My country, 'tis of thee, Let music swell the breeze, Sweet land of liberty, And ring from all the trees Of thee I sing; Sweet freedom's song: Land where my fathers died, Let mortal tongues awake; Land of the Pilgrims' pride, Let all that breathe partake; From every mountainside Let rocks their silence break, Let freedom ring. The sound prolong.

My native country, thee, Our fathers' God, to Thee, Land of the noble free, Author of liberty, Thy name I love; To Thee we sing: Samuel F. Smith, 1832 I love thy rocks and rills, Long may our land be bright Thy woods and templed hills; With freedom's holy light; My heart with rapture thrills Protect us by Thy might, Like that above. Great God, our King.

MAY-JUNE, 1962 VOL. 57, No. 3 Declaration of Principles

25 CENTS WASHINGTON A COPY LIBERTY D.C. INTERNATIONAL RELIGIOUS A MAGAZINE OF RELIGIOUS FREEDOM LIBERTY ASSOCIATION

LIBERTY: A Magazine of Religious Freedom is published bimonthly for the International We believe in religious liberty, and hold that Religious Liberty Association by the Review and Herald Publishing Association, Washing- this God-given right is exercised at its best when ton 12, D.C. Second-class postage paid at Washington. D.C. Address editorial cor- respondence to 6840 Eastern Avenue. Washington 12. D.C. LIBERTY is a member of there is separation between church and state. the Associated Church Press. We believe in civil government as divinely ordained to protect men in the enjoyment of their natural rights, and to rule in civil things; ARTICLES and that in this realm it is entitled to the re- spectful and willing obedience of all. "THE PURSUIT OF HAPPINESS" Samuel B. Pettengill 7 We believe in the individual's natural and TAX EXEMPTION AND THE CHURCH Daniel Walther 10 inalienable right to freedom of conscience: to ECUMENICAL VOICES IN THE WIND 14 worship or not to worship; to profess, to prac- SEPARATION OR COOPERATION? Kenneth H. Hopp 16 tice, and to promulgate his religious beliefs, or to change them according to his conscience or CHERISHED AMERICAN FREEDOM IS RIGHT OF opinions, holding that these are the essence of PRIVACY IN THE HOME Newell Jones and Jack Tucker 18 religious liberty; but that in the exercise of THE CHURCH AS A SOVEREIGN STATE V. Norskov Olsen 22 this right he should respect the equivalent SUNDAY LAWS NOT RELIGIOUS? W. C. Moffett 26 right of others. We believe that all legislation and other gov- ernmental acts which unite church and state FEATURES are subversive of human rights, potentially per- secuting in character, and opposed to the best 4 FROM THE EDITOR'S DESK interests of church and state; and therefore, LETTERS 5 that it is not within the province of human FORMULAS FOR HAPPINESS 8 government to enact such legislation or per- form such acts. FOCUS ON FREEDOM 9 We believe it is our duty to use every lawful SENATOR SPEAKS OUT FOR RELIGIOUS LIBERTY 20 and honorable means to prevent the enactment THROUGH YESTERDAY'S WINDOWS 21 of legislation which tends to unite church and state, and to oppose every movement toward EASTERN ORTHODOXY AND SUNDAY WORK 29 such union, that all may enjoy the inestimable 30 EDITORIAL: MR. KENNEDY AND THE CONSTITUTION blessings of religious liberty. 32 WORLD REPORT We believe that these liberties are embraced in the golden rule, which teaches that a man should do to others as he would have others do to him.

Editor ROLAND R. HEGSTAD Associate Editors W. MELVIN ADAMS MARVIN E. LOEWEN THE INTERNATIONAL RELIGIOUS LIBERTY ASSOCIA- Art Editor Circulation Manager TION was organized in 1888 by the General Conference of Seventh-day Adventists. Including in its ranks champions of TERENCE K. MARTIN ROY G. CAMPBELL freedom of many religious persuasions, the Association is dedicated to preservation of religious liberty, as is indicated in the Declaration above. The Association advocates no political or economic theories. General secretary, Marvin E. Loewen; associate secretaries. W. Melvin Adams, Roland It. Hegstad.

Contributing Editors C. N. ABRAHAM, Southern COPYRIGHT: The entire contents of this issue is copyrighted DR. JEAN NUSSBAUM, Paris Asia; G. ARTHUR KEOUGH, © 1962 by the Review and Herald Publishing Association. All Middle East; W. RAECKER, rights reserved. W. L. EMMERSON, London Central Europe; C. D. WAT- KENNETH HOLLAND, South- SUBSCRIPTION RATES: One year, $1.25; one copy, 25 cents. SON, Northern Europe; C. P. Slightly higher in Canada. Subscription rates subject to change ern United States SORENSEN, Far East without notice. All subscriptions must be paid for in advance. Except for sample copies, papers are sent only on paid Foreign Correspondents Editorial Secretary subscriptions. E. E. WHITE, Australia; W. JEANNE REVERT DUNCAN EVA, South Africa; CHANGE OF ADDRESS: One month's notice is required. J. J. AITKEN, South America; Layout Artist Please report any change of address to the Review and Herald Publishing Association. Washington 12, D.C. Send both old C. 0. FRANZ, Inter-America; GERT BUSCH and new addresses, enclosing. if possible, your address label.

MAY-JUNE 3 from the editor's desk

XCUSE me while I get my foot out of my mouth. by "religious beliefs" he referred to the inequity E There. It happened this way. In a March-April visited upon seventh-day Sabbathkeepers, who under Liberty editorial I quoted the Massachusetts Senate the present law must close two days to their competi- President, John E. Powers (D-South Boston), on the tors' one. As to the "biblical ... requirement of a day Sunday law problem faced by the State legislature. of rest in seven" we would point out that since in- Said the Senator, "We've got to straighten out the terpretations vary on what day should be the day of whole matter . . . liberalize the statutes without un- rest, Massachusetts could well confine itself to insist- sanctifying the Sabbath." Now it may be that Senator ing simply on one day of rest in seven, as a number of Powers had tongue in cheek when he said this— States do. The Senator's suggestion that the Massa- tongue in cheek and foot in mouth are occupational chusetts Sunday laws be thrown out entirely and a hazards for both editors and politicians—but I have new start made would appear to be preferable to come to believe that he did not reflect a disregard amending further the already more than seventy times for constitutional principles as I initially concluded. amended Massachusetts code. Here's why: Cometh Lincoln's birthday and a Freedom Forum Before leaving the Mercantile Affairs hearings, I in Boston's John Hancock Auditorium. The editor heard the eloquent speech of Senator A. Frank Foster of Liberty spoke on "Sunday laws—Are they good (D-Mattapan), who had also been on the platform at for America?" Seeing as how the hall was well filled John Hancock Auditorium. Senator Foster urged and the speaker reached the right conclusion, a royal that the blue laws be done away with and new statutes good time was had by all—with the exception of the written from scratch. Sunday law proponents come to scout the opposition. Acting as honorary chairman for the forum was Other bright spots in the nationwide Sunday law Senator Powers, whose introductory speech reflected confusion have been appearing. Representative John not only a thoughtful appraisal of the Massachusetts C. Webb of Virginia was one of a nine-member Sunday law picture but also a healthy regard for con- committee that backed a strengthened Sunday bill stitutional principles. (Ah, well, wait till tomorrow, in the last State legislature. In this session Mr. Webb when the Senator will speak before the Mercantile has introduced a bill which, if enacted, would repeal Affairs Committee, which is to recommend a course all blue laws. Why the change of mind? "It was a of action to the legislature.) Cometh tomorrow. Com- grievous mistake to pass the Sunday law bill. It has eth three to four hundred people. Cometh Senator only brought confusion, discrimination, and violent Powers. Cometh utterances like these: reaction in many parts of the State. . . . I have con- "The United States Supreme Court held by a 6 to 3 cluded that morality cannot be forced through legis- majority that the Massachusetts Sunday closing laws lation. If . . . people truly desire to respect the did not violate equal protection of the laws nor were Sabbath, it is only necessary that they find within they within the constitutional prohibition of laws re- themselves the will to do so." specting an establishment of religion. In Minneapolis, Mayor Naftalin vetoed the Sunday "But it is significant that three justices—Douglas, ordinance passed by the city council, and with fine Brennan and Stewart—dissented on the grounds that logic demolished the proposition that it would "pro- constitutional guarantees as to free exercise of re- tect the mental and physical health of individual ligion were violated. citizens" and enable them to "have a day of repose "If three distinguished justices of the United States and relaxation with their families." Supreme Court can differ with this interpretation, A Michigan legislative committee has recommended surely you and I may be forgiven for entertaining repealing that State's archaic and discriminatory some doubts." (and unenforceable) Sunday law and enacting a secu- lar statute patterned after the new Texas Saturday- The Senator did find the tightrope between civil Sunday law. law and religious motivation a bit difficult to negoti- All across America are men of integrity who vote ate in one passage: "We shall attempt to meet de- their convictions both for and against Sunday laws. mands of . . . all . . . groups who feel themselves ag- But from the growing awareness of many to the true grieved—without, however, doing too much violence issues involved, we take courage, believing that to religious beliefs and the biblical, physical and champions of freedom shall yet stand forth in in- emotional requirement of a day of rest in seven." But creasing numbers. we shall do the Senator the honor of concluding that ROLAND R. HEGSTAD

4 LIBERTY, 1962 LETTERS

THE PRINCE OF PEACE DEAR SIR: Your cover picture of the January-February issue was the most inspirational and thrilling piece of art that I have seen in recent years! Enclosed is my dollar for a copy, which I shall frame and hang in the church office. My congratulations to your staff and to Artist Harry An- derson. Your magazine has grown in editorial and publishing stature until many of us believe it is one of the great among religious publications of our day. It is our hope that LIBERTY stays around for a long, long time, for it answers a great need for our day and time.—CARL E. HEARN, Pastor, First Methodist Church, Ottawa, Illinois.

DEAR SIR: C01-1YRIC1HFT1, 19627 REVIEW AND HERALD PAINTING BY HARRY ANDERSON THE PRINCE OF PEACE I was inspired to preach a sermon from the wonderful cover picture and also to write an interpretation for some of This popular picture by the internationally famous our youth to use at a rally.—JOE HAZLITT, Pastor, The First artist Harry Anderson, which appeared on the cover of the January-February LIBERTY magazine, is reproduced Methodist Church, Stilwell, Oklahoma. in large size (16" x 22") suitable for framing. It is [We reprint here one paragraph from Mr. Hazlitt's printed in full colors on high quality textured paper. interpretation:) Copies are available from LIBERTY editorial offices. "Overarching and overshadowing all else in the work of art Price, $1, postage included. is that figure in the sky. From out of the realm of the super- natural He emerges—from the blue sky of God's eternity, you recognize the need of Christ inside the solemn assemblies. He invades the stream of human events. He comes seeking to It is one of the most beautiful pictures I have ever seen. influence the affairs of men. Still robed in the familiar attire It is too bad that the writers of the articles in the magazine of His earthly pilgrimage nearly two millenniums ago, He do not take this picture seriously. The article entitled "Amer- looms infinitely larger on the world of contemporary affairs. ica's Missing Freedom" is so filled with inaccuracies that I For He is, literally and in fact, the only hope. He, not the believe the author could take a course in basic logic. Our U.N., is the world's very last hope. Only He can prove to be present government is . . . infiltrated with men who use God 'the Prince of Peace.' And ere the days of grace for men are as a three letter word to fill in spaces in a speech and are fully spent, He stands at the door to knock. He seeks entrance very happy to keep the convicting message of Christ within into the reckonings of men—from the least to the greatest and the small confines of the building which many people call from the lowest to the highest levels of human affairs. What the church. The Church is the Body of Christ and His voice He said in the vision to Saint John is true for all generations, will not be kept out of any element of society because He is even this twentieth century. 'Behold, I stand at the door, and God and no matter how you try to deny it, God's world be- knock.' " longs to Him and not to you. I do sincerely hope and pray that you will see Him and DEAR SIR: put this wonderful energy and talent into the energy of His words, His actions, His atonement, His redemption, and His Please send me one (1) copy of the cover painting on the salvation, which is the only hope for the world.—THE REV- January-February, 1962 (Vol. 57, No. 1), issue of LIBERTY. EREND JON K. SMEDBERG, Rector, Emmanuel Episcopal Enclosed is $1.00. I am so pleased to see by this cover that Church, Rockford, Illinois.

OUR COVER PICTURE: Petunias and yellow daisies against a background of birch and green . . . Rural homes with wood stoves and covered porches, and floors that squeak under solid step . . . Homely flowers, petunias and yellow daisies, three notches under corsage quality and hothouse rank. Homely houses too, the kind torn down for new Suburban Acres and Belshire Estates; the kind seen between Newport and Grosse Pointe but never in. Come to think of it, maybe homey would be the better word for both house and flowers. And honest would do for the unpretending trees, and the unpretentious folks who make up this bit of rural America. Far cry, this land, from the modern cities, with their thin-tipped spires piercing smoggy skies. And far cry its people from the thin-lipped men of hurried step and smarting eyes, whose lawns are asphalt and whose trees carry wires. But this too is America—America the honest, America the homey, America the un- pretentious—and to the millions who love the land, America the beautiful.

