Civil Government and Religion [pp. 195-236]

200 CIVIL GOVERNMENT AND RELIGION. [April,
the race; the sacredness of life and person, of chastity and marriage; of the right to one's labor and its fruits; of truth as against
all falsehood; while the last precept reaches the desires and
covetings of the soul. These, indeed, cannot be the direct object of human cognizance or legislation, since "man looketh on
the outward appearance, but the Lord looketh on the heart;"
but still they are so far recognized as belonging to the essence
of morality, even by human lawgivers, that they profess: I. To
enjoin only such actions as a right inward spirit would prompt;
2. To forbid only what, if duly informed, it would forbid and
refrain from; 3. To punish as crimes only such as bear a presumption of ill-intent, which presumption the accused may rebut. Thus in murder the design not only to take life, but with
"malice aforethought," or murderous intent, is essential not
only to the moral, but the legal crime. Although the killing
be proved, yet if it be proved to have been done for a lawftil purpose, or without murderous intent, the crime of murder is disproved. So of theft: the taking of the property of another
without his consent, if proved to have been done for a lawful
purpose, is no longer theft.
Now, in regard to the second table, or the man-ward part, of
the decalogue, there can be no question that it underlies and
ought to control all human legislation in the various stations and
relations to which it refers, insomuch that: I. Lawgivers may
never rightfully enjoin or positively sanction any violation of
them; 2. In all practicable ways consistent with their proper
functions and prerogatives, they must enforce and promote their
observance by visiting suitable penalties upon the transgressors
of them. Indeed,the larger part of all civil statutes aim a~ the
direct or indirect application and enforcement of them. And
as to the common, in distinction from the statute law, it is but
the unfolding and application of the principles of eternal justice, as embodied in the decalogue, to the progress';ve and ever
varying conditions of mankind in civil society.
Now, if w& pass to the ot4ier table, the God-ward part of the
law, while it has nothing to do with any union of Church and
State, or with enjoining the adoption or support of any sectarian form of religion by the State, yet, in perfect consistency
with this, it forbids all worship or recognition of idols or false
gods in place of the one living and true God, all worship or