143 U.S.

457
12 S.Ct. 511
36 L.Ed. 226

RECTOR, ETC., OF HOLY TRINITY CHURCH

v.
UNITED STATES.
February 29, 1892.

Seaman Miller, for plaintiff in error.

Asst. Atty. Gen. Maury, for the United States.
Mr. Justice BREWER delivered the opinion of the court.

Plaintiff in error is a corporation duly organized and incorporated as a religious

society under the laws of the state of New York. E. Walpole Warren was, prior
to September, 1887, an alien residing in England. In that month the plaintiff in
error made a contract with him, by which he was to remove to the city of New
York, and enter into its service as rector and pastor; and, in pursuance of such
contract, Warren did so remove and enter upon such service. It is claimed by
the United States that this contract on the part of the plaintiff in error was
forbidden by chapter 164, 23 St. p. 332; and an action was commenced to
recover the penalty prescribed by that act. The circuit court held that the
contract was within the prohibition of the statute, and rendered judgment
accordingly, (36 Fed. Rep. 303,) and the single question presented for our
determination is whether it erred in that conclusion.

The first section describes the act forbidden, and is in these words:

'Be it enacted by the senate and house of representatives of the United States of
America, in congress assembled, that from and after the passage of this act it
shall be unlawful for any person, company, partnership, or corporation, in any
manner whatsoever, to prepay the transportation, or in any way assist or
encourage the importation or migration, of any alien or aliens, any foreigner or
foreigners, into the United States, its territories, or the District of Columbia,
under contract or agreement, parol or special, express or implied, made

previous to the inportation or migration of such alien or aliens, foreigner or

foreigners, to perform labor or service of any kind in the United States, its
territories, or the District of Columbia.'
4

It must be conceded that the act of the corporation is within the letter of this
section, for the relation of rector to his church is one of service, and implies
labor on the one side with compensation on the other. Not only are the general
words 'labor' and 'service' both used, but also, as it were to guard against any
narrow interpretation and emphasize a breadth of meaning, to them is added 'of
any kind;' and, further, as noticed by the circuit judge in his opinion, the fifth
section, which makes specific exceptions, among them professional actors,
artists, lecturers, singers, and domestic servants, strengthens the idea that every
other kind of labor and service was intended to be reached by the first section.
While there is great force to this reasoning, we cannot think congress intended
to denounce with penalties a transaction like that in the present case. It is a
familiar rule that a thing may be within the letter of the statute and yet not
within the statute, because not within its spirit nor within the intention of its
makers. This has been often asserted, and the Reports are full of cases
illustrating its application. This is not the substitution of the will of the judge
for that of the legislator; for frequently words of general meaning are used in a
statute, words broad enough to include an act in question, and yet a
consideration of the whole legislation, or of the circumstances surrounding its
enactment, or of the absurd results which follow from giving such broad
meaning to the words, makes it unreasonable to believe that the legislator
intended to include the particular act. As said in Stradling v. Morgan, Plow.
205: 'From which cases it appears that the sages of the law heretofore have
construed statutes quite contrary to the letter in some appearance, and those
statutes which comprehend all things in the letter they have expounded to
extend to but some things, and those which generally prohibit all people from
doing such an act they have interpreted to permit some people to do it, and
those which include every person in the letter they have adjudged to reach to
some persons only, which expositions have always been founded upon the
intent of the legislature, which they have collected sometimes by considering
the cause and necessity of making the act, sometimes by comparing one part of
the act with another, and sometimes by foreign circumstances.'

In Pier Co. v. Hannam, 3 Barn. & Ald. 266, ABBOTT, C. J., quotes from Lord
Coke as follows: 'Acts of parliament are to be so construed as no man that is
innocent or free from injury or wrong be, by a literal construction, punished or
endangered.' In the case of State v. Clark, 29 N. J. Law, 96, 99, it appeared that
an act had been passed, making it a misdemeanor to willfully break down a
fence in the possession of another person. Clark was indicted under that statute.