WINSTON POTE FROM SHOSTAL

MAY-JUNE 5 THE SIN OF SEPARATION Protestant and Catholic, seem to enjoy their outlook, and justify their disposition toward their separated brethren by DEAR SIR: clothing themselves in so-called righteous indignation! Please find enclosed $1.25 for a new one-year subscription to While it is morally impossible to agree with your views on LIBERTY. I would like it to begin with a copy of the January- every point, there are many Catholics, both clergy and laity, February issue. who feel as you do on many problems. Despite a number of A friend loaned me a copy of that issue and I read Mr. groups of "Catholic Men" who have worked to promote Lowell's article "The Sin of Separation." I heartily concur in Sunday-closing laws, there are others of us who feel that his remarks, and also feel that American Protestants especially any civil laws enacted to enforce religious principles are a should hear more of his viewpoint.—HAROLD L. FELTE, disgrace and morally incompatible with many aspects of Windsor, Colorado. Catholic jurisprudence. The same feeling might equally apply to civil laws concerning birth control, etc., which, as you know, were inspired by New England Protestants to NEW SUBSCRIBER begin with. DEAR SIR: Once in a while a whisper of prejudice or bigotry creeps in your columns, but when it does, it's quite easy to detect. For some time you have been sending me LIBERTY, for . . . For a denomination that many people feel is more "anti- which I had not subscribed. I think it is about time I carry Catholic" than "anti-sin," you're using a lot of restraint, end- my own load. So, enclosed you will find my check for a one- ing a lot of bias, and accomplishing a great deal of good.— year subscription. LIEUT. DONALD R. FERGUSON, San Francisco, California. It is difficult to find anyone in the United States who does not profess to believe in religious liberty. Even those who be- INTO THE TRASH CAN . . . lieve in liberty for their own religion only. But history teaches that he who limits the liberty of another will soon forfeit his DEAR SIR: own. Please continue sending me your unsolicited magazine Carry on; you are doing what is needed to be done.— LIBERTY. It gives me great pleasure to dump it into the trash ALFRED ARAM, San Jose, California. barrel along with the garbage—this way I know one more copy [All subscriptions to LIBERTY are paid for by someone, is permanently out of circulation. Send me all the copies you if not by the subscriber, by someone who thought he can spare—I'll even buy a larger trash barrel.—MRS. E. R. might appreciate it. A number of churches interested in GUTIERREZ. religious liberty sponsor subscriptions for prominent members of their communities.—En.) . . . AND OUT DEAR SIR: LIBERTY—PRO AND CON Your January-February issue of LIBERTY was to me a real DEAR SIR: FIND. I picked it out of a trash can at our local post office. Truly I didn't know of your publication. I am herewith en- In all my years I have never seen a publication so full of closing $1.25 for a year's subscription. hypocrisy, bigotry, hate, untruths, and un-Americanism as . . . The fact that the addressee had deliberately disposed of the [LIBERTY]. magazine is indicative of the ignorance which most persons I have been an active Catholic for many years and never have of the gravity of dangers now confronting us. Yet, once have I heard a word uttered in the church or by a priest outside of the church against another faith. You people might many of these broad, liberal persons have no fears. I feel do well to emulate this example. that they are but simple tools for the subversives who are During this world crisis why don't you c'hannel your efforts determined to enslave our country at the earliest possible to something constructive instead of inciting hate, as you are date. More power to you in your gallant fight for our most obviously doing? . . . cherished heritage.—W. S. THOMPSON, Vernon, Alabama. If you weren't so badly misinformed and bigoted, you would realize the Catholic Church is for separation of church EX-LIBERTY SALESMAN MAKES GOOD and state.—COL. JOSEPH KAMINSKY, Apple Valley, Cali- DEAR SIR: fornia. I just saw your January-February 1962 issue and I was so pleased that I would like to subscribe for one year. DEAR SIR: The article pertaining to religious freedom and pointing From time to time it has been my opportunity to read vari- out the necessity for protection from the other fellow's religion ous editions of LIBERTY. In all honesty I must confess that I was an outstanding effort. have been quite impressed with the quality of its presentations, Selling LIBERTY magazines thirty years ago in Southern and in particular, the objectivity with which most of its con- California was my first venture into the business world. I tributions are written. Surprisingly, I think this objectivity is must say that the magazine has certainly changed and I liked particularly noticeable when you treat of items which are Cath- what I saw in your current issue.—RICHARD M. BOND, Presi- olic in nature. dent, Island Engineering Limited, Nanaimo, B.C. Too many times a magazine such as yours seems to go off the deep end, and in finality is mere fodder for the hungry JUDICIAL LEANING stomachs of bigots. I daresay that 99 per cent of the Protestant DEAR SIR: laity who relish juicy tidbits such as Maria Monk, the Wine of Roman Babylon, and the preposterous and absurd claims of I have been receiving this magazine for some time and en- the phony self-styled "escaped" nun, Sister Charlotte—I dare- joy it very much. I lean on it heavily for material and quota- say that only one per cent of these people would read or tions. It is a splendid magazine.—JUDGE ROY L. HENRY, listen to a rebuttal of any kind. Most prejudiced people, both Ironton, Ohio.

6 LIBERTY, 1962 Far more than the happiness that comes from the laughter of children, good health, a good dinner, the warmth of home, is implied in these words of the Declaration of Independence.

HON. SAMUEL B. PETTENGILL

OU WILL NEVER fully understand the im- among them Locke, Milton, and Aquinas, to the teach- mortal Declaration of Independence until you ings of the Bible. Yreflect upon the meaning of "happiness" as it First, the Declaration itself. It connected man's rights was used in 1776 and in the years before then. and duties directly with God. "All men . . . are endowed, "The pursuit of happiness" are strange words to be by their Creator, with certain unalienable rights, that found in a government document. But in 1776 these among these are life, liberty and the pursuit of happi- words had a different meaning than they do now. It ness." Life, liberty and the pursuit of happiness all came was in addition to the things we think of—the happiness from God. that comes from good health, a good dinner, the laughter Based on "the laws of nature and of nature's God," of children, the warmth of home, the bliss of love, and the Declaration ends with an appeal "to the Supreme the feeling of accomplishment, to say nothing of sports Judge of the world for the rectitude of our intentions." ... and the 40-hour week. It meant more than these. For its support, they relied on "the Protection of Divine It is, of course, well-known that the Declaration of Providence." Independence had a religious base tracing back through In 1776, every law office in the 13 Colonies had one the words of philosophers and divines of all faiths, book, if no more. This book was Blackstone's Com-

MAY-JUNE 7 mentaries on the Laws of England. It was published in not only with the creature pleasures of the individual, 1765. In it, Sir William Blackstone had gathered up but also with the concord of the community and the the common law of the mother country as it had de- "domestic tranquility" of the United States itself as later veloped over hundreds of years. The common law was set forth in the Preamble of the Constitution. the law of the people, "those usages and customs which Americans are unaware that most of them have have prevailed on this island since that time whereunto actually pursued happiness as the Declaration intended. the memory of man runneth not to the contrary." But it is only because they have done so that the unity These usages and customs of the people of England, of the nation has been broken only once in 180 years. and more especially of those who settled here, were In an age when atheistic communism is on the march, largely based on the teachings of the Bible. So, 11 years it is surely worth our reflection that "Religion, morality before 1776, we find Blackstone saying in his law book and knowledge are necessary to good government and that "God has so inseparably interwoven the laws of the happiness of mankind" (Ordinance for the Govern- eternal justice with the happiness of each individual, ment of the Northwest Territory, 1787). that the latter can not be attained but by observing the Long before Blackstone—going back to Jamestown former; and, if the former be punctually obeyed, it and Plymouth Rock and up through the "Great Awaken- cannot but induce the latter. In consequence of which ing" of the 18th century—a religious ferment had been mutual connection of justice and human felicity . , He at work. The words of Jonathan Edwards, George White- has graciously reduced the rule of obedience to this one field, John Wesley, David Brainerd and many other paternal precept, 'that man should pursue his own true ministers and priests became the language of statesmen and substantial happiness.' " and patriots. They became the faith that built America. The pursuit of happiness was therefore to do God's Thus they laid "a foundation for after ages to under- will and live in accordance with His law. It had to do stand" (William Penn, 1676). These leaders in the pulpits, law courts, public plat- forms, colleges, newspaper offices and legislative halls grew to manhood on the Bible. "Happy is that people whose God is the Lord" (Psalm 144:15 ). "He that keep- FORMULAS FOR HAPPINESS eth the law, happy is he" (Prov. 29:18). Can you complete them? In the New Testament they read that "if ye suffer for righteousness sake," or "if ye be reproached for the 1. "Happy is that people . . . whose " (Ps. 144:15). name of Christ, happy are ye" (1 Peter 3:14 and 4:14). This kind of happiness illuminates Bunyan's Pilgrim's 2. "He that , happy is he" (Prov. 29:18). Progress, 1678, the second most widely read book of the time. However arduous the way was for Great-Heart and 3. "If ye , happy are ye" (1 Peter 3:14). Valiant-for-Truth, "a glowing coal was in their hearts." It was the teaching and philosophy of the age that 4. "If ye be for the name of Christ, happy are ye" (1 Peter 4:14). "laws must conform to the LAW"—the law of God. The pursuit of happiness was therefore living according 5. "Blessed is every one that __ to conscience and God's law. ; that For thou shalt eat the labour of thine hands: Turning from Holy Writ to the founders of our na- happy shalt thou be, and it shall be well tion, we find that they said: with thee" (Ps. 128:1, 2). "Religion and morality are . . . [the) great pillars of 6. "He that hath human happiness." George Washington, in the Farewell happy is he" (Prov. 14:21). Address. 7. "Happy is the man that , and In his inaugural, John Adams, our second president, the man that " (Prov. 3:13). spoke of "virtue and religion . . . not only for their 8. " and are . . . [the] great pil- benign influence on the happiness of life . . . but as the lars of human happiness."—George Wash- only means of preserving the Constitution." ington, in the Farewell Address. Jefferson, our third president, wrote: "Without virtue, 9. "Without , happiness cannot be."— happiness cannot be. . . . Religion is a supplement to Thomas Jefferson. law in the government of men." 10. Am happy? The Bill of Rights, adopted in 1791, declares that "Congress shall make no law respecting an establishment ANSWERS of religion, or prohibiting the free exercise thereof." But inok akin VA !anl.un any implication that the Constitution is therefore neutral '6 !Allielow :uopziliall g :2u!pumsiapun manaS :umPsilm with respect to religion, as such, is shown to be un- mapug •L :iood alp uo imam .9 !sient spq u! gpment :p.uvi aqi malea! .9 :pameoidai :ales ,ssausnoaul2p warranted by these statements of three presidents made Jo! Ialins .9 :me! madaal .g :pawl aye si poi .i after the Bill of Rights was adopted.

8 LIBERTY, 1962 These statements were deliberate. Others of the same be that Providence has not connected the permanent purport had filled the air of colonial America since the felicity of a nation with its virtue ... that the happiness of landing of the Mayflower. William Penn, founder of the people of these States may be made complete?" Pennsylvania, had said that if men refused "to be gov- It is not strange therefore that the Great Seal of the erned by God, they would be ruled by tyrants." United States, adopted in 1792, pictures the all-seeing Another founder of Pennsylvania had said: "Lay such eye of Divine Providence watching over the affairs of lasting foundations of temperance and virtue as may men. Our fathers hoped their young republic would support the super-structure of our future happiness." become, truly and literally—"God's country." The Fundamental Orders of Connecticut of 1639 de- "Happiness" in 1776 had a moral, an ethical and a clared that: "God requires that to maintain the peace religious meaning. The "rights of man" which the and union of a people, there should be an orderly and Declaration set forth are those things which it is morally decent government established according to God." "right" for man to have. As "all men" are equally en- Reverend Samuel Quincy, 1750: "Our greatest In- dowed with them by their Creator (not by government), terest and Happiness consists in loving and fearing God, no one can rightfully deprive another of them. No man and in doing His will." "booted and spurred" has any right "to ride mankind." James Otis, the patriot lawyer who argued against This faith is the greatest weapon and defense which we the infamous Writs of Assistance in 1769, said that the have in the great struggle in which our country is now true foundation of government was "the unchangeable involved. will of God." Our fathers believed that if each American then, and George Mason, author of the Virginia Bill of Rights, now, always obeyed "the laws of eternal justice," he and 1772: "All human Constitutions which contradict His his neighbors and fellow citizens everywhere, would be laws, we are in conscience bound to disobey." Because happy. Their consciences would be clear, their sleep un- Liberty came from the Creator, "Resistance to tyrants troubled, and they would find their repose on the bosom is obedience to God." The Revolution was fought with of the great Lawmaker. In His will they would find deep religious convictions as well as guns. peace. Samuel Adams, the firebrand of the Revolution in the What a lesson our forefathers set for those today who North, as Patrick Henry was in the South: "Let states- try to pursue what they call "happiness" outside of God's men and patriots inculcate in the minds of youth the law! Our fathers knew that a million statutes are no fear and love of Deity." substitute for the Ten Commandments and the Golden A final quote from the Farewell Address: "Can it Rule. *** focus on freedom

Plans for Buddhist Religious and Cultural American tourists as well as the increasing num- Center Revealed in Washington ber of Asians in the nation's capital. Washington, D.C.—Plans for a Buddhist re- Court Rules Black Muslim Sect ligious and cultural center in the nation's capi- May Hold Services in Prison tal that would include an 80-foot aluminum statue of Buddha were unveiled by an organiza- Members of the fanatical anti-white Black tion to be called the Buddhist Center of the Muslim sect serving prison terms must be per- United States of America. mitted to practice their religion in jail, the Ambassador H. E. W. Gopellawa of Ceylon New York State Court of Appeals has ruled. announced the project, estimated to cost at least It said that cult members are entitled to the $5 million. He is vice-president of the nonprofit same privileges given by prison authorities to corporation that will solicit funds for the struc- other sects. ture. Last year a group of Black Muslims im- Beneath the gold-leaf-covered statue of prisoned in Attica Prison filed a complaint in a Buddha, one of the largest in the world, would Buffalo court contending that they belonged to be a number of shrines for worship, to be dedi- a religious organization and were being denied cated by various Buddhist countries. Plans also worship facilities in prison. call for an auditorium, library, and accommoda- They charged that prison officials were violat- tions for visiting Buddhist scholars and clergy. ing the U.S. Constitution in not granting them The corporation expects the monument to be permission to hold services. built on a four-acre site that would include a The Muslim sect advocates the doctrine of garden, fountains, a pagoda, and a tea house. It black supremacy and race hatred, and favors would be expected to attract thousands of the return of all Negroes to Africa.

