The Heidelberg Catechism

Brief History

of the

Heidelberg Catechism

One of the symbolical books of the Reformed Church. Its name is derived from the city in which it was compiled and first printed. It is also sometimes styled the Palatinate Catechism, from the territory (the Palatinate) of the prince (Frederick III) under whose auspices it was prepared.

The original German title (of the editio princeps) is Catechismus, oder Christlicher Underricht, wie der in Kirchen und Schulen der Churfürstlichen Pfalz getrieben wirdt: Gedruckt in der Churfürstlichen Stad Heydelberg, dulrch Johannemr llayer, 1563 (Catechism, or Christian Instruction, according to the Usages of the Churches and Schools of the Electoral Palatinate).

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I. History. — Soon after the introduction of Protestantism into the Palatinate in 1546, the controversy between Lutherans and Calvinists broke out, and for years, especially under the elector Otto Heinrich (1556-59), it raged with great violence in Heidelberg. Frederick III, who came into power in 1559, adopted the Calvinistic view on the Lord’s Supper, and favored that side with all his princely power. He reorganized the Sapienz College (founded by his predecessor) as a theological school, and put at its head (1562) Zacharias Ursinus, a pupil and friend of Melancthon, who had adopted the Reformed opinions. In order to put an end to religious disputes in his dominions, he determined to put forth a Catechism, or Confession of Faith, and laid the duty of preparing it upon Zacharias Ursinus (just named) and Caspar Olevianus, for a time professor in the University of Heidelberg, then court preacher to Frederick III. They made use, of course, of the existing catechetical literature, especially of the catechisms of Calvin and of John Lasco. Each prepared sketches or drafts, and “the final preparation was a the work of both theologians, with the constant co-operation of Frederick III. Ursinus has always been regarded as the principal author, as he was afterwards the chief defender and interpreter of the Catechism; still, it would appear that the nervous German style, the division into three parts (as distinguished from the five parts in the Catechism of Calvin and the previous draft of Ursinus), and the genial warmth and unction of the whole work, are chiefly due to Olevianus.” (Schaff, in. Am. Presb. Rev. July 1863, p. 379).

When the Catechism was completed, Frederick laid it before a synod of the superintendents of the Palatinate (December, 1562). After careful examination it was approved. The first edition, whose full title is given above, appeared in 1563. The preface is dated January 19 of that year, and runs in the name of the elector Frederick, who probably wrote it. A Latin version appeared in the same year, translated by Johannes Lagus and Lambertus Pithopeus. The German version is the authentic standard. Two other editions of the German version appeared in 1563. What is now the eightieth question (What difference is there between the Lord’s Supper and the Roman Mass?) is not to be found an the first edition; part of it appears in the second edition; and in the third, of 1563 — it is given in full as follows: “What difference is there between the Lord’s Supper and the Popish Mass? The Lord’s Supper testifies to us that we have full forgiveness of all our sins by the one sacrifice of Jesus Christ, which he himself has once accomplished on the cross; and that by the Holy Ghost we are engrafted into Christ, who with his true body is now in heaven at the right hand of the Father, and is to be there worshipped. But the Mass teaches that the living and the dead have not forgiveness of sins through the sufferings of Christ, unless Christ is still daily offered for them by the priest; and that Christ is bodily under the form of bread and wine, and is therefore to be worshipped in them. (And thus the Mass at bottom is nothing else than a denial of the one sacrifice and passion of Christ, and an accursed idolatry.)” The occasion for the introduction of this eightieth question appears to have been the decree of the Council of Trent “touching the sacrifice of the Mass,” Sept. 17, 1562. This declaration, and the anathemas pronounced at Trent against the Protestant doctrine of the sacraments, had not time to produce their effect before the issue of the first edition of the Catechism. But the elector soon saw the necessity for a strong and clear declaration on the Protestant side, and such a declaration is furnished in this eightieth question, which was added to the Catechism in 1563. The first edition of 1563 was for a long time lost; that given by Niemeyer (Collectio Confessionum, p. 390) is the third of that year. But in 1864 pastor Wolters found a copy and reprinted it, with a history of the text (Der Heidelb. Katechismus in seiner ursprüzglichen Gestalt, Bonn, 1864, sm. 8vo), which cleared up all doubt as to the various editions of 1563. In 1866 professor Schaff published a very valuable edition, revised after the first edition of 1563, with an excellent history of the Catechism (Der Heidelb. Kat. nach d. ersten Ausgabe von 1563 revidirt, Philad. 18mo). — Other editions appeared in 1571 and 1573, and in this last the questions are divided, as now, into lessons for fifty-two Sundays, and the questions are numbered. An abstract of the Catechism appeared in 1585. The larger Catechism has since been republished by millions; no book, perhaps, has gone through more editions, except the Bible, Bunyan’s Pilgrim, and Kempis. It has been translated into nearly every spoken language. It was, of course, at once used throughout the Palatinate by command of the elector. But it soon spread abroad wherever the Reformed Church had found footing, especially in North Germany and parts of Switzerland. It was early received in the Netherlands, and formally adopted at the Synod of Dort, 1618. Long and bitter controversies with Roman Catholics and Lutherans on the Catechism only endeared it the more to the Reformed. It is to this day an authoritative confession for the Reformed churches (German and Dutch). The (Dutch) Reformed Church directs all her ministers to explain the Catechism regularly before the congregations on the Sabbath day.

II. Contents. — The Catechism, in its present form, consists of 129 questions and answers. It is divided into three parts:

1. Of the misery of man.
2. Of the redemption of man.
3. Of the gratitude due from man (duties, etc.).

The arrangement of the matter is admirable, looking not simply to logical order, but also to practical edification. The book is not simply dogmatic, but devotional. It assumes that all who use it are Christians, and is thus not adapted for missionary work. As to the theology taught by the book, it is, in the main, that of pure evangelical Protestantism. On the doctrine of predestination it is so reticent that it was opposed, on the one hand, by the Synod of Dort, the most extreme Calvinistic body perhaps ever assembled, and, on the other (though not without qualification), by James Arminius, the greatest of all the opponents of Calvinism. On the nature of the sacraments the Catechism is Calvinistic, as opposed to the Lutheran doctrine. Dr. Heppe (deutscher Protestantismus, 1, 443 sq.) goes too far in asserting that the Catechism is thoroughly Melancthonian, and in no sense Calvinistic. Sudhoff answers this in his article in Herzog’s Real- Encyklopadie, 5, 658 sq.; but he himself goes too far, on the other side, in finding that the Calvinistic theory of predestination, though not expressly stated, is implied and involved in the view of Sin and grace set forth in the Catechism (see Gerhart’s article in the Tercentenary Monument, p. 387 sq., and also his statement in this Cyclopaedia, 3, 827). Olevianus, it will be remembered, was educated under the influence of Calvin; Ursinus under that of Melancthon. Dr. Schaff remarks judiciously that “the Catechism is a true expression of the convictions of its authors; but it communicates only so much of these as is in harmony with the public faith of the Church, and observes a certain reticence or reservation and moderation on such doctrines (as the twofold predestination), which belong rather to scientific theology and private conviction than to a public Church confession and the instruction of youth” (American Presb. Review, July, 1863, p. 371).

Literature. — The 300th anniversary of the formation and adoption of the Heidelberg Catechism was celebrated in 1863 both in Europe and America. One of the permanent fruits of this celebration was the publication of The Heidelberg Catechism, Tercentenary Edition (New York, 1863, sm. 4to). This noble volume gives a comprehensive Introduction (by Dr. Nevin), and a critical edition of the Catechism in four texts Old German, Latin, Modern German, and English-printed in parallel columns. The Introduction gives an admirable account of the literature and history of the Catechism. The text used is that given by Niemeyer, and not that of the first edition of 1563, which, as has been stated above, was reprinted in 1864. See also Dr. Schaff as edition cited above, and an article by him in the American Presbyterian Review for 1863. The Latin text (with the German of the 3rd ed. of 1563) is given in Niemeyer, Collectio Confessionum, p. 390 sq.; also in an edition by Dr. Steiner, Catechesis Religionis Christianae seu Catechismus Heidelbergensis (Baltimore, 1862). Another valuable fruit of the anniversary is The Tercentenary Monument (Chambersburg, 1863, 8vo), containing twenty essays by eminent Reformed theologians of Germany, Holland, and America, on the Catechism, its origin, history, its special relations to the German Reformed Church, and cognate subjects. For the older literary history, see Alting, Historia Ecclesiae Palatinae (Frankf. 1701); Struve, Pfilzische Kirchenhistorie (Frankfort, 1721); Mundt, Grundriss der pfalzischen Kirchengeschichte bis 1742 (Heidelb. 1798); Kocher, Katechetische Geschichte der Reformirten Kirche (Jena, 1756); Planck, Geschichte d. prot. Theologie, 2, 2,. 475-491; Van Alpen, Geschichte u. Litteratur d. Heidelb. Katechismus (Frankf. 1800); Augusti, Einleitung in die beiden Haupt-Katechismen d. Evang. Kirche (Elberf. 1824); Ersch und Gruber’s A11. Encykl. 2, 4. 386 sq.; Nevin, Hist. and Genius of the Heidelberg Catechism(Chambersburg, 1847); Sudhoff, Theologisches Handbuch zur Auslegung d. Heidelb. Kat. (Frankf. 1862). An elaborate article on the literature of the Catechism, by Dr. Harbaugh, is given in the Mercersburg Review, October, 1860. A copious list of writers on the Catechism (covering twelve pages) is given at the end of Bethune, Expository Lectures on the Heidelberg Catechism (N. York, Sheldon and Co., 2 vols. 12mo), an admirable practical commentary, with a valuable historical introduction. Among the older commentators are Ursinus, Explicationes Catechesis Palatinae (Opera, 1612, vol. — 1); Ursinus, Apologia Catechismi Palatinae (Opera, vol. 2). Translations– Ursinus, The Summe of Christian Religion, lectures on the Catechism, transl. by H. Parrie (Lond. 1617 4to). The best transl. of Ursinus’s Commentary is that of the Rev. G.W. Williard (Columbus, 1852, 8vo, 2nd ed.), with Introduction by Dr. J. W. Nevin. See also Cocceius, Heid. Cat. explicata et illustrata (Lugd. Bat. 1671, Amst. 1673); Driesseln. Ad Cct. Heid. Malnuductio (Gron. 1724, 4to), Kemp. Fifty-three Sermons on the Heidelberg Catechism, trans. by Van Harlingen (New Brunswick, N. J., 1810, 8vo). For the views of the early Dutch Arminians on the Catechism, see Considerationes Remonstrantinum in Cat. Heidelb. (in Act. et Script. Synod. Harderwlyk, 1620). See also Wolters, Zur Urgeschichte d. Heidelb. Kat., in Stud. u. Krit. 1867, Heft 1; Trechsel, in Stud. u. Krit. 1867, Heft 3; Plitt, Stud. u. Krit. 1863, Heft 1: Mercersburg Review, October, 1860.

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Question 1. What is thy only comfort in life and death?

Answer: That I with body and soul, both in life and death, (a) am not my own, (b) but belong unto my faithful Saviour Jesus Christ; (c) who, with his precious blood, has fully satisfied for all my sins, (d) and delivered me from all the power of the devil; (e) and so preserves me (f) that without the will of my heavenly Father, not a hair can fall from my head; (g) yea, that all things must be subservient to my salvation, (h) and therefore, by his Holy Spirit, He also assures me of eternal life, (i) and makes me sincerely willing and ready, henceforth, to live unto him. (j)

(a) Rom.14:7 For none of us liveth to himself, and no man dieth to himself. Rom.14:8 For whether we live, we live unto the Lord; and whether we die, we die unto the Lord: whether we live therefore, or die, we are the Lord’s. (b) 1 Cor.6:19 What? know ye not that your body is the temple of the Holy Ghost which is in you, which ye have of God, and ye are not your own? (c) 1 Cor.3:23 And ye are Christ’s; and Christ is God’s. Tit.2:14 Who gave himself for us, that he might redeem us from all iniquity, and purify unto himself a peculiar people, zealous of good works. (d) 1 Pet.1:18 Forasmuch as ye know that ye were not redeemed with corruptible things, as silver and gold, from your vain conversation received by tradition from your fathers; 1 Pet.1:19 But with the precious blood of Christ, as of a lamb without blemish and without spot: 1 John 1:7 But if we walk in the light, as he is in the light, we have fellowship one with another, and the blood of Jesus Christ his Son cleanseth us from all sin. 1 John 2:2 And he is the propitiation for our sins: and not for ours only, but also for the sins of the whole world. 1 John 2:12 I write unto you, little children, because your sins are forgiven you for his name’s sake. (e) Heb.2:14 Forasmuch then as the children are partakers of flesh and blood, he also himself likewise took part of the same; that through death he might destroy him that had the power of death, that is, the devil; 1 John 3:8 He that committeth sin is of the devil; for the devil sinneth from the beginning. For this purpose the Son of God was manifested, that he might destroy the works of the devil. John 8:34 Jesus answered them, Verily, verily, I say unto you, Whosoever committeth sin is the servant of sin. John 8:35 And the servant abideth not in the house for ever: but the Son abideth ever. John 8:36 If the Son therefore shall make you free, ye shall be free indeed. (f) John 6:39 And this is the Father’s will which hath sent me, that of all which he hath given me I should lose nothing, but should raise it up again at the last day. John 10:28 And I give unto them eternal life; and they shall never perish, neither shall any man pluck them out of my hand. 2 Thess.3:3 But the Lord is faithful, who shall stablish you, and keep you from evil. 1 Pet.1:5 Who are kept by the power of God through faith unto salvation ready to be revealed in the last time. (g) Matt.10:29 Are not two sparrows sold for a farthing? and one of them shall not fall on the ground without your Father. Matt.10:30 But the very hairs of your head are all numbered. Matt.10:31 Fear ye not therefore, ye are of more value than many sparrows. Luke 21:18 But there shall not an hair of your head perish. (h) Rom.8:28 And we know that all things work together for good to them that love God, to them who are the called according to his purpose. (i) 2 Cor.1:20 For all the promises of God in him are yea, and in him Amen, unto the glory of God by us. 2 Cor.1:21 Now he which stablisheth us with you in Christ, and hath anointed us, is God; 2 Cor.1:22 Who hath also sealed us, and given the earnest of the Spirit in our hearts. 2 Cor.5:5 Now he that hath wrought us for the selfsame thing is God, who also hath given unto us the earnest of the Spirit. Eph.1:13 In whom ye also trusted, after that ye heard the word of truth, the gospel of your salvation: in whom also after that ye believed, ye were sealed with that holy Spirit of promise, Eph.1:14 Which is the earnest of our inheritance until the redemption of the purchased possession, unto the praise of his glory. Rom.8:16 The Spirit itself beareth witness with our spirit, that we are the children of God: (j) Rom.8:14 For as many as are led by the Spirit of God, they are the sons of God. 1 John 3:3 And every man that hath this hope in him purifieth himself, even as he is pure.

Question 2. How many things are necessary for thee to know, that thou, enjoying this comfort, mayest live and die happily?

Answer: Three; (a) the first, how great my sins and miseries are; (b) the second, how I may be delivered from all my sins and miseries; (c) the third, how I shall express my gratitude to God for such deliverance. (d)

(a) Matt.11:28 Come unto me, all ye that labour and are heavy laden, and I will give you rest. Matt.11:29 Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. Matt.11:30 For my yoke is easy, and my burden is light. Luke 24:46 And said unto them, Thus it is written, and thus it behoved Christ to suffer, and to rise from the dead the third day: Luke 24:47 And that repentance and remission of sins should be preached in his name among all nations, beginning at Jerusalem. Luke 24:48 And ye are witnesses of these things. 1 Cor.6:11 And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God. Tit.3:3 For we ourselves also were sometimes foolish, disobedient, deceived, serving divers lusts and pleasures, living in malice and envy, hateful, and hating one another. Tit.3:4 But after that the kindness and love of God our Saviour toward man appeared, Tit.3:5 Not by works of righteousness which we have done, but according to his mercy he saved us, by the washing of regeneration, and renewing of the Holy Ghost; Tit.3:6 Which he shed on us abundantly through Jesus Christ our Saviour; Tit.3:7 That being justified by his grace, we should be made heirs according to the hope of eternal life. (b) John 9:41 Jesus said unto them, If ye were blind, ye should have no sin: but now ye say, We see; therefore your sin remaineth. John 15:22 If I had not come and spoken unto them, they had not had sin: but now they have no cloke for their sin. (c) John 17:3 And this is life eternal, that they might know thee the only true God, and Jesus Christ, whom thou hast sent. Acts 4:12 Neither is there salvation in any other: for there is none other name under heaven given among men, whereby we must be saved. Acts 10:43 To him (Jesus) give all the prophets witness, that through his name whosoever believeth in him shall receive remission of sins. (d) Eph.5:8 For ye were sometimes darkness, but now are ye light in the Lord: walk as children of light: Eph.5:9 (For the fruit of the Spirit is in all goodness and righteousness and truth;) Eph.5:10 Proving what is acceptable unto the Lord. Eph.5:11 And have no fellowship with the unfruitful works of darkness, but rather reprove them. 1 Pet.2:9 But ye are a chosen generation, a royal priesthood, an holy nation, a peculiar people; that ye should shew forth the praises of him who hath called you out of darkness into his marvellous light: 1 Pet.2:10 Which in time past were not a people, but are now the people of God: which had not obtained mercy, but now have obtained mercy. Rom.6:1 What shall we say then? Shall we continue in sin, that grace may abound? Rom.6:2 God forbid. How shall we, that are dead to sin, live any longer therein? Rom.6:12 Let not sin therefore reign in your mortal body, that ye should obey it in the lusts thereof. Rom.6:13 Neither yield ye your members as instruments of unrighteousness unto sin: but yield yourselves unto God, as those that are alive from the dead, and your members as instruments of righteousness unto God.

 

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Question 3. Whence knowest thou thy misery?

Answer: Out of the law of God. (a)

(a) Rom.3:20 Therefore by the deeds of the law there shall no flesh be justified in his sight: for by the law is the knowledge of sin.

Question 4. What does the law of God require of us?

Answer: Christ teaches us that briefly, Matt. 22:37-40, “Thou shalt love the Lord thy God with all thy heart, with all thy soul, and with all thy mind, and with all thy strength. This is the first and the great commandment; and the second is like unto it, Thou shalt love thy neighbour as thyself. On these two commandments hang all the law and the prophets.” (a)

(a) Deut.6:5 And thou shalt love the LORD thy God with all thine heart, and with all thy soul, and with all thy might. Lev.19:18 Thou shalt not avenge, nor bear any grudge against the children of thy people, but thou shalt love thy neighbour as thyself: I am the LORD. Mark 12:30 And thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind, and with all thy strength: this is the first commandment. Luke 10:27 And he answering said, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy strength, and with all thy mind; and thy neighbour as thyself.

Question 5. Canst thou keep all these things perfectly?

Answer: In no wise; (a) for I am prone by nature to hate God and my neighbour.(b)

(a) Rom.3:10 As it is written, There is none righteous, no, not one: Rom.3:20 Therefore by the deeds of the law there shall no flesh be justified in his sight: for by the law is the knowledge of sin. Rom.3:23 For all have sinned, and come short of the glory of God; 1 John 1:8 If we say that we have no sin, we deceive ourselves, and the truth is not in us. 1 John 1:10 If we say that we have not sinned, we make him a liar, and his word is not in us. (b) Rom.8:7 Because the carnal mind is enmity against God: for it is not subject to the law of God, neither indeed can be. Eph.2:3 Among whom also we all had our conversation in times past in the lusts of our flesh, fulfilling the desires of the flesh and of the mind; and were by nature the children of wrath, even as others. Tit.3:3 For we ourselves also were sometimes foolish, disobedient, deceived, serving divers lusts and pleasures, living in malice and envy, hateful, and hating one another. Gen.6:5 And GOD saw that the wickedness of man was great in the earth, and that every imagination of the thoughts of his heart was only evil continually. Gen.8:21 And the LORD smelled a sweet savour; and the LORD said in his heart, I will not again curse the ground any more for man’s sake; for the imagination of man’s heart is evil from his youth; neither will I again smite any more every thing living, as I have done. Jer.17:9 The heart is deceitful above all things, and desperately wicked: who can know it? Rom.7:23 But I see another law in my members, warring against the law of my mind, and bringing me into captivity to the law of sin which is in my members.

 

Question 6. Did God then create man so wicked and perverse?

Answer: By no means; but God created man good, (a) and after his own image, (b) in true righteousness and holiness, that he might rightly know God his Creator, heartily love him and live with him in eternal happiness to glorify and praise him. (c)

(a) Gen.1:31 And God saw every thing that he had made, and, behold, it was very good. And the evening and the morning were the sixth day. (b) Gen.1:26 And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth. Gen.1:27 So God created man in his own image, in the image of God created he him; male and female created he them. (c) Col.3:9 Lie not one to another, seeing that ye have put off the old man with his deeds; Col.3:10 And have put on the new man, which is renewed in knowledge after the image of him that created him: Eph.4:23 And be renewed in the spirit of your mind; Eph.4:24 And that ye put on the new man, which after God is created in righteousness and true holiness. 2 Cor.3:18 But we all, with open face beholding as in a glass the glory of the Lord, are changed into the same image from glory to glory, even as by the Spirit of the Lord.

Question 7. Whence then proceeds this depravity of human nature?

Answer: From the fall and disobedience of our first parents, Adam and Eve, in Paradise; (a) hence our nature is become so corrupt, that we are all conceived and born in sin. (b)

(a) Genesis 3. Rom.5:12 Wherefore, as by one man sin entered into the world, and death by sin; and so death passed upon all men, for that all have sinned: Rom.5:18 Therefore as by the offence of one judgment came upon all men to condemnation; even so by the righteousness of one the free gift came upon all men unto justification of life. Rom.5:19 For as by one man’s disobedience many were made sinners, so by the obedience of one shall many be made righteous. (b) Ps.51:5 Behold, I was shapen in iniquity; and in sin did my mother conceive me. Gen.5:3 And Adam lived an hundred and thirty years, and begat a son in his own likeness, after his image; and called his name Seth:

Question 8. Are we then so corrupt that we are wholly incapable of doing any good, and inclined to all wickedness?

Answer: Indeed we are; (a) except we are regenerated by the Spirit of God. (b)

(a) Gen.8:21 The imagination of man’s heart is evil from his youth; John 3:6 That which is born of the flesh is flesh; and that which is born of the Spirit is spirit. Gen.6:5 And GOD saw that the wickedness of man was great in the earth, and that every imagination of the thoughts of his heart was only evil continually. Job 14:4 Who can bring a clean thing out of an unclean? not one. Job 15:14 What is man, that he should be clean? and he which is born of a woman, that he should be righteous? Job 15:16 How much more abominable and filthy is man, which drinketh iniquity like water? Job 15:35 They conceive mischief, and bring forth vanity, and their belly prepareth deceit. Isa.53:6 All we like sheep have gone astray; we have turned every one to his own way; and the LORD hath laid on him the iniquity of us all. (b) John 3:3 Jesus answered and said unto him, Verily, verily, I say unto thee, Except a man be born again, he cannot see the kingdom of God. John 3:5 Jesus answered, Verily, verily, I say unto thee, Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God. 1 Cor.12:3 Wherefore I give you to understand, that no man speaking by the Spirit of God calleth Jesus accursed: and that no man can say that Jesus is the Lord, but by the Holy Ghost. 2 Cor.3:5 Not that we are sufficient of ourselves to think any thing as of ourselves; but our sufficiency is of God;

 

Question 9. Does not God then do injustice to man, by requiring from him in his law, that which he cannot perform?

Answer: Not at all; (a) for God made man capable of performing it; but man, by the instigation of the devil, (b) and his own wilful disobedience, (c) deprived himself and all his posterity of those divine gifts.

(a) Eph.4:24 And that ye put on the new man, which after God is created in righteousness and true holiness. Eccl.7:29 Lo, this only have I found, that God hath made man upright; but they have sought out many inventions. (b) John 8:44 Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it. 2 Cor.11:3 But I fear, lest by any means, as the serpent beguiled Eve through his subtilty, so your minds should be corrupted from the simplicity that is in Christ. Gen.3:4 And the serpent said unto the woman, Ye shall not surely die: (c) Gen.3:6 And when the woman saw that the tree was good for food, and that it was pleasant to the eyes, and a tree to be desired to make one wise, she took of the fruit thereof, and did eat, and gave also unto her husband with her; and he did eat. Rom.5:12 Wherefore, as by one man sin entered into the world, and death by sin; and so death passed upon all men, for that all have sinned: Gen.3:13 And the LORD God said unto the woman, What is this that thou hast done? And the woman said, The serpent beguiled me, and I did eat. 1 Tim.2:13 For Adam was first formed, then Eve. 1 Tim.2:14 And Adam was not deceived, but the woman being deceived was in the transgression.

Question 10. Will God suffer such disobedience and rebellion to go unpunished?

Answer: By no means; but is terribly displeased (a) with our original as well as actual sins; and will punish them in his just judgment temporally and eternally, (b) as he has declared, “Cursed is every one that continueth not in all things, which are written in the book of the law, to do them.” (c)

(a) Gen.2:17 But of the tree of the knowledge of good and evil, thou shalt not eat of it: for in the day that thou eatest thereof thou shalt surely die. Rom.5:12 Wherefore, as by one man sin entered into the world, and death by sin; and so death passed upon all men, for that all have sinned: (b) Ps.5:5 The foolish shall not stand in thy sight: thou hatest all workers of iniquity. Ps.50:21 These things hast thou done, and I kept silence; thou thoughtest that I was altogether such an one as thyself: but I will reprove thee, and set them in order before thine eyes. Nah.1:2 God is jealous, and the LORD revengeth; the LORD revengeth, and is furious; the LORD will take vengeance on his adversaries, and he reserveth wrath for his enemies. Exod.20:5 Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; Exod.34:7 Keeping mercy for thousands, forgiving iniquity and transgression and sin, and that will by no means clear the guilty; visiting the iniquity of the fathers upon the children, and upon the children’s children, unto the third and to the fourth generation. Rom.1:18 For the wrath of God is revealed from heaven against all ungodliness and unrighteousness of men, who hold the truth in unrighteousness; Eph.5:6 Let no man deceive you with vain words: for because of these things cometh the wrath of God upon the children of disobedience. Heb.9:27 And as it is appointed unto men once to die, but after this the judgment: (c) Deut.27:26 Cursed be he that confirmeth not all the words of this law to do them. And all the people shall say, Amen. Gal.3:10 For as many as are of the works of the law are under the curse: for it is written, Cursed is every one that continueth not in all things which are written in the book of the law to do them.

Question 11. Is not God then also merciful?

Answer: God is indeed merciful, (a) but also just; (b) therefore his justice requires, that sin which is committed against the most high majesty of God, be also punished with extreme, that is, with everlasting punishment of body and soul.

(a) Exod.34:6 And the LORD passed by before him, and proclaimed, The LORD, The LORD God, merciful and gracious, longsuffering, and abundant in goodness and truth, Exod.34:7 Keeping mercy for thousands, forgiving iniquity and transgression and sin, and that will by no means clear the guilty; visiting the iniquity of the fathers upon the children, and upon the children’s children, unto the third and to the fourth generation. Exod.20:6 And shewing mercy unto thousands of them that love me, and keep my commandments. (b) Ps.7:9 Oh let the wickedness of the wicked come to an end; but establish the just: for the righteous God trieth the hearts and reins. Exod.20:5 Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; Exod.23:7 Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked. Exod.34:7 Keeping mercy for thousands, forgiving iniquity and transgression and sin, and that will by no means clear the guilty; visiting the iniquity of the fathers upon the children, and upon the children’s children, unto the third and to the fourth generation. Ps.5:5 The foolish shall not stand in thy sight: thou hatest all workers of iniquity. Ps.5:6 Thou shalt destroy them that speak leasing: the LORD will abhor the bloody and deceitful man. Nah.1:2 God is jealous, and the LORD revengeth; the LORD revengeth, and is furious; the LORD will take vengeance on his adversaries, and he reserveth wrath for his enemies. Nah.1:3 The LORD is slow to anger, and great in power, and will not at all acquit the wicked: the LORD hath his way in the whirlwind and in the storm, and the clouds are the dust of his feet.

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Question 12. Since then, by the righteous judgment of God, we deserve temporal and eternal punishment, is there no way by which we may escape that punishment, and be again received into favour?

Answer: God will have his justice satisfied: (a) and therefore we must make this full satisfaction, either by ourselves, or by another. (b)

(a) Gen.2:17 But of the tree of the knowledge of good and evil, thou shalt not eat of it: for in the day that thou eatest thereof thou shalt surely die. Exod.20:5 Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; Exod.23:7 Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked. Ezek.18:4 Behold, all souls are mine; as the soul of the father, so also the soul of the son is mine: the soul that sinneth, it shall die. Matt.5:26 Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing. 2 Thess.1:6 Seeing it is a righteous thing with God to recompense tribulation to them that trouble you; Luke 16:2 And he called him, and said unto him, How is it that I hear this of thee? give an account of thy stewardship; for thou mayest be no longer steward. (b) Rom.8:3 For what the law could not do, in that it was weak through the flesh, God sending his own Son in the likeness of sinful flesh, and for sin, condemned sin in the flesh: Rom.8:4 That the righteousness of the law might be fulfilled in us, who walk not after the flesh, but after the Spirit.

Question 13. Can we ourselves then make this satisfaction?

Answer: By no means; but on the contrary we daily increase our debt. (a)

(a) Job 9:2 I know it is so of a truth: but how should man be just with God? Job 9:3 If he will contend with him, he cannot answer him one of a thousand. Job 15:15 Behold, he putteth no trust in his saints; yea, the heavens are not clean in his sight. Job 15:16 How much more abominable and filthy is man, which drinketh iniquity like water? Job 4:18 Behold, he put no trust in his servants; and his angels he charged with folly: Job 4:19 How much less in them that dwell in houses of clay, whose foundation is in the dust, which are crushed before the moth? Ps.130:3 If thou, LORD, shouldest mark iniquities, O Lord, who shall stand? Matt.6:12 And forgive us our debts, as we forgive our debtors. Matt.18:25 But forasmuch as he had not to pay, his lord commanded him to be sold, and his wife, and children, and all that he had, and payment to be made. Matt.16:26 For what is a man profited, if he shall gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul?

Question 14. Can there be found anywhere, one, who is a mere creature, able to satisfy for us?

Answer: None; for, first, God will not punish any other creature for the sin which man has committed; (a) and further, no mere creature can sustain the burden of God’s eternal wrath against sin, so as to deliver others from it. (b)

(a) Ezek.18:4 Behold, all souls are mine; as the soul of the father, so also the soul of the son is mine: the soul that sinneth, it shall die. Gen.3:17 And unto Adam he said, Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying, Thou shalt not eat of it: cursed is the ground for thy sake; in sorrow shalt thou eat of it all the days of thy life; Heb.2:14 Forasmuch then as the children are partakers of flesh and blood, he also himself likewise took part of the same; that through death he might destroy him that had the power of death, that is, the devil; Heb.2:15 And deliver them who through fear of death were all their lifetime subject to bondage. Heb.2:16 For verily he took not on him the nature of angels; but he took on him the seed of Abraham. Heb.2:17 Wherefore in all things it behoved him to be made like unto his brethren, that he might be a merciful and faithful high priest in things pertaining to God, to make reconciliation for the sins of the people. (b) Nah.1:6 Who can stand before his indignation? and who can abide in the fierceness of his anger? his fury is poured out like fire, and the rocks are thrown down by him. Ps.130:3 If thou, LORD, shouldest mark iniquities, O Lord, who shall stand?

Question 15. What sort of a mediator and deliverer then must we seek for?

Answer: For one who is very man, and perfectly (a) righteous; (b) and yet more powerful than all creatures; that is, one who is also very God. (c)

(a) 1 Cor.15:21 For since by man came death, by man came also the resurrection of the dead. Jer.33:16 In those days shall Judah be saved, and Jerusalem shall dwell safely: and this is the name wherewith she shall be called, The LORD our righteousness. Isa.53:9 And he made his grave with the wicked, and with the rich in his death; because he had done no violence, neither was any deceit in his mouth. 2 Cor.5:21 For he hath made him to be sin for us, who knew no sin; that we might be made the righteousness of God in him. (b) Heb.7:26 For such an high priest became us, who is holy, harmless, undefiled, separate from sinners, and made higher than the heavens; Heb.7:16 Who is made, not after the law of a carnal commandment, but after the power of an endless life. (c) Isa.7:14 Therefore the Lord himself shall give you a sign; Behold, a virgin shall conceive, and bear a son, and shall call his name Immanuel. Isa.9:6 For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace. Rom.9:5 Whose are the fathers, and of whom as concerning the flesh Christ came, who is over all, God blessed for ever. Amen. Jer.23:5 Behold, the days come, saith the LORD, that I will raise unto David a righteous Branch, and a King shall reign and prosper, and shall execute judgment and justice in the earth. Jer.23:6 In his days Judah shall be saved, and Israel shall dwell safely: and this is his name whereby he shall be called, THE LORD OUR RIGHTEOUSNESS. Luke 11:22 But when a stronger than he (a stromg man armed) shall come upon him, and overcome him, he taketh from him all his armour wherein he trusted, and divideth his spoils.

 

Question 16. Why must he be very man, and also perfectly righteous?

Answer: Because the justice of God requires that the same human nature which has sinned, should likewise make satisfaction for sin; (a) and one, who is himself a sinner, cannot satisfy for others. (b)

(a) Ezek.18:4 Behold, all souls are mine; as the soul of the father, so also the soul of the son is mine: the soul that sinneth, it shall die. Ezek.18:20 The soul that sinneth, it shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son: the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him. Rom.5:12 Wherefore, as by one man sin entered into the world, and death by sin; and so death passed upon all men, for that all have sinned: Rom.5:15 But not as the offence, so also is the free gift. For if through the offence of one many be dead, much more the grace of God, and the gift by grace, which is by one man, Jesus Christ, hath abounded unto many. Rom.5:18 Therefore as by the offence of one judgment came upon all men to condemnation; even so by the righteousness of one the free gift came upon all men unto justification of life. 1 Cor.15:21 For since by man came death, by man came also the resurrection of the dead. Heb.2:14 Forasmuch then as the children are partakers of flesh and blood, he also himself likewise took part of the same; that through death he might destroy him that had the power of death, that is, the devil; Heb.2:15 And deliver them who through fear of death were all their lifetime subject to bondage. Heb.2:16 For verily he took not on him the nature of angels; but he took on him the seed of Abraham. 1 Pet.3:18 For Christ also hath once suffered for sins, the just for the unjust, that he might bring us to God, being put to death in the flesh, but quickened by the Spirit: Isa.53:3 He is despised and rejected of men; a man of sorrows, and acquainted with grief: and we hid as it were our faces from him; he was despised, and we esteemed him not. Isa.53:4 Surely he hath borne our griefs, and carried our sorrows: yet we did esteem him stricken, smitten of God, and afflicted. Isa.53:5 But he was wounded for our transgressions, he was bruised for our iniquities: the chastisement of our peace was upon him; and with his stripes we are healed. Isa.53:10 Yet it pleased the LORD to bruise him; he hath put him to grief: when thou shalt make his soul an offering for sin, he shall see his seed, he shall prolong his days, and the pleasure of the LORD shall prosper in his hand. Isa.53:11 He shall see of the travail of his soul, and shall be satisfied: by his knowledge shall my righteous servant justify many; for he shall bear their iniquities. (b) Heb.7:26 For such an high priest became us, who is holy, harmless, undefiled, separate from sinners, and made higher than the heavens; Heb.7:27 Who needeth not daily, as those high priests, to offer up sacrifice, first for his own sins, and then for the people’s: for this he did once, when he offered up himself. Ps.49:7 None of them can by any means redeem his brother, nor give to God a ransom for him: Ps.49:8 (For the redemption of their soul is precious, and it ceaseth for ever:) 1 Pet.3:18 For Christ also hath once suffered for sins, the just for the unjust, that he might bring us to God, being put to death in the flesh, but quickened by the Spirit:

Question 17. Why must he in one person be also very God?

Answer: That he might, by the power of his Godhead (a) sustain in his human nature, (b) the burden of God’s wrath; (c) and might obtain for, and restore to us, righteousness and life. (d)

(a) Isa.9:6 For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace. Isa.63:3 I have trodden the winepress alone; and of the people there was none with me: for I will tread them in mine anger, and trample them in my fury; and their blood shall be sprinkled upon my garments, and I will stain all my raiment. (b) Isa.53:4 Surely he hath borne our griefs, and carried our sorrows: yet we did esteem him stricken, smitten of God, and afflicted. Isa.53:11 He shall see of the travail of his soul, and shall be satisfied: by his knowledge shall my righteous servant justify many; for he shall bear their iniquities. (c) Deut.4:24 For the LORD thy God is a consuming fire, even a jealous God. Nah.1:6 Who can stand before his indignation? and who can abide in the fierceness of his anger? his fury is poured out like fire, and the rocks are thrown down by him. Ps.130:3 If thou, LORD, shouldest mark iniquities, O Lord, who shall stand? (d) Isa.53:5 But he was wounded for our transgressions, he was bruised for our iniquities: the chastisement of our peace was upon him; and with his stripes we are healed. Isa.53:11 He shall see of the travail of his soul, and shall be satisfied: by his knowledge shall my righteous servant justify many; for he shall bear their iniquities. Acts 2:24 Whom God hath raised up, having loosed the pains of death: because it was not possible that he should be holden of it. 1 Pet.3:18 For Christ also hath once suffered for sins, the just for the unjust, that he might bring us to God, being put to death in the flesh, but quickened by the Spirit: John 3:16 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. Acts 20:28 Take heed therefore unto yourselves, and to all the flock, over the which the Holy Ghost hath made you overseers, to feed the church of God, which he hath purchased with his own blood. John 1:4 In him was life; and the life was the light of men.

Question 18. Who then is that Mediator, who is in one person both very God, (a) and a real (b) righteous man? (c)

Answer: Our Lord Jesus Christ: (d) “who of God is made unto us wisdom, and righteousness, and sanctification, and redemption.” (e)

(a) 1 John 5:20 And we know that the Son of God is come, and hath given us an understanding, that we may know him that is true, and we are in him that is true, even in his Son Jesus Christ. This is the true God, and eternal life. Rom.9:5 Whose are the fathers, and of whom as concerning the flesh Christ came, who is over all, God blessed for ever. Amen. Rom.8:3 For what the law could not do, in that it was weak through the flesh, God sending his own Son in the likeness of sinful flesh, and for sin, condemned sin in the flesh: Gal.4:4 But when the fulness of the time was come, God sent forth his Son, made of a woman, made under the law, Isa.9:6 For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace. Jer.23:6 In his days Judah shall be saved, and Israel shall dwell safely: and this is his name whereby he shall be called, THE LORD OUR RIGHTEOUSNESS. Mal.3:1 Behold, I will send my messenger, and he shall prepare the way before me: and the Lord, whom ye seek, shall suddenly come to his temple, even the messenger of the covenant, whom ye delight in: behold, he shall come, saith the LORD of hosts. (b) Luke 1:42 And she (Elisabeth) spake out with a loud voice, and said, Blessed art thou (Mary) among women, and blessed is the fruit of thy womb. Luke 2:6 And so it was, that, while they were there, the days were accomplished that she should be delivered. Luke 2:7 And she brought forth her firstborn son, and wrapped him in swaddling clothes, and laid him in a manger; because there was no room for them in the inn. Rom.1:3 Concerning his Son Jesus Christ our Lord, which was made of the seed of David according to the flesh; Rom.9:5 Whose are the fathers, and of whom as concerning the flesh Christ came, who is over all, God blessed for ever. Amen. Philip.2:7 But made himself of no reputation, and took upon him the form of a servant, and was made in the likeness of men: Heb.2:14 Forasmuch then as the children are partakers of flesh and blood, he also himself likewise took part of the same; that through death he might destroy him that had the power of death, that is, the devil; Heb.2:16 For verily he took not on him the nature of angels; but he took on him the seed of Abraham. Heb.2:17 Wherefore in all things it behoved him to be made like unto his brethren, that he might be a merciful and faithful high priest in things pertaining to God, to make reconciliation for the sins of the people. Heb.4:15 For we have not an high priest which cannot be touched with the feeling of our infirmities; but was in all points tempted like as we are, yet without sin. (c) Isa.53:9 And he made his grave with the wicked, and with the rich in his death; because he had done no violence, neither was any deceit in his mouth. Isa.53:11 He shall see of the travail of his soul, and shall be satisfied: by his knowledge shall my righteous servant justify many; for he shall bear their iniquities. Jer.23:5 Behold, the days come, saith the LORD, that I will raise unto David a righteous Branch, and a King shall reign and prosper, and shall execute judgment and justice in the earth. Luke 1:35 And the angel answered and said unto her, The Holy Ghost shall come upon thee, and the power of the Highest shall overshadow thee: therefore also that holy thing which shall be born of thee shall be called the Son of God. John 8:46 Which of you convinceth me of sin? And if I say the truth, why do ye not believe me? Heb.4:15 For we have not an high priest which cannot be touched with the feeling of our infirmities; but was in all points tempted like as we are, yet without sin. Heb.7:26 For such an high priest became us, who is holy, harmless, undefiled, separate from sinners, and made higher than the heavens; 1 Pet.1:19 But with the precious blood of Christ, as of a lamb without blemish and without spot: 1 Pet.2:22 Who did no sin, neither was guile found in his mouth: 1 Pet.3:18 For Christ also hath once suffered for sins, the just for the unjust, that he might bring us to God, being put to death in the flesh, but quickened by the Spirit: (d) 1 Tim.2:5 For there is one God, and one mediator between God and men, the man Christ Jesus; Heb.2:9 But we see Jesus, who was made a little lower than the angels for the suffering of death, crowned with glory and honour; that he by the grace of God should taste death for every man. Matt.1:23 Behold, a virgin shall be with child, and shall bring forth a son, and they shall call his name Emmanuel, which being interpreted is, God with us. 1 Tim.3:16 And without controversy great is the mystery of godliness: God was manifest in the flesh, justified in the Spirit, seen of angels, preached unto the Gentiles, believed on in the world, received up into glory. Luke 2:11 For unto you is born this day in the city of David a Saviour, which is Christ the Lord. (e) 1 Cor.1:30 But of him are ye in Christ Jesus, who of God is made unto us wisdom, and righteousness, and sanctification, and redemption:

Question 19. Whence knowest thou this?

Answer: From the holy gospel, which God himself first revealed in Paradise; (a) and afterwards published by the patriarchs (b) and prophets, (c) and represented by the sacrifices and other ceremonies of the law; (d) and lastly, has fulfilled it by his only begotten Son. (e)

(a) Gen.3:15 And I will put enmity between thee and the woman, and between thy seed and her seed; it shall bruise thy head, and thou shalt bruise his heel. (b) Gen.22:18 And in thy seed shall all the nations of the earth be blessed; because thou hast obeyed my voice. Gen.12:3 And I will bless them that bless thee, and curse him that curseth thee: and in thee shall all families of the earth be blessed. Gen.49:10 The sceptre shall not depart from Judah, nor a lawgiver from between his feet, until Shiloh come; and unto him shall the gathering of the people be. Gen.49:11 Binding his foal unto the vine, and his ass’s colt unto the choice vine; he washed his garments in wine, and his clothes in the blood of grapes: (c) Isaiah 53. Isa.42:1 Behold my servant, whom I uphold; mine elect, in whom my soul delighteth; I have put my spirit upon him: he shall bring forth judgment to the Gentiles. Isa.42:2 He shall not cry, nor lift up, nor cause his voice to be heard in the street. Isa.42:3 A bruised reed shall he not break, and the smoking flax shall he not quench: he shall bring forth judgment unto truth. Isa.42:4 He shall not fail nor be discouraged, till he have set judgment in the earth: and the isles shall wait for his law. Isa.43:25 I, even I, am he that blotteth out thy transgressions for mine own sake, and will not remember thy sins. Isa.49:5 And now, saith the LORD that formed me from the womb to be his servant, to bring Jacob again to him, Though Israel be not gathered, yet shall I be glorious in the eyes of the LORD, and my God shall be my strength. Isa.49:6 And he said, It is a light thing that thou shouldest be my servant to raise up the tribes of Jacob, and to restore the preserved of Israel: I will also give thee for a light to the Gentiles, that thou mayest be my salvation unto the end of the earth. Isa.49:22 Thus saith the Lord GOD, Behold, I will lift up mine hand to the Gentiles, and set up my standard to the people: and they shall bring thy sons in their arms, and thy daughters shall be carried upon their shoulders. Isa.49:23 And kings shall be thy nursing fathers, and their queens thy nursing mothers: they shall bow down to thee with their face toward the earth, and lick up the dust of thy feet; and thou shalt know that I am the LORD: for they shall not be ashamed that wait for me. Jer.23:5 Behold, the days come, saith the LORD, that I will raise unto David a righteous Branch, and a King shall reign and prosper, and shall execute judgment and justice in the earth. Jer.23:6 In his days Judah shall be saved, and Israel shall dwell safely: and this is his name whereby he shall be called, THE LORD OUR RIGHTEOUSNESS. Jer.31:32 Not according to the covenant that I made with their fathers in the day that I took them by the hand to bring them out of the land of Egypt; which my covenant they brake, although I was an husband unto them, saith the LORD: Jer.31:33 But this shall be the covenant that I will make with the house of Israel; After those days, saith the LORD, I will put my law in their inward parts, and write it in their hearts; and will be their God, and they shall be my people. Jer.32:39 And I will give them one heart, and one way, that they may fear me for ever, for the good of them, and of their children after them: Jer.32:40 And I will make an everlasting covenant with them, that I will not turn away from them, to do them good; but I will put my fear in their hearts, that they shall not depart from me. Jer.32:41 Yea, I will rejoice over them to do them good, and I will plant them in this land assuredly with my whole heart and with my whole soul. Mic.7:18 Who is a God like unto thee, that pardoneth iniquity, and passeth by the transgression of the remnant of his heritage? he retaineth not his anger for ever, because he delighteth in mercy. Mic.7:19 He will turn again, he will have compassion upon us; he will subdue our iniquities; and thou wilt cast all their sins into the depths of the sea. Mic.7:20 Thou wilt perform the truth to Jacob, and the mercy to Abraham, which thou hast sworn unto our fathers from the days of old. Acts 10:43 To him give all the prophets witness, that through his name whosoever believeth in him shall receive remission of sins. Rom.1:2 (Which he had promised afore by his prophets in the holy scriptures,) Heb.1:1 God, who at sundry times and in divers manners spake in time past unto the fathers by the prophets, Acts 3:22 For Moses truly said unto the fathers, A prophet shall the Lord your God raise up unto you of your brethren, like unto me; him shall ye hear in all things whatsoever he shall say unto you. Acts 3:23 And it shall come to pass, that every soul, which will not hear that prophet, shall be destroyed from among the people. Acts 3:24 Yea, and all the prophets from Samuel and those that follow after, as many as have spoken, have likewise foretold of these days. Acts 10:43 To him give all the prophets witness, that through his name whosoever believeth in him shall receive remission of sins. John 5:46 For had ye believed Moses, ye would have believed me: for he wrote of me. (d) Heb.10:1 For the law having a shadow of good things to come, and not the very image of the things, can never with those sacrifices which they offered year by year continually make the comers thereunto perfect. Heb.10:7 Then said I, Lo, I come (in the volume of the book it is written of me,) to do thy will, O God. Col.2:7 Rooted and built up in him, and stablished in the faith, as ye have been taught, abounding therein with thanksgiving. John 5:46 For had ye believed Moses, ye would have believed me: for he wrote of me. (e) Rom.10:4 For Christ is the end of the law for righteousness to every one that believeth. Gal.4:4 But when the fulness of the time was come, God sent forth his Son, made of a woman, made under the law, Gal.4:5 To redeem them that were under the law, that we might receive the adoption of sons. Gal.3:24 Wherefore the law was our schoolmaster to bring us unto Christ, that we might be justified by faith. Col.2:17 Which are a shadow of things to come; but the body is of Christ.

 

Question 20. Are all men then, as they perished in Adam, saved by Christ?

Answer: No; (a) only those who are ingrafted into him, and, receive all his benefits, by a true faith. (b)

(a) Matt.7:14 Because strait is the gate, and narrow is the way, which leadeth unto life, and few there be that find it. Matt.22:14 For many are called, but few are chosen. (b) Mark 16:16 He that believeth and is baptized shall be saved; but he that believeth not shall be damned. John 1:12 But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name: John 3:16 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. John 3:18 He that believeth on him is not condemned: but he that believeth not is condemned already, because he hath not believed in the name of the only begotten Son of God. John 3:36 He that believeth on the Son hath everlasting life: and he that believeth not the Son shall not see life; but the wrath of God abideth on him. Isa.53:11 He shall see of the travail of his soul, and shall be satisfied: by his knowledge shall my righteous servant justify many; for he shall bear their iniquities. Ps.2:12 Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him. Rom.11:17 And if some of the branches be broken off, and thou, being a wild olive tree, wert graffed in among them, and with them partakest of the root and fatness of the olive tree; Rom.11:19 Thou wilt say then, The branches were broken off, that I might be graffed in. Rom.11:20 Well; because of unbelief they were broken off, and thou standest by faith. Be not highminded, but fear: Rom.3:22 Even the righteousness of God which is by faith of Jesus Christ unto all and upon all them that believe: for there is no difference: Heb.4:2 For unto us was the gospel preached, as well as unto them: but the word preached did not profit them, not being mixed with faith in them that heard it. Heb.4:3 For we which have believed do enter into rest, as he said, As I have sworn in my wrath, if they shall enter into my rest: although the works were finished from the foundation of the world. Heb.5:9 And being made perfect, he became the author of eternal salvation unto all them that obey him; Heb.10:39 But we are not of them who draw back unto perdition; but of them that believe to the saving of the soul. Heb.11:6 But without faith it is impossible to please him: for he that cometh to God must believe that he is, and that he is a rewarder of them that diligently seek him.

Question 21. What is true faith?

Answer: True faith is not only a certain knowledge, whereby I hold for truth all that God has revealed to us in his word, (a) but also an assured confidence, (b) which the Holy Ghost (c) works by the gospel in my heart; (d) that not only to others, but to me also, remission of sin, everlasting righteousness and salvation, (e) are freely given by God, merely of grace, only for the sake of Christ’s merits. (f)

(a) James 2:19 Thou believest that there is one God; thou doest well: the devils also believe, and tremble. (b) 2 Cor.4:13 We having the same spirit of faith, according as it is written, I believed, and therefore have I spoken; we also believe, and therefore speak; Eph.2:7 That in the ages to come he might shew the exceeding riches of his grace in his kindness toward us through Christ Jesus. Eph.2:8 For by grace are ye saved through faith; and that not of yourselves: it is the gift of God: Eph.2:9 Not of works, lest any man should boast. Eph.3:12 In whom we have boldness and access with confidence by the faith of him. Gal.2:16 Knowing that a man is not justified by the works of the law, but by the faith of Jesus Christ, even we have believed in Jesus Christ, that we might be justified by the faith of Christ, and not by the works of the law: for by the works of the law shall no flesh be justified. Heb.11:1 Now faith is the substance of things hoped for, the evidence of things not seen. Heb.11:7 By faith Noah, being warned of God of things not seen as yet, moved with fear, prepared an ark to the saving of his house; by the which he condemned the world, and became heir of the righteousness which is by faith. Heb.11:8 By faith Abraham, when he was called to go out into a place which he should after receive for an inheritance, obeyed; and he went out, not knowing whither he went. Heb.11:9 By faith he sojourned in the land of promise, as in a strange country, dwelling in tabernacles with Isaac and Jacob, the heirs with him of the same promise: Heb.11:10 For he looked for a city which hath foundations, whose builder and maker is God. Heb.4:16 Let us therefore come boldly unto the throne of grace, that we may obtain mercy, and find grace to help in time of need. James 1:6 But let him ask in faith, nothing wavering. For he that wavereth is like a wave of the sea driven with the wind and tossed. Matt.16:17 And Jesus answered and said unto him, Blessed art thou, Simon Barjona: for flesh and blood hath not revealed it unto thee, but my Father which is in heaven. Philip.1:19 For I know that this shall turn to my salvation through your prayer, and the supply of the Spirit of Jesus Christ, Rom.4:17 (As it is written, I have made thee a father of many nations,) before him whom he believed, even God, who quickeneth the dead, and calleth those things which be not as though they were. Rom.4:21 And being fully persuaded that, what he had promised, he was able also to perform. Rom.5:1 Therefore being justified by faith, we have peace with God through our Lord Jesus Christ: Rom.1:16 For I am not ashamed of the gospel of Christ: for it is the power of God unto salvation to every one that believeth; to the Jew first, and also to the Greek. Rom.10:10 For with the heart man believeth unto righteousness; and with the mouth confession is made unto salvation. Rom.10:17 So then faith cometh by hearing, and hearing by the word of God. Rom.4:16 Therefore it is of faith, that it might be by grace; to the end the promise might be sure to all the seed; not to that only which is of the law, but to that also which is of the faith of Abraham; who is the father of us all, Rom.4:18 Who against hope believed in hope, that he might become the father of many nations, according to that which was spoken, So shall thy seed be. Rom.4:19 And being not weak in faith, he considered not his own body now dead, when he was about an hundred years old, neither yet the deadness of Sara’s womb: Rom.4:20 He staggered not at the promise of God through unbelief; but was strong in faith, giving glory to God; Rom.3:24 Being justified freely by his grace through the redemption that is in Christ Jesus: Rom.3:25 Whom God hath set forth to be a propitiation through faith in his blood, to declare his righteousness for the remission of sins that are past, through the forbearance of God; (c) Gal.5:22 But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith, Matt.16:17 And Jesus answered and said unto him, Blessed art thou, Simon Barjona: for flesh and blood hath not revealed it unto thee, but my Father which is in heaven. 2 Cor.4:13 We having the same spirit of faith, according as it is written, I believed, and therefore have I spoken; we also believe, and therefore speak; John 6:29 Jesus answered and said unto them, This is the work of God, that ye believe on him whom he hath sent. Eph.2:8 For by grace are ye saved through faith; and that not of yourselves: it is the gift of God: Philip.1:19 For I know that this shall turn to my salvation through your prayer, and the supply of the Spirit of Jesus Christ, Acts 16:14 And a certain woman named Lydia, a seller of purple, of the city of Thyatira, which worshipped God, heard us: whose heart the Lord opened, that she attended unto the things which were spoken of Paul. (d) Rom.1:16 For I am not ashamed of the gospel of Christ: for it is the power of God unto salvation to every one that believeth; to the Jew first, and also to the Greek. Rom.10:17 So then faith cometh by hearing, and hearing by the word of God. 1 Cor.1:21 For after that in the wisdom of God the world by wisdom knew not God, it pleased God by the foolishness of preaching to save them that believe. Acts 10:44 While Peter yet spake these words, the Holy Ghost fell on all them which heard the word. Acts 16:14 And a certain woman named Lydia, a seller of purple, of the city of Thyatira, which worshipped God, heard us: whose heart the Lord opened, that she attended unto the things which were spoken of Paul. (e) Rom.1:17 For therein is the righteousness of God revealed from faith to faith: as it is written, The just shall live by faith. Gal.3:11 But that no man is justified by the law in the sight of God, it is evident: for, The just shall live by faith. Heb.10:10 By the which will we are sanctified through the offering of the body of Jesus Christ once for all. Heb.10:38 Now the just shall live by faith: but if any man draw back, my soul shall have no pleasure in him. Gal.2:16 Knowing that a man is not justified by the works of the law, but by the faith of Jesus Christ, even we have believed in Jesus Christ, that we might be justified by the faith of Christ, and not by the works of the law: for by the works of the law shall no flesh be justified. (f) Eph.2:8 For by grace are ye saved through faith; and that not of yourselves: it is the gift of God: Rom.3:24 Being justified freely by his grace through the redemption that is in Christ Jesus: Rom.5:19 For as by one man’s disobedience many were made sinners, so by the obedience of one shall many be made righteous. Luke 1:77 To give knowledge of salvation unto his people by the remission of their sins, Luke 1:78 Through the tender mercy of our God; whereby the dayspring from on high hath visited us,

Question 22. What is then necessary for a christian to believe?

