OCCASI

OCCASIONAL LETTERS AND SPEECHES ON IMPORTANT SUBJECTS,

RIGHTS OF CATHOLICS.*

Portsmouth, N. H., June 30th, 1849.

GENTLEMEN:-I have received a letter from you, making inquiries on the subject of "the rights of Catholics to establish schools and colleges for the purpose of teaching such useful languages and sciences as they may deem proper, together with the exclusive religious doctrines of the Catholic church." As you deem my views on this of sufficient importance to request them, I do not feel at liberty to withhold a reply, considering that there is nothing in the nature of the questions which renders it improper for me to comply, by their connection with the party politics of the day, or their liability to come before the judiciary for decision. This reply will be not in the spirit of an assault on others, who may differ from me in opinion, and especially the majority of the last Legislature of Massachusetts, in refusing to incorporate the College of the Holy Cross, at Worcester, and thus leading you to make the present inquiries. But it will be rather to oblige friends, by answering inquiries of so much interest; and, in doing it, to exercise and express courteously, yet I hope fearlessly, the same freedom of opinion on this subject, as a citizen, which they have done as legislators.

I consider this as a question going in some views much beyond that of mere "liberty of conscience," as usually understood, and to which you allude. Such liberty is guaranteed to all in Massachusetts, by the second article of her constitution; and in most, if not all of New England, as well as in other portions of the Union. Indeed, liberty

A letter to George F. Emery and others, of Boston, in respect to the incorporation of a Catholic college in Worcester.

of conscience, if restricted so as to embrace only freedom in public worship, is now permitted in Great Britain, as well as France, and several other portions of Europe.

Even in New Hampshire, which has been much censured on account of some provisions in her constitution bearing unfavorably against all not of the "Protestant religion," there is secured, most cautiously, liberty of conscience to Catholics, no less than to Protestants.

Thus, in the second section of the bill of rights, it is declared that "every individual has a natural and unalienable right to worship God according to the dictates of his own conscience and reason," "and no subject shall be hurt, molested or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments, or persuasion, provided he doth not disturb the public peace, or others in their religious worship."

But this sacred right, thus emphatically guaranteed to all in New Hampshire, no less than elsewhere, is only one of the rights connected with religion and the progress of civilization, which is claimed by Catholics, in common with other sects, not only in New England, but, perhaps, in all places where exists entire freedom in the worship of God. The other rights usually asked, and asked on the occasion before referred to, are to establish schools and colleges to teach languages and science, as well as their own peculiar tenets of religion.

If these are involved or implied in liberty of conscience, then the right to that includes the right to these; and, in securing that by the constitution, as already shown, these also are secured. But one of

these questions or claims may not be identical with the other, nor an inseparable incident. Because, to worship Deity freely is a devotional act of homage to him by each individual; but to instruct others in letters or religion is an act of benevolence towards erring men, and differs in form, if not substance, from the other. But all of these are interwoven and invaluable. Without the power to teach the religious doctrines which Catholics profess to believe to be vital to salvation, liberty of conscience would be stripped of many of its attractions and benefits. So the teaching of letters and science where one's own family and denomination can resort, is highly conducive, if not indispensable, to preserve equal intelligence and power with others in civil life, and that for which liberty of conscience itself is chiefly designed, viz., the enlightened and unfettered exercise of one's own peculiar faith.

More detailed reasons why these rights should extend to the teaching of literature, as well as religion, are, that intelligence, or a good education, especially in those destined, by a collegiate life, to become preachers, is highly useful in liberating the human mind and heart from error. Otherwise, it might be the blind leading the blind. To those not so destined, it is sowing the seeds of all which is conducive to the able discharge of duty in the professions, in commercial stations,

in the arts; and, indeed, by throwing new lights on the whole path of social life, aids the correct performance of duty in every station, from the humblest to the loftiest. The College of the Holy Cross educates young men, by preparatory studies, either for commercial life, the learned professions, or the priesthood, as may be desired; and is not, as are the impressions of many, confined exclusively to the last. It would be a marvel, if the region of free schools, of the founders of the earliest colleges and the printers of the first books in America, should now become unwilling to concede, as a right, the power of any citizens to extend the blessings of education; or should not go further, and encourage or aid all in the duty to manage in the most convenient and effective manner, whether through incorporations or otherwise, the funds raised voluntarily by themselves, or liberally bestowed by others, for such laudable objects, and to extend with them, thoroughly as possible, the rich fruits of literature, science and Christianity.

So far from discouraging this course, it is imposed as a constitutional duty, in both Massachusetts and New Hampshire, that their Legislatures should aid to diffuse both learning and science, as well as religion and morality; and cherish "the seminaries" of the former. Thus, in section second, chapter fifth, of the constitution of Massachusetts, it is declared that "it shall be the duty of the Legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them." In part first, article third, is the provision in favor of "piety, religion and morality." In the constitution of New Hampshire, part first, sections six and eighty-third, are similar declarations in favor both of religion and literature, as well as the sciences.

