STATE, WAR AND NAVY BUILDING, WASHINGTON, D. C.
In 1825 and 1827 the free organization of trades-unions and banking associations was authorized, and thus was introduced into English jurisprudence the principle of free association familiar to the Roman Republic. In 1838, but more especially in 1844, limited partnerships with transferable shares were authorized by general law; and in 1862 freedom from liability beyond subscription was somewhat recognized. A form of partnership, société anonyme, has been known in France for six hundred years, and by law of 1867 may be organized without special leave. The managers alone assume full responsibility, and the association bears now a company name. Germany adopted the principle of general incorporation in 1870, as have the greater nations, excepting Russia and Austria.
So early as 1784 New York enacted a general incorporation law for churches, and for libraries in 1796. In 1811, woolen, glass, and some other manufactures were thus favored. The principle widened out, was adopted elsewhere, and became quite general by 1850. Pennsylvania adopted the policy in 1874, although its religious, library and charitable organizations had enjoyed such law since 1791.
XV. Religion.—Scorned, lashed, thrown into prison, his tongue cut out, banished to savage woods, such was the fate of the Massachusetts Quaker among the first settlers, and Roger Williams shared little better. A long stride had been taken when, in 1691, the Massachusetts charter proclaimed liberty of conscience for all “except papists.” Then was the brave and gentle Penn securing religious liberty to all confessing one God. Yet much further progress was essential. Roman Catholics were excluded from office except in New York and Maryland; while even in Pennsylvania no Jew could sit in the legislature. Most of the States required some religious test for higher offices; Massachusetts allowed no voters or officials outside of the Congregational church; and church membership was essential in Connecticut and New Hampshire. In 1776 Pennsylvania admitted to the legislature any who believed in God and in a future state of rewards and punishments. Massachusetts threw down the barriers to office in 1780, except that until 1821 the governor should be of the Christian faith; but office-holding was limited to Protestants in North Carolina until 1835, and in New Hampshire until 1877. Jews received the same rights as other sects in Connecticut in 1843, in Maryland in 1825. The Virginia Bill of Rights declared that all are entitled to the free exercise of religion, and a few years afterwards, in 1786, proclaimed further in words written by Jefferson that religious opinions shall never affect civil capacities, and that no man can be compelled to support religious worship. The Lake region was secured from molestation for religious sentiments by the Northwest Ordinance of 1787, and the Constitution not only secures all from such interference by Congress, but prohibits religious test for federal offices or establishment of religion by Congress. South Carolina made the Episcopal the State church in 1776, but dropped establishment in 1790. Support of religion was likewise abolished in Maryland in 1810, but continued in Massachusetts until 1833; and New Hampshire authorizes public Protestant teachers of religion. Maryland, Kentucky, and Tennessee exclude clergymen from office. Political hierarchies and polygamy are not within constitutional protections. Courts have declared Christianity part of the common law; but in present law its force is in its principles. Christian institutions, in common with other religious or charitable agencies, are favored in policies and exemptions; and blasphemies, like railings in general, are forbidden. Bible reading in public schools is generally discretionary with the school board, although held illegal in Wisconsin; but religious garbs may not be worn in such schools by teachers. A public hospital may not be erected on sectarian ground.
The English corporation and test acts excluded from office all without the established church, until 9 George IV.
XVI. Summary of Advance.—Increased respect for the rights of others, both individually and as nations, characterizes the law of this century, and may be perceived in every direction. It has created a new international law, developed democratic institutions at home and abroad, almost revolutionized criminal jurisprudence, extended the police power in every direction, and secured freedom of conscience and separation of church and state. It has emancipated woman, thrown a protecting care over children, and favored charities, asylums, houses of refuge. Imprisonment for honest debts has been abolished, and the wretched sight of debtors imprisoned for paltry sums no longer reproaches society. Homestead and exemption laws preserve the family. Honest bankrupts are again lifted up in hope. The legal means of settlement and recovery of rights has been greatly expedited. England has followed America in making lands assets for payment of debts; and claims against the State have received recognition in some of the States and under act of Congress, and likewise in England. Barriers excluding persons as witnesses have been broken down, first in Connecticut in 1848, next in England in 1851, and now there is little exclusion unless the adversary has died. Something had been done before in compelling answers to written interrogatories, but with a weakness and lack of logic that should have ridiculed the whole exclusion. Promotion of uniformity of laws has engaged the attention of State commissioners, who have drafted a code concerning negotiable instruments which has been adopted in four States. Constitutional amendment has afforded an entire race opportunity to develop from the low estate of slavery into such condition as the future shall manifest. Questions of civil rights, due process of law, and of equal protection and privilege, are constantly bringing State laws before the federal courts, as do questions of interstate commerce. Anti-pool and anti-trust enactments mark both federal and State law, and lately have broken up the alliance of the trans-Missouri transportation companies. Inheritance and succession taxes were imposed in Pennsylvania in 1826, and now are found in some dozen States. The progressive feature, or increase of rate with increase of estate, has been sustained by high authority. Congress has imposed such taxes, but its power to do so is in dispute before the United States Supreme Court.
PORTIA AND BASSANIO.
(Trial Scene from “Merchant of Venice.”)
In the early days of the republic property requirements existed both for office and for voting. New States came in with manhood suffrage established either by law or custom. Original States threw open the polls,—Maryland in 1810, Connecticut in 1818, New York in 1821, Massachusetts in 1822. The white labor of Virginia was denied the suffrage in 1830, but gained it in 1850. Similar movement in England is marked by the Reform Bill of 1832; and now manhood suffrage is universal in Germany, France, and Greece, and wellnigh so in England.