Answer: All things promised us in the gospel, (a) which the articles of our catholic undoubted christian faith briefly teach us.

(a) John 20:31 But these are written, that ye might believe that Jesus is the Christ, the Son of God; and that believing ye might have life through his name. Matt.28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost: Mark 1:15 And saying, The time is fulfilled, and the kingdom of God is at hand: repent ye, and believe the gospel.

Question 23. What are these articles?

Answer: 1. I believe in God the Father, Almighty, Maker of heaven and earth: 2. And in Jesus Christ, his only begotten Son, our Lord: 3. Who was conceived by the Holy Ghost, born of the Virgin Mary: 4. Suffered under Pontius Pilate; was crucified, dead, and buried: He descended into hell: 5. The third day he rose again from the dead: 6. He ascended into heaven, and sitteth at the right hand of God the Father Almighty: 7. From thence he shall come to judge the quick and the dead: 8. I believe in the Holy Ghost: 9. I believe a holy catholic church: the communion of saints: 10. The forgiveness of sins: 11. The resurrection of the body: 12. And the life everlasting.

 

Question 24. How are these articles divided?

Answer: Into three parts; the first is of God the Father, and our creation; the second of God the Son, and our redemption; the third of God the Holy Ghost, and our sanctification.

Question 25. Since there is but one only divine essence, (a) why speakest thou of Father, Son, and Holy Ghost?

Answer: Because God has so revealed himself in his word, (b) that these three distinct persons are the one only true and eternal God.

(a) Deut.6:4 Hear, O Israel: The LORD our God is one LORD: Eph.4:6 One God and Father of all, who is above all, and through all, and in you all. Isa.44:6 Thus saith the LORD the King of Israel, and his redeemer the LORD of hosts; I am the first, and I am the last; and beside me there is no God. Isa.45:5 I am the LORD, and there is none else, there is no God beside me: I girded thee, though thou hast not known me: 1 Cor.8:4 As concerning therefore the eating of those things that are offered in sacrifice unto idols, we know that an idol is nothing in the world, and that there is none other God but one. 1 Cor.8:6 But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him. (b) Isa.61:1 The Spirit of the Lord GOD is upon me; because the LORD hath anointed me to preach good tidings unto the meek; he hath sent me to bind up the brokenhearted, to proclaim liberty to the captives, and the opening of the prison to them that are bound; Luke 4:18 The Spirit of the Lord is upon me, because he hath anointed me to preach the gospel to the poor; he hath sent me to heal the brokenhearted, to preach deliverance to the captives, and recovering of sight to the blind, to set at liberty them that are bruised, Gen.1:2 And the earth was without form, and void; and darkness was upon the face of the deep. And the Spirit of God moved upon the face of the waters. Gen.1:3 And God said, Let there be light: and there was light. Ps.33:6 By the word of the LORD were the heavens made; and all the host of them by the breath of his mouth. Isa.48:16 Come ye near unto me, hear ye this; I have not spoken in secret from the beginning; from the time that it was, there am I: and now the Lord GOD, and his Spirit, hath sent me. Ps.110:1 <<A Psalm of David.>> The LORD said unto my Lord, Sit thou at my right hand, until I make thine enemies thy footstool. Matt.3:16 And Jesus, when he was baptized, went up straightway out of the water: and, lo, the heavens were opened unto him, and he saw the Spirit of God descending like a dove, and lighting upon him: Matt.3:17 And lo a voice from heaven, saying, This is my beloved Son, in whom I am well pleased. Matt.28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost: 1 John 5:7 For there are three that bear record in heaven, the Father, the Word, and the Holy Ghost: and these three are one. Isa.6:1 In the year that king Uzziah died I saw also the Lord sitting upon a throne, high and lifted up, and his train filled the temple. Isa.6:3 And one cried unto another, and said, Holy, holy, holy, is the LORD of hosts: the whole earth is full of his glory. John 14:26 But the Comforter, which is the Holy Ghost, whom the Father will send in my name, he shall teach you all things, and bring all things to your remembrance, whatsoever I have said unto you. John 15:26 But when the Comforter is come, whom I will send unto you from the Father, even the Spirit of truth, which proceedeth from the Father, he shall testify of me: 2 Cor.13:13 All the saints salute you. Gal.4:6 And because ye are sons, God hath sent forth the Spirit of his Son into your hearts, crying, Abba, Father. Eph.2:18 For through him we both have access by one Spirit unto the Father. Tit.3:5 Not by works of righteousness which we have done, but according to his mercy he saved us, by the washing of regeneration, and renewing of the Holy Ghost; Tit.3:6 Which he shed on us abundantly through Jesus Christ our Saviour;

Question 26. What believest thou when thou sayest, “I believe in God the Father, Almighty, Maker of heaven and earth”?

Answer: That the eternal Father of our Lord Jesus Christ (who of nothing made heaven and earth, with all that is in them; (a) who likewise upholds and governs the same by his eternal counsel and providence) (b) is for the sake of Christ his Son, my God and my Father; (c) on whom I rely so entirely, that I have no doubt, but he will provide me with all things necessary for soul and body (d) and further, that he will make whatever evils he sends upon me, in this valley of tears turn out to my advantage; (e) for he is able to do it, being Almighty God, (f) and willing, being a faithful Father. (g)

(a) Genesis 1 and 2. Exod.20:11 For in six days the LORD made heaven and earth, the sea, and all that in them is, and rested the seventh day: wherefore the LORD blessed the sabbath day, and hallowed it. Job 33:4 The Spirit of God hath made me, and the breath of the Almighty hath given me life. Job 38 and 39. Ps.33:6 By the word of the LORD were the heavens made; and all the host of them by the breath of his mouth. Acts 4:24 And when they heard that, they lifted up their voice to God with one accord, and said, Lord, thou art God, which hast made heaven, and earth, and the sea, and all that in them is: Acts 14:15 And saying, Sirs, why do ye these things? We also are men of like passions with you, and preach unto you that ye should turn from these vanities unto the living God, which made heaven, and earth, and the sea, and all things that are therein: Isa.45:7 I form the light, and create darkness: I make peace, and create evil: I the LORD do all these things. (b) Matt.10:29 Are not two sparrows sold for a farthing? and one of them shall not fall on the ground without your Father. Heb.1:3 Who being the brightness of his glory, and the express image of his person, and upholding all things by the word of his power, when he had by himself purged our sins, sat down on the right hand of the Majesty on high; Ps.104:27 These wait all upon thee; that thou mayest give them their meat in due season. Ps.104:28 That thou givest them they gather: thou openest thine hand, they are filled with good. Ps.104:29 Thou hidest thy face, they are troubled: thou takest away their breath, they die, and return to their dust. Ps.104:30 Thou sendest forth thy spirit, they are created: and thou renewest the face of the earth. Ps.115:3 But our God is in the heavens: he hath done whatsoever he hath pleased. Matt.10:29 Are not two sparrows sold for a farthing? and one of them shall not fall on the ground without your Father. Eph.1:11 In whom also we have obtained an inheritance, being predestinated according to the purpose of him who worketh all things after the counsel of his own will: (c) John 1:12 But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name: Rom.8:15 For ye have not received the spirit of bondage again to fear; but ye have received the Spirit of adoption, whereby we cry, Abba, Father. Gal.4:5 To redeem them that were under the law, that we might receive the adoption of sons. Gal.4:6 And because ye are sons, God hath sent forth the Spirit of his Son into your hearts, crying, Abba, Father. Gal.4:7 Wherefore thou art no more a servant, but a son; and if a son, then an heir of God through Christ. Eph.1:5 Having predestinated us unto the adoption of children by Jesus Christ to himself, according to the good pleasure of his will, (d) Ps.55:23 But thou, O God, shalt bring them down into the pit of destruction: bloody and deceitful men shall not live out half their days; but I will trust in thee. Matt.6:25 Therefore I say unto you, Take no thought for your life, what ye shall eat, or what ye shall drink; nor yet for your body, what ye shall put on. Is not the life more than meat, and the body than raiment? Matt.6:26 Behold the fowls of the air: for they sow not, neither do they reap, nor gather into barns; yet your heavenly Father feedeth them. Are ye not much better than they? Luke 12:22 And he said unto his disciples, Therefore I say unto you, Take no thought for your life, what ye shall eat; neither for the body, what ye shall put on. (e) Rom.8:28 And we know that all things work together for good to them that love God, to them who are the called according to his purpose. (f) Rom.10:12 For there is no difference between the Jew and the Greek: for the same Lord over all is rich unto all that call upon him. Luke 12:22 And he said unto his disciples, Therefore I say unto you, Take no thought for your life, what ye shall eat; neither for the body, what ye shall put on. Rom.8:23 And not only they, but ourselves also, which have the firstfruits of the Spirit, even we ourselves groan within ourselves, waiting for the adoption, to wit, the redemption of our body. Isa.46:4 And even to your old age I am he; and even to hoar hairs will I carry you: I have made, and I will bear; even I will carry, and will deliver you. Rom.10:12 For there is no difference between the Jew and the Greek: for the same Lord over all is rich unto all that call upon him. (g) Matt.6:25 Therefore I say unto you, Take no thought for your life, what ye shall eat, or what ye shall drink; nor yet for your body, what ye shall put on. Is not the life more than meat, and the body than raiment? Matt.6:26 Behold the fowls of the air: for they sow not, neither do they reap, nor gather into barns; yet your heavenly Father feedeth them. Are ye not much better than they? Matt.6:27 Which of you by taking thought can add one cubit unto his stature? Matt.6:28 And why take ye thought for raiment? Consider the lilies of the field, how they grow; they toil not, neither do they spin: Matt.6:29 And yet I say unto you, That even Solomon in all his glory was not arrayed like one of these. Matt.6:30 Wherefore, if God so clothe the grass of the field, which to day is, and to morrow is cast into the oven, shall he not much more clothe you, O ye of little faith? Matt.6:31 Therefore take no thought, saying, What shall we eat? or, What shall we drink? or, Wherewithal shall we be clothed? Matt.6:32 (For after all these things do the Gentiles seek:) for your heavenly Father knoweth that ye have need of all these things. Matt.6:33 But seek ye first the kingdom of God, and his righteousness; and all these things shall be added unto you. Matt.6:34 Take therefore no thought for the morrow: for the morrow shall take thought for the things of itself. Sufficient unto the day is the evil thereof. Matt.7:9 Or what man is there of you, whom if his son ask bread, will he give him a stone? Matt.7:10 Or if he ask a fish, will he give him a serpent? Matt.7:11 If ye then, being evil, know how to give good gifts unto your children, how much more shall your Father which is in heaven give good things to them that ask him?

 

Question 27. What dost thou mean by the providence of God?

Answer: The almighty and everywhere present power of God; (a) whereby, as it were by his hand, he upholds and governs (b) heaven, earth, and all creatures; so that herbs and grass, rain and drought, (c) fruitful and barren years, meat and drink, health and sickness, (d) riches and poverty, (e) yea, and all things come, not by chance, but be his fatherly hand. (f)

(a) Acts 17:25 Neither is worshipped with men’s hands, as though he needed any thing, seeing he giveth to all life, and breath, and all things; Acts 17:26 And hath made of one blood all nations of men for to dwell on all the face of the earth, and hath determined the times before appointed, and the bounds of their habitation; Acts 17:27 That they should seek the Lord, if haply they might feel after him, and find him, though he be not far from every one of us: Acts 17:28 For in him we live, and move, and have our being; as certain also of your own poets have said, For we are also his offspring. Jer.23:23 Am I a God at hand, saith the LORD, and not a God afar off? Jer.23:24 Can any hide himself in secret places that I shall not see him? saith the LORD. Do not I fill heaven and earth? saith the LORD. Isa.29:15 Woe unto them that seek deep to hide their counsel from the LORD, and their works are in the dark, and they say, Who seeth us? and who knoweth us? Isa.29:16 Surely your turning of things upside down shall be esteemed as the potter’s clay: for shall the work say of him that made it, He made me not? or shall the thing framed say of him that framed it, He had no understanding? Ezek.8:12 Then said he unto me, Son of man, hast thou seen what the ancients of the house of Israel do in the dark, every man in the chambers of his imagery? for they say, The LORD seeth us not; the LORD hath forsaken the earth. (b) Heb.1:3 Who being the brightness of his glory, and the express image of his person, and upholding all things by the word of his power, when he had by himself purged our sins, sat down on the right hand of the Majesty on high; (c) Jer.5:24 Neither say they in their heart, Let us now fear the LORD our God, that giveth rain, both the former and the latter, in his season: he reserveth unto us the appointed weeks of the harvest. Acts 14:17 Nevertheless he left not himself without witness, in that he did good, and gave us rain from heaven, and fruitful seasons, filling our hearts with food and gladness. (d) John 9:3 Jesus answered, Neither hath this man sinned, nor his parents: but that the works of God should be made manifest in him. (e) Prov.22:2 The rich and poor meet together: the LORD is the maker of them all. (f) Matt.10:20 For it is not ye that speak, but the Spirit of your Father which speaketh in you. Prov.16:33 The lot is cast into the lap; but the whole disposing thereof is of the LORD.

Question 28. What advantage is it to us to know that God has created, and by his providence does still uphold all things?

Answer: That we may be patient in adversity; (a) thankful in prosperity; (b) and that in all things, which may hereafter befall us, we place our firm trust in our faithful God and Father, (c) that nothing shall separate us from his love; (d) since all creatures are so in his hand, that without his will they cannot so much as move. (e)

(a) Rom.5:3 And not only so, but we glory in tribulations also: knowing that tribulation worketh patience; James 1:3 Knowing this, that the trying of your faith worketh patience. Ps.39:9 I was dumb, I opened not my mouth; because thou didst it. Job 1:21 And said, Naked came I out of my mother’s womb, and naked shall I return thither: the LORD gave, and the LORD hath taken away; blessed be the name of the LORD. Job 1:22 In all this Job sinned not, nor charged God foolishly. (b) Deut.8:10 When thou hast eaten and art full, then thou shalt bless the LORD thy God for the good land which he hath given thee. 1 Thess.5:18 In every thing give thanks: for this is the will of God in Christ Jesus concerning you. (c) Ps.55:22 Cast thy burden upon the LORD, and he shall sustain thee: he shall never suffer the righteous to be moved. Rom.5:4 And patience, experience; and experience, hope: (d) Rom.8:38 For I am persuaded, that neither death, nor life, nor angels, nor principalities, nor powers, nor things present, nor things to come, Rom.8:39 Nor height, nor depth, nor any other creature, shall be able to separate us from the love of God, which is in Christ Jesus our Lord. (e) Job 1:12 And the LORD said unto Satan, Behold, all that he hath is in thy power; only upon himself put not forth thine hand. So Satan went forth from the presence of the LORD. Job 2:6 And the LORD said unto Satan, Behold, he is in thine hand; but save his life. Acts 17:28 For in him we live, and move, and have our being; as certain also of your own poets have said, For we are also his offspring. Acts 17:25 Neither is worshipped with men’s hands, as though he needed any thing, seeing he giveth to all life, and breath, and all things; Prov.21:1 The king’s heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will.

Question 29. Why is the Son of God called “Jesus”, that is a Saviour?

Answer: Because he saveth us, and delivereth us from our sins; (a) and likewise, because we ought not to seek, neither can find salvation in any other. (b)

(a) Matt.1:21 And she shall bring forth a son, and thou shalt call his name JESUS: for he shall save his people from their sins. Heb.7:24 But this man, because he continueth ever, hath an unchangeable priesthood. Heb.7:25 Wherefore he is able also to save them to the uttermost that come unto God by him, seeing he ever liveth to make intercession for them. (b) Acts 4:12 Neither is there salvation in any other: for there is none other name under heaven given among men, whereby we must be saved. John 15:4 Abide in me, and I in you. As the branch cannot bear fruit of itself, except it abide in the vine; no more can ye, except ye abide in me. John 15:5 I am the vine, ye are the branches: He that abideth in me, and I in him, the same bringeth forth much fruit: for without me ye can do nothing. 1 Tim.2:5 For there is one God, and one mediator between God and men, the man Christ Jesus; Isa.43:11 I, even I, am the LORD; and beside me there is no saviour. 1 John 5:11 And this is the record, that God hath given to us eternal life, and this life is in his Son.

Question 30. Do such then believe in Jesus the only Saviour, who seek their salvation and welfare of saints, of themselves, or anywhere else?

Answer: They do not; for though they boast of him in words, yet in deeds they deny Jesus the only deliverer and Saviour; (a) for one of these two things must be true, that either Jesus is not a complete Saviour; or that they, who by a true faith receive this Saviour, must find all things in him necessary to their salvation. (b)

(a) 1 Cor.1:13 Is Christ divided? was Paul crucified for you? or were ye baptized in the name of Paul? 1 Cor.1:30 But of him are ye in Christ Jesus, who of God is made unto us wisdom, and righteousness, and sanctification, and redemption: 1 Cor.1:31 That, according as it is written, He that glorieth, let him glory in the Lord. Gal.5:4 Christ is become of no effect unto you, whosoever of you are justified by the law; ye are fallen from grace. (b) Heb.12:2 Looking unto Jesus the author and finisher of our faith; who for the joy that was set before him endured the cross, despising the shame, and is set down at the right hand of the throne of God. Isa.9:6 For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace. Col.1:19 For it pleased the Father that in him should all fulness dwell; Col.1:20 And, having made peace through the blood of his cross, by him to reconcile all things unto himself; by him, I say, whether they be things in earth, or things in heaven. Col.2:10 And ye are complete in him, which is the head of all principality and power: 1 John 1:7 But if we walk in the light, as he is in the light, we have fellowship one with another, and the blood of Jesus Christ his Son cleanseth us from all sin. John 1:16 And of his fulness have all we received, and grace for grace.

 

Question 31. Why is he called “Christ”, that is anointed?

Answer: Because he is ordained of God the Father, and anointed with the Holy Ghost, (a) to be our chief Prophet and Teacher, (b) who has fully revealed to us the secret counsel and will of God concerning our redemption; (c) and to be our only High Priest, (d) who by the one sacrifice of his body, has redeemed us, (e) and makes continual intercession with the Father for us; (f) and also to be our eternal King, who governs us by his word and Spirit, and who defends and preserves us in that salvation, he has purchased for us. (g)

(a) Ps.45:8 All thy garments smell of myrrh, and aloes, and cassia, out of the ivory palaces, whereby they have made thee glad. Heb.1:9 Thou hast loved righteousness, and hated iniquity; therefore God, even thy God, hath anointed thee with the oil of gladness above thy fellows. Isa.61:1 The Spirit of the Lord GOD is upon me; because the LORD hath anointed me to preach good tidings unto the meek; he hath sent me to bind up the brokenhearted, to proclaim liberty to the captives, and the opening of the prison to them that are bound; Luke 4:18 The Spirit of the Lord is upon me, because he hath anointed me to preach the gospel to the poor; he hath sent me to heal the brokenhearted, to preach deliverance to the captives, and recovering of sight to the blind, to set at liberty them that are bruised, (b) Deut.18:15 The LORD thy God will raise up unto thee a Prophet from the midst of thee, of thy brethren, like unto me; unto him ye shall hearken; Acts 3:22 For Moses truly said unto the fathers, A prophet shall the Lord your God raise up unto you of your brethren, like unto me; him shall ye hear in all things whatsoever he shall say unto you. Acts 7:37 This is that Moses, which said unto the children of Israel, A prophet shall the Lord your God raise up unto you of your brethren, like unto me; him shall ye hear. Isa.55:4 Behold, I have given him for a witness to the people, a leader and commander to the people. (c) John 1:18 No man hath seen God at any time; the only begotten Son, which is in the bosom of the Father, he hath declared him. John 15:15 Henceforth I call you not servants; for the servant knoweth not what his lord doeth: but I have called you friends; for all things that I have heard of my Father I have made known unto you. (d) Ps.110:4 The LORD hath sworn, and will not repent, Thou art a priest for ever after the order of Melchizedek. (e) Heb.10:12 But this man, after he had offered one sacrifice for sins for ever, sat down on the right hand of God; Heb.10:14 For by one offering he hath perfected for ever them that are sanctified. Heb.9:12 Neither by the blood of goats and calves, but by his own blood he entered in once into the holy place, having obtained eternal redemption for us. Heb.9:14 How much more shall the blood of Christ, who through the eternal Spirit offered himself without spot to God, purge your conscience from dead works to serve the living God? Heb.9:28 So Christ was once offered to bear the sins of many; and unto them that look for him shall he appear the second time without sin unto salvation. (f) Rom.8:34 Who is he that condemneth? It is Christ that died, yea rather, that is risen again, who is even at the right hand of God, who also maketh intercession for us. Heb.9:24 For Christ is not entered into the holy places made with hands, which are the figures of the true; but into heaven itself, now to appear in the presence of God for us: 1 John 2:1 My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous: Rom.5:9 Much more then, being now justified by his blood, we shall be saved from wrath through him. Rom.5:10 For if, when we were enemies, we were reconciled to God by the death of his Son, much more, being reconciled, we shall be saved by his life. (g) Ps.2:6 Yet have I set my king upon my holy hill of Zion. Zech.9:9 Rejoice greatly, O daughter of Zion; shout, O daughter of Jerusalem: behold, thy King cometh unto thee: he is just, and having salvation; lowly, and riding upon an ass, and upon a colt the foal of an ass. Matt.21:5 Tell ye the daughter of Sion, Behold, thy King cometh unto thee, meek, and sitting upon an ass, and a colt the foal of an ass. Luke 1:33 And he shall reign over the house of Jacob for ever; and of his kingdom there shall be no end. Matt.28:18 And Jesus came and spake unto them, saying, All power is given unto me in heaven and in earth. John 10:28 And I give unto them eternal life; and they shall never perish, neither shall any man pluck them out of my hand. Rev.12:10 And I heard a loud voice saying in heaven, Now is come salvation, and strength, and the kingdom of our God, and the power of his Christ: for the accuser of our brethren is cast down, which accused them before our God day and night. Rev.12:11 And they overcame him by the blood of the Lamb, and by the word of their testimony; and they loved not their lives unto the death.

Question 32. But why art thou called a Christian? (a)

Answer: Because I am a member of Christ by faith, (b) and thus am partaker of his anointing; (c) that so I may confess his name, (d) and present myself a living sacrifice of thankfulness to him: (e) and also that with a free and good conscience I may fight against sin and Satan in this life (f) and afterwards I reign with him eternally, over all creatures. (g)

(a) Acts 11:26 And when he had found him, he brought him unto Antioch. And it came to pass, that a whole year they assembled themselves with the church, and taught much people. And the disciples were called Christians first in Antioch. (b) 1 Cor.6:15 Know ye not that your bodies are the members of Christ? shall I then take the members of Christ, and make them the members of an harlot? God forbid. (c) 1 John 2:27 But the anointing which ye have received of him abideth in you, and ye need not that any man teach you: but as the same anointing teacheth you of all things, and is truth, and is no lie, and even as it hath taught you, ye shall abide in him. Acts 2:17 And it shall come to pass in the last days, saith God, I will pour out of my Spirit upon all flesh: and your sons and your daughters shall prophesy, and your young men shall see visions, and your old men shall dream dreams: (d) Matt.10:32 Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven. Rom.10:10 For with the heart man believeth unto righteousness; and with the mouth confession is made unto salvation. Mark 8:38 Whosoever therefore shall be ashamed of me and of my words in this adulterous and sinful generation; of him also shall the Son of man be ashamed, when he cometh in the glory of his Father with the holy angels. (e) Rom.12:1 I beseech you therefore, brethren, by the mercies of God, that ye present your bodies a living sacrifice, holy, acceptable unto God, which is your reasonable service. 1 Pet.2:5 Ye also, as lively stones, are built up a spiritual house, an holy priesthood, to offer up spiritual sacrifices, acceptable to God by Jesus Christ. 1 Pet.2:9 But ye are a chosen generation, a royal priesthood, an holy nation, a peculiar people; that ye should shew forth the praises of him who hath called you out of darkness into his marvellous light: Rev.5:8 And when he had taken the book, the four beasts and four and twenty elders fell down before the Lamb, having every one of them harps, and golden vials full of odours, which are the prayers of saints. Rev.5:10 And hast made us unto our God kings and priests: and we shall reign on the earth. Rev.1:6 And hath made us kings and priests unto God and his Father; to him be glory and dominion for ever and ever. Amen. (f) 1 Pet.2:11 Dearly beloved, I beseech you as strangers and pilgrims, abstain from fleshly lusts, which war against the soul; Rom.6:12 Let not sin therefore reign in your mortal body, that ye should obey it in the lusts thereof. Rom.6:13 Neither yield ye your members as instruments of unrighteousness unto sin: but yield yourselves unto God, as those that are alive from the dead, and your members as instruments of righteousness unto God. Gal.5:16 This I say then, Walk in the Spirit, and ye shall not fulfil the lust of the flesh. Gal.5:17 For the flesh lusteth against the Spirit, and the Spirit against the flesh: and these are contrary the one to the other: so that ye cannot do the things that ye would. Eph.6:11 Put on the whole armour of God, that ye may be able to stand against the wiles of the devil. 1 Tim.1:18 This charge I commit unto thee, son Timothy, according to the prophecies which went before on thee, that thou by them mightest war a good warfare; 1 Tim.1:19 Holding faith, and a good conscience; which some having put away concerning faith have made shipwreck: (g) 2 Tim.2:12 If we suffer, we shall also reign with him: if we deny him, he also will deny us: Matt.24:34 Verily I say unto you, This generation shall not pass, till all these things be fulfilled.

 

Question 33. Why is Christ called the “only begotten Son” of God, since we are also the children of God?

Answer: Because Christ alone is the eternal and natural Son of God; (a) but we are children adopted of God, by grace, for his sake. (b)

(a) John 1:1 In the beginning was the Word, and the Word was with God, and the Word was God. John 1:2 The same was in the beginning with God. John 1:3 All things were made by him; and without him was not any thing made that was made. John 1:14 And the Word was made flesh, and dwelt among us, (and we beheld his glory, the glory as of the only begotten of the Father,) full of grace and truth. John 1:18 No man hath seen God at any time; the only begotten Son, which is in the bosom of the Father, he hath declared him. Heb.1:1 God, who at sundry times and in divers manners spake in time past unto the fathers by the prophets, Heb.1:2 Hath in these last days spoken unto us by his Son, whom he hath appointed heir of all things, by whom also he made the worlds; John 3:16 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. 1 John 4:9 In this was manifested the love of God toward us, because that God sent his only begotten Son into the world, that we might live through him. Rom.8:32 He that spared not his own Son, but delivered him up for us all, how shall he not with him also freely give us all things? (b) Rom.8:15 For ye have not received the spirit of bondage again to fear; but ye have received the Spirit of adoption, whereby we cry, Abba, Father. Rom.8:16 The Spirit itself beareth witness with our spirit, that we are the children of God: Rom.8:17 And if children, then heirs; heirs of God, and joint-heirs with Christ; if so be that we suffer with him, that we may be also glorified together. John 1:12 But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name: Gal.4:6 And because ye are sons, God hath sent forth the Spirit of his Son into your hearts, crying, Abba, Father. Eph.1:5 Having predestinated us unto the adoption of children by Jesus Christ to himself, according to the good pleasure of his will, Eph.1:6 To the praise of the glory of his grace, wherein he hath made us accepted in the beloved.

Question 34. Wherefore callest thou him “our Lord”?

Answer: Because he hath redeemed us, both soul and body, from all our sins, not with silver or gold, but with his precious blood, and has delivered us from all the power of the devil; and thus has made us his own property. (a)

(a) 1 Pet.1:18 Forasmuch as ye know that ye were not redeemed with corruptible things, as silver and gold, from your vain conversation received by tradition from your fathers; 1 Pet.1:19 But with the precious blood of Christ, as of a lamb without blemish and without spot: 1 Pet.2:9 But ye are a chosen generation, a royal priesthood, an holy nation, a peculiar people; that ye should shew forth the praises of him who hath called you out of darkness into his marvellous light: 1 Cor.6:20 For ye are bought with a price: therefore glorify God in your body, and in your spirit, which are God’s. 1 Cor.7:23 Ye are bought with a price; be not ye the servants of men. 1 Tim.2:6 Who gave himself a ransom for all, to be testified in due time. John 20:28 And Thomas answered and said unto him, My Lord and my God.

 

Question 35. What is the meaning of these words “He was conceived by the Holy Ghost, born of the virgin Mary”?

Answer: That God’s eternal Son, who is, and continues (a) true and eternal God, (b) took upon him the very nature of man, of the flesh and blood of the virgin Mary, (c) by the operation of the Holy Ghost; (d) that he might also be the true seed of David, (e) like unto his brethren in all things, (f) sin excepted. (g)

(a) Rom.1:4 And declared to be the Son of God with power, according to the spirit of holiness, by the resurrection from the dead: Rom.9:5 Whose are the fathers, and of whom as concerning the flesh Christ came, who is over all, God blessed for ever. Amen. (b) 1 John 5:20 And we know that the Son of God is come, and hath given us an understanding, that we may know him that is true, and we are in him that is true, even in his Son Jesus Christ. This is the true God, and eternal life. John 1:1 In the beginning was the Word, and the Word was with God, and the Word was God. John 17:3 And this is life eternal, that they might know thee the only true God, and Jesus Christ, whom thou hast sent. Rom.1:3 Concerning his Son Jesus Christ our Lord, which was made of the seed of David according to the flesh; Col.1:15 Who is the image of the invisible God, the firstborn of every creature: (c) Gal.4:4 But when the fulness of the time was come, God sent forth his Son, made of a woman, made under the law, Luke 1:31 And, behold, thou shalt conceive in thy womb, and bring forth a son, and shalt call his name JESUS. Luke 1:42 And she spake out with a loud voice, and said, Blessed art thou among women, and blessed is the fruit of thy womb. Luke 1:43 And whence is this to me, that the mother of my Lord should come to me? (d) John 1:14 And the Word was made flesh, and dwelt among us, (and we beheld his glory, the glory as of the only begotten of the Father,) full of grace and truth. Matt.1:18 Now the birth of Jesus Christ was on this wise: When as his mother Mary was espoused to Joseph, before they came together, she was found with child of the Holy Ghost. Matt.1:20 But while he thought on these things, behold, the angel of the Lord appeared unto him in a dream, saying, Joseph, thou son of David, fear not to take unto thee Mary thy wife: for that which is conceived in her is of the Holy Ghost. Luke 1:35 And the angel answered and said unto her, The Holy Ghost shall come upon thee, and the power of the Highest shall overshadow thee: therefore also that holy thing which shall be born of thee shall be called the Son of God. (e) Ps.132:11 The LORD hath sworn in truth unto David; he will not turn from it; Of the fruit of thy body will I set upon thy throne. Rom.1:3 Concerning his Son Jesus Christ our Lord, which was made of the seed of David according to the flesh; 2 Sam.7:12 And when thy days be fulfilled, and thou shalt sleep with thy fathers, I will set up thy seed after thee, which shall proceed out of thy bowels, and I will establish his kingdom. Luke 1:32 He shall be great, and shall be called the Son of the Highest: and the Lord God shall give unto him the throne of his father David: Acts 2:30 Therefore being a prophet, and knowing that God had sworn with an oath to him, that of the fruit of his loins, according to the flesh, he would raise up Christ to sit on his throne; (f) Philip.2:7 But made himself of no reputation, and took upon him the form of a servant, and was made in the likeness of men: Heb.2:14 Forasmuch then as the children are partakers of flesh and blood, he also himself likewise took part of the same; that through death he might destroy him that had the power of death, that is, the devil; Heb.2:17 Wherefore in all things it behoved him to be made like unto his brethren, that he might be a merciful and faithful high priest in things pertaining to God, to make reconciliation for the sins of the people. (g) Heb.4:15 For we have not an high priest which cannot be touched with the feeling of our infirmities; but was in all points tempted like as we are, yet without sin.

Question 36. What profit dost thou receive by Christ’s holy conception and nativity?

Answer: That he is our Mediator; (a) and with His innocence and perfect holiness, covers in the sight of God, my sins, wherein I was conceived and brought forth. (b)

(a) Heb.7:26 For such an high priest became us, who is holy, harmless, undefiled, separate from sinners, and made higher than the heavens; Heb.7:27 Who needeth not daily, as those high priests, to offer up sacrifice, first for his own sins, and then for the people’s: for this he did once, when he offered up himself. Heb.2:17 Wherefore in all things it behoved him to be made like unto his brethren, that he might be a merciful and faithful high priest in things pertaining to God, to make reconciliation for the sins of the people. (b) 1 Pet.1:18 Forasmuch as ye know that ye were not redeemed with corruptible things, as silver and gold, from your vain conversation received by tradition from your fathers; 1 Pet.1:19 But with the precious blood of Christ, as of a lamb without blemish and without spot: 1 Pet.3:18 For Christ also hath once suffered for sins, the just for the unjust, that he might bring us to God, being put to death in the flesh, but quickened by the Spirit: 1 Cor.1:30 But of him are ye in Christ Jesus, who of God is made unto us wisdom, and righteousness, and sanctification, and redemption: 1 Cor.1:31 That, according as it is written, He that glorieth, let him glory in the Lord. Rom.8:3 For what the law could not do, in that it was weak through the flesh, God sending his own Son in the likeness of sinful flesh, and for sin, condemned sin in the flesh: Rom.8:4 That the righteousness of the law might be fulfilled in us, who walk not after the flesh, but after the Spirit. Isa.53:11 He shall see of the travail of his soul, and shall be satisfied: by his knowledge shall my righteous servant justify many; for he shall bear their iniquities. Ps.32:1 <<A Psalm of David, Maschil.>> Blessed is he whose transgression is forgiven, whose sin is covered.

 

Question 37. What dost thou understand by the words, “He suffered”?

Answer: That he, all the time that he lived on earth, but especially at the end of his life, sustained in body and soul, the wrath of God against the sins of all mankind: (a) that so by his passion, as the only propitiatory sacrifice, (b) he might redeem our body and soul from everlasting damnation, (c) and obtain for us the favour of God, righteousness and eternal life. (d)

(a) Isa.53:4 Surely he hath borne our griefs, and carried our sorrows: yet we did esteem him stricken, smitten of God, and afflicted. 1 Pet.2:24 Who his own self bare our sins in his own body on the tree, that we, being dead to sins, should live unto righteousness: by whose stripes ye were healed. 1 Pet.3:18 For Christ also hath once suffered for sins, the just for the unjust, that he might bring us to God, being put to death in the flesh, but quickened by the Spirit: 1 Tim.2:6 Who gave himself a ransom for all, to be testified in due time. (b) Isa.53:10 Yet it pleased the LORD to bruise him; he hath put him to grief: when thou shalt make his soul an offering for sin, he shall see his seed, he shall prolong his days, and the pleasure of the LORD shall prosper in his hand. Isa.53:12 Therefore will I divide him a portion with the great, and he shall divide the spoil with the strong; because he hath poured out his soul unto death: and he was numbered with the transgressors; and he bare the sin of many, and made intercession for the transgressors. Eph.5:2 And walk in love, as Christ also hath loved us, and hath given himself for us an offering and a sacrifice to God for a sweetsmelling savour. 1 Cor.5:7 Purge out therefore the old leaven, that ye may be a new lump, as ye are unleavened. For even Christ our passover is sacrificed for us: 1 John 2:2 And he is the propitiation for our sins: and not for ours only, but also for the sins of the whole world. 1 John 4:10 Herein is love, not that we loved God, but that he loved us, and sent his Son to be the propitiation for our sins. Rom.3:25 Whom God hath set forth to be a propitiation through faith in his blood, to declare his righteousness for the remission of sins that are past, through the forbearance of God; Heb.9:28 So Christ was once offered to bear the sins of many; and unto them that look for him shall he appear the second time without sin unto salvation. Heb.10:14 For by one offering he hath perfected for ever them that are sanctified. (c) Gal.3:13 Christ hath redeemed us from the curse of the law, being made a curse for us: for it is written, Cursed is every one that hangeth on a tree: Col.1:13 Who hath delivered us from the power of darkness, and hath translated us into the kingdom of his dear Son: Heb.9:12 Neither by the blood of goats and calves, but by his own blood he entered in once into the holy place, having obtained eternal redemption for us. 1 Pet.1:18 Forasmuch as ye know that ye were not redeemed with corruptible things, as silver and gold, from your vain conversation received by tradition from your fathers; 1 Pet.1:19 But with the precious blood of Christ, as of a lamb without blemish and without spot: (d) Rom.3:25 Whom God hath set forth to be a propitiation through faith in his blood, to declare his righteousness for the remission of sins that are past, through the forbearance of God; 2 Cor.5:21 For he hath made him to be sin for us, who knew no sin; that we might be made the righteousness of God in him. John 3:16 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. John 6:51 I am the living bread which came down from heaven: if any man eat of this bread, he shall live for ever: and the bread that I will give is my flesh, which I will give for the life of the world. Heb.9:15 And for this cause he is the mediator of the new testament, that by means of death, for the redemption of the transgressions that were under the first testament, they which are called might receive the promise of eternal inheritance. Heb.10:19 Having therefore, brethren, boldness to enter into the holiest by the blood of Jesus,

Question 38. Why did he suffer “under Pontius Pilate, as judge”?

Answer: That he, being innocent, and yet condemned by a temporal judge, (a) might thereby free us from the severe judgement of God to which we were exposed. (b)

(a) John 18:38 Pilate saith unto him, What is truth? And when he had said this, he went out again unto the Jews, and saith unto them, I find in him no fault at all. Matt.27:24 When Pilate saw that he could prevail nothing, but that rather a tumult was made, he took water, and washed his hands before the multitude, saying, I am innocent of the blood of this just person: see ye to it. Acts 4:27 For of a truth against thy holy child Jesus, whom thou hast anointed, both Herod, and Pontius Pilate, with the Gentiles, and the people of Israel, were gathered together, Acts 4:28 For to do whatsoever thy hand and thy counsel determined before to be done. Luke 23:14 Said unto them, Ye have brought this man unto me, as one that perverteth the people: and, behold, I, having examined him before you, have found no fault in this man touching those things whereof ye accuse him: Luke 23:15 No, nor yet Herod: for I sent you to him; and, lo, nothing worthy of death is done unto him. John 19:4 Pilate therefore went forth again, and saith unto them, Behold, I bring him forth to you, that ye may know that I find no fault in him. (b) Ps.69:4 They that hate me without a cause are more than the hairs of mine head: they that would destroy me, being mine enemies wrongfully, are mighty: then I restored that which I took not away. Isa.53:4 Surely he hath borne our griefs, and carried our sorrows: yet we did esteem him stricken, smitten of God, and afflicted. Isa.53:5 But he was wounded for our transgressions, he was bruised for our iniquities: the chastisement of our peace was upon him; and with his stripes we are healed. 2 Cor.5:21 For he hath made him to be sin for us, who knew no sin; that we might be made the righteousness of God in him. Gal.3:13 Christ hath redeemed us from the curse of the law, being made a curse for us: for it is written, Cursed is every one that hangeth on a tree:

Question 39. Is there anything more in his being “crucified”, than if he had died some other death?

Answer: Yes there is; for thereby I am assured, that he took on him the curse which lay upon me; (a) for the death of the cross was accursed of God. (b)

(a) Gal.3:13 Christ hath redeemed us from the curse of the law, being made a curse for us: for it is written, Cursed is every one that hangeth on a tree: (b) Deut.21:23 His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the LORD thy God giveth thee for an inheritance.

 

Question 40. Why was it necessary for Christ to humble himself even “unto death”?

Answer: Because with respect to the justice and truth of God, (a) satisfaction for our sins could be made no otherwise, than by the death of the Son of God. (b)

(a) Gen.2:17 But of the tree of the knowledge of good and evil, thou shalt not eat of it: for in the day that thou eatest thereof thou shalt surely die. (b) Rom.8:3 For what the law could not do, in that it was weak through the flesh, God sending his own Son in the likeness of sinful flesh, and for sin, condemned sin in the flesh: Rom.8:4 That the righteousness of the law might be fulfilled in us, who walk not after the flesh, but after the Spirit. Heb.2:9 But we see Jesus, who was made a little lower than the angels for the suffering of death, crowned with glory and honour; that he by the grace of God should taste death for every man. Heb.2:14 Forasmuch then as the children are partakers of flesh and blood, he also himself likewise took part of the same; that through death he might destroy him that had the power of death, that is, the devil; Heb.2:15 And deliver them who through fear of death were all their lifetime subject to bondage.

Question 41. Why was he also “buried”?

Answer: Thereby to prove that he was really dead. (a)

(a) Matt.27:59 And when Joseph had taken the body, he wrapped it in a clean linen cloth, Matt.27:60 And laid it in his own new tomb, which he had hewn out in the rock: and he rolled a great stone to the door of the sepulchre, and departed. Luke 23:52 This man went unto Pilate, and begged the body of Jesus. Luke 23:53 And he took it down, and wrapped it in linen, and laid it in a sepulchre that was hewn in stone, wherein never man before was laid. John 19:38 And after this Joseph of Arimathaea, being a disciple of Jesus, but secretly for fear of the Jews, besought Pilate that he might take away the body of Jesus: and Pilate gave him leave. He came therefore, and took the body of Jesus. John 19:39 And there came also Nicodemus, which at the first came to Jesus by night, and brought a mixture of myrrh and aloes, about an hundred pound weight. John 19:40 Then took they the body of Jesus, and wound it in linen clothes with the spices, as the manner of the Jews is to bury. John 19:41 Now in the place where he was crucified there was a garden; and in the garden a new sepulchre, wherein was never man yet laid. John 19:42 There laid they Jesus therefore because of the Jews’ preparation day; for the sepulchre was nigh at hand. Acts 13:29 And when they had fulfilled all that was written of him, they took him down from the tree, and laid him in a sepulchre.

Question 42. Since then Christ died for us, why must we also die?

Answer: Our death is not a satisfaction for our sins, (a) but only an abolishing of sin, and a passage into eternal life. (b)

(a) Mark 8:37 Or what shall a man give in exchange for his soul? Ps.49:7 None of them can by any means redeem his brother, nor give to God a ransom for him: (b) John 5:24 Verily, verily, I say unto you, He that heareth my word, and believeth on him that sent me, hath everlasting life, and shall not come into condemnation; but is passed from death unto life. Philip.1:23 For I am in a strait betwixt two, having a desire to depart, and to be with Christ; which is far better: Rom.7:24 O wretched man that I am! who shall deliver me from the body of this death?

Question 43. What further benefit do we receive from the sacrifice and death of Christ on the cross?

Answer: That by virtue thereof, our old man is crucified, dead and buried with him; (a) that so the corrupt inclinations of the flesh may no more reign in us; (b) but that we may offer ourselves unto him a sacrifice of thanksgiving. (c)

(a) Rom.6:6 Knowing this, that our old man is crucified with him, that the body of sin might be destroyed, that henceforth we should not serve sin. (b) Rom.6:6 Knowing this, that our old man is crucified with him, that the body of sin might be destroyed, that henceforth we should not serve sin. Rom.6:7 For he that is dead is freed from sin. Rom.6:8 Now if we be dead with Christ, we believe that we shall also live with him: Rom.6:11 Likewise reckon ye also yourselves to be dead indeed unto sin, but alive unto God through Jesus Christ our Lord. Rom.6:12 Let not sin therefore reign in your mortal body, that ye should obey it in the lusts thereof. Col.2:12 Buried with him in baptism, wherein also ye are risen with him through the faith of the operation of God, who hath raised him from the dead. (c) Rom.12:1 I beseech you therefore, brethren, by the mercies of God, that ye present your bodies a living sacrifice, holy, acceptable unto God, which is your reasonable service.

Question 44. Why is there added, “he descended into hell”?

Answer: That in my greatest temptations, I may be assured, and wholly comfort myself in this, that my Lord Jesus Christ, by his inexpressible anguish, pains, terrors, and hellish agonies, in which he was plunged during all his sufferings, (a) but especially on the cross, has delivered me from the anguish and torments of hell. (b)

(a) Ps.18:5 The sorrows of hell compassed me about: the snares of death prevented me. Ps.18:6 In my distress I called upon the LORD, and cried unto my God: he heard my voice out of his temple, and my cry came before him, even into his ears. Ps.116:3 The sorrows of death compassed me, and the pains of hell gat hold upon me: I found trouble and sorrow. Matt.26:38 Then saith he unto them, My soul is exceeding sorrowful, even unto death: tarry ye here, and watch with me. Heb.5:7 Who in the days of his flesh, when he had offered up prayers and supplications with strong crying and tears unto him that was able to save him from death, and was heard in that he feared; Isa.53:10 Yet it pleased the LORD to bruise him; he hath put him to grief: when thou shalt make his soul an offering for sin, he shall see his seed, he shall prolong his days, and the pleasure of the LORD shall prosper in his hand. Matt.27:46 And about the ninth hour Jesus cried with a loud voice, saying, Eli, Eli, lama sabachthani? that is to say, My God, my God, why hast thou forsaken me? (b) Isa.53:5 But he was wounded for our transgressions, he was bruised for our iniquities: the chastisement of our peace was upon him; and with his stripes we are healed.

 

Question 45. What does the “resurrection” of Christ profit us?

Answer: First, by his resurrection he has overcome death, that he might make us partakers of that righteousness which he had purchased for us by his death; (a) secondly, we are also by his power raised up to a new life; (b) and lastly, the resurrection of Christ is a sure pledge of our blessed resurrection. (c)

(a) 1 Cor.15:16 For if the dead rise not, then is not Christ raised: Rom.4:25 Who was delivered for our offences, and was raised again for our justification. 1 Pet.1:3 Blessed be the God and Father of our Lord Jesus Christ, which according to his abundant mercy hath begotten us again unto a lively hope by the resurrection of Jesus Christ from the dead, (b) Rom.6:4 Therefore we are buried with him by baptism into death: that like as Christ was raised up from the dead by the glory of the Father, even so we also should walk in newness of life. Col.3:1 If ye then be risen with Christ, seek those things which are above, where Christ sitteth on the right hand of God. Col.3:3 For ye are dead, and your life is hid with Christ in God. Eph.2:5 Even when we were dead in sins, hath quickened us together with Christ, (by grace ye are saved;) Eph.2:6 And hath raised us up together, and made us sit together in heavenly places in Christ Jesus: (c) 1 Cor.15:12 Now if Christ be preached that he rose from the dead, how say some among you that there is no resurrection of the dead? 1 Cor.15:20 But now is Christ risen from the dead, and become the firstfruits of them that slept. 1 Cor.15:21 For since by man came death, by man came also the resurrection of the dead. Rom.8:11 But if the Spirit of him that raised up Jesus from the dead dwell in you, he that raised up Christ from the dead shall also quicken your mortal bodies by his Spirit that dwelleth in you.

 

Question 46. How dost thou understand these words, “he ascended into heaven”?

Answer: That Christ, in sight of his disciples, was taken up from earth into heaven; (a) and that he continues there for our interest, (b) until he comes again to judge the quick and the dead. (c)

(a) Acts 1:9 And when he had spoken these things, while they beheld, he was taken up; and a cloud received him out of their sight. Matt.26:64 Jesus saith unto him, Thou hast said: nevertheless I say unto you, Hereafter shall ye see the Son of man sitting on the right hand of power, and coming in the clouds of heaven. Mark 16:19 So then after the Lord had spoken unto them, he was received up into heaven, and sat on the right hand of God. Luke 24:51 And it came to pass, while he blessed them, he was parted from them, and carried up into heaven. (b) Heb.7:25 Wherefore he is able also to save them to the uttermost that come unto God by him, seeing he ever liveth to make intercession for them. Heb.4:14 Seeing then that we have a great high priest, that is passed into the heavens, Jesus the Son of God, let us hold fast our profession. Heb.9:24 For Christ is not entered into the holy places made with hands, which are the figures of the true; but into heaven itself, now to appear in the presence of God for us: Rom.8:34 Who is he that condemneth? It is Christ that died, yea rather, that is risen again, who is even at the right hand of God, who also maketh intercession for us. Eph.4:10 He that descended is the same also that ascended up far above all heavens, that he might fill all things.) Col.3:1 If ye then be risen with Christ, seek those things which are above, where Christ sitteth on the right hand of God. (c) Acts 1:11 Which also said, Ye men of Galilee, why stand ye gazing up into heaven? this same Jesus, which is taken up from you into heaven, shall so come in like manner as ye have seen him go into heaven. Matt.24:30 And then shall appear the sign of the Son of man in heaven: and then shall all the tribes of the earth mourn, and they shall see the Son of man coming in the clouds of heaven with power and great glory.

Question 47. Is not Christ then with us even to the end of the world, as he has promised? (a)

Answer: Christ is very man and very God; with respect to his human nature, he is no more on earth; (b) but with respect to his Godhead, majesty, grace and spirit, he is at no time absent from us. (c) (a) Matt.28:20 Teaching them to observe all things whatsoever I have commanded you: and, lo, I am with you alway, even unto the end of the world. Amen. (b) Heb.8:4 For if he were on earth, he should not be a priest, seeing that there are priests that offer gifts according to the law: Matt.26:11 For ye have the poor always with you; but me ye have not always. John 16:28 I came forth from the Father, and am come into the world: again, I leave the world, and go to the Father. John 17:11 And now I am no more in the world, but these are in the world, and I come to thee. Holy Father, keep through thine own name those whom thou hast given me, that they may be one, as we are. Acts 3:21 Whom the heaven must receive until the times of restitution of all things, which God hath spoken by the mouth of all his holy prophets since the world began. (c) John 14:17 Even the Spirit of truth; whom the world cannot receive, because it seeth him not, neither knoweth him: but ye know him; for he dwelleth with you, and shall be in you. John 14:18 I will not leave you comfortless: I will come to you. John 14:19 Yet a little while, and the world seeth me no more; but ye see me: because I live, ye shall live also. John 16:13 Howbeit when he, the Spirit of truth, is come, he will guide you into all truth: for he shall not speak of himself; but whatsoever he shall hear, that shall he speak: and he will shew you things to come. Matt.28:20 Teaching them to observe all things whatsoever I have commanded you: and, lo, I am with you alway, even unto the end of the world. Amen. Eph.4:8 Wherefore he saith, When he ascended up on high, he led captivity captive, and gave gifts unto men. Eph.4:12 For the perfecting of the saints, for the work of the ministry, for the edifying of the body of Christ:

Question 48. But if his human nature is not present, wherever his Godhead is, are not then these two natures in Christ separated from one another?

Answer: Not as all, for since the Godhead is illimitable and omnipresent, (a) it must necessarily follow that the same is beyond the limits of the human nature he assumed, (b) and yet is nevertheless in this human nature, and remains personally united to it.

(a) Acts 7:49 Heaven is my throne, and earth is my footstool: what house will ye build me? saith the Lord: or what is the place of my rest? Jer.23:24 Can any hide himself in secret places that I shall not see him? saith the LORD. Do not I fill heaven and earth? saith the LORD. (b) Col.2:9 For in him dwelleth all the fulness of the Godhead bodily. John 3:13 And no man hath ascended up to heaven, but he that came down from heaven, even the Son of man which is in heaven. John 11:15 And I am glad for your sakes that I was not there, to the intent ye may believe; nevertheless let us go unto him. Matt.28:6 He is not here: for he is risen, as he said. Come, see the place where the Lord lay.

Question 49. Of what advantage to us is Christ’s ascension into heaven?

Answer: First, that he is our advocate in the presence of his Father in heaven; (a) secondly, that we have our flesh in heaven as a sure pledge that he, as the head, will also take up to himself, us, his members; (b) thirdly, that he sends us his Spirit as an earnest, (c) by whose power we “seek the things which are above, where Christ sitteth on the right hand of God, and not things on earth.” (d)

(a) 1 John 2:1 My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous: Rom.8:34 Who is he that condemneth? It is Christ that died, yea rather, that is risen again, who is even at the right hand of God, who also maketh intercession for us. (b) John 14:2 In my Father’s house are many mansions: if it were not so, I would have told you. I go to prepare a place for you. John 17:24 Father, I will that they also, whom thou hast given me, be with me where I am; that they may behold my glory, which thou hast given me: for thou lovedst me before the foundation of the world. John 20:17 Jesus saith unto her, Touch me not; for I am not yet ascended to my Father: but go to my brethren, and say unto them, I ascend unto my Father, and your Father; and to my God, and your God. Eph.2:6 And hath raised us up together, and made us sit together in heavenly places in Christ Jesus: (c) John 14:16 And I will pray the Father, and he shall give you another Comforter, that he may abide with you for ever; John 16:7 Nevertheless I tell you the truth; It is expedient for you that I go away: for if I go not away, the Comforter will not come unto you; but if I depart, I will send him unto you. Acts 2:1 And when the day of Pentecost was fully come, they were all with one accord in one place. Acts 2:2 And suddenly there came a sound from heaven as of a rushing mighty wind, and it filled all the house where they were sitting. Acts 2:3 And there appeared unto them cloven tongues like as of fire, and it sat upon each of them. Acts 2:4 And they were all filled with the Holy Ghost, and began to speak with other tongues, as the Spirit gave them utterance. Acts 2:33 Therefore being by the right hand of God exalted, and having received of the Father the promise of the Holy Ghost, he hath shed forth this, which ye now see and hear. 2 Cor.1:22 Who hath also sealed us, and given the earnest of the Spirit in our hearts. 2 Cor.5:5 Now he that hath wrought us for the selfsame thing is God, who also hath given unto us the earnest of the Spirit. (d) Col.3:1 If ye then be risen with Christ, seek those things which are above, where Christ sitteth on the right hand of God. Philip.3:14 I press toward the mark for the prize of the high calling of God in Christ Jesus.

 

Question 50. Why is it added, “and sitteth at the right hand of God”?