The defense was that the act of breaking down the fence, though willful, was in
the exercise of a legal right to go upon his own lands. The trial court rejected
the testimony offered to sustain the defense, and the supreme court held that
this ruling was error. In its opinion the court used this language: 'The act of
1855, in terms, makes the willful opening, breaking down, or injuring of any
fences belonging to or in the possession of any other person a misdemeanor. In
what sense is the term 'willful' used? In common parlance, 'willful' is used in
the sense of 'intentional,' as distinguished from 'accidental' or 'involuntary.'
Whatever one does intentionally, he does willfully. Is it used in that sense in
this act? Did the legislature intend to make the intentional opening of a fence
for the purpose of going upon the land of another indictable, if done by
permission or for a lawful purpose? * * * We cannot suppose such to have been
the actual intent. To adopt such a construction would put a stop to the ordinary
business of life. The language of the act, if construed literally, evidently leads
to an absurd result. If a literal construction of the words of a statute be absurd,
the act must be so construed as to avoid the absurdity. The court must restrain
the words. The object designed to be reached by the act must limit and control
the literal import of the terms and phrases employed.' In U. S. v. Kirby, 7 Wall.
482, 486, the defendants were indicted for the violation of an act of congress
providing 'that if any person shall knowingly and willfully obstruct or retard the
passage of the mail, or of any driver or carrier, or of any horse or carriage
carrying the same, he shall, upon conviction, for every such offense, pay a fine
not exceeding one hundred dollars.' The specific charge was that the defendants
knowingly and willfully retarded the passage of one Farris, a carrier of the mail,
while engaged in the performance of his duty, and also in like manner retarded
the steam-boat Gen. Buell, at that time engaged in carrying the mail. To this
indictment the defendants pleaded specially that Farris had been indicted for
murder by a court of competent authority in Kentucky; that a bench-warrant
had been issued and placed in the hands of the defendant Kirby, the sheriff of
the county, commanding him to arrest Farris, and bring him before the court to
answer to the indictment; and that, in obedience to this warrant, he and the
other defendants, as his posse, entered upon the steamboat Gen. Buell and
arrested Farris, and used only such force as was necessary to accomplish that
arrest. The question as to the sufficiency of this plea was certified to this court,
and it was held that the arrest of Farris upon the warrant from the state court
was not an obstruction of the mail, or the retarding of the passage of a carrier of
the mail, within the meaning of the act. In its opinion the court says: 'All laws
should receive a sensible construction. General terms should be so limited in
their application as not to lead to injustice, oppression, or an absurd
consequence. It will always, therefore, be presumed that the legislature
intended exceptions to its language which would avoid results of this character.
The reason of the law in such cases should prevail over its letter. The common
sense of man approves the judgment mentioned by Puffendorf, that the

Bolognian law which enacted 'that whoever drew blood in the streets should be
punished with the utmost severity,' did not extend to the surgeon who opened
the vein of a person that fell down in the street in a fit. The same common
sense accepts the ruling, cited by Plowden, that the statute of 1 Edw. II., which
enacts that a prisoner who breaks prison shall be guilty of felony, does not
extend to a prisoner who breaks out when the prison is on fire, 'for he is not to
be hanged because he would not stay to be burnt.' And we think that a like
common sense will sanction the ruling we make, that the act of congress which
punishes the obstruction or retarding of the passage of the mail, or of its carrier,
does not apply to a case of temporary detention of the mail caused by the arrest
of the carrier upon an indictment for murder.' The following cases may also be
cited: Henry v. Tilson, 17 Vt. 479; Ryegate v. Wardsboro, 30 Vt. 743; Ex parte
Ellis, 11 Cal. 220; Ingraham v. Speed, 30 Miss. 410; Jackson v. Collins, 3 Cow.
89; People v. Insurance Co., 15 Johns. 358; Burch v. Newbury, 10 N. Y. 374;
People v. Commissioners, 95 N. Y. 554, 558; People v. Lacombe, 99 N. Y. 43,
49, 1 N. E. Rep. 599; Chesapeake & Ohio Canal Co. v. Baltimore & Ohio R.
Co., 4 Gill & J. 152; Osgood v. Breed, 12 Mass. 525, 530; Wilbur v. Crane, 13
Pick. 284; Oates v. Bank, 100 U. S. 239.
6

