb of the law comprehended what his uncle meant, and had the grace to colour, too, at the manner in which he had manifested his ignorance of the great national compact. With a view to relieve himself from his dilemma, he cried, with a ready dexterity,—
“Well, since this won’t do, I must try the jury. ‘The trial by jury, the palladium of our liberties.’ How do you like that, sir?”
“Worse than the other, boy. God protect the country that has no better shield against wrong, than that which a jury can hold before it.”
Jack looked at Michael, and Michael looked at Jack; while Sarah looked at both in turn.