From J. R. Osgood & Co., Boston: His Level Best, and Other Stories. By Edward E. Hale.
The Catholic World. Vol. XVI., No. 96.—March, 1873.
The Relation Of The Rights Of Conscience To The Authority Of The State Under The Laws Of Our Republic.
(A Lecture before a Catholic Society of S. Patrick's Church, New Haven, Conn., Oct. 20, 1872.)
Reverend Gentlemen and my Friends: Before I speak particularly of the relation of the rights of conscience to the laws existing in our republic, I consider it necessary to make a few preliminary remarks and to lay down a few principles regarding the nature of law and government in general, and the relation which they hold to religion. I shall best illustrate the difficulties which envelop this subject, and also give a clue to the way by which it may be extricated, by making a supposition.
Let us suppose that a large number of men come together for the purpose of founding a new state with all its institutions of civil society and government. Some of these are Christians, among whom are Quakers; others are Mohammedans, Hindoos, Thugs, idolaters practising human sacrifices, and communists. It is necessary that they should agree and concur with each other in regard to the rights which respect life, liberty, property, the pursuit of happiness in general and particular, and the means of protecting all these rights, otherwise no society or government is possible. But this cannot be done by any general consent among these different parties. The Christian holds the sacredness of life and property, and the force of the law of monogamy. The Mohammedan rejects this last, and maintains the right to a plurality of wives. The Hindoo regards it as a sacred right and duty of a widow to offer herself on the funeral pile of her husband, that her spirit may rejoin his spirit in another world. The Thug considers it a most holy and meritorious act to murder as many persons as possible in honor of the cruel goddess whom he worships; while the idolater looks on the sacrifice of children or captives as the means of placating his offended deities and procuring success [pg 722] in war. The Quaker will not allow of any bloodshed whatever, either for avenging crime or repelling aggression. And the communist would abolish all rights of property, reconstruct society on a wholly different plan from that which has heretofore existed, and banish all religion as noxious to the well-being of man.