Relief

PRAYER FOR. A bill in equity concludes with such prayer for specific relief as the plaintiff deems himself entitled to under the averments of the bill; and a prayer for general relief is usually added. See Bill. RELIGION (Lat. re, back, ligo t to bind). Real piety in practice, consisting in the performance of all known duties to God and our fellow-men. It has been held to include the principle of gratitude to an active power who can confer blessings. 38 L. J. M. C. 5. The constitution of the United States provides that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." See Story, Const. 1870; Miller, Const. 645. Congress cannot pass a law for the government of a territory which prohibits the free exercise of religion; Reynolds v. U. S., 98 U. S. 1 62, 25 L. Ed. 244; religion is not defined in the constitution, its meaning there must be ascertained elsewhere. Jefferson was the leader of the movement for placing this clause in the constitution; id. See 12 Hening’s Stat. 84; 1 Jeff. Works 45, 79; 2 id. 355; 8 id. 113. This provision and that relating to religious tests (q. v.) are limitations upon the power of congress only; Cooley, Const. 205; perhaps the fourteenth amendment may give additional securities if needful; id. By establishment of religion is meant the setting up of a state church, or at least the conferring upon one church of special favors which are denied to others; 1 Tuck. Bla. Com. App. 296; 2 id. App. n. G. The Christian religion is, of course, recognized by the government, yet not so as to draw invidious distinctions between different religious beliefs, etc.; Cooley, Const. 206. As to a religious country; Church of Holy Trinity v. U. S„ 143 U. S. With the exception of these provisions, the preservation of religious liberty is left to the states. The various state guarantees have been summed up by Judge Cooley, who says that under American constitutions the following things are unlawful: 1. Any law respecting the establishment of religion. 2. Compulsory support by taxation or otherwise of religious instruction. 3. Compulsory attendance upon religious worship. 4. Restraints upon the free exercise of religion according to the dictates of conscience. 5. Restraints upon the expression of religious belief. Const. Lim. 575. The constitutions of most of the states forbid any religious test for holding office, except that in some states belief in the existence of God is required. A person’s religious belief cannot be accepted as a justification for his committing an overt act, made criminal by the law of the land (polygamy); Reynolds v. U. S., 98 U. S. 145, 25 L. Ed. 244. By the constitution “congress is deprived of all legislative powerover mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order;” id., 98 U. S. 164, 25 L. Ed. 244. Where the parents of a sick child omitted to call in medical attendance because of their religious belief that what they did would be effective, they were held not guilty of manslaughter; 10 Cox, Cr. Cas. 531; otherwise, if they had actively starved it to death under like religious belief; id. A father who belonged to a sect called the “Peculiar People” was convicted of manslaughter for neglect to provide medical aid for his child; [1899] 1 Q. B. 2S3. “Religious belief” is no defense to a prosecution for failure to procure medical attendance for a sick child; Owens v. State, 6 Okl. Cr. 110, 116 Pac. 315, 36 L. R. A. (N. S.) 633, Ann. Cas. 1912B, 1218. See Reynolds v. U. S., 98 U. S. 167, 25 L. Ed. 244. “But beyond all these matters no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people. This is historically true.” Holy Trinity Churcfi v. U. S., 143 U. S. 465, 12 Sup. Ct. 511, 36 L. Ed. 226. The opinion quotes from the early charters of the colonies, the Declaration of Independence and from state constitutions, and then adds: “There is no dissonance in these declarations. There is a universal language pervading them all, having one meaning; they affirm and reaffirm that this is a religious nation. These are not individual sayings, declarations of private persons; they are organic utterances; they speak the voice of the entire people.” The opinion quotes the language of Updegraph v. Com., 11 S. & R. (Pa.) 394: “Chrissylvania;... not Christianity with an established church, and tithes, and spiritual courts; but Christianity with liberty of conscience to all men.” It also quotes the opinion of Kent, Ch., in People v. Ruggles, 8 Johns. (N. Y.) 290, 5 Am. Dec. 335: “The people of this state, in common with the people of this country, profess the general doctrines of Christianity, as the rule of their faith and practice.” In the Girard Will Case, 2 How. (U. S.) 127, 11 L. Ed. 205, it was said: “It is also said, and truly, that the Christian religion is a part of the common law of Pennsylvania.” An agreement by the District of Columbia to erect buildings on the grounds of a private incorporated hospital, in charge of Roman Catholic sisters, to be used by poor patients sent there, is not in conflict with art. 1 of the United States constitution forbidding congress to make laws for the establishment of religion; Bradfleld v. Roberts, 175 U. S. 291, 20 Sup. Ct 121, 44 L. Ed. 168. As to reading the Bible in schools, see Schools. See Association; Charities; Charitable Uses; Polygamy; Religious Test; Religious Education; Religious Society; Christianity. As.to religious belief as a qualification for a witness, see Witness; Ecclesiastical Law; Constitution of United States.