MAY-JUNE 9 1/1/8 TNf amew

DANIEL WALTHER, Ph.D. Professor of Church History Andrews University, Berrien Springs, Michigan

Should the churches be granted tax exemp- these cities are hard pressed to raise enough tax revenues to meet the needs of urban development. Milwaukee is tions by the state? What are the principles in- estimated to be losing $2.5 million a year in real estate volved? Can business subject to the 52 per cent taxes to church and fraternal property owners. Federal corporate income tax be expected to Churches own radio stations, hotels, office buildings, park- ing lots, bakeries, warehouses. They do contract printing, in- compete with church-owned industries that go vest in stocks and bonds, and speculate in real estate. They tax free? And what of the church itself—will have investments in stocks and bonds that for some major denominations run into millions of dollars.' material wealth be its undoing? These are some Revenue flows into church treasuries from properties of the questions that are being debated with in- that include tenants such as taverns and pool halls. Yet creasing fervor from coast to coast. they pay no Federal income tax—even if they profit from unrelated business enterprises—no property taxes, and estate and gift taxes cannot be levied on them. Many examples of exemption abuses have been cited: Thirty years ago about 12 per cent of real property In Montana a ninety-five-thousand-acre wheat ranch was tax exempt; today the figure is approximately 30 has been sold to a "charitable" trust in Omaha for two per cent. Churches and other religious organizations million dollars. Its earnings, which had been subject to account for one third of this. Says a prominent church- a 38 per cent tax, are now tax exempt. man: in view of their favored tax positions, "with rea- Proceeds from thirty-five thousand acres of cotton sonably prudent management, the churches ought to land in California's San Joaquin Valley now go to an- be able to control the whole economy of the nation other "charitable, nonprofit corporation." These two within the predictable future." ranches have drawn almost five million dollars in U.S. Both churchmen and statesmen are becoming in- farm loans. Thus the U.S. Government guarantees that creasingly sensitive to the questions involved in tax- they will make a profit, while at the same time it is not exemption abuses. Samuel Cardinal Stritch of Chicago able to tax these profits!' has protested against pious profiteering. E. Carson Blake, Radio and television station WWL in New Orleans, president of the National Council of Churches, has sug- owned and operated by the Jesuits of Loyola University, gested careful consideration of the questions of the repeal sells time for commercial advertising, while enjoying a of tax exemptions that let churches engage in tax-free tax exempt status as a church institution. business enterprises that are in competition with regular So much church-owned land is exempted from taxes business concerns, and voluntary contributions by the in Nashville, Tennessee, and Boston, Massachusetts, that church of from 1 to 10 per cent of the estimated value of

10 LIBERTY, 1962 their real estate.' And the House Ways and Means Com- istence, constitute a 'cheap defense of nations' but furnish mittee is taking a long look at church tax-exemption a sure basis on which the fabric of civil society can rest practices. and without which it could not endure."' The problem of tax exemptions is not uniquely Religious Corporations and the State American. It existed long before the American Republic. The feudal regimes of Europe extended "tax grace" and While the legislative tradition of tax exemption in a privileged status to the church, which abused its privi- the U.S. has its origin in England, there is a basic lege by establishing lucrative industries and businesses difference between English ecclesiastical corporations and —tax free. those of the United States. In English law the churches are composed "entirely of ecclesiastical persons and In France, prior to the Revolution, taxation implied e dishonor, and was exacted only from the lower classes. subject to the ecclesiastical judicatories." The great The lower the class, the higher the taxes. Higher echelons Scottish economist Adam Smith, who theorized on the of the French clergy, along with the wealthy aristocratic reasons that make a nation wealthy (1776), urged the classes, were counted among the "privileged," and as consideration of the social services that can be rendered such paid no taxes. The French Revolution itself was by the church.' In contrast, corporations in the United to a large extent caused by the church's ruthless ex- States are creatures of the law and can exercise only ploiting of its privileges. such authority as the law gives them. The medieval church had become in several feudal In order to clarify its position toward the churches, countries of Western Europe the wealthiest landowner the state is first led to define church. A court decision in and had caused honest Christians and entire movements New York defined the church as consisting of "an indefi- to go underground; poverty became an ideal to medieval nite number of persons . . . who have made a public pro- reform groups—poverty was the "bride" of Saint fession of their faith; and who are associated together Francis. "Holy profiteering" furnished the dynamite that by a covenant of Church fellowship for the purpose of caused bloody revolutions, disrupted reformation, and celebrating the sacraments and watching over the spirit- led eventually to the expropriation of church property. ual welfare of each other."' Obviously, the pitfalls of the feudal regime do not A church is an incorporated ecclesiastical society and obtain in the United States, but even a constitutionally is, of course, not a business corporation. When a church liberal structure has not removed the dangers that face is organized it may form a church corporation, which a materially wealthy church. The church, which has is a legal device enabling it to keep separate from the prospered in adversity, has too often found wealth to be state: "The Church which is powerless in the temporal its undoing. order is assisted by a legal agency—the corporation, The Principle which in turn has no authority out of the spiritual realm." Thus there is a "juxtaposition of the ecclesiastical Tax exemption for the church is not a matter of con- body and a recognized corporation.' stitutional right; it is intrinsically a matter of legislative All States do not look upon church corporations in the grace offered by various States as well as by the Federal same light. The spectrum ranges from complete pro- Government. hibition of religious corporations ( as in Virginia and Since tax exemption is merely a legislative tradition— West Virginia) to the recognition and acceptance of all not guaranteed by the U.S. Constitution—it may be religious groups (as in Arkansas, Mississippi, New taken away. It is, of course, implied that tax exemption Hampshire, and North Carolina ).72 The corporation can applies solely to church activity; it refers to the land exist without the church and the church without the necessary for the church and to charitable community corporation. "The corporation created by the State may projects that the State, at least tacitly, delegates to the continue though the Church is dissolved, while the churches. This attitude by the State has been expressed Church may continue though its charter has expired or in various constitutions and courts, as, for instance, in been canceled by the State." Each one is therefore de- an Indiana court: rived from a different source, has different powers and Education, literature, science, religion, charity and benev- is strictly independent of each other." olence are all promoters of the welfare of society. Through these agencies the standard of good citizenship is elevated Catholic and Protestant Views and consequently the expenses of government diminished.' The Catholic concept of church-state relationship As a prerequisite for tax exemption it must at least is well known; their principle on tax exemption may "appear that the property is so held as to be dedicated be understood in the following statement: to public benefit instead of to private advantage or gain, "It is to the best interests of the civil society that and that it is devoted to the public use." e An Atlanta, the rights of the Church be guaranteed by the law. It Georgia, court put it poetically: Tax exemption is has a duty towards its citizens who, recognizing and ac- granted for the "beneficence to the destitute and poor and cepting the truth of the Christian religion, wish to pre- all those comely virtues and amiable qualities which serve it and can therefore demand that the civil power clothe life 'in decent drapery' and impart a charm to ex- assure its existence and prosperity."

MAY-JUNE 11 "The least that can be done by the State is to assure terest, it cannot be regarded as a gift or donation of the the Church the right to acquire property in all ways by public credit to or in aid of the individual association which its own subjects can acquire it. The Church on or corporation in whose favor the exemption is de- its part subjects itself and its institution to the formalities clared."" An authority on tax exemption has said that of the civil law in property transactions in order to obtain "tax exemption of Church property is neither a grant- legal protection and to maintain peace and avoid un- in-aid nor reward for public service, but society's rec- necessary collision with the civil authority." ognition of the people's inestimable right of a religious The Catholic Code of Canon Law further states: "The expression."' Catholic Church . . . has the native right freely and in- There is more to that church-state relationship: the dependently of acquiring, apart from civil authority, State gets the better deal. The church itself does not temporal goods for pursuing ends proper to themselves;" "profit" from the government's largesse: and the Church "always reserves the basic right to ac- The Church pays for light and heat, and, often, for water. quire and possess, in virtue of its divinely given native It is assessed for street improvement, police and fire protec- and independent right." "Proper ends" can, of course, tion, paid for by the members in individual tax payment.' be diversely interpreted. One of the often recurring cliches with reference to The Protestant view is basically different: taxation is that "the power to tax involves the power to destroy." A business enterprise may be taxed excessively The personal and property rights of Churches and their members are civil and of them the courts of the States have and destroyed, either because of needed revenue or for exclusive jurisdiction. The ecclesiastical courts have no juris- sake of the regulation and control of commerce. The diction to decide the rights of property and to enforce its State has no tax limit, beyond its own discretion. This protection." power may also be applied in the regulation and the The relationship of a Protestant religious corporation exercise of religion. It is conceivable that a government to the State may be summed up in this manner: antagonistic to religion or to a particular church could The American religious corporation in its relation to either destroy it or make it ineffective. Tax exemption the State is, unlike its predecessors, in no sense a public should thus be well defined and clearly understood. municipal body, but a mere private corporation created by Since the prerequisites for tax exemption for the the State for the benefit of the corporators and those connected churches vary from State to -State, interpretations also with them. In its relation to the Church it is not a spiritual agency with spiritual powers to preach the Gospel and ad- vary. They range from a mandatory provision without minister the sacraments, but the humble secular handmaid need of further legislation, through permissive promises, whose functions are confined to the creation and enforcement to no promises at all. In New Hampshire, church value of contracts and acquisition, management and disposition of exceeding $150,000 is taxed. Some States grant limited property. The corporation thus has neither public nor ec- acreage to churches—Wyoming, Kansas, and New clesiastical functions, being a mere business agent with strictly private secular powers." Jersey limit it to five acres; Rhode Island to one; Ken- tucky to two in the country and one in the city. Some Exemption Not All "Grace" States place maximum exemptions on parsonages. Since each State is sovereign, major differences exist Saintly Profiteering in the matter of tax exemption. Among State constitu- One of the greatest dangers of tax exemptions, as tions ten are silent on tax exemption while in others implied earlier, does not apply to the State but to the the exemption is settled by amendments. church. The tax-exempted church faces the grave danger To exempt churches from the tax is considered by of becoming incumbered with property. On various some to be entirely a matter of "grace," but on the other occasions warnings have been sounded, as for example hand, the State itself benefits from church activities. As this statement in the Christian Century: an Atlanta court declared: The warning cannot be sounded too often against allowing The advantages to the State are "cheap" when you consider ecclesiasticism to become entrenched in property. This has that the Church, which has a range of action not obtainable been a determining or at least contributory cause of the down- by the State, deals in matters of benevolence, charity, generosity, fall of all the old civilizations of history. . . . Under a hier- love of our fellow man, deference to rank, age and sex, tender- archic system there is a steady accretion of wealth. Though an ness to the young, active sympathy to those in trouble or dis- unworthy materialistic motive may be quite lacking at the tress, beneficence to the destitute and poor, and all those start, the very genius of ecclesiasticism especially in its hier- comely virtues and amiable qualities which clothe life "in archic form, makes these, accumulations inevitable. A materi- decent drapery" and impart a charm to existence, and they alistic motive invariably develops with the adding of wealth constitute not only the "chief defense of the nations" but under the power of the Church. furnish a sure basis on which the fabric of civil society can The course of affairs in Europe from the establishment of rest and without which it could not endure." the Church in the Empire of Constantine all down through the Middle Ages and into the Reformation times should be Since the State also benefits from the activity of the conclusive warning of what must happen when a Church church it may be argued that an exemption is not en- grows rich.... When the institutions set to mediate the spirit- tirely a matter of grace. Indeed, "because exemption ual forces become weighted with material possessions the from taxation serves the public and not a private in- whole of the life of the people is blighted and degenerated.'

12 LIBERTY, 1962 The church is being called to a strict accounting. For the sake of its own soul the church must make a sober in- ventory of its position and where abuse is found, clean its house. If it does not, someone else will judge whether, under the mantle of holy pretense, the church is ac- cumulating fat profits. Tax exemption is a privilege that, like liberty, can be lost by ignorance or abuse. We may agree that it is basically unfair to levy the 52 per cent Federal corporate tax on business while al- lowing competitive church-owned industries such as radio stations, farms, and factories to go tax free. But what of the borderline cases? Consider the church that carries on an active educational, medical, and dietary program. Should these activities be tax exempt? Is not the church carrying out its program in a practical way by the manufacturing of foods, the establishment of san- itariums, and the organization of school industries? It must not be forgotten that small denominational colleges generally have no endowment. Their means of support Church bingo games range from small holiday operations to comes largely through school industries, which have to weekly programs that bring in several thousand tax-free dollars! be based on a business structure. Yet the college makes no profit. And the college itself costs the denomination church's ability to operate as an effective agency. More- just as the public school system costs the State. Denom- over, church taxation would enable only wealthy inational colleges are charitable ( and expensive!) in- churches to subsist. stitutions. To them tax exemption should be granted. Above all institutions the church should remain free It must be admitted that some churches have been from greed and material ambition. The church's first able to acquire large tax-free landholdings. In many duty is to preach and to witness. The church that em- cases these have crowded out available sites for regular barks on ambitious mercantile ventures may be tempted business. Not only do church-related institutions occupy, to seek material aggrandizement. As one writer said: "In tax free, valuable city properties but they also some- the midst of prosperity lurks danger. Throughout the times make large profits. ( A Sunday night bingo game ages, riches and honor have ever been attended with may bring in several thousand tax-free dollars!) Munic- peril to humility and spirituality. It is not the empty cup ipalities or communities sometimes give large tracts that we have difficulty in carrying; it is the cup full of land to some church, Catholic or Protestant, to at- to the brim that must be carefully balanced. Affliction tract colleges or other church-related institutions. There and adversity may cause sorrow; but it is prosperity that is, however, a difference between granting land for a is most dangerous to spiritual life." u *** purpose that will bring income to the community, and REFERENCES N. M. Mason, "Uncle Sam's Untapped Millions," The American Maga- granting land that will profit only the church. In fairness zine (New York, February, 1950), p. 107. 2 0. K. Armstrong, "Tax Churches on Business Profits?" Christianity we must keep in mind the church-supported school, Today, Oct. 13, 1961. 3 E. Carson Blake, "Tax Exemption and the Churches," Christianity where tax exemption is proper. Today, Aug. 3, 1959. 4 Ibid. 6 The Traveler's Insurance Co. v. Kent, et al. (151, Ind. 349), in The In Conclusion Homiletic and Pastoral Review, vol. XLIII, p. 870. ° R. H. Phillips, Cases Argued and Determined in the Supreme Court of Errors of Connecticut, 1935, p. 106. Tax exemption for churches became an accepted 7 First M. E. Church South v. Atlanta. 76 Ga. 181, 192, cited by R. L. Wood, The American Position Toward Tax Exemption, SDA Theological practice at a time when America was a rural nation Seminary Thesis, 1951. 8 C. Zollmann, American Civil Church Law, 1917, p. 64. and when the generous granting of many acres of land 9 Adam Smith, An Inquiry Into the Nature and Causes of the Wealth of Nations (London, 1887), Vol. 2, p. 241. did not complicate the tax system or pose a problem to 1°C. Z. Lincoln, The Civil Law and the Church (New York, 1917). p. 107. the ever-increasing population. In today's America tax E. L. Heston, The Alienation of Church Property in the U.S. (Wash- ington, D.C., 1941), p. 58. exemption for a church might well be limited to $25,- 12 R. L. Wood, The American Position Toward Tax Exemption of Church Property (Washington, D.C., 1951), p. 4. 000. Certainly in the area of "church-related" businesses, 49 C. Zollmann, American Church Law, ch. 2, par. 143. "J. A. Goodwine, The Right of the Church to Acquire Temporal Goods the "use to which church-owned realty is devoted" should (Washington, D.C., 1941), p. 48. 14 Can. 1513, par. 2, De Testamentis et Ultimit Voluntatibus. determine whether it is taxed.' Cf. R. L. Wood, op. tit., p. 7. 17 "American Church Law," cit. by Heston, op. cit., p. 57. Church property per se must remain tax free. To lay 18 First M. E. Church South v. Atlanta, cit. by Wood, op. cit., p. 13. W. Mack and D. J. Kiser, eds. Corpus Juris, vol. 61 (New York, a tax on churches would enhance the power of the 1933), pp. 382, 384. 1'9 F. H. Yost, Letter to V. R. Jewett, Oct. 6, 1947. State; it would enable the State to control the churches 2, McAffee, "Should Churches Pay Taxes?" Forum, CIII, January, 1950, J.p.. E.41 and would certainly be contrary to the basic principle 22 "Should Churches Pay Taxes?" Christian Century, vol. 3, Nov. 27, 1924, p. 1528. of church-state separation. The State that has ever-in- 23 O. K. Armstrong, op. cit., p. 230. 24 E. G. White, Prophets and Kings (Mountain View, California, 1917), creasing need of financial resources might jeopardize the pp. 59, 60.

