struction of all remedial statutes, three things are to be considered:-The old law, the mischief and the remedy. What was the old law in this case? It was, that Clergymen, generally speaking, had all the privileges of laymen, and rather more. They partook, generally speaking, of the civil and mili tary powers of the state, or at least were not excluded from them. What was the mischief supposed to have been created thereby? It was, that by mingling in the turbid streams of civil, political or military strife, they were diverted from, if not rendered unfit for their proper and sacred functions; by which means the church was neglected or corrupted. And how was this mischief to be remedied? By confining them to their proper and sacred functions: And this was accomplished by the clause before us: For a brief view will show that the station of Chaplain does not partake at all of a civil or military office or place: And as by the express terms of the Constitution "each house" of the Legislature "shall choose its own officers," each, of course, has full discretion as to what officers it "shall choose," and may, in the exercise of that discretion, "choose" a Clergyman or a Layman, to the pious and devotional office of Chaplain.

Firstly-As Chaplain, a Clergyman performs neither a civil nor a military duty. The duty, which he performs, is strictly and literally a religious and pastoral duty. It has no connection, in any degree, shape or manner whatsoever, with the civilian or the hero, the magistrate or the soldier, the judge or

the executioner. It is purely pious and devotional. The honor, prosperity and glory of the civil and military powers, may be promoted by it through the grace of God, as being moved by it; but it partakes not, in its essential character, of either of these powers; and is not only a proper, but, strictly speaking, a constitutional office, or place, as much so as that of Governor, Senator, or Assemblyman. You violate your oath to support the Constitution, very nearly, if not full as much, by accepting your present office or place under it, as you would have done in voting for the appointment of Chaplains. This constitutional doubt or difficulty, my dear sir, is the most contemptible scare-crow, the most petty and insignificant objection ever raised before in any parliamentary body. The talented and very profligate Infidels of the reign of the "Merry Monarch" of England, and who filled the court of that royal buffoon, that silly, weak and wicked tyrant, would have blushed at raising such an objection, on such ground, although they had to contend with such fanatics as Praisegod Barebones; whereas you are opposing all rational and sound Christians of every sect, if not all great and good men. But it is not your want of intellect; for you have given ample proofs of that in your able and useful essays on several important subjects, in which I have agreed with you; but it is because you have suffered your hasty, preconceived notions, to prevail over your calm and rational judgment, that you have assailed on the floor of the Assembly, as unconstitutional, a

measure which is not only constitutional, but called for by all the noblest principles of human nature, all the respect, which man owes to himself as an intellectual being, raised above brutality, and all the reverence which he owes to that God, whose goodness has thus eminently raised him and placed him so little below the Angels: I say the practice is strictly constitutional, though not literally provided for in the Constitution; because there is a difference between the state and federal Constitutions. The federal Constitution being a league of sovereign states, whatever is not expressly granted, is reserv. ed by the states; this is a point which I have never doubted; but in the state Constitution, powers not specified, may still be exercised, if consistent with reason and justice, and called for by the public welfare; and more especially when literally, or by fair implication, flowing from that Revelation, which is paramount to all human laws. This distinction must be plain to every man of common sense: For when sovereign, independent states, form a confederacy, each knows precisely what specific powers it means to surrender, and what it means to retain: But a sovereign people, in forming their Constitution, can never foresee all the powers that it may be necessary their government should exercise; and hence they can only fence in their liberties by strong general lines of demarcation, leaving the rest to the discretion of their rulers. This two fold view, brief as it is, forms the abstract theory of the American Constitutions. The same discre

tion, then, in the State Legislature, by which they have passed laws, or resolutions, for paying the postage of letters, received from their constituents, out of the Treasury; for furnishing themselves with red books, penknives, and stationary, also at the public expense; and for creating many new offices, from time to time, that are not specified as necessary to be created, in the Constitution ; may, with at least equal necessity and propriety, be extended to the expense and the appointment of Chaplains. Is it of more importance to the members, or the public, that they should have red books and penknives, than prayers at the opening of their daily sittings, at the public expense? One would think, that they ought to be contented with their daily wages, and the honor of serving the people, without making the latter pay for their penknives! I should not, however, have introduced these remarks, but for the niggardly objections, which have been made by some of our penny-wise Legislators, to the expense of Chaplains the very small expense of showing a small mark only of respect, reverence and affection, for their Divine Creator, Preserver and Benefactor! Pause, then, again, I beseech you, my good friend, on the rude, indecorous, heedless and heartless attempt to banish prayer from the sanctuary of the laws, which ought to be the seat of the purest piety as well as the purest patriotism. Recollect, that you are a man of science; and that God is the sole and eternal fountain of science: Recollect, that you are a man of genius; and that genius is the

emanation and the gift of heaven alone: And if you cannot believe, as a Christian, at least do not let down or degrade genius and science, by assailing one of the best safe-guards of religion and liberty; but leave all such assaults to the horse-racers and the gamblers, the bullies and the black-legs of the turf and the cock-pit, the billiard and the bar-room. These are the choice spirits, to wage such a war; then let them wage it; but let not the philosopher and the philanthropist, the scholar and the gentleman, like Thomas Herttell, envy the plumes which they wear, or the laurels they may win, in so unhallowed and disgraceful a warfare against the Throne of Heaven, and the happiness and prosperity of mankind.

To illustrate a little further, the unsoundness of your construction of the Constitution in this case, let us go back to another age; an age, which we cannot recur to without feelings of reverence and gratitude, not only for our immortal ancestors; but for that God who sustained them in their high and holy career, of extending the Redeemer's kingdom on earth, and opening an asylum for the opprest of all nations.

In the old Indian wars in New-England, soldiers were placed as sentinels at the doors of the churches, to warn the congregations of danger from any sudden attacks of the Savages. Suppose, for example, the Constitution of Massachusetts, or that of any other New-England state, had said :-No soldier shall, at any time hereafter, under any pre