Mirror of Justice

The Atlantic re-ran Charles C. Marshall's striking "Open Letter" -- written to express the author's concerns about Smith's Catholicism and its implications for his presidential campaign -- to Al Smith.  (Here is Smith's response.)  As a general matter, but particularly in the current situation, it's well worth a (re)read.  Here are a few excerpts:

. . . The Roman Catholic Church, of course, makes no claim, and never has made any claim, to jurisdiction over matters that in her opinion are solely secular and civil. She makes the claim obviously only when the matter in question is not, in her opinion, solely secular and civil. But as determination of jurisdiction, in a conflict with the State, rests solely in her sovereign discretion, no argument is needed to show that she may in theory and effect annihilate the rights of all who are not Roman Catholics, sweeping into the jurisdiction of a single religious society the most important interests of human well-being. The education of youth, the institution of marriage, the international relations of the State, and its domestic peace, as we shall proceed to show, are, in certain exigencies, wrested from the jurisdiction of the State, in which all citizens share, and confided to the jurisdiction of a single religious society in which all citizens cannot share, great numbers being excluded by the barriers of religious belief. Do you, sir, regard such claims as tolerable in a republic that calls itself free? . . .

. . . At the present time no question assumes greater importance than the education of youth. The legislature of Tennessee, of Oregon, and of Nebraska have of late laid impious hands upon it and the judiciary has sternly curbed them. From what has been said above, it is clear that the claims of the Roman Catholic Church touch this point; more than those of any other institution, may conflict with the authority of the State.

It is true that in the famous Oregon School cases the Supreme Court of the United States held a state law unconstitutional that forbade parents to educate their children at church schools of every denomination. But there was no assertion in the law that the church schools in question gave instruction inconsistent with the peace and safety of the State and there was no allegation of that tenor in the pleadings. On the record the church schools were void of offense. But, had that feature existed in the cases, it would necessarily have led to a reversal of the decision. There would have been conflict between Church and State as to whether the instruction was consistent with the peace and safety of the State. The Roman Catholic Church, if true to her doctrine, would have had to assert excusive jurisdiction over the determination of this point. Equally the State, in self-preservation, would have had to assert exclusive jurisdiction. The conflict would have been irreconcilable. What would have been the result and what the test of a sincere and conscientious Roman Catholic in executive office on the bench? . . .