Answer: Because Christ is ascended into heaven for this end, that he might appear as head of his church, (a) by whom the Father governs all things. (b)

(a) Eph.1:20 Which he wrought in Christ, when he raised him from the dead, and set him at his own right hand in the heavenly places, Eph.1:21 Far above all principality, and power, and might, and dominion, and every name that is named, not only in this world, but also in that which is to come: Eph.1:23 Which is his body, the fulness of him that filleth all in all. Col.1:18 And he is the head of the body, the church: who is the beginning, the firstborn from the dead; that in all things he might have the preeminence. (b) Matt.28:18 And Jesus came and spake unto them, saying, All power is given unto me in heaven and in earth. John 5:22 For the Father judgeth no man, but hath committed all judgment unto the Son:

Question 51. What profit is this glory of Christ, our head, unto us?

Answer: First, that by his Holy Spirit he pours out heavenly graces upon us his members; (a) and then that by his power he defends and preserves us against all enemies. (b)

(a) Acts 2:33 Therefore being by the right hand of God exalted, and having received of the Father the promise of the Holy Ghost, he hath shed forth this, which ye now see and hear. Eph.4:8 Wherefore he saith, When he ascended up on high, he led captivity captive, and gave gifts unto men. (b) Ps.2:9 Thou shalt break them with a rod of iron; thou shalt dash them in pieces like a potter’s vessel. Ps.110:1 <<A Psalm of David.>> The LORD said unto my Lord, Sit thou at my right hand, until I make thine enemies thy footstool. Ps.110:2 The LORD shall send the rod of thy strength out of Zion: rule thou in the midst of thine enemies. John 10:28 And I give unto them eternal life; and they shall never perish, neither shall any man pluck them out of my hand. Eph.4:8 Wherefore he saith, When he ascended up on high, he led captivity captive, and gave gifts unto men.

Question 52. What comfort is it to thee that “Christ shall come again to judge the quick and the dead”?

Answer: That in all my sorrows and persecutions, with uplifted head I look for the very same person, who before offered himself for my sake, to the tribunal of God, and has removed all curse from me, to come as judge from heaven: (a) who shall cast all his and my enemies into everlasting condemnation, (b) but shall translate me with all his chosen ones to himself, into heavenly joys and glory. (c)

(a) Luke 21:28 And when these things begin to come to pass, then look up, and lift up your heads; for your redemption draweth nigh. Rom.8:23 And not only they, but ourselves also, which have the firstfruits of the Spirit, even we ourselves groan within ourselves, waiting for the adoption, to wit, the redemption of our body. Philip.3:20 For our conversation is in heaven; from whence also we look for the Saviour, the Lord Jesus Christ: Tit.2:13 Looking for that blessed hope, and the glorious appearing of the great God and our Saviour Jesus Christ; 1 Thess.4:16 For the Lord himself shall descend from heaven with a shout, with the voice of the archangel, and with the trump of God: and the dead in Christ shall rise first: (b) 2 Thess.1:6 Seeing it is a righteous thing with God to recompense tribulation to them that trouble you; 2 Thess.1:8 In flaming fire taking vengeance on them that know not God, and that obey not the gospel of our Lord Jesus Christ: 2 Thess.1:9 Who shall be punished with everlasting destruction from the presence of the Lord, and from the glory of his power; 2 Thess.1:10 When he shall come to be glorified in his saints, and to be admired in all them that believe (because our testimony among you was believed) in that day. Matt.25:41 Then shall he say also unto them on the left hand, Depart from me, ye cursed, into everlasting fire, prepared for the devil and his angels: Matt.25:42 For I was an hungred, and ye gave me no meat: I was thirsty, and ye gave me no drink: Matt.25:43 I was a stranger, and ye took me not in: naked, and ye clothed me not: sick, and in prison, and ye visited me not. (c) Matt.25:34 Then shall the King say unto them on his right hand, Come, ye blessed of my Father, inherit the kingdom prepared for you from the foundation of the world: 2 Thess.1:7 And to you who are troubled rest with us, when the Lord Jesus shall be revealed from heaven with his mighty angels,

Question 53. What dost thou believe concerning the Holy Ghost?

Answer: First, that he is true and coeternal God with the Father and the Son; (a) secondly, that he is also given me, (b) to make me by a true faith, partaker of Christ and all his benefits, (c) that he may comfort me (d) and abide with me for ever. (e)

(a) 1 John 5:7 For there are three that bear record in heaven, the Father, the Word, and the Holy Ghost: and these three are one. Gen.1:2 And the earth was without form, and void; and darkness was upon the face of the deep. And the Spirit of God moved upon the face of the waters. Isa.48:16 Come ye near unto me, hear ye this; I have not spoken in secret from the beginning; from the time that it was, there am I: and now the Lord GOD, and his Spirit, hath sent me. 1 Cor.3:16 Know ye not that ye are the temple of God, and that the Spirit of God dwelleth in you? 1 Cor.6:19 What? know ye not that your body is the temple of the Holy Ghost which is in you, which ye have of God, and ye are not your own? Acts 5:3 But Peter said, Ananias, why hath Satan filled thine heart to lie to the Holy Ghost, and to keep back part of the price of the land? Acts 5:4 Whiles it remained, was it not thine own? and after it was sold, was it not in thine own power? why hast thou conceived this thing in thine heart? thou hast not lied unto men, but unto God. (b) Gal.4:6 And because ye are sons, God hath sent forth the Spirit of his Son into your hearts, crying, Abba, Father. Matt.28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost: Matt.28:20 Teaching them to observe all things whatsoever I have commanded you: and, lo, I am with you alway, even unto the end of the world. Amen. 2 Cor.1:21 Now he which stablisheth us with you in Christ, and hath anointed us, is God; 2 Cor.1:22 Who hath also sealed us, and given the earnest of the Spirit in our hearts. Eph.1:13 In whom ye also trusted, after that ye heard the word of truth, the gospel of your salvation: in whom also after that ye believed, ye were sealed with that holy Spirit of promise, (c) Gal.3:14 That the blessing of Abraham might come on the Gentiles through Jesus Christ; that we might receive the promise of the Spirit through faith. 1 Pet.1:2 Elect according to the foreknowledge of God the Father, through sanctification of the Spirit, unto obedience and sprinkling of the blood of Jesus Christ: Grace unto you, and peace, be multiplied. 1 Cor.6:17 But he that is joined unto the Lord is one spirit. (d) Acts 9:31 Then had the churches rest throughout all Judaea and Galilee and Samaria, and were edified; and walking in the fear of the Lord, and in the comfort of the Holy Ghost, were multiplied. John 15:26 But when the Comforter is come, whom I will send unto you from the Father, even the Spirit of truth, which proceedeth from the Father, he shall testify of me: (e) John 14:16 And I will pray the Father, and he shall give you another Comforter, that he may abide with you for ever; 1 Pet.4:14 If ye be reproached for the name of Christ, happy are ye; for the spirit of glory and of God resteth upon you: on their part he is evil spoken of, but on your part he is glorified.

 

Question 54. What believest thou concerning the “holy catholic church” of Christ?

Answer: That the Son of God (a) from the beginning to the end of the world, (b) gathers, defends, and preserves (c) to himself by his Spirit and word, (d) out of the whole human race, (e) a church chosen to everlasting life, (f) agreeing in true faith; (g) and that I am and forever shall remain, (h) a living member thereof. (i)

(a) Eph.5:26 That he might sanctify and cleanse it with the washing of water by the word, John 10:11 I am the good shepherd: the good shepherd giveth his life for the sheep. Acts 20:28 Take heed therefore unto yourselves, and to all the flock, over the which the Holy Ghost hath made you overseers, to feed the church of God, which he hath purchased with his own blood. Eph.4:11 And he gave some, apostles; and some, prophets; and some, evangelists; and some, pastors and teachers; Eph.4:12 For the perfecting of the saints, for the work of the ministry, for the edifying of the body of Christ: Eph.4:13 Till we all come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect man, unto the measure of the stature of the fulness of Christ: (b) Ps.71:17 O God, thou hast taught me from my youth: and hitherto have I declared thy wondrous works. Ps.71:18 Now also when I am old and grayheaded, O God, forsake me not; until I have shewed thy strength unto this generation, and thy power to every one that is to come. Isa.59:21 As for me, this is my covenant with them, saith the LORD; My spirit that is upon thee, and my words which I have put in thy mouth, shall not depart out of thy mouth, nor out of the mouth of thy seed, nor out of the mouth of thy seed’s seed, saith the LORD, from henceforth and for ever. 1 Cor.11:26 For as often as ye eat this bread, and drink this cup, ye do shew the Lord’s death till he come. (c) Matt.16:18 And I say also unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it. John 10:28 And I give unto them eternal life; and they shall never perish, neither shall any man pluck them out of my hand. John 10:29 My Father, which gave them me, is greater than all; and no man is able to pluck them out of my Father’s hand. John 10:30 I and my Father are one. Ps.129:1 <<A Song of degrees.>> Many a time have they afflicted me from my youth, may Israel now say: Ps.129:2 Many a time have they afflicted me from my youth: yet they have not prevailed against me. Ps.129:3 The plowers plowed upon my back: they made long their furrows. Ps.129:4 The LORD is righteous: he hath cut asunder the cords of the wicked. Ps.129:5 Let them all be confounded and turned back that hate Zion. (d) Isa.59:21 As for me, this is my covenant with them, saith the LORD; My spirit that is upon thee, and my words which I have put in thy mouth, shall not depart out of thy mouth, nor out of the mouth of thy seed, nor out of the mouth of thy seed’s seed, saith the LORD, from henceforth and for ever. Rom.1:16 For I am not ashamed of the gospel of Christ: for it is the power of God unto salvation to every one that believeth; to the Jew first, and also to the Greek. Rom.10:14 How then shall they call on him in whom they have not believed? and how shall they believe in him of whom they have not heard? and how shall they hear without a preacher? Rom.10:15 And how shall they preach, except they be sent? as it is written, How beautiful are the feet of them that preach the gospel of peace, and bring glad tidings of good things! Rom.10:16 But they have not all obeyed the gospel. For Esaias saith, Lord, who hath believed our report? Rom.10:17 So then faith cometh by hearing, and hearing by the word of God. Eph.5:26 That he might sanctify and cleanse it with the washing of water by the word, (e) Gen.26:4 And I will make thy seed to multiply as the stars of heaven, and will give unto thy seed all these countries; and in thy seed shall all the nations of the earth be blessed; Rev.5:9 And they sung a new song, saying, Thou art worthy to take the book, and to open the seals thereof: for thou wast slain, and hast redeemed us to God by thy blood out of every kindred, and tongue, and people, and nation; (f) Rom.8:29 For whom he did foreknow, he also did predestinate to be conformed to the image of his Son, that he might be the firstborn among many brethren. Rom.8:30 Moreover whom he did predestinate, them he also called: and whom he called, them he also justified: and whom he justified, them he also glorified. Eph.1:10 That in the dispensation of the fulness of times he might gather together in one all things in Christ, both which are in heaven, and which are on earth; even in him: Eph.1:11 In whom also we have obtained an inheritance, being predestinated according to the purpose of him who worketh all things after the counsel of his own will: Eph.1:12 That we should be to the praise of his glory, who first trusted in Christ. Eph.1:13 In whom ye also trusted, after that ye heard the word of truth, the gospel of your salvation: in whom also after that ye believed, ye were sealed with that holy Spirit of promise, (g) Acts 2:46 And they, continuing daily with one accord in the temple, and breaking bread from house to house, did eat their meat with gladness and singleness of heart, Eph.4:3 Endeavouring to keep the unity of the Spirit in the bond of peace. Eph.4:4 There is one body, and one Spirit, even as ye are called in one hope of your calling; Eph.4:5 One Lord, one faith, one baptism, Eph.4:6 One God and Father of all, who is above all, and through all, and in you all. (h) Ps.23:6 Surely goodness and mercy shall follow me all the days of my life: and I will dwell in the house of the LORD for ever. 1 Cor.1:8 Who shall also confirm you unto the end, that ye may be blameless in the day of our Lord Jesus Christ. 1 Cor.1:9 God is faithful, by whom ye were called unto the fellowship of his Son Jesus Christ our Lord. John 10:28 And I give unto them eternal life; and they shall never perish, neither shall any man pluck them out of my hand. 1 John 2:19 They went out from us, but they were not of us; for if they had been of us, they would no doubt have continued with us: but they went out, that they might be made manifest that they were not all of us. 1 Pet.1:5 Who are kept by the power of God through faith unto salvation ready to be revealed in the last time. (i) 1 John 3:14 We know that we have passed from death unto life, because we love the brethren. He that loveth not his brother abideth in death. 1 John 3:19 And hereby we know that we are of the truth, and shall assure our hearts before him. 1 John 3:20 For if our heart condemn us, God is greater than our heart, and knoweth all things. 1 John 3:21 Beloved, if our heart condemn us not, then have we confidence toward God. 2 Cor.13:5 Examine yourselves, whether ye be in the faith; prove your own selves. Know ye not your own selves, how that Jesus Christ is in you, except ye be reprobates? Rom.8:10 And if Christ be in you, the body is dead because of sin; but the Spirit is life because of righteousness.

Question 55. What do you understand by “the communion of saints”?

Answer: First, that all and every one, who believes, being members of Christ, are in common, partakers of him, and of all his riches and gifts; (a) secondly, that every one must know it to be his duty, readily and cheerfully to employ his gifts, for the advantage and salvation of other members. (b)

(a) 1 John 1:3 That which we have seen and heard declare we unto you, that ye also may have fellowship with us: and truly our fellowship is with the Father, and with his Son Jesus Christ. 1 Cor.1:9 God is faithful, by whom ye were called unto the fellowship of his Son Jesus Christ our Lord. Rom.8:32 He that spared not his own Son, but delivered him up for us all, how shall he not with him also freely give us all things? 1 Cor.12:12 For as the body is one, and hath many members, and all the members of that one body, being many, are one body: so also is Christ. 1 Cor.12:13 For by one Spirit are we all baptized into one body, whether we be Jews or Gentiles, whether we be bond or free; and have been all made to drink into one Spirit. 1 Cor.6:17 But he that is joined unto the Lord is one spirit. (b) 1 Cor.12:21 And the eye cannot say unto the hand, I have no need of thee: nor again the head to the feet, I have no need of you. 1 Cor.13:1 Though I speak with the tongues of men and of angels, and have not charity, I am become as sounding brass, or a tinkling cymbal. 1 Cor.13:5 Doth not behave itself unseemly, seeketh not her own, is not easily provoked, thinketh no evil; Philip.2:4 Look not every man on his own things, but every man also on the things of others. Philip.2:5 Let this mind be in you, which was also in Christ Jesus: Philip.2:6 Who, being in the form of God, thought it not robbery to be equal with God: Philip.2:7 But made himself of no reputation, and took upon him the form of a servant, and was made in the likeness of men: Philip.2:8 And being found in fashion as a man, he humbled himself, and became obedient unto death, even the death of the cross.

Question 56. What believest thou concerning “the forgiveness of sins”?

Answer: That God, for the sake of Christ’s satisfaction, will no more remember my sins, neither my corrupt nature, against which I have to struggle all my life long; (a) but will graciously impute to me the righteousness of Christ, (b) that I may never be condemned before the tribunal of God. (c)

(a) 1 John 2:2 And he is the propitiation for our sins: and not for ours only, but also for the sins of the whole world. 1 John 1:7 But if we walk in the light, as he is in the light, we have fellowship one with another, and the blood of Jesus Christ his Son cleanseth us from all sin. 2 Cor.5:19 To wit, that God was in Christ, reconciling the world unto himself, not imputing their trespasses unto them; and hath committed unto us the word of reconciliation. 2 Cor.5:21 For he hath made him to be sin for us, who knew no sin; that we might be made the righteousness of God in him. (b) Jer.31:34 And they shall teach no more every man his neighbour, and every man his brother, saying, Know the LORD: for they shall all know me, from the least of them unto the greatest of them, saith the LORD: for I will forgive their iniquity, and I will remember their sin no more. Ps.103:3 Who forgiveth all thine iniquities; who healeth all thy diseases; Ps.103:4 Who redeemeth thy life from destruction; who crowneth thee with lovingkindness and tender mercies; Ps.103:10 He hath not dealt with us after our sins; nor rewarded us according to our iniquities. Ps.103:12 As far as the east is from the west, so far hath he removed our transgressions from us. Mic.7:19 He will turn again, he will have compassion upon us; he will subdue our iniquities; and thou wilt cast all their sins into the depths of the sea. Rom.7:23 But I see another law in my members, warring against the law of my mind, and bringing me into captivity to the law of sin which is in my members. Rom.7:24 O wretched man that I am! who shall deliver me from the body of this death? Rom.7:25 I thank God through Jesus Christ our Lord. So then with the mind I myself serve the law of God; but with the flesh the law of sin. (c) Rom.8:1 There is therefore now no condemnation to them which are in Christ Jesus, who walk not after the flesh, but after the Spirit. Rom.8:2 For the law of the Spirit of life in Christ Jesus hath made me free from the law of sin and death. Rom.8:3 For what the law could not do, in that it was weak through the flesh, God sending his own Son in the likeness of sinful flesh, and for sin, condemned sin in the flesh: Rom.8:4 That the righteousness of the law might be fulfilled in us, who walk not after the flesh, but after the Spirit. John 3:18 He that believeth on him is not condemned: but he that believeth not is condemned already, because he hath not believed in the name of the only begotten Son of God. John 5:24 Verily, verily, I say unto you, He that heareth my word, and believeth on him that sent me, hath everlasting life, and shall not come into condemnation; but is passed from death unto life.

 

Question 57. What comfort does the “resurrection of the body” afford thee?

Answer: That not only my soul after this life shall be immediately taken up to Christ its head; (a) but also, that this my body, being raised by the power of Christ, shall be reunited with my soul, and made like unto the glorious body of Christ. (b)

(a) Luke 16:22 And it came to pass, that the beggar died, and was carried by the angels into Abraham’s bosom: the rich man also died, and was buried; Luke 23:43 And Jesus said unto him, Verily I say unto thee, To day shalt thou be with me in paradise. Philip.1:21 For to me to live is Christ, and to die is gain. Philip.1:23 For I am in a strait betwixt two, having a desire to depart, and to be with Christ; which is far better: (b) 1 Cor.15:53 For this corruptible must put on incorruption, and this mortal must put on immortality. 1 Cor.15:54 So when this corruptible shall have put on incorruption, and this mortal shall have put on immortality, then shall be brought to pass the saying that is written, Death is swallowed up in victory. Job 19:25 For I know that my redeemer liveth, and that he shall stand at the latter day upon the earth: Job 19:26 And though after my skin worms destroy this body, yet in my flesh shall I see God: 1 John 3:2 Beloved, now are we the sons of God, and it doth not yet appear what we shall be: but we know that, when he shall appear, we shall be like him; for we shall see him as he is. Philip.3:21 Who shall change our vile body, that it may be fashioned like unto his glorious body, according to the working whereby he is able even to subdue all things unto himself.

Question 58. What comfort takest thou from the article of “life everlasting”?

Answer: That since I now feel in my heart the beginning of eternal joy, (a) after this life, I shall inherit perfect salvation, which “eye has not seen, nor ear heard, neither has it entered into the heart of man” to conceive, and that to praise God therein for ever. (b)

(a) 2 Cor.5:2 For in this we groan, earnestly desiring to be clothed upon with our house which is from heaven: 2 Cor.5:3 If so be that being clothed we shall not be found naked. (b) 1 Cor.2:9 But as it is written, Eye hath not seen, nor ear heard, neither have entered into the heart of man, the things which God hath prepared for them that love him. John 17:3 And this is life eternal, that they might know thee the only true God, and Jesus Christ, whom thou hast sent.

 

Question 59. But what does it profit thee now that thou believest all this?

Answer: That I am righteous in Christ, before God, and an heir of eternal life. (a)

(a) Hab.2:4 Behold, his soul which is lifted up is not upright in him: but the just shall live by his faith. Rom.1:17 For therein is the righteousness of God revealed from faith to faith: as it is written, The just shall live by faith. John 3:36 He that believeth on the Son hath everlasting life: and he that believeth not the Son shall not see life; but the wrath of God abideth on him.

Question 60. How are thou righteous before God?

Answer: Only by a true faith in Jesus Christ; (a) so that, though my conscience accuse me, that I have grossly transgressed all the commandments of God, and kept none of them, (b) and am still inclined to all evil; (c) notwithstanding, God, without any merit of mine, (d) but only of mere grace, (e) grants and imputes to me, (f) the perfect satisfaction, (g) righteousness and holiness of Christ; (h) even so, as if I never had had, nor committed any sin: yea, as if I had fully accomplished all that obedience which Christ has accomplished for me; (i) inasmuch as I embrace such benefit with a believing heart. (j)

(a) Rom.3:21 But now the righteousness of God without the law is manifested, being witnessed by the law and the prophets; Rom.3:22 Even the righteousness of God which is by faith of Jesus Christ unto all and upon all them that believe: for there is no difference: Rom.3:23 For all have sinned, and come short of the glory of God; Rom.3:24 Being justified freely by his grace through the redemption that is in Christ Jesus: Rom.3:25 Whom God hath set forth to be a propitiation through faith in his blood, to declare his righteousness for the remission of sins that are past, through the forbearance of God; Rom.3:28 Therefore we conclude that a man is justified by faith without the deeds of the law. Rom.5:1 Therefore being justified by faith, we have peace with God through our Lord Jesus Christ: Rom.5:2 By whom also we have access by faith into this grace wherein we stand, and rejoice in hope of the glory of God. Gal.2:16 Knowing that a man is not justified by the works of the law, but by the faith of Jesus Christ, even we have believed in Jesus Christ, that we might be justified by the faith of Christ, and not by the works of the law: for by the works of the law shall no flesh be justified. Eph.2:8 For by grace are ye saved through faith; and that not of yourselves: it is the gift of God: Eph.2:9 Not of works, lest any man should boast. Philip.3:9 And be found in him, not having mine own righteousness, which is of the law, but that which is through the faith of Christ, the righteousness which is of God by faith: (b) Rom.3:9 What then? are we better than they? No, in no wise: for we have before proved both Jews and Gentiles, that they are all under sin; (c) Rom.7:23 But I see another law in my members, warring against the law of my mind, and bringing me into captivity to the law of sin which is in my members. (d) Tit.3:5 Not by works of righteousness which we have done, but according to his mercy he saved us, by the washing of regeneration, and renewing of the Holy Ghost; Deut.9:6 Understand therefore, that the LORD thy God giveth thee not this good land to possess it for thy righteousness; for thou art a stiffnecked people. Ezek.36:22 Therefore say unto the house of Israel, Thus saith the Lord GOD; I do not this for your sakes, O house of Israel, but for mine holy name’s sake, which ye have profaned among the heathen, whither ye went. (e) Rom.3:24 Being justified freely by his grace through the redemption that is in Christ Jesus: Eph.2:8 For by grace are ye saved through faith; and that not of yourselves: it is the gift of God: (f) Rom.4:4 Now to him that worketh is the reward not reckoned of grace, but of debt. Rom.4:5 But to him that worketh not, but believeth on him that justifieth the ungodly, his faith is counted for righteousness. 2 Cor.5:19 To wit, that God was in Christ, reconciling the world unto himself, not imputing their trespasses unto them; and hath committed unto us the word of reconciliation. (g) 1 John 2:2 And he is the propitiation for our sins: and not for ours only, but also for the sins of the whole world. (h) 1 John 2:1 My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous: (i) 2 Cor.5:21 For he hath made him to be sin for us, who knew no sin; that we might be made the righteousness of God in him. (j) Rom.3:22 Even the righteousness of God which is by faith of Jesus Christ unto all and upon all them that believe: for there is no difference: John 3:18 He that believeth on him is not condemned: but he that believeth not is condemned already, because he hath not believed in the name of the only begotten Son of God.

Question 61. Why sayest thou, that thou art righteous by faith only?

Answer: Not that I am acceptable to God, on account of the worthiness of my faith; but because only the satisfaction, righteousness, and holiness of Christ, is my righteousness before God; (a) and that I cannot receive and apply the same to myself any other way than by faith only. (b)

(a) 1 Cor.1:30 But of him are ye in Christ Jesus, who of God is made unto us wisdom, and righteousness, and sanctification, and redemption: 1 Cor.2:2 For I determined not to know any thing among you, save Jesus Christ, and him crucified. (b) 1 John 5:10 He that believeth on the Son of God hath the witness in himself: he that believeth not God hath made him a liar; because he believeth not the record that God gave of his Son.

 

Question 62. But why cannot our good works be the whole, or part of our righteousness before God?

Answer: Because, that the righteousness, which can be approved of before the tribunal of God, must be absolutely perfect, (a) and in all respects conformable to the divine law; and also, that our best works in this life are all imperfect and defiled with sin. (b)

(a) Gal.3:10 For as many as are of the works of the law are under the curse: for it is written, Cursed is every one that continueth not in all things which are written in the book of the law to do them. Deut.27:26 Cursed be he that confirmeth not all the words of this law to do them. And all the people shall say, Amen. (b) Isa.64:6 But we are all as an unclean thing, and all our righteousnesses are as filthy rags; and we all do fade as a leaf; and our iniquities, like the wind, have taken us away.

Question 63. What! do not our good works merit, which yet God will reward in this and in a future life?

Answer: This reward is not of merit, but of grace. (a)

(a) Luke 17:10 So likewise ye, when ye shall have done all those things which are commanded you, say, We are unprofitable servants: we have done that which was our duty to do.

Question 64. But does not this doctrine make men careless and profane?

Answer: By no means: for it is impossible that those, who are implanted into Christ by a true faith, should not bring forth fruits of thankfulness. (a)

(a) Matt.7:18 A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit. John 15:5 I am the vine, ye are the branches: He that abideth in me, and I in him, the same bringeth forth much fruit: for without me ye can do nothing.

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Question 65. Since then we are made partakers of Christ and all his benefits by faith only, whence does this faith proceed?

Answer: From the Holy Ghost, (a) who works faith in our hearts by the preaching of the gospel, and confirms it by the use of the sacraments. (b)

(a) Eph.2:8 For by grace are ye saved through faith; and that not of yourselves: it is the gift of God: Eph.2:9 Not of works, lest any man should boast. Eph.6:23 Peace be to the brethren, and love with faith, from God the Father and the Lord Jesus Christ. John 3:5 Jesus answered, Verily, verily, I say unto thee, Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God. Philip.1:29 For unto you it is given in the behalf of Christ, not only to believe on him, but also to suffer for his sake; (b) Matt.28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost: Matt.28:20 Teaching them to observe all things whatsoever I have commanded you: and, lo, I am with you alway, even unto the end of the world. Amen. 1 Pet.1:22 Seeing ye have purified your souls in obeying the truth through the Spirit unto unfeigned love of the brethren, see that ye love one another with a pure heart fervently: 1 Pet.1:23 Being born again, not of corruptible seed, but of incorruptible, by the word of God, which liveth and abideth for ever.

Question 66. What are the sacraments?

Answer: The sacraments are holy visible signs and seals, appointed of God for this end, that by the use thereof, he may the more fully declare and seal to us the promise of the gospel, viz., that he grants us freely the remission of sin, and life eternal, for the sake of that one sacrifice of Christ, accomplished on the cross. (a)

(a) Gen.17:11 And ye shall circumcise the flesh of your foreskin; and it shall be a token of the covenant betwixt me and you. Rom.4:11 And he received the sign of circumcision, a seal of the righteousness of the faith which he had yet being uncircumcised: that he might be the father of all them that believe, though they be not circumcised; that righteousness might be imputed unto them also: Deut.30:6 And the LORD thy God will circumcise thine heart, and the heart of thy seed, to love the LORD thy God with all thine heart, and with all thy soul, that thou mayest live. Lev.6:25 Speak unto Aaron and to his sons, saying, This is the law of the sin offering: In the place where the burnt offering is killed shall the sin offering be killed before the LORD: it is most holy. Heb.9:7 But into the second went the high priest alone once every year, not without blood, which he offered for himself, and for the errors of the people: Heb.9:8 The Holy Ghost this signifying, that the way into the holiest of all was not yet made manifest, while as the first tabernacle was yet standing: Heb.9:9 Which was a figure for the time then present, in which were offered both gifts and sacrifices, that could not make him that did the service perfect, as pertaining to the conscience; Heb.9:24 For Christ is not entered into the holy places made with hands, which are the figures of the true; but into heaven itself, now to appear in the presence of God for us: Ezek.20:12 Moreover also I gave them my sabbaths, to be a sign between me and them, that they might know that I am the LORD that sanctify them. Isa.6:6 Then flew one of the seraphims unto me, having a live coal in his hand, which he had taken with the tongs from off the altar: Isa.6:7 And he laid it upon my mouth, and said, Lo, this hath touched thy lips; and thine iniquity is taken away, and thy sin purged. Isa.54:9 For this is as the waters of Noah unto me: for as I have sworn that the waters of Noah should no more go over the earth; so have I sworn that I would not be wroth with thee, nor rebuke thee.

Question 67. Are both word and sacraments, then, ordained and appointed for this end, that they may direct our faith to the sacrifice of Jesus Christ on the cross, as the only ground of our salvation? (a)

Answer: Yes, indeed: for the Holy Ghost teaches us in the gospel, and assures us by the sacraments, that the whole of our salvation depends upon that one sacrifice of Christ which he offered for us on the cross.

(a) Rom.6:3 Know ye not, that so many of us as were baptized into Jesus Christ were baptized into his death? Gal.3:27 For as many of you as have been baptized into Christ have put on Christ.

Question 68. How many sacraments has Christ instituted in the new covenant, or testament?

Answer: Two: namely, holy baptism, and the holy supper.

Question 69. How art thou admonished and assured by holy baptism, that the one sacrifice of Christ upon the cross is of real advantage to thee?

Answer: Thus: That Christ appointed this external washing with water, (a) adding thereto this promise, (b) that I am as certainly washed by his blood and Spirit from all the pollution of my soul, that is, from all my sins, (c) as I am washed externally with water, by which the filthiness of the body is commonly washed away.

(a) Matt.28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost: (b) Matt.28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost: Acts 2:38 Then Peter said unto them, Repent, and be baptized every one of you in the name of Jesus Christ for the remission of sins, and ye shall receive the gift of the Holy Ghost. Matt.3:11 I indeed baptize you with water unto repentance: but he that cometh after me is mightier than I, whose shoes I am not worthy to bear: he shall baptize you with the Holy Ghost, and with fire: Mark 16:16 He that believeth and is baptized shall be saved; but he that believeth not shall be damned. John 1:33 And I knew him not: but he that sent me to baptize with water, the same said unto me, Upon whom thou shalt see the Spirit descending, and remaining on him, the same is he which baptizeth with the Holy Ghost. Rom.6:3 Know ye not, that so many of us as were baptized into Jesus Christ were baptized into his death? Rom.6:4 Therefore we are buried with him by baptism into death: that like as Christ was raised up from the dead by the glory of the Father, even so we also should walk in newness of life. (c) 1 Pet.3:21 The like figure whereunto even baptism doth also now save us (not the putting away of the filth of the flesh, but the answer of a good conscience toward God,) by the resurrection of Jesus Christ: Mark 1:4 John did baptize in the wilderness, and preach the baptism of repentance for the remission of sins. Luke 3:3 And he came into all the country about Jordan, preaching the baptism of repentance for the remission of sins;

Question 70. What is it to be washed with the blood and Spirit of Christ?

Answer: It is to receive of God the remission of sins, freely, for the sake of Christ’s blood, which he shed for us by his sacrifice upon the cross; (a) and also to be renewed by the Holy Ghost, and sanctified to be members of Christ, that so we may more and more die unto sin, and lead holy and unblamable lives. (b)

(a) Heb.12:24 And to Jesus the mediator of the new covenant, and to the blood of sprinkling, that speaketh better things than that of Abel. 1 Pet.1:2 Elect according to the foreknowledge of God the Father, through sanctification of the Spirit, unto obedience and sprinkling of the blood of Jesus Christ: Grace unto you, and peace, be multiplied. Rev.1:5 And from Jesus Christ, who is the faithful witness, and the first begotten of the dead, and the prince of the kings of the earth. Unto him that loved us, and washed us from our sins in his own blood, Rev.7:14 And I said unto him, Sir, thou knowest. And he said to me, These are they which came out of great tribulation, and have washed their robes, and made them white in the blood of the Lamb. Zech.13:1 In that day there shall be a fountain opened to the house of David and to the inhabitants of Jerusalem for sin and for uncleanness. Ezek.36:25 Then will I sprinkle clean water upon you, and ye shall be clean: from all your filthiness, and from all your idols, will I cleanse you. (b) John 1:33 And I knew him not: but he that sent me to baptize with water, the same said unto me, Upon whom thou shalt see the Spirit descending, and remaining on him, the same is he which baptizeth with the Holy Ghost. John 3:5 Jesus answered, Verily, verily, I say unto thee, Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God. 1 Cor.6:11 And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God. 1 Cor.12:13 For by one Spirit are we all baptized into one body, whether we be Jews or Gentiles, whether we be bond or free; and have been all made to drink into one Spirit. Rom.6:4 Therefore we are buried with him by baptism into death: that like as Christ was raised up from the dead by the glory of the Father, even so we also should walk in newness of life. Col.2:12 Buried with him in baptism, wherein also ye are risen with him through the faith of the operation of God, who hath raised him from the dead.

Question 71. Where has Christ promised us, that he will as certainly wash us by his blood and Spirit, as we are washed with the water of baptism?

Answer: In the institution of baptism, which is thus expressed: “Go ye, therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost”, Matt.28:19. And “he that believeth, and is baptized, shall be saved; but he that believeth not, shall be damned.”, Mark 16:16. This promise is also repeated, where the scripture calls baptism “the washing of regenerations” and the washing away of sins. Tit.3:5, Acts 22:16. (a)

(a) Tit.3:5 Not by works of righteousness which we have done, but according to his mercy he saved us, by the washing of regeneration, and renewing of the Holy Ghost; Acts 22:16 And now why tarriest thou? arise, and be baptized, and wash away thy sins, calling on the name of the Lord.

 

Question 72. Is then the external baptism with water the washing away of sin itself?

Answer: Not at all: (a) for the blood of Jesus Christ only, and the Holy Ghost cleanse us from all sin. (b)

(a) Matt.3:11 I indeed baptize you with water unto repentance: but he that cometh after me is mightier than I, whose shoes I am not worthy to bear: he shall baptize you with the Holy Ghost, and with fire: 1 Pet.3:21 The like figure whereunto even baptism doth also now save us (not the putting away of the filth of the flesh, but the answer of a good conscience toward God,) by the resurrection of Jesus Christ: Eph.5:26 That he might sanctify and cleanse it with the washing of water by the word, Eph.5:27 That he might present it to himself a glorious church, not having spot, or wrinkle, or any such thing; but that it should be holy and without blemish. (b) 1 John 1:7 But if we walk in the light, as he is in the light, we have fellowship one with another, and the blood of Jesus Christ his Son cleanseth us from all sin. 1 Cor.6:11 And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God.

Question 73. Why then does the Holy Ghost call baptism “the washing of regeneration,” and “the washing away of sins”?

Answer: God speaks thus not without great cause, to-wit, not only thereby to teach us, that as the filth of the body is purged away by water, so our sins are removed by the blood and Spirit of Jesus Christ; (a) but especially that by this divine pledge and sign he may assure us, that we are spiritually cleansed from our sins as really, as we are externally washed with water. (b)

(a) Rev.1:5 And from Jesus Christ, who is the faithful witness, and the first begotten of the dead, and the prince of the kings of the earth. Unto him that loved us, and washed us from our sins in his own blood, Rev.7:14 And I said unto him, Sir, thou knowest. And he said to me, These are they which came out of great tribulation, and have washed their robes, and made them white in the blood of the Lamb. 1 Cor.6:11 And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God. (b) Mark 16:16 He that believeth and is baptized shall be saved; but he that believeth not shall be damned. Gal.3:27 For as many of you as have been baptized into Christ have put on Christ.

Question 74. Are infants also to be baptized?

Answer: Yes: for since they, as well as the adult, are included in the covenant and church of God; (a) and since redemption from sin (b) by the blood of Christ, and the Holy Ghost, the author of faith, is promised to them no less than to the adult; (c) they must therefore by baptism, as a sign of the covenant, be also admitted into the christian church; and be distinguished from the children of unbelievers (d) as was done in the old covenant or testament by circumcision, (e) instead of which baptism is instituted (f) in the new covenant.

(a) Gen.17:7 And I will establish my covenant between me and thee and thy seed after thee in their generations for an everlasting covenant, to be a God unto thee, and to thy seed after thee. (b) Matt.19:14 But Jesus said, Suffer little children, and forbid them not, to come unto me: for of such is the kingdom of heaven. (c) Luke 1:15 For he shall be great in the sight of the Lord, and shall drink neither wine nor strong drink; and he shall be filled with the Holy Ghost, even from his mother’s womb. Ps.22:10 I was cast upon thee from the womb: thou art my God from my mother’s belly. Isa.44:1 Yet now hear, O Jacob my servant; and Israel, whom I have chosen: Isa.44:2 Thus saith the LORD that made thee, and formed thee from the womb, which will help thee; Fear not, O Jacob, my servant; and thou, Jesurun, whom I have chosen. Isa.44:3 For I will pour water upon him that is thirsty, and floods upon the dry ground: I will pour my spirit upon thy seed, and my blessing upon thine offspring: Acts 2:39 For the promise is unto you, and to your children, and to all that are afar off, even as many as the Lord our God shall call. (d) Acts 10:47 Can any man forbid water, that these should not be baptized, which have received the Holy Ghost as well as we? (e) Gen.17:14 And the uncircumcised man child whose flesh of his foreskin is not circumcised, that soul shall be cut off from his people; he hath broken my covenant. (f) Col.2:11 In whom also ye are circumcised with the circumcision made without hands, in putting off the body of the sins of the flesh by the circumcision of Christ: Col.2:12 Buried with him in baptism, wherein also ye are risen with him through the faith of the operation of God, who hath raised him from the dead. Col.2:13 And you, being dead in your sins and the uncircumcision of your flesh, hath he quickened together with him, having forgiven you all trespasses;

Question 75. How art thou admonished and assured in the Lord’s Supper, that thou art a partaker of that one sacrifice of Christ, accomplished on the cross, and of all his benefits?

Answer: Thus: That Christ has commanded me and all believers, to eat of this broken bread, and to drink of this cup, in remembrance of him, adding these promises: (a) first, that his body was offered and broken on the cross for me, and his blood shed for me, as certainly as I see with my eyes, the bread of the Lord broken for me, and the cup communicated to me; and further, that he feeds and nourishes my soul to everlasting life, with his crucified body and shed blood, as assuredly as I receive from the hands of the minister, and taste with my mouth the bread and cup of the Lord, as certain signs of the body and blood of Christ.

(a) Matt.26:26 And as they were eating, Jesus took bread, and blessed it, and brake it, and gave it to the disciples, and said, Take, eat; this is my body. Matt.26:27 And he took the cup, and gave thanks, and gave it to them, saying, Drink ye all of it; Matt.26:28 For this is my blood of the new testament, which is shed for many for the remission of sins. Mark 14:22 And as they did eat, Jesus took bread, and blessed, and brake it, and gave to them, and said, Take, eat: this is my body. Mark 14:23 And he took the cup, and when he had given thanks, he gave it to them: and they all drank of it. Mark 14:24 And he said unto them, This is my blood of the new testament, which is shed for many. Luke 22:19 And he took bread, and gave thanks, and brake it, and gave unto them, saying, This is my body which is given for you: this do in remembrance of me. Luke 22:20 Likewise also the cup after supper, saying, This cup is the new testament in my blood, which is shed for you. 1 Cor.10:16 The cup of blessing which we bless, is it not the communion of the blood of Christ? The bread which we break, is it not the communion of the body of Christ? 1 Cor.10:17 For we being many are one bread, and one body: for we are all partakers of that one bread. 1 Cor.11:23 For I have received of the Lord that which also I delivered unto you, That the Lord Jesus the same night in which he was betrayed took bread: 1 Cor.11:24 And when he had given thanks, he brake it, and said, Take, eat: this is my body, which is broken for you: this do in remembrance of me. 1 Cor.11:25 After the same manner also he took the cup, when he had supped, saying, This cup is the new testament in my blood: this do ye, as oft as ye drink it, in remembrance of me. 1 Cor.12:13 For by one Spirit are we all baptized into one body, whether we be Jews or Gentiles, whether we be bond or free; and have been all made to drink into one Spirit.

Question 76. What is it then to eat the crucified body, and drink the shed blood of Christ?

Answer: It is not only to embrace with believing heart all the sufferings and death of Christ and thereby to obtain the pardon of sin, and life eternal; (a) but also, besides that, to become more and more united to his sacred body, (b) by the Holy Ghost, who dwells both in Christ and in us; so that we, though Christ is in heaven (c) and we on earth, are notwithstanding “flesh of his flesh and bone of his bone” (d) and that we live, and are governed forever by one spirit, (e) as members of the same body are by one soul.

(a) John 6:35 And Jesus said unto them, I am the bread of life: he that cometh to me shall never hunger; and he that believeth on me shall never thirst. John 6:40 And this is the will of him that sent me, that every one which seeth the Son, and believeth on him, may have everlasting life: and I will raise him up at the last day. John 6:47 Verily, verily, I say unto you, He that believeth on me hath everlasting life. John 6:48 I am that bread of life. John 6:49 Your fathers did eat manna in the wilderness, and are dead. John 6:50 This is the bread which cometh down from heaven, that a man may eat thereof, and not die. John 6:51 I am the living bread which came down from heaven: if any man eat of this bread, he shall live for ever: and the bread that I will give is my flesh, which I will give for the life of the world. John 6:52 The Jews therefore strove among themselves, saying, How can this man give us his flesh to eat? John 6:53 Then Jesus said unto them, Verily, verily, I say unto you, Except ye eat the flesh of the Son of man, and drink his blood, ye have no life in you. John 6:54 Whoso eateth my flesh, and drinketh my blood, hath eternal life; and I will raise him up at the last day. (b) John 6:55 For my flesh is meat indeed, and my blood is drink indeed. John 6:56 He that eateth my flesh, and drinketh my blood, dwelleth in me, and I in him. (c) Col.3:1 If ye then be risen with Christ, seek those things which are above, where Christ sitteth on the right hand of God. Acts 3:21 Whom the heaven must receive until the times of restitution of all things, which God hath spoken by the mouth of all his holy prophets since the world began. 1 Cor.11:26 For as often as ye eat this bread, and drink this cup, ye do shew the Lord’s death till he come. (d) Eph.3:16 That he would grant you, according to the riches of his glory, to be strengthened with might by his Spirit in the inner man; Eph.5:29 For no man ever yet hated his own flesh; but nourisheth and cherisheth it, even as the Lord the church: Eph.5:30 For we are members of his body, of his flesh, and of his bones. Eph.5:32 This is a great mystery: but I speak concerning Christ and the church. 1 Cor.6:15 Know ye not that your bodies are the members of Christ? shall I then take the members of Christ, and make them the members of an harlot? God forbid. 1 Cor.6:17 But he that is joined unto the Lord is one spirit. 1 Cor.6:19 What? know ye not that your body is the temple of the Holy Ghost which is in you, which ye have of God, and ye are not your own? 1 John 3:24 And he that keepeth his commandments dwelleth in him, and he in him. And hereby we know that he abideth in us, by the Spirit which he hath given us. 1 John 4:13 Hereby know we that we dwell in him, and he in us, because he hath given us of his Spirit. John 14:23 Jesus answered and said unto him, If a man love me, he will keep my words: and my Father will love him, and we will come unto him, and make our abode with him. (e) John 6:56 He that eateth my flesh, and drinketh my blood, dwelleth in me, and I in him. John 6:57 As the living Father hath sent me, and I live by the Father: so he that eateth me, even he shall live by me. John 6:58 This is that bread which came down from heaven: not as your fathers did eat manna, and are dead: he that eateth of this bread shall live for ever. John 15:1 I am the true vine, and my Father is the husbandman. John 15:2 Every branch in me that beareth not fruit he taketh away: and every branch that beareth fruit, he purgeth it, that it may bring forth more fruit. John 15:3 Now ye are clean through the word which I have spoken unto you. John 15:4 Abide in me, and I in you. As the branch cannot bear fruit of itself, except it abide in the vine; no more can ye, except ye abide in me. John 15:5 I am the vine, ye are the branches: He that abideth in me, and I in him, the same bringeth forth much fruit: for without me ye can do nothing. John 15:6 If a man abide not in me, he is cast forth as a branch, and is withered; and men gather them, and cast them into the fire, and they are burned. Eph.4:15 But speaking the truth in love, may grow up into him in all things, which is the head, even Christ: Eph.4:16 From whom the whole body fitly joined together and compacted by that which every joint supplieth, according to the effectual working in the measure of every part, maketh increase of the body unto the edifying of itself in love.

Question 77. Where has Christ promised that he will as certainly feed and nourish believers with his body and bleed, as they eat of this broken bread, and drink of this cup?

Answer: In the institution of the supper, which is thus expressed: (a) “The Lord Jesus, the same night in which he was betrayed, took bread, and when he had given thanks, he brake it, and: said: eat, this is my body, which is broken for you; this do in remembrance of me. After the same manner also he took the cup, when he had supped, saying: this cup is the new testament in my blood; this do ye, as often as ye drink it, in remembrance of me. For, as often as ye eat this bread, and drink this cup, ye do show the Lord’s death till he come.” 1 Cor.11:23-26. This promise is repeated by the holy apostle Paul, where he says “The cup of blessing which we bless, is it not the communion of the blood of Christ? The bread which we break, is it not the communion of the body of Christ? For we being many are one bread, and one body: for we are all partakers of that one bread.” 1 Cor.10:16,17.

(a) 1 Cor.11:23 For I have received of the Lord that which also I delivered unto you, That the Lord Jesus the same night in which he was betrayed took bread: 1 Cor.11:24 And when he had given thanks, he brake it, and said, Take, eat: this is my body, which is broken for you: this do in remembrance of me. 1 Cor.11:25 After the same manner also he took the cup, when he had supped, saying, This cup is the new testament in my blood: this do ye, as oft as ye drink it, in remembrance of me. Matt.26:26 And as they were eating, Jesus took bread, and blessed it, and brake it, and gave it to the disciples, and said, Take, eat; this is my body. Matt.26:27 And he took the cup, and gave thanks, and gave it to them, saying, Drink ye all of it; Matt.26:28 For this is my blood of the new testament, which is shed for many for the remission of sins. Mark 14:22 And as they did eat, Jesus took bread, and blessed, and brake it, and gave to them, and said, Take, eat: this is my body. Mark 14:23 And he took the cup, and when he had given thanks, he gave it to them: and they all drank of it. Mark 14:24 And he said unto them, This is my blood of the new testament, which is shed for many. Luke 22:19 And he took bread, and gave thanks, and brake it, and gave unto them, saying, This is my body which is given for you: this do in remembrance of me. Luke 22:20 Likewise also the cup after supper, saying, This cup is the new testament in my blood, which is shed for you. 1 Cor.10:16 The cup of blessing which we bless, is it not the communion of the blood of Christ? The bread which we break, is it not the communion of the body of Christ? 1 Cor.10:17 For we being many are one bread, and one body: for we are all partakers of that one bread.

 

Question 78. Do then the bread and wine become the very body and blood of Christ?

Answer: Not at all: (a) but as the water in baptism is not changed into the blood of Christ, neither is the washing away of sin itself, being only the sign and confirmation thereof appointed of God; (b) so the bread in the Lord’s supper is not changed into the very body of Christ; (c) though agreeably to the nature and properties of sacraments, (d) it is called the body of Christ Jesus.

(a) Matt.26:29 But I say unto you, I will not drink henceforth of this fruit of the vine, until that day when I drink it new with you in my Father’s kingdom. (b) Eph.5:26 That he might sanctify and cleanse it with the washing of water by the word, Tit.3:5 Not by works of righteousness which we have done, but according to his mercy he saved us, by the washing of regeneration, and renewing of the Holy Ghost; (c) Mark 14:24 And he said unto them, This is my blood of the new testament, which is shed for many. 1 Cor.10:16 The cup of blessing which we bless, is it not the communion of the blood of Christ? The bread which we break, is it not the communion of the body of Christ? 1 Cor.10:17 For we being many are one bread, and one body: for we are all partakers of that one bread. 1 Cor.11:26 For as often as ye eat this bread, and drink this cup, ye do shew the Lord’s death till he come. 1 Cor.11:27 Wherefore whosoever shall eat this bread, and drink this cup of the Lord, unworthily, shall be guilty of the body and blood of the Lord. 1 Cor.11:28 But let a man examine himself, and so let him eat of that bread, and drink of that cup. (d) Gen.17:10 This is my covenant, which ye shall keep, between me and you and thy seed after thee; Every man child among you shall be circumcised. Gen.17:11 And ye shall circumcise the flesh of your foreskin; and it shall be a token of the covenant betwixt me and you. Gen.17:14 And the uncircumcised man child whose flesh of his foreskin is not circumcised, that soul shall be cut off from his people; he hath broken my covenant. Gen.17:19 And God said, Sarah thy wife shall bear thee a son indeed; and thou shalt call his name Isaac: and I will establish my covenant with him for an everlasting covenant, and with his seed after him. Exod.12:11 And thus shall ye eat it; with your loins girded, your shoes on your feet, and your staff in your hand; and ye shall eat it in haste: it is the LORD’S passover. Exod.12:13 And the blood shall be to you for a token upon the houses where ye are: and when I see the blood, I will pass over you, and the plague shall not be upon you to destroy you, when I smite the land of Egypt. Exod.12:27 That ye shall say, It is the sacrifice of the LORD’S passover, who passed over the houses of the children of Israel in Egypt, when he smote the Egyptians, and delivered our houses. And the people bowed the head and worshipped. Exod.12:43 And the LORD said unto Moses and Aaron, This is the ordinance of the passover: There shall no stranger eat thereof: Exod.12:48 And when a stranger shall sojourn with thee, and will keep the passover to the LORD, let all his males be circumcised, and then let him come near and keep it; and he shall be as one that is born in the land: for no uncircumcised person shall eat thereof. Exod.13:9 And it shall be for a sign unto thee upon thine hand, and for a memorial between thine eyes, that the LORD’S law may be in thy mouth: for with a strong hand hath the LORD brought thee out of Egypt. 1 Pet.3:21 The like figure whereunto even baptism doth also now save us (not the putting away of the filth of the flesh, but the answer of a good conscience toward God,) by the resurrection of Jesus Christ: 1 Cor.10:1 Moreover, brethren, I would not that ye should be ignorant, how that all our fathers were under the cloud, and all passed through the sea; 1 Cor.10:2 And were all baptized unto Moses in the cloud and in the sea; 1 Cor.10:3 And did all eat the same spiritual meat; 1 Cor.10:4 And did all drink the same spiritual drink: for they drank of that spiritual Rock that followed them: and that Rock was Christ.

Question 79. Why then doth Christ call the bread “his body”, and the cup “his blood”, or “the new covenant in his blood”; and Paul the “communion of body and blood of Christ”?

Answer: Christ speaks thus, not without great reason, namely, not only thereby to teach us, that as bread and wine support this temporal life, so his crucified body and shed blood are the true meat and drink, whereby our souls are fed to eternal life; (a) but more especially by these visible signs and pledges to assure us, that we are as really partakers of his true body and blood by the operation of the Holy Ghost as we receive by the mouths of our bodies these holy signs in remembrance of him; (b) and that all his sufferings and obedience are as certainly ours, as if we had in our own persons suffered and made satisfaction for our sins to God.

(a) John 6:51 I am the living bread which came down from heaven: if any man eat of this bread, he shall live for ever: and the bread that I will give is my flesh, which I will give for the life of the world. John 6:55 For my flesh is meat indeed, and my blood is drink indeed. (b) 1 Cor.10:16 The cup of blessing which we bless, is it not the communion of the blood of Christ? The bread which we break, is it not the communion of the body of Christ? 1 Cor.10:17 For we being many are one bread, and one body: for we are all partakers of that one bread.

 

Question 80. What difference is there between the Lord’s supper and the popish mass?

