Such a resolution as this last may work in Illinois, though it is doubtful, but with their own statement made in that convention, it is certain that this resolution can never work under the Constitution of the United States. They stated in the convention that the Sabbath is "the test of all religion." To demand that candidates or political officers shall pledge themselves to vote for the enactment and enforcement of statutes in favor of the Sabbath is, therefore, to require a religious test as a qualification for office. The national Constitution declares that "no religious test shall ever be required as a qualification to any office or public trust under this Government; "consequently, no Sabbath or Sunday-law test can ever be applied to any candidate for any national office or public trust.
It is true they use the word civil in the resolution, but that corresponds with much of their other work. There is not, and there cannot be, any such thing as a civil Sabbath. The Sabbath is religious wholly, and they know it; and in all their discussion of this resolution and the subject generally in the convention, it was as a religious institution, and that only.
Senator Blair -- Is there any other point you would wish to present?
Mr. Jones -- There is another point, and that is, that we will be sufferers under such a law when it is passed. They propose to put in an exemption clause. Some of them favor an exemption clause, but it would not in the least degree check our opposition to the law if forty exemption clauses were put in, unless, indeed, they should insert a clause exempting everybody who does not want to keep it. In that case, we might not object so much.
Senator Blair -- You care not whether it is put in or not?
Mr. Jones -- There is no right whatever in the legislation; and we will never accept an exemption clause as an equivalent to our opposition to the law. It is not to obtain relief for ourselves that we oppose the law. It is the principle of the whole subject of the legislation to which we object; and an exemption clause would not modify our objection in the least.
Senator Blair -- You differ from Dr. Lewis?
Mr. Jones -- Yes, sir, we will never accept an exemption clause, as tending in the least to modify our opposition to the law. We as firmly and as fully deny the right of the State to legislate upon the subject with an exemption clause as without.
Senator Blair -- There are three times as many of you as of his denomination?
Mr. Jones -- Yes, sir; there are nearly thirty thousand of us, and we ask for no exemption clause. We stand wholly upon the principle of the question. There should be no exemption from a just law. If the law is right, it is wrong to exempt.
In 1887 Mrs. Bateham herself wrote and printed a "Letter to Seventh-day Believers," proposing in substance that if we would help them to secure a Sunday law, they would exempt us from is penalties. We replied then as we reply now and always. We will not help you to put upon others what we would not have put upon ourselves.
Senator Blair -- You object to it?
Mr. Jones -- We object to the whole principle of the proposed legislation. We go to the root of the matter, and deny the right of Congress to enact it.
Senator Blair -- You say that the proposed exemption does not make it any better?
Mr. Jones -- Not a bit; because if the rightfulness of the legislation be admitted, then we admit that it is the right of a majority to say that such and such a day shall be the Sabbath or the Lord's day, and that it shall be kept. The majorities change in civil government; the majority may change within a few years, -- may change, in fact, at any election, -- and then the people may say that the day which we believe should be kept must be observed, or they may say that this day shall not be kept. If we admit the propriety of the legislation, we must also admit the propriety of the legislation to the effect that a certain day shall not be kept, and it makes every man's observance of Sunday, or otherwise, simply the football of majorities. That has been the course of religious legislation from the formation of the papacy onward, and that is the end of religious legislation of all kinds everywhere.
Senator Blair -- Do you not think there is a distinction between a majority in a monarchical government, and a majority in a republican government? In a monarchical government the majority is simply one man who has power.
Mr. Jones -- But in a republic when you throw this subject into civil affairs, it makes a great deal of difference. Why, sir, we would object to the passage of a law enforcing the observance of the day which we keep, and to accept an exemption clause would only be to contradict ourselves. Allow me to illustrate this: There was a time when we did not keep the seventh day as the Sabbath. While we did not keep it, we had the right not to keep it. We became convinced that we ought to keep it; and we are now doing so. We have the right to keep it. More than this, we have the right again not to keep it if we choose not to keep it. But if, while keeping it, we should consent to the State's assumption of power to compel us to do that which we have the right to omit if we please, we would therein resign our freedom of religious faith and worship. If these people would only think on this question, they would see that they themselves cannot afford to consent to this legislation, much less demand it. No man can ever safely consent to legislation in favor of the form of faith or worship which he himself professes. In so doing he resigns his right to profess some other form of faith if he should become convinced that other form is nearer the truth than his own. He virtually resigns his right to think any further on the subject of religious observances, and must thenceforth accept them ready made from the legislative power; that is, as the majority may dictate. The Sunday observers may thus give away their religious liberty if they choose; but as for us, we do not propose to do it. We are going to assert and maintain our rights. And when these give theirs away, we are going to assert their right to re-assert their rights.
Another thing: An exemption clause is only a toleration clause in disguise. For us to accept it would be but to confess that all religious rights are summed up in the majority, and that we are willing to accept from them whatever religious liberty they think we ought to have. But no such confession, sir, will we ever make. To no such thing will we ever consent or submit. We are Americans, sir, and citizens of the United States, too, and we assert all the rights of American citizens. The vocabulary of American ideas knows no such word as "toleration." It asserts rights. As was said by the Senate Committee on this very subject sixty years ago, so say we, --
"What other nations call religious toleration, we call religious rights. They are not exercised by virtue of governmental indulgence, but as rights, of which government cannot deprive any portion of citizens, however small. Despotic power may invade those rights, but justice still confirms them."
Nor is this all that there is to be said on this point. There is another principle involved. If we should accept the exemption clause, it would not help the thing. It would be exceedingly short. Suppose an exemption clause were given. There are people who would profess to be Seventh-day Adventists for the express purpose of getting a chance to open saloons or houses of business on Sunday. Therefore in outright self-defense, the majority would have to repeal the exemption clause.
Senator Blair -- Call Mrs. Bateham's attention to that.
Mr. Jones -- Let me repeat it. If you give an exemption clause -- it has been tried -- there are reprehensible men, saloon keepers, who know they will get more traffic on Sunday than they can on Saturday, and they will profess to be Seventh-day Adventists, they will profess to be Sabbath keepers. You cannot "go behind the returns," you cannot look into the heart, you cannot investigate the intention, to see whether they are genuine in their profession or not. They will profess to be Sabbath keepers, and then they will open their saloons on Sunday. Then in outright self-defense, to make you position effective, you will have to repeal that exemption clause. It will last but a little while.
Senator Blair -- I agree with you there.
Mr. Jones -- For that reason these people cannot afford to offer an exemption clause; and for the reason that it puts the majority in the power of our conscience, we deny the right to do anything of the kind. I ask the organizations represented here to think of this after this hearing is over. It will bear all the investigation they choose to give it.
Senator Blair -- I should like to call everybody's attention to the point. If you need any legislation of this kind, you would better ask for legislation to carry out your purposes, and be careful that in the effort to get the assistance of the parties against you, you do not throw away the pith and substance of all for which you ask.