MAY-JUNE 13 G~av~egda OdodQeQ

Delivering his presidential address to the 13th annual convention of the Mariological Society of America, Father Walter J. Burghardt, professor of patrology at Woodstock The Vatican and Mary's Divine Maternity (Md.) College, said: "Mary is 'the wall'—if only because Pope John XXIII has chosen the Marian feast in October she is, for the Protestant, the visible symbol of Catholic as the opening date of the Second Vatican Council because idolatry, the Roman abandonment of Scripture, of history, of its association with the third General Council at Ephesus of Christ." He quoted one religious writer as having stated in 431, at which the doctrine of Mary's divine maternity that "the bone that sticks in the Protestant throat is Scrip- was upheld. The council will be the first since the Vatican ture vs. dogma, the original message of salvation from the Council of 1869-70, at which the doctrine of papal infalli- mouth of God and the promulgation of infallible proposi- bility was proclaimed. The Pope is expected to invite ob- tions from the lips of men." servers to the council from other Christian bodies. Invita- tions will come through the Secretariat for Promoting Unity and Peace Among Children Christian Unity. A fresh, unbiased restudy of the teachings and inten- tions of Martin Luther might show that Catholics and St. Bartholomew and Papal Fallibility Protestants share more doctrinal agreement than they real- In approaching the objective of Christian unity Roman ize, according to Father Godfrey Diekmann, O.S.B., a Catholics must realize that they share responsibility for the Benedictine priest of St. John's Abbey in Collegeville, break with Protestantism and are partly to blame for the Minnesota, first Catholic ever to address the Minnesota fact that lines of separation remain "so hardened and perma- State Pastors' Conference. nent" today, Father George Tavard, A.A., ,of St. Mary's In addition to the authority of the pope, the priest cited College, Pittsburgh, Pennsylvania, a consultor to the Vati- Mariology as a divisive factor between Catholics and can Secretariat for Promoting Christian Unity, said in Protestants. "As in the case of the rock of Peter . . . this Washington, D.C. fact is doubly anomalous and tragic," Father Diekmann "It has a chastening effect on our complacency and our said, "because in the person of the beloved disciple John pride in the Church to remember some specific events we were all committed to Mary as our common mother, which added horrifying color to the conditions that were and a mother's purpose, among others, is to foster unity at the origin of the continental Reformation," Father and peace among her children." Tavard said at a Chair of Unity Octave service in the Na- tional Shrine of the Immaculate Conception. "On the Feast of St. Bartholomew, August 24, 1572, four ANTISM thousand Calvinists, including the flower of the French Protestant nobility, were massacred in Paris, and, as if there The Difference Is Togetherness were not enough evil in this collective murder, blasphemy Publication of a book dealing with differences between was added to it when Pope Gregory XIII, misinformed as Lutheranism and Roman Catholicism has been cancelled to the exact nature of the event, ordered a commemorative by the United Lutheran Church in America's Board of medal struck for what he thought was a 'victory.' " Parish Education in the interest of fostering better under- standing between the two Christian bodies. Mary—Visible Symbol of Catholic Idolatry At a meeting in Philadelphia the 21-member board Apart from the Roman Catholic concept of the Church, voted unanimously to drop from publication the book en- "the single theological issue which most effectually stran- titled The Difference, in view of the growing dialogue gles the ecumenical dialogue between Protestants and movement among the various religious groups. Catholics is the Catholic vision of Mary," a prominent * Just what did happen to the protest in Protestantism, Jesuit theologian declared in New Orleans. anyway?

14 LIBERTY, 1962 Goal of Denomination: To Disappear One of the top church historians of the International Convention of Christian Churches (Disciples of Christ) said in Kansas City, Missouri, that the "ultimate goal" of the denomination is to "disappear . . . in the larger fellow- ship of a united Church." Speaking at the annual assembly, which was largely con- cerned with Christian unity, Dr. Winfred E. Garrison, a professor at the University of Houston, Texas, said the 0e CA) denomination's ultimate goal is "to disappear as a denom- ination in the larger fellowship of a united Church."

Conscience No Longer Relevant Pleading for immediate unification of Protestant church bodies, Dr. A. Harold Wood, acting president-general of the Australian Methodist Church, warned in Sydney that only when Christians are united will they be able to preach Meet Me at the Market Place reconciliation effectively to a divided world. Roman Catholic bishops in this country have been urged Denominationalism is dead, he asserted, and the most by a Protestant clergyman to participate in face-to-face urgent need of the churches today is unity. conversation with "serious and devout" non-Catholics in Matters of conscience which gave rise to different de- the cause of Christian unity. nominations are no longer relevant today, according to The plea was made by Dr. Lawrence L. Durgin of New Dr. Wood, and there is no excuse for the continued sep- York at the Octave of Unity observance in Providence's arate existence of Protestant churches. Grace church sponsored by the Rhode Island Episcopal Dr. Wood maintained that the only major hindrances diocese. to church union were "un-Christian pride and isolation- Addressing himself to the Catholic bishops, Dr. Durgin ism." asked: "Won't you come down to the market place: Let Lauding the proposed union of Presbyterian, Congrega- us learn from you even if you feel that you have nothing tional, and Methodist bodies in Australia, he said this to learn from us." merger would be the first step to ultimate Christian unity. [Anyone thought to check on the tuition?—En.)

Veni, Vidi, Victim 401 Dr. J. H. Jackson, president of America's largest Negro An Acute and Vivid Consciousness church body, said in Chicago that his visit to Pope John XXIII was one of the many current manifestations of the The general secretary of the Baptist World Alliance has growing spirit of friendliness between Protestants and taken issue with an article published in the Vatican City Catholics. newspaper Osservatore Romano which asserted that Chris- The president of the 5-million-member National Baptist tian unity can be realized only through a hierarchy presided Convention, U.S.A., Inc., reported that his private audience over by an infallible authority. with the Pope was "very friendly, very cordial, very Chris- Said Dr. Josef Nordenhaug: "This candid restatement tian." of the old Roman Catholic position on infallibility calls "Those of us who are Protestants should do all in our for an equally candid statement by those of us who have power to destroy the unfounded prejudice against the an acute and vivid consciousness of the sovereignty of Roman Catholic Church that still exists in the minds of Christ. many Protestants," Dr. Jackson said. "The doctrine of direct personal access to God in Christ may harbor a certain danger of individualism," he said, "but we believe the danger in an authoritarian ecclesiastical World Too Strong for Divided Church institution is greater. History bears ample testimony con- Christians throughout the world were urged in Miami cerning the horrors that have accompanied attempts to Beach, Florida, to break down the barriers which separate coerce people to conform to official doctrines. Uncounted them so the united voice of Christianity can speak out thousands of 'heretics' were tortured, drowned, or burned effectively in an attempt to prevent a devastating nuclear at the stake because of an authoritarian church's arrogated war. infallibility." Speaking to the ninth National Assembly of United The Baptist leader said that there is no evidence in Church Women, Dr. Henry P. Van Dusen, president of Scripture that Jesus Christ ever "envisioned a hierarchy Union Theological Seminary in New York, said, "Today's governed over by an infallible authority. world is simply too strong for a divided church." "We do not believe that Christ ever delegated His au- Dr. Van Dusen said a truly united "World Church" is thority," said Dr. Nordenhaug. "We believe that the au- needed in today's world "which threatens to break to thority is still in the hands of Him who said, 'All power pieces under our very eyes." is given unto Me in heaven and in earth.' "

MAY-JUNE 15 HOULD tax funds be used to aid parochial schools? Yes, answers the paper issued in December by the S legal department of the National Catholic Welfare Conference, an association of the Catholic bishops in the United States. Entitled "The Constitutionality of the Inclusion of Church-Related Schools in Federal Aid to Education"' the paper represents a high degree of legal Separatiou craftsmanship. It represents also an argument for co- operation between church and state rather than for sepa- ration between church and state. Skillful legal writing is marked as much by what is not said as by what is said. The lawyers who prepared this Catholic-position paper recognize that it is one of a series that will be issued on both sides of the controversy, and hence they have been careful not to use expressions that will weaken positions they may take in some future KENNETH H. HOPP, B.S., LL.B. phase of the dispute. If, for example, they should gain their point as to aid to parochial schools and press on to claim some other form of aid for churches, there is nothing in the paper that could be quoted against them' I cannot say that those preparing the paper would favor tion possible. The argument proceeds: "If governmental such further aids; but the paper does maintain the theory' aid is to be given through some institutions ... which are that the "no establishment" clause of the First Amend- deemed competent to carry on the task of educating citi- ment forbids only preference to one sect, not aid given zens, then it should be given through all institutions equally to all. To use the paper's expression: similarly competent . . . unless constitutional require- The clause was never intended to . . . prevent the sects from ments plainly dictate to the contrary."' "But it would ... peaceful competition for lawful benefits.' appear undeniable that, so far,as the question is one of To appreciate the paper, the reader must understand policy and not of constitutional law, if the federal gov- that it is similar to a brief in court; that is, it supports ernment offers aid to public education, aid should simi- one side of the question rather than disinterestedly exam- larly be offered to church-related education." ining all of them. This may appear to be a criticism. I do Some very strong—in my estimation, conclusive— not intend it as one. A paper can serve one of three func- policy arguments against such aid are not met by the tions: that of an authoritative declaration ( as an opinion position paper. Since I wish to confine this article to the of a court), that of a disinterested scholarly examination constitutional questions, I will not discuss them here. of the subject, and that of an advocate of some position. The paper proceeds to describe the Catholic educa- Obviously, no paper by the National Catholic Welfare tional effort on the grade and high school level. The Conference can be the first of these. In view of the con- effort is extensive, and one of which the Catholic Church siderable political warfare being waged on the subject, may justly be proud. Among other things, the paper it would be most difficult for anyone to write a disinter- asserts that approximately one child in eight of school ested examination of the subject. This leaves only the age is in a Catholic school. The reader is not left in doubt "advocate" type of paper. on how taxes are affected as a consequence. The make-up of the paper supports this view. I have Going into a discussion of the legal questions, the seen and prepared enough briefs in court proceedings paper argues that "church-related schools perform a to recognize the pattern. In the "advocate" paper facts public function which by its nature is supportable by are stated in sufficient detail to develop the legal issues government." ' The statement is broad enough for me to involved. They are, needless to say, stated in such a way find much in it to agree with. However, the paper then as to present the side of those preparing the brief in as concludes that the fact that this function is a part of the favorable a light as possible. This is quite appropriate, official program of churches may be ignored. for both sides have this opportunity. Examination of op- To support this position, the paper goes into a dis- posing arguments may help one reach a real understand- cussion of the First Amendment, and in particular the ing of the issues involved. "no establishment" clause. As stated before, it presents The Argument the theory that this clause was only intended to prevent Congress from giving any sect a preferred status. The The paper of the National Catholic Welfare Confer- arguments advanced fail to meet the statement made by ence begins by enumerating the challenges faced by free Chief Justice Warren in McGowan v. Maryland,' societies today. It argues that to meet these challenges, The First Amendment, in its final form, did not simply bar every American child should be afforded the best educa- a Congressional enactment establishing a church; it forbade all

16 LIBERTY, 1962 The position paper on Federal aid to parochial schools prepared by the legal department of the National Catholic Welfare Conference 1JOOPERAT represents a high degree of legal craftsmanship. It represents also an argument for cooperation rather than • separation between church and state.

laws respecting an establishment of religion. Thus, this Court This reasoning might be dismissed with the suggestion has given the Amendment a broad interpretation . . . "in the that the problem can be dealt with as it arises. A more light of its history and the evils it was designed forever to appropriate response, however, would be to point out suppress. . . ." It has found that the First and Fourteenth Amendments afford protection against religious establishments that all activities require sacrifices of some kind by those far more extensive than merely to forbid a national or state who engage in them. If parents and church members love church. (Italics in original.) their God, their church, and their children enough, they This is the latest expression by the Supreme Court will find the means to pay for a Christian education. directly on this point. In my opinion no paper can do The paper, while pointing out one way in which the justice to the point without mentioning it in some way. state could conceivably impose an official culture, fails The position paper's failure to do so is a serious short- to deal with another, and much more likely way, by coming. which the same end could be accomplished. If church- The Conclusion related schools accept Government aid, they must also accept Government supervision far beyond the reason- From a discussion of decisions of the Supreme Court, able regulation the state can impose upon all schools. If the paper concludes: ° the state supplies textbooks, it may also select them 1. Government may support the education of citizens in various ways. and the material they contain. If it pays the teachers, it 2. Education of citizens may take place in church-related may also appoint them and determine what they shall schools. teach. The argument that this would never happen is, in 3. Government may not support a religion or church as effect, saying that the church's political power will always such, but so long as its program confers a benefit upon citizen be great enough to prevent it. But an unfriendly state education, that program is constitutionally unobjectionable, although benefit is at the same time incidentally conferred upon administration, combined with a church membership a religion or church. rendered apathetic because it has not been called upon to make sacrifices for religious education, might achieve Once again we have a broad statement with which the end, so roundly and rightly denounced by the writers much can be found to agree. The first two principles are of the position paper. A slow erosion would take place, unobjectionable. The third, however, is much too strong. at the end of which the teachings in the public and the It suggests that in this pursuit of "citizen education" the church schools, and the effects on the students, would be effects upon a religion or a church may be ignored. indistinguishable. The paper is rightly concerned with the rights of parents to control the education of their own children, In the final analysis, what is a public school but a and maintains that this right may not be subjected to school paid for, in whole or in part, by tax funds? If there imposition of an "official" culture by means of state- are two schools so paid for, one governmental, the other controlled education. Government spending upon public church-related, by what rule may it be said that the state education may reach such proportions, says the paper, may operate the one to suit itself, but must keep its hands "as to require the cessation of all other kinds of education off the other? and . . . to remove all possibility of the exercise of the It is the duty of those dispensing public funds to see parental right of choice."' Turn to page 20

MAY-JUNE 17

ofP1;x

NEWELL JON

today because we can contrast it with the absence of such decent re- gard for the individual in other lands. The abode may be humble; it may be stately; it may be bare, or crammed with elegance, or harbor dark secrets.