Answer: The Lord’s supper testifies to us, that we have a full pardon of all sin by the only sacrifice of Jesus Christ, which he himself has once accomplished on the cross; (a) and, that we by the Holy Ghost are ingrafted into Christ, (b) who, according to his human nature is now not on earth, but in heaven, at the right hand of God his Father, (c) and will there be worshipped by us. (d) But the mass teaches, that the living and dead have not the pardon of sins through the sufferings of Christ, unless Christ is also daily offered for them by the priests; and further, that Christ is bodily under the form of bread and wine, and therefore is to be worshipped in them; so that the mass, at bottom, is nothing else than a denial of the one sacrifice and sufferings of Jesus Christ, and an accursed idolatry. (e)

(a) Heb.7:27 Who needeth not daily, as those high priests, to offer up sacrifice, first for his own sins, and then for the people’s: for this he did once, when he offered up himself. Heb.9:12 Neither by the blood of goats and calves, but by his own blood he entered in once into the holy place, having obtained eternal redemption for us. Heb.9:25 Nor yet that he should offer himself often, as the high priest entereth into the holy place every year with blood of others; Heb.9:26 For then must he often have suffered since the foundation of the world: but now once in the end of the world hath he appeared to put away sin by the sacrifice of himself. Heb.9:27 And as it is appointed unto men once to die, but after this the judgment: Heb.9:28 So Christ was once offered to bear the sins of many; and unto them that look for him shall he appear the second time without sin unto salvation. Heb.10:10 By the which will we are sanctified through the offering of the body of Jesus Christ once for all. Heb.10:12 But this man, after he had offered one sacrifice for sins for ever, sat down on the right hand of God; Heb.10:13 From henceforth expecting till his enemies be made his footstool. Heb.10:14 For by one offering he hath perfected for ever them that are sanctified. John 19:30 When Jesus therefore had received the vinegar, he said, It is finished: and he bowed his head, and gave up the ghost. Matt.26:28 For this is my blood of the new testament, which is shed for many for the remission of sins. Luke 22:19 And he took bread, and gave thanks, and brake it, and gave unto them, saying, This is my body which is given for you: this do in remembrance of me. Luke 22:20 Likewise also the cup after supper, saying, This cup is the new testament in my blood, which is shed for you. (b) 1 Cor.6:17 But he that is joined unto the Lord is one spirit. 1 Cor.10:16 The cup of blessing which we bless, is it not the communion of the blood of Christ? The bread which we break, is it not the communion of the body of Christ? (c) Heb.1:3 Who being the brightness of his glory, and the express image of his person, and upholding all things by the word of his power, when he had by himself purged our sins, sat down on the right hand of the Majesty on high; Heb.8:1 Now of the things which we have spoken this is the sum: We have such an high priest, who is set on the right hand of the throne of the Majesty in the heavens; Heb.8:2 A minister of the sanctuary, and of the true tabernacle, which the Lord pitched, and not man. John 20:17 Jesus saith unto her, Touch me not; for I am not yet ascended to my Father: but go to my brethren, and say unto them, I ascend unto my Father, and your Father; and to my God, and your God. (d) Matt.6:20 But lay up for yourselves treasures in heaven, where neither moth nor rust doth corrupt, and where thieves do not break through nor steal: Matt.6:21 For where your treasure is, there will your heart be also. John 4:21 Jesus saith unto her, Woman, believe me, the hour cometh, when ye shall neither in this mountain, nor yet at Jerusalem, worship the Father. John 4:22 Ye worship ye know not what: we know what we worship: for salvation is of the Jews. John 4:23 But the hour cometh, and now is, when the true worshippers shall worship the Father in spirit and in truth: for the Father seeketh such to worship him. John 4:24 God is a Spirit: and they that worship him must worship him in spirit and in truth. Luke 24:52 And they worshipped him, and returned to Jerusalem with great joy: Acts 7:55 But he, being full of the Holy Ghost, looked up stedfastly into heaven, and saw the glory of God, and Jesus standing on the right hand of God, Acts 7:56 And said, Behold, I see the heavens opened, and the Son of man standing on the right hand of God. Col.3:1 If ye then be risen with Christ, seek those things which are above, where Christ sitteth on the right hand of God. Philip.3:20 For our conversation is in heaven; from whence also we look for the Saviour, the Lord Jesus Christ: Philip.3:21 Who shall change our vile body, that it may be fashioned like unto his glorious body, according to the working whereby he is able even to subdue all things unto himself. 1 Thess.1:10 And to wait for his Son from heaven, whom he raised from the dead, even Jesus, which delivered us from the wrath to come. Heb.9:6 Now when these things were thus ordained, the priests went always into the first tabernacle, accomplishing the service of God. Heb.9:7 But into the second went the high priest alone once every year, not without blood, which he offered for himself, and for the errors of the people: Heb.9:8 The Holy Ghost this signifying, that the way into the holiest of all was not yet made manifest, while as the first tabernacle was yet standing: Heb.9:9 Which was a figure for the time then present, in which were offered both gifts and sacrifices, that could not make him that did the service perfect, as pertaining to the conscience; Heb.9:10 Which stood only in meats and drinks, and divers washings, and carnal ordinances, imposed on them until the time of reformation. (e) Heb.9:26 For then must he often have suffered since the foundation of the world: but now once in the end of the world hath he appeared to put away sin by the sacrifice of himself. Heb.10:12 But this man, after he had offered one sacrifice for sins for ever, sat down on the right hand of God; Heb.10:14 For by one offering he hath perfected for ever them that are sanctified. Heb.10:19 Having therefore, brethren, boldness to enter into the holiest by the blood of Jesus, Heb.10:20 By a new and living way, which he hath consecrated for us, through the veil, that is to say, his flesh; Heb.10:21 And having an high priest over the house of God; Heb.10:22 Let us draw near with a true heart in full assurance of faith, having our hearts sprinkled from an evil conscience, and our bodies washed with pure water. Heb.10:23 Let us hold fast the profession of our faith without wavering; (for he is faithful that promised;) Heb.10:24 And let us consider one another to provoke unto love and to good works: Heb.10:25 Not forsaking the assembling of ourselves together, as the manner of some is; but exhorting one another: and so much the more, as ye see the day approaching. Heb.10:26 For if we sin wilfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins, Heb.10:27 But a certain fearful looking for of judgment and fiery indignation, which shall devour the adversaries. Heb.10:28 He that despised Moses’ law died without mercy under two or three witnesses: Heb.10:29 Of how much sorer punishment, suppose ye, shall he be thought worthy, who hath trodden under foot the Son of God, and hath counted the blood of the covenant, wherewith he was sanctified, an unholy thing, and hath done despite unto the Spirit of grace? Heb.10:30 For we know him that hath said, Vengeance belongeth unto me, I will recompense, saith the Lord. And again, The Lord shall judge his people. Heb.10:31 It is a fearful thing to fall into the hands of the living God.

Question 81. For whom is the Lord’s supper instituted?

Answer: For those who are truly sorrowful for their sins, and yet trust that these are forgiven them for the sake of Christ; and that their remaining infirmities are covered by his passion and death; and who also earnestly desire to have their faith more and more strengthened, and their lives more holy; but hypocrites, and such as turn not to God with sincere hearts, eat and drink judgment to themselves. (a)

(a) 1 Cor.10:19 What say I then? that the idol is any thing, or that which is offered in sacrifice to idols is any thing? 1 Cor.10:20 But I say, that the things which the Gentiles sacrifice, they sacrifice to devils, and not to God: and I would not that ye should have fellowship with devils. 1 Cor.10:21 Ye cannot drink the cup of the Lord, and the cup of devils: ye cannot be partakers of the Lord’s table, and of the table of devils. 1 Cor.10:22 Do we provoke the Lord to jealousy? are we stronger than he? 1 Cor.11:28 But let a man examine himself, and so let him eat of that bread, and drink of that cup. 1 Cor.11:29 For he that eateth and drinketh unworthily, eateth and drinketh damnation to himself, not discerning the Lord’s body.

Question 82. Are they also to be admitted to this supper, who, by confession and life, declare themselves unbelieving and ungodly?

Answer: No; for by this, the covenant of God would be profaned, and his wrath kindled against the whole congregation; (a) therefore it is the duty of the christian church, according to the appointment of Christ and his apostles, to exclude such persons, by the keys of the kingdom of heaven, till they show amendment of life.

(a) 1 Cor.11:20 When ye come together therefore into one place, this is not to eat the Lord’s supper. 1 Cor.11:34 And if any man hunger, let him eat at home; that ye come not together unto condemnation. And the rest will I set in order when I come. Isa.1:11 To what purpose is the multitude of your sacrifices unto me? saith the LORD: I am full of the burnt offerings of rams, and the fat of fed beasts; and I delight not in the blood of bullocks, or of lambs, or of he goats. Isa.1:12 When ye come to appear before me, who hath required this at your hand, to tread my courts? Isa.1:13 Bring no more vain oblations; incense is an abomination unto me; the new moons and sabbaths, the calling of assemblies, I cannot away with; it is iniquity, even the solemn meeting. Isa.1:14 Your new moons and your appointed feasts my soul hateth: they are a trouble unto me; I am weary to bear them. Isa.1:15 And when ye spread forth your hands, I will hide mine eyes from you: yea, when ye make many prayers, I will not hear: your hands are full of blood. Isa.66:3 He that killeth an ox is as if he slew a man; he that sacrificeth a lamb, as if he cut off a dog’s neck; he that offereth an oblation, as if he offered swine’s blood; he that burneth incense, as if he blessed an idol. Yea, they have chosen their own ways, and their soul delighteth in their abominations. Jer.7:21 Thus saith the LORD of hosts, the God of Israel; Put your burnt offerings unto your sacrifices, and eat flesh. Jer.7:22 For I spake not unto your fathers, nor commanded them in the day that I brought them out of the land of Egypt, concerning burnt offerings or sacrifices: Jer.7:23 But this thing commanded I them, saying, Obey my voice, and I will be your God, and ye shall be my people: and walk ye in all the ways that I have commanded you, that it may be well unto you. Ps.50:16 But unto the wicked God saith, What hast thou to do to declare my statutes, or that thou shouldest take my covenant in thy mouth?

 

Question 83. What are the keys of the kingdom of heaven?

Answer: The preaching of the holy gospel, and christian discipline, or excommunication out of the christian church; by these two, the kingdom of heaven is opened to believers, and shut against unbelievers.

Question 84. How is the kingdom of heaven opened and shut by the preaching of the holy gospel?

Answer: Thus: when according to the command of Christ, it is declared and publicly testified to all and every believer, that, whenever they receive the promise of the gospel by a true faith, all their sins are really forgiven them of God, for the sake of Christ’s merits; and on the contrary, when it is declared and testified to all unbelievers, and such as do not sincerely repent, that they stand exposed to the wrath of God, and eternal condemnation, so long as they are unconverted: (a) according to which testimony of the gospel, God will judge them, both in this, and in the life to come.

(a) Matt.16:18 And I say also unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it. Matt.16:19 And I will give unto thee the keys of the kingdom of heaven: and whatsoever thou shalt bind on earth shall be bound in heaven: and whatsoever thou shalt loose on earth shall be loosed in heaven. Matt.18:15 Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. Matt.18:16 But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. Matt.18:17 And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. Matt.18:18 Verily I say unto you, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven. Matt.18:19 Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven. John 20:21 Then said Jesus to them again, Peace be unto you: as my Father hath sent me, even so send I you. John 20:22 And when he had said this, he breathed on them, and saith unto them, Receive ye the Holy Ghost: John 20:23 Whose soever sins ye remit, they are remitted unto them; and whose soever sins ye retain, they are retained.

Question 85. How is the kingdom of heaven shut and opened by christian discipline?

Answer: Thus: when according to the command of Christ, those, who under the name of christians, maintain doctrines, or practices inconsistent therewith, and will not, after having been often brotherly admonished, renounce their errors and wicked course of life, are complained of to the church, or to those, who are thereunto appointed by the church; and if they despise their admonition, are by them forbidden the use of the sacraments; whereby they are excluded from the christian church, and by God himself from the kingdom of Christ; and when they promise and show real amendment, are again received as members of Christ and his church. (a)

(a) Matt.18:15 Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. Matt.18:16 But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. Matt.18:17 And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. Matt.18:18 Verily I say unto you, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven. 1 Cor.5:2 And ye are puffed up, and have not rather mourned, that he that hath done this deed might be taken away from among you. 1 Cor.5:3 For I verily, as absent in body, but present in spirit, have judged already, as though I were present, concerning him that hath so done this deed, 1 Cor.5:4 In the name of our Lord Jesus Christ, when ye are gathered together, and my spirit, with the power of our Lord Jesus Christ, 1 Cor.5:5 To deliver such an one unto Satan for the destruction of the flesh, that the spirit may be saved in the day of the Lord Jesus. 1 Cor.5:11 But now I have written unto you not to keep company, if any man that is called a brother be a fornicator, or covetous, or an idolater, or a railer, or a drunkard, or an extortioner; with such an one no not to eat. 2 Thess.3:14 And if any man obey not our word by this epistle, note that man, and have no company with him, that he may be ashamed. 2 Thess.3:15 Yet count him not as an enemy, but admonish him as a brother. 2 Cor.2:6 Sufficient to such a man is this punishment, which was inflicted of many. 2 Cor.2:7 So that contrariwise ye ought rather to forgive him, and comfort him, lest perhaps such a one should be swallowed up with overmuch sorrow. 2 Cor.2:8 Wherefore I beseech you that ye would confirm your love toward him.

 

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Question 86. Since then we are delivered from our misery, merely of grace, through Christ, without any merit of ours, why must we still do good works?

Answer: Because Christ, having redeemed and delivered us by his blood, also renews us by his Holy Spirit, after his own image; that so we may testify, by the whole of our conduct, our gratitude to God for his blessings, (a) and that he may be praised by us; (b) also, that every one may be assured in himself of his faith, (c) by the fruits thereof; and that, by our godly conversation others may be gained to Christ. (d)

(a) Rom.6:13 Neither yield ye your members as instruments of unrighteousness unto sin: but yield yourselves unto God, as those that are alive from the dead, and your members as instruments of righteousness unto God. Rom.12:1 I beseech you therefore, brethren, by the mercies of God, that ye present your bodies a living sacrifice, holy, acceptable unto God, which is your reasonable service. Rom.12:2 And be not conformed to this world: but be ye transformed by the renewing of your mind, that ye may prove what is that good, and acceptable, and perfect, will of God. 1 Pet.2:5 Ye also, as lively stones, are built up a spiritual house, an holy priesthood, to offer up spiritual sacrifices, acceptable to God by Jesus Christ. 1 Pet.2:9 But ye are a chosen generation, a royal priesthood, an holy nation, a peculiar people; that ye should shew forth the praises of him who hath called you out of darkness into his marvellous light: 1 Pet.2:10 Which in time past were not a people, but are now the people of God: which had not obtained mercy, but now have obtained mercy. 1 Cor.6:20 For ye are bought with a price: therefore glorify God in your body, and in your spirit, which are God’s. (b) Matt.5:16 Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven. 1 Pet.2:12 Having your conversation honest among the Gentiles: that, whereas they speak against you as evildoers, they may by your good works, which they shall behold, glorify God in the day of visitation. 1 Pet.1:6 Wherein ye greatly rejoice, though now for a season, if need be, ye are in heaviness through manifold temptations: 1 Pet.1:7 That the trial of your faith, being much more precious than of gold that perisheth, though it be tried with fire, might be found unto praise and honour and glory at the appearing of Jesus Christ: (c) 2 Pet.1:10 Wherefore the rather, brethren, give diligence to make your calling and election sure: for if ye do these things, ye shall never fall: Matt.7:17 Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit. Gal.5:6 For in Jesus Christ neither circumcision availeth any thing, nor uncircumcision; but faith which worketh by love. Gal.5:22 But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith, Gal.5:23 Meekness, temperance: against such there is no law. (d) 1 Pet.3:1 Likewise, ye wives, be in subjection to your own husbands; that, if any obey not the word, they also may without the word be won by the conversation of the wives; 1 Pet.3:2 While they behold your chaste conversation coupled with fear. Rom.14:19 Let us therefore follow after the things which make for peace, and things wherewith one may edify another.

Question 87. Cannot they then be saved, who, continuing in their wicked and ungrateful lives, are not converted to God?

Answer: By no means; for the holy scripture declares that no unchaste person, idolater, adulterer, thief, covetous man, drunkard, slanderer, robber, or any such like, shall inherit the kingdom of God. (a)

(a) 1 Cor.6:9 Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind, 1 Cor.6:10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God. Eph.5:5 For this ye know, that no whoremonger, nor unclean person, nor covetous man, who is an idolater, hath any inheritance in the kingdom of Christ and of God. Eph.5:6 Let no man deceive you with vain words: for because of these things cometh the wrath of God upon the children of disobedience. 1 John 3:14 We know that we have passed from death unto life, because we love the brethren. He that loveth not his brother abideth in death.

 

Question 88. Of how many parts does the true conversion of man consist?

Answer: Of two parts; of the mortification of the old, and the quickening of the new man. (a)

(a) Rom.6:1 What shall we say then? Shall we continue in sin, that grace may abound? Rom.6:4 Therefore we are buried with him by baptism into death: that like as Christ was raised up from the dead by the glory of the Father, even so we also should walk in newness of life. Rom.6:5 For if we have been planted together in the likeness of his death, we shall be also in the likeness of his resurrection: Rom.6:6 Knowing this, that our old man is crucified with him, that the body of sin might be destroyed, that henceforth we should not serve sin. Eph.4:22 That ye put off concerning the former conversation the old man, which is corrupt according to the deceitful lusts; Eph.4:23 And be renewed in the spirit of your mind; Eph.4:24 And that ye put on the new man, which after God is created in righteousness and true holiness. Col.3:5 Mortify therefore your members which are upon the earth; fornication, uncleanness, inordinate affection, evil concupiscence, and covetousness, which is idolatry: Col.3:6 For which things’ sake the wrath of God cometh on the children of disobedience: Col.3:7 In the which ye also walked some time, when ye lived in them. Col.3:8 But now ye also put off all these; anger, wrath, malice, blasphemy, filthy communication out of your mouth. Col.3:9 Lie not one to another, seeing that ye have put off the old man with his deeds; Col.3:10 And have put on the new man, which is renewed in knowledge after the image of him that created him: 1 Cor.5:7 Purge out therefore the old leaven, that ye may be a new lump, as ye are unleavened. For even Christ our passover is sacrificed for us: 2 Cor.7:10 For godly sorrow worketh repentance to salvation not to be repented of: but the sorrow of the world worketh death.

Question 89. What is the mortification of the old man?

Answer: It is a sincere sorrow of heart, that we have provoked God by our sins; and more and more to hate and flee from them. (a)

(a) Rom.8:13 For if ye live after the flesh, ye shall die: but if ye through the Spirit do mortify the deeds of the body, ye shall live. Joel 2:13 And rend your heart, and not your garments, and turn unto the LORD your God: for he is gracious and merciful, slow to anger, and of great kindness, and repenteth him of the evil. Hos.6:1 Come, and let us return unto the LORD: for he hath torn, and he will heal us; he hath smitten, and he will bind us up.

Question 90. What is the quickening of the new man?

Answer: It is a sincere joy of heart in God, through Christ, (a) and with love and delight to live according to the will of God in all good works. (b)

(a) Rom.5:1 Therefore being justified by faith, we have peace with God through our Lord Jesus Christ: Rom.14:17 For the kingdom of God is not meat and drink; but righteousness, and peace, and joy in the Holy Ghost. Isa.57:15 For thus saith the high and lofty One that inhabiteth eternity, whose name is Holy; I dwell in the high and holy place, with him also that is of a contrite and humble spirit, to revive the spirit of the humble, and to revive the heart of the contrite ones. (b) Rom.6:10 For in that he died, he died unto sin once: but in that he liveth, he liveth unto God. Rom.6:11 Likewise reckon ye also yourselves to be dead indeed unto sin, but alive unto God through Jesus Christ our Lord. Gal.2:20 I am crucified with Christ: nevertheless I live; yet not I, but Christ liveth in me: and the life which I now live in the flesh I live by the faith of the Son of God, who loved me, and gave himself for me.

Question 91. But what are good works?

Answer: Only those which proceed from a true faith, (a) are performed according to the law of God, (b) and to his glory; (c) and not such as are founded on our imaginations, or the institutions of men. (d)

(a) Rom.14:23 And he that doubteth is damned if he eat, because he eateth not of faith: for whatsoever is not of faith is sin. (b) Lev.18:4 Ye shall do my judgments, and keep mine ordinances, to walk therein: I am the LORD your God. 1 Sam.15:22 And Samuel said, Hath the LORD as great delight in burnt offerings and sacrifices, as in obeying the voice of the LORD? Behold, to obey is better than sacrifice, and to hearken than the fat of rams. Eph.2:10 For we are his workmanship, created in Christ Jesus unto good works, which God hath before ordained that we should walk in them. (c) 1 Cor.10:31 Whether therefore ye eat, or drink, or whatsoever ye do, do all to the glory of God. (d) Deut.12:32 What thing soever I command you, observe to do it: thou shalt not add thereto, nor diminish from it. Ezek.20:18 But I said unto their children in the wilderness, Walk ye not in the statutes of your fathers, neither observe their judgments, nor defile yourselves with their idols: Ezek.20:19 I am the LORD your God; walk in my statutes, and keep my judgments, and do them; Isa.29:13 Wherefore the Lord said, Forasmuch as this people draw near me with their mouth, and with their lips do honour me, but have removed their heart far from me, and their fear toward me is taught by the precept of men: Matt.15:7 Ye hypocrites, well did Esaias prophesy of you, saying, Matt.15:8 This people draweth nigh unto me with their mouth, and honoureth me with their lips; but their heart is far from me. Matt.15:9 But in vain they do worship me, teaching for doctrines the commandments of men.

 

Question 92. What is the law of God?

Answer: God spake all these words, Exodus 20:1-17 and Denteronomy 5:6-21, saying: I am the LORD thy God, which have brought thee out of the land of Egypt, out of the house of bondage.

1st commandment: Thou shalt have no other gods before me.

2nd commandment: Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. Thou shalt not bow down thyself to them, nor serve them; for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me, and shewing mercy unto thousands of them that love me, and keep my commandments.

3rd commandment: Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.

4th commandment: Remember the sabbath day, to keep it holy. Six days shalt thou labour, and do all thy work; but the seventh day is the sabbath of the LORD thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy cattle, nor thy stranger that is within thy gates. For in six days the LORD made heaven and earth, the sea, and all that in them is, and rested the seventh day: wherefore the LORD blessed the sabbath day, and hallowed it.

5th commandment: Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee.

6th commandment: Thou shalt not kill.

7th commandment: Thou shalt not commit adultery.

8th commandment: Thou shalt not steal.

9th commandment: Thou shalt not bear false witness against thy neighbour. 10th commandment: Thou shalt not covet thy neighbour’s house, thou shalt not covet thy neighbour’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour’s.

Question 93. How are these commandments divided?

Answer: Into two tables; (a) the first of which teaches us how we must behave towards God; the second, what duties we owe to our neighbour. (b)

(a) Exod.34:28 And he was there with the LORD forty days and forty nights; he did neither eat bread, nor drink water. And he wrote upon the tables the words of the covenant, the ten commandments. Deut.4:13 And he declared unto you his covenant, which he commanded you to perform, even ten commandments; and he wrote them upon two tables of stone. Deut.10:3 And I made an ark of shittim wood, and hewed two tables of stone like unto the first, and went up into the mount, having the two tables in mine hand. Deut.10:4 And he wrote on the tables, according to the first writing, the ten commandments, which the LORD spake unto you in the mount out of the midst of the fire in the day of the assembly: and the LORD gave them unto me. (b) Matt.22:37 Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. Matt.22:38 This is the first and great commandment. Matt.22:39 And the second is like unto it, Thou shalt love thy neighbour as thyself. Matt.22:40 On these two commandments hang all the law and the prophets.

Question 94. What does God enjoin in the first commandment?

Answer: That I, as sincerely as I desire the salvation of my own soul, avoid and flee from all idolatry, (a) sorcery, soothsaying, superstition, (b) invocation of saints, or any other creatures; (c) and learn rightly to know the only true God; (d) trust in him alone, (e) with humility (f) and patience submit to him; (g) expect all good things from him only; (h) love, (i) fear, (j) and glorify him with my whole heart; (k) so that I renounce and forsake all creatures, rather than commit even the least thing contrary to his will. (l)

(a) 1 John 5:21 Little children, keep yourselves from idols. Amen. 1 Cor.6:9 Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind, 1 Cor.6:10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God. 1 Cor.10:7 Neither be ye idolaters, as were some of them; as it is written, The people sat down to eat and drink, and rose up to play. 1 Cor.10:14 Wherefore, my dearly beloved, flee from idolatry. (b) Lev.19:31 Regard not them that have familiar spirits, neither seek after wizards, to be defiled by them: I am the LORD your God. Deut.18:9 When thou art come into the land which the LORD thy God giveth thee, thou shalt not learn to do after the abominations of those nations. Deut.18:10 There shall not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth divination, or an observer of times, or an enchanter, or a witch, Deut.18:11 Or a charmer, or a consulter with familiar spirits, or a wizard, or a necromancer. Deut.18:12 For all that do these things are an abomination unto the LORD: and because of these abominations the LORD thy God doth drive them out from before thee. (c) Matt.4:10 Then saith Jesus unto him, Get thee hence, Satan: for it is written, Thou shalt worship the Lord thy God, and him only shalt thou serve. Rev.19:10 And I fell at his feet to worship him. And he said unto me, See thou do it not: I am thy fellowservant, and of thy brethren that have the testimony of Jesus: worship God: for the testimony of Jesus is the spirit of prophecy. Rev.22:8 And I John saw these things, and heard them. And when I had heard and seen, I fell down to worship before the feet of the angel which shewed me these things. Rev.22:9 Then saith he unto me, See thou do it not: for I am thy fellowservant, and of thy brethren the prophets, and of them which keep the sayings of this book: worship God. (d) John 17:3 And this is life eternal, that they might know thee the only true God, and Jesus Christ, whom thou hast sent. (e) Jer.17:5 Thus saith the LORD; Cursed be the man that trusteth in man, and maketh flesh his arm, and whose heart departeth from the LORD. Jer.17:7 Blessed is the man that trusteth in the LORD, and whose hope the LORD is. (f) 1 Pet.5:5 Likewise, ye younger, submit yourselves unto the elder. Yea, all of you be subject one to another, and be clothed with humility: for God resisteth the proud, and giveth grace to the humble. 1 Pet.5:6 Humble yourselves therefore under the mighty hand of God, that he may exalt you in due time: (g) Heb.10:36 For ye have need of patience, that, after ye have done the will of God, ye might receive the promise. Col.1:11 Strengthened with all might, according to his glorious power, unto all patience and longsuffering with joyfulness; Rom.5:3 And not only so, but we glory in tribulations also: knowing that tribulation worketh patience; Rom.5:4 And patience, experience; and experience, hope: 1 Cor.10:10 Neither murmur ye, as some of them also murmured, and were destroyed of the destroyer. Philip.2:14 Do all things without murmurings and disputings: (h) Ps.104:27 These wait all upon thee; that thou mayest give them their meat in due season. Ps.104:28 That thou givest them they gather: thou openest thine hand, they are filled with good. Ps.104:29 Thou hidest thy face, they are troubled: thou takest away their breath, they die, and return to their dust. Ps.104:30 Thou sendest forth thy spirit, they are created: and thou renewest the face of the earth. Isa.45:7 I form the light, and create darkness: I make peace, and create evil: I the LORD do all these things. James 1:17 Every good gift and every perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow of turning. (i) Deut.6:5 And thou shalt love the LORD thy God with all thine heart, and with all thy soul, and with all thy might. Matt.22:37 Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. (j) Deut.6:2 That thou mightest fear the LORD thy God, to keep all his statutes and his commandments, which I command thee, thou, and thy son, and thy son’s son, all the days of thy life; and that thy days may be prolonged. Ps.111:10 The fear of the LORD is the beginning of wisdom: a good understanding have all they that do his commandments: his praise endureth for ever. Prov.1:7 The fear of the LORD is the beginning of knowledge: but fools despise wisdom and instruction. Prov.9:10 The fear of the LORD is the beginning of wisdom: and the knowledge of the holy is understanding. Matt.10:28 And fear not them which kill the body, but are not able to kill the soul: but rather fear him which is able to destroy both soul and body in hell. (k) Matt.4:10 Then saith Jesus unto him, Get thee hence, Satan: for it is written, Thou shalt worship the Lord thy God, and him only shalt thou serve. Deut.10:20 Thou shalt fear the LORD thy God; him shalt thou serve, and to him shalt thou cleave, and swear by his name. Deut.10:21 He is thy praise, and he is thy God, that hath done for thee these great and terrible things, which thine eyes have seen. (l) Matt.5:29 And if thy right eye offend thee, pluck it out, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell. Matt.5:30 And if thy right hand offend thee, cut it off, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell. Matt.10:37 He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. Acts 5:29 Then Peter and the other apostles answered and said, We ought to obey God rather than men.

Question 95. What is idolatry?

Answer: Idolatry is, instead of, or besides that one true God, who has manifested himself in his word, to contrive, or have any other object, in which men place their trust. (a)

(a) Eph.5:5 For this ye know, that no whoremonger, nor unclean person, nor covetous man, who is an idolater, hath any inheritance in the kingdom of Christ and of God. 1 Chron.16:26 For all the gods of the people are idols: but the LORD made the heavens. Philip.3:19 Whose end is destruction, whose God is their belly, and whose glory is in their shame, who mind earthly things.) Gal.4:8 Howbeit then, when ye knew not God, ye did service unto them which by nature are no gods. Eph.2:12 That at that time ye were without Christ, being aliens from the commonwealth of Israel, and strangers from the covenants of promise, having no hope, and without God in the world: 1 John 2:23 Whosoever denieth the Son, the same hath not the Father: (but) he that acknowledgeth the Son hath the Father also. 2 John 1:9 Whosoever transgresseth, and abideth not in the doctrine of Christ, hath not God. He that abideth in the doctrine of Christ, he hath both the Father and the Son. John 5:23 That all men should honour the Son, even as they honour the Father. He that honoureth not the Son honoureth not the Father which hath sent him.

 

Question 96. What does God require in the second commandment?

Answer: That we in no wise represent God by images, (a) nor worship him in any other way than he has commanded in his word. (b)

(a) Deut.4:15 Take ye therefore good heed unto yourselves; for ye saw no manner of similitude on the day that the LORD spake unto you in Horeb out of the midst of the fire: Deut.4:16 Lest ye corrupt yourselves, and make you a graven image, the similitude of any figure, the likeness of male or female, Deut.4:17 The likeness of any beast that is on the earth, the likeness of any winged fowl that flieth in the air, Deut.4:18 The likeness of any thing that creepeth on the ground, the likeness of any fish that is in the waters beneath the earth: Deut.4:19 And lest thou lift up thine eyes unto heaven, and when thou seest the sun, and the moon, and the stars, even all the host of heaven, shouldest be driven to worship them, and serve them, which the LORD thy God hath divided unto all nations under the whole heaven. Isa.40:18 To whom then will ye liken God? or what likeness will ye compare unto him? Isa.40:19 The workman melteth a graven image, and the goldsmith spreadeth it over with gold, and casteth silver chains. Isa.40:20 He that is so impoverished that he hath no oblation chooseth a tree that will not rot; he seeketh unto him a cunning workman to prepare a graven image, that shall not be moved. Isa.40:21 Have ye not known? have ye not heard? hath it not been told you from the beginning? have ye not understood from the foundations of the earth? Isa.40:22 It is he that sitteth upon the circle of the earth, and the inhabitants thereof are as grasshoppers; that stretcheth out the heavens as a curtain, and spreadeth them out as a tent to dwell in: Isa.40:23 That bringeth the princes to nothing; he maketh the judges of the earth as vanity. Isa.40:24 Yea, they shall not be planted; yea, they shall not be sown: yea, their stock shall not take root in the earth: and he shall also blow upon them, and they shall wither, and the whirlwind shall take them away as stubble. Isa.40:25 To whom then will ye liken me, or shall I be equal? saith the Holy One. Rom.1:23 And changed the glory of the uncorruptible God into an image made like to corruptible man, and to birds, and fourfooted beasts, and creeping things. Rom.1:24 Wherefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonour their own bodies between themselves: Acts 17:29 Forasmuch then as we are the offspring of God, we ought not to think that the Godhead is like unto gold, or silver, or stone, graven by art and man’s device. (b) 1 Sam.15:23 For rebellion is as the sin of witchcraft, and stubbornness is as iniquity and idolatry. Because thou hast rejected the word of the LORD, he hath also rejected thee from being king. Deut.12:30 Take heed to thyself that thou be not snared by following them, after that they be destroyed from before thee; and that thou enquire not after their gods, saying, How did these nations serve their gods? even so will I do likewise. Deut.12:31 Thou shalt not do so unto the LORD thy God: for every abomination to the LORD, which he hateth, have they done unto their gods; for even their sons and their daughters they have burnt in the fire to their gods. Deut.12:32 What thing soever I command you, observe to do it: thou shalt not add thereto, nor diminish from it. Matt.15:9 But in vain they do worship me, teaching for doctrines the commandments of men.

Question 97. Are images then not at all to be made?

Answer: God neither can, nor may be represented by any means: (a) but as to creatures; though they may be represented, yet God forbids to make, or have any resemblance of them, either in order to worship them or to serve God by them. (b)

(a) Isa.40:25 To whom then will ye liken me, or shall I be equal? saith the Holy One. (b) Exod.23:24 Thou shalt not bow down to their gods, nor serve them, nor do after their works: but thou shalt utterly overthrow them, and quite break down their images. Exod.23:25 And ye shall serve the LORD your God, and he shall bless thy bread, and thy water; and I will take sickness away from the midst of thee. Exod.34:13 But ye shall destroy their altars, break their images, and cut down their groves: Exod.34:14 For thou shalt worship no other god: for the LORD, whose name is Jealous, is a jealous God: Exod.34:17 Thou shalt make thee no molten gods. Num.33:52 Then ye shall drive out all the inhabitants of the land from before you, and destroy all their pictures, and destroy all their molten images, and quite pluck down all their high places: Deut.7:5 But thus shall ye deal with them; ye shall destroy their altars, and break down their images, and cut down their groves, and burn their graven images with fire. Deut.12:3 And ye shall overthrow their altars, and break their pillars, and burn their groves with fire; and ye shall hew down the graven images of their gods, and destroy the names of them out of that place. Deut.16:21 Thou shalt not plant thee a grove of any trees near unto the altar of the LORD thy God, which thou shalt make thee. 2 Kin.18:3 And he did that which was right in the sight of the LORD, according to all that David his father did. 2 Kin.18:4 He removed the high places, and brake the images, and cut down the groves, and brake in pieces the brasen serpent that Moses had made: for unto those days the children of Israel did burn incense to it: and he called it Nehushtan.

Question 98. But may not images be tolerated in the churches, as books to the laity?

Answer: No: for we must not pretend to be wiser than God, who will have his people taught, not by dumb images, (a) but by the lively preaching of his word. (b)

(a) Jer.10:8 But they are altogether brutish and foolish: the stock is a doctrine of vanities. Hab.2:18 What profiteth the graven image that the maker thereof hath graven it; the molten image, and a teacher of lies, that the maker of his work trusteth therein, to make dumb idols? Hab.2:19 Woe unto him that saith to the wood, Awake; to the dumb stone, Arise, it shall teach! Behold, it is laid over with gold and silver, and there is no breath at all in the midst of it. (b) Rom.10:14 How then shall they call on him in whom they have not believed? and how shall they believe in him of whom they have not heard? and how shall they hear without a preacher? Rom.10:15 And how shall they preach, except they be sent? as it is written, How beautiful are the feet of them that preach the gospel of peace, and bring glad tidings of good things! Rom.10:17 So then faith cometh by hearing, and hearing by the word of God. 2 Pet.1:19 We have also a more sure word of prophecy; whereunto ye do well that ye take heed, as unto a light that shineth in a dark place, until the day dawn, and the day star arise in your hearts: 2 Tim.3:16 All scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness: 2 Tim.3:17 That the man of God may be perfect, throughly furnished unto all good works.

 

Question 99. What is required in the third commandment?

Answer: That we, not only by cursing (a) or perjury, (b) but also by rash swearing, (c) must not profane or abuse the name of God; nor by silence or connivance be partakers of these horrible sins in others; (d) and, briefly, that we use the holy name of God no otherwise than with fear and reverence; (e) so that he may be rightly confessed (f) and worshipped by us, (g) and be glorified in all our words and works. (h)

(a) Lev.24:11 And the Israelitish woman’s son blasphemed the name of the LORD, and cursed. And they brought him unto Moses: (and his mother’s name was Shelomith, the daughter of Dibri, of the tribe of Dan:) Lev.24:12 And they put him in ward, that the mind of the LORD might be shewed them. Lev.24:13 And the LORD spake unto Moses, saying, Lev.24:14 Bring forth him that hath cursed without the camp; and let all that heard him lay their hands upon his head, and let all the congregation stone him. Lev.24:15 And thou shalt speak unto the children of Israel, saying, Whosoever curseth his God shall bear his sin. Lev.24:16 And he that blasphemeth the name of the LORD, he shall surely be put to death, and all the congregation shall certainly stone him: as well the stranger, as he that is born in the land, when he blasphemeth the name of the LORD, shall be put to death. (b) Lev.19:12 And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God: I am the LORD. (c) Matt.5:37 But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil. James 5:12 But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation. (d) Lev.5:1 And if a soul sin, and hear the voice of swearing, and is a witness, whether he hath seen or known of it; if he do not utter it, then he shall bear his iniquity. Prov.29:24 Whoso is partner with a thief hateth his own soul: he heareth cursing, and bewrayeth it not. (e) Jer.4:2 And thou shalt swear, The LORD liveth, in truth, in judgment, and in righteousness; and the nations shall bless themselves in him, and in him shall they glory. Isa.45:23 I have sworn by myself, the word is gone out of my mouth in righteousness, and shall not return, That unto me every knee shall bow, every tongue shall swear. (f) Rom.10:9 That if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised him from the dead, thou shalt be saved. Rom.10:10 For with the heart man believeth unto righteousness; and with the mouth confession is made unto salvation. Matt.10:32 Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven. (g) Ps.50:15 And call upon me in the day of trouble: I will deliver thee, and thou shalt glorify me. 1 Tim.2:8 I will therefore that men pray every where, lifting up holy hands, without wrath and doubting. (h) Rom.2:24 For the name of God is blasphemed among the Gentiles through you, as it is written. 1 Tim.6:1 Let as many servants as are under the yoke count their own masters worthy of all honour, that the name of God and his doctrine be not blasphemed. Col.3:16 Let the word of Christ dwell in you richly in all wisdom; teaching and admonishing one another in psalms and hymns and spiritual songs, singing with grace in your hearts to the Lord. Col.3:17 And whatsoever ye do in word or deed, do all in the name of the Lord Jesus, giving thanks to God and the Father by him.

Question 100. Is then the profaning of God’s name, by swearing and cursing, so heinous a sin, that his wrath is kindled against those who do not endeavour, as much as in them lies, to prevent and forbid such cursing and swearing?

Answer: It undoubtedly is, (a) for there is no sin greater or more provoking to God, than the profaning of his name; and therefore he has commanded this sin to be punished with death. (b)

(a) Prov.29:24 Whoso is partner with a thief hateth his own soul: he heareth cursing, and bewrayeth it not. Lev.5:1 And if a soul sin, and hear the voice of swearing, and is a witness, whether he hath seen or known of it; if he do not utter it, then he shall bear his iniquity. (b) Lev.24:15 And thou shalt speak unto the children of Israel, saying, Whosoever curseth his God shall bear his sin. Lev.24:16 And he that blasphemeth the name of the LORD, he shall surely be put to death, and all the congregation shall certainly stone him: as well the stranger, as he that is born in the land, when he blasphemeth the name of the LORD, shall be put to death.

 

Question 101. May we then swear religiously by the name of God?

Answer: Yes: either when the magistrates demand it of the subjects; or when necessity requires us thereby to confirm a fidelity and truth to the glory of God, and the safety of our neighbour: for such an oath is founded on God’s word, (a) and therefore was justly used by the saints, both in the Old and New Testament. (b)

(a) Deut.6:13 Thou shalt fear the LORD thy God, and serve him, and shalt swear by his name. Deut.10:20 Thou shalt fear the LORD thy God; him shalt thou serve, and to him shalt thou cleave, and swear by his name. Isa.48:1 Hear ye this, O house of Jacob, which are called by the name of Israel, and are come forth out of the waters of Judah, which swear by the name of the LORD, and make mention of the God of Israel, but not in truth, nor in righteousness. Heb.6:16 For men verily swear by the greater: and an oath for confirmation is to them an end of all strife. (b) Gen.21:24 And Abraham said, I will swear. Gen.31:53 The God of Abraham, and the God of Nahor, the God of their father, judge betwixt us. And Jacob sware by the fear of his father Isaac. Gen.31:54 Then Jacob offered sacrifice upon the mount, and called his brethren to eat bread: and they did eat bread, and tarried all night in the mount. Jos.9:15 And Joshua made peace with them, and made a league with them, to let them live: and the princes of the congregation sware unto them. Jos.9:19 But all the princes said unto all the congregation, We have sworn unto them by the LORD God of Israel: now therefore we may not touch them. 1 Sam.24:22 And David sware unto Saul. And Saul went home; but David and his men gat them up unto the hold. 2 Sam.3:35 And when all the people came to cause David to eat meat while it was yet day, David sware, saying, So do God to me, and more also, if I taste bread, or ought else, till the sun be down. 1 Kin.1:28 Then king David answered and said, Call me Bathsheba. And she came into the king’s presence, and stood before the king. 1 Kin.1:29 And the king sware, and said, As the LORD liveth, that hath redeemed my soul out of all distress, 1 Kin.1:30 Even as I sware unto thee by the LORD God of Israel, saying, Assuredly Solomon thy son shall reign after me, and he shall sit upon my throne in my stead; even so will I certainly do this day. Rom.1:9 For God is my witness, whom I serve with my spirit in the gospel of his Son, that without ceasing I make mention of you always in my prayers; 2 Cor.1:23 Moreover I call God for a record upon my soul, that to spare you I came not as yet unto Corinth.

Question 102. May we also swear by saints or any other creatures?

Answer: No; for a lawful oath is calling upon God, as the only one who knows the heart, that he will bear witness to the truth, and punish me if I swear falsely; (a) which honour is due to no creature. (b)

(a) 2 Cor.1:23 Moreover I call God for a record upon my soul, that to spare you I came not as yet unto Corinth. Rom.9:1 I say the truth in Christ, I lie not, my conscience also bearing me witness in the Holy Ghost, (b) Matt.5:34 But I say unto you, Swear not at all; neither by heaven; for it is God’s throne: Matt.5:35 Nor by the earth; for it is his footstool: neither by Jerusalem; for it is the city of the great King. Matt.5:36 Neither shalt thou swear by thy head, because thou canst not make one hair white or black. James 5:12 But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation.

 

Question 103. What does God require in the fourth commandment?

Answer: First, that the ministry of the gospel and the schools be maintained; (a) and that I, especially on the sabbath, that is, on the day of rest, diligently frequent the church of God, (b) to hear his word, (c) to use the sacraments, (d) publicly to call upon the Lord, (e) and contribute to the relief of the poor. (f) Secondly, that all the days of my life I cease from my evil works, and yield myself to the Lord, to work by his Holy Spirit in me: and thus begin in this life the eternal sabbath. (g)

(a) Tit.1:5 For this cause left I thee in Crete, that thou shouldest set in order the things that are wanting, and ordain elders in every city, as I had appointed thee: 2 Tim.3:14 But continue thou in the things which thou hast learned and hast been assured of, knowing of whom thou hast learned them; 2 Tim.3:15 And that from a child thou hast known the holy scriptures, which are able to make thee wise unto salvation through faith which is in Christ Jesus. 1 Tim.5:17 Let the elders that rule well be counted worthy of double honour, especially they who labour in the word and doctrine. 1 Cor.9:11 If we have sown unto you spiritual things, is it a great thing if we shall reap your carnal things? 1 Cor.9:13 Do ye not know that they which minister about holy things live of the things of the temple? and they which wait at the altar are partakers with the altar? 1 Cor.9:14 Even so hath the Lord ordained that they which preach the gospel should live of the gospel. 2 Tim.2:2 And the things that thou hast heard of me among many witnesses, the same commit thou to faithful men, who shall be able to teach others also. (b) Ps.40:10 I have not hid thy righteousness within my heart; I have declared thy faithfulness and thy salvation: I have not concealed thy lovingkindness and thy truth from the great congregation. Ps.40:11 Withhold not thou thy tender mercies from me, O LORD: let thy lovingkindness and thy truth continually preserve me. Ps.68:27 There is little Benjamin with their ruler, the princes of Judah and their council, the princes of Zebulun, and the princes of Naphtali. Acts 2:42 And they continued stedfastly in the apostles’ doctrine and fellowship, and in breaking of bread, and in prayers. Acts 2:46 And they, continuing daily with one accord in the temple, and breaking bread from house to house, did eat their meat with gladness and singleness of heart, (c) 1 Tim.4:13 Till I come, give attendance to reading, to exhortation, to doctrine. 1 Cor.14:19 Yet in the church I had rather speak five words with my understanding, that by my voice I might teach others also, than ten thousand words in an unknown tongue. 1 Cor.14:29 Let the prophets speak two or three, and let the other judge. 1 Cor.14:31 For ye may all prophesy one by one, that all may learn, and all may be comforted. (d) 1 Cor.11:33 Wherefore, my brethren, when ye come together to eat, tarry one for another. (e) 1 Tim.2:1 I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks, be made for all men; 1 Tim.2:2 For kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty. 1 Tim.2:3 For this is good and acceptable in the sight of God our Saviour; 1 Tim.2:8 I will therefore that men pray every where, lifting up holy hands, without wrath and doubting. 1 Tim.2:9 In like manner also, that women adorn themselves in modest apparel, with shamefacedness and sobriety; not with broided hair, or gold, or pearls, or costly array; 1 Tim.2:10 But (which becometh women professing godliness) with good works. 1 Tim.2:11 Let the woman learn in silence with all subjection. 1 Cor.14:16 Else when thou shalt bless with the spirit, how shall he that occupieth the room of the unlearned say Amen at thy giving of thanks, seeing he understandeth not what thou sayest? (f) 1 Cor.16:2 Upon the first day of the week let every one of you lay by him in store, as God hath prospered him, that there be no gatherings when I come. (g) Isa.66:23 And it shall come to pass, that from one new moon to another, and from one sabbath to another, shall all flesh come to worship before me, saith the LORD.

 

Question 104. What does God require in the fifth commandment?

Answer: That I show all honour, love and fidelity, to my father and mother, and all in authority over me, and submit myself to their good instruction and correction, with due obedience; (a) and also patiently bear with their weaknesses and infirmities, (b) since it pleases God to govern us by their hand. (c)

(a) Eph.5:22 Wives, submit yourselves unto your own husbands, as unto the Lord. Eph.6:1 Children, obey your parents in the Lord: for this is right. Eph.6:2 Honour thy father and mother; (which is the first commandment with promise;) Eph.6:3 That it may be well with thee, and thou mayest live long on the earth. Eph.6:4 And, ye fathers, provoke not your children to wrath: but bring them up in the nurture and admonition of the Lord. Eph.6:5 Servants, be obedient to them that are your masters according to the flesh, with fear and trembling, in singleness of your heart, as unto Christ; Col.3:18 Wives, submit yourselves unto your own husbands, as it is fit in the Lord. Col.3:20 Children, obey your parents in all things: for this is well pleasing unto the Lord. Col.3:21 Fathers, provoke not your children to anger, lest they be discouraged. Col.3:22 Servants, obey in all things your masters according to the flesh; not with eyeservice, as menpleasers; but in singleness of heart, fearing God: Col.3:23 And whatsoever ye do, do it heartily, as to the Lord, and not unto men; Col.3:24 Knowing that of the Lord ye shall receive the reward of the inheritance: for ye serve the Lord Christ. Prov.1:8 My son, hear the instruction of thy father, and forsake not the law of thy mother: Prov.4:1 Hear, ye children, the instruction of a father, and attend to know understanding. Prov.15:20 A wise son maketh a glad father: but a foolish man despiseth his mother. Prov.20:20 Whoso curseth his father or his mother, his lamp shall be put out in obscure darkness. Exod.21:17 And he that curseth his father, or his mother, shall surely be put to death. Rom.13:1 Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Rom.13:2 Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. Rom.13:3 For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: Rom.13:4 For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. Rom.13:5 Wherefore ye must needs be subject, not only for wrath, but also for conscience sake. Rom.13:6 For for this cause pay ye tribute also: for they are God’s ministers, attending continually upon this very thing. Rom.13:7 Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour. (b) Prov.23:22 Hearken unto thy father that begat thee, and despise not thy mother when she is old. Gen.9:24 And Noah awoke from his wine, and knew what his younger son had done unto him. Gen.9:25 And he said, Cursed be Canaan; a servant of servants shall he be unto his brethren. 1 Pet.2:18 Servants, be subject to your masters with all fear; not only to the good and gentle, but also to the froward. (c) Eph.6:4 And, ye fathers, provoke not your children to wrath: but bring them up in the nurture and admonition of the Lord. Eph.6:9 And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him. Col.3:19 Husbands, love your wives, and be not bitter against them. Col.3:20 Children, obey your parents in all things: for this is well pleasing unto the Lord. Col.3:21 Fathers, provoke not your children to anger, lest they be discouraged. Rom.13:2 Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. Rom.13:3 For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: Matt.22:21 They say unto him, Caesar’s. Then saith he unto them, Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s.

 

Question 105. What does God require in the sixth commandment?

Answer: That neither in thoughts, nor words, nor gestures, much less in deeds, I dishonour, hate, wound, or kill my neighbour, by myself or by another: (a) but that I lay aside all desire of revenge: (b) also, that I hurt not myself, nor wilfully expose myself to any danger. (c) Wherefore also the magistrate is armed with the sword, to prevent murder. (d)

(a) Matt.5:21 Ye have heard that it was said by them of old time, Thou shalt not kill; and whosoever shall kill shall be in danger of the judgment: Matt.5:22 But I say unto you, That whosoever is angry with his brother without a cause shall be in danger of the judgment: and whosoever shall say to his brother, Raca, shall be in danger of the council: but whosoever shall say, Thou fool, shall be in danger of hell fire. Matt.26:52 Then said Jesus unto him, Put up again thy sword into his place: for all they that take the sword shall perish with the sword. Gen.9:6 Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man. (b) Eph.4:26 Be ye angry, and sin not: let not the sun go down upon your wrath: Rom.12:19 Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord. Matt.5:25 Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Matt.18:35 So likewise shall my heavenly Father do also unto you, if ye from your hearts forgive not every one his brother their trespasses. (c) Rom.13:14 But put ye on the Lord Jesus Christ, and make not provision for the flesh, to fulfil the lusts thereof. Col.2:23 Which things have indeed a shew of wisdom in will worship, and humility, and neglecting of the body; not in any honour to the satisfying of the flesh. Matt.4:7 Jesus said unto him, It is written again, Thou shalt not tempt the Lord thy God. (d) Gen.9:6 Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man. Exod.21:14 But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die. Matt.26:52 Then said Jesus unto him, Put up again thy sword into his place: for all they that take the sword shall perish with the sword. Rom.13:4 For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.

Question 106. But this commandment seems only to speak of murder?

Answer: In forbidding murder, God teaches us, that he abhors the causes thereof, such as envy, (a) hatred, (b) anger, (c) and desire of revenge; and that he accounts all these as murder. (d)

(a) Prov.14:30 A sound heart is the life of the flesh: but envy the rottenness of the bones. Rom.1:29 Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, murder, debate, deceit, malignity; whisperers, (b) 1 John 2:9 He that saith he is in the light, and hateth his brother, is in darkness even until now. 1 John 2:11 But he that hateth his brother is in darkness, and walketh in darkness, and knoweth not whither he goeth, because that darkness hath blinded his eyes. (c) James 1:20 For the wrath of man worketh not the righteousness of God. Gal.5:19 Now the works of the flesh are manifest, which are these; Adultery, fornication, uncleanness, lasciviousness, Gal.5:20 Idolatry, witchcraft, hatred, variance, emulations, wrath, strife, seditions, heresies, Gal.5:21 Envyings, murders, drunkenness, revellings, and such like: of the which I tell you before, as I have also told you in time past, that they which do such things shall not inherit the kingdom of God. (d) 1 John 3:15 Whosoever hateth his brother is a murderer: and ye know that no murderer hath eternal life abiding in him.

Question 107. But is it enough that we do not kill any man in the manner mentioned above?

Answer: No: for when God forbids envy, hatred, and anger, he commands us to love our neighbour as ourselves; (a) to show patience, peace, meekness, mercy, and all kindness, towards him, (b) and prevent his hurt as much as in us lies; (c) and that we do good, even to our enemies. (d)

(a) Matt.7:12 Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets. Matt.22:39 And the second is like unto it, Thou shalt love thy neighbour as thyself. Rom.12:10 Be kindly affectioned one to another with brotherly love; in honour preferring one another; (b) Eph.4:2 With all lowliness and meekness, with longsuffering, forbearing one another in love; Gal.6:1 Brethren, if a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness; considering thyself, lest thou also be tempted. Gal.6:2 Bear ye one another’s burdens, and so fulfil the law of Christ. Matt.5:5 Blessed are the meek: for they shall inherit the earth. Matt.5:7 Blessed are the merciful: for they shall obtain mercy. Matt.5:9 Blessed are the peacemakers: for they shall be called the children of God. Rom.12:18 If it be possible, as much as lieth in you, live peaceably with all men. Luke 6:36 Be ye therefore merciful, as your Father also is merciful. 1 Pet.3:8 Finally, be ye all of one mind, having compassion one of another, love as brethren, be pitiful, be courteous: Col.3:12 Put on therefore, as the elect of God, holy and beloved, bowels of mercies, kindness, humbleness of mind, meekness, longsuffering; Rom.12:10 Be kindly affectioned one to another with brotherly love; in honour preferring one another; Rom.12:15 Rejoice with them that do rejoice, and weep with them that weep. (c) Exod.23:5 If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him, thou shalt surely help with him. (d) Matt.5:44 But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you; Matt.5:45 That ye may be the children of your Father which is in heaven: for he maketh his sun to rise on the evil and on the good, and sendeth rain on the just and on the unjust. Rom.12:20 Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head. Rom.12:21 Be not overcome of evil, but overcome evil with good.

 

Question 108. What does the seventh commandment teach us?

Answer: That all uncleanness is accursed of God: (a) and that therefore we must with all our hearts detest the same, (b) and live chastely and temperately, (c) whether in holy wedlock, or in single life. (d)

(a) Lev.18:27 (For all these abominations have the men of the land done, which were before you, and the land is defiled;) Lev.18:28 That the land spue not you out also, when ye defile it, as it spued out the nations that were before you. (b) Jude 1:23 And others save with fear, pulling them out of the fire; hating even the garment spotted by the flesh. (c) 1 Thess.4:3 For this is the will of God, even your sanctification, that ye should abstain from fornication: 1 Thess.4:4 That every one of you should know how to possess his vessel in sanctification and honour; 1 Thess.4:5 Not in the lust of concupiscence, even as the Gentiles which know not God: (d) Heb.13:4 Marriage is honourable in all, and the bed undefiled: but whoremongers and adulterers God will judge. 1 Cor.7:7 For I would that all men were even as I myself. But every man hath his proper gift of God, one after this manner, and another after that. 1 Cor.7:8 I say therefore to the unmarried and widows, It is good for them if they abide even as I. 1 Cor.7:9 But if they cannot contain, let them marry: for it is better to marry than to burn. 1 Cor.7:27 Art thou bound unto a wife? seek not to be loosed. Art thou loosed from a wife? seek not a wife.

Question 109. Does God forbid in this commandment, only adultery, and such like gross sins?

Answer: Since both our body and soul are temples of the holy Ghost, he commands us to preserve them pure and holy: therefore he forbids all unchaste actions, gestures, words, (a) thoughts, desires, (b) and whatever can entice men thereto. (c)

(a) Eph.5:3 But fornication, and all uncleanness, or covetousness, let it not be once named among you, as becometh saints; Eph.5:4 Neither filthiness, nor foolish talking, nor jesting, which are not convenient: but rather giving of thanks. 1 Cor.6:18 Flee fornication. Every sin that a man doeth is without the body; but he that committeth fornication sinneth against his own body. 1 Cor.6:19 What? know ye not that your body is the temple of the Holy Ghost which is in you, which ye have of God, and ye are not your own? 1 Cor.6:20 For ye are bought with a price: therefore glorify God in your body, and in your spirit, which are God’s. (b) Matt.5:27 Ye have heard that it was said by them of old time, Thou shalt not commit adultery: Matt.5:28 But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart. (c) Eph.5:18 And be not drunk with wine, wherein is excess; but be filled with the Spirit; 1 Cor.15:33 Be not deceived: evil communications corrupt good manners.

 

Question 110. What does God forbid in the eighth commandment?