Among other things which may be considered in determining the intent of the
legislature is the title of the act. We do not mean that it may be used to add to
or take from the body of the statute, (Hadden v. Collector, 5 Wall. 107,) but it
may help to interpret its meaning. In the case of U. S. v. Fisher, 2 Cranch, 358,
386, Chief Justice MARSHALL said: 'On the infiuence which the title ought to
have in construing the enacting clauses, much has been said, and yet it is not
easy to discern the point of difference between the opposing counsel in this
respect. Neither party contends that the title of an act can control plain words in
the body of the statute; and neither denies that, taken with other parts, it may
assist in removing ambiguities. Where the intent is plain, nothing is left to
construction. Where the mind labors to discover the design of the legislature, it
seizes everything from which aid can be derived; and in such case the title
claims a degree of notice, and will have its due share of consideration.' And in
the case of U. S. v. Palmer, 3 Wheat. 610, 631, the same judge applied the
doctrine in this way: 'The words of the section are in terms of unlimited extent.
The words 'any person or persons' are broad enough to comprehend every
human being. But general words must not only be limited to cases within the
jurisdiction of the state, but also to those objects to which the legislature
intended to apply them. Did the legislature intend to apply these words to the
subjects of a foreign power, who in a foreign ship may commit murder or
robbery on the high seas? The title of an act cannot control its words, but may
furnish some aid in showing what was in the mind of the legislature. The title
of this act is, 'An act for the punishment of certain crimes against the United

States.' It would seem that offenses against the United States, not offenses
against the human race, were the crimes which the legislature intended by this
law to punish.' It will be seen that words as general as those used in the first
section of this act were by that decision limited, and the intent of congress with
respect to the act was gathered partially, at least, from its title. Now, the title of
this act is, 'An act to prohibit the importation and migration of foreigners and
aliens under contract or agreement to perform labor in the United States, its
territories, and the District of Columbia. Obviously the thought expressed in
this reaches only to the work of the manual laborer, as distinguished from that
of the professional man. No one reading such a title would suppose that
congress had in its mind any purpose of staying the coming into this country of
ministers of the gospel, or, indeed, of any class whose toil is that of the brain.
The common understanding of the terms 'labor' and 'laborers' does not include
preaching and preachers, and it is to be assumed that words and phrases are
used in their ordinary meaning. So whatever of light is thrown upon the statute
by the language of the title indicates an exclusion from its penal provisions of
all contracts for the employment of ministers, rectors, and pastors.
7

Again, another guide to the meaning of a statute is found in the evil which it is
designed to remedy; and for this the court properly looks at contemporaneous
events, the situation as it existed, and as it was pressed upon the attention of the
legislative body. U. S. v. Railroad Co., 91 U. S. 72, 79. The situation which
called for this statute was briefly but fully stated by Mr. Justice BROWN when,
as district judge, he decided the case of U. S. v. Craig, 28 Fed. Rep. 795, 798:
'The motives and history of the act are matters of common knowledge. It had
become the practice for large capitalists in this country to contract with their
agents abroad for the shipment of great numbers of an ignorant and servile
class of foreign laborers, under contracts by which the employer agreed, upon
the one hand, to prepay their passage, while, upon the other hand, the laborers
agreed to work after their arrival for a certain time at a low rate of wages. The
effect of this was to break down the labor market, and to reduce other laborers
engaged in like occupations to the level of the assisted immigrant. The evil
finally became so flagrant that an appeal was made to congress for relief by the
passage of the act in question, the design of which was to raise the standard of
foreign immigrants, and to discountenance the migration of those who had not
sufficient means in their own hands, or those of their friends, to pay their
passage.'

It appears, also, from the petitions, and in the testimony presented before the
committees of congress, that it was this cheap, unskilled labor which was
making the trouble, and the influx of which congress sought to prevent. It was
never suggested that we had in this country a surplus of brain toilers, and, least

of all, that the market for the services of Christian ministers was depressed by
foreign competition. Those were matters to which the attention of congress, or
of the people, was not directed. So far, then, as the evil which was sought to be
remedied interprets the statute, it also guides to an exclusion of this contract
from the penalties of the act.
9