H. AR STRONG ROBERTS 4. But the law-abiding citizen can retire at night, secure in the 1. HOME is a sacred place to us, a place knowledge that his privacy will of refuge, of nourishment for body and be respected; that he will not soul, of growth and love—home. know the dread of the rap on the This is our world within a world. door; the unwarranted intrusion And just as we wish man's bigger sphere to into the world of the free Amer- be free and secure, so do we insist on the safety ican family. and sanctity of our individual homes. The freedom of our homes is The Founding Fathers, steeped in the belief of man's dignity and worth, and wary of jack- 2, 3. Berlin—a city divided, a people and fami- booted tyranny against home and person, lies separated by a wall of mortar and hate. sought safeguards for themselves and for all WIDE WORLD PHOTOS - - Americans who were to come after them. In Article IV of the Bill of Rights—the first 10 Amendments to the Constitution—they showed their concern in these words: "THE RIGHT OF THE PEOPLE to be se- cure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This fundamental right of privacy in one's home is a cherished part of America's freedoms

18 'ACK TUCKER

H. ARMSTRONG ROBERTS

ment's concern for the individual's freedom when he is away from the homeland. The withholding of passports to areas wherein an American's freedom and safety cannot be assured—such as Communist China—is an example. We believe that a man was meant to be free—free to come and go at his will, so long as the exercise of this freedom does not infringe upon the freedom of an- other. We believe a man should be free to wrap himself and his family in the intimacy of his home, and be guaran- teed against unlawful prying and entry. These are bulwarks of the American way of life. One in a series on the Bill of Rights from the Evening Tribune, San Diego, California.

H. ARMSTRONG ROBERTS

closely allied with another right we hold dear: the right to move about freely at home and abroad. 5. We move freely in our cities and counties and between states, sub- ject only to the regulations which have been adopted freely for the safety and well-being of society. The regulations on travel abroad are not denials of the right to move freely, but actually expressions of the govern-

MAY-JUNE Separation or Cooperation? sonal freedom; but all this does not alter the relation- ships described. No man can refuse to obey laws he does From page 17 not approve of or refuse to pay taxes for programs he that the public gets the most for its money. This duty thinks unwise. necessarily involves the exercise of value judgment as to The relationship of church members to their denomi- the education actually given in schools. The effect of such nation is quite different. They can refuse to be members value judgment on education is necessarily extensive. in the first place. If they are members, they can contribute to it, in time and money, as they see fit. If they disapprove Differing Relationships of any church program they may express that disapproval One's relationship to the government under which he in a most effective way by refusing to support it. lives differs from his relationship to the church of which In short, churches must rely on the appeal of the he is a member. However democratic a state may be, truth of their messages for their support. As Benjamin its citizens are subject to its laws, no matter how much Franklin put it: they may dislike them. They are also subject to its taxes, When a religion is good, I conceive that it will support and, as taxpayers, have nothing to say about how they are itself; and, when it cannot support itself, and God does not take care to support, so that its professors are obliged to call for spent. This has been recognized by such liberal justices the help of civil power, it is a sign, I apprehend, of its being as Cardozo, Stone, and Brandeis. In their concurring a bad one." opinion in Hamilton v. Regents, of the University of The Weaknesses California," after pointing out that certain theories, if accepted, would permit persons to refuse to pay taxes The great weakness of the position paper is that it fails for ends condemned by their consciences, they said: to recognize the distinctly different relationship between The right of private judgment has never yet been so exalted citizen and state and member and church. By failing to above the powers and compulsion of the agencies of govern- recognize this distinction, it supports as constitutional ment. forms of aid inconsistent with the fundamental principle A constitution is, in one respect, an attempt to limit of separation of church and state, which it professes to and define the powers of government and to declare the respect. In fact, it advocates cooperation, not separation. rights of individuals. If adhered to, it can ( and in this There is but one real purpose for sending a child to a country does) guarantee a considerable degree of per- church-related school rather than to a public school:

United States SENATOR SPEAKS OUT for Religious Liberty

As I see it, our religious freedom grows out of certain basic beliefs which underlie our free society. These beliefs include the sacredness and ultimate worth of the individual personality, and the integrity of the human con- science. It is the carrying out of these be- liefs through the practice of religious liberty and freedom of conscience which, embodied in law and acted out in everyday life, serve to place a check upon the tyrannical and arbitrary use of power which erodes freedom and paves the way for dictatorship.

E. L. BARTLETT Senator from Alaska

20 LIBERTY, 1962 religious training. This fact, however much obscured by F9iWWWWWFWVVWViIi0VVVWVVII 41 mention of the public function the parochial school fills, is its only reason for existence. It is for this reason that 41 41 support for the parochial school means support for 1111011611 religion. It will not do to claim that education in a church- YESTERDAY'S WINDOWS El El related school may be divided into the secular and the 41 religious. Indeed, the position paper makes no such I.AfkliteatILMht/tAMAAMtAb,tzozo/=AA.1%,,t1 claim. Rather, it distinguishes between those expenses that would be the same in both public and parochial 1887 school and expenses that would not. According to the Seventy-five years ago paper, the former would be supportable by tax funds; ORDINANCES EXHUMED.—Two old Sunday the latter would not.' Actually, it is hard to think of any ordinances which have long been dead letters on the expenses, other than for obvious items, such as liturgical statute books of the District of Columbia have re- equipment, which would not exist in almost the same cently been dug up and an effort is being made to form in both parochial and public schools. Even a chapel rigidly enforce them. These ordinances were passed could be called an auditorium. As a result, for all prac- in 1843 and 1864, respectively, and the two are said tical purposes there is no line limiting contributions by to prohibit the sale of a cigar, a glass of soda or pop, or the hiring of a livery rig, or the running of street the state, under the theory of this paper, to anything less cars. The law is being generally evaded, however, by than the whole of the cost of any school. the saloons, most of which have taken out licenses as The burden on those who pay taxes for the support clubs. In this way liquors are sold almost as freely of public schools while also voluntarily paying for the as ever; and, as is frequently the case, the only ones education of their children in church-related schools is to suffer serious inconvenience from the law, will considerable. It is also one they voluntarily assume. But probably be persons who are carrying on useful and if the burden can be eased constitutionally, many of those necessary branches of business. who oppose tax aid would approve. Any such relief must, however, preserve the principle 1912 of voluntariness between church and member. Use of the Fifty years ago power of the state to support parochial schools must be CELERY STALK.—Two brothers have just fin- avoided. One way in which this end might be accom- ished a 3,500-mile walk from Boston to Los Angeles. plished would be to give tax credit to those who pay One lived on a meat diet during the walk, and the tuition to private schools rather than send their children other on vegetables exclusively. And the vegetarian to public schools. A householder who did so would re- was in the best condition when they reached the end duce his property taxes accordingly. Thus additional of their journey. funds would be available for church-related education. 1937 I admit that this suggestion does not answer the prob- Twenty-five years ago lem completely. Many persons, including renters, would be unable to take advantage of it. But perhaps the sug- THE SLEEPING LEAGUE.—Replying to the For- eign Secretary's assertion that the League of Nations gestion will inspire others to search further for a solution. was "neither dead nor moribund," Lloyd George de- Our heritage of freedom has withstood successfully the clared: "Perchance it sleepeth. You are not going to strain of decades during which church schools have stood refer China to it. You are not going to refer Spain on their own merits. It can withstand many more such to it. . . . As far as I can see the drift of things, the decades. But it may be seriously questioned whether it only function in front of the League when it meets can stand a succession of inroads on the constitutional in September is probably to retreat from our posi- principles on which this country was founded. *** tion with regard to Abyssinia, and to acknowledge the aggression which the League denounced 2 or 3 REFERENCES years ago." 1 This paper will appear soon in the Georgetown Law Review. As that form is not now available, references are to pages of the mimeographed copy issued December 14, 1961. 1952 2 Such subsidies have actually been paid by the government in some coun- ago tries. See, for example, the Encyclopaedia Britannica, volume 9, page 534, Ten years 1955 edition, with respect to subsidies in France. 3 Beginning at page 18. RESEARCH DIRECTIVE.—Atomic Energy Com- 'Page 22. 5 Page 5. Italics in original. missioner Thomas E. Murray told a meeting of engi- Page 16. Italics in original. 7 Page 17. neers in Atlantic City, New Jersey, that they must turn 1961, 366 U.S. 441, 442. 9 Pages 31 and 32. from science to religion to seek answers to life's basic "Page 46. questions. "Man's attention must never be so focused 11 1934, 293 U.S. 245. 1, Writings of Benjamin Franklin, edited by Albert Henry Smyth, vol. 8, on science as to neglect religion and philosophy, which p. 154, as contained in American State Papers on Freedom of Religion (Washington, D.C.: Review and Herald Publishing Association, 1949), can direct our lives according to right reason and p. 522. 73 Page 50. charity," Mr. Murray said.

MAY-JUNE 21 THE CHURCH AS A SOVEREIG\ STATE

Roman Catholicism has at its head a man in whom re- ligious and secular sovereignty are combined. How did this dual rulership develop?

HE status of the Papacy as a secular state and the Roman pontiff's claim to influence in secular affairs were both high- Tlighted recently by the intervention of Roman clerics in the political affairs of Puerto Rico, a commonwealth under the Ameri- can flag. V. NORSKOV OLSEN This interference by clerics has raised questions concerning the President political composition and the ideology of the Vatican. For it did not Newbold College, England pass unnoticed that American hierarchical leaders generally deplored the timing of the interference—just before the last Presidential elec- tion—rather than the interference itself. None questioned the right of the church to intervene. Nor was a rebuke to the offending Puerto Rican bishops forthcoming from Rome; rather, the Papal voice Osservatore Romano carried a defense of the bishops' action. The elementary facts concerning the Vatican's status as a secular Second in a series on state are quickly stated: In the early Middle Ages the Papacy became the emergence of the Papacy a secular state and its religious head a secular sovereign. The secular as a secular state. rulership by the pope in and through his state continued without interruption from A.D. 756 to 1870, when, on September 20, Victor Emmanuel captured Rome. The inhabitants by an overwhelming majority voted for the annexation of the Papal States. Refusing to accept the loss of his temporal possessions, the pope excommunicated Victor Emmanuel and declared himself to be the "prisoner of the Vatican." In 1929 the pope again received dominion over Vatican BY BURTON HOLMES EWING GALLOWAY City, through the Lateran Pacts negotiated with Mussolini, and since then Roman Catholicism has had at its head a man in whom re- ligious and secular sovereignty are combined. These are the ele- mentary facts. The political ideologies of the Papacy, which led to the inter- ference in Puerto Rican affairs, are the result of centuries of history and can be understood only in the light of that history. To the history

22 LIBERTY, 1962 of the origins, the growth, and the vicissitudes of the head of Western Europe but also virtually king of Italy. temporal power of Roman Catholicism we therefore "In the person of Gregory, the Bishop of Rome first turn. became, in act and in influence, if not in avowed author- Constantine's recognition of the church and its sub- ity, a temporal sovereign." sequent association with the Roman state strongly influ- The further development of papal supremacy is closely enced the practical organization of the church. The related to the Islamic conquest. The progress of Islam church took shape from the civil organization of the was extraordinary. Within a decade after Mohammed's empire. As Christianity spread, there had come to be, death in A.D. 632, Syria, Palestine, Persia, and Egypt were generally, a bishop for each city, together with the terri- conquered by the Moslems. Carthage was captured in tory attached to it. "The power and prestige of the clergy A.D. 670 and the invasion of Spain began in 711. Con- —the Christian ordo—increased as those of the civil stantinople was besieged in 668 and again in 716-718, ordo—the municipal magistracy—declined, until the but as yet in vain. The Islamic conquest thus wiped out bishop became the most important figure in the life of three of the four eastern apostolic Sees: Antioch, Jerusa- the city and the representative of the whole commu- lem, and Alexandria. The See of Constantinople was nity." 1 Bishoprics were grouped into provinces, as the weakened and the African church, long crippled, came districts already were for civil purposes, and its president utterly to an end. As the Eastern Empire and the was the metropolitan, or archbishop. "The logical culmi- Eastern Church were thus diminished, the See of Rome nation of this development was to make the capital of became the main representative of Christendom, and the Empire also the center of the Church. The solution this position was further strengthened as the church indeed might seem to have been already provided by gained new territory in the West. the traditional primacy of the Church of Rome, the im- In England the old Celtic Christianity was suppressed, perial city."' its adherents persecuted and to a large degree exter- minated by war. This work was begun by Augustine, a Bishop of Rome Gains Prestige monk whom Pope Gregory the Great had sent to Eng- In A.D. 326 Constantine moved to his new capital, land. Gradually the Roman form of Christianity won Constantinople, and for some time the authority of the its way over most of the British Isles. In Germany, bishop of Rome was threatened not only by Antioch Boniface, 680-755, a native of England, brought Chris- and Alexandria but also by the See of Constantinople. tianity into subjection to Rome. Boniface was in constant Eventually this move of the capital became an advantage correspondence with the popes, whose decisions he to the bishop of Rome. He could no longer be over- sought and followed in all difficulties. shadowed by the emperor or even the imperial repre- He hated every feature of individuality and national in- sentatives. He gained prestige. He became increasingly dependence in matters of the church. To him true Christianity was identical with Romanism, and he made Germany as loyal a person to be reckoned with in the affairs of the city. to the Pope as was his native England. . . . Those who labored The bishop took over "vacated imperial prerogatives; it without papal authority were to him dangerous hirelings, left him, for long periods, without political rival in the thieves and robbers who climbed up some other way. . . . In West; as the imperial power in the West broke down, his strength and his weakness, his loyalty to Rome, and in he emerged as the sole remaining symbol and source of the importance of the work he accomplished, he resembled Augustin, the Roman apostle of his Anglo-Saxon ancestors.' authority."' Thus, "the absence of its Emperor left Rome in the hands of the Popes, who now began gradually to Birth of the Papal State develop their medieval powers."' The origin of the temporal power of the pope is The actual beginning of the papal state can be told closely related to the barbarian invasions in Italy and briefly. A new controversy between Rome and the East Western Europe. Thus the papal state made its beginning was opened in 726. Emperor Leo III, 795-816, also called on the ruins of Western Europe. In the dark hour when the Isaurian, issued that year a decree against the rever- Rome was sacked by Alaric in A.D. 410, we find Pope ence paid to icons, that is, religious images and pictures. Innocent virtually as "governor" of the city. Germanus, the Patriarch of Constantinople, opposed the As the empire declined during the fifth century, the emperor and laid down his episcopal dignity, and Anas- bishop of Rome became the representative of the Roman tasius, one of the emperor's followers, was consecrated as tradition and "carried it over into the sphere of reli- Patriarch. Pope Gregory II wrote a violent letter to the gion." 6 This is illustrated in the work of Pope Leo the emperor opposing the decree. The importance of the Great. Addressing the Romans on the Feast of St. Peter protest is expressed by Theophanes, the historian: "The and Paul, he could say: "These [Peter and Paull are they Patriarch Germanus withstood the Emperor Leo at Con- who promoted thee to such glory, that being made a stantinople, like the apostolic man Gregory at Rome, holy nation, a chosen people, a priestly and royal state, who separated Rome and Italy and the whole of the and the head of the world through the blessed Peter's West from political and ecclesiastical obedience to Leo holy See." and from his Empire." Pope Gregory the Great was not only the spiritual Resistance against Leo III was continued by Pope

MAY-JUNE 23

It is reported that in response

to the vision of a fiery cross and

the words, "In this sign con-

quer," Constantine became a

Christian. His conversion may

have been only nominal, but it

was destined to have far-reach-

ing consequences for the church.