Answer: God forbids not only those thefts, (a) and robberies, (b) which are punishable by the magistrate; but he comprehends under the name of theft all wicked tricks and devices, whereby we design to appropriate to ourselves the goods which belong to our neighbour: (c) whether it be by force, or under the appearance of right, as by unjust weights, ells, measures, fraudulent merchandise, (d) false coins, usury, (e) or by any other way forbidden by God; as also all covetousness, (f) all abuse and waste of his gifts. (g)

(a) 1 Cor.6:10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God. (b) 1 Cor.5:10 Yet not altogether with the fornicators of this world, or with the covetous, or extortioners, or with idolaters; for then must ye needs go out of the world. Isa.33:1 Woe to thee that spoilest, and thou wast not spoiled; and dealest treacherously, and they dealt not treacherously with thee! when thou shalt cease to spoil, thou shalt be spoiled; and when thou shalt make an end to deal treacherously, they shall deal treacherously with thee. (c) Luke 3:14 And the soldiers likewise demanded of him, saying, And what shall we do? And he said unto them, Do violence to no man, neither accuse any falsely; and be content with your wages. 1 Thess.4:6 That no man go beyond and defraud his brother in any matter: because that the Lord is the avenger of all such, as we also have forewarned you and testified. (d) Prov.11:1 A false balance is abomination to the LORD: but a just weight is his delight. Prov.16:11 A just weight and balance are the LORD’S: all the weights of the bag are his work. Ezek.45:9 Thus saith the Lord GOD; Let it suffice you, O princes of Israel: remove violence and spoil, and execute judgment and justice, take away your exactions from my people, saith the Lord GOD. Ezek.45:10 Ye shall have just balances, and a just ephah, and a just bath. Ezek.45:11 The ephah and the bath shall be of one measure, that the bath may contain the tenth part of an homer, and the ephah the tenth part of an homer: the measure thereof shall be after the homer. Ezek.45:12 And the shekel shall be twenty gerahs: twenty shekels, five and twenty shekels, fifteen shekels, shall be your maneh. Deut.25:13 Thou shalt not have in thy bag divers weights, a great and a small. Deut.25:14 Thou shalt not have in thine house divers measures, a great and a small. Deut.25:15 But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the LORD thy God giveth thee. Deut.25:16 For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God. (e) Ps.15:5 He that putteth not out his money to usury, nor taketh reward against the innocent. He that doeth these things shall never be moved. Luke 6:35 But love ye your enemies, and do good, and lend, hoping for nothing again; and your reward shall be great, and ye shall be the children of the Highest: for he is kind unto the unthankful and to the evil. (f) 1 Cor.6:10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God. (g) Prov.23:20 Be not among winebibbers; among riotous eaters of flesh: Prov.23:21 For the drunkard and the glutton shall come to poverty: and drowsiness shall clothe a man with rags. Prov.21:20 There is treasure to be desired and oil in the dwelling of the wise; but a foolish man spendeth it up.

Question 111. But what does God require in this commandment?

Answer: That I promote the advantage of my neighbour in every instance I can or may; and deal with him as I desire to be dealt with by others: (a) further also that I faithfully labour, so that I may be able to relieve the needy. (b)

(a) Matt.7:12 Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets. (b) Eph.4:28 Let him that stole steal no more: but rather let him labour, working with his hands the thing which is good, that he may have to give to him that needeth.

 

Question 112. What is required in the ninth commandment?

Answer: That I bear false witness against no man, (a) nor falsify any man’s words; (b) that I be no backbiter, nor slanderer; (c) that I do not judge, nor join in condemning any man rashly, or unheard; (d) but that I avoid all sorts of lies and deceit, as the proper works of the devil, (e) unless I would bring down upon me the heavy wrath of God; (f) likewise, that in judgment and all other dealings I love the truth, speak it uprightly and confess it; (g) also that I defend and promote, as much as I am able, the honor and good character of my neighbour. (h)

(a) Prov.19:5 A false witness shall not be unpunished, and he that speaketh lies shall not escape. Prov.19:9 A false witness shall not be unpunished, and he that speaketh lies shall perish. Prov.21:28 A false witness shall perish: but the man that heareth speaketh constantly. (b) Ps.15:3 He that backbiteth not with his tongue, nor doeth evil to his neighbour, nor taketh up a reproach against his neighbour. Ps.50:19 Thou givest thy mouth to evil, and thy tongue frameth deceit. Ps.50:20 Thou sittest and speakest against thy brother; thou slanderest thine own mother’s son. (c) Rom.1:29 Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, murder, debate, deceit, malignity; whisperers, Rom.1:30 Backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents, (d) Matt.7:1 Judge not, that ye be not judged. Matt.7:2 For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again. Luke 6:37 Judge not, and ye shall not be judged: condemn not, and ye shall not be condemned: forgive, and ye shall be forgiven: (e) John 8:44 Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it. (f) Prov.12:22 Lying lips are abomination to the LORD: but they that deal truly are his delight. Prov.13:5 A righteous man hateth lying: but a wicked man is loathsome, and cometh to shame. (g) 1 Cor.13:6 Rejoiceth not in iniquity, but rejoiceth in the truth; Eph.4:25 Wherefore putting away lying, speak every man truth with his neighbour: for we are members one of another. (h) 1 Pet.4:8 And above all things have fervent charity among yourselves: for charity shall cover the multitude of sins.

 

Question 113. What does the tenth commandment require of us?

Answer: That even the smallest inclination or thought, contrary to any of God’s commandments, never rise in our hearts; but that at all times we hate all sin with our whole heart, and delight in all righteousness. (a)

(a) Rom.7:7 What shall we say then? Is the law sin? God forbid. Nay, I had not known sin, but by the law: for I had not known lust, except the law had said, Thou shalt not covet.

Question 114. But can those who are converted to God perfectly keep these commandments?

Answer: No: but even the holiest men, while in this life, have only a small beginning of this obedience; (a) yet so, that with a sincere resolution they begin to live, not only according to some, but all the commandments of God. (b)

(a) 1 John 1:8 If we say that we have no sin, we deceive ourselves, and the truth is not in us. 1 John 1:9 If we confess our sins, he is faithful and just to forgive us our sins, and to cleanse us from all unrighteousness. 1 John 1:10 If we say that we have not sinned, we make him a liar, and his word is not in us. Rom.7:14 For we know that the law is spiritual: but I am carnal, sold under sin. Rom.7:15 For that which I do I allow not: for what I would, that do I not; but what I hate, that do I. Eccl.7:20 For there is not a just man upon earth, that doeth good, and sinneth not. 1 Cor.13:9 For we know in part, and we prophesy in part. (b) Rom.7:22 For I delight in the law of God after the inward man: Ps.1:2 But his delight is in the law of the LORD; and in his law doth he meditate day and night. James 2:10 For whosoever shall keep the whole law, and yet offend in one point, he is guilty of all.

Question 115. Why will God then have the ten commandments so strictly preached, since no man in this life can keep them?

Answer: First, that all our lifetime we may learn more and more to know (a) our sinful nature, and thus become the more earnest in seeking the remission of sin, and righteousness in Christ; (b) likewise, that we constantly endeavour and pray to God for the grace of the Holy Spirit, that we may become more and more conformable to the image of God, till we arrive at the perfection proposed to us, in a life to come. (c)

(a) Rom.3:20 Therefore by the deeds of the law there shall no flesh be justified in his sight: for by the law is the knowledge of sin. 1 John 1:9 If we confess our sins, he is faithful and just to forgive us our sins, and to cleanse us from all unrighteousness. Ps.32:5 I acknowledged my sin unto thee, and mine iniquity have I not hid. I said, I will confess my transgressions unto the LORD; and thou forgavest the iniquity of my sin. Selah. (b) Matt.5:6 Blessed are they which do hunger and thirst after righteousness: for they shall be filled. Rom.7:24 O wretched man that I am! who shall deliver me from the body of this death? Rom.7:25 I thank God through Jesus Christ our Lord. So then with the mind I myself serve the law of God; but with the flesh the law of sin. (c) 1 Cor.9:24 Know ye not that they which run in a race run all, but one receiveth the prize? So run, that ye may obtain. Philip.3:11 If by any means I might attain unto the resurrection of the dead. Philip.3:12 Not as though I had already attained, either were already perfect: but I follow after, if that I may apprehend that for which also I am apprehended of Christ Jesus. Philip.3:13 Brethren, I count not myself to have apprehended: but this one thing I do, forgetting those things which are behind, and reaching forth unto those things which are before, Philip.3:14 I press toward the mark for the prize of the high calling of God in Christ Jesus.

 

Question 116. Why is prayer necessary for christians?

Answer: Because it is the chief part of thankfulness which God requires of us: (a) and also, because God will give his grace and Holy Spirit to those only, who with sincere desires continually ask them of him, and are thankful for them. (b)

(a) Ps.50:14 Offer unto God thanksgiving; and pay thy vows unto the most High: Ps.50:15 And call upon me in the day of trouble: I will deliver thee, and thou shalt glorify me. (b) Matt.7:7 Ask, and it shall be given you; seek, and ye shall find; knock, and it shall be opened unto you: Matt.7:8 For every one that asketh receiveth; and he that seeketh findeth; and to him that knocketh it shall be opened. Luke 11:9 And I say unto you, Ask, and it shall be given you; seek, and ye shall find; knock, and it shall be opened unto you. Luke 11:10 For every one that asketh receiveth; and he that seeketh findeth; and to him that knocketh it shall be opened. Luke 11:13 If ye then, being evil, know how to give good gifts unto your children: how much more shall your heavenly Father give the Holy Spirit to them that ask him? 1 Thess.5:17 Pray without ceasing.

Question 117. What are the requisites of that prayer, which is acceptable to God, and which he will hear?

Answer: First, that we from the heart pray (a) to the one true God only, who has manifested himself in his word, (b) for all things, he has commanded us to ask of him; (c) secondly, that we rightly and thoroughly know our need and misery, (d) that so we may deeply humble ourselves in the presence of his divine majesty; (e) thirdly, that we be fully persuaded that he, notwithstanding that we are unworthy of it, will, for the sake of Christ our Lord, certainly hear our prayer, (f) as he has promised us in his word. (g)

(a) John 4:24 God is a Spirit: and they that worship him must worship him in spirit and in truth. Ps.145:18 The LORD is nigh unto all them that call upon him, to all that call upon him in truth. (b) Rev.19:10 And I fell at his feet to worship him. And he said unto me, See thou do it not: I am thy fellowservant, and of thy brethren that have the testimony of Jesus: worship God: for the testimony of Jesus is the spirit of prophecy. John 4:22 Ye worship ye know not what: we know what we worship: for salvation is of the Jews. John 4:23 But the hour cometh, and now is, when the true worshippers shall worship the Father in spirit and in truth: for the Father seeketh such to worship him. John 4:24 God is a Spirit: and they that worship him must worship him in spirit and in truth. (c) Rom.8:26 Likewise the Spirit also helpeth our infirmities: for we know not what we should pray for as we ought: but the Spirit itself maketh intercession for us with groanings which cannot be uttered. 1 John 5:14 And this is the confidence that we have in him, that, if we ask any thing according to his will, he heareth us: James 1:5 If any of you lack wisdom, let him ask of God, that giveth to all men liberally, and upbraideth not; and it shall be given him. (d) 2 Chron.20:12 O our God, wilt thou not judge them? for we have no might against this great company that cometh against us; neither know we what to do: but our eyes are upon thee. (e) Ps.2:11 Serve the LORD with fear, and rejoice with trembling. Ps.34:19 Many are the afflictions of the righteous: but the LORD delivereth him out of them all. Isa.66:2 For all those things hath mine hand made, and all those things have been, saith the LORD: but to this man will I look, even to him that is poor and of a contrite spirit, and trembleth at my word. (f) Rom.10:14 How then shall they call on him in whom they have not believed? and how shall they believe in him of whom they have not heard? and how shall they hear without a preacher? James 1:6 But let him ask in faith, nothing wavering. For he that wavereth is like a wave of the sea driven with the wind and tossed. (g) John 14:13 And whatsoever ye shall ask in my name, that will I do, that the Father may be glorified in the Son. John 14:14 If ye shall ask any thing in my name, I will do it. John 16:23 And in that day ye shall ask me nothing. Verily, verily, I say unto you, Whatsoever ye shall ask the Father in my name, he will give it you. Dan.9:17 Now therefore, O our God, hear the prayer of thy servant, and his supplications, and cause thy face to shine upon thy sanctuary that is desolate, for the Lord’s sake. Dan.9:18 O my God, incline thine ear, and hear; open thine eyes, and behold our desolations, and the city which is called by thy name: for we do not present our supplications before thee for our righteousnesses, but for thy great mercies. (h) Matt.7:8 For every one that asketh receiveth; and he that seeketh findeth; and to him that knocketh it shall be opened. Ps.27:8 When thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek.

Question 118. What has God commanded us to ask of him?

Answer: All things necessary for soul and body; (a) which Christ our Lord has comprised in that prayer he himself has taught us. (a) James 1:17 Every good gift and every perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow of turning. Matt.6:33 But seek ye first the kingdom of God, and his righteousness; and all these things shall be added unto you.

Question 119. What are the words of that prayer? (a)

Answer: Our Father which art in heaven, 1 Hallowed be thy name. 2 Thy kingdom come. 3 Thy will be done on earth, as it is in heaven. 4 Give us this day our daily bread. 5 And forgive us our debts, as we forgive our debtors. 6 And lead us not into temptation, but deliver us from evil. For thine is the kingdom, and the power, and the glory, for ever. Amen.

(a) Matt.6:9 After this manner therefore pray ye: Our Father which art in heaven, Hallowed be thy name. Matt.6:10 Thy kingdom come. Thy will be done in earth, as it is in heaven. Matt.6:11 Give us this day our daily bread. Matt.6:12 And forgive us our debts, as we forgive our debtors. Matt.6:13 And lead us not into temptation, but deliver us from evil: For thine is the kingdom, and the power, and the glory, for ever. Amen. Luke 11:2 And he said unto them, When ye pray, say, Our Father which art in heaven, Hallowed be thy name. Thy kingdom come. Thy will be done, as in heaven, so in earth. Luke 11:3 Give us day by day our daily bread. Luke 11:4 And forgive us our sins; for we also forgive every one that is indebted to us. And lead us not into temptation; but deliver us from evil.

 

Question 120. Why has Christ commanded us to address God thus: “Our Father”?

Answer: That immediately, in the very beginning of our prayer, he might excite in us a childlike reverence for, and confidence in God, which are the foundation of our prayer: namely, that God is become our Father in Christ, and will much less deny us what we ask of him in true faith, than our parents will refuse us earthly things. (a)

(a) Matt.7:9 Or what man is there of you, whom if his son ask bread, will he give him a stone? Matt.7:10 Or if he ask a fish, will he give him a serpent? Matt.7:11 If ye then, being evil, know how to give good gifts unto your children, how much more shall your Father which is in heaven give good things to them that ask him? Luke 11:11 If a son shall ask bread of any of you that is a father, will he give him a stone? or if he ask a fish, will he for a fish give him a serpent? Luke 11:12 Or if he shall ask an egg, will he offer him a scorpion? Luke 11:13 If ye then, being evil, know how to give good gifts unto your children: how much more shall your heavenly Father give the Holy Spirit to them that ask him?

Question 121. Why is it here added, “Which art in heaven”?

Answer: Lest we should form any earthly conceptions of God’s heavenly majesty, (a) and that we may expect from his almighty power all things necessary for soul and body. (b)

(a) Jer.23:23 Am I a God at hand, saith the LORD, and not a God afar off? Jer.23:24 Can any hide himself in secret places that I shall not see him? saith the LORD. Do not I fill heaven and earth? saith the LORD. Acts 17:24 God that made the world and all things therein, seeing that he is Lord of heaven and earth, dwelleth not in temples made with hands; Acts 17:25 Neither is worshipped with men’s hands, as though he needed any thing, seeing he giveth to all life, and breath, and all things; Acts 17:27 That they should seek the Lord, if haply they might feel after him, and find him, though he be not far from every one of us: (b) Rom.10:12 For there is no difference between the Jew and the Greek: for the same Lord over all is rich unto all that call upon him.

 

Question 122. Which is the first petition?

Answer: “Hallowed be thy name”; that is, grant us, first, rightly to know thee, (a) and to sanctify, glorify and praise thee, (b) in all thy works, in which thy power, wisdom, goodness, justice, mercy and truth, are clearly displayed; and further also, that we may so order and direct our whole lives, our thoughts, words and actions, that thy name may never be blasphemed, but rather honoured and praised on our account. (c)

(a) John 17:3 And this is life eternal, that they might know thee the only true God, and Jesus Christ, whom thou hast sent. Jer.9:24 But let him that glorieth glory in this, that he understandeth and knoweth me, that I am the LORD which exercise lovingkindness, judgment, and righteousness, in the earth: for in these things I delight, saith the LORD. Jer.31:33 But this shall be the covenant that I will make with the house of Israel; After those days, saith the LORD, I will put my law in their inward parts, and write it in their hearts; and will be their God, and they shall be my people. Jer.31:34 And they shall teach no more every man his neighbour, and every man his brother, saying, Know the LORD: for they shall all know me, from the least of them unto the greatest of them, saith the LORD: for I will forgive their iniquity, and I will remember their sin no more. Matt.16:17 And Jesus answered and said unto him, Blessed art thou, Simon Barjona: for flesh and blood hath not revealed it unto thee, but my Father which is in heaven. James 1:5 If any of you lack wisdom, let him ask of God, that giveth to all men liberally, and upbraideth not; and it shall be given him. Ps.119:105 Thy word is a lamp unto my feet, and a light unto my path. (b) Ps.119:137 Righteous art thou, O LORD, and upright are thy judgments. Luke 1:46 And Mary said, My soul doth magnify the Lord, Luke 1:47 And my spirit hath rejoiced in God my Saviour. Luke 1:68 Blessed be the Lord God of Israel; for he hath visited and redeemed his people, Luke 1:69 And hath raised up an horn of salvation for us in the house of his servant David; Rom.11:33 O the depth of the riches both of the wisdom and knowledge of God! how unsearchable are his judgments, and his ways past finding out! Rom.11:34 For who hath known the mind of the Lord? or who hath been his counsellor? Rom.11:35 Or who hath first given to him, and it shall be recompensed unto him again? Rom.11:36 For of him, and through him, and to him, are all things: to whom be glory for ever. Amen. (c) Ps.71:8 Let my mouth be filled with thy praise and with thy honour all the day. Ps.115:1 Not unto us, O LORD, not unto us, but unto thy name give glory, for thy mercy, and for thy truth’s sake.

 

Question 123. Which is the second petition?

Answer: “Thy kingdom come”; that is, rule us so by thy word and Spirit, that we may submit ourselves more and more to thee; (a) preserve and increase thy church; (b) destroy the works of the devil, and all violence which would exalt itself against thee; and also all wicked counsels devised against thy holy word; (c) till the full perfection of thy kingdom take place, (d) wherein thou shalt be all in all. (e)

(a) Matt.6:33 But seek ye first the kingdom of God, and his righteousness; and all these things shall be added unto you. Ps.119:5 O that my ways were directed to keep thy statutes! Ps.143:10 Teach me to do thy will; for thou art my God: thy spirit is good; lead me into the land of uprightness. (b) Ps.51:18 Do good in thy good pleasure unto Zion: build thou the walls of Jerusalem. Ps.122:6 Pray for the peace of Jerusalem: they shall prosper that love thee. Ps.122:7 Peace be within thy walls, and prosperity within thy palaces. Ps.122:8 For my brethren and companions’ sakes, I will now say, Peace be within thee. Ps.122:9 Because of the house of the LORD our God I will seek thy good. (c) 1 John 3:8 He that committeth sin is of the devil; for the devil sinneth from the beginning. For this purpose the Son of God was manifested, that he might destroy the works of the devil. Rom.16:20 And the God of peace shall bruise Satan under your feet shortly. The grace of our Lord Jesus Christ be with you. Amen. (d) Rev.22:17 And the Spirit and the bride say, Come. And let him that heareth say, Come. And let him that is athirst come. And whosoever will, let him take the water of life freely. Rev.22:20 He which testifieth these things saith, Surely I come quickly. Amen. Even so, come, Lord Jesus. Rom.8:22 For we know that the whole creation groaneth and travaileth in pain together until now. Rom.8:23 And not only they, but ourselves also, which have the firstfruits of the Spirit, even we ourselves groan within ourselves, waiting for the adoption, to wit, the redemption of our body. (e) 1 Cor.15:28 And when all things shall be subdued unto him, then shall the Son also himself be subject unto him that put all things under him, that God may be all in all.

 

Question 124. Which is the third petition?

Answer: “Thy will be done on earth as it is in heaven”; that is, grant that we and all men may renounce our own will, (a) and without murmuring obey thy will, which is only good; (b) that every one may attend to, and perform the duties of his station and calling, (c) as willingly and faithfully as the angels do in heaven. (d)

(a) Matt.16:24 Then said Jesus unto his disciples, If any man will come after me, let him deny himself, and take up his cross, and follow me. Tit.2:11 For the grace of God that bringeth salvation hath appeared to all men, Tit.2:12 Teaching us that, denying ungodliness and worldly lusts, we should live soberly, righteously, and godly, in this present world; (b) Luke 22:42 Saying, Father, if thou be willing, remove this cup from me: nevertheless not my will, but thine, be done. Eph.5:10 Proving what is acceptable unto the Lord. Rom.12:2 And be not conformed to this world: but be ye transformed by the renewing of your mind, that ye may prove what is that good, and acceptable, and perfect, will of God. (c) 1 Cor.7:24 Brethren, let every man, wherein he is called, therein abide with God. (d) Ps.103:20 Bless the LORD, ye his angels, that excel in strength, that do his commandments, hearkening unto the voice of his word. Ps.103:21 Bless ye the LORD, all ye his hosts; ye ministers of his, that do his pleasure.

 

Question 125. Which is the fourth petition?

Answer: “Give us this day our daily bread”; that is, be pleased to provide us with all things necessary for the body, (a) that we may thereby acknowledge thee to be the only fountain of all good, (b) and that neither our care nor industry, nor even thy gifts, can profit us without thy blessing; (c) and therefore that we may withdraw our trust from all creatures, and place it alone in thee. (d)

(a) Ps.104:27 These wait all upon thee; that thou mayest give them their meat in due season. Ps.104:28 That thou givest them they gather: thou openest thine hand, they are filled with good. Ps.145:15 The eyes of all wait upon thee; and thou givest them their meat in due season. Ps.145:16 Thou openest thine hand, and satisfiest the desire of every living thing. Matt.6:25 Therefore I say unto you, Take no thought for your life, what ye shall eat, or what ye shall drink; nor yet for your body, what ye shall put on. Is not the life more than meat, and the body than raiment? Matt.6:26 Behold the fowls of the air: for they sow not, neither do they reap, nor gather into barns; yet your heavenly Father feedeth them. Are ye not much better than they? (b) James 1:17 Every good gift and every perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow of turning. Acts 14:17 Nevertheless he left not himself without witness, in that he did good, and gave us rain from heaven, and fruitful seasons, filling our hearts with food and gladness. Acts 17:27 That they should seek the Lord, if haply they might feel after him, and find him, though he be not far from every one of us: Acts 17:28 For in him we live, and move, and have our being; as certain also of your own poets have said, For we are also his offspring. (c) 1 Cor.15:58 Therefore, my beloved brethren, be ye stedfast, unmoveable, always abounding in the work of the Lord, forasmuch as ye know that your labour is not in vain in the Lord. Deut.8:3 And he humbled thee, and suffered thee to hunger, and fed thee with manna, which thou knewest not, neither did thy fathers know; that he might make thee know that man doth not live by bread only, but by every word that proceedeth out of the mouth of the LORD doth man live. Ps.37:3 Trust in the LORD, and do good; so shalt thou dwell in the land, and verily thou shalt be fed. Ps.37:4 Delight thyself also in the LORD; and he shall give thee the desires of thine heart. Ps.37:5 Commit thy way unto the LORD; trust also in him; and he shall bring it to pass. Ps.37:16 A little that a righteous man hath is better than the riches of many wicked. Ps.127:1 <<A Song of degrees for Solomon.>> Except the LORD build the house, they labour in vain that build it: except the LORD keep the city, the watchman waketh but in vain. Ps.127:2 It is vain for you to rise up early, to sit up late, to eat the bread of sorrows: for so he giveth his beloved sleep. (d) Ps.55:23 But thou, O God, shalt bring them down into the pit of destruction: bloody and deceitful men shall not live out half their days; but I will trust in thee. Ps.62:11 God hath spoken once; twice have I heard this; that power belongeth unto God. Ps.146:3 Put not your trust in princes, nor in the son of man, in whom there is no help. Jer.17:5 Thus saith the LORD; Cursed be the man that trusteth in man, and maketh flesh his arm, and whose heart departeth from the LORD. Jer.17:7 Blessed is the man that trusteth in the LORD, and whose hope the LORD is.

 

Question 126. Which is the fifth petition?

Answer: “And forgive us our debts as we forgive our debtors”; that is, be pleased for the sake of Christ’s blood, not to impute to us poor sinners, our transgressions, nor that depravity, which always cleaves to us; (a) even as we feel this evidence of thy grace in us, that it is our firm resolution from the heart to forgive our neighbour. (b)

(a) Ps.51:1 <<To the chief Musician, A Psalm of David, when Nathan the prophet came unto him, after he had gone in to Bathsheba.>> Have mercy upon me, O God, according to thy lovingkindness: according unto the multitude of thy tender mercies blot out my transgressions. Ps.51:2 Wash me throughly from mine iniquity, and cleanse me from my sin. Ps.51:3 For I acknowledge my transgressions: and my sin is ever before me. Ps.51:4 Against thee, thee only, have I sinned, and done this evil in thy sight: that thou mightest be justified when thou speakest, and be clear when thou judgest. Ps.51:5 Behold, I was shapen in iniquity; and in sin did my mother conceive me. Ps.51:6 Behold, thou desirest truth in the inward parts: and in the hidden part thou shalt make me to know wisdom. Ps.51:7 Purge me with hyssop, and I shall be clean: wash me, and I shall be whiter than snow. Ps.143:2 And enter not into judgment with thy servant: for in thy sight shall no man living be justified. 1 John 2:1 My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous: 1 John 2:2 And he is the propitiation for our sins: and not for ours only, but also for the sins of the whole world. Rom.8:1 There is therefore now no condemnation to them which are in Christ Jesus, who walk not after the flesh, but after the Spirit. (b) Matt.6:14 For if ye forgive men their trespasses, your heavenly Father will also forgive you: Matt.6:15 But if ye forgive not men their trespasses, neither will your Father forgive your trespasses.

 

Question 127. Which is the sixth petition?

Answer: “And lead us not into temptation, but deliver us from evil”; that is, since we are so weak in ourselves, that we cannot stand a moment; (a) and besides this, since our mortal enemies, the devil, (b) the world, (c) and our own flesh, (d) cease not to assault us, do thou therefore preserve and strengthen us by the power of thy Holy Spirit, that we may not be overcome in this spiritual warfare, (e) but constantly and strenuously may resist our foes, till at last we obtain a complete victory. (f)

(a) John 15:5 I am the vine, ye are the branches: He that abideth in me, and I in him, the same bringeth forth much fruit: for without me ye can do nothing. Ps.103:14 For he knoweth our frame; he remembereth that we are dust. (b) 1 Pet.5:8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour: Eph.6:12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. (c) John 15:19 If ye were of the world, the world would love his own: but because ye are not of the world, but I have chosen you out of the world, therefore the world hateth you. (d) Rom.7:23 But I see another law in my members, warring against the law of my mind, and bringing me into captivity to the law of sin which is in my members. Gal.5:17 For the flesh lusteth against the Spirit, and the Spirit against the flesh: and these are contrary the one to the other: so that ye cannot do the things that ye would. (e) Matt.26:41 Watch and pray, that ye enter not into temptation: the spirit indeed is willing, but the flesh is weak. Mark 13:33 Take ye heed, watch and pray: for ye know not when the time is. (f) 1 Thess.3:13 To the end he may stablish your hearts unblameable in holiness before God, even our Father, at the coming of our Lord Jesus Christ with all his saints. 1 Thess.5:23 And the very God of peace sanctify you wholly; and I pray God your whole spirit and soul and body be preserved blameless unto the coming of our Lord Jesus Christ.

Question 128. How dost thou conclude thy prayer?

Answer: “For thine is the kingdom, and the power, and the glory, forever”; that is, all these we ask of thee, because thou, being our King and almighty, art willing and able to give us all good; (a) and all this we pray for, that thereby not we, but thy holy name, may be glorified for ever. (b)

(a) Rom.10:11 For the scripture saith, Whosoever believeth on him shall not be ashamed. Rom.10:12 For there is no difference between the Jew and the Greek: for the same Lord over all is rich unto all that call upon him. 2 Pet.2:9 The Lord knoweth how to deliver the godly out of temptations, and to reserve the unjust unto the day of judgment to be punished: (b) John 14:13 And whatsoever ye shall ask in my name, that will I do, that the Father may be glorified in the Son. Jer.33:8 And I will cleanse them from all their iniquity, whereby they have sinned against me; and I will pardon all their iniquities, whereby they have sinned, and whereby they have transgressed against me. Jer.33:9 And it shall be to me a name of joy, a praise and an honour before all the nations of the earth, which shall hear all the good that I do unto them: and they shall fear and tremble for all the goodness and for all the prosperity that I procure unto it. Ps.115:1 Not unto us, O LORD, not unto us, but unto thy name give glory, for thy mercy, and for thy truth’s sake.

Question 129. What does the word “Amen” signify?

Answer: “Amen” signifies, it shall truly and certainly be: for my prayer is more assuredly heard of God, than I feel in my heart that I desire these things of him. (a) (a) 2 Cor.1:20 For all the promises of God in him are yea, and in him Amen, unto the glory of God by us. 2 Tim.2:13 If we believe not, yet he abideth faithful: he cannot deny himself.

End of the Catechism

 

Tennessee Valley Authority Act (1933)

President Roosevelt signed the Tennessee Valley Authority Act on May 18, 1933, creating the TVA as a Federal corporation. The new agency was asked to tackle important problems facing the valley, such as flooding, providing electricity to homes and businesses, and replanting forests. Other TVA responsibilities written in the act included improving travel on the Tennessee River and helping develop the region’s business and farming. The establishment of the TVA marked the first time that an agency was directed to address the total resource development needs of a major region. TVA was challenged to take on—in one unified development effort—the problems presented by devastating floods, badly eroded lands, a deficient economy, and a steady out-migration. The most dramatic change in Valley life came from the electricity generated by TVA dams. Electric lights and modern appliances made life easier and farms more productive. Electricity also drew industries to the region, providing desperately needed jobs.

Today, TVA is the largest public power company in the United States. The agency also carefully runs the nation’s fifth-largest river system in order to control flooding, make rivers easier to travel, provide recreation, and protect water quality. As a Federal public power corporation, the TVA serves about 80,000 square miles in the southeastern United States. This area includes most of Tennessee and parts of six other states—Alabama, Mississippi, Kentucky, Virginia, North Carolina, and Georgia. TVA’s facilities for generating electric power include 29 hydroelectric dams, a pumped-storage plant, 11 coal-fired plants, 3 nuclear plants, and 4 combustion-turbine installations. These facilities provide over 27,000 megawatts of dependable generating capacity. TVA typically produces more than 130 billion kilowatt-hours of electricity a year, making it the largest electric power producer in the country. TVA provides electric power to 160 local, municipal, and cooperative power distributors through a network of about 17,000 miles of transmission lines.

 

 

Transcript of Tennessee Valley Authority Act (1933)

An Act to Improve the Navigability and to Provide for the Flood Control of the Tennessee River: To Provide for Reforestation and the Proper Use of Marginal Lands in the Tennessee Valley; to Provide for the Agricultural and Industrial Development of Said Valley; to Provide for the National Defense by the Creation of a Corporation for the Operation of Government Properties at and Near Muscle Shoals in the State of Alabama, and for Other Purposes May 18, 1933.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of the national defense and for agriculture and industrial development, and to improve navigation in the Tennessee River and to control the destructive flood waters in the Tennessee River and Mississippi River Basins, there is hereby created a body corporate by the name of the “Tennessee Valley Authority” (hereinafter referred to as the “Corporation”). The board of directors first appointed shall be deemed the incorporators and the incorporation shall be held to have been effected from the date of the first meeting of the board. This Act may be cited as the “Tennessee Valley Authority Act of 1933.”

Sec. 2. (a) The board of directors of the Corporation (hereinafter referred to as the “board”) shall be composed of three members, to be appointed by the President, by and with the advice and consent of the Senate. In appointing the members of the board, the President shall designate the chairman. All other officials, agents, and employees shall be designated and selected by the board.

(b) The terms of office of the members first taking office after the approval of this Act shall expire as designated by the President at the time of nomination, one at the end of the third year, one at the end of the sixth year, and one at the end of the ninth year, after the date of approval of this Act. A successor to a member of the board shall be appointed in the same manner as the original members and shall have a term of office expiring nine years from the date of the expiration of the term for which his predecessor was appointed.

(c) Any member appointed to fill a vacancy in the board occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.

(d) Vacancies in the board so long as there shall be two members in office shall not impair the powers of the board to execute the functions of the Corporation, and two of the members in office shall constitute a quorum for the transaction of the business of the board.

(e) Each of the members of the board shall be a citizen of the United States, and shall receive a salary at the rate of $10,000 a year, to be paid by the Corporation as current expenses. Each member of the board, in addition to his salary, shall be permitted to occupy as his residence one of the dwelling houses owned by the Government in the vicinity of Muscle Shoals, Alabama, the same to be designated by the President of the United States. Members of the board shall be reimbursed by the Corporation for actual expenses (including traveling and subsistence expenses) incurred by them in the performance of the duties vested in the board by this Act. No member of said board shall, during his continuance in office, be engaged in other business, but each member shall devote himself to the work of the Corporation .

(f) No director shall have financial interest in any public-utility corporation engaged in the business of distributing and selling power to the public nor in any corporation engaged in the manufacture, selling, or distribution of fixed nitrogen or fertilizer, or any ingredients thereof, nor shall any member have any interest in any business that may be adversely affected by the success of the Corporation as a producer of concentrated fertilizers or as a producer of electric power.

(g) The board shall direct the exercise of all the powers of the Corporation .

(h) All members of the board shall be persons who profess a belief in the feasibility and wisdom of this Act.

Sec. 3. The Board shall without regard to the provisions of Civil Service laws applicable to officers and employees of the United States, appoint such managers, assistant managers, officers, employees, attorneys, and agents, as are necessary for the transaction of its business, fix their compensation, define their duties, require bonds of such of them as the board may designate, and provide a system of organization to fix responsibility and promote efficiency. Any appointee of the board may be removed in the discretion of the board. No regular officer or employee of the Corporation shall receive a salary in excess of that received by the members of the board.

All contracts to which the Corporation is a party and which require the employment of laborers and mechanics in the construction, alteration, maintenance or repair of buildings, dams, locks, or other projects shall contain a provision that not less than the prevailing rate of wages for work of a similar nature prevailing in the vicinity shall be paid to such laborers or mechanics.

In the event any dispute arises as to what are the prevailing rates of wages, the question shall be referred to the Secretary of Labor for determination, and his decision shall be final. In the determination of such prevailing rate or rates, due regard shall be given to those rates which have been secured through collective agreement by representatives of employers and employees.

Where such work as is described in the two preceding paragraphs is done directly by the Corporation the prevailing rate of wages shall be paid in the same manner as though such work had been let by contract.

Insofar as applicable, the benefits of the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,” approved September 7, 1916, as amended, shall extend to persons given employment under the provisions of this Act.

Sec. 4. Except as otherwise specifically provided in this Act, the Corporation–

(a) Shall have succession in its corporate name.

(b) May sue and be sued in its corporate name.

(c) May adopt and use a corporate seal, which shall be judicially noticed.

(d) May make contracts, as herein authorized.

(e) May adopt, amend, and repeal bylaws.

(f) May purchase or lease and hold such real and personal property as it deems necessary or convenient in the transaction of its business, and may dispose of any such personal property held by it.

The board shall select a treasurer and as many assistant treasurers as it deems proper, which treasurer and assistant treasurers shall give such bonds for the safe-keeping of the securities and moneys of the said Corporation as the board may require: Provided, That any member of said board may be removed from office at any time by a concurrent resolution of the Senate and the House of Representatives.

(g) Shall have such powers as may be necessary or appropriate for the exercise of the powers herein specifically conferred upon the Corporation.

(h) Shall have power in the name of the United States of America to exercise the right of eminent domain, and in the purchase of any real estate or the condemnation of real estate by condemnation proceedings, the title to such real estate shall be taken in the name of the United States of America, and thereupon all such real estate shall be entrusted to the Corporation as the agent of the United States to accomplish the purposes of this Act.

(i) Shall have power to acquire real estate for the construction of dams, reservoirs, transmission lines, power houses, and other structures, and navigation projects at any point along the Tennessee River, or any of its tributaries, and in the event that the owner or owners of such property shall fail and refuse to sell to the Corporation at a price deemed fair and reasonable by the board, then the Corporation may proceed to exercise the right of eminent domain, and to condemn all property that it deems necessary for carrying out the purposes of this Act, and all such condemnation proceedings shall be had pursuant to the provisions and requirements hereinafter specified, with reference to any and all condemnation proceedings.

(i) Shall have power to construct dams, reservoirs, power houses, power structures, transmission lines, navigation projects, and incidental works in the Tennessee River and its tributaries, and to unite the various power installations into one or more systems by transmission lines.

Sec. 5. The board is hereby authorized–

(a) To contract with commercial producers for the production of such fertilizers or fertilizer materials as may be needed in the Government’s program of development and introduction in excess of that produced by Government plants. Such contracts may provide either for outright purchase of materials by the board or only for the payment of carrying charges on special materials manufactured at the board’s request for its program.

(b) To arrange with farmers and farm organizations for large scale practical use of the new forms of fertilizers under conditions permitting an accurate measure of the economic return they produce.

(c) To cooperate with National, State, district, or county experimental stations or demonstration farms, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction.

(d) The board in order to improve and cheapen the production of fertilizer is authorized to manufacture and sell fixed nitrogen, fertilizer, and fertilizer ingredients at Muscle Shoals by the employment of existing facilities, by modernizing existing plants, or by any other process or processes that in its judgment shall appear wise and profitable for the fixation of atmospheric nitrogen or the cheapening of the production of fertilizer.

(e) Under the authority of this Act the board may make donations or sales of the product of the plant or plants operated by it to be fairly and equitably distributed through the agency of county demonstration agents, agricultural colleges, or otherwise as the board may direct, for experimentation, education, and introduction of the use of such products in cooperation with practical farmers so as to obtain information as to the value, effect, and best methods of their use.

(f) The board is authorized to make alterations, modifications, or improvements in existing plants and facilities, and to construct new plants.

(g) In the event it is not used for the fixation of nitrogen for agricultural purposes or leased, then the board shall maintain in stand-by condition nitrate plant numbered 2, or its equivalent, for the fixation of atmospheric nitrogen, for the production of explosives in the event of war or a national emergency until the Congress shall by joint resolution release the board from this obligation, and if any part thereof be used by the board for the manufacture or phosphoric acid or potash, the balance of nitrate plant numbered 2 shall be kept in stand-by condition.

(h) To establish, maintain, and operate laboratories and experimental plants, and to undertake experiments for the purpose of enabling the Corporation to furnish nitrogen products for military purposes, and nitrogen and other fertilizer products for agricultural purposes in the most economical manner and at the highest standard of efficiency.

(i) To request the assistance and advice of any officer, agent, or employee of any executive department or of any independent office of the United States, to enable the Corporation the better to carry out its powers successfully, and as far as practicable shall utilize the services of such officers, agents, and employees, and the President shall, if in his opinion, the public interest, service, or economy so require, direct that such assistance, advice, and service be rendered to the Corporation, and any individual that may be by the President directed to render such assistance, advice, and service shall be thereafter subject to the orders, rules, and regulations of the board: Provided, That any invention or discovery made by virtue of and incidental to such service by an employee of the Government of the United States serving under this section, or by any employee of the Corporation, together with any patents which may be granted thereon, shall be the sole and exclusive property of the Corporation, which is hereby authorized to grant licenses thereunder as shall be authorized by the board: Provided further, That the board may pay to such inventor such sum from the income from sale of licenses as it may deem proper.

(j) Upon the requisition of the Secretary of War or the Secretary of the Navy to manufacture for and sell at cost to the United States explosives or their nitrogenous content.

(k) Upon the requisition of the Secretary of War the Corporation shall allot and deliver without charge to the War Department so much power as shall be necessary in the judgment of said Department for use in operation of all locks, lifts, or other facilities in aid of navigation.

(l) To produce, distribute, and sell electric power, as herein particularly specified.

(m) No products of the Corporation shall be sold for use outside of the United States, its Territories and possessions, except to the United States Government for the use of its Army and Navy, or to its allies in case of war.

(n) The President is authorized, within twelve months after the passage of this Act, to lease to any responsible farm organization or to any corporation organized by it nitrate plant number 2 and Waco Quarry, together with the railroad connecting said quarry with nitrate plant number 2, for a term not exceeding fifty years at a rental of not less than $1 per year, but such authority shall be subject to the express condition that the lessee shall use said property during the term of said lease exclusively for the manufacture of fertilizer and fertilizer ingredients to be used only in the manufacture of fertilizer by said lessee and sold for use as fertilizer. The said lessee shall covenant to keep said property in first-class condition, but the lessee shall be authorized to modernize said plant numbered 2 by the installation of such machinery as may be necessary, and is authorized to amortize the cost of said machinery and improvements over the term of said lease or any part thereof. Said lease shall also provide that the board shall sell to the lessee power for the operation of said plant at the same schedule of prices that it charges all other customers for power of the same class and quantity. Said lease shall also provide that if the said lessee does not desire to buy power of the publicly owned plant it shall have the right to purchase power for the operation of said plant of the Alabama Power Company or any other publicly or privately owned corporation engaged in the generation and sale of electrical power, and in such case the lease shall provide further that the said lessee shall have a free right of way to build a transmission line over Government property to said plant paying the actual expenses and damages, if any, incurred by the Corporation on account of such line. Said lease shall also provide that the said lessee shall covenant that during the term of said lease the said lessee shall not enter into any illegal monopoly, combination, or trust with any privately owned corporation engaged in the manufacture, production, and sale of fertilizer with the object or effect of increasing the price of fertilizer to the farmer.

Sec. 6. In the appointment of officials and the selection of employees for said Corporation, and in the promotion of any such employees or officials, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. Any member of said board who is found by the President of the United States to be guilty of a violation of this section shall be removed from office by the President of the United States, and any appointee of said board who is found by the board to be guilty of a violation of this section shall be removed from office by said board.

Sec. 7. In order to enable the Corporation to exercise the powers and duties vested in it by this Act–

(a) The exclusive use, possession, and control of the United States nitrate plants numbered 1 and 2, including steam plants, located, respectively, at Sheffield, Alabama, and Muscle Shoals, Alabama, together with all real estate and buildings connected therewith, all tools and machinery, equipment, accessories, and materials belonging thereto, and all laboratories and plants used as auxiliaries thereto; the fixed-nitrogen research laboratory, the Waco limestone quarry, in Alabama, and Dam Numbered 2, located at Muscle Shoals, its power house, and all hydroelectric and operating appurtenances (except the locks), and all machinery, lands, and buildings in connection therewith, and all appurtenances thereof, and all other property to be acquired by the Corporation in its own name or in the name of the United States of America, are hereby intrusted to the Corporation for the purposes of the Act.

(b) The President of the United States is authorized to provide for the transfer to the Corporation of the use, possession, and control of such other real or personal property of the United States as he may from time to time deem necessary and proper for the purposes of the Corporation as herein stated.

Sec. 8. (a) The Corporation shall maintain its principal office in the immediate vicinity of Muscle Shoals, Alabama. The Corporation shall be held to be an inhabitant and resident of the northern judicial district of Alabama within the meaning of the laws of the United States relating to the venue of civil suits.

(b) The Corporation shall at all times maintain complete and accurate books of accounts.

(c) Each member of the board, before entering upon the duties of his office, shall subscribe to an oath (or affirmation) to support the Constitution of the United States and to faithfully and impartially perform the duties imposed upon him by this Act.

Sec. 9. (a) The board shall file with the President and with the Congress, in December of each year, a financial statement and a complete report as to the business of the Corporation covering the preceding governmental fiscal] year. This report shall include an itemized statement of the cost of power al each power station, the total number of employees and the names, salaries, and duties of those receiving compensation at the rate of more than $1,500 a year.

(b) The Comptroller General of the United States shall audit the transactions of the Corporation at such times as he shall determine, but not less frequently than once each governmental fiscal year, with personnel of his selection. In such connection he and his representatives shall have free and open access to all papers, books, records, files, accounts, plants, warehouses offices, and all other things, property and places belonging to or under the control of or used or employed by the Corporation, and shall be afforded full facilities for counting all cash and verifying transactions with and balance in depositaries. He shall make report of each such audit in quadruplicate, one copy for the President of the United States, one for the chairman of the board one for public inspection at the principal office of the Corporation, and the other to be retained by him for the uses of the Congress. The expenses for each such audit may be paid from moneys advanced therefor by the Corporation, or from any appropriation or appropriations for the General Accounting Office, and appropriations so used shall be reimbursed promptly by the Corporation as billed by the Comptroller General. All such audit expenses shall be charged to operating expenses of the Corporation. The Comptroller General shall make special report to the President of the United States and to the Congress of any transaction or condition found by him to be in conflict with the powers or duties intrusted to the Corporation by law.

Sec. 10. The board is hereby empowered and authorized to sell the surplus power not used in its operations, and for operation of locks and other works generated by it, to States, counties, municipalities, corporations, partnerships, or individuals, according to the policies hereinafter set forth- and to carry out said authority, the board is authorized to enter into contracts for such sale for a term not exceeding twenty years, and in the sale of such current by the board it shall give preference to States, counties, municipalities, and cooperative organizations of citizens or farmers, not organized or doing business for profit, but primarily for the purpose of supplying electricity to its own citizens or members: Provided, That all contracts made with private companies or individuals for the sale of power, which is to be resold for a profit, shall contain a provision authorizing the board to cancel said contract upon five years’ notice in writing, if the board needs said power to supply the demands of States, counties, or municipalities. In order to promote and encourage the fullest possible use of electric light and power on farms within reasonable distance of any of its transmission lines the board in its discretion shall have power to construct transmission lines to farms and small villages that are not otherwise supplied with electricity at reasonable rates, and to make such rules and regulations governing such sale and distribution of such electric power as in its judgment may be just and equitable: Provided further That the board is hereby authorized and directed to make studies, experiments, and determinations to promote the wider and better use of electric power for agricultural and domestic use, or for small or local industries, and it may cooperate with State governments, or their subdivisions or agencies with educational or research institutions, and with cooperatives or other organizations, in the application of electric power to the fuller and better balanced development of the resources of the region.

Sec. 11. It is hereby declared to be the policy of the Government so far as practical to distribute and sell the surplus power generated at Muscle Shoals equitably among the States, counties, and municipalities within transmission distance. This policy is further declared to be that the projects herein provided for shall be considered primarily as for the benefit of the people of the section as a whole and particularly the domestic and rural consumers to whom the power can economically be made available, and accordingly that sale to and use by industry shall be a secondary purpose, to be utilized principally to secure a sufficiently high load factor and revenue returns which will permit domestic and rural use at the lowest possible rates and in such manner as to encourage increased domestic and rural use of electricity. It is further hereby declared to be the policy of the Government to utilize the Muscle Shoals properties so far as may be necessary to improve, increase, and cheapen the production of fertilizer and fertilizer ingredients by carrying out the provisions of this Act.

Sec. 12. In order to place the board upon a fair basis for making such Contracts and for receiving bids for the sale of such power, it is hereby expressly authorized, either from appropriations made by Congress or from funds secured from the sale of such power, or from funds secured by the sale of bonds hereafter provided for, to construct, lease, purchase, or authorize the construction of transmission lines within transmission distance from the place where generated, and to interconnect with other systems. The board is also authorized to lease to any person, persons, or corporation the use of any transmission line owned by the Government and operated by the board, but no such lease shall be made that in any way interferes with the use of such transmission line by the board: Provided, That if any State, county, municipality, or other public or cooperative organization of citizens or farmers, not organized or doing business for profit, but primarily for the purpose of supplying electricity to its own citizens or members, or any two or more of such municipalities or organizations, shall construct or agree to construct and maintain a properly designed and built transmission line to the Government reservation upon which is located a Government generating plant, or to a main transmission line owned by the Government or leased by the board and under the control of the board, the board is hereby authorized and directed to contract with such State, county, municipality, or other organization, or two or more of them, for the sale of electricity for a term not exceeding thirty years; and in such case the board shall give to such State, county, municipality, or other organization ample time to fully comply with any local law now in existence or hereafter enacted providing for the necessary legal authority for such State, county, municipality, or other organization to contract with the board for such power: Provided further, That all contracts entered into between the Corporation and any municipality or other political subdivision or cooperative organization shall provide that the electric power shall be sold and distributed to the ultimate consumer without discrimination as between consumers of the same class, and such contract shall be voidable at the election of the board if a discriminatory rate, rebate, or other special concession is made or given to any consumer or user by the municipality or other political subdivision or cooperative organization: And provided further, That as to any surplus power not so sold as above provided to States, counties, municipalities, or other said organizations, before the board shall sell the same to any person or corporation engaged in the distribution and resale of electricity for profit, it shall require said person or corporation to agree that any resale of such electric power by said person or corporation shall be made to the ultimate consumer of such electric power at prices that shall not exceed a schedule fixed by the board from time to time as reasonable, just, and fair; and in case of any such sale, if an amount is charged the ultimate consumer which is in excess of the price so deemed to be just, reasonable, and fair by the board the contract for such sale between the board and such distributor of electricity shall be voidable at the election of the board: And provided further, That the board is hereby authorized to enter into contracts with other power systems for the mutual exchange of unused excess power upon suitable terms, for the conservation of stored water, and as an emergency or break-down relief.

Sec. 13. Five per centum of the gross proceeds received by the board for the sale of power generated at Dam Numbered 2, or from any other hydropower plant hereafter constructed in the State of Alabama, shall be paid to the State of Alabama; and 5 per centum of the gross proceeds from the sale of power generated at Cove Creek Dam, hereinafter provided for, or any other dam located in the State of Tennessee, shall be paid to the State of Tennessee. Upon the completion of said Cove Creek Dam the board shall ascertain how much additional power is thereby generated at Dam Numbered 2 and at any other dam hereafter constructed by the Government of the United States on the Tennessee River, in the State of Alabama, or in the State of Tennessee, and from the gross proceeds of the sale of such additional power two and a half per centum shall be paid to the State of Alabama and 2 and a half per centum to the State of Tennessee. These percentages shall apply to any other dam that may hereafter be constructed and controlled and operated by the board on the Tennessee River or any of its tributaries, the main purpose of which is to control flood waters and where the development of electric power is incidental to the operation of such flood-control dam. In ascertaining the gross proceeds from the sale of such power upon which a percentage is paid to the States of Alabama and Tennessee, the board shall not take into consideration the proceeds of any power sold or delivered to the Government of the United States, or any department or agency of the Government of the United States used in the operation of any locks on the Tennessee River or for any experimental purpose, or for the manufacture of fertilizer or any of the ingredients thereof, or for any other governmental purpose: Provided, That the percentages to be paid to the States of Alabama and Tennessee, as provided in this section, shall be subject to revision and change by the board, and any new percentages established by the board, when approved by the President, shall remain in effect until and unless again changed by the board with the approval of the President. No change of said percentages shall be made more often than once in five years, and no change shall be made without giving to the States of Alabama and Tennessee an opportunity to be heard.

Sec. 14. The board shall make a thorough investigation as to the present value of Dam Numbered 2, and the steam plants at nitrate plant numbered 1, and nitrate plant numbered 2, and as to the cost of Cove Creek Dam, for the purpose of ascertaining how much of the value or the cost of said properties shall be allocated and charged up to (1) flood control, (2) navigation, (3) fertilizer (4) national defense, and (5) the development of power. The findings thus made by the board, when approved by the President of the United States, shall be final, and such findings shall thereafter be used in all allocation of value for the purpose of keeping the book value of said properties. In a like manner, the cost and book value of any dams, steam plants, or other similar improvements hereafter constructed and turned over to said board for the purpose of control and management shall be ascertained and allocated.

Sec. 15. In the construction of any future dam, steam plant, or other facility, to be used in whole or in part for the generation or transmission of electric power the board is hereby authorized and empowered to issue on the credit of the United States and to sell serial bonds not exceeding $50,000,000 in amount, having a maturity not more than fifty years from the date of issue thereof, and bearing interest not exceeding 3-1/2 per centum per annum. Said bonds shall be issued and sold in amounts and prices approved by the Secretary of the Treasury, but all such bonds as may be so issued and sold shall have equal rank. None of said bonds shall be sold below par, and no fee, commission, or compensation whatever shall be paid to any person, firm, or corporation for handling, negotiating the sale, or selling the said bonds. All of such bonds so issued and sold shall have all the rights and privileges accorded by law to Panama Canal bonds, authorized by section 8 of the Act of June 28, 1902, chapter 1302, as amended by the Act of December 21, 1905 (ch. 3, sec. 1, 34 Stat. 5), as now compiled in section 743 of title 31 of the United States Code. All funds derived from the sale of such bonds shall be paid over to the Corporation.

Sec. 16. The board, whenever the President deems it advisable, is hereby empowered and directed to complete Dam Numbered 2 at Muscle Shoals Alabama, and the steam plant at nitrate plant numbered 2, in the vicinity of Muscle Shoals, by installing in Dam Numbered 2 the additional power units according to the plans and specifications of said dam, and the additional power unit in the steam plant at nitrate plant numbered 2. Sec. 17. The Secretary of War, or the Secretary of the Interior, is hereby authorized to construct, either directly or by contract to the lowest responsible bidder, after due advertisement, a dam in and across Clinch River in the State of Tennessee, which has by long custom become known and designates as the Cove Creek Dam, together with a transmission line from Muscle Shoals, according to the latest and most approved designs, including power house and hydroelectric installations and equipment for the generation of power, in order that the waters of the said Clinch River may be impounded and stored above said dam for the purpose of increasing and regulating the flow of the Clinch River and the Tennessee River below, so that the maximum amount of primary power may be developed at Dam Numbered 2 and at any and all other dams below the said Cove Creek Dam: Provided, however, That the President is hereby authorized by appropriate order to direct the employment by the Secretary of War, or by the Secretary of the Interior, of such engineer or engineers as he may designate, to perform such duties and obligations as he may deem proper, either in the drawing of plans and specifications for said dam, or to perform any other work in the building or construction of the same. The President may, by such order, place the control of the construction of said dam in the hands of such engineer or engineers taken from private life as he may desire: And provided further, That the President is hereby expressly authorized, without regard to the restriction or limitation of any other statute, to select attorneys and assistants for the purpose of making any investigation he may deem proper to ascertain whether, in the control and management of Dam Numbered 2, or any other dam or property owned by the Government in the Tennessee River Basin, or in the authorization of any improvement therein, there has been any undue or unfair advantage given to private persons, partnerships, or corporations, by any officials or employees of the Government, or whether in any such matters the Government has been injured or unjustly deprived of any of its rights.