A singular circumstance, throwing light upon the intent of congress, is found in

this extract from the report of the senate committee on education and labor,
recommending the passage of the bill: 'The general facts and considerations
which induce the committee to recommend the passage of this bill are set forth
in the report of the committee of the house. The committee report the bill back
without amendment, although there are certain features thereof which might
well be changed or modified, in the hope that the bill may not fail of passage
during the present session. Especially would the committee have otherwise
recommended amendments, substituting for the expression, 'labor and service,'
whenever it occurs in the body of the bill, the words 'manual labor' or 'manual
service,' as sufficiently broad to accomplish the purposes of the bill, and that
such amendments would remove objections which a sharp and perhaps
unfriendly criticism may urge to the proposed legislation. The committee,
however, believing that the bill in its present form will be construed as
including only those whose labor or service is manual in character, and being
very desirous that the bill become a law before the adlournment, have reported
the bill without change.' Page 6059, Congressional Record, 48th Cong. And,
referring back to the report of the committee of the house, there appears this
language: 'It seeks to restrain and prohibit the immigration or importation of
laborers who would have never seen our shores but for the inducements and
allurements of men whose only object is to obtain labor at the lowest possible
rate, regardless of the social and material well-being of our own citizens, and
regardless of the evil consequences which result to American laborers from
such immigration. This class of immigrants care nothing about our institutions,
and in many instances never even heard of them. They are men whose passage
is paid by the importers. They come here under contract to labor for a certain
number of years. They are ignorant of our social condition, and, that they may
remain so, they are isolated and prevented from coming into contact with
Americans. They are generally from the lowest social stratum, and live upon
the coarsest food, and in hovels of a character before unknown to American
workmen. They, as a rule, do not become citizens, and are certainly not a
desirable acquisition to the body politic. The inevitable tendency of their
presence among us is to degrade American labor, and to reduce it to the level of
the imported pauper labor.' Page 5359, Congressional Record, 48th Cong.

10

We find, therefore, that the title of the act, the evil which was intended to be

remedied, the circumstances surrounding the appeal to congress, the reports of

the committee of each house, all concur in affirming that the intent of congress
was simply to stay the influx of this cheap, unskilled labor.
11

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. From the discovery of this continent to the present
hour, there is a single voice making this affirmation. The commission to
Christopher Columbus, prior to his sail westward, is from 'Ferdinand and
Isabella, by the grace of God, king and queen of Castile,' etc., and recites that 'it
is hoped that by God's assistance some of the continents and islands in the
ocean will be discovered,' etc. The first colonial grant, that made to Sir Walter
Raleigh in 1584, was from 'Elizabeth, by the grace of God, of England, Fraunce
and Ireland, queene, defender of the faith,' etc.; and the grant authorizing him to
enact statutes of the government of the proposed colony provided that 'they be
not against the true Christian faith nowe professed in the Church of England.'
The first charter of Virginia, granted by King James I. in 1606, after reciting the
application of certain parties for a charter, commenced the grant in these words:
'We, greatly commending, and graciously accepting of, their Desires for the
Furtherance of so noble a Work, which may, by the Providence of Almighty
God, hereafter tend to the Glory of his Divine Majesty, in propagating of
Christian Religion to such People, as yet live in Darkness and miserable
Ignorance of the true Knowledge and Worship of God, and may in time bring
the Infidels and Savages, living in those parts, to human Civility, and to a
settled and quiet Government; DO, by these our Letters-Patents, graciously
accept of, and agree to, their humble and well-intended Desires.'

12

Language of similar import may be found in the subsequent charters of that

colony, from the same king, in 1609 and 1611; and the same is true of the
various charters granted to the other colonies. In language more or less
emphatic is the establishment of the Christian religion declared to be one of the
purposes of the grant. The celebrated compact made by the pilgrims in the
Mayflower, 1620, recites: 'Having undertaken for the Glory of God, and
Advancement of the Christian Faith, and the Honour of our King and Country,
a Voyage to plant the first Colony in the northern Parts of Virginia; Do by these
Presents, solemnly and mutually, in the Presence of God and one another,
covenant and combine ourselves together into a civil Body Politick, for our
better Ordering and Preservation, and Furtherance of the Ends aforesaid.'

13

The fundamental orders of Connecticut, under which a provisional government

was instituted in 1638-39, commence with this declaration: 'Forasmuch as it
hath pleased the Allmighty God by the wise disposition of his diuyne pruidence

so to Order and dispose of things that we the Inhabitants and Residents of

Windsor, Hartford, and Wethersfield are now cohabiting and dwelling in and
vppon the River of Conectecotte and the Lands thereunto adioyneing; And well
knowing where a people are gathered togather the word of God requires that to
mayntayne the peace and vnion of such a people there should be an orderly and
decent Gouerment established according to God, to order and dispose of the
affayres of the people at all seasons as occation shall require; doe therefore
assotiate and conioyne our selues to be as one Publike State or Comonwelth;
and doe, for our selues and our Successors and such as shall be adioyned to vs
att any tyme hereafter, enter into Combination and Confederation togather, to
mayntayne and presearue the liberty and purity of the gospell of our Lord Jesus
w ch we now p rfesse, as also the disciplyne of the Churches, w ch according to
the truth of the said gospell is now practised amongst vs.'
14

In the charter of privileges granted by William Penn to the province of

Pennsylvania, in 1701, it is recited: 'Because no People can be truly happy,
though under the greatest Enjoyment of Civil Liberties, if abridged of the
Freedom of their Consciences, as to their Religious Profession and Worship;
And Almighty God being the only Lord of Conscience, Father of Lights and
Spirits; and the Author as well as Object of all divine Knowledge, Faith, and
Worship, who only doth enlighten the Minds, and persuade and convince the
Understandings of People, I do hereby grant and declare,' etc.