REVIE PICTURES PAINTED BY CHAPPEL

Gregory III, 731-741. The emperor on his part sent out Boniface or some other bishop."' The pope had helped a fleet to punish the pope, Rome, and Italy, but the fleet Pepin, and before long Pepin was asked to help the pope. suffered shipwreck. In his anger Leo severed that part of In 751 the Lombard king, Aistulf, captured Ravenna, the Eastern Empire which was under papal jurisdiction which was the seat of the exarchate, the representative of from the pope and subjected it to the Patriarch of Con- the emperor, whose court was in Constantinople. Pope stantinople. This was a territorial loss for the papacy, Stephen II, 752-757, isolated from the emperor on ac- but it was well made up for by the fact that the Papacy count of the iconoclastic controversy, and failing to win now found itself independent of the emperor. Romans from Aistulf any concession, crossed the Alps that he found the pope their only ruler. "Save in the dating of might ask for Pepin's support. Pepin and his lords prom- documents by the Emperor's regnal years, the breach ised to help the pope. Stephen anointed Pepin "again at seemed complete. The Roman duchy was ruled by the St. Denys, together with his two sons, and promised to Pope, Venice and Naples by native dukes.' Isolated secure the perpetuity of his dynasty by the fearful power from all help from the emperor, and threatened by the of the interdict and excommunication."' rising of the Lombards in Northern Italy, the Papacy Pepin took an army to Italy and defeated the pope's turned to the Carolingians. enemies, in 754. On account of a new rising of the Lom- Development of the papal power was closely associ- bards, Pepin once more appeared, invoked by a letter ated with the growth of the Carolingian dynasty among written in the name of Peter. The letter reads: the Franks. Charles Martel had defeated the Moslems I, Peter the Apostle, have been set by the power of Christ, in 732, but he had refused to help Pope Gregory III in the son of the living God, to be a light to the whole world. 739 against the Lombards. His son Pepin sought the . .. To this apostolic Roman Church of God, entrusted to me, advice of the pope in regard to the question whether he, your hope of future reward is attached. And so, I who have rather than the Merovingians, was not the rightful ruler adopted you as sons, call on you, to defend this Roman state from the hands of its enemies. . . . Give help to my people of France. The pope answered in the affirmative, and of Rome now, that I may be able to help you hereafter at the thus authorized the usurpation. In 751 Pepin was day of judgment . . . by the hands of my vicar, I have en- "anointed, like the kings of Israel, with holy oil, by trusted to you, to be delivered, from its enemies, the Church,

24 LIBERTY, 1962 which the Lord has given into my keeping. . . . If you come more since the popes' temporal rulership, generally quickly to my aid, then, helped by my prayers, you will, speaking, was not superior to that of the secular rulers. after overcoming your enemies in this life, and being happy The degradation into which the Papacy plunged here, enjoying the gifts of eternal life, but if, as I trust you will not, you delay your assistance, know that you are cut off shortly after Nicholas I can hardly be described. For from eternal life. 13 some years one pope followed another as the creation This letter "contains, in this strange form, the ingenu- of rival mobs of the city of Rome. Then for a long time ous expression of the idea likely to prove most effec- the popes were nominated by the German Emperors, but tive." " The letter had its desired effect. Pepin came back with little or no regard to their personal fitness. Before with his army, and the Lombard power was effectually the middle of the eleventh century we find three popes broken in 755. What now followed is of the highest im- contesting with one another for the papal chair. portance in connection with the temporal power of the The German Emperor, Henry III, 1039-1056, now pope. Pepin "declared to the ambassadors of the East interfered. The three popes were banished. At a synod in who demanded the restitution of Ravenna and its terri- Rome, Henry was granted "the right of nominating the tory to the Byzantine empire, that his sole object in the supreme pontiff," the reason being that "the Roman war was to show his veneration for St. Peter." ' All the priesthood, who had forfeited the respect of the world cities and land which Aistulf surrendered were "to be even more by habitual simony than by the flagrant cor- kept for ever by the Blessed Peter, the Holy Roman ruption of their manners, were forced to receive German Church and the Pontiff of the Apostolic See." " This after German as their bishop, at the bidding of a ruler meant that the "Pope was now undisputed sovereign not so powerful, so severe, and so pious." 19 In the life of only of the 'duchy of Rome,' . . . but also of the exarch- Henry III "the ruling passion was religion, and it led ate." The pope was now actual ruler over a larger part him although he was no innovator, to precipitate a revo- of Italy. "This donation of Pepin is the foundation of lution in Church and Papacy which shaped the future 'the Patrimony of St. Peter.' " " While the pope had and undermined the German monarch." previously exercised temporal rulership, he had been Emperor Henry III rescued the Papacy, but he and responsible in theory to the emperor through the im- his successors found the Papacy, in its quest for temporal perial representative, who had his court in Ravenna. But power, to be their worst enemy. In the moral rebuilding now the pope himself was the actual ruler. Therefore, of the Papacy the monastic Order of Cluny was promi- rulership of the pope in and through his own state dates nent. This monastic order was not under episcopal or from 755, and continued until 1870, and then again secular jurisdiction but directly under the protection from 1929. of the pope. In their form of organization "the Cluniacs became During the reign of the Carolingians the Roman faith the nearest approach then conceivable to what the Jesuits was the cementing bond of the empire, and for this rea- were to become several centuries later—an autocratically son the power of the pope was sustained but also checked. ruled society of men within the Church." 91 It is therefore When the Carolingian empire was divided in 843, the very characteristic that when the Papacy was at the division of the empire weakened the power of the secular height of its temporal power it was ruled by men who rulers as compared with that of the Papacy. The pontifi- came from this "autocratically ruled society of men." cate of Pope Nicholas I, 858-867, marks the climax of Pope Gregory VII, 1073-1085, was guided by the ideals papal power for the next two centuries. of the monastic Order of Cluny. Gregory wrote letters to Off the Precipice . . . the various rulers of Europe in which he expressed his feudal authority. In short, it may be said of Gregory: Causes of the sudden and long continued downfall of . . . no region was too remote or too barbarous not to papal power, after the height to which it was brought come within his idea of ecclesiastical unity and papal by Nicholas, can— suzerainty." Y9 No wonder that Gregory VII has been be found in weak, wicked, worldly Popes, in anarchy and styled a world ruler. political confusion in Italy, and in feudalism. The Church was reaping the reward of a close alliance with the state. All the . . . and Up Again gains made by the Church during this epoch were of a secular character. The moral and spiritual powers of Latin Chris- Pope Innocent III, 1198-1216, brought the Papacy tianity lay dormant beneath a mass of corruption, self-seeking to its height. In his own consecration sermon Innocent and worldly passions which covered them and nearly ex- set forth in the loftiest terms his own conception of the tinguished them." great office to which he had been called: Degeneration overtook the church in all its functions. I am put in charge of the house! . . . Who am I, and what The bishoprics were mainly hereditary, and offices, ordi- is the house of my father, that I should be put in charge of nation, and the usual rites of religion could only be ob- kings. . . . For it is I who am spoken of by the prophet, "I have this day set thee over the nations, and over the kingdoms, tained through payment. In other words, the Roman to root out, and to pull down, and to destroy, and to throw Church had become a political institution. The mingling down, to build, and to plant." It is I of whom it is written, of temporal supremacy with spiritual supremacy inevi- "I will give unto thee the keys of the kingdom of heaven" tably prejudiced the spiritual authority. This so much Turn to page 31

MAY-JUNE 25 unday laws S NOT religious?

THAT'S WHAT THE MAJORITY DECISION OF THE SUPREME COURT SAID. BUT I VENTURE TO DISAGREE.

W. C. MOFFETT

N A SPLIT decision the United States Supreme "But when as it is true we find it wanting in all these Court has held that the Sunday blue laws of claims to the public confidence, it is not resistance, it is I Maryland, Massachusetts, and Pennsylvania are not factious, it is not even disrespectful, to treat it as constitutional. Said Chief Justice Warren: "There is no not having yet quite established a settled doctrine for dispute that the original laws which dealt with Sun- the country."' day labor were motivated by religious forces." But, the Following the distinguished example of Abraham Chief Justice added, they are now only "social laws" and Lincoln, and for similar reasons, I humbly venture to come under the authority of the state to legislate for the disagree with the conclusion of the Court. I believe that health and welfare of its citizens. Sunday laws are religious and therefore unconstitutional. With deepest respect for the Court, which should be Let me tell you why. a bulwark against encroachments on our liberties, I am When the colonists first settled in the New World reminded of the reaction of a humble lawyer to the Dred the common law of England formed the basis of their Scott decision of 1857. In this split decision the Court laws. The laws of England were based on a union of held that slaves could be carried into the territory of church and state, which recognized the Church of Eng- free States without thereby gaining their freedom, that land as the established church. Under this relationship a Negro could not sue in the courts, and that Congress the established church was supported by taxation, mem- could not prohibit slavery in the Territories. The lawyer's bership of leading church officials in the House of Lords name was Abraham Lincoln. was required, and religious laws were enacted by Said Mr. Lincoln: "If this important decision had been Parliament. made by the unanimous concurrence of all the judges, The Sunday codes of Justinian were proclaimed to be and without any apparent partisan bias, and in accord- part of the law of England by William the Conqueror ance with legal public expectation, and with the steady and Henry II.' These codes were based in turn on the practice of the departments throughout our history, and decrees and canons of councils and popes. Enforced by had been in no part based on assumed historical facts, the civil power under church pressure, these early blue which are not really true; or, if wanting in some of these, laws were productive of persecution. it had been before the Court more than once, and had Old Problems in the New World there been affirmed and reaffirmed through a course of years, it then might be, perhaps would be, factious, nay, Unfortunately, some of the colonists who fled from even revolutionary, not to acquiesce in it as a precedent. the bloody persecutions of the Old World brought to

26 LIBERTY, 1962 THOMAS L LLIAMS PHOTO Early America was no great exercise in brotherhood. Fines, imprisonment, putting the feet in stocks as a public spectacle, brandings, whippings, and banishment were the "mild" measures resorted to in the name of Christ to force conformity to the will of the majority. the New the same spirit of religious intolerance. This or Work of their ordinary Callings, upon the Lord's is illustrated in Virginia's first Sunday law, enacted in Day, or any Part thereof (Works of Necessity and 1610: "Every man and woman shall repair in the morn- Charity only excepted) . . . and that no Person or Per- ing to the divine service, and sermons preached upon the sons whatsoever, shall publicly cry, shew forth, or ex- Sabbath day, and in the afternoon to divine service, and pose to Sale, any Wares, Merchandise, . . ." catechising, upon pain for the first fault to lose their A Haven of Refuge provision, and allowance for the whole week following, for the second to lose the said allowance, and also to Divine Providence had reserved the New World for be whipped, and for the third to suffer death."' a haven of refuge for the persecuted and oppressed of Other religious offenses punishable by death included the Old World, and a change was to come in the ideas blasphemy, witchcraft, and idolatry. Belief in God and of men. Its harbinger was Roger Williams, who, fleeing membership in the established church were required from persecution by "savage" Christians to the protec- in some instances as the basis of the right to vote or to tion of Indian savages ( ? ), established a colony based hold public office. Fines, imprisonment, putting the feet on the proclamation of Jesus Christ, "Render to Caesar in stocks as a public spectacle, brandings, whippings, the things that are Caesar's and to God the things that and banishment were the "mild" measures resorted to are God's." in the name of Christ to force conformity to the will of Williams maintained that the first four of the Ten the majority. The imprisonment of fifty-five alleged Commandments, relating to a man's duty to his God, witches, and the hanging of twenty of them at Salem, forbidding idolatry, image worship, blasphemy, and Massachusetts, about 1692, affords an example of the Sabbath desecration, can apply only between a man and danger of religious laws in the hands of religious bigots. his God; civil authority is excluded by the words of The law that was the model for the colonial Sunday Christ from interference therein. He held also that the laws was that of Charles II (29th year, 1676 to 1677) : six commandments on the second table of stone, relating "Be it enacted, .. . that all and every Person and Per- to man's duty to his fellow man, involving juvenile sons whatsoever, shall on every Lord's Day apply them- delinquency, murder, adultery, theft, libel, come under selves to the Observation of the same, by exercising the authority of civil government in protecting the rights themselves thereon in the duties of Piety and true of citizens. Religion, publicly and privately; and that no . . . Person Fresh from a world where the blood of its best citizens whatsoever shall do or exercise worldly Labor, Business, had for centuries drenched its soil because of religious