Sec. 18. In order to enable and empower the Secretary of War, the Secretary of the Interior, or the board to carry out the authority hereby conferred, in the most economical and efficient manner, he or it is hereby authorized and empowered in the exercise of the powers of national defense in aid of navigation, and in the control of the flood waters of the Tennessee and Mississippi Rivers, constituting channels of interstate commerce, to exercise the right of eminent domain for all purposes of this Act, and to condemn all lands, easements, rights of way, and other area necessary in order to obtain a site for said Cove Creek Dam, and the flowage rights for the reservoir of water above said dam, and to negotiate and conclude contracts with States, counties, municipalities, and all State agencies and with railroads, railroad corporations, common carriers, and all public utility commissions and any other person, firm or corporation, for the relocation of railroad tracks, highways, highway bridges, mills, ferries, electric-light plants, and any and all other properties, enterprises, and projects whose removal may be necessary in order to carry out the provisions of this Act. When said Cove Creek Dam, transmission line, and power house shall have been completed, the possession, use, and control thereof shall be intrusted to the Corporation for use and operation in connection with the general Tennessee Valley project, and to promote flood control and navigation in the Tennessee River.

Sec. 19. The Corporation, as an instrumentality and agency of the Government of the United States for the purpose of executing its constitutional powers, shall have access to the Patent Office of the United States for the purpose of studying, ascertaining, and copying all methods, formulae, and scientific information (not including access to pending applications for patents) necessary to enable the Corporation to use and employ the most efficacious and economical process for the production of fixed nitrogen, or any essential ingredient of fertilizer, or any method of improving and cheapening the production of hydroelectric power, and any owner of a patent whose patent rights may have been thus in any way copied, used, infringed, or employed by the exercise of this authority by the Corporation shall have as the exclusive remedy a cause of action against the Corporation to be instituted and prosecuted on the equity side of the appropriate district court of the United States, for the recovery of reasonable compensation for such infringement. The Commissioner of Patents shall furnish to the Corporation, at its request and without payment of fees, copies of documents on file in his office: Provided, That the benefits of this section shall not apply to any art, machine, method of manufacture, or composition of matter, discovered or invented by such employee during the time of his employment or services with the Corporation or with the Government of the United States .

Sec. 20. The Government of the United States hereby reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the property described or referred to in this Act for the purpose of manufacturing explosives or for other war purposes; but, if this right is exercised by the Government, it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the purchase of electric power or fixed nitrogen or fertilizer ingredients is hereby violated, after the amount of the damages has been fixed by the United States Court of Claims in proceedings instituted and conducted for that purpose under rules prescribed by the court.

Sec. 21. (a) All general penal statutes relating to the larceny, embezzlement, conversion, or to the improper handling, retention, use, or disposal of public moneys or property of the United States, shall apply to the moneys and property of the Corporation and to moneys and properties of the United States intrusted to the Corporation.

(b) Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both.

(c) Any person who shall receive any compensation, rebate, or reward, or shall enter into any conspiracy, collusion, or agreement, express or implied, with intent to defraud the Corporation or wrongfully and unlawfully to defeat its purposes, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both.

Sec. 22. To aid further the proper use, conservation, and development of the natural resources of the Tennessee River drainage basin and of such adjoining territory as may be related to or materially affected by the development consequent to this Act, and to provide for the general welfare of the citizens of said areas, the President is hereby authorized, by such means or methods as he may deem proper within the limits of appropriations made therefor by Congress, to make such surveys of and general plans for said Tennessee basin and adjoining territory as may be useful to the Congress and to the several States in guiding and controlling the extent, sequence, and nature of development that may be equitably and economically advanced through the expenditure of public funds, or through the guidance or control of public authority, all for the general purpose of fostering an orderly and proper physical, economic, and social development of said areas; and the President is further authorized in making said surveys and plans to cooperate with the States affected thereby, or subdivisions or agencies of such States, or with cooperative or other organizations, and to make such studies, experiments, or demonstrations as may be necessary and suitable to that end.

Sec. 23. The President shall, from time to time, as the work provided for in the preceding section progresses, recommend to Congress such legislation as he deems proper to carry out the general purposes stated in said section, and for the especial purpose of bringing about in said Tennessee drainage basin and adjoining territory in conformity with said general purposes (1) the maximum amount of flood control; (2) the maximum development of said Tennessee River for navigation purposes; (3) the maximum generation of electric power consistent with flood control and navigation; (4) the proper use of marginal lands; (5) the proper method of reforestation of all lands in said drainage basin suitable for reforestation; and (6) the economic and social well-being of the people living in said river basin.

Sec. 24. For the purpose of securing any rights of flowage, or obtaining title to or possession of any property, real or personal, that may be necessary or may become necessary, in the carrying out of any of the provisions of this Act, the President of the United States for a period of three years from the date of the enactment of this Act, is hereby authorized to acquire title in the name of the United States to such rights or such property, and to provide for the payment for same by directing the board to contract to deliver power generated at any of the plants now owned or hereafter owned or constructed by the Government or by said Corporation, such future delivery of power to continue for a period not exceeding thirty years. Likewise, for one year after the enactment of this Act, the President is further authorized to sell or lease any parcel or part of any vacant real estate now owned by the Government in said Tennessee River Basin, to persons, firms, or corporations who shall contract to erect thereon factories or manufacturing establishments, and who shall contract to purchase of said Corporation electric power for the operation of any such factory or manufacturing establishment. No contract shall be made by the President for the sale of any of such real estate as may be necessary for present or future use on the part of the Government for any of the purposes of this Act. Any such contract made by the President of the United States shall be carried out by the board: Provided, That no such contract shall be made that will in any way abridge or take away the preference right to purchase power given in this Act to States, counties, municipalities, or farm organizations: Provided further, That no lease shall be for a term to exceed fifty years: Provided further, That any sale shall be on condition that said land shall be used for industrial purposes only.

Sec. 25. The Corporation may cause proceedings to be instituted for the acquisition by condemnation of any lands, easements, or rights of way which, in the opinion of the Corporation, are necessary to carry out the provisions of this Act. The proceedings shall be instituted in the United States district court for the district in which the land, easement, right of way, or other interest, or any part thereof, is located, and such court shall have full jurisdiction to divest the complete title to the property sought to be acquired out of all persons or claimants and vest the same in the United States in fee simple, and to enter a decree quieting the title thereto in the United States of America.

Upon the filing of a petition for condemnation and for the purpose of ascertaining the value of the property to be acquired, and assessing the compensation to be paid, the court shall appoint three commissioners who shall be disinterested persons and who shall take and subscribe an oath that they do not own any lands, or interest or easement in any lands, which it may be desirable for the United States to acquire in the furtherance of said project and such commissioners shall not be selected from the locality wherein the land sought to be condemned lies. Such commissioners shall receive a per diem of not to exceed $15 for their services, together with an additional amount of $5 per day for subsistence for time actually spent in performing their duties as commissioners.

It shall be the duty of such commissioners to examine into the value of the lands sought to be condemned, to conduct hearings and receive evidence, and generally to take such appropriate steps as may be proper for the determination of the value of the said lands sought to be condemned, and for such purpose the commissioners are authorized to administer oaths and subpoena witnesses, which said witnesses shall receive the same fees as are provided for witnesses in the Federal courts. The said commissioners shall thereupon file a report setting forth their conclusions as to the value of the said property sought to be condemned, making a separate award and valuation in the premises with respect to each separate parcel involved. Upon the filing of such award in court the clerk of said court shall give notice of the filing of such award to the parties to said proceeding, in manner and form as directed by the judge of said court.

Either or both parties may file exceptions to the award of said commissioners within twenty days from the date of the filing of said award in court. Exceptions filed to such award shall be heard before three Federal district judges unless the parties, in writing, in person, or by their attorneys, stipulate that the exceptions may be heard before a lesser number of judges. On such hearing such judges shall pass de novo upon the proceedings had before the commissioners, may view the property, and may take additional evidence. Upon such hearings the said judges shall file their own award, fixing therein the value of the property sought to be condemned, regardless of the award previously made by the said commissioners.

At any time within thirty days from the filing of the decision of the district judges upon the hearing on exceptions to the award made by the commissioners, either party may appeal from such decision of the said judges to the circuit court of appeals, and the said circuit court of appeals shall upon the hearing on said appeal dispose of the same upon the record, without regard to the awards or findings theretofore made by the commissioners or the district judges, and such circuit court of appeals shall thereupon fix the value of the said property sought to be condemned.

Upon acceptance of an award by the owner of any property herein provided to be appropriated, and the payment of the money awarded or upon the failure of either party to file exceptions to the award of the commissioners within the time specified, or upon the award of the commissioners, and the payment of the money by the United States pursuant thereto, or the payment of the money awarded into the registry of the court by the Corporation, the title to said property and the right to the possession thereof shall pass to the United States, and the United States shall be entitled to a writ in the same proceeding to dispossess the former owner of said property, and all lessees, agents, and attorneys of such former owner, and to put the United States, by its corporate creature and agent, the Corporation, into possession of said property.

In the event of any property owned in Whole or in part by minors, or insane persons, or incompetent persons, or estates of deceased persons, then the legal representatives of such minors, insane persons, incompetent persons, or estates shall have power, by and with the consent and approval of the trial judge in whose court said matter is for determination, to consent to or reject the awards of the commissioners herein provided for, and in the event that there be no legal representatives, or that the legal representatives for such minors, insane persons, or incompetent persons shall fail or decline to act, then such trial judge may, upon motion, appoint a guardian ad litem to act for such minors, insane persons, or incompetent persons, and such guardian ad litem shall act to the full extent and to the same purpose and effect as his ward could act, if competent, and such guardian ad litem shall be deemed to have full power and authority to respond, to conduct, or to maintain any proceeding herein provided for affecting his said ward.

Sec. 26. The net proceeds derived by the board from the sale of power and any of the products manufactured by the Corporation, after deducting the cost of operation, maintenance, depreciation, amortization, and an amount deemed by the board as necessary to withhold as operating capital, or devoted by the board to new construction, shall be paid into the Treasury of the United States at the end of each calendar year.

Sec. 27. All appropriations necessary to carry out the provisions of this Act are hereby authorized.

Sec. 28. That all Acts or parts of Acts in conflict herewith are hereby repealed, so far as they affect the operations contemplated by this Act.

Sec. 29. The right to alter, amend, or repeal this Act is hereby expressly declared and reserved, but no such amendment or repeal shall operate to impair the obligation of any contract made by said Corporation under any power conferred in this Act.

Sec. 30. The sections of this Act are hereby declared to be separable, and in the event any one or more sections of this Act be held to be unconstitutional, the same shall not affect the validity of other sections of this Act. Approved, May 18, 1933.

Social Security Act Amendments (1965)

In 1965, the passage of the Social Security Act Amendments, popularly known as Medicare, resulted in a basic program of hospital insurance for persons aged 65 and older, and a supplementary medical insurance program to aid the elderly in paying doctor bills and other health care bills. It was funded by a tax on the earnings of employees, matched by contributions by employers, and was well received. In the first three years of the program, nearly 20 million beneficiaries enrolled in it.

Debate over the program actually began two decades earlier when President Harry S. Truman sent a message to Congress asking for legislation establishing a national health insurance plan. At that time, vocal opponents warned of the dangers of “socialized medicine.” By the end of the Truman’s administration, he had backed off from a plan of universal coverage, but administrators in the Social Security system and others began to focus on the idea of a program aimed at insuring Social Security beneficiaries whose numbers and needs were growing.

The 1950 census showed that the aged population in the United States had grown from 3 million in 1900 to 12 million in 1950. Two-thirds of older Americans had incomes of less than $1,000 annually, and only one in eight had health insurance. Between 1950 and 1963, the aged population grew from about 12 million to 17.5 million, or from 8.1 to 9.4 percent of the U.S. population. At the same time, the cost of hospital care was rising at a rate of about 6.7 percent a year, several times the annual increase in the cost of living, and health care costs were rapidly outpacing growth in the incomes of older Americans.

Private insurers had long considered this illness-prone population a “bad risk.” A broad debate about the need for a social insurance program to provide older Americans with reliable health care coverage started within the Social Security Administration and in Congress. Public hearings were held, and the House of Representatives considered several proposals, but the debate did not intensify until 1960, when it became clear that private insurers were becoming increasingly incapable of providing comprehensive, affordable health care coverage to the rapidly growing population of older adults. Between 1960 and 1965, the health coverage debate was a front burner issue in Congress, with dozens of proposals introduced and testimonies given by representatives of major organizations, including the American Hospital Association, the American Medical Association, and the AFL-CIO.

After Congress passed the legislation in the summer of 1965, President Lyndon Johnson decided to sign the bill with former President Truman at the Truman Presidential Library in Independence, MO, in order to recognize Truman’s early effort to establish a national health insurance program. On July 30, 1965, Air Force One departed for Missouri with the President; Mrs. Johnson; George Meany, president of the AFL-CIO; Secretary of Health, Education and Welfare Anthony Celebrezze; Governor John Connally of Texas; 13 U.S. Senators; and 19 U.S. Representatives. President Johnson and his party were met by President and Mrs. Truman at the Truman Library in Independence. They visited for some time before moving on to the platform in the auditorium of the library for the bill signing. After some brief remarks, President Johnson signed into law the Medicare Social Security Amendments. Johnson gave the first souvenir pen to Mrs. Truman and the next to President Truman and then the remainder of the pens to guests on the platform.

 

 

 

 

Transcript of Social Security Act Amendments (1965)

AN ACT

To provide a hospital insurance program for the aged under the Social Security Act with a supplementary medical benefits program and an extended program of medical assistance, to increase benefits under the Old-Age, Survivors, and Disability Insurance System, to improve the Federal-State public assistance programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the “Social Security Amendments of 1965”.

TABLE OF CONTENTS

TITLE I—HEALTH INSURANCE FOB THE AGED AND MEDICAL ASSISTANCE
SEC. 100. Short title.

PART I—HEALTH INSURANCE BENEFITS FOR THE AGED
SEC. 101. Entitlement to hospital Insurance benefits.
SEC. 102. Hospital insurance benefits and supplementary medical Insurance benefits.

TITLE XVIII—HEALTH INSURANCE FOR THE AGED
SEC. 1801. Prohibition against any Federal interference.
SEC. 1802. Free choice by patient guaranteed.
SEC. 1808. Option to Individuals to obtain other health insurance protection.

PART A—HOSPITAL INSURANCE BENEFITS FOR THE AGED
SEC. 1811. Description of program.
SEC. 1812. Scope of benefits.
SEC. 1818. Deductibles and coinsurance.
SEC. 1814. Conditions of and limitations on payment for services.
(a) Requirement of requests and certifications.
(b) Reasonable cost of services.
(c) No payments to Federal providers of services.
(d) Payments for emergency hospital services.
(e) Payment for Inpatient hospital services prior to notification of noneligibility.
(f) Payment for certain emergency hospital services furnished outside the United States.
SEC. 1815. Payment to providers of services
SEC. 1816. Use of public agencies or private organizations to facilitate payment to providers of services.
SEC. 1817. Federal hospital insurance trust fund.

PARTT B—SUPPLEMENTARY MEDICAL INSURANCE BENEFITS FOR THE AGED
SEC. 1831. Establishment of supplementary medical insurance program for the aged.
SEC. 1832. Scope of benefits.
SEC. 1838. Payment of benefits.
SEC. 1834. Limitation on home health services.
SEC. 1885. Procedure for payment of claims of providers of services.
SEC. 1886. Eligible individuals.
SEC. 1887. Enrollment periods.
SEC. 1888. Coverage period.
SEC. 1889. Amounts of premiums.
SEC. 1840. Payment of premiums.
SEC. 1841. Federal supplementary medical insurance trust fund.
SEC. 1842. Use of carriers for administration of benefits.
SEC. 1848. State agreements for coverage of eligible individuals who are receiving money payments under public assistance programs.
SEC. 1844. Appropriations to cover Government contributions and contingency reserve.

…

TITLE I—HEALTH INSURANCE FOR THE AGED AND MEDICAL ASSISTANCE

SHORT TITLE
SEC. 100. This title may be cited as the “Health Insurance for the Aged Act”.

PART l—HEALTH INSURANCE BENEFITS FOR THE AGED

ENTITLEMENT TO HOSPITAL INSURANCE BENEFITS

SEC. 101. Title II of the Social Security Act is amended by adding at the end thereof the following new section:

“ENTITLEMENT TO HOSPITAL INSURANCE BENEFITS

“SEC. 226. (a) Every individual who—
” (1) has attained the age of 65, and
” (2) is entitled to monthly insurance benefits under section 202 or is a qualified railroad retirement beneficiary, shall be entitled to hospital insurance benefits under part A of title XVIII for each month for which he meets the condition specified in paragraph (2), beginning with the first month after June 1966 for which he meets the conditions specified in paragraphs (1) and (2).
“(b) For purposes of subsection (a)—
“(1) entitlement of an individual to hospital insurance benefits for a month shall consist of entitlement to have payment made under, and subject to the limitations in, part A of title XVIII on his behalf for inpatient hospital services, post-hospital extended care services, post-hospital home health services, and outpatient hospital diagnostic services (as such terms are defined in part C of title XVIII) furnished him in the United States (or outside the United States in the case of inpatient hospital services furnished under the conditions described in section 1814(f) ) during such months except that (A) no such payment may be made for post-hospital extended care services furnished before January 1967, and (B) no such payment may be made for post- hospital extended care services or post-hospital home health services unless the discharge from the hospital required to qualify such services for payment under part A of title XVIII occurred after June 30, 1966, or on or after the first day of the month in which he attains age 65, whichever is later; and
“(2) an individual shall be deemed entitled to monthly insurance benefits under section 202, or to be a qualified railroad retirement beneficiary, for the month in which he died if he would have been entitled to such benefits, or would have been a qualified railroad retirement beneficiary , for such month had he died in the next month.

” (c) For purposes of this section, the term ‘qualified railroad retirement beneficiary’ means an individual whose name has been certified to the Secretary by the Railroad Retirement Board under section 21of the Railroad Retirement Act of 1937. An individual shall cease to be a qualified railroad retirement beneficiary at the close of the month preceding the month which is certified by the…

 

 

Social Security Act (1935)

Before the 1930s, support for the elderly was a matter of local, state and family rather than a Federal concern (except for veterans’ pensions). However, the widespread suffering caused by the Great Depression brought support for numerous proposals for a national old-age insurance system. On January 17, 1935, President Franklin D. Roosevelt sent a message to Congress asking for “social security” legislation. The same day, Senator Robert Wagner of New York and Representative David Lewis of Maryland introduced bills reflecting the administration’s views. The resulting Senate and House bills encountered opposition from those who considered it a governmental invasion of the private sphere and from those who sought exemption from payroll taxes for employers who adopted government-approved pension plans. Eventually the bill passed both houses, and on August 15, 1935, President Roosevelt signed the Social Security Act into law.

The act created a uniquely American solution to the problem of old-age pensions. Unlike many European nations, U.S. social security “insurance” was supported from “contributions” in the form of taxes on individuals’ wages and employers’ payrolls rather than directly from Government funds. The act also provided funds to assist children, the blind, and the unemployed; to institute vocational training programs; and provide family health programs. As a result, enactment of Social Security brought into existence complex administrative challenges. The Social Security Act authorized the Social Security Board to register citizens for benefits, to administer the contributions received by the Federal Government, and to send payments to recipients. Prior to Social Security, the elderly routinely faced the prospect of poverty upon retirement. For the most part, that fear has now dissipated.

 

Transcript of Social Security Act (1935)

AN ACT to provide for the general welfare by establishing a system of Federal old-age benefits, and by enabling the several States to make more adequate provision for aged persons, blind persons, dependent and crippled children, maternal and child welfare, public health, and the administration of their unemployment compensation laws; to establish a Social Security Board; to raise revenue; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I- GRANTS TO STATES FOR OLD-AGE ASSISTANCE
APPROPRIATION

SECTION 1. For the purpose of enabling each State to furnish financial assistance, as far as practicable under the conditions in such State, to aged needy individuals, there is hereby authorized to be appropriated for the fiscal year ended June 30, 1936, the sum of $49,750,000, and there is hereby authorized to be appropriated for each fiscal year thereafter a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Social Security Board established by Title VII (hereinafter referred to as the Board ), State plans for old-age assistance.

STATE OLD-AGE ASSISTANCE PLANS

SEC. 2. (a) A State plan for old-age assistance must
(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State;
(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan;
(4) provide for granting to any individual, whose claim for old-age assistance is denied, an opportunity for a fair hearing before such State agency;
(5) provide such methods of administration (other than those relating to selection, tenure of office, and compensation of personnel) as are found by the Board to be necessary for the efficient operation of the plan;
(6) provide that the State agency will make such reports, in such form and containing such information, as the Board may from time to time require, and comply with such provisions as the Board may from time to time find necessary to assure the correctness and verification of such reports; and
(7) provide that, if the State or any of its political subdivisions collects from the estate of any recipient of old-age assistance any amount with respect to old-age assistance furnished him under the plan, one- half of the net amount so collected shall be promptly paid to the United States. Any payment so made shall be deposited in the Treasury to the credit of the appropriation for the purposes of this title.

(b) The Board shall approve any plan which fulfills the conditions specified in subsection (a), except that it shall not approve any plan which imposes, as a condition of eligibility for old-age assistance under the plan-
(1) An age requirement of more than sixty-five years, except that the plan may impose, effective until January 1, 1940, an age requirement of as much as seventy years; or
(2) Any residence requirement which excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for old-age assistance and has resided therein continuously for one year immediately preceding the application; or (3) Any citizenship requirement which excludes any citizen of the United States.

PAYMENT TO STATES

SEC. 3. (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for old-age assistance, for each quarter, beginning with the quarter commencing July 1, 1935,
(1) an amount, which shall be used exclusively as old-age assistance, equal to one-half of the total of the sums expended during such quarter as old-age assistance under the State plan with respect to each individual who at the time of such expenditure is sixty-five years of age or older and is not an inmate of a public institution, not counting so much of such expenditure with respect to any individual for any month as exceeds $30, and
(2) 5 per centum of such amount, which shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose: Provided, That the State plan, in order to be approved by the Board, need not provide for financial participation before July 1, 1937, by the State, in the case of any State which the Board, upon application by the State and after reasonable notice and opportunity for hearing to the State, finds is prevented by its constitution from providing such financial participation.

(b) The method of computing and paying such amounts shall be as follows:
(1) The Board shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of clause (1) of subsection (a), such estimate to be based on
(A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such clause, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than one-half of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived,
(B) records showing the number of aged individuals in the State, and
(C) such other investigation as the Board may find necessary.

(2) The Board shall then certify to the Secretary of the Treasury the amount so estimated by the Board, reduced or increased, as the case may be, by any sum by which it finds that its estimate for any prior quarter was greater or less than the amount which should have been paid to the State under clause (1) of subsection (a) for such quarter, except to the extent that such sum has been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Board for such prior quarter.

(3) The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Board, the amount so certified, increased by 5 per centum.

OPERATION OF STATE PLANS

SEC. 4. In the case of any State plan for old-age assistance which has been approved by the Board, if the Board, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds-
(1) that the plan has been so changed as to impose any age, residence, or citizenship requirement prohibited by section 2 (b), or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or
(2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 2 (a) to be included in the plan; the Board shall notify such State agency that further payments will not be made to the State until the Board is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until it is so satisfied it shall make no further certification to the Secretary of the Treasury with respect to such State.

ADMINISTRATION

SEC. 5. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $250,000, for all necessary expenses of the Board in administering the provisions of this title.

DEFINITION

SEC. 6. When used in this title the term old age assistance means money payments to aged individuals.

 

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TITLE II-FEDERAL OLD-AGE BENEFITS OLD-AGE RESERVE ACCOUNT

Section 201. (a) There is hereby created an account in the Treasury of the United States to be known as the Old-Age Reserve Account hereinafter in this title called the Account. There is hereby authorized to be appropriated to the Account for each fiscal year, beginning with the fiscal year ending June 30, 1937, an amount sufficient as an annual premium to provide for the payments required under this title, such amount to be determined on a reserve basis in accordance with accepted actuarial principles, and based upon such tables of mortality as the Secretary of the Treasury shall from time to time adopt, and upon an interest rate of 3 per centum per annum compounded annually. The Secretary of the Treasury shall submit annually to the Bureau of the Budget an estimate of the appropriations to be made to the Account.
(b) It shall be the duty of the Secretary of the Treasury to invest such portion of the amounts credited to the Account as is not, in his judgment, required to meet current withdrawals. Such investment may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired
(1) on original issue at par, or
(2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the Account. Such special obligations shall bear interest at the rate of 3 per centum per annum. Obligations other than such special obligations may be acquired for the Account only on such terms as to provide an investment yield of not less than 3 per centum per annum.
(c) Any obligations acquired by the Account (except special obligations issued exclusively to the Account) may be sold at the market price, and such special obligations may be redeemed at par plus accrued interest.
(d) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Account shall be credited to and form a part of the Account.
(e) All amounts credited to the Account shall be available for making payments required under this title.
(f) The Secretary of the Treasury shall include in his annual report the actuarial status of the Account.

OLD-AGE BENEFIT PAYMENTS

SEC. 202. (a) Every qualified individual (as defined in section 210) shall be entitled to receive, with respect to the period beginning on the date he attains the age of sixty-five, or on January 1, 1942, whichever is the later, and ending on the date of his death, an old-age benefit (payable as nearly as practicable in equal monthly installments) as follows:
(1) If the total wages (as defined in section 210) determined by the Board to have been paid to him, with respect to employment (as defined in section 210) after December 31, 1936, and before he attained the age of sixty- five, were not more than $3,000, the old-age benefit shall be at a monthly rate of one-half of 1 per centum of such total wages;
(2) If such total wages were more than $3,000, the old-age benefit shall be at a monthly rate equal to the sum of the following:
(A) One-half of 1 per centum of $3,000; plus
(B) One-twelfth of 1 per centum of the amount by which such total wages exceeded $3,000 and did not exceed $45,000; plus
(C) One-twenty-fourth of 1 per centum of the amount by which such total wages exceeded $45,000.
(b) In no case shall the monthly rate computed under subsection (a) exceed $85.
(c) If the Board finds at any time that more or less than the correct amount has theretofore been paid to any individual under this section, then, under regulations made by the Board, proper adjustments shall be made in connection with subsequent payments under this section to the same individual.
(d) Whenever the Board finds that any qualified individual has received wages with respect to regular employment after he attained the age of sixty-five, the old-age benefit payable to such individual shall be reduced, for each calendar month in any part of which such regular employment occurred, by an amount equal to one month s benefit. Such reduction shall be made, under regulations prescribed by the Board, by deductions from one or more payments of old-age benefit to such individual.

PAYMENTS UPON DEATH

SEC. 203. (a) If any individual dies before attaining the age of sixty-five, there shall be paid to his estate an amount equal to 3 « per centum of the total wages determined by the Board to have been paid to him, with respect to employment after December 31, 1936.
(b) If the Board finds that the correct amount of the old-age benefit payable to a qualified individual during his life under section 202 was less than 3 « per centum of the total wages by which such old-age benefit was measurable, then there shall be paid to his estate a sum equal to the amount, if any, by which such 3 « per centum exceeds the amount (whether more or less than the correct amount) paid to him during his life as old-age benefit.
(c) If the Board finds that the total amount paid to a qualified individual under an old-age benefit during his life was less than the correct amount to which he was entitled under section 202, and that the correct amount of such old-age benefit was 3 « per centum or more of the total wages by which such old-age benefit was measurable, then there shall be paid to his estate a sum equal to the amount, if any, by which the correct amount of the old- age benefit exceeds the amount which was so paid to him during his life.

PAYMENTS TO AGED INDIVIDUALS NOT QUALIFIED FOR BENEFITS

SEC. 204. (a) There shall be paid in a lump sum to any individual who, upon attaining the age of sixty-five, is not a qualified individual, an amount equal to 3 « per centum of the total wages determined by the Board to have been paid to him, with respect to employment after December 31, 1936, and before he attained the age of sixty-five.
(b) After any individual becomes entitled to any payment under subsection (a), no other payment shall be made under this title in any manner measured by wages paid to him, except that any part of any payment under subsection (a) which is not paid to him before his death shall be paid to his estate.

AMOUNTS OF $500 OR LESS PAYABLE TO ESTATES

SEC. 205. If any amount payable to an estate under section 203 or 204 is $500 or less, such amount may, under regulations prescribed by the Board, be paid to the persons found by the Board to be entitled thereto under the law of the State in which the deceased was domiciled, without the necessity of compliance with the requirements of law with respect to the administration of such estate.

OVERPAYMENTS DURING LIFE

SEC. 206. If the Board finds that the total amount paid to a qualified individual under an old-age benefit during his life was more than the correct amount to which he was entitled under section 202, and was 3 « per centum or more of the total wages by which such old-age benefit was measurable, then upon his death there shall be repaid to the United States by his estate the amount, if any, by which such total amount paid to him during his life exceeds whichever of the following is the greater:
(1) Such 3 « per centum, or
(2) the correct amount to which he was entitled under section 202.

METHOD OF MAKING PAYMENTS

SEC. 207. The Board shall from time to time certify to the Secretary of the Treasury the name and address of each person entitled to receive a payment under this title, the amount of such payment, and the time at which it should be made, and the Secretary of the Treasury through the Division of Disbursement of the Treasury Department, and prior to audit or settlement by the General Accounting Office, shall make payment in accordance with the certification by the Board.

ASSIGNMENT

SEC. 208. The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

PENALTIES

SEC. 209. Whoever in any application for any payment under this title makes any false statement as to any material fact, knowing such statement to be false, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

DEFINITIONS

SEC. 210. When used in this title– (a) The term wages means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash; except that such term shall not include that part of the remuneration which, after remuneration equal to $3,000 has been paid to an individual by an employer with respect to employment during any calendar year, is paid to such employer with respect to employment during such calendar year.
(b) The term employment means any service, of whatever nature, performed within the United States by an employee for his employer, except-
(1) Agricultural labor;
(2) Domestic service in a private home;
(3) Casual labor not in the course of the employer s trade or business;
(4) Service performed as an officer or member of the crew of a vessel documented under the laws of the United States or of any foreign country;
(5) Service performed in the employ of the United States Government or of an instrumentality of the United States;
(6) Service performed in the employ of a State, a political subdivision thereof, or an instrumentality of one or more States or political subdivisions;
(7) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

(c) The term qualified individual means any individual with respect to whom it appears to the satisfaction of the Board that-
(1) He is at least sixty-five years of age; and
(2) The total amount of wages paid to him, with respect to employment after December 31, 1936, and before he attained the age of sixty-five, was not less than $2,000; and
(3) Wages were paid to him, with respect to employment on some five days after December 31, 1936, and before he attained the age of sixty-five, each day being in a different calendar year.

 

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TITLE III-GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION ADMINISTRATION APPROPRIATION

SECTION 301. For the purpose of assisting the States in the administration of their unemployment compensation laws, there is hereby authorized to be appropriated, for the fiscal year ending June 30, 1936, the sum of $4,000,000, and for each fiscal year thereafter the sum of $49,000,000, to be used as hereinafter provided.

PAYMENTS TO STATES

SEC. 302. (a) The Board shall from time to time certify to the Secretary of the Treasury for payment to each State which has an unemployment compensation law approved by the Board under Title IX, such amounts as the Board determines to be necessary for the proper administration of such law during the fiscal year in which such payment is to be made. The Board s determination shall be based on
(1) the population of the State;
(2) an estimate of the number of persons covered by the State law and of the cost of proper administration of such law; and
(3) such other factors as the Board finds relevant. The Board shall not certify for payment under this section in any fiscal year a total amount in excess of the amount appropriated therefor for such fiscal year.
(b) Out of the sums appropriated therefor, the Secretary of the Treasury shall, upon receiving a certification under subsection
(a), pay, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, to the State agency charged with the administration of such law the amount so certified.

PROVISIONS OF STATE LAWS

SEC. 303. (a) The Board shall make no certification for payment to any State unless it finds that the law of such State, approved by the Board under Title IX, includes provisions for-
(1) Such methods of administration (other than those relating to selection, tenure of office, and compensation of personnel) as are found by the Board to be reasonably calculated to insure full payment of unemployment compensation when due; and
(2) Payment of unemployment compensation solely through public employment offices in the State or such other agencies as the Board may approve; and
(3) Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied; and
(4) The payment of all money received in the unemployment fund of such State, immediately upon such receipt, to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904; and
(5) Expenditure of all money requisitioned by the State agency from the Unemployment Trust Fund, in the payment of unemployment compensation, exclusive of expenses of admin- istration; and
(6) The making of such reports, in such form and containing such information, as the Board may from time to time require, and compliance with such provisions as the Board may from time to time find necessary to assure the correctness and verification of such reports; and
(7) Making available upon request to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of unemployment compensation, and a statement of such recipient s rights to further compensation under such law.
(b) Whenever the Board, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law finds that in the administration of the law there is–
(1) a denial, in a substantial number of cases, of unemployment compensation to individuals entitled thereto under such law; or
(2) a failure to comply substantially with any provision specified in subsection (a); the Board shall notify such State agency that further payments will not be made to the State until the Board is satisfied that there is no longer any such denial or failure to comply. Until it is so satisfied it shall make no further certification to the Secretary of the Treasury with respect to such State.

 

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TITLE IV-GRANTS TO STATES FOR AID TO DEPENDENT CHILDREN APPROPRIATION

SECTION 401. For the purpose of enabling each State to furnish financial assistance, as far as practicable under the conditions in such State, to needy dependent children, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $24,750,000, and there is hereby authorized to be appropriated for each fiscal year thereafter a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Board, State plans for aid to dependent children.

STATE PLANS FOR AID TO DEPENDENT CHILDREN

SEC. 402. (a) A State plan for aid to dependent children must
(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State;
(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan;
(4) provide for granting to any individual, whose claim with respect to aid to a dependent child is denied, an opportunity for a fair hearing before such State agency;
(5) provide such methods of administration (other than those relating to selection, tenure of office, and compensation of personnel) as are found by the Board to be necessary for the efficient operation of the plan; and
(6) provide that the State agency will make such reports, in such form and containing such information, as the Board may from time to time require, and comply with such provisions as the Board may from time to time find necessary to assure the correctness and verification of such reports.
(b) The Board shall approve any plan which fulfills the conditions specified in subsection (a) except that it shall not approve any plan which imposes as a condition of eligibility for aid to dependent children, a residence requirement which denies aid with respect to any child residing in the State
(1) who has resided in the State for one year immediately preceding the application for such aid or
(2) who was born within the State within one year immediately preceding the application, if its mother has resided in the State for one year immediately preceding the birth.

PAYMENT TO STATES

SEC. 403. (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to dependent children, for each quarter, beginning with the quarter commencing July 1, 1935, an amount, which shall be used exclusively for carrying out the State plan, equal to one-third of the total of the sums expended during such quarter under such plan, not counting so much of such expenditure with respect to any dependent child for any month as exceeds $18, or if there is more than one dependent child in the same home, as exceeds $18 for any month with respect to one such dependent child and $12 for such month with respect to each of the other dependent children.
(b) The method of computing and paying such amounts shall be as follows:
(1) The Board shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection
(a), such estimate to be based on
(A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than two-thirds of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived,
(B) records showing the number of dependent children in the State, and
(C) such other investigation as the Board may find necessary.
(2) The Board shall then certify to the Secretary of the Treasury the amount so estimated by the Board, reduced or increased, as the case may be, by any sum by which it finds that its estimate for any prior quarter was greater or less than the amount which should have been paid to the State for such quarter, except to the extent that such sum has been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Board for such prior quarter.
(3) The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Board, the amount so certified.

OPERATION OF STATE PLANS

SEC. 404. In the case of any State plan for aid to dependent children which has been approved by the Board, if the Board, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds-
(1) that the plan has been so changed as to impose any residence requirement prohibited by section 402 (b), or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or
(2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 402 (a) to be included in the plan; the Board shall notify such State agency that further payments will not be made to the State until the Board is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until it is so satisfied it shall make no further certification to the Secretary of the Treasury with respect to such State.

ADMINISTRATION

SEC. 405. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $250,000 for all necessary expenses of the Board in administering the provisions of this title.

DEFINITIONS

SEC. 406. When used in this title-
(a) The term dependent child means a child under the age of sixteen who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence maintained by one or more of such relatives as his or their own home;
(b) The term aid to dependent children means money payments with respect to a dependent child or dependent children.

 

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TITLE V- GRANTS TO STATES FOR MATERNAL AND CHILD WELFARE
PART 1-MATERNAL AND CHILD HEALTH SERVICES

APPROPRIATION

SECTION 501. For the purpose of enabling each State to extend and improve, as far as practicable under the conditions in such State, services for promoting the health of mothers and children, especially in rural areas and in areas suffering from severe economic distress, there is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1936, the sum of $3,800,000. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Chief of the Children s Bureau, State plans for such services.

ALLOTMENTS TO STATES

SEC. 502. (a) Out of the sums appropriated pursuant to section 501 for each fiscal year the Secretary of Labor shall allot to each State $20,000, and such part of $1,800,000 as he finds that the number of live births in such State bore to the total number of live births in the United States, in the latest calendar year for which the Bureau of the Census has available statistics.
(b) Out of the sums appropriated pursuant to section 501 for each fiscal year the Secretary of Labor shall allot to the States $980,000 (in addition to the allotments made under subsection (a)), according to the financial need of each State for assistance in carrying out its State plan, as determined by him after taking into consideration the number of live births in such State.
(c) The amount of any allotment to a State under subsection (a) for any fiscal year remaining unpaid to such State at the end of such fiscal year shall be available for payment to such State under section 504 until the end of the second succeeding fiscal year. No payment to a State under section 504 shall be made out of its allotment for any fiscal year until its allotment for the preceding fiscal year has been exhausted or has ceased to be available.

APPROVAL OF STATE PLANS

SEC. 503. (a) A State plan for maternal and child-health services must (1) provide for financial participation by the State;
(2) provide for the administration of the plan by the State health agency or the supervision of the administration of the plan by the State health agency;
(3) provide such methods of administration (other than those relating to selection, tenure of office, and compensation of personnel) as are necessary for the efficient operation of the plan;
(4) provide that the State health agency will make such reports, in such form and containing such information, as the Secretary of Labor may from time to time require, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;
(5) provide for the extension and improvement of local maternal and child-health services administered by local child health units;
(6) provide for cooperation with medical, nursing, and welfare groups and organizations; and
(7) provide for the development of demonstration services in needy areas and among groups in special need.
(b) The Chief of the Children s Bureau shall approve any plan which fulfills the conditions specified in subsection (a) and shall thereupon notify the Secretary of Labor and the State health agency of his approval.

PAYMENT TO STATES

SEC. 504. (a) From the sums appropriate therefor and the allotments available under section 502 (a), the Secretary of the Treasury shall pay to each State which has an approved plan for maternal and child-health services, for each quarter beginning with the quarter commencing July 1935, an amount, which shall be used exclusively for carrying out the State plan, equal to one-half of the total sum expended during such quarter for carrying out such plan.
(b) The method of computing and paying such amounts shall be as follows:
(1) The Secretary of Labor shall, prior the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on
(A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than one-half of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, and
(B) such investi gation as he may find necessary.
(2) The Secretary of Labor shall then certify the amount so estimated by him to the Secretary of the Treasury, reduced or increased, as the case may be, by any sum by which the Secretary of Labor finds that his estimate for any prior quarter was greater or less than the amount, which should have been paid to the State for such quarter, except to the extent that such sum has been applied to make the amount certified for any prior quarter greater or less than the amount, estimated by the Secretary of Labor for such prior quarter.
(3) The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Secretary of Labor, the amount so certified.
(c) The Secretary of Labor shall from time to time certify to the Secretary of the Treasury the amounts to be paid to the States from the allotments available under section 502 (b), and the Secretary of the Treasury shall, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, make payments of such amounts from such allotments at the time or times specified by the Secretary of Labor.

OPERATION OF STATE PLANS

SEC. 505. In the case of any State plan for maternal and child-health services which has been approved by the Chief of the Children s Bureau, if the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds that in the administration of the plan there is a failure to comply substantially with any provision required by section 503 to be included in the plan, he shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied he shall make no further certification to the Secretary of the Treasury with respect to such State.

PART 2-SERVICES FOR CRIPPLED CHILDREN

APPROPRIATION

SEC. 511. For the purpose of enabling each State to extend and improve (especially in rural areas and in areas suffering from severe economic distress), as far as practicable under the conditions in such State, services for locating crippled children and for providing medical, surgical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and aftercare, for children who are crippled or who are suffering from conditions which lead to crippling, there is hereby authorized to be appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936, the sum of $2,850,000. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Chief of the Children s Bureau, State plans for such services.

ALLOTMENTS TO STATES

SEC. 512. (a) Out of the sums appropriated pursuant to section 511 for each fiscal year the Secretary of Labor shall allot to each State $20,000, and the remainder to the States according to the need of each State as determined by him after taking into consideration the number of crippled children in such State in need of the services referred to section 511 and the cost of furnishing such service to them
(b) The amount of any allotment to a State under subsection (a) for any fiscal year remaining unpaid to such State at the end of such fiscal year shall be available for payment to such State under section 514 until the end of the second succeeding fiscal year. No payment to a State under section 514 shall be made out of its allotment for any fiscal year until its allotment for the preceding fiscal year has been exhausted or has ceased to be available.

APPROVAL OF STATE PLANS

SEC. 513. (a) A State plan for services for crippled children must
(1) provide for financial participation by the State;
(2) provide for the administration of the plan by a State agency or the supervision of the administration of the plan by a State agency;
(3) provide such methods of administration (other than those relating to selection, tenure of office, and compensation of personnel) as are necessary for the efficient operation of the plan;
(4) provide that the State agency will make such reports, in such form and containing such information, as the Secretary of Labor may from time to time require, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;
(5) provide for carrying out the purposes specified in section 511; and
(6) provide for cooperation with medical, health, nursing, and welfare groups and organizations and with any agency in such State charged with administering State laws providing for vocational rehabilitation of physically handicapped children.

(b) The Chief of the Children s Bureau shall approve any plan which fulfills the conditions specified in subsection (a) and shall thereupon notify the Secretary of Labor and the State agency of his approval.

PAYMENT TO STATES

SEC. 514. (a) From the sums appropriated therefor and the allotments available under section 512, the Secretary of the Treasury shall pay to each State which has an approved plan for services for crippled children, for each quarter, beginning the quarter commencing July 1, 1935, an amount which shall be used exclusively for carrying out the State plan, equal to one-half of the total sum expended during such quarter for carrying out such plan.
(b) The method of computing and paying such amounts shall be as follows:
(1) The Secretary of Labor shall, prior the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on
(A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter and if such amount is less than one-half of the total sum of such estimated expenditures the source or sources from which the difference is expected to be derived, and
(B) such investigation as he may find necessary.
(2) The Secretary of Labor shall then certify the amount so estimated by him to the Secretary of the Treasury, reduced or increased as the case may be, by any sum by which the Secretary of Labor finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State for such quarter, except to the extent that such sum has been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Secretary of Labor for such prior quarter.
(3) The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Secretary of Labor, the amount so certified.

OPERATION OF STATE PLANS

SEC. 515. In the case of any State plan for services for crippled children which has been approved by the Chief of the Children s Bureau, if the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan finds that in the administration of the plan there a failure to comply substantially with any provision required by section 513 to be included in the plan, he shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied he shall make no further certification to the Secretary of the Treasury with respect to such State.

PART 3- CHILD WELFARE SERVICES

SEC. 521. (a) For the purpose of enabling the United States, through the Children s Bureau, to cooperate with State public-welfare agencies establishing, extending, and strengthening, especially in predominantly rural areas, public-welfare services (hereinafter in this section referred to as child-welfare services ) for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent, there is hereby authorized to be appropriated for each fiscal year, beginning with the year ending June 30, 1936, the sum of $1,500,000. Such amount shall be allotted by the Secretary of Labor for use by cooperating State public- welfare agencies on the basis of plans developed jointly by the State agency and the Children s Bureau, to each State, $10,000, and the remainder to each State on the basis of such plans, not to exceed such part of the remainder as the rural population of such State bears to the total rural population of the United States. The amount so allotted shall be expended for payment of part of the cost of district, county or other local child- welfare services in areas predominantly rural, and for developing State services for the encouragement and assist- ance of adequate methods of community child-welfare organization in areas predominantly rural and other areas of special need. The amount of any allotment to a State under this section for any fiscal year remaining unpaid to such State at the end of such fiscal year shall be available for payment to such State under this section until the end of the second succeeding fiscal year. No payment to a State under this section shall be made out of its allotment for any fiscal year until its allotment for the preceding fiscal year has been exhausted or has ceased to be available.
(b) From the sums appropriated therefor and the allotments available under subsection (a) the Secretary of Labor shall from time to time certify to the Secretary of the Treasury the amounts to be paid to the States, and the Secretary of the Treasury shall, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, make payments of such amounts from such allotments at the time or times specified by the Secretary of Labor.

PART 4- VOCATIONAL REHABILITATION

SEC. 531. (a) In order to enable the United States to cooperate with the States and Hawaii in extending and strengthening their programs of vocational rehabilitation of the physically disabled, and to continue to carry out the provisions and purposes of the Act entitled An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment , approved June 2, 1920, as amended (U.S.C., title 29, ch. 4; U.S.C., Supp. VII title 29, secs. 31, 32, 34, 35, 37, 39, and 40), there is hereby authorized to be appropriated for the fiscal years ending June 30, 1936, and June 30, 1937, the sum of $841,000 for each such fiscal year in addition to the amount of the existing authorization, and for each fiscal year thereafter the sum of $1,938,000. Of the sums appropriated pursuant to such authorization for each fiscal year, $5,000 shall be apportioned to the Territory of Hawaii and the remainder shall be apportioned among the several States in the manner provided in such Act of June 2, 1920, as amended.
(b) For the administration of such Act of June 2, 1920, as amended, by the Federal agency authorized to administer it, there is hereby authorized to be appropriated for the fiscal years ending June 30, 1936, and June 30, 1937, the sum of $22,000 for each such fiscal year in addition to the amount of the existing authorization, and for each fiscal year thereafter the sum of $102,000.

PART 5- ADMINISTRATION

SEC. 541. (a) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $425,000, for all necessary expenses of the Children s Bureau in administering the provisions of this title, except section 531.
(b) The Children s Bureau shall make such studies and investigations as will promote the efficient administration of this title, except section 531.
(c) The Secretary of Labor shall include in his annual report to Congress a full account of the administration of this title, except section 531.

 

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TITLE VI- PUBLIC HEALTH WORK APPROPRIATION

SECTION 601. For the purpose of assisting States, counties, health districts, and other political subdivisions of the States in establishing and maintaining adequate public-health services, including the training of personnel for State and local health work, there is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30,1936, the sum of $8,000,000 to be used as hereinafter provided.

STATE AND LOCAL PUBLIC HEALTH SERVICES

SEC. 602. (a) The Surgeon General of the Public Health Service, with the approval of the Secretary of the Treasury, shall, at the beginning of each fiscal year, allot to the States the total of (1) the amount appropriated for such year pursuant to section 601; and (2) the amounts of the allotments under this section for the preceding fiscal year remaining unpaid to the States at the end of such fiscal year. The amounts of such allotments shall be determined on the basis of (1) the population; (2) the special health problems; and (3) the financial needs; of the respective States. Upon making such allotments the Surgeon General of the Public Health Service shall certify the amounts thereof to the Secretary of the Treasury.
(b) The amount of an allotment to any State under subsection (a) for any fiscal year, remaining unpaid at the end of such fiscal year, shall be available for allotment to States under subsection (a) for the succeeding fiscal year, in addition to the amount appropriated for such year.
(c) Prior to the beginning of each quarter of the fiscal year, the Surgeon General of the Public Health Service shall, with the approval of the Secretary of the Treasury, determine in accordance with rules and regulations previously prescribed by such Surgeon General after consultation with a conference of the State and Territorial health authorities, the amount to be paid to each State for such quarter from the allotment to such State, and shall certify the amount so determined to the Secretary of the Treasury. Upon receipt of such certification, the Secretary of the Treasury shall, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay in accordance with such certification.
(d) The moneys so paid to any State shall be expended solely in carrying out the purposes specified in section 601, and in accordance with plans presented by the health authority of such State and approved by the Surgeon General of the Public Health Service.

INVESTIGATIONS

SEC. 603. (a) There is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1936, the sum of $2,000,000 for expenditure by the Public Health Service for investigation of disease and problems of sanitation (including the printing and binding of the findings of such investigations), and f or the pay and allowances and traveling expenses of personnel of the Public Health Service, including commissioned officers, engaged in such investigations or detailed to cooperate with the health authorities of any State in carrying out the purposes specified in section 601: Provided, That no personnel of the Public Health Service shall be detailed to cooperate with the health authorities of any State except at the request of the proper authorities of such State.
(b) The personnel of the Public Health Service paid from any appropriation not made pursuant to subsection (a) may be detailed to assist in carrying out the purposes of this title. The appropriation from which they are paid shall be reimbursed from the appropriation made pursuant to subsection (a) to the extent of their salaries and allowances for services performed while so detailed.
(c) The Secretary of the Treasury shall include in his annual report to Congress a full account of the administration of this title.

 

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TITLE VII-SOCIAL SECURITY BOARD ESTABLISHMENT

SECTION 701. There is hereby established a Social Security Board (in this Act referred to as the Board ) to be composed of three members to be appointed by the President, by and with the advice and consent of the Senate. During his term of membership on the Board , no member shall engage in any other business, vocation, or employment. Not more than two of the members of the Board shall be members of the same political party. Each member shall receive a salary at the rate of $10,000 a year and shall hold office for a term of six years, except that
(1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term; and
(2) the terms of office of the members first taking office after the date of the enactment of this Act shall expire, as designated by the President at the time of appointment, one at the end of two years, one at the end of four years, and one at the end of six years, after the date of the enactment of this Act. The President shall designate one of the members as the chairman of the Board.

DUTIES OF THE SOCIAL SECURITY BOARD

SEC. 702. The Board shall perform the duties imposed upon it by this Act and shall also have the duty of studying and making recommendations as to the most effective methods of providing economic security through social insurance, and as to legislation and matters of administrative policy concerning old-age pensions, unemployment compensation, accident compensation, and related subjects.

EXPENSES OF THE BOARD

SEC. 703. The Board is authorized to appoint and fix the compensation of such officers and employees, and to make such expenditures, as may be necessary for carrying out its functions under this Act. Appointments of attorneys and experts may be made without regard to the civil-service laws.

REPORTS

SEC. 704. The Board shall make a full report to Congress, at the beginning of each regular session, of the administration of the functions with which it is charged.

 

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TITLE VIII- TAXES WITH RESPECT TO EMPLOYMENT

INCOME TAX ON EMPLOYEES

SECTION 801. In addition to other taxes, there shall be levied, collected, and paid upon the income of every individual a tax equal to the following percentages of the wages (as defined in section 811) received by him after December 31, 1936, with respect to employment (as defined in section 811) after such date:
(1) With respect to employment during the calendar years 1937, 1938, and 1939, the rate shall be 1 per centum.
(2) With respect to employment during the calendar years 1940, 1941, and 1942, the rate shall 1 « per centum.
(3) With respect to employment during the calendar years 1943, 1944, and 1945, the rate shall be 2 per centum.
(4) With respect to employment during the calendar years 1946, 1947, and 1948, the rate shall be 2 « per centum.
(5) With respect to employment after December 31, 1948, the rate shall be 3 per centum.

DEDUCTION OF TAX FROM WAGES

SEC. 802. (a) The tax imposed by section 801 shall be collected by the employer of the taxpayer by deducting the amount of the tax from the wages as and when paid. Every employer required so to deduct the tax is hereby made liable for the payment of such tax, and is hereby indemnified against the claims and demands of any person for the amount of any such payment made by such employer.
(b) If more or less than the correct amount of tax imposed by section 801 is paid with respect to any wage payment, then, under regulations made under this title, proper adjustments, with respect both to the tax and the amount to be deducted, shall be made, without interest, in connection with subsequent wage payments to the same individual by the same employer.

DEDUCTIBILITY FROM INCOME TAX

SEC. 803. For the purposes of the income tax imposed by Title I of the Revenue Act of 1934 or by any Act of Congress in substitution therefor, the tax imposed by section 801 shall not be allowed as a deduction to the taxpayer in computing his net income for the year in which such tax is deducted from his wages.

EXCISE TAX ON EMPLOYERS

SEC. 804. In addition to other taxes, every employer shall pay an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 811) paid by him after December 31, 1936, with respect to employment (as defined in section 811) after such date:
(1) With respect to employment during the calendar years 1937, 1938, and 1939, the rate shall be 1 per centum.
(2) With respect to employment during the calendar years 1940, 1941, and 1942, the rate shall be 1 « per centum.
(3) With respect to employment during the calendar years 1943, 1944, and 1945, the rate shall be 2 per centum.
(4) With respect to employment during the calendar years 1946, 1947, and 1948, the rate shall be 2 « per centum.
(5) With respect to employment after December 31, 1948, the rate shall be 3 per centum.

ADJUSTMENT OF EMPLOYERS TAX

SEC. 805. If more or less than the correct amount of tax imposed by section 804 is paid with respect to any wage payment, then, under regulations made under this title, proper adjustments with respect the tax shall be made, without interest, in connection with subsequent wage payments to the same individual by the same employer.

REFUNDS AND DEFICIENCIES

SEC. 806. If more or less than the correct amount of tax imposed by section 801 or 804 is paid or deducted with respect to any wage payment and the overpayment or underpayment of tax cannot be adjusted under section 802 (b) or 805 the amount of the overpayment shall be refunded and the amount of the underpayment shall be collected in such manner and at such times (subject to the statutes of limitations properly applicable thereto) as may be prescribed by regulations made under this title.

COLLECTION AND PAYMENT OF TAXES

SEC. 807. (a) The taxes imposed by this title shall be collected by the Bureau of Internal Revenue under the direction of the Secretary of the Treasury and shall be paid into the Treasury of the United States as internal- revenue collections. If the tax is not paid when due, there shall be added as part of the tax interest (except in the case of adjustments made in accordance with the provisions of sections 802 (b) and 805) at the rate of one-half of 1 per centum per month from the date the tax became due until paid.
(b) Such taxes shall be collected and paid in such manner, at such times, and under such conditions, not inconsistent with this title (either by making and filing returns, or by stamps, coupons, tickets, books, or other reasonable devices or methods necessary or helpful in securing a complete and proper collection and payment of the tax or in securing proper identification of the taxpayer), as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.
(c) All provisions of law, including penalties, applicable with respect to any tax imposed by section 600 or section 800 of the Revenue Act of 1926 and the provisions of section 607 of the Revenue Act of 1934, shall, insofar as applicable and not inconsistent with the provisions of this title, be applicable with respect to the taxes imposed by this title.
(d) In the payment of any tax under this title a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent.

RULES AND REGULATIONS

SEC. 808. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make and publish rules and regulations for the enforcement of this title.

