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In the administration of justice, there are three distinct and privileged jurisdictions, known as fueros: the eclesiástico, which provides that no member of the clergy, at least of the rank of curate and upwards, shall ever be arraigned before a civil tribunal, but shall be tried by their superiors in the order; the militar, which makes a similar provision in favor not only of commissioned officers, but of every common soldier from the ranks; and the civil or ordinary courts, for all cases in which the defendants are laymen. These fueros have hitherto maintained the ecclesiastical and military classes in perfect independence of the civil authorities. The civil, in fact, remains in some degree subordinate to the other two fueros; for it can, under no circumstances, have any jurisdiction whatever over them; while the lay plaintiff, in the privileged tribunals of these, may, if unsuccessful, have judgment entered up against him: a consequence that can never follow the suits of the ecclesiastical or military orders before the civil tribunals. The judgments of the latter, in such cases, would be void. It is no wonder, then, that the cause of freedom in Mexico has made so little progress.
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p.29

 

Josiah Gregg

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What influence in fact have ecclesiastical establishments had on Civil Society? In some instances they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances they have been seen upholding the thrones of political tyranny: in no instance have they been seen the guardians of the liberties of the people. Rulers who wished to subvert the public liberty, may have found an established Clergy convenient auxiliaries. A just Government instituted to secure & perpetuate it needs them not.

 

James Madison

 

We hold it for a fundamental and undeniable truth, “that Religion or the duty which we owe to our Creator and the Manner of discharging it, can be directed only by reason and conviction, not by force or violence.” The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right. It is unalienable; because the opinions of men, depending only on the evidence contemplated by their own minds, cannot follow the dictates of other men: It is unalienable also; because what is here a right towards men, is a duty towards the Creator. It is the duty of every man to render to the Creator such homage, and such only, as he believes to be acceptable to him. This duty is precedent both in order of time and degree of obligation, to the claims of Civil Society. Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governor of the Universe: And if a member of Civil Society, who enters into any subordinate Association, must always do it with a reservation of his duty to the general authority; much more must every man who becomes a member of any particular Civil Society, do it with a saving of his allegiance to the Universal Sovereign. We maintain therefore that in matters of Religion, no man’s right is abridged by the institution of Civil Society, and that Religion is wholly exempt from its cognizance. True it is, that no other rule exists, by which any question which may divide a Society, can be ultimately determined, but the will of the majority; but it is also true, that the majority may trespass on the rights of the minority.

 

James Madison

 

All civil states with their officers of justice in their respective constitutions and administrations are proved essentially civil, and therefore not judges, governors, or defenders of the spiritual or Christian state and worship.

 

Roger Williams

 

So those of us whose political, and economic, and social philosophy is black nationalism have become involved in the civil rights struggle. We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you’re fighting on the level of civil rights, you’re under Uncle Sam’s jurisdiction. You’re going to his court expecting him to correct the problem. He created the problem. He’s the criminal. You don’t take your case to the criminal; you take your criminal to court.

 

Malcolm (Malcolm Little) X

 

So those of us whose political, and economic, and social philosophy is black nationalism have become involved in the civil rights struggle. We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you’re fighting on the level of civil rights, you’re under Uncle Sam’s jurisdiction. You’re going to his court expecting him to correct the problem. He created the problem. He’s the criminal. You don’t take your case to the criminal; you take your criminal to court.

 

Malcolm X