MAY-JUNE 27 persecution, where tyrants had crushed liberties in the "the aid of the law to enforce its observance has been name of the divine right of kings, our founding fathers given, under the pretense of a civil, municipal, or police determined to set up a republic based on the foregoing regulation." principles—a government of the people, by the people, "The truth is, however much it may be disguised, that and for the people, protecting every man in his inalien- this one day of rest is a purely religious idea." able right to life, liberty, and the pursuit of happiness. "The enforced observance of a day held sacred by Further to safeguard liberties of the people, Congress one of these sects, is a discrimination in favor of that provided in the First Amendment to the Constitution sect, and a violation of the religious freedom of the that "Congress shall make no law respecting an estab- others. . . . Considered as a municipal regulation, the lishment of religion, or prohibiting the free exercise Legislature has no right to forbid or enjoin the lawful thereof; or abridging the freedom of speech or of the pursuit of a lawful occupation on one day of the week, press." Church and state were to be kept forever separate. any more than it can forbid it altogether. . . . The act Beckoned by the welcoming Statue of Liberty, millions in question is in intention and effect a discrimination in have come from the oppression and poverty of the Old favor of one religious profession over all others, and as World to find freedom and opportunity in this favored such is in violation of the Constitution." land. And the churches, free from intervention, and When Maryland ceded the District of Columbia to without state support or subsidies, have grown into the national Government, an act of Congress in 1801 mighty institutions, providing the men and means for incorporated the applicable laws of Maryland into the world evangelization. America has become the recog- laws of the District. Included, but unused for more than nized leader of the free nations of the world. To whom a century, was the Maryland Sunday law of 1723. will they look if we prove untrue to our heritage? In 1908 the first case for Sunday labor under this Sunday Mail law was carried to the District of Columbia Court of Appeals, after the lower court had dismissed the case. Between the years 1810 and 1831 religious leaders In his decision declaring the law unconstitutional, Justice stirred up agitation in their churches and petitioned Van Orsdel made this pertinent observation: Congress to close the mails on Sunday. The Honorable "The statute before us is part of a peculiar class of Richard M. Johnson, chairman of the Senate Com- legislation that was enacted in many of the colonies mittee on Post Offices and Post Roads, submitted an during the seventeenth and the early part of the eight- able report to the Senate on January 19, 1829, and eenth centuries. . . . Such laws were the outgrowth of another report to the House on March 4, 1830. Con- the system of religious intolerance that prevailed in gress refused to set a precedent for religious legislation many of the colonies. They prescribed religious and not in violation of the Constitution. civil duties. With the adoption of the Constitution and In his report to the House of Representatives, Senator the establishment of constitutional governments in the Johnson wrote: "If a solemn act of legislation shall, in States of the Union these laws dropped into disuse, and one point, define the law of God, or point out to the any attempt to enforce them was frowned upon by the cieizen one religious duty, it may, with equal propriety, courts." ° part of divine revelation, and en- proceed to define every In considering a petition for mandamus to restrain religious obligation, even to the forms and force every the council of Baltimore from holding a referendum on ceremonies of worship, the endowment of the church, the question of Sunday observance, Judge O'Dunne of and the support of the clergy." that city's superior court made this candid observation: To the Senate, Mr. Johnson said: "The proper object of government is to protect all persons in the enjoyment "Of course, I haven't much patience, except as a judge, with putting it [Sunday observance) on of their religious as well as civil rights, and not to de- economic termine for any whether they shall esteem one day above grounds, because, to my mind, that is not intellectual another, or esteem all days alike holy. . . . honesty.... You can't entirely divorce the observance of "All religious despotism commences by combination Sunday from whatever religious or non-religious point and influence; and when that influence begins to oper- of view the individual may entertain." ate upon the political institutions of a country, the civil I commend this frank statement to those who argue power soon bends under it; and the catastrophe of other for Sunday laws on health, economic, and police-power nations furnishes an awful warning of the consequence." grounds. Here is food for sober thought in the light of the Several years ago I was present at a legislative hear- powerful combinations now bringing pressure for Sunday ing on a proposed modification of the Massachusetts laws on legislators across the land. blue law, which the Supreme Court has called con- stitutional. The modification would have permitted Civil Pretense certain forms of innocent recreation. Who opposed the In 1858 Chief Justice Terry, of the California Supreme change? The clergy. No one denies that these particular Court, struck a blow against Sunday laws: statutes were designed initially to protect the sanctity "In most of the States of our Confederacy," he said, of Sunday and promote church attendance. And no

28 LIBERTY, 1962 judicial casuistry can conceal the fact that the greatest times, His disciples carried the gospel in triumph to the applause for the decision of the United States Supreme end of the earth with no aid from Caesar. Court comes from church bodies, and that it has stimu- It was three centuries later, when the bishops joined lated widespread demand by these groups for Sunday hands with the half-converted pagan emperor Constan- laws with teeth in them. tine, that the decline of the church began. Gradually The core of the matter is well stated by Justice the church relied upon the sword of the state rather than Douglas in his dissenting opinion: "The question is upon the sword of the Spirit to enforce her teachings. whether a State can impose criminal sanctions on those And the blight of the Dark Ages followed. It must not who, unlike the Christian majority that makes up our happen again. The great English preacher Charles society, worship on a different day or do not share the Spurgeon put it well: religious scruples of the majority." "As to getting the law of the land to touch our re- Citing the First Amendment to the Constitution, "Con- ligion, we earnestly cry, Hands off! Leave us alone! Your gress shall make no law respecting an establishment of Sunday bills and all other forms of Act-of-Parliament religion or prohibiting the free exercise thereof," Justice religion seem to me to be all wrong. Give us a fair Douglas continued, "I do not see how a State can make field and no favor, and our faith has no cause to fear. protesting citizens refrain from doing innocent acts on Christ wants no help from Caesar. I should be afraid to Sunday because the doing of these acts offends the borrow help from government; it would look to me sentiments of their Christian neighbors." as if I rested on the arm of flesh instead of depending "Could there be any doubt," he asked, "that Christians on the living God." now aligned vigorously in favor of these laws, would "Let the Lord's Day be respected by all means, and be as strongly opposed if they were prosecuted under may the day soon come when every shop will be closed a Moslem law that forbade them engaging in secular on the Sabbath. But let it be by the force of conviction activities on days that violate Moslem scruples?" and not by the force of the policeman. Let true religion triumph by the power of God in men's hearts, and not Hands Off by the power of fines and imprisonments." *** REFERENCES When Christianity was merely as a seed of mustard, Roy P. Basler, Abraham Lincoln: His Speeches and Writings (Cleve- land, Ohio: World Publishing Company), p. 355. Jesus Christ asked no aid of Caesar. His disregard of the 2 The New Schaff-Herzog Encyclopedia of Religious Knowledge (vol. 11, pp. 147, 148) cites Lord Mansfield on this point in the case of Swann v. man-made Sabbath laws of the scribes and Pharisees Browne, 3 Burrow, 1599. 3 American State Papers, William A. Blakely, comp. (Washington, D.C., stirred up their hatred and determination to take His life. Review and Herald Pub. Assn., 1949), pp. 19, 20. *5 titpisahrteStilutes at L9ar9tllye;aLof5iCshasles H. Chapter 7. He quietly sowed the seed of the Word of God, and Newman. California,n 6 District of Plaintiff Error- v. Charles Robinson, Washington watered it with His blood. In the face of bitterest per- Law Reporter 36:101-103, Feb. 14, 1908. Joshua Levering, Rev. William A. Davis, et al., v. Robert B. Ennis, et al. secution by the most powerful government of ancient Decided March 12, 1932.

Eastern Orthodoxy and Sunday Work

"Eastern Orthodoxy has never held to strict the Orthodox Church of Crete, gives this pic- 'no work' attitudes on Sunday," states The Amer- ture of Sunday "rest": "The Church .. . has been ican Review of Eastern Orthodoxy for February. toiling to meet its peoples' social needs. . . . I Pointing out that Jesus not only healed on the write 'toiling' . . . , because bishops and priests Sabbath (for which He was condemned) but alike are dripping with sweat from every pore. also harvested grain for consumption, the Re- . The Bishop's [Irenius of Castelli] . . . energy view characterizes the basic Orthodox attitude is startling. . . . He had spent the previous day and philosophy as "good sense and practicality." with his people ... and had helped them to man- Concluded the editor of the Review: "Justice handle 400 bags of cement up a ladder. . . . It Douglas apparently had the right 'feel' of the was a blazing hot day and a Sunday—a fact true philosophy of Sunday obscurantism—he which I emphasize to indicate the church's at- would have declared all such laws as uncon- titude to work. With them as with the monks of stitutional, an abridgement of religious freedom. old, to work is to pray, and it is neither heresy In his words: 'I dissent from applying criminal nor Sabbath-breaking for a bishop and his sanctions against any of these . . . since to do so priests after worship to engage with the faith- implicates the State[s] in religious matters con- ful in manual labor undertaken cooperatively trary to the Constitutional mandate.' " for the common good."—"Cretan Diary," Chris- Geoffrey Murray, writing of the activity of tian Century, October 18, 1961.

MAY-JUNE 29

as the editors see it

MR. KENNEDY AND THE CONSTITUTION A look at the capitalized phrase should reveal that it is not "President Kennedy who reads into these seem- RESIDENT KENNEDY may indeed see the ingly clear ten words a hidden meaning," as Mr. Royster United States Constitution "through a glass, says; it is the United States Supreme Court that has seen pdarkly," as is implied in an editorial by Vermont in them that which Mr. Royster and Mr. Lawrence have Royster, editor of The Wall Street Journal. But both evidently overlooked. If on the subject of voting rights Mr. Royster and David Lawrence, who reprints the edi- President Kennedy has failed to "locate a clause" known torial, which he calls "penetrating," in U.S. News & to "generations of old-fashioned law professors," he World Report for March 12, must yield to the President has, on the subject of Federal aid to church institutions, in his understanding of one clear prohibition: The giv- found one overlooked by a new generation of church- ing of Federal tax moneys to all religions equally is no state apologists. And so long as the Supreme Court sees more legal than the giving of tax moneys to some reli- these ten words as prohibiting aid to ALL RELIGIONS, gions exclusively. as well as aid given exclusively to one or another, The contrary is clearly implied by Mr. Royster in his President Kennedy can hardly be accused, in fairness, elucidation of the First Amendment: "Mr. Kennedy, of making the Constitution "whatever the President who is in favor of having the Federal Government take reads into it or out of it," as Mr. Royster concludes. on responsibility for supporting local schools, says he R. R. H. has discovered somewhere in the Constitution a great bar against the use of these federal funds to educate a child who attends a school with any religious spon- sorship." "Now it's true," says Mr. Royster, "that in the copy BAR+CHURCH=INCOMPATIBILITY we have in front of us the Constitution does say (First Here's a switch: Bar owners in Oakland, Cali- Amendment) that 'Congress shall make no law respect- fornia, protested the establishment of a church ing an establishment of religion.' . . . in their block—and won! "But all they [these ten words] clearly prevent is the The unusual turn of events came when the setting up of a State Church or the conferring upon Jerusalem Church of God sought a permit for one church of special favors denied to another. And public assembly in a building near two bars, two liquor stores, and a pool hall. even in this novel Federal Aid to Education bill," he "It's no place for a church," said the bar continues, "no one is proposing that aid be given ex- owners. "The location is ideal," said Louis Diel, clusively to church schools or to Catholic schools or a church deacon, adding, "We want to put God Protestant schools to the exclusion of each other." right out on the main street." Now, the President, like the rest of us, is subject to the Mrs. Herman Campbell, co-owner of a bar Supreme Court's interpretation of these ten words. And separated by only a thin partition from the pro- the Supreme Court has seen in them what Mr. Royster posed church hall, said, "We wouldn't appre- and Mr. Lawrence have missed: ciate their message and they would not appre- "The 'establishment of religion' clause of the First ciate ours." She added that the flock of the Amendment means at least this: Neither a state nor the Reverend M. L. Dozier would be unable to hear Federal Government can set up a church. Neither can his sermons because of the noise of her jukebox. pass laws which aid one religion, AID ALL RELI- Assistant City Clerk George Dini said it marked the first time bars had protested the GIONS,* or prefer one religion over another. . . . No location of a church. "Usually it's the other way tax in any amount, large or small, can be levied to sup- around," he said. port any religious activities or institutions, whatever they After a hearing the church yielded to its more may be called, or whatever form they may adopt to worldly neighbors and withdrew its application teach or practice religion."—Everson v. Board of Edu- to establish next-dcor to a tavern. cation, 330 U.S.1 (Feb. 10, 1947).

" The Supreme Court said it; we capitalized it.