SALE OF STAMPS BY POSTMASTERS

SEC. 809. The Commissioner of Internal Revenue shall furnish to the Postmaster General without prepayment a suitable quantity of stamps, coupons, tickets, books, or other devices prescribed by the Commissioner under section 807 for the collection or payment of any tax imposed by this title, to be distributed to, and kept on sale by, all post offices of the first and second classes, and such post offices of the third and fourth classes as
(1) are located in county seats, or
(2) are certified by the Secretary of the Treasury to the Postmaster General as necessary to the proper administration of this title. The Postmaster General may require each such postmaster to furnish bond in such increased amount as he may from time to time determine, and each such postmaster shall deposit the receipts from the sale of such stamps, coupons, tickets, books, or other devices, to the credit of, and render accounts to, the Postmaster General at such times and in such form as the Postmaster General may by regulations prescribe. The Postmaster General shall at least once a month transfer to the Treasury, as internal- revenue collections all receipts so deposited together with a statement of the additional expenditures in the District of Columbia and elsewhere incurred by the Post Office Department in performing the duties imposed upon said Department by this Act, and the Secretary of the Treasury is hereby authorized and directed to advance from time to time to the credit of the Post Office Department from appropriations made for the collection of the taxes imposed by this title, such sums as may be required for such additional expenditures incurred by the Post Office Department.

PENALTIES

SEC. 810. (a) Whoever buys, sells, offers for sale, uses, transfers, takes or gives in exchange, or pledges or gives in pledge, except as authorized in this title or in regulations made pursuant thereto, any stamp, coupon, ticket, book, or other device, prescribed by the Commissioner of Internal Revenue under section 807 for the collection or payment of any tax imposed by this title, shall be fined not more than $1,000 or imprisoned for not more than six months, or both.
(b) Whoever, with intent to defraud, alters, forges, makes, or counterfeits any stamp, coupon, ticket, book, or other device prescribed by the Commissioner of Internal Revenue under section 807 for the collection or payment of any tax imposed by this title, or uses, sells, lends, or has in his possession any such altered, forged, or counterfeited stamp, coupon, ticket, book, or other device, or makes, uses, sells, or has in his possession any ma- terial in imitation of the material used in the manufacture of such stamp, coupon, ticket, book, or other device, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

DEFINITIONS

SEC. 811. When used in this title- (a) The term wages means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash; except that such term shall not include that part of the remuneration which, after remuneration equal to $3,000 has been paid to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer with respect to employment during such calendar year.
(b) The term employment means any service, of whatever nature, performed within the United States by an employee for his employer, except-
(1) Agricultural labor;
(2) Domestic service in a private home;
(3) Casual labor not in the course of the employer s trade or business;
(4) Service performed by an individual who has attained the age of sixty-five;
(5) Service performed as an officer or member of the crew of a vessel documented under the laws of the United States or of any foreign country;
(6) Service performed in the employ of the United States Government or of an instrumentality of the United States;
(7) Service performed in the employ of a State, a political subdivision thereof, or an instrumentality of one or more States or political subdivisions;
(8) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

 

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TITLE IX- TAX ON EMPLOYERS OF EIGHT OR MORE
IMPOSITION OF TAX

SECTION 901. On and after January 1, 1936, every employer (as defined in section 907) shall pay for each calendar year an excise tax, with respect to having individuals in his employ, equal to the following percentages of the total wages (as defined in section 907) payable by him (regardless of the time of payment) with respect to employment (as defined in section 907) during such calendar year:
(1) With respect to employment during the calendar year 1936 the rate shall be 1 per centum;
(2) With respect to employment during the calendar year 1937 the rate shall be 2 per centum;
(3) With respect to employment after December 31, 1937, the rate shall be 3 per centum.

CREDIT AGAINST TAX

SEC. 902. The taxpayer may credit against the tax imposed by section 901 the amount of contributions, with respect to employment during the taxable year, paid by him (before the date of filing of his return for the taxable year) into an unemployment fund under a State law. The total credit allowed to a taxpayer under this section for all contributions paid into unemployment funds with respect to employment during such taxable year shall not exceed 90 per centum of the tax against which it is credited, and credit shall be allowed only for contributions made under the laws of States certified for the taxable year as provided in section 903.

CERTIFICATION OF STATE LAWS

SEC. 903 (a) The Social Security Board shall approve any State law submitted to it, within thirty days of such submission, which it finds provides that-
(1) All compensation is to be paid through public employment offices in the State or such other agencies as the Board may approve;
(2) No compensation shall be payable with respect to any day of unemployment occurring within two years after the first day of the first period with respect to which contributions are required;
(3) All money received in the unemployment fund shall immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904;
(4) All money withdrawn from the Unemployment Trust Fund by the State agency shall be used solely in the payment of compensation, exclusive of expenses of administration;
(5) Compensation shall not be denied in such State to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(A) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(B) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(C) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona-fide labor organization;
(6) All the rights, privileges, or immunities conferred by such law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal such law at any time. The Board shall, upon approving such law, notify the Governor of the State of its approval.
(b) On December 31 in each taxable year the Board shall certify to the Secretary of the Treasury each State whose law it has previously approved, except that it shall not certify any State which, after reasonable notice and opportunity for hearing to the State agency, the Board finds has changed its law so that it no longer contains the provisions specified in subsection (a) or has with respect to such taxable year failed to comply substantially with any such provision.
(c) If, at any time during the taxable year, the Board has reason to believe that a State whose law it has previously approved, may not be certified under subsection (b), it shall promptly so notify the Governor of such State.

UNEMPLOYMENT TRUST FUND

SEC. 904. (a) There is hereby established in the Treasury of the United States a trust fund to be known as the Unemployment Trust Fund , hereinafter in this title called the Fund . The Secretary of the Treasury is authorized and directed to receive and hold in the Fund all moneys deposited therein by a State agency from a State unemployment fund. Such deposit may be made directly with the Secretary of the Treasury or with any Federal reserve bank or member bank of the Federal Reserve System designated by him for such purpose.
(b) It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in his judgment, required to meet current withdrawals. Such investment may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired
(1) on original issue at par, or
(2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be is- sued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such issue, borne by all interest-bearing obligations of the United States then forming part of the public debt; except that where such average rate is not a multiple of one eighth of 1 per centum, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 per centum next lower than such average rate. Obligations other than such special obligations may be acquired for the Fund only on such terms as to provide an investment yield not less than the yield which would be required in the case of special obligations if issued to the Fund upon the date of such acquisition.
(c) Any obligations acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold at the market price, and such special obligations may be redeemed at par plus accrued interest.
(d) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
(e) The Fund shall be invested as a single fund, but the Secretary of the Treasury shall maintain a separate book account for each State agency and shall credit quarterly on March 31, June 30, September 30, and December 31, of each year, to each account, on the basis of the average daily balance of such account, a proportionate part of the earnings of the Fund for the quarter ending on such date.
(f) The Secretary of the Treasury is authorized and directed to pay out of the Fund to any State agency such amount as it may duly requisition, not exceeding the amount standing to the account of such State agency at the time of such payment.

ADMINISTRATION, REFUNDS, AND PENALTIES

SEC. 905. (a) The tax imposed by this title shall be collected by the Bureau of Internal Revenue under the direction of the Secretary of the Treasury and shall be paid into the Treasury of the United States as internal- revenue collections. If the tax is not paid when due, there shall be added as part of the tax interest at the rate of one-half of 1 per centum per month from the date the tax became due until paid.
(b) Not later than January 31, next following the close of the taxable year, each employer shall make a return of the tax under this title for such taxable year. Each such return shall be made under oath, shall be filed with the collector of internal revenue for the district in which is located the principal place of business of the employer, or, if he has no principal place of business in the United States, then with the collector at Baltimore, Maryland, and shall contain such information and be made in such manner as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulations prescribe. All provisions of law (including penalties) applicable in respect of the taxes imposed by section 600 of the Revenue Act of 1926, shall, insofar as not inconsistent with this title, be applicable in respect of the tax imposed by this title. The Commissioner may extend the time for filing the return of the tax imposed by this title, under such rules and regulations as he may prescribe with the approval of the Secretary of the Treasury, but no such extension shall be for more than sixty days.
(c) Returns filed under this title shall be open to inspection in the same manner, to the same extent, and subject to the same provisions of law, including penalties, as returns made under Title II of the Revenue Act of 1926.
(d) The taxpayer may elect to pay the tax in four equal installments instead of in a single payment, in which case the first installment shall be paid not later than the last day prescribed for the filing of returns, the second installment shall be paid on or before the last day of the third month, the third installment on or before the last day of the sixth month, and the fourth installment on or before the last day of the ninth month, after such last day. If the tax or any installment thereof is not paid on or before the last day of the period fixed for its payment, the whole amount of the tax unpaid shall be paid upon notice and demand from the collector.
(e) At the request of the taxpayer the time for payment of the tax or any installment thereof may be extended under regulations prescribed by the Commissioner with the approval of the Secretary of the Treasury, for a period not to exceed six months from the last day of the period prescribed for the payment of the tax or any installment thereof. The amount of the tax in respect of which any extension is granted shall be paid (with inter- est at the rate of one-half of 1 per centum per month) on or before the date of the expiration of the period of the extension.
(f) In the payment of any tax under this title a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent.

INTERSTATE COMMERCE

SEC. 906. No person required under a State law to make payments to an unemployment fund shall be relieved from compliance therewith on the ground that he is engaged in interstate commerce, or that the State law does not distinguish between employees engaged in interstate commerce and those engaged in intrastate commerce.

DEFINITIONS

SEC. 907. When used in this title — (a) The term employer does not include any person unless on each of some twenty days during the taxable year, each day being in a different calendar week, the total number of individuals who were in his employ for some portion of the day (whether or not at the same moment of time) was eight or more.
(b) The term wages means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash.
(c) The term employment means any service, of whatever nature, performed within the United States by an employee for his employer, except-
(1) Agricultural labor;
(2) Domestic service in a private home;
(3) Service performed as an officer or member of a crew of a vessel on the navigable waters of the United States;
(4) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;
(5) Service performed in the employ of the United States Government or of an instrumentality of the United States;
(6) Service performed in the employ of a State, a political subdivision thereof, or an instrumentality of one or more States or political subdivisions;
(7) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
(d) The term State agency means any State officer, board, or other authority, designated under a State law to administer the unemployment fund in such State.
(e) The term unemployment fund means a special fund, established under a State law and administered by a State agency, for the payment of compensation.
(f) The term contributions means payments required by a State law to be made by an employer into an unemployment fund, to the extent that such payments are made by him without any part thereof being deducted or deductible from the wages of individuals in his employ.
(g) The term compensation means cash benefits payable to individuals with respect to their unemployment.

RULES AND REGULATIONS

SEC. 908. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make and publish rules and regulations for the enforcement of this title, except sections 903, 904, and 910.

ALLOWANCE OF ADDITIONAL CREDIT

SEC. 909. (a) In addition to the credit allowed under section 902, a taxpayer may, subject to the conditions imposed by section 910, credit against the tax imposed by section 901 for any taxable year after the taxable year 1937, an amount, with respect to each State law, equal to the amount, if any, by which the contributions, with respect to employment in such taxable year, actually paid by the taxpayer under such law before the date of filing his return for such taxable year, is exceeded by whichever of the following is the lesser- (1) The amount of contributions which he would have been required to pay under such law for such taxable year if he had been subject to the highest rate applicable from time to time throughout such year to any employer under such law; or (2) Two and seven-tenths per centum of the wages payable by him with respect to employment with respect to which contributions for such year were required under such law.
(b) If the amount of the contributions actually so paid by the taxpayer is less than the amount which he should have paid under the State law, the additional credit under subsection (a) shall be reduced proportionately.
(c) The total credits allowed to a taxpayer under this title shall not exceed 90 per centum of the tax against which such credits are taken.

CONDITIONS OF ADDITIONAL CREDIT ALLOWANCE

SEC. 910. (a) A taxpayer shall be allowed the additional credit under section 909, with respect to his contribution rate under a State law being lower, for any taxable year, than that of another employer subject to such law, only if the Board finds that under such law–
(1) Such lower rate, with respect to contributions to a pooled fund, is permitted on the basis of not less than three years of compensation experience;
(2) Such lower rate, with respect to contributions to a guaranteed employment account, is permitted only when his guaranty of employment was fulfilled in the preceding calendar year, and such guaranteed employment account amounts to not less than 7 « per centum of the total wages payable by him, in accordance with such guaranty, with respect to employment in such State in the preceding calendar year;
(3) Such lower rate, with respect to contributions to a separate reserve account, is permitted only when
(A) compensation has been payable from such account throughout the preceding calendar year, and
(B) such account amounts to not less than five times the largest amount of compensation paid from such account within any one of the three preceding calendar years, and
(C) such account amounts to not less than 7 « per centum of the total wages payable by him (plus the total wages payable by any other employers who may be contributing to such account) with respect to employment in such State in the preceding calendar year.
(b) Such additional credit shall be reduced, if any contributions under such law are made by such taxpayer at a lower rate under conditions not fulfilling the requirements of subsection (a), by the amount bearing the same ratio to such additional credit as the amount of contributions made at such lower rate bears to the total of his contributions paid for such year under such law.
(c) As used in this section-
(1) The term reserve account means a separate account in an unemployment fund, with respect to an employer or group of employers, from which compensation is payable only with respect to the unemployment of individuals who were in the employ of such employer, or of one of the employers comprising the group.
(2) The term pooled fund means an unemployment fund or any part thereof in which all contributions are mingled and undivided, and from which compensation is payable to all eligible individuals, except that to individuals last employed by employers with respect to whom reserve accounts are maintained by the State agency, it is payable only when such accounts are exhausted.
(3) The term guaranteed employment account means a separate account, in an unemployment fund, of contributions paid by an employer (or group of employers) who
(A) guarantees in advance thirty hours of wages for each of forty calendar weeks (or more, with one weekly hour deducted for each added week guaranteed) in twelve months, to all the individuals in his employ in one or more distinct establishments, except that any such individual s guaranty may commence after a probationary period (included within twelve or less consecutive calendar weeks), and
(B) gives security or assurance, satisfactory to the State agency, for the fulfillment of such guaranties, from which account compensation shall be payable with respect to the unemployment of any such individual whose guaranty is not fulfilled or renewed and who is otherwise eligible for compensation under the State law.
(4) The term year of compensation experience , as applied to an employer, means any calendar year throughout which compensation was payable with respect to any individual in his employ who became unemployed and was eligible for compensation.

 

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TITLE X- GRANTS TO STATES FOR AID TO THE BLIND APPROPRIATION
SECTION 1001. For the purpose of enabling each State to furnish financial assistance, as far as practicable under the conditions in such State, to needy individuals who are blind, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $3,000,000, and there is hereby authorized to be appropriated for each fiscal year thereafter a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Social Security Board, State plans for aid to the blind.

STATE PLANS FOR AID TO THE BLIND

SEC. 1002. (a) A State plan for aid to the blind must
(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State;
(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan;
(4) provide for granting to any individual, whose claim for aid is denied, an oppor- tunity for a fair hearing before such State agency;
(5) provide such methods of administration (other than those relating to selection, tenure of office, and compensation of personnel) as are found by the Board to be necessary for the efficient operation of the plan;
(6) provide that the State agency will make such reports, in such form and containing such information, as the Board may from time to time require, and comply with such provisions as the Board may from time to time find necessary to assure the correctness and verification of such reports; and
(7) provide that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan approved under section 2 of this Act.
(b) The Board shall approve any plan which fulfills the conditions specified in subsection (a), except that it shall not approve any plan which imposes, as a condition of eligibility for aid to the blind under the plan-
(1) Any residence requirement which excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for aid and has resided therein continuously for one year immediately preceding the application or
(2) Any citizenship requirement which excludes any citizen of the United States.

PAYMENT TO STATES

SEC. 1003. (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to the blind, for each quarter, beginning with the quarter commencing July 1, 1935,
(1) an amount which shall be used exclusively as aid to the blind equal to one-half of the total of the sums expended during such quarter as aid to the blind under the State plan with respect to each individual who is blind and is not an inmate of a public institution not counting so much of such expenditure with respect to any individual for any month as exceeds $30, and
(2) 5 per centum of such amount, which shall be used for paying the costs of administering the State plan or for aid to the blind, or both, and for no other purpose.
(b) The method of computing and paying such amounts shall be as follows:
(1) The Board shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under provisions of clause (1) of subsection (a), such estimate to be based on
(A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such clause, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than one-half of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived,
(B) records showing the number of blind individuals in the State, and
(C) such other investigation as the Board may find necessary.
(2) The Board shall then certify to the Secretary of the Treasury the amount so estimated by the Board, reduced or increased, as the case may be, by any sum by which it finds that its estimate for any prior quarter was greater or less than the amount which should have been paid to the State under clause (1) of subsection (a) for such quarter, except to the extent that such sum has been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Board for such prior quarter.
(3) The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Board, the amount so certified, increased by 5 per centum.

OPERATION OF STATE PLANS

SEC. 1004. In the case of any State plan for aid to the blind which has been approved by the Board, if the Board, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such a plan, finds–
(1) that the plan has been so changed as to impose any residence or citizenship requirement prohibited by section 1002 (b), or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or
(2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 1002 (a) be included in the plan; the Board shall notify such State agency that further payments will not be made to the State until the Board is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until it is satisfied it shall make no further certification to the Secretary of the Treasury with respect to such State.

ADMINISTRATION

SEC. 1005. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1936 the sum of $30,000, for all necessary expenses of the Board in administering the provisions of this title.

DEFINITION

SEC. 1006. When used in this title the term aid to the blind means money payments to blind individuals.

 

——————————————————————————–
TITLE XI- GENERAL PROVISIONS

DEFINITIONS SECTION 1101. (a) When used in this Act-
(1) The term State (except when used in section 531) includes Alaska, Hawaii, and the District of Columbia.
(2) The term United States when used in a geographical sense means the States, Alaska, Hawaii, and the District of Columbia.
(3) The term person means an individual, a trust or estate, a partnership, or a corporation.
(4) The term corporation includes associations, joint-stock companies, and insurance companies.
(5) The term shareholder includes a member in an association, joint- stock company, or insurance company.
(6) The term employee includes an officer of a corporation.
(b) The terms includes and including when used in a definition contained in this Act shall not be deemed to exclude other things otherwise within the meaning of the term defined.
(c) Whenever under this Act or any Act of Congress, or under the law of any State, an employer is required or permitted to deduct any amount from the remuneration of an employee and to pay the amount deducted to the United States, a State, or any political subdivision thereof, then for the purposes of this Act the amount so deducted shall be considered to have been paid to the employee at the time of such deduction.
(d) Nothing in this Act shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this Act, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child.

RULES AND REGULATIONS

SEC. 1102. The Secretary of the Treasury, the Secretary of Labor, and the Social Security Board respectively, shall make and publish such rules and regulations, not inconsistent with this Act, as may be necessary to the efficient administration of the functions with which each is charged under this Act.

SEPARABILITY

SEC. 1103. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby.

RESERVATION OF POWER

SEC. 1104. The right to alter, amend, or repeal any provision of this Act is hereby reserved to the Congress.

SHORT TITLE

SEC. 1105. This Act may be cited as the Social Security Act.

Approved, August 14, 1935.

 

 

Plessy v. Ferguson (1896)

During the era of Reconstruction, black Americans’ political rights were affirmed by three constitutional amendments and numerous laws passed by Congress. Racial discrimination was attacked on a particularly broad front by the Civil Rights Act of 1875. This legislation made it a crime for an individual to deny “the full and equal enjoyment of any of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color.”

In 1883, the Supreme Court struck down the 1875 act, ruling that the 14th Amendment did not give Congress authority to prevent discrimination by private individuals. Victims of racial discrimination were told to seek relief not from the Federal Government, but from the states. Unfortunately, state governments were passing legislation that codified inequality between the races. Laws requiring the establishment of separate schools for children of each race were most common; however, segregation was soon extended to encompass most public and semi-public facilities.

Beginning with passage of an 1887 Florida law, states began to require that railroads furnish separate accommodations for each race. These measures were unpopular with the railway companies that bore the expense of adding Jim Crow cars. Segregation of the railroads was even more objectionable to black citizens, who saw it as a further step toward the total repudiation of three constitutional amendments. When such a bill was proposed before the Louisiana legislature in 1890, the articulate black community of New Orleans protested vigorously. Nonetheless, despite the presence of 16 black legislators in the state assembly, the law was passed. It required either separate passenger coaches or partitioned coaches to provide segregated accommodations for each race. Passengers were required to sit in the appropriate areas or face a $25 fine or a 20-day jail sentence. Black nurses attending white children were permitted to ride in white compartments, however.

In 1891, a group of concerned young black men of New Orleans formed the “Citizens’ Committee to Test the Constitutionality of the Separate Car Law.” They raised money and engaged Albion W. Tourgée, a prominent Radical Republican author and politician, as their lawyer. On May 15, 1892, the Louisiana State Supreme Court decided in favor of the Pullman Company’s claim that the law was unconstitutional as it applied to interstate travel. Encouraged, the committee decided to press a test case on intrastate travel. With the cooperation of the East Louisiana Railroad, on June 7, 1892, Homer Plessy, a mulatto (7/8 white), seated himself in a white compartment, was challenged by the conductor, and was arrested and charged with violating the state law. In the Criminal District Court for the Parish of Orleans, Tourgée argued that the law requiring “separate but equal accommodations” was unconstitutional. When Judge John H. Ferguson ruled against him, Plessy applied to the State Supreme Court for a writ of prohibition and certiorari. Although the court upheld the state law, it granted Plessy’s petition for a writ of error that would enable him to appeal the case to the Supreme Court.

In 1896, the Supreme Court issued its decision in Plessy v. Ferguson. Justice Henry Brown of Michigan delivered the majority opinion, which sustained the constitutionality of Louisiana’s Jim Crow law. In part, he said:

“We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it… The argument also assumes that social prejudice may be overcome by legislation, and that equal rights cannot be secured except by an enforced commingling of the two races… If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

In a powerful dissent, conservation Kentuckian John Marshall Harlan wrote:

“I am of the opinion that the statute of Louisiana is inconsistent with the personal liberties of citizens, white and black, in that State, and hostile to both the spirit and the letter of the Constitution of the United States. If laws of like character should be enacted in the several States of the Union, the effect would be in the highest degree mischievous. Slavery as an institution tolerated by law would, it is true, have disappeared from our country, but there would remain a power in the States, by sinister legislation, to interfere with the blessings of freedom; to regulate civil rights common to all citizens, upon the basis of race; and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community, called the people of the United States, for whom an by whom, through representatives, our government is administrated. Such a system is inconsistent with the guarantee given by the Consititution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding.”

Indeed, it was not until the Supreme Court’s decision in Brown v. Board of Education of Topeka, Kansas and congressional civil rights acts of the 1950s and 1960s that systematic segregation under state law was ended. In the wake of those Federal actions, many states amended or rewrote their state constitutions to conform with the spirit of the 14th Amendment. But for Homer Plessy the remedies came too late.

 

 

Transcript of Plessy v. Ferguson (1896)

(Transcription of the Judgement of the Supreme Court of the United States in Plessy v. Ferguson.)

Supreme Court of the United States,
No. 210, October Term, 1895.

Homer Adolph Plessy,
Plaintiff in Error,
vs.
J.H. Ferguson, Judge of Section “A”
Criminal District Court for the Parish of Orleans

In Error to the Supreme Court of the State of Louisiana

This cause came on to be heard on the transcript of the record from the Supreme Court of the State of Louisiana, and was argued by counsel.

On consideration whereof, It is now here ordered and adjudged by this Court that the judgement of the said Supreme Court, in this cause, be and the the same is hereby, affirmed with costs.

per Mr. Justice Brown,
May 18, 1896.

Dissenting:
Mr. Justice Harlan

---

(Transcription of Opinion of the Supreme Court of the United States in Plessy v. Ferguson.)

U.S. Supreme Court
PLESSY v. FERGUSON, 163 U.S. 537 (1896)

163 U.S. 537
PLESSY
v.
FERGUSON.
No. 210.

May 18, 1896.
This was a petition for writs of prohibition and certiorari originally filed in the supreme court of the state by Plessy, the plaintiff in error, against the Hon. John H. Ferguson, judge of the criminal district court for the parish of Orleans, and setting forth, in substance, the following facts:

That petitioner was a citizen of the United States and a resident of the state of Louisiana, of mixed descent, in the proportion of seven-e ghths Caucasian and one-eighth African blood; that the mixture of colored blood was not discernible in him, and that he was entitled to every recognition, right, privilege, and immunity secured to the citizens of the United States of the white race by its constitution and laws; that on June 7, 1892, he engaged and paid for a first-class passage on the East Louisiana Railway, from New Orleans to Covington, in the same state, and thereupon entered a passenger train, and took possession of a vacant seat in a coach where passengers of the white race were accommodated; that such railroad company was incorporated by the laws of Louisiana as a common carrier, and was not authorized to distinguish between citizens according to their race, but, notwithstanding this, petitioner was required by the conductor, under penalty of ejection from said train and imprisonment, to vacate said coach, and occupy another seat, in a coach assigned by said company for persons not of the white race, and for no other reason than that petitioner was of the colored race; that, upon petitioner’s refusal to comply with such order, he was, with the aid of a police officer, forcibly ejected from said coach, and hurried off to, and imprisoned in, the parish jail of New Orleans, and there held to answer a charge made by such officer to the effect that he was guilty of having criminally violated an act of the general assembly of the state, approved July 10, 1890, in such case made and provided.

The petitioner was subsequently brought before the recorder of the city for preliminary examination, and committed for trial to the criminal district court for the parish of Orleans, where an information was filed against him in the matter above set forth, for a violation of the above act, which act the petitioner affirmed to be null and void, because in conflict with the constitution of the United States; that petitioner interposed a plea to such information, based upon the unconstitutionality of the act of the general assembly, to which the district attorney, on behalf of the state, filed a demurrer; that, upon issue being joined upon such demurrer and plea, the court sustained the demurrer, overruled the plea, and ordered petitioner to plead over to the facts set forth in the information, and that, unless the judge of the said court be enjoined by a writ of prohibition from further proceeding in such case, the court will proceed to fine and sentence petitioner to imprisonment, and thus deprive him of his constitutional rights set forth in his said plea, notwithstanding the unconstitutionality of the act under which he was being prosecuted; that no appeal lay from such sentence, and petitioner was without relief or remedy except by writs of prohibition and certiorari. Copies of the information and other proceedings in the criminal district court were annexed to the petition as an exhibit.

Upon the filing of this petition, an order was issued upon the respondent to show cause why a writ of prohibition should not issue, and be made perpetual, and a further order that the record of the proceedings had in the criminal cause be certified and transmitted to the supreme court.

To this order the respondent made answer, transmitting a certified copy of the proceedings, asserting the constitutionality of the law, and averring that, instead of pleading or admitting that he belonged to the colored race, the said Plessy declined and refused, either by pleading or otherwise, to ad- mit that he was in any sense or in any proportion a colored man.

The case coming on for hearing before the supreme court, that court was of opinion that the law under which the prosecution was had was constitutional and denied the relief prayed for by the petitioner (Ex parte Plessy, 45 La. Ann. 80, 11 South. 948); whereupon petitioner prayed for a writ of error from this court, which was allowed by the chief justice of the supreme court of Louisiana.

Mr. Justice Harlan dissenting.

A. W. Tourgee and S. F. Phillips, for plaintiff in error.

Alex. Porter Morse, for defendant in error.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

This case turns upon the constitutionality of an act of the general assembly of the state of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. Acts 1890, No. 111, p. 152.

The first section of the statute enacts ‘that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations: provided, that this section shall not be construed to apply to street railroads. No person or persons shall be permitted to occupy seats in coaches, other than the ones assigned to them, on account of the race they belong to.’

By the second section it was enacted ‘that the officers of such passenger trains shall have power and are hereby required to assign each passenger to the coach or compartment used for the race to which such passenger belongs; any passenger insisting on going into a coach or compartment to which by race he does not belong, shall be liable to a fine of twenty-five dollars, or in lieu thereof to imprisonment for a period of not more than twenty days in the parish prison, and any officer of any railroad insisting on assigning a passenger to a coach or compartment other than the one set aside for the race to which said passenger belongs, shall be liable to a fine of twenty-five dollars, or in lieu thereof to imprisonment for a period of not more than twenty days in the parish prison; and should any passenger refuse to occupy the coach or compartment to which he or she is assigned by the officer of such railway, said officer shall have power to refuse to carry such passenger on his train, and for such refusal neither he nor the railway company which he represents shall be liable for damages in any of the courts of this state.’

The third section provides penalties for the refusal or neglect of the officers, directors, conductors, and employees of railway companies to comply with the act, with a proviso that ‘nothing in this act shall be construed as applying to nurses attending children of the other race.’ The fourth section is immaterial.

The information filed in the criminal district court charged, in substance, that Plessy, being a passenger between two stations within the state of Louisiana, was assigned by officers of the company to the coach used for the race to which he belonged, but he insisted upon going into a coach used by the race to which he did not belong. Neither in the information nor plea was his particular race or color averred.

The petition for the writ of prohibition averred that petitioner was seven-eights Caucasian and one-eighth African blood; that the mixture of colored blood was not discernible in him; and that he was entitled to every right, privilege, and immunity secured to citizens of the United States of the white race; and that, upon such theory, he took possession of a vacant seat in a coach where passengers of the white race were accommodated, and was ordered by the conductor to vacate said coach, and take a seat in another, assigned to persons of the colored race, and, having refused to comply with such demand, he was forcibly ejected, with the aid of a police officer, and imprisoned in the parish jail to answer a charge of having violated the above act.

The constitutionality of this act is attacked upon the ground that it conflicts both with the thirteenth amendment of the constitution, abolishing slavery, and the fourteenth amendment, which prohibits certain restrictive legislation on the part of the states.

1. That it does not conflict with the thirteenth amendment, which abolished slavery and involuntary servitude, except a punishment for crime, is too clear for argument. Slavery implies involuntary servitude,-a state of bondage; the ownership of mankind as a chattel, or, at least, the control of the labor and services of one man for the benefit of another, and the absence of a legal right to the disposal of his own person, property, and services. This amendment was said in the Slaughter-House Cases, 16 Wall. 36, to have been intended primarily to abolish slavery, as it had been previously known in this country, and that it equally forbade Mexican peonage or the Chinese coolie trade, when they amounted to slavery or involuntary servitude, and that the use of the word ‘servitude’ was intended to prohibit the use of all forms of involuntary slavery, of whatever class or name. It was intimated, however, in that case, that this amendment was regarded by the statesmen of that day as insufficient to protect the colored race from certain laws which had been enacted in the Southern states, imposing upon the colored race onerous disabilities and burdens, and curtailing their rights in the pursuit of life, liberty, and property to such an extent that their freedom was of little value; and that the fourteenth amendment was devised to meet this exigency.

So, too, in the Civil Rights Cases, 109 U.S. 3, 3 Sup. Ct. 18, it was said that the act of a mere individual, the owner of an inn, a public conveyance or place of amusement, refusing accommodations to colored people, cannot be justly regarded as imposing any badge of slavery or servitude upon the applicant, but only as involving an ordinary civil injury, properly cognizable by the laws of the state, and presumably subject to redress by those laws until the contrary appears. ‘It would be running the slavery question into the ground,’ said Mr. Justice Bradley, ‘to make it apply to every act of discrimination which a person may see fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theater, or deal with in other matters of intercourse or business.’

A statute which implies merely a legal distinction between the white and colored races-a distinction which is founded in the color of the two races, and which must always exist so long as white men are distinguished from the other race by color-has no tendency to destroy the legal equality of the two races, or re-establish a state of involuntary servitude. Indeed, we do not understand that the thirteenth amendment is strenuously relied upon by the plaintiff in error in this connection.

2. By the fourteenth amendment, all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are made citizens of the United States and of the state wherein they reside; and the states are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction the equal protection of the laws.

The proper construction of this amendment was first called to the attention of this court in the Slaughter-House Cases, 16 Wall. 36, which involved, however, not a question of race, but one of exclusive privileges. The case did not call for any expression of opinion as to the exact rights it was intended to secure to the colored race, but it was said generally that its main purpose was to establish the citizenship of the negro, to give definitions of citizenship of the United States and of the states, and to protect from the hostile legislation of the states the privileges and immunities of citizens of the United States, as distinguished from those of citizens of the states. The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguish d from political, equality, or a commingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation, in places where they are liable to be brought into contact, do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power. The most common instance of this is connected with the establishment of separate schools for white and colored children, which have been held to be a valid exercise of the legislative power even by courts of states where the political rights of the colored race have been longest and most earnestly enforced.

One of the earliest of these cases is that of Roberts v. City of Boston, 5 Cush. 198, in which the supreme judicial court of Massachusetts held that the general school committee of Boston had power to make provision for the instruction of colored children in separate schools established exclusively for them, and to prohibit their attendance upon the other schools. ‘The great principle,’ said Chief Justice Shaw, ‘advanced by the learned and eloquent advocate for the plaintiff [Mr. Charles Sumner], is that, by the constitution and laws of Massachusetts, all persons, without distinction of age or sex, birth or color, origin or condition, are equal before the law. … But, when this great principle comes to be applied to the actual and various conditions of persons in society, it will not warrant the assertion that men and women are legally clothed with the same civil and political powers, and that children and adults are legally to have the same functions and be subject to the same treatment; but only that the rights of all, as they are settled and regulated by law, are equally entitled to the paternal consideration and protection of the law for their maintenance and security.’ It was held that the powers of the committee extended to the establish- ment of separate schools for children of different ages, sexes and colors, and that they might also establish special schools for poor and neglected children, who have become too old to attend the primary school, and yet have not acquired the rudiments of learning, to enable them to enter the ordinary schools. Similar laws have been enacted by congress under its general power of legislation over the District of Columbia (sections 281- 283, 310, 319, Rev. St. D. C.), as well as by the legislatures of many of the states, and have been generally, if not uniformly, sustained by the courts. State v. McCann, 21 Ohio St. 210; Lehew v. Brummell (Mo. Sup.) 15 S. W. 765; Ward v. Flood, 48 Cal. 36; Bertonneau v. Directors of City Schools, 3 Woods, 177, Fed. Cas. No. 1,361; People v. Gallagher, 93 N. Y. 438; Cory v. Carter, 48 Ind. 337; Dawson v. Lee, 83 Ky. 49.

Laws forbidding the intermarriage of the two races may be said in a technical sense to interfere with the freedom of contract, and yet have been universally recognized as within the police power of the state. State v. Gibson, 36 Ind. 389.

The distinction between laws interfering with the political equality of the negro and those requiring the separation of the two races in schools, theaters, and railway carriages has been frequently drawn by this court. Thus, in Strauder v. West Virginia, 100 U.S. 303, it was held that a law of West Virginia limiting to white male persons 21 years of age, and citizens of the state, the right to sit upon juries, was a discrimination which implied a legal inferiority in civil society, which lessened the security of the right of the colored race, and was a step towards reducing them to a condition of servility. Indeed, the right of a colored man that, in the selection of jurors to pass upon his life, liberty, and property, there shall be no exclusion of his race, and no discrimination against them because of color, has been asserted in a number of cases. Virginia v. Rivers, 100 U.S. 313 ; Neal v. Delaware, 103 U.S. 370 ; ush v. Com., 107 U.S. 110 , 1 Sup. Ct. 625; Gibson v. Mississippi, 162 U.S. 565 , 16 Sup. Ct. 904. So, where the laws of a particular locality or the charter of a particular railway corporation has provided that no person shall be excluded from the cars on account of color, we have held that this meant that persons of color should travel in the same car as white ones, and that the enactment was not satisfied by the company providing cars assigned exclusively to people of color, though they were as good as those which they assigned exclusively to white persons. Railroad Co. v. Brown, 17 Wall. 445.

Upon the other hand, where a statute of Louisiana required those engaged in the transportation of passengers among the states to give to all persons traveling within that state, upon vessels employed in that business, equal rights and privileges in all parts of the vessel, without distinction on account of race or color, and subjected to an action for damages the owner of such a vessel who excluded colored passengers on account of their color from the cabin set aside by him for the use of whites, it was held to be, so far as it applied to interstate commerce, unconstitutional and void. Hall v. De Cuir, 95 U.S. 485 . The court in this case, however, expressly disclaimed that it had anything whatever to do with the statute as a regulation of internal commerce, or affecting anything else than commerce among the states.

In the Civil Rights Cases, 109 U.S. 3 , 3 Sup. Ct. 18, it was held that an act of congress entitling all persons within the jurisdiction of the United States to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances, on land or water, theaters, and other places of public amusement, and made applicable to citizens of every race and color, regardless of any previous condition of servitude, was unconstitutional and void, upon the ground that the fourteenth amendment was prohibitory upon the states only, and the legislation authorized to be adopted by congress for enforcing it was not direct legislation on matters respecting which the states were prohibited from making or enforcing certain laws, or doing certain acts, but was corrective legislation, such as might be necessary or proper for counter-acting and redressing the effect of such laws or acts. In delivering the opinion of the court, Mr. Justice Bradley observed that the fourteenth amendment ‘does not invest congress with power to legislate upon subjects that are within the domain of state legislation, but to provide modes of relief against state legislation or state action of the kind referred to. It does not authorize congress to create a code of municipal law for the regulation of private rights, but to provide modes of redress against the operation of state laws, and the action of state officers, executive or judicial, when these are subversive of the fundamental rights specified in the amendment. Positive rights and privileges are undoubtedly secured by the fourteenth amendment; but they are secured by way of prohibition against state laws and state proceedings affecting those rights and privileges, and by power given to congress to legislate for the purpose of carrying such prohibition into effect; and such legislation must necessarily be predicated upon such supposed state laws or state proceedings, and be directed to the correction of their operation and effect.’

Much nearer, and, indeed, almost directly in point, is the case of the Louisville, N. O. & T. Ry. Co. v. State, 133 U.S. 587 , 10 Sup. Ct. 348, wherein the railway company was indicted for a violation of a statute of Mississippi, enacting that all railroads carrying passengers should provide equal, but separate, accommodations for the white and colored races, by providing two or more passenger cars for each passenger train, or by dividing the passenger cars by a partition, so as to secure separate accommodations. The case was presented in a different aspe t from the one under consideration, inasmuch as it was an indictment against the railway company for failing to provide the separate accommodations, but the question considered was the constitutionality of the law. In that case, the supreme court of Mississippi (66 Miss. 662, 6 South. 203) had held that the statute applied solely to commerce within the state, and, that being the construction of the state statute by its highest court, was accepted as conclusive. ‘If it be a matter,’ said the court (page 591, 133 U. S., and page 348, 10 Sup. Ct.), ‘respecting commerce wholly within a state, and not interfering with commerce between the states, then, obviously, there is no violation of the commerce clause of the federal constitution. … No question arises under this section as to the power of the state to separate in different compartments interstate pas- sengers, or affect, in any manner, the privileges and rights of such passengers. All that we can consider is whether the state has the power to require that railroad trains within her limits shall have separate accommodations for the two races. That affecting only commerce within the state is no invasion of the power given to congress by the commerce clause.’

A like course of reasoning applies to the case under consideration, since the supreme court of Louisiana, in the case of State v. Judge, 44 La. Ann. 770, 11 South. 74, held that the statute in question did not apply to interstate passengers, but was confined in its application to passengers traveling exclusively within the borders of the state. The case was decided largely upon the authority of Louisville, N. O. & T. Ry. Co. v. State, 66 Miss. 662, 6 South, 203, and affirmed by this court in 133 U.S. 587 , 10 Sup. Ct. 348. In the present case no question of interference with interstate commerce can possibly arise, since the East Louisiana Railway appears to have been purely a local line, with both its termini within the state of Louisiana. Similar statutes for the separation of the two races upon public conveyances were held to be constitutional in Railroad v. Miles, 55 Pa. St. 209; Day v. Owen 5 Mich. 520; Railway Co. v. Williams, 55 Ill. 185; Railroad Co. v. Wells, 85 Tenn. 613; 4 S. W. 5; Railroad Co. v. Benson, 85 Tenn. 627, 4 S. W. 5; The Sue, 22 Fed. 843; Logwood v. Railroad Co., 23 Fed. 318; McGuinn v. Forbes, 37 Fed. 639; People v. King ( N. Y. App.) 18 N. E. 245; Houck v. Railway Co., 38 Fed. 226; Heard v. Railroad Co., 3 Inter St. Commerce Com. R. 111, 1 Inter St. Commerce Com. R. 428.

While we think the enforced separation of the races, as applied to the internal commerce of the state, neither abridges the privileges or immunities of the colored man, deprives him of his property without due process of law, nor denies him the equal protection of the laws, within the meaning of the fourteenth amendment, we are not prepared to say that the conductor, in assigning passengers to the coaches according to their race, does not act at his peril, or that the provision of the second section of the act that denies to the passenger compensa- tion in damages for a refusal to receive him into the coach in which he properly belongs is a valid exercise of the legislative power. Indeed, we understand it to be conceded by the state’s attorney that such part of the act as exempts from liability the railway company and its officers is unconstitutional. The power to assign to a particular coach obviously implies the power to determine to which race the passenger belongs, as well as the power to determine who, under the laws of the particular state, is to be deemed a white, and who a colored, person. This question, though indicated in the brief of the plaintiff in error, does not properly arise upon the record in this case, since the only issue made is as to the unconstitutionality of the act, so far as it requires the railway to provide separate accommodations, and the conductor to assign passengers according to their race.

It is claimed by the plaintiff in error that, in an mixed community, the reputation of belonging to the dominant race, in this instance the white race, is ‘property,’ in the same sense that a right of action or of inheritance is property. Conceding this to be so, for the purposes of this case, we are unable to see how this statute deprives him of, or in any way affects his right to, such property. If he be a white man, and assigned to a colored coach, he may have his action for damages against the company for being deprived of his so-called ‘property.’ Upon the other hand, if he be a colored man, and be so assigned, he has been deprived of no property, since he is not lawfully entitled to the reputation of being a white man.

In this connection, it is also suggested by the learned counsel for the plaintiff in error that the same argument that will justify the state legislature in requiring railways to provide separate accommodations for the two races will also authorize them to require separate cars to be provided for people whose hair is of a certain color, or who are aliens, or who belong to certain nationalities, or to enact laws requiring colored people to walk upon one side of the street, and white people upon the other, or requiring white men’s houses to be painted white, and colored men’s black, or their vehicles or business signs to be of different colors, upon the theory that one side of the street is as good as the other, or that a house or vehicle of one color is as good as one of another color. The reply to all this is that every exercise of the police power must be reasonable, and extend only to such laws as are enacted in good faith for the promotion of the public good, and not for the annoyance or oppression of a particular class. Thus, in Yick Wo v. Hopkins, 118 U.S. 356 , 6 Sup. Ct. 1064, it was held by this court that a municipal ordinance of the city of San Francisco, to regulate the carrying on of public laundries within the limits of the municipality, violated the provisions of the constitution of the United States, if it conferred upon the municipal authorities arbitrary power, at their own will, and without regard to discretion, in the legal sense of the term, to give or withhold consent as to persons or places, without regard to the competency of the persons applying or the propriety of the places selected for the carrying on of the business. It was held to be a covert attempt on the part of the municipality to make an arbitrary and unjust discrimination against the Chinese race. While this was the case of a municipal ordinance, a like principle has been held to apply to acts of a state legislature passed in the exercise of the police power. Railroad Co. v. Husen, 95 U.S. 465 ; Louisville & N. R. Co. v. Kentucky, 161 U.S. 677 , 16 Sup. Ct. 714, and cases cited on page 700, 161 U. S., and page 714, 16 Sup. Ct.; Daggett v. Hudson, 43 Ohio St. 548, 3 N. E. 538; Capen v. Foster, 12 Pick. 485; State v. Baker, 38 Wis. 71; Monroe v. Collins, 17 Ohio St. 665; Hulseman v. Rems, 41 Pa. St. 396; Osman v. Riley, 15 Cal. 48.

So far, then, as a conflict with the fourteenth amendment is concerned, the case reduces itself to the question whether the statute of Louisiana is a reasonable regulation, and with respect to this there must necessarily be a large discretion on the part of the legislature. In determining the question of reasonableness, it is at liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order. Gauged by this standard, we cannot say that a law which authorizes or even requires the separation of the two races in public conveyances is unreasonable, or more obnoxious to the fourteenth amendment than the acts of congress requiring separate schools for colored children in the District of Columbia, the constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures.

We consider the u derlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it. The argument necessarily assumes that if, as has been more than once the case, and is not unlikely to be so again, the colored race should become the dominant power in the state legislature, and should enact a law in precisely similar terms, it would thereby relegate the white race to an inferior position. We imagine that the white race, at least, would not acquiesce in this assumption. The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races. We cannot accept this proposition. If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other’s merits, and a voluntary consent of individuals. As was said by the court of appeals of New York in People v. Gallagher, 93 N. Y. 438, 448: ‘This end can neither be accomplished nor promoted by laws which conflict with the general sentiment of the community upon whom they are designed to operate. When the government, therefore, has secured to each of its citizens equal rights before the law, and equal opportunities for improvement and progress, it has accomplished the end for which it was organized, and performed all of the functions respecting social advantages with which it is endowed.’ Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane.

It is true that the question of the proportion of colored blood necessary to constitute a colored person, as distinguished from a white person, is one upon which there is a difference of opinion in the different states; some holding that any visible admixture of black blood stamps the person as belonging to the colored race (State v. Chavers, 5 Jones [N. C.] 1); others, that it depends upon the preponderance of blood ( Gray v. State, 4 Ohio, 354; Monroe v. Collins, 17 Ohio St. 665); and still others, that the predominance of white blood must only be in the proportion of three-fourths (People v. Dean, 14 Mich. 406; Jones v. Com., 80 Va. 544). But these are questions to be determined under the laws of each state, and are not properly put in issue in this case. Under the allegations of his petition, it may undoubtedly become a question of importance whether, under the laws of Louisiana, the petitioner belongs to the white or colored race.

The judgment of the court below is therefore affirmed.

Mr. Justice BREWER did not hear the argument or participate in the decision of this case.

Mr. Justice HARLAN dissenting.

By the Louisiana statute the validity of which is here involved, all railway companies (other than street-railroad companies) carry passengers in that state are required to have separate but equal accommodations for white and colored persons, ‘by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations.’ Under this statute, no colored person is permitted to occupy a seat in a coach assigned to white persons; nor any white person to occupy a seat in a coach assigned to colored persons. The managers of the railroad are not allowed to exercise any discretion in the premises, but are required to assign each passenger to some coach or compartment set apart for the exclusive use of is race. If a passenger insists upon going into a coach or compartment not set apart for persons of his race, he is subject to be fined, or to be imprisoned in the parish jail. Penalties are prescribed for the refusal or neglect of the officers, directors, conductors, and employees of railroad companies to comply with the provisions of the act.

Only ‘nurses attending children of the other race’ are excepted from the operation of the statute. No exception is made of colored attendants traveling with adults. A white man is not permitted to have his colored servant with him in the same coach, even if his condition of health requires the constant personal assistance of such servant. If a colored maid insists upon riding in the same coach with a white woman whom she has been employed to serve, and who may need her personal attention while traveling, she is subject to be fined or imprisoned for such an exhibition of zeal in the discharge of duty.

While there may be in Louisiana persons of different races who are not citizens of the United States, the words in the act ‘white and colored races’ necessarily include all citizens of the United States of both races residing in that state. So that we have before us a state enactment that compels, under penalties, the separation of the two races in railroad passenger coaches, and makes it a crime for a citizen of either race to enter a coach that has been assigned to citizens of the other race.

Thus, the state regulates the use of a public highway by citizens of the United States solely upon the basis of race.

However apparent the injustice of such legislation may be, we have only to consider whether it is consistent with the constitution of the United States.

That a railroad is a public highway, and that the corporation which owns or operates it is in the exercise of public functions, is not, at this day, to be disputed. Mr. Justice Nelson, speaking for this court in New Jersey Steam Nav. Co. v. Merchants’ Bank, 6 How. 344, 382, said that a common carrier was in the exercise ‘of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself without the assent of the parties concerned.’ Mr. Justice Strong, delivering the judgment of this court in Olcott v. Supervisors, 16 Wall. 678, 694, said: ‘That railroads, though constructed by private corporations, and owned by them, are public highways, has been the doctrine of nearly all the courts ever since such conveniences for passage and transportation have had any existence. Very early the question arose whether a state’s right of eminent domain could be exercised by a private corporation created for the purpose of constructing a railroad. Clearly, it could not, unless taking land for such a purpose by such an agency is taking land for public use. The right of eminent domain nowhere justifies taking property for a private use. Yet it is a doctrine universally accepted that a state legislature may authorize a private corporation to take land for the construction of such a road, making compensation to the owner. What else does this doctrine mean if not that building a railroad, though it be built by a private corporation, is an act done for a public use?’ So, in Township of Pine Grove v. Talcott, 19 Wall. 666, 676: ‘Though the corporation [a railroad company] was private, its work was public, as much so as if it were to be constructed by the state.’ So, in Inhabitants of Worcester v. Western R. Corp., 4 Metc. (Mass.) 564: ‘The establishment of that great thoroughfare is regarded as a public work, established by public authority, intended for the public use and benefit, the use of which is secured to the whole community, and constitutes, therefore, like a canal, turnpike, or highway, a public easement.’ ‘It is true that the real and personal property, necessary to the establishment and management of the railroad, is vested in the corporation; but it is in trust for the public.’

In respect of civil r ghts, common to all citizens, the constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the enjoyment of such rights. Every true man has pride of race, and under appropriate circumstances, when the rights of others, his equals before the law, are not to be affected, it is his privilege to express such pride and to take such action based upon it as to him seems proper. But I deny that any legislative body or judicial tribunal may have regard to the race of citizens when the civil rights of those citizens are involved. Indeed, such legislation as that here in question is inconsistent not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by every one within the United States.

The thirteenth amendment does not permit the withholding or the deprivation of any right necessarily inhering in freedom. It not only struck down the institution of slavery as previously existing in the United States, but it prevents the imposition of any burdens or disabilities that constitute badges of slavery or servitude. It decreed universal civil freedom in this country. This court has so adjudged. But, that amendment having been found inadequate to the protection of the rights of those who had been in slavery, it was followed by the fourteenth amendment, which added greatly to the dignity and glory of American citizenship, and to the security of personal liberty, by declaring that ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,’ and that ‘no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.’ These two amendments, if enforced according to their true intent and meaning, will protect all the civil rights that pertain to freedom and citizenship. Finally, and to the end that no citizen should be denied, on account of his race, the privilege of participating in the political control of his country, it was declared by the fifteenth amendment that ‘the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color or previous condition of servitude.’

These notable additions to the fundamental law were welcomed by the friends of liberty throughout the world. They removed the race line from our governmental systems. They had, as this court has said, a common purpose, namely, to secure ‘to a race recently emancipated, a race that through many generations have been held in slavery, all the civil rights that the superior race enjoy.’ They declared, in legal effect, this court has further said, ‘that the law in the states shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the states; and in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color.’ We also said: ‘The words of the amendment, it is true, are prohibitory, but they contain a necessary implication of a positive immunity or right, most valuable to the colored race,-the right to exemption from unfriendly legislation against them distinctively as colored; exemption from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy; and discriminations which are steps towards reducing them to the condition of a subject race.’ It was, consequently, adjudged that a state law that excluded citizens of the colored race from juries, because of their race, however well qualified in other respects to dischar e the duties of jurymen, was repugnant to the fourteenth amendment. Strauder v. West Virginia, 100 U.S. 303, 306 , 307 S.; Virginia v. Rives, Id. 313; Ex parte Virginia, Id. 339; Neal v. Delaware, 103 U.S. 370 , 386; Bush v. Com., 107 U.S. 110, 116 , 1 S. Sup. Ct. 625. At the present term, referring to the previous adjudications, this court declared that ‘underlying all of those decisions is the principle that the constitution of the United States, in its present form, forbids, so far as civil and political rights are concerned, discrimination by the general government or the states against any citizen because of his race. All citizens are equal before the law.’ Gibson v. State, 162 U.S. 565 , 16 Sup. Ct. 904.

The decisions referred to show the scope of the recent amendments of the constitution. They also show that it is not within the power of a state to prohibit colored citizens, because of their race, from participating as jurors in the administration of justice.

It was said in argument that the statute of Louisiana does not discriminate against either race, but prescribes a rule applicable alike to white and colored citizens. But this argument does not meet the difficulty. Every one knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons. Railroad corporations of Louisiana did not make discrimination among whites in the matter of commodation for travelers. The thing to accomplish was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. No one would be so wanting in candor as to assert the contrary. The fundamental objection, therefore, to the statute, is that it interferes with the personal freedom of citizens. ‘Personal liberty,’ it has been well said, ‘consists in the power of locomotion, of changing situation, or removing one’s person to whatsoever places one’s own inclination may direct, without imprisonment or restraint, unless by due course of law.’ 1 Bl. Comm. *134. If a white man and a black man choose to occupy the same public conveyance on a public highway, it is their right to do so; and no government, proceeding alone on grounds of race, can prevent it without infringing the personal liberty of each.

It is one thing for railroad carriers to furnish, or to be required by law to furnish, equal accommodations for all whom they are under a legal duty to carry. It is quite another thing for government to forbid citizens of the white and black races from traveling in the same public conveyance, and to punish officers of railroad companies for permitting persons of the two races to occupy the same passenger coach. If a state can prescribe, as a rule of civil conduct, that whites and blacks shall not travel as passengers in the same railroad coach, why may it not so regulate the use of the streets of its cities and towns as to compel white citizens to keep on one side of a street, and black citizens to keep on the other? Why may it not, upon like grounds, punish whites and blacks who ride together in street cars or in open vehicles on a public road or street? Why may it not require sheriffs to assign whites to one side of a court room, and blacks to the other? And why may it not also prohibit the commingling of the two races in the galleries of legislative halls or in public assemblages convened for the consideration of the political questions of the day? Further, if this statute of Louisiana is consistent with the personal liberty of citizens, why may not the state require the separation in railroad coaches of native and naturalized citizens of the United States, or of Protestants and Roman Catholics?

The answer given at the argument to these questions was that regulations of the kind they suggest would be unreasonable, and could not, therefore, stand before the la . Is it meant that the determination of questions of legislative power depends upon the inquiry whether the statute whose validity is questioned is, in the judgment of the courts, a reasonable one, taking all the circumstances into consideration? A statute may be unreasonable merely because a sound public policy forbade its enactment. But I do not understand that the courts have anything to do with the policy or expediency of legislation. A statute may be valid, and yet, upon grounds of public policy, may well be characterized as unreasonable. Mr. Sedgwick correctly states the rule when he says that, the legislative intention being clearly ascertained, ‘the courts have no other duty to perform than to execute the legislative will, without any regard to their views as to the wisdom or justice of the particular enactment.’ Sedg. St. & Const. Law, 324. There is a dangerous tendency in these latter days to enlarge the functions of the courts, by means of judicial interference with the will of the people as expressed by the legislature. Our institutions have the distinguishing characteristic that the three departments of government are co-ordinate and separate. Each much keep within the limits defined by the constitution. And the courts best discharge their duty by executing the will of the law-making power, constitutionally expressed, leaving the results of legislation to be dealt with by the people through their representatives. Statutes must always have a reasonable construction. Sometimes they are to be construed strictly, sometimes literally, in order to carry out the legisla- tive will. But, however construed, the intent of the legislature is to be respected if the particular statute in question is valid, although the courts, looking at the public interests, may conceive the statute to be both unreasonable and impolitic. If the power exists to enact a statute, that ends the matter so far as the courts are concerned. The adjudged cases in which statutes have been held to be void, because unreasonable, are those in which the means employed by the legislature were not at all germane to the end to which the legislature was competent.