15

Coming nearer to the present time, the declaration of independence recognizes

the presence of the Divine in human affairs in these words: 'We hold these
truths to be self-evident, that all men are created equal, that thet are endowed
by their Creator with certain unalienable Rights, that among these are Life,
Liberty, and the pursuit of Happiness.' 'We, therefore, the Representatives of
the united States of America, in General Congress, Assembled, appealing to the
Supreme Judge of the world for the rectitude of our intentions, do, in the Name
and by Authority of the good People of these Colonies, solemnly publish and
declare,' etc.; 'And for the support of this Declaration, with a firm reliance on
the Protection of Divine Providence, we mutually pledge to each other our
Lives, our Fortunes, and our sacred Honor.'

16

If we examine the constitutions of the various states, we find in them a constant

recognition of religious obligations. Every constitution of every one of the 44
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.
This recognition may be in the preamble, such as is found in the constitution of
Illinois, 1870: 'We, the people of the state of Illinois, grateful to Almighty God

for the civil, political, and religious liberty which He hath so long permitted us
to enjoy, and looking to Him for a blessing upon our endeavors to secure and
transmit the same unimpaired to succeeding generations,' etc.
17

It may be only in the familiar requisition that all officers shall take an oath
closing with the declaration, 'so help me God.' It may be in clauses like that of
the constitution of Indiana, 1816, art. 11, 4: 'The manner of administering an
oath or affirmation shall be such as is most consistent with the conscience of
the deponent, and shall be esteemed the most solemn appeal to God.' Or in
provisions such as are found in articles 36 and 37 of the declaration of rights of
the constitution of Maryland, (1867:) 'That, as it is the duty of every man to
worship God in such manner as he thinks most acceptable to Him, all persons
are equally entitled to protection in their religious liberty: wherefore, no person
ought, by any law, to be molested in his person or estate on account of his
religious persuasion or profession, or for his religious practice, unless, under
the color of religion, he shall disturb the good order, peace, or safety of the
state, or shall infringe the laws of morality, or injure others in their natural,
civil, or religious rights; nor ought any person to be compelled to frequent or
maintain or contribute, unless on contract, to maintain any place of worship or
any ministry; nor shall any person, otherwise competent, be deemed
incompetent as a witness or juror on account of his religious belief: provided,
he believes in the existence of God, and that, under his dispensation, such
person will be held morally accountable for his acts, and be rewarded or
punished therefor, either in this world or the world to come. That no religious
test ought ever to be required as a qualification for any office of profit or trust in
this state, other than a declaration of belief in the existence of God; nor shall the
legislature prescribe any other oath of office than the oath prescribed by this
constitution.' Or like that in articles 2 and 3 of part 1 of the constitution of
Massachusetts, (1780:) 'It is the right as well as the duty of all men in society
publicly, and at stated seasons, to worship the Supreme Being, the great Creator
and Preserver of the universe. * * * As the happiness of a people and the good
order and preservation of civil government essentially depend upon piety,
religion, and morality, and as these cannot be generally diffused through a
community but by the institution of the public worship of God and of public
instructions in piety, religion, and morality: Therefore, to promote their
happiness, and to secure the good order and preservation of their government,
the people of this commonwealth have a right to invest their legislature with
power to authorize and require, and the legislature shall, from time to time,
authorize and require, the several towns, parishes, precincts, and other bodies
politic or religious societies to make suitable provision, at their own expense,
for the institution of the public worship of God and for the support and
maintenance of public Protestant teachers of piety, religion, and morality, in all

cases where such provision shall not be made voluntarily.' Or, as in sections 5
and 14 of article 7 of the constitution of Mississippi, (1832:) 'No person who
denies the being of a God, or a future state of rewards and punishments, shall
hold any office in the civil de partment of this state. * * * Religion morality,
and knowledge being necessary to good government, the preservation of
liberty, and the happiness of mankind, schools, and the means of education,
shall forever be encouraged in this state.' Or by article 22 of the constitution of
Delaware, (1776,) which required all officers, besides an oath of allegiance, to
make and subscribe the following declaration: 'I, A. B., do profess faith in God
the Father, and in Jesus Christ His only Son, and in the Holy Ghost, one God,
blessed for evermore; and I do acknowledge the Holy Scriptures of the Old and
New Testament to be given by divine inspiration.'
18