In further support of these views, it may be added, that it is one great topic of congratulation to the liberal and patriotic, as to the teaching and support of religion, that in Massachusetts, no less than in most of this country, no union of church and State is tolerated by her people in her constitution. They speak there for the present and all coming ages, till altered by them, and declare, virtually, that no particular sect shall be allowed to have public assistance forbidden to others, none alone allowed to have liberty to diffuse its doctrines in modes not open to others, - none alone declared entitled to incorporations or donations which are to be withheld from others. "Each denomination of Christians," as will hereafter be explained more fully, it is guaranteed, "shall be equally under the protection of the law."

To be sure, in part first, article second, of the constitution of Massachusetts, towns and parishes are permitted to make provision "for the support and maintenance of public Protestant teachers."

But it will be seen that there is in this nothing prohibitory on any sect of Christians, as a religious society, and much more as a corporation, from supporting their own teachers, or from any society being incorporated for this purpose. And it is still further removed from

any restriction on any religious denomination, being allowed an act of incorporation to manage its property, while educating young men. like the College of the Holy Cross, preparatory to a commercial life and the professions, as well as for teachers of religion. The only restriction in the constitution of either of the States referred to, on any denomination, to form and spread its opinions in the manner deemed by itself most proper, is a restriction imposed on all denominations, "not to disturb the public peace, or others in their religious worship."

It would be a wonder if such were not the rights and the practice in this country, so proud of its toleration and equal rights, when in England, once armed with her bloody codes against Puritans, no less than at other times against "Papists," the latter, as well as the former, are now allowed to hold office in the army, navy and Parliament, and permitted to enjoy, not only full liberty of conscience, but the right to teach literature, science, and their peculiar religion, in colleges, and receive some proportionate grants of money, even from the public treasury, to assist them in it, as, a few years since, if not before, at Maynooth. It is mere Protestant ascendency, not exclusiveness, which is now sought there, though under an alliance of church and State.

The only objection as to the mode of teaching in the College of the Holy Cross, as different from like institutions among Protestants, is not that it is exclusive in what it teaches as true Christianity; for so are they generally. But it is that a more exclusive compliance is required to its forms and discipline, or a stricter attendance on its religious instruction. If this be so, yet no more exclusive adoption of its code of faith is demanded, unless believed in; nor does its course of discipline on the subject prevent many Protestants from sending their children to Catholic institutions, where two of my own have been educated. And if fewer of other denominations attend this than other sectarian colleges, less ground exists for the charge and the fear expressed of their thus proselyting others.

While the Catholics, also, shall neither ask nor receive money from the public treasury, or from compulsory taxation, no ground exists for another objection, that the school fund, or other resources of the State, will thus be diverted so as not to be used for the benefit of all who may dislike conformity to any particular mode of religious worship.

If, after all this, the college at Worcester be not entitled to the rank and to the State endowments of a public institution, with the power of conferring degrees, this furnishes no reason why it should not receive an act of incorporation to manage its own property, and to aid in its course of useful instruction, as fully as any private association may for its purposes. Can it be less entitled to such a facility than every religious parish in the State? than a few bank projectors, or manufacturers, or friends to a branch railroad? Have they not a

right to equal privileges and favors, in respect to their property? Ought they not to be allowed the same, or as great, legislative means and security for their business, as a few inhabitants in some parish, or a few capitalists in some country village or city ward, when the former are, for some purposes, the organ of one-seventh of the whole population of the State, and are devoted to such laudable objects as instruction in letters, science, and religion?

But, independent of the private rights of all useful associations being equal to receive acts of incorporation, consider a moment, if it be not a public benefit to the State, and indeed the whole country, to have its Catholic population, as well as those of other sects, better instructed in letters and science? to have their young men better prepared, by a due "course of studies," for "commercial" as well as professional life? especially as they accomplish the laudable object at their own expense, and with general funds derived from the liberal donations of their own friends. And is it not useful to the public – the whole country to have them open their doors for all young men of all denominations for a like course of study and preparation, if they are willing to receive such instruction as is given to all, and conform to the discipline of the establishment? Besides these facts and reasons, it must be recollected that legislators in this country should be controlled by the provisions in the constitutions of their States; and, whatever they might have the naked power to do on this subject, when not restrained nor regulated by constitutions, they have by these constitutions no authority to give a preference by incorporations to one denomination over another, no power to establish a union of church and State with any one of them; and that the whole code of toleration and free principles on which our American institutions rest is opposed to any such discriminations. Most of our constitutions expressly guarantee each sect against any preference of others, in any way whatever. Hence this liberty to teach religion or literature on equal terms becomes a constitutional right in the members of each denomination, and one which Legislatures are not justified to disregard or refuse, any more than any other constitutional right. Thus, in the third article, and again in one of the amendments, to the constitution of Massachusetts, it is explicitly provided that "every denomination of Christians, demeaning themselves peaceably and as good subjects of the commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law." So, in New Hampshire, as she is among the New England States to whom you refer, is a like provision, almost verbatim et literatim, in the sixth article of her bill of rights, though she is often taunted as the most intolerant towards Catholics. These clauses furnish a new clear and constitutional guaranty against allowing any privileges to other sects which are not allowed to Catholics. It therefore follows, that if Unitarians, or Calvinists, or Methodists, are permitted to have acts of incorporation to hold and manage