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Posted 1/29/2010
In the Case of Holy Trinity Church vs. U.S. The Supreme Court Asserts That “This is a Christian Nation”
“These and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation.” U. S. Supreme Court 1892.
Holy Trinity Church, incorporated under the laws of the state of New York, made a contract with E. Walpole Warren, an alien residing in England, to enter into service as rector and pastor of the church. It was claimed by the U.S. That this contract was forbidden by federal law. Chapter 164, 23 St. pg 332 made it illegal to “encourage the importation or migration, of any alien or aliens, foreigner or foreigners, into the United States...” The circuit court held that this contract was in violation of the law. Justice David Brewer was the son of Christian missionaries. He wrote the decision for the unanimous majority of the court.
It has been argued by opponents of Christianity that the statement “this is a Christian nation” cannot be used as precedent because it is dicta. Dicta is a digression from the main arguments, and the central point of the case being argued before the court. Dicta refers to short statements which are "not upon the point or question pending, as if turning aside for the time from the main topic of the case to collateral subjects." Rohrbach v. Ins Co. 62 NY 47, 58 See Black's Law Dictionary.
First, this phrase is a part of the central support of the case, as the case argues several points then states, “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.” Then Justice David Brewer proceeded with 17 paragraphs listing “organic utterances” proving that the United States is a Christian nation. Next he added a paragraph appealing to proofs beyond the “organic utterances”, and finally states, “These and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation.” concluding that congress could not have intended to have made it illegal for a church to contract with a minister from another nation.
Secular Humanist judges have used dicta from Everson vs. Board of Education to secularize the nation since 1947. In this case the court ruled that parents with children in private religious schools could be reimbursed by the state for transportation to and from school. But the majority made an obscure comment about the separation of church and state, which the minority argued should have caused the court to rule otherwise. This statement has been used by Secular Humanist activist judges to convert U.S. Institutions to the religion of Secular Humanism ever since.
Justice Brewer, in his written opinion, relied exclusively on organic utterances to prove the case. An organic utterance is a statement derived from official documents, rather than from individual opinion. After retiring from the court Justice Brewer wrote, in his book The United States a Christian Nation that his claim reached into the "organic law" of the nation, and every State in the union, thus putting it on the firmest of legal authority. The claim that America is a Christian nation is in "the domain of official action and recognition," not mere "individual acceptance." He continued,
“You will notice that I have presented no doubtful facts. Nothing has been stated which is debatable. The quotations from charters are in the archives of the several States; the laws are on the statute books; judicial opinions are taken from the official reports...I could show how largely our laws and customs are based upon the laws of Moses and the teachings of Christ...But I must not weary you. I could go on indefinitely, pointing out further illustrations both official and non-official, public and private...”
The procedings upon the death of Justice Brewer present further proofs of the Christian nature of the nation from representatives of the Supreme Court. Justice Brewer died March 28, 1910. On April 30, 1910 a tribute was held for him in the Court Room, and on May 31, 1910 the Supreme Court of the U.S. met for proceedings “on the death of Mr. Justice Brewer”
The following comments made by Hannis Taylor, a leading International law scholar, at the April 30 tribute illustrate that there was no consideration of shying from the Christian nature of this land and her public officials, even in the venue of the court room. “By a romantic accident [Justice Brewer] was born of American missionary parents in Asia Minor, not so far from that Hellenized Roman province in which St. Paul was born, and in which he passed his boyhood. It is not irreverent to say that the great Apostle of the Gentiles, who was 'brought up at the feet of Gamaliel' [Acts 22:3] and who transformed the mystery confided to a despised Jewish sect into a vast Christian theology, has never had a more worthy disciple. While an intellectual fervor very nearly akin to genius lighted the fires of his mind, a deep and tender religious feeling chastened his heart with a softer radiance. Out of the union of those rarely united streams grew the life of an almost perfect man, who was ever mindful of the exhortation of St. Paul to Timotheus: "Charge them to practice benevolence, to be rich in good works, to be bountiful and generous, storing up for themselves a good foundation for the time to come, that they may lay hold on eternal life." [1 Timothy 6:17-19] Fortunate, indeed, it is when the mind that expounds and applies positive law in the midst of vast and conflicting passions and interests is illuminated by the inner light of a noble high-mindedness which spurns all vanities, all prejudices, all revenges.”
Attorney General, George Woodward Wickersham's eulogy for Justice Brewer at the May 31st tribute is further evidence of the importance of the Holy Trinity case in proving that the United States is a Christian nation. Out of 719 decisions for which Justice Brewer wrote opinions while sitting on the high court, Attorney General George Woodward Wickersham chose to highlight the Holy Trinity case in the first part of his eulogy for Justice Brewer at this tribute. He proceeded by saying, “One of the earliest of his recorded opinions was that in the case of the Church of the Holy Trinity v. United States.” He then went on to quote the decision. “'If we examine the constitutions of the various States,' said the learned justice, 'we find in them a constant recognition of religious obligations. Every constitution of every one of the forty-four States contains language which either directly or by clear implication recognizes a profound reverence for religion and an assumption that its influence in all human affairs is essential to the well-being of the community.'
“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.
“These, and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation. In the face of all these, shall it be believed that a Congress of the United States intended to make it a misdemeanor for a church of this country to contract for the services of a Christian minister residing in another nation?”
The Attorney General concluded his remarks in eulogy of the esteemed Justice Brewer as follows: “Justice Brewer was a son of a Christian missionary, and the son's life, like the father's was one of service. For six and forty years he served the people, hearing causes and judging 'righteously between every man and his brother and the stranger that is with him.' And in the discharge of this great office he did ever obey the injunction laid upon the judges of Israel by their great lawgiver: 'Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man, for judgment is God's.' ( Deut. 1:17).”
Finally, during this May 31st tribute Chief Justice Melville Weston Fuller made this comment: “He died suddenly, but not the unprepared death from which we pray to be delivered.”
In the words of Supreme court Justice David Brewer, “This is a Christian nation.” The opinion of the court, which he wrote, and his later book, The United States a Christian Nation, and his death are all indisputable proofs of this fact.
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The T-shirt is displayed here by the artist 
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