Even the constitution of the United States, which is supposed to have little
touch upon the private life of the individual, contains in the first amendment a
declaration common to the constitutions of all the states, as follows: 'Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof,' etc.,and also provides in article 1, 7, (a provision
common to many constitutions,) that the executive shall have 10 days (Sundays
excepted) within which to determine whether he will approve or veto a bill.

19

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.
While because of a general recognition of this truth the question has seldom
been presented to the courts, yet we find that in Updegraph v. Com., 11 Serg. &
R. 394, 400, it was decided that, 'Christianity, general Christianity, is, and
always has been, a part of the common law of Pennsylvania; * * * not
Christianity with an established church and tithes and spiritual courts, but
Christianity with liberty of conscience to all men.' And in People v. Ruggles, 8
Johns. 290, 294, 295, Chancellor KENT, the great commentator on American
law, speaking as chief justice of the supreme court of New York, said: '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; and to
scandalize the author of these doctrines is not only, in a religious point of view,
extremely impious, but, even in respect to the obligations due to society, is a
gross violation of decency and good order. * * * The free, equal, and
undisturbed enjoyment of religious opinion, whatever it may be, and free and
decent discussions on any religious subject, is granted and secured; but to
revile, with malicious and blasphemous contempt, the religion professed by
almost the whole community is an abuse of that right. Nor are we bound by any

expressions in the constitution, as some have strangely supposed, either not to

punish at all, or to panish indiscriminately the like attacks upon the religion of
Mahomet or of the Grand Lama; and for this plain reason, that the case assumes
that we are a Christian people, and the morality of the country is deeply
ingrafted upon Christianity, and not upon the doctrines or worship of those
impostors.' And in the famous case of Vidal v. Girard's Ex'rs, 2 How. 127, 198,
this court, while sustaining the will of Mr. Girard, with its provision for the
creation of a college into which no minister should be permitted to enter,
observed: 'It is also said, and truly, that the Christian religion is a part of the
common law of Pennsylvania.'
20

If we pass beyond these matters to a view of American life, as expressed by its

laws, its business, its customs, and its society, we find every where a clear
recognition of the same truth. Among other matters note the following: The
form of oath universally prevailing, concluding with an appeal to the Almighty;
the custom of opening sessions of all deliberative bodies and most conventions
with prayer; the prefatory words of all wills, 'In the name of God, amen;' the
laws respecting the observance of the Sabbath, with the general cessation of all
secular business, and the closing of courts, legislatures, and other similar public
assemblies on that day; the churches and church organizations which abound in
every city, town, and hamlet; the multitude of charitable organizations existing
every where under Christian auspices; the gigantic missionary associations,
with general support, and aiming to establish Christian missions in every
quarter of the globe. 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? Suppose, in the congress that passed this act, some member had
offered a bill which in terms declared that, if any Roman Catholic church in this
country should contract with Cardinal Manning to come to this country, and
enter into its service as pastor and priest, or any Episcopal church should enter
into a like contract with Canon Farrar, or any Baptist church should make
similar arrangements with Rev. Mr. Spurgeon, or any Jewish synagogue with
some eminent rabbi, such contract should be adjudged unlawful and void, and
the church making it be subject to prosecution and punishment. Can it be
believed that it would have received a minute of approving thought or a single
vote? Yet it is contended that such was, in effect, the meaning of this statute.
The construction invoked cannot be accepted as correct. It is a case where there
was presented a definite evil, in view of which the legislature used general
terms with the purpose of reaching all phases of that evil; and thereafter,
unexpectedly, it is developed that the general language thus employed is broad

enough to reach cases and acts which the whole history and life of the country
affirm could not have been intentionally legislated against. It is the duty of the
courts, under those circumstances, to say that, however broad the language of
the statute may be, the act, although within the letter, is not within the intention
of the legislature, and therefore cannot be within the statute.
21

The judgment will be reversed, and the case remanded for further proceedings
in accordance with this opinion.