* An unfinished reply to Bishop J. L. Spalding's article
"God in the Constitution," which appeared in the Arena.
Boston, Mass., April, 1890.
BISHOP SPALDING admits that "The introduction of the question of religion would not only have brought discord into the Constitutional convention, but would have also engendered strife throughout the land." Undoubtedly this is true. I am compelled to admit this, for the reason that in all times and in all lands the introduction of the question of religion has brought discord and has engendered strife.
He also says: "In the presence of such danger, like wise men and patriots, they avoided irritating subjects"—the irritating subject being the question of religion. I admit that it always has been, and promises always to be, an "irritating subject," because it is not a subject decided by reason, but by ignorance, prejudice, arrogance and superstition. Consequently he says: "It was prudence, then, not skepticism, which induced them to leave the question of religion to the several States." The Bishop admits that it was prudent for the founders of this Government to leave the question of religion entirely to the States. It was prudent because the question of religion is irritating—because religious questions engender strife and hatred. Now, if it was prudent for the framers of the Constitution to leave religion out of the Constitution, and allow that question to be settled by the several States themselves under that clause preventing the establishment of religion or the free exercise thereof, why is it not wise still—why is it not prudent now?
My article was written against the introduction of religion into the Constitution of the United States. I am opposed to a recognition of God and of Jesus Christ in that instrument; and the reason I am opposed to it is, that: "The introduction of the question of religion would not only bring discord, but would engender strife throughout the land." I am opposed to it for the reason that religion is an "irritating subject," and also because if it was prudent when the Constitution was made, to leave God out, it is prudent now to keep him out.
The Bishop is mistaken—as bishops usually are—when he says: "Had our fathers been skeptics, or anti-theists, they would not have required the President and Vice-President, the Senators and Representatives in Congress, and all executive and judicial officers of the United States, to call God to witness that they intended to perform their duties under the Constitution like honest men and loyal citizens."
The framers of the Constitution did no such thing. They allowed every officer, from the President down, either to swear or to affirm, and those who affirmed did not call God to witness. In other words, our Constitution allowed every officer to abolish the oath and to leave God out of the question.
The Bishop informs us, however, that: "The causes which would have made it unwise to introduce any phase of religious controversy into the Constitutional convention have long since ceased to exist." Is there as much division now in the religious world as then? Has the Catholic Church thrown away the differences between it and the Protestants? Are we any better friends to-day than we were in 1789? As a matter of fact, is there not now a cause which did not to the same extent exist then? Have we not in the United States, millions of people who believe in no religion whatever, and who regard all creeds as the work of ignorance and superstition?
The trouble about putting God in the Constitution in 1789 was, that they could not agree on the God to go in; and the reason why our fathers did not unite church and state was, that they could not agree on which church was to be the bride. The Catholics of Maryland certainly would not have permitted the nation to take the Puritan Church, neither would the Presbyterians of Pennsylvania have agreed to this, nor would the Episcopalians of New York, or of any Southern State. Each church said: "Marry me, or die a bachelor."
The Bishop asks whether there are "still reasons why an express recognition of God's sovereignty and providence should not form part of the organic law of the land"? I ask, were there any reasons, in 1789, why an express recognition of God's sovereignty and providence should not form part of the organic law of the land? Did not the Bishop say, only a few lines back of that, "that the introduction of the question of religion into that body would have brought discord, and would have engendered strife throughout the land." What is the "question of religion" to which he referred? Certainly "the recognition of God's sovereignty and providence," with the addition of describing the God as the author of the supposed providence. Thomas Jefferson would have insisted on having a God in the Constitution who was not the author of the Old and New Testaments. Benjamin Franklin would have asked for the same God; and on that question John Adams would have voted yes. Others would have voted for a Catholic God—others for an Episcopalian, and so on, until the representatives of the various creeds were exhausted.
I took the ground, and I still take the ground, that there is nothing in the Constitution that cannot on occasion be enforced by the army and navy—that is to say, that cannot be defended and enforced by the sword. Suppose God is acknowledged in the Constitution, and somebody denies the existence of this God—what are you to do with him? Every man elected to office must swear or affirm that he will support the Constitution. Can one who does not believe in this God, conscientiously take such oath, or make such affirmation?