30 LIBERTY, 1962 The Church as a Sovereign State the pontificates of the great popes were full of defeats. Gregory VII, who humiliated Henry IV at Canossa, died From page 25 in exile. In regard to the pontificate of Innocent III, G. G. . . . , and to me also . . . , "Whosesoever sins ye remit, they Coulton writes that it was "in one sense the greatest of are remitted unto them; and whosesoever sins ye retain, they medieval achievements," in another it was "the greatest are retained." . . . Thus it is that Peter can loose others, but of medieval failures." To a large degree, on account of he himself can be loosed by none. "Thou art called Kephas,'' the Inquisition, the seed had been sown of practices which saith He, which signifies Head. In the head is found the centre of man's senses, they are divided in every other member. were ultimately to prove the bane of the Papacy. Boni- All the rest are called to take their share in the welfare of face VIII, who expressed the highest claim of papal the body: but Peter alone has been raised to the plenitude of supremacy, died as a captive in the Vatican. power. You recognize now who is the servant put in charge of the The Achilles' Heel house. It is none other than the Vicar of Jesus Christ, the successor of Peter. He is the intermediary between God and When all historical facts are taken into consideration, man: beneath God, above man: less than God, more than they suggest that the claim of temporal supremacy al- man: he judges all, and is judged by none." ways became the Achilles' heel of the Papacy. Many of The temporal power of the pope, as expressed by Inno- the adherents of Roman Catholicism have been in the cent III, had its source in the pope's spiritual supremacy past, and are also at the present, embarrassed and wor- as the Vicar of Jesus Christ. The monarchs of Europe ried over its own hierarchy's political maneuvering. experienced this autocracy in a literal sense. At the death The creation of the new national states after Boniface of Emperor Henry VI in 1197, Germany was divided VIII, 1294-1303, curtailed to a large degree the exercise between Philip of Swabia and Otto of Brunswick. Inno- of the temporal powers of the Papacy. Yet, its interfer- cent played the one against the other and received con- ence in the national life of the European states contin- cessions from both. Finally, the young son of Henry VI ued through the centuries, motivated by its claim of was put forward by the pope and chosen as Frederick II. religious supremacy. Since the source of both the spiritual Thus Innocent had dictated the imperial succession. and temporal supremacy is the pope, it is impossible to In his dealings with France, Innocent upheld the cause draw an exact line between the boundaries of his tem- of morality and justice even in the case of the king. poral and spiritual maneuverings and aims. The Papacy Philip had unjustly divorced his wife, and for this sin the in its functions as the only "true catholic" church is not country was placed under interdict. Thus Philip was com- only a church but also a state, and in its performance of pelled to take back his queen. the duties as a state, both internal and external, it is also The third great power in Europe was England. Here, a universal church. It is this twofold aspect of Roman King John's candidate as archbishop was set aside by the Catholicism that makes it a riddle in present-day politi- pope. When John resisted, England was laid under an cal life. *** interdict, the king was excommunicated and his throne REFERENCES 7 Christopher Dawson, The Making of Europe (London: Sheed and Ward, declared forfeited. John submitted to the pope and ac- 1932), pp. 28, 29. lb;d., p. 29. knowledged the pope as the temporal overlord of Eng- n John P. McKnight, The Papacy, A New Appraisal (New York: Rine- hart and Co., Inc., 1952), p. 181. land. Henry L. Moss, The Birth of the Middle Ages, 395-814 (London: Ox- ford University Press, 1935), p. 16. During the twelfth and thirteenth centuries the popes Dawson, op. cit., p. 153. "Leo the Great, Sermons, ed. by Philip Schaff and Henry Wace (Grand had competed with the Hohenstaufen emperors over the Rapids, Mich.: Wm. B. Eerdmans Pub. Co., 1956), ser. 82, chap. 1, p. 195. 7 H. H. Milman, History of Latin Christianity (London: John Murray, temporal supremacy of Europe. The Papacy sought to 1854), vol. I, pp. 451, 452. Philip Schaff, History of the Christian Church (third revision; New destroy the Hohenstaufens and thus gain full temporal York: Charles Scribner's Sons, 1891), vol. 4, p. 99. Charles J. Hefele, A History of the Christian Councils (Edinburgh: supremacy. The misfortune of Emperor Frederick II, T. & T. Clark. 1896), vol. 5. p. 281. " Charles W. Previte-Orton, The Shorter Cambridge Medieval History 1215-1250, was that he had "given the Popes a hold (Cambridge: University Press, 1952), p. 248. ', Cambridge Medieval History, H. M. Gwatkin and J. P. Whitney ( eds.), over him which they well knew how to use. . . . With (New York: The Macmillan Co., 1926), vol. 2, p. 581. Hereafter referred to as C. M. H. Frederick fell the Empire." '4 One historian writes: 12 Schaff, op cit., vol. 4. p. 234. " Horace K. Mann, The Lives of the Popes in the Early Middle Ages With the overthrow of the Hohenstaufen emperors, the (London: Kegan Paul, Trench, Trubner & Co., Ltd., 1902), vol. 1, p. 309. Pope stood forth in strong relief as the sole heir and repre- 14 Louis Duchesne, The Beginnings of the Temporal Sovereignty of the Popes, A.D. 754-1073, A. H. Mathew ( trans.), (London: Kegan Paul, sentative of the claim of ancient Rome to universal rule. This Trench, Trubner & Co., Ltd., 1908), p. 44. 12 Schaff, op. cit., vol. 4, pp. 234, 235. universality of papal supremacy was not only ably defended "Mann, op. cit., vol. 1, ii, p. 313. by keen ecclesiastical priests, by the canon law, by the legisla- "Schaff, op. cit., vol. 4, p. 235. 14 Alexander C. Flick, The Rise of the Medieval Church (New York: The tion of numerous councils, and by many historical precedents; Knickerbocker Press, 1909), p. 344. "James Bryce, The Holy Roman Empire (London: Macmillan and Co., but also by the brainiest theologians of the Thirteenth century, Ltd., 1950), p. 149. such as Albertus Magnus, Duns Scotus, and Thomas Aquinas, 2" Previte-Orton, op. cit., p. 456. 21 Geddes MacGregor, The Vatican Revolution (Boston: Beacon Press, who sought to prove that submission to the Roman Pontiff 1957).p. 102. 22 Flick, op. cit., p. 450. was required of every human being.' 22 C. H. C. Pirie-Gordon, Innocent the Great (London: Longmans, Green, and Co., 1907), pp. 225, 226. Thus it looked as if the Papacy was triumphing every- "4 Bryce, op. cit., pp. 204, 208. A. C. Flick, The Decline of the Medieval Church (London: Kegan Paul, where, but under the surface, forces developed as a reac- Trench, Trubner & Co., Ltd., 1930), pp. 5, 6. Hereafter D. M. C. G. G. Coulton, Five Centuries of Religion (Cambridge: At the Uni- tion against the temporal supremacy of the Papacy. Even versity Press, 1950), vol. 2, p. 18.

MAY-JUNE 31 world report

UNITED STATES The Oregon Supreme Court decision affects all parochial elementary schools in the State. All districts Ohio Court Rules Movie Obscene, Upholds except Portland are awaiting a directive from the State Exhibitor's $2,500 Fine Superintendent of Public Instruction before taking ac- Columbus, Ohio.—The Ohio Supreme Court has ruled tion. that a motion picture, "The Lovers," is obscene, and up- In his advisory to the school board, Mr. Anderson held the conviction of a Cleveland Heights art-theater said "it appears almost certain" that public-supported manager who had been convicted of violating the State's parochial school transportation services will be held un- anti-smut law in showing it. constitutional, and he said it would be unwise to spend Attorneys for the manager, Nico Jacobellis, said they funds for transporting parochial school children unless will appeal the case to the U.S. Supreme Court. He had the courts affirm the board's right to do so. been fined $2,500 in June, 1960, by a three-court panel of judges sitting in Cuyahoga County. Yale University Launches Lecture Series in The judges also upheld the constitutionality of the Roman Catholicism obscenity law, saying it was "a valid exercise of the New Haven, Connecticut.—Yale University has police power of Ohio," and adding, "It is enacted for launched a series of annual lectures in the field of Roman the protection of its citizens, and a proper conviction of Catholicism, which will bring to the school distinguished a violator will be sustained." speakers in theology, philosophy, history, and the Scrip- Concerning the film, the court held: tures. "This film runs for 90 minutes. . . . It was 87 minutes The series, known as the St. Thomas More Lectures, is of boredom induced by the vapid drivel appearing on named after the sixteenth century British Roman Cath- the screen, and three minutes of complete revulsion olic lawyer and martyr who was beheaded in 1535 by during the showing of the act of perverted obscenity. King Henry VIII. —The Lovers' was not pornography—that is for First lecturer was Father John Courtney Murray, S.J., filth's sake—it was worse. It was filth for money's sake." of Woodstock (Md.) College, noted Catholic theologian The opinion, by a 6-1 vote, emphasized that the and author, who inaugurated the series with three weekly word obscene is not ambiguous, saying: "The test ap- talks in February. plied to determine obscenity is not what the individual involved deems obscene, but rather what the community Sabbatarian Exemption to Sunday Laws Backed as a whole would consider obscene—a matter which is by Worcester Catholic Diocese readily ascertainable." Worcester, Massachusetts.—The Roman Catholic Diocese of Worcester has gone on record in support of Portland Halts Free Textbooks Service to the Massachusetts Sunday blue laws, with certain changes Parochial Schools that would include the exemption of Sabbatarians (those Portland, Oregon.—Portland's school district has an- who observe Saturday as the Sabbath) from the law. nounced it will no longer provide free textbooks to In a statement read to the legislature's Joint Com- parochial elementary schools and that it will recall at mittee on Mercantile Affairs, Father Robert G. Howes, the close of the current semester all books distributed the bishop's representative, announced the diocesan stand under a twenty-year-old State law that was ruled un- approved by Bishop Bernard J. Flanagan. constitutional in November. The 300-year-old blue laws have come under scrutiny It said parochial schools will be asked to pay for any as a result of the U.S. Supreme Court decision of last books that have been lost or destroyed or are unfit for year upholding their constitutionality. The result has further use. been a much stricter enforcement of the laws. The board acted on the advice of its attorney, Grant Among points made by Father Howes were these: T. Anderson, who indicated that the board also should 1: "Sunday legislation should be separated from holi- curtail health services, bus transportation, and home day legislation." (Since the Supreme Court decision, teacher services now provided to parochial schools or police officials have enforced the blue laws on legal their pupils. holidays as well as on Sundays.)

32 LIBERTY, 1962 2. "Clear and adequate provision, subject to the it says nothing about airplanes, trucks, radio, or TV, overriding demands of the common good as nearly as the Alliance noted. reasonable men can estimate that common good, must be The Alliance also pointed out that because of a Su- incorporated in the Lord's Day legislation for the pro- preme Court of Canada decision declaring that the tection of observing Sabbatarians." Government-owned Canadian Broadcasting Corporation 3. "Given the fact that the use has already been is not liable to prosecution under the Act, a number of declared by the U.S. Supreme Court to be constitutional, charges against local stations have been withdrawn. we urge the retention of the title and substance of the In view of this situation, and since it is not likely that phrase "Lord's Day" in any revision and/or replacement Sunday broadcasting will be stopped, the Alliance said of pertinent legislation in the Commonwealth." regulation of advertising seems to be a fair solution. 4. "We second fully the statement of totally civic The brief also said this would equalize the treatment purposes as an integral part of Sunday legislation. In given to all the media, since newspapers and magazines fact, Church leaders have repeatedly emphasized these are not allowed to publish on Sundays. purposes in their own approach to such legislation." Other areas not mentioned in the Act and which require study to formulate fair laws are long-range Kansas' Sunday Closing Law Ruled trucking, the development of automation in manufac- Unconstitutional turing and vending, and sports and entertainment events Topeka, Kansas.—The Kansas Supreme Court has on Sundays, the Alliance said. declared this State's blue law unconstitutional, removing the 107-year-old ban against merchandising on Sunday. FRANCE Coming only a few months after the Missouri Su- preme Court upheld that State's blue law, the decision creates a confused situation in cities along the Missouri- French Court Holds County May Endorse Kansas State line. Church Building Loans Kansas stores may now make unrestricted sales on Lyon, France.—A French county court has ruled con- Sunday, while similar firms on the Missouri side of the stitutional a plan under which a local government will State line are prohibited from selling anything except underwrite a loan to construct churches in new housing "essential" items. developments. Despite the advantage given Kansas merchants, Mis- The decision held that Rhine County could legally souri officials assert that they will continue to enforce guarantee a loan of $1.4 million sought by a Roman the State's ban. Catholic diocese to build churches in newly built districts "It's the law," asserted Thomas Eagleton, attorney of Lyon. general, "and we have no choice." In France, as in the United States, church and state are The difference between Missouri and Kansas Supreme separated under the law. The issue of state aid to paro- Court rulings on the blue laws puzzles some lawyers in chial schools has long been a matter of controversy. the Missouri-Kansas area because the Kansas law was a copy of the Missouri statute. In knocking out the Kansas law, that State's court GREAT BRITAIN ruled that the statute's exceptions to Sunday sales are "so general, vague and indefinite" that individuals charged Devil Returned to Anglican Catechism with enforcing the statute could not determine its mean- London, England.—The devil is back—and he can ing. now be found by name in the revised catechism of the CANADA Church of England. A committee preparing a new modern language ver- Canadian Government Urged to Modernize 1906 sion of a catechism for children last year decided not to Lord's Day Act refer to the devil by name. Ottawa, Canada.—The Lord's Day Alliance has asked But later in the year another meeting of the com- the Canadian Government to modernize the 1906 Lord's mittee disclosed that there was strong opposition to the Day Act and to regulate radio and television advertising deletion of all references to Satan. on Sunday. New printed copies of the revised catechism have been In its brief to Prime Minister John Diefenbaker the sent to all members of the Convocation of Canterbury, Alliance pointed to several portions of the Act which it provincial constitutional assembly of clergymen and said need revision. The Alliance is an interdenomina- laity which is slated to meet in mid-January. And the tional group dedicated to preserving Sunday as a day of devil has been reinstated. rest and worship. Instead of the old phrase, "I renounce the devil and While the Lord's Day Act deals with such matters all his works," confirmation candidates will now say, "I as hiring a small boat or a horse and carriage on Sunday, would renounce the devil and fight against evil."

MAY-JUNE 33 ITALY

Malta's Bishops Warn Catholics Against Voting for Labor Party Valetta, Malta.—Malta's two Roman Catholic bish- ops, in a joint pastoral letter read at Sunday masses, warned the Catholic faithful not to vote for the Labor Party in the February 17 general elections unless they wanted Malta to become another Cuba. The bishops—Archbishop Michael Gonzi, of Malta, and Bishop Joseph Pace, of Gozo—accused former Prime Minister Dom Mintoff, head of the party, of LIBERTY advancing "anti-Catholic and Socialist principles." "Ensure that what happened to the Catholics of Cuba Liberty is a necessity for all men. But liberty wil does not happen here," they exhorted. "They were de- not maintain itself. Men must join their interests to ceived and are today suffering harsh persecution from preserve it. Make LIBERTY: A MAGAZINE OF RE those who promised to uphold the Catholic way of life LIGIOUS FREEDOM your agent in fighting for free dom. in their homeland." Earlier, Bishop Pace placed under an ecclesiastical Send LIBERTY to five of your friends NOW. The need interdict all Catholic candidates seeking votes in the elec- LIBERTY. Enter their names and addresses or the form below. When sending in more names, yot tions as members of the Labor Party. may attach an additional sheet of paper containing names and addresses. Turin Priest Assails "Twist" as Immoral

Turin, Italy.—A Roman Catholic seminary professor International Religious Liberty Association: has used no uncertain words in condemning the "Twist." Please send LIBERTY: A MAGAZINE OF RELI "Its undulations provoke laughter and the urge to GIOUS FREEDOM, published in the nation's capital vomit," wrote Msgr. Attilio Vaudagnotti, professor of dogmatics at a Turin seminary, in an article in the Turin To Catholic weekly Our Times. His attack on the "Twist" contended that the latest Street dance craze is as immoral as the One Step, the Bunny City Zone State Hug, and the Charleston were in their heyday. To POLAND Street

Two Priests Jailed by Communist Court for City Zone State Distributing "Anti-Polish" Book Warsaw, Poland.—Two Roman Catholic priests have To been sentenced by a Communist court at Lodz to three Street years' imprisonment on charges of distributing an "anti- City Zone State Polish" book, according to the Warsaw newspaper Kurier Polski. To It identified the priests as Fathers Marcian Kassalski and Stanislaw Janik, both of Lodz, central Poland. Street The paper said the priests were convicted of illegally City Zone State typing copies of a book published in France which, in the court's opinion, lampooned the political and economic To situation in the Soviet Union as well as in Poland and other Communist countries. Street It said the priests distributed the typed copies of the City Zone State book to priests and Catholic lay workers without the Rates: permission of the Office for Control of Press Publications and Public Entertainment. Subscription rate: $1.25 a year. Slightly higher in Canada. Check ❑ ❑ ❑ According to Kurier Pohki, Father Kassalski also was Money order Currency found guilty of illegally attempting to obtain cheap rail- Send your order to the road tickets. International Religious Liberty Association 34 6840 Eastern Avenue, Washington 12, D.C. TAKE SIDES! Take sides! This is no time to be Indifferent to our country's fate. A world in trouble waits to see How freedom settles problems great. Take sides! Whatever choice we make, Democracy is now at stake. Take sides! At us the tyrant sneers, The despot shouts that we have failed. Back goes the world a thousand years If we shall falter, thus assailed. Take sides! Democracy requires The faith and courage of our sires.

Take sides! 'Tis liberty at stake And all the cherished dreams of man! Our fathers fought for freedom's sake; Now ours the task which they began. Take sides! And let a worn world see The triumph of democracy! —Edgar A. Guest OUR

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