The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth, and in power. So, I doubt not, it will continue to be for all time, if it remains true to its great heritage, and holds fast to the principles of constitutional liberty. But in view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guarantied by the spreme law of the land are involved. It is therefore to be regretted that this high tribunal, the final expositor of the fundamental law of the land, has reached the conclusion that it is competent for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.

In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case.

It was adjudged in that case that the descendants of Africans who were imported into this country, and sold as slaves, were not included nor intended to be included under the word ‘citizens’ in the constitution, and could not claim any of the rights and privileges which that instrument provided for and secured to citizens of the United States; that, at time of the adoption of the constitution, they were ‘considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the government might choose to grant them.’ 17 How. 393, 404. The recent amendments of the constitution, it was supposed, had eradicated these principles from our institutions. But it seems that we have yet, in some of the states, a dominant race,-a superior class of citizens,-which assumes to regulate the enjoyment of civil rights, common to all citizens, upon the basis of race. The present decision, it may well be apprehended, will not only stimulate aggressions, more or less brutal and irritating, upon the admitted rights of colored citizens, but will encourage the belief that it is possible, by means of state enactments, to defeat the beneficent purposes which the people of the United States had in view when they adopted the recent amendments of the constitution, by one of which the blacks of this country were made citizens of the United States and of the states in which they respectively reside, and whose privileges and immunities, as citizens, the states are forbidden to abridge. Sixty millions of whites are in no danger from the presence here of eight millions of blacks. The destinies of the two races, in this country, are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.

The sure guaranty of the peace and security of each race is the clear, distinct, unconditional recognition by our governments, national and state, of every right that inheres in civil freedom, and of the equality before the law of all citizens of the United States, without regard to race. State enactments regulating the enjoyment of civil rights upon the basis of race, and cunningly devised to defeat legitimate results of the war, under the pretense of recognizing equality of rights, can have no other result than to render permanent peace impossible, and to keep alive a conflict of races, the continuance of which must do harm to all concerned. This question is not met by the suggestion that social equality cannot exist between the white and black races in this country. That argument, if it can be properly regarded as one, is scarcely worthy of consideration; for social equality no more exists between two races when traveling in a passenger coach or a public highway than when members of the same races sit by each other in a street car or in the jury box, or stand or sit with each other in a political assembly, or when they use in common the streets of a city or town, or when they are in the same room for the purpose of having their names placed on the registry of voters, or when they approach the ballot box in order to exercise the high privilege of voting.

There is a race so different from our own that we do not permit those belonging to it to become citizens of the United States. Persons belonging to it are, with few exceptions, absolutely excluded from our country. I allude to the Chinese race. But, by the statute in question, a Chinaman can ride in the same passenger coach with white citizens of the United States, while citizens of the black race in Louisiana, many of whom, perhaps, risked their lives for the preservation of the Union, who are entitled, by law, to participate in the political control of the state and nation, who are not excluded, by law or by reason of their race, from public stations of any kind, and who have all the legal rights that belong to white citizens, are yet declared to be criminals, liable to imprisonment, if they ride in a public coach occupied by citizens of the white race. It is scarcely just to say that a colored citizen should not object to occupying a public coach assigned to his own race. He does not object, nor, perhaps, would he object to separate coaches for his race if his rights under the law were recognized. But he does object, and he ought never to cease objecting, that citizens of the white and black races can be adjudged criminals because they sit, or claim the right to sit, in the same public coach on a public highway. The arbitrary separation of citizens, on the basis of race, while they are on a public highway, is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the constitution. It cannot be justified upon any legal grounds.

If evils will result from the commingling of the two races upon public highways established for the benefit of all, they will be infinitely less than those that will surely come from state legislation regulating the enjoyment of civil rights upon the basis of race. We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow citizens,-our equals before the law. The thin disguise of ‘equal’ accommodations for passengers in railroad coaches will not mislead any one, nor atone for the wrong this day done.

The result of the whole matter is that while this court has frequently adjudged, and at the present term has recognized the doctrine, that a state cannot, consistently with the constitution of the United States, prevent white and black citizens, having the required qualifications for jury service, from sitting in the same jury box, it is now solemnly held that a state may prohibit white and black citizens from sitting in the same passenger coach on a public highway, or may require that they be separated by a ‘partition’ when in the same passenger coach. May it not now be reasonably expected that astute men of the dominant race, who affect to be disturbed at the possibility that the integrity of the white race may be corrupted, or that its supremacy will be imperiled, by contact on public highways with black people, will endeavor to procure statutes requiring white and black jurors to be separated in the jury box by a ‘partition,’ and that, upon retiring from the court room to consult as to their verdict, such partition, if it be a movable one, shall be taken to their consultation room, and set up in such way as to prevent black jurors from coming too close to their brother jurors of the white race. If the ‘partition’ used in the court room happens to be stationary, provision could be made for screens with openings through which jurors of the two races could confer as to their verdict without coming into personal contact with each other. I cannot see but that, according to the principles this day announced, such state legislation, although conceived in hostility to, and enacted for the purpose of humiliating, citizens of the United States of a particular race, would be held to be consistent with the constitution.

I do not deem it necessary to review the decisions of state courts to which reference was made in argument. Some, and the most important, of them, are wholly inapplicable, because rendered prior to the adoption of the last amendments of the constitution, when colored people had very few rights which the dominant race felt obliged to respect. Others were made at a time when public opinion, in many localities, was dominated by the institution of slavery; when it would not have been safe to do justice to the black man; and when, so far as the rights of blacks were concerned, race prejudice was, practically, the supreme law of the land. Those decisions cannot be guides in the era introduced by the recent amendments of the supreme law, which established universal civil freedom, gave citizenship to all born or naturalized in the United States, and residing ere, obliterated the race line from our systems of governments, national and state, and placed our free institutions upon the broad and sure foundation of the equality of all men before the law.

I am of opinion that the state of Louisiana is inconsistent with the personal liberty of citizens, white and black, in that state, and hostile to both the spirit and letter of the constitution of the United States. If laws of like character should be enacted in the several states of the Union, the effect would be in the highest degree mischievous. Slavery, as an institution tolerated by law, would, it is true, have disappeared from our country; but there would remain a power in the states, by sinister legislation, to interfere with the full enjoyment of the blessings of freedom, to regulate civil rights, common to all citizens, upon the basis of race, and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community, called the ‘People of the United States,’ for whom, and by whom through representatives, our government is administered. Such a system is inconsistent with the guaranty given by the constitution to each state of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding.

For the reason stated, I am constrained to withhold my assent from the opinion and judgment of the majority.

Pacific Railway Act (1862)

The question of “internal improvements” was constantly before Congress in the 19th century: Should Congress assist in improving the country’s transportation system? One such improvement was the dream of constructing a railroad that would cross the entire country. In the 1850s Congress commissioned several topographical surveys across the West to determine the best route for a railroad, but private corporations were reluctant to undertake the task without Federal assistance. In 1862 Congress passed the Pacific Railway Act, which designated the 32nd parallel as the initial transcontinental route and gave huge grants of lands for rights-of-way. The act was an effort to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean and to secure the use of that line to the government.

The legislation authorized two railroad companies, the Union Pacific and the Central Pacific, to construct the lines. Beginning in 1863, the Union Pacific, employing more than 8,000 Irish, German, and Italian immigrants, built west from Omaha, NE; the Central Pacific, whose workforce included over 10,000 Chinese laborers, built eastward from Sacramento, CA. Each company faced unprecedented construction problems—mountains, severe weather, and the hostility of Native Americans. On May 10, 1869, in a ceremony at Promontory, UT, the last rails were laid and the last spike driven. Congress eventually authorized four transcontinental railroads and granted 174 million acres of public lands for rights-of-way.

 

 

 

Transcript of Pacific Railway Act (1862)

CHAP. CXX. — An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Walter S. Burgess, William P. Blodget, Benjamin H. Cheever, Charles Fosdick Fletcher, of Rhode Island; Augustus Brewster, Henry P. Haven, Cornelius S. Bushnell, Henry Hammond, of Connecticut; Isaac Sherman, Dean Rich- mond, Royal Phelps, William H. Ferry, Henry A. Paddock, Lewis J. Stancliff, Charles A. Secor, Samuel R. Campbell, Alfred E. Tilton, John Anderson, Azariah Boody, John S. Kennedy, H. Carver, Joseph Field, , Benjamin F. Camp,Orville W. Childs, Alexander J. Bergen, Ben. Holli- day, D. N. Barney, S. De Witt Bloodgood, William H. Grant, Thomas W. Olcott, Samuel B. Ruggles, James B. Wilson, of New York; Ephraim Marsh, Charles M. Harker, of New Jersey; John Edgar Thompson, Ben- jamin Haywood, Joseph H. Scranton, Joseph Harrison, George W. Cass, John H. Bryant, Daniel J. Morell, Thomas M. Howe, William F. John- son, Robert Finney, John A. Green, E. R. Myre, Charles F. Wells, junior, of Pennsylvania; Noah L. Wilson, .Amasa Stone, William H. Clement, S. S. L’Hommedieu, John Brough, William Dennison, Jacob Blickins- derfer, of Ohio; William M. McPherson, R. W. Wells, Willard P. Hall, .Armstrong Beatty, John Corby, of Missouri ; S. J. Hensley, Peter Donahue, C. P. Huntington, T. D. Judah, James Bailey, James T. Ryan, Charles Hosmer, Charles Marsh, D. 0. Mills, Samuel Bell, Louis McLal1e, George W. Mowe, Charles McLaughlin, Timothy Dame, John R. Robinson, of California; John Atchison and John D. Winters, of the Territory of Nevada; John D. Campbell, R. N. Rice, Charles A. Trow- bridge, and Ransom Gardner, Charles W. Penny, Charles T. Gorham, William McConnell, of Michigan; William F Coolbaugh, Lucius H. Langworthy, Hugh T. Reid, Hoyt Sherman, Lyman Cook, Samuel R. Curtis, Lewis .A. Thomas, Platt Smith, of Iowa; William B. Ogden, Charles G. Hammond, Henry Farnum, .Amos C. Babcock, W. Seldon Gale, Nehemiah Bushnell and Lorenzo Bull, of Illinois; William H. Swift, Samuel T. Dana, John Bertram, Franklin S. Stevens, Edward R. Tinker, of Massachusetts; Franklin Gorin, Laban J. Bradford, and John T. Levis, of Kentucky; James Dunning, John M. Wood, Edwin Noyes, Joseph Eaton, of Maine; Henry H. Baxter, George W. Collamer, Henry Keyes, Thomas H. Canfield, of Vermont ; William S. Ladd, .A. M. Berry, Benjamin F. Harding, of Oregon ; William Bunn, junior, John Catlin, Levi Sterling, John Thompson, Ellhu L. Phillips, Walter D. McIndoe T. B. Stoddard, E.H. Brodhead, A. H. Virgin, of Wisconsin; Charles Paine, Thomas A. Morris, David C. Branham, Samuel Hanna, Jonas Votaw, Jesse L. Villiams, Isaac C. Elston, of Indiana; Thomas Swan, Chauncey Brooks, Edward Wilkins, of Maryland; Francis R. E. Cor- nell, David Blakely, A. D. Seward, Henry A. Swift, Dwight Woodbury, John McKusick, John R. Jones, of Minnesota ; Joseph A. Gilmore, Charles W. Woodman, of New Hampshire; W. H. Grimes, J. C. Stone, Chester Thomas, John Kerr, Werter R. Davis, Luther C. Challiss, Josiah Miller, of Kansas ; Gilbert C. Monell and Augustus Kountz, T. M. Mar- quette, William H. Taylor, .Alyin Saunders, of Nebraska; John Evans, of Colorado; together with commissioners to be appointed by the Secretary of the Interior, and all persons who shall or may be associated with them, and their successors, are hereby created and erected into a body corporate and politic in deed and in law, by the name, style, and title of “The Union Pacific Railroad Company; ” and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal; and the said corporation is hereby authorized and empowered to layout, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph, with the appurtenances, from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act as herein set forth. The capital stock of said company shall consist of one hundred thousand shares of one thousand dollars each, which shall be subscribed for and held in not more than two hundred shares by anyone person, and shall be trans- ferable in such manner as the by-laws of said corporation shall provide. The persons hereinbefore named, together with those to be appointed by the Secretary of the Interior, are hereby constituted and appointed com- missioners, and such body shall be called the Board of Commissioners of the Union Pacific Railroad and Telegraph Company, and twenty-five shall constitute a quorum for the transaction of business. The first meet- ing of said board shall be held at Chicago at such time as the commission- ers from Illinois herein named shall appoint, not more than three nor less than one month after the passage of this act, notice of which shall be given by them to the other commissioners by depositing a call thereof in the post office at Chicago, post paid, to their address at least forty days before said meeting, and also by publishing said notice in one daily newspaper in each of the cities of Chicago and Saint Louis. Said board shall organize by the choice from its number of a president, secretary, and treasurer, and they shall require from said treasurer such bonds as may be deemed proper, and may from time to time increase the amount thereof as they may deem proper. It shall be the duty of said board of commissioners to open books, or cause books to be opened, at such times and in such prin- cipal cities in the United States as they or a quorum of them shall deter- mine, to receive subscriptions to the capital stock of said corporation, and a cash payment of ten per centum on all subscriptions, and to receipt therefor. So soon as two thousand shares shall be in good faith sub- scribed for, and ten dollars per share actually paid into the treasury of the company, the said president and secretary of said board of commis- sioners shall appoint a time and place for the first meeting of the sub- scribers to the stock of said company, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened at least thirty days previous to the day of meeting, and such sub- sribers as shall attend the meeting so called, either in person or by proxy, shall then and there elect by ballot not less than thirteen directors for said corporation; and in such election each share of said capital shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners shall act as inspectors of said election, and shall certify under their hands the names of the directors elected at said meet- ing; and the said commissioners, treasurer, and secretary shall then de- liver over to said directors all the properties, subscription books and other books in their possession, and thereupon the duties of said commissioners, and the officers previously appointed by them shall cease and determine forever, and thereafter the stockholders shall constitute said body politic and corporate. At the time of the first and each triennial election of directors by the stockholders two additional directors shall be appointed by the President of the United States, who shall act with the body of directors, and to be denominated directors on the part of the government; any vacancy happening in the government directors at any time may be filled by thc President of the United States. The directors to be appointed by the President shall not be stockholders in the Union Pacific Railroad Company. The directors so chosen shall, as soon as may be after their election, elect from their own number a president and vice-president, and shall also elect a treasurer and secretary. No person shall be a director in said company unless he shall be a bona fide owner of at least five shares of stock in the said company, except the two directors to be appointed by the President as aforesaid. Said company, at any regular meeting of the stockholders called for that purpose, shall have power to make by-laws, rules, and regulations as they shall deem needful and proper, touching the disposition of the stock, property, estate, and effects of the company, not inconsistent herewith, the transfer of shares, the term of office, duties, and conduct of their officers and servants, and all matters whatsoever which may appertain to the concerns of said company; and the said board of directors shall have power to appoint such engineers, agents, and sub- ordinates as may from time to time be necessary to carry into effect the object of this act, and to do all acts and things touching the location’ and construction of said road and telegraph. Said directors may require pay- ment of subscriptions to the capital stock, after due notice, at such times and in such proportions as they shall deem necessary to complete the rail- road and telegraph within the time in this act prescribed. Said president, vice-president, and directors shall hold their office for three years, and until their successors are duly elected and qualified, or for such less time as the by-laws of the corporation may prescribe; and a majority of said directors shall constitute a quorum for the transaction of business. The secretary and treasurer shall give such bonds, with such security, as the said board shall from time to time require, and shall hold their offices at the will and pleasure of the directors. Annual meetings of the stock- holders of the said corporation, for the choice of officers (when they are to be chosen) and for the transaction of annual business, shall be holden at such time and place and upon such notice as may be prescribed in the by-laws.

SEC. 2. And he it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other ma- terials for the construction thereof; said right of way is granted to said railroad to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, and depots, machine shops, switches, side tracks, turntables, and, water stations. The United States shall extinguish as rapidly as may be the Indian titles to all lands falling under the operation of this act and required for the said right of way and; grants hereinafter made.

SEC 3. And be it further enacted, That there be, and is hereby , granted to the said company, for the purpose of aiding in the construction , of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd num- bers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits often miles on each side of said ro1ld, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed : Provided, That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands, so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be sub- ject to settlement and preemption, like other lands, at a price not exceed- ing one dollar and twenty-five cents per acre, to be paid to said company.

SEC. 4. And be it further enacted, That whenever said company shall have completed forty consecutive miles of any portion of said railroad and telegraph line, ready for the service contemplated by this act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equip- ped in all respects as required by this act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of said railroad and telegraph line are completed, upon certificate of said commissioners. Any vacancies occurring in said board of commissioners by death, resignation, or otherwise, shall be filled by the President of the United States: Provided, however, That Do such commissioners shall be appointed by the President of the United States unless there shall be presented to him a statement, verified on oath by the president of said company, that such forty miles have been com- pleted, in the manner required by this act, and setting forth with certainty the points where such forty miles begin and where the same end;; which oath shall be taken before a judge of a court of record.

SEC. 5. And be it further enacted, That for the purposes herein men- tioned the Secretary of the Treasury shall, upon the certificate in writing of said commissioners of the completion and equipment of forty consecu- tive miles of said railroad and telegraph, in accordance with the provisions of this act, issue to said company bonds of the United States of one thousand dollars each, payable in thirty years after date, bearing six per centum per annum interest (said interest payable semi-annually,) which interest may be paid in United States treasury notes or any other money or currency which the United States have or shall declare lawful money and a legal tender, to the amount of sixteen of said bonds per mile for such section of forty miles; and to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which .shall have been paid by the United States, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and telegraph, together with the rolling stock, fixtures and property of every kind and description, and in consideration of which said bonds may be issued ; and on the refusal or failure of said company to redeem said bonds, or any part of them, when required so to do by the Secretary of the Treasury, in accordance with the provisions of this act the said road, with all the rights, functions, immunities, and appurtences thereunto belonging, and also all lands granted to the said company by the United States, which, at the time of said default, shall remain in the ownership of the said company, may be taken possession of by the Secretary of the Treasury, for the use and benefit of the United States: Provided, this section shall not apply to that part of any road now constructed.

SEC. 6. And be it further enacted, That the grants aforesaid are made upon condition that said company shall pay said bonds at maturity, and shall keep said railroad and telegraph line in repair and use, and shall at all times transmit despatches over said telegraph line, and transport mails, troops, and munitions of war, supplies, and public storage upon said railroad for the government, whenever required to do so by any department , thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid, (at fair and reasonable rates of compensation, not to exceed the amounts paid by private parties for the same kind of service 😉 and all compensation for services rendered for the government shall be applied to the payment of said bonds and interest until the whole amount is fully paid. Said company may also pay the United States, wholly or in part, in the same or other bonds, treasury notes, or other evidences of debt against the United States, to be allowed at par; and after said road is completed, until said bonds and interest are paid, at least five per centum of the net earnings of said road “hall also be annually applied to the payment thereof.

SEC. 7. And be it further enacted, That said company shall file their assent to this act, under the seal of said company, in the Department of the Interior, within one year after the passage of this act, and shall com-plete said railroad and telegraph from the point of beginning ,as herein provided, to the western boundary of Nevada Territory before the first day of July, one thousand eight hundred and seventy-four: Provided, That within two years after the passage of this act said company shall designate the general route of said road, as near as may be, and shall file a map of the same in the Department of the Interior, whereupon the Secretary of the Interior shall cause the lands within fifteen miles of said designated route or routes to be withdrawn from preemption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands herein- before granted to be surveyed and set off as fast as may be necessary for the purposes herein named: Provided, That in fixing the point of con-nection of the main trunk with the eastern connections, it shall be fixed at the most practicable point for the construction of the Iowa and Missouri branches, as hereinafter provided.

SEC. 8. And be it further enacted, That the line of said railroad and telegraph shall commence at a point on the one hundredth meridian of a longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, at a point to be fixed by the Presi- dent of the United States, after actual surveys ; thence running westerly upon the most direct, central, and practicable route, through the territories of the United States, the western boundary of the Territory of Nevada, there to meet and connect with the line of the Central Pacific Railroad Company of California.

SEC. 9. And be it further enacted, That the Leavenworth, Pawnee, and Western Railroad Company of Kansas are hereby authorized to con- struct a railroad and telegraph line, from the Missouri River, at the mouth of the Kansas River, on the south side thereof, so as to connect with the Pacific railroad of Missouri, to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, as herein provided, upon the same terms and conditions in all respects as are provided in this act for the construction of the railroad and telegraph line first mentioned, and to meet and connect with the same at the meridian of longitude aforesaid ; and in case the general route or line of road from the Missouri River to the Rocky Mountains should be so located as to require a departure north- wardly from the proposed line of said Kansas railroad before it reaches the meridian of longitude aforesaid, the location of said Kansas road shall be made so as to conform thereto; and said railroad through Kansas shall be so located between the mouth of the Kansas River, as aforesaid, and the aforesaid point, on the one hundredth meridian of longitude, that the several railroads from Missouri and Iowa, herein authorized to connect with the same, can make connection within the limits prescribed in this act, provided the same can be done without deviating from the general direction of the whole line to the Pacific coast. The route in Kansas, west of the meridian of Fort Riley, to the aforesaid point, on the one hundredth meridian of longitude, to be subject to the approval of the President of the United States, and to be determined by him on actual survey. And said Kansas company may proceed to build said railroad to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, in the territory of Nebraska. The Central Pacific Railroad Company of California, a corporation existing under the laws of the State of California, are hereby authorized to construct a railroad and telegraph line from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California, upon the same terms and conditions, in all respects, as are contained in this act for the construction of said railroad and telegraph line first mentioned, and to meet and connect with the first mentioned railroad and telegraph line on the eastern boundary of California. Each of said companies shall file their acceptance of the conditions of this act in the Department of the Interior within six months after the passage of this act.

SEC. 10. And be it further enacted, That the said company chartered, by the State of Kansas shall complete one hundred miles of their said road, commencing at the mouth of the Kansas River as aforesaid, within two years after filing their assent to the conditions of this act, as herein provided, and one hundred miles per year thereafter until the whole is completed; and the said Central Pacific Railroad Company of California shall complete fifty miles of their said road within two years after filing their assent to the provisions of this act, as herein provided, and fifty miles per year thereafter until the whole is completed; and after com- pleting their roads, respectively, said companies, or either of them, may unite upon equal terms with the first-named company in constructing so much of said railroad and telegraph line and branch railroads and tel- egraph lines in Luis act hereinafter mentioned, through the Territories from the State of California to the Missouri River, as shall then remain to be constructed, on the same terms and conditions as provided in this act in relation to the said Union Pacific Railroad Company. And the Hannibal and St. Joseph Railroad, the Pacific Railroad Company of Missouri, and the first-named company, or either of them, on filing their assent to this act, as aforesaid, may unite upon equal terms, under this act, with the said Kansas company, in constructing said railroad and tel- egraph, to said meridian of longitude, with the consent of the said State of Kansas ; and in case said first-named company shall complete their line to the eastern boundary of California before it is completed across said State by the Central Pacific Railroad Company of California, said first-named company is hereby authorized to continue in constructing the same through California, with the consent of said State, upon the terms mentioned in this act, until said roads shall meet and connect, and the whole line of said railroad and telegraph is completed; and the Central Pacific Railroad Company of California, after completing its road across said State, is authorized to continue the construction of said railroad and telegraph through the Territories of the United States to the Missouri River, including the branch roads specified in this act, upon the routes hereinbefore and hereinafter indicated, on the terms and conditions pro- vided in this act in relation to the said Union Pacific Railroad Company, until said roads shall meet and connect, and the whole line of said railroad and branches and telegraph is completed.

SEC. 11. And be it further enacted, That for three hundred miles of said road most mountainous and difficult of construction, to wit: one hundred and fifty miles westwardly from the eastern base of the Rocky Mountains, and one hundred and fifty miles eastwardly from the western , base of the Sierra Nevada mountains, said points to be fixed by the President of the United States, the bonds to be issued to aid in the con- struction thereof shall be treble the number per mile hereinbefore pro- vided, and the same shall be issued, and the lands herein granted be .set apart, upon the construction of every twenty miles thereof, upon the cer- tificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed. and between the sections last named of one hundred and fifty miles each, the bonds to be issued to aid in the con- struction thereof shall be double the number per mile first mentioned, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed: Provided, That no more than fifty thousand of said bonds shall be issued under this act to aid in constructing the main line of said railroad and telegraph.

SEC. 12. And be it further enacted, That whenever the route of said railroad shall cross the boundary of any State or Territory, or said meridian of longitude, the two companies meeting or uniting there shall agree upon its location at that point, with reference to the most direct and practicable through route, and in case of difference between them as to said location the President of the United States shall determine the said location; the companies named in each State and Territory to locate the road across the same between the points so agreed upon, except as herein provided. The track upon the entire line of railroad and branches shall be of uniform width, to be determined by the President of the United States, so that, when completed, cars can be run from the Missouri River to the Pacific coast; the grades and curves shall not exceed the maximum grades and curves of the Baltimore and Ohio railroad; the whole line of said railroad and branches and telegraph shall be operated and used for all purposes of communication, travel, and transportation, so far as the public and government are concerned, as one connected, continuous line; and the companies herein named in Missouri, Kansas, and California, filing their assent to the provisions of this act, shall re- ceive and transport all iron rails, chairs, spikes, ties, timber, and all materials required for constructing and furnishing said first-mentioned line between the aforesaid point, on the one hundredth meridian of lon- gitude and western boundary of Nevada Territory, whenever the same is required by said first-named company, at cost, over that portion of the roads of said companies constructed under the provisions of this act.

SEC. 13. And be it further enacted, That the Hannibal and Saint Joseph Railroad Company of Missouri may extend its roads from Saint Joseph, via Atchison, to connect and unite with the road through Kansas, upon filing its assent to the provisions of this act, upon the same terms and conditions, in- all respects for one hundred miles in length next to the Missouri River, as are provided in this act for the construction of the railroad and telegraph line first mentioned, and may for this purpose use any railroad charter which has been or may be granted by the legislature of Kansas ; Provided, That if actual survey shall render it desira- ble, the said company may construct their road, with the consent of the Kansas legislature, on the most direct and practicable route west from St. Joseph, Missouri, so as to connect and unite with the road leading from the western boundary of Iowa at any point east of the one hundredth meridian of west longitude, or with the main trunk road at said point ; but in no event shall lands or bonds be given to said company, as herein directed, to aid in the construction of their said road for a greater distance than one hundred miles. And the Leavenworth, Pawnee, and Western Railroad Company of Kansas may construct their road from Leaven- worth to unite with the road through Kansas.

SEC. 14. And be it further enacted, That the said Union Pacific Railroad Company is hereby authorized and required to construct a single line of railroad and telegraph from a point on the western boundary of the State of Iowa, to be fixed by the President of the United States, upon the most direct and practicable route, to be subject to his approval, so as to form a connection with the lines of said company at some point on the one hundredth meridian of longitude aforesaid, from the point of commencement on the western boundary of the State of Iowa, upon the same terms and conditions, in all respects, as are contained in this act for the construction of the said railroad and telegraph first mentioned; and the said Union Pacific Railroad Company shall complete one hundred miles of the road and telegraph in this section provided for, in two years after filing their assent to the conditions of this act, as by the terms of this act required, and at the rate of one hundred miles per year there- after, until the whole is completed: Provided, That a failure upon the part of said company to make said connection in the time aforesaid, and to perform the obligations imposed on said company by this section and to operate said road in the same manner as the main line shall be operated, shall forfeit to the government of the United States all the rights, privileges, and franchises granted to and conferred upon said com- pany by this act. And whenever there shall be a line of railroad com- pleted through Minnesota or Iowa to Sioux City, then the said Pacific Railroad Company is hereby authorized and required to construct a rail- road and telegraph from Said Sioux City upon the most direct and prac- ticable route to a point on, and so as to connect with, the branch railroad and telegraph in this section hereinbefore mentioned, or with the said Union Pacific Railroad, said point of junction to be fixed by the Presi- dent of the United States, not further west than the one hundredth meridian of longitude aforesaid, and on the same terms and conditions as provided in this act for the construction of the Union Pacific Railroad as aforesaid, and to complete the same at the rate of one hundred miles per year; and should said company fail to comply with the requirements of this act in relation to the said Sioux City railroad and telegraph, the said company shall suffer the same forfeitures prescribed in relation to the Iowa branch railroad and telegraph hereinbefore mentioned.

SEC. 15. And be it further enacted, That any other railroad company now incorporated, or hereafter to be incorporated, shall have the right to connect their road with the road and branches provided for by this act, at such places and upon such just and equitable terms as the President of the United States may prescribe. Wherever the word company is used in this act it shall be construed to embrace the words their associates, suc- cessors, and assigns, the same as if the words had been properly added thereto.

SEC. 16. And be it further enacted, That at any time after the passage of this act all of the railroad companies named herein, and assenting hereto, or any two or more of them, are authorized to form themselves into one consolidated company; notice of such consolidation, in writing, shall be filed in the Department of the Interior, and such consolidated company shall thereafter proceed to construct said railroad and branches and telegraph line upon the terms and conditions provided in this act.

SEC. 17. And be it further enacted, That in case said company or companies shall fail to comply with the terms and conditions of this act, by not completing said road and telegraph and branches within a reason- able time, or by not keeping the same in repair and use, but shall permit the same, for an unreasonable time, to remain unfinished, or out of repair, and unfit for use, Congress may pass any act to insure the speedy com- pletion of said road and branches, or put the same in repair and use, and may direct the income of said railroad and telegraph line to be there- after devoted to the use of the United States, to repay all such expendi- tures caused by the default and neglect of such company or companies : Provided, That if said roads are not completed, so as to form a contin- uous line of railroad, ready for use, from the Missouri River to the navi- gable waters of the Sacramento River, in California, by the first day of July, eighteen hundred and seventy-six, the whole of all of said railroads before mentioned and to be constructed under the provisions of this act, together with all their furniture, fixtures, rolling stock, machine shops, lands, tenements, and hereditaments, and property of every kind and character, shall be forfeited to and be taken possession of by the United States : Provided, That of the bonds of the United States in this act provided to be delivered for any and all parts of the roads to be con- structed east of the one hundredth meridian of west longitude from , Greenwich, and for any part of the road west of the west foot of the Sierra Nevada mountain, there shall be reserved of each part and installment twenty-five per centum, to be and remain in the United States treasury, undelivered, until said road and all parts thereof provided for in this act are entirely completed; and of all the bonds provided to be delivered for the said road, between the two points aforesaid, there shall be reserved out of each installment fifteen per centum, to be and remain in the treasury until the whole of the road provided for in this act is fully completed; and if the said road or any part thereof shall fail of comple- tion at the time limited therefor in this act, then and in that case the said part of said bonds so reserved shall be forfeited to the United States.

SEC. 18. And be it further enacted, That whenever it appears that the , net earnings of the entire road and telegraph, including the amount allowed for services rendered for the United States, after deducting all, expenditures, including repairs, and the furnishing, running, and managing of said road, shall exceed ten per centum upon its cost, exclusive of the five per centum to be paid to the United States, Congress may reduce the rates of fare thereon, if unreasonable in amount, and may fix and establish the same by law. And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the con- struction of said railroad and telegraph line, and keeping the same in working order, and to secure to the government at all times (but particu- larly in time of war) the use and benefits of the same for postal, military and other purposes, Congress may, at any time, having due regard for the rights of said companies named herein, add to, alter, amend, or repeal this act.

SEC. 19. And be it further enacted, That the several railroad companies herein named are authorized to enter into an arrangement with the Pacific Telegraph Company, the Overland Telegraph Company, and the California State Telegraph Company, so that the present line of telegraph between the Missouri River and San Francisco may be moved upon or along the line of said railroad and branches as fast as said roads and branches are built; and if said arrangement be entered into and the transfer of said telegraph line be made in accordance therewith to the line of said railroad and branches, such transfer shall, for all purposes of this act, be held and considered a fulfillment on the part of said railroad companies of the provisions of this act in regard to the construction of said line of telegraph. And, in case of disagreement, said telegraph com- panies are authorized to remove their line of telegraph along and upon the line of railroad herein contemplated without prejudice to the rights of said railroad companies named herein.

SEC. 20. And he it further enacted, That the corporation hereby created and the roads connected therewith, under the provisions of this act, shall make to the Secretary of the Treasury an annual report wherein shall be set forth-
First. The names of the stockholders and their places of residence, so far as the same can be ascertained ;
Second. The names and residences of the directors, and all other officers of the company;
Third. The amount of stock subscribed, and the amount thereof actually paid in ;
Fourth. A description of the lines of road surveyed, of the lines thereof fixed upon for the construction of the road, and the cost of such surveys ;
Fifth. The amount received from passengers on the road ;
Sixth. The amount received for freight thereon ;
Seventh. A statement of the expense of said road and its fixtures ;
Eighth. A statement of the indebtedness of said company, setting forth the various kinds thereof. Which report shall be sworn to by the president of the said company, and shall be presented to the Secretary of the Treasury on or before the first day of July in each year.

APPROVED, July 1, 1862.

 

 

National Labor Relations Act (1935)

After the National Industrial Recovery Act was declared unconstitutional by the Supreme Court, organized labor was again looking for relief from employers who had been free to spy on, interrogate, discipline, discharge, and blacklist union members. In the 1930s, workers had begun to organize militantly, and in 1933 and 1934, a great wave of strikes occurred across the nation in the form of citywide general strikes and factory takeovers. Violent confrontations occurred between workers trying to form unions and the police and private security forces defending the interests of anti-union employers.

In a Congress sympathetic to labor unions, the National Labor Relations Act (NLRA) was passed in July of 1935. The broad intention of the act, commonly known as the Wagner Act after Senator Robert R. Wagner of New York, was to guarantee employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.” The NLRA applied to all employers involved in interstate commerce except airlines, railroads, agriculture, and government.

In order to enforce and maintain those rights, the act included provision for the National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. To this day, the board of five members, appointed by the President, is assisted by 33 regional directors. The NLRB further determines proper bargaining units, conducts elections for union representation, and investigates charges of unfair labor practices by employers. Unfair practices, by law, include such things as interference, coercion, or restraint in labor’s self-organizing rights; interference with the formation of labor unions; encouragement or discouragement of union membership; and the refusal to bargain collectively with a duly chosen employee representatives.

The constitutionality of the NLRA was upheld by the United States Supreme Court in National Labor Relations Board v. Jones & Laughlin Steel Corp. in 1937. The act contributed to a dramatic surge in union membership and made labor a force to be reckoned with both politically and economically. Women benefited from this shift to unionization as well. By the end of the 1930s, 800,000 women belonged to unions, a threefold increase from 1929. The provisions of the NLRA were later expanded under the Taft-Hartley Labor Act of 1957 and the Landrum-Griffin Act of 1959.

 

 

 

 

Transcript of National Labor Relations Act (1935)

AN ACT To diminish the causes of labor disputes burdening or obstructing interstate and foreign commerce, to create a National Labor Relations Board, and for other purposes.

FINDINGS AND POLICIES

Section 1. The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.

The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries.

Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees.

Experience has further demonstrated that certain practices by some labor organizations, their officers, and members have the intent or the necessary effect of burdening or obstructing commerce by preventing the free flow of goods in such commerce through strikes and other forms of industrial unrest or through concerted activities which impair the interest of the public in the free flow of such commerce. The elimination of such practices is a necessary condition to the assurance of the rights herein guaranteed

It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.

DEFINITIONS

Sec. 2. When used in this Act —

(1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11 of the United States Code , or receivers.

(2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act , as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.

[Pub. L. 93–360, § 1(a), July 26, 1974, 88 Stat. 395, deleted the phrase “or any corporation or association operating a hospital, if no part of the net earnings inures to the benefit of any private shareholder or individual” from the definition of “employer.”]

(3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act , as amended from time to time, or by any other person who is not an employer as herein defined.

(4) The term “representatives” includes any individual or labor organization.

(5) The term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(6) The term “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country.

(7) The term “affecting commerce” means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce.

(8) The term “unfair labor practice” means any unfair labor practice listed in section 8 .

(9) The term “labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(10) The term “National Labor Relations Board” means the National Labor Relations Board provided for in section 3 of this Act .

(11) The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(12) The term “professional employee” means—

(a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or

(b) any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a).

(13) In determining whether any person is acting as an “agent” of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.

(14) The term “health care institution” shall include any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person.

[Pub. L. 93–360, § 1(b), July 26, 1974, 88 Stat. 395, added par. (14).]

NATIONAL LABOR RELATIONS BOARD

Sec. 3. (a) The National Labor Relations Board (hereinafter called the “Board”) created by this Act prior to its amendment by the Labor Management Relations Act, 1947 , is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with the advice and consent of the Senate. Of the two additional members so provided for, one shall be appointed for a term of five years and the other for a term of two years. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.

(b) The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. The Board is also authorized to delegate to its regional directors its powers under section 9 to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under subsection (c) or (e) of section 9 and certify the results thereof, except that upon the filling of a request therefor with the Board by any interested person, the Board may review any action of a regional director delegated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed.

(c) The Board shall at the close of each fiscal year make a report in writing to Congress and to the President summarizing significant case activities and operations for that fiscal year.

(d) There shall be a General Counsel of the Board who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel of the Board shall exercise general supervision over all attorneys employed by the Board (other than administrative law judges and legal assistants to Board members) and over the officers and employees in the regional offices. He shall have final authority, on behalf of the Board, in respect of the investigation of charges and issuance of complaints under section 10 , and in respect of the prosecution of such complaints before the Board, and shall have such other duties as the Board may prescribe or as may be provided by law. In case of vacancy in the office of the General Counsel the President is authorized to designate the officer or employee who shall act as General Counsel during such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted.

 

Sec. 4. (a) Each member of the Board and the General Counsel of the Board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys, examiners, and regional directors, and such other employees as it may from time to time find necessary for the proper performance of its duties. The Board may not employ any attorneys for the purpose of reviewing transcripts of hearings or preparing drafts of opinions except that any attorney employed for assignment as a legal assistant to any Board member may for such Board member review such transcripts and prepare such drafts. No administrative law judge’s report shall be reviewed, either before or after its publication, by any person other than a member of the Board or his legal assistant, and no administrative law judge shall advise or consult with the Board with respect to exceptions taken to his findings, rulings, or recommendations. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this Act shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation, or for economic analysis.

 

(b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose.

Sec. 5. The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Board in the same case.

Sec. 6. The Board shall have authority from time to time to make, amend, and rescind, in the manner prescribed by the Administrative Procedure Act , such rules and regulations as may be necessary to carry out the provisions of this Act .

RIGHTS OF EMPLOYEES

Sec. 7. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) .

UNFAIR LABOR PRACTICES

Sec. 8. (a) It shall be an unfair labor practice for an employer—

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 ;

(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 , an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this Act , or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in section 8(a) of this Act as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 9(a) , in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 9(e) within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimination against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(4) to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this Act ;

(5) to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 9(a) .

(b) It shall be an unfair labor practice for a labor organization or its agents—

(1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 7 : Provided, That this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;

(2) to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(3) to refuse to bargain collectively with an employer, provided it is the representative of his employees subject to the provisions of section 9(a) ;

(4)(i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or (ii) to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is—

(A) forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement which is prohibited by section 8(e) ;

(B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 9 : Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing;

(C) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 9 ;

(D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work:

Provided, That nothing contained in this subsection (b) shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this Act : Provided further, That for the purposes of this paragraph (4) only, nothing contained in such paragraph shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of his employment to refuse to pick up, deliver, or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution;

(5) to require of employees covered by an agreement authorized under subsection (a)(3) the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the Board finds excessive or discriminatory under all the circumstances. In making such a finding, the Board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected;

(6) to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; and

(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective-bargaining representative, unless such labor organization is currently certified as the representative of such employees:

(A) where the employer has lawfully recognized in accordance with this Act any other labor organization and a question concerning representation may not appropriately be raised under section 9(c) of this Act ,

(B) where within the preceding twelve months a valid election under section 9(c) of this Act has been conducted, or

(C) where such picketing has been conducted without a petition under section 9(c) being filed within a rea-sonable period of time not to exceed thirty days from the commencement of such picketing: Provided, That when such a petition has been filed the Board shall forthwith, without regard to the provisions of section 9(c)(1) or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof: Provided further, That nothing in this subparagraph (C) shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of such picketing is to induce any individual employed by any other person in the course of his employment, not to pick up, deliver or transport any goods or not to perform any services.

Nothing in this paragraph (7) shall be construed to permit any act which would otherwise be an unfair labor practice under this section 8(b) .

(c) The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act , if such expression contains no threat of reprisal or force or promise of benefit.

(d) For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession: Provided, That where there is in effect a collective-bargaining contract covering employees in an industry affecting commerce, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification—

(1) serves a written notice upon the other party to the contract of the proposed termination or modification sixty days prior to the expiration date thereof, or in the event such contract contains no expiration date, sixty days prior to the time it is proposed to make such termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Federal Mediation and Conciliation Service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any State or Territorial agency established to mediate and conciliate disputes within the State or Territory where the dispute occurred, provided no agreement has been reached by that time; and

(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of sixty days after such notice is given or until the expiration date of such contract, whichever occurs later:

The duties imposed upon employers, employees, and labor organizations by paragraphs (2), (3), and (4) shall become inapplicable upon an intervening certification of the Board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of section 9(a) , and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any employee who engages in a strike within any notice period specified in this subsection, or who engages in any strike within the appropriate period specified in subsection (g) of this section, shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8, 9, and 10 of this Act , but such loss of status for such employee shall terminate if and when he is reemployed by such employer. Whenever the collective bargaining involves employees of a health care institution, the provisions of this section 8(d) shall be modified as follows:

(A) The notice of section 8(d)(1) shall be ninety days; the notice of section 8(d)(3) shall be sixty days; and the contract period of section 8(d)(4) shall be ninety days.

(B) Where the bargaining is for an initial agreement following certification or recognition, at least thirty days’ notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in section 8(d)(3) .

(C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute.

[Pub. L. 93–360, July 26, 1974, 88 Stat. 395, amended the last sentence of Sec. 8(d) by striking the words “the sixty-day” and inserting the words “any notice” and by inserting before the words “shall lose” the phrase “, or who engages in any strike within the appropriate period specified in subsection (g) of this section.” It also amended the end of paragraph Sec. 8(d) by adding a new sentence “Whenever the collective bargaining . . . aiding in a settlement of the dispute.”]

(e) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting or otherwise dealing in any of the products of any other employer, or cease doing business with any other person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be to such extent unenforceable and void: Provided, That nothing in this subsection (e) shall apply to an agreement between a labor organization and an employer in the construction industry relating to the contracting or subcontracting of work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work: Provided further, That for the purposes of this subsection (e) and section 8(b)(4)(B) the terms “any employer,” “any person engaged in commerce or an industry affecting commerce,” and “any person” when used in relation to the terms “any other producer, processor, or manufacturer,” “any other employer,” or “any other person” shall not include persons in the relation of a jobber, manufacturer, contractor, or subcontractor working on the goods or premises of the jobber or manufacturer or performing parts of an integrated process of production in the apparel and clothing industry: Provided further, That nothing in this Act shall prohibit the enforcement of any agreement which is within the foregoing exception.

(f) It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged (or who, upon their employment, will be engaged) in the building and construction industry with a labor organization of which building and construction employees are members (not established, maintained, or assisted by any action defined in section 8(a) of this Act as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section 9 of this Act prior to the making of such agreement, or (2) such agreement requires as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agree-ment, whichever is later, or (3) such agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or (4) such agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of service with such employer, in the industry or in the particular geographical area: Provided, That nothing in this subsection shall set aside the final proviso to section 8(a)(3) of this Act : Provided further, That any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 9(c) or 9(e) .

(g) A labor organization before engaging in any strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal Mediation and Conciliation Service of that intention, except that in the case of bargaining for an initial agreement following certification or recognition the notice required by this subsection shall not be given until the expiration of the period specified in clause (B) of the last sentence of section 8(d) of this Act . The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties.

[Pub. L. 93–360, July 26, 1974, 88 Stat. 396, added subsec. (g).]

REPRESENTATIVES AND ELECTIONS

Sec. 9 (a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective-bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment.

(b) The Board shall decide in each case whether, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this Act , the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof: Provided, That the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or (2) decide that any craft unit is inappropriate for such purposes on the ground that a different unit has been established by a prior Board determination, unless a majority of the employees in the proposed craft unit votes against separate representation or (3) decide that any unit is appropriate for such purposes if it includes, together with other employees, any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer’s premises; but no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.

(c) (1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board—

(A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 9(a) , or (ii) assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 9(a) ; or

(B) by an employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 9(a) ; the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof.

(2) In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought and in no case shall the Board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 10(c) .

(3) No election shall be directed in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this Act in any election conducted within twelve months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.

(4) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board.

(5) In determining whether a unit is appropriate for the purposes specified in subsection (b) the extent to which the employees have organized shall not be controlling.

(d) Whenever an order of the Board made pursuant to section 10(c) is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under section 10(e) or 10(f) , and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in such transcript.

(e) (1) Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and labor organization made pursuant to section 8(a)(3) , of a petition alleging they desire that such authorization be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer.

(2) No election shall be conducted pursuant to this subsection in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held.

PREVENTION OF UNFAIR LABOR PRACTICES

Sec. 10. (a) The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice (listed in section 8 ) affecting commerce. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, or otherwise: Provided, That the Board is empowered by agreement with any agency of any State or Territory to cede to such agency jurisdiction over any cases in any industry (other than mining, manufacturing, communications, and transportation except where predominately local in character) even though such cases may involve labor disputes affecting commerce, unless the provision of the State or Territorial statute applicable to the determination of such cases by such agency is inconsistent with the corresponding provision of this Act or has received a construction inconsistent therewith.

(b) Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint: Provided, That no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces, in which event the six-month period shall be computed from the day of his discharge. Any such complaint may be amended by the member, agent, or agency conducting the hearing or the Board in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent, or agency conducting the hearing or the Board, any other person may be allowed to intervene in the said proceeding and to present testimony. Any such proceeding shall, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States under the rules of civil procedure for the district courts of the United States, adopted by the Supreme Court of the United States pursuant to section 2072 of title 28, United States Code .

(c) The testimony taken by such member, agent, or agency, or the Board shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take further testimony or hear argument. If upon the preponderance of the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without backpay, as will effectuate the policies of this Act : Provided, That where an order directs reinstatement of an employee, backpay may be required of the employer or labor organization, as the case may be, responsible for the discrimination suffered by him: And provided further, That in determining whether a complaint shall issue alleging a violation of section 8(a)(1) or section 8(a)(2) , and in deciding such cases, the same regulations and rules of decision shall apply irrespective of whether or not the labor organization affected is affiliated with a labor organization national or international in scope. Such order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If upon the preponderance of the testimony taken the Board shall not be of the opinion that the person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the said complaint. No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any backpay, if such individual was suspended or discharged for cause. In case the evidence is presented before a member of the Board, or before an administrative law judge or judges thereof, such member, or such judge or judges, as the case may be, shall issue and cause to be served on the parties to the proceeding a proposed report, together with a recommended order, which shall be filed with the Board, and if no exceptions are filed within twenty days after service thereof upon such parties, or within such further period as the Board may authorize, such recommended order shall become the order of the Board and become affective as therein prescribed.

 

(d) Until the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.

(e) The Board shall have power to petition any court of appeals of the United States, or if all the courts of appeals to which application may be made are in vacation, any district court of the United States, within any circuit or district, respectively, wherein the unfair labor practice in question occurred or wherein such person resides or transacts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code . Upon the filing of such petition, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Board. No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to question of fact if supported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate United States court of appeals if application was made to the district court as hereinabove provided, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28.

(f) Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order in any United States court of appeals in the circuit wherein the unfair labor practice in question was alleged to have been engaged in or wherein such person resides or transacts business, or in the United States Court of Appeals for the District of Columbia, by filing in such court a written petition praying that the order of the Board be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Board, and thereupon the aggrieved party shall file in the court the record in the proceeding, certified by the Board, as provided in section 2112 of title 28, United States Code . Upon the filing of such petition, the court shall proceed in the same manner as in the case of an application by the Board under subsection (e) of this section, and shall have the same jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper, and in like manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Board; the findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall in like manner be conclusive.

(g) The commencement of proceedings under subsection (e) or (f) of this section shall not, unless specifically ordered by the court, operate as a stay of the Board’s order.

(h) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part an order of the Board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by sections 101 to 115 of title 29, United States Code .

(i) Repealed.

(j) The Board shall have power, upon issuance of a complaint as provided in subsection (b) charging that any person has engaged in or is engaging in an unfair labor practice, to petition any United States district court, within any district wherein the unfair labor practice in question is alleged to have occurred or wherein such person resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper.

(k) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4)(D) of section 8(b) , the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen, unless, within ten days after notice that such charge has been filed, the parties to such dispute submit to the Board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of, the dispute. Upon compliance by the parties to the dispute with the decision of the Board or upon such voluntary adjustment of the dispute, such charge shall be dismissed.

(l) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4)(A), (B), or (C) of section 8(b) , or section 8(e) or section 8(b)(7) , the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue, he shall, on behalf of the Board, petition any United States district court within any district where the unfair labor practice in question has occurred, is alleged to have occurred, or wherein such person resides or transacts business, for appropriate injunctive relief pending the final adjudication of the Board with respect to such matter. Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law: Provided further, That no temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable and such temporary restraining order shall be effective for no longer than five days and will become void at the expiration of such period: Provided further, That such officer or regional attorney shall not apply for any restraining order under section 8(b)(7) if a charge against the employer under section 8(a)(2) has been filed and after the preliminary investigation, he has reasonable cause to believe that such charge is true and that a complaint should issue. Upon filing of any such petition the courts shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony: Provided further, That for the purposes of this subsection district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal office, or (2) in any district in which its duly authorized officers or agents are engaged in promoting or protecting the interests of employee members. The service of legal process upon such officer or agent shall constitute service upon the labor organization and make such organization a party to the suit. In situations where such relief is appropriate the procedure specified herein shall apply to charges with respect to section 8(b)(4)(D) .

(m) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of subsection (a)(3) or (b)(2) of section 8 , such charge shall be given priority over all other cases except cases of like character in the office where it is filed or to which it is referred and cases given priority under subsection (1) .

INVESTIGATORY POWERS

Sec. 11. For the purpose of all hearings and investigations, which, in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by section 9 and section 10 —

(1) The Board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceeding or investigation requested in such application. Within five days after the service of a subpoena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpoena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.

(2) In case on contumacy or refusal to obey a subpoena issued to any person, any United States district court or the United States courts of any Territory or possession, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(3) Repealed.

 

(4) Complaints, orders and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(5) All process of any court to which application may be made under this Act may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.

(6) The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board.

Sec. 12. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.

LIMITATIONS

Sec. 13. Nothing in this Act , except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike or to affect the limitations or qualifications on that right.

Sec. 14. (a) Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this Act shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining.

(b) Nothing in this Act shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.

(c) (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to the Administrative Procedure Act , decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959.

(2) Nothing in this Act shall be deemed to prevent or bar any agency or the courts of any State or Territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction.

Sec. 15. Omitted.

[Reference to repealed provisions of bankruptcy statute.]

Sec. 16. If any provision of this Act , or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act , or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Sec. 17. This Act may be cited as the “National Labor Relations Act.”

Sec. 18. Omitted.

[Reference to former sec. 9(f), (g), and (h).]

INDIVIDUALS WITH RELIGIOUS CONVICTIONS

Sec. 19. Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that such employee may be required in a contract between such employee’s employer and a labor organization in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of title 26 of the Internal Revenue Code , chosen by such employee from a list of at least three such funds, designated in such contract or if the contract fails to designate such funds, then to any such fund chosen by the employee. If such employee who holds conscientious objections pursuant to this section requests the labor organization to use the grievance-arbitration procedure on the employee’s behalf, the labor organization is authorized to charge the employee for the reasonable cost of using such procedure.

[Sec. added, Pub. L. 93–360, July 26, 1974, 88 Stat. 397, and amended, Pub. L. 96–593, Dec. 24, 1980, 94 Stat. 3452.]

 

 

 

 

 

National Industrial Recovery Act (1933)

The National Industrial Recovery Act (NIRA) was enacted by Congress in June 1933 and was one of the measures by which President Franklin D. Roosevelt sought to assist the nation’s economic recovery during the Great Depression. The passage of NIRA ushered in a unique experiment in U.S. economic history—the NIRA sanctioned, supported, and in some cases, enforced an alliance of industries. Antitrust laws were suspended, and companies were required to write industry-wide “codes of fair competition” that effectively fixed prices and wages, established production quotas, and imposed restrictions on entry of other companies into the alliances. The act further called for industrial self-regulation and declared that codes of fair competition—for the protection of consumers, competitors, and employers—were to be drafted for the various industries of the country and were to be subject to public hearings. Employees were given the right to organize and bargain collectively and could not be required, as a condition of employment, to join or refrain from joining a labor organization.

The National Recovery Administration (NRA), created by a separate executive order, was put into operation soon after the final approval of the act. President Roosevelt appointed Hugh S. Johnson as administrator for industrial recovery. The administration was empowered to make voluntary agreements dealing with hours of work, rates of pay, and the fixing of prices. Until March 1934, the NRA was engaged chiefly in drawing up these industrial codes for all industries to adopt. More than 500 codes of fair practice were adopted for the various industries. Patriotic appeals were made to the public, and firms were asked to display the Blue Eagle, an emblem signifying NRA participation.

From the beginning, the NRA reflected divergent goals and suffered from widespread criticism. The businessmen who dominated the code drafting wanted guaranteed profits and insisted on security for their renewed investment and future production. Congressional critics insisted on continued open pricing and saw the NRA codes as a necessary means of making it fair and orderly. A few intellectuals wanted an even more extensive government role in the form of central economic planning. Finally, unhappy labor union representatives fought with little success for the collective bargaining promised by the NIRA. The codes did little to help recovery, and by raising prices, they actually made the economic situation worse.

Though under criticism from all sides, NRA did not last long enough to fully implement its policies. In May 1935, in the case of the Schechter Poultry Corp. v. United States, the U.S. Supreme Court invalidated the compulsory-code system on the grounds that the NIRA improperly delegated legislative powers to the executive and that the provisions of the poultry code (in the case in question) did not constitute a regulation of interstate commerce. (See the Interstate Commerce Act) In a lengthy and unanimous opinion, the Court seemed to demonstrate a complete unwillingness to endorse Roosevelt’s argument that the national crisis of economic depression demanded radical innovation. Later, FDR would use this Court opinion as evidence that the Court was living in the “horse and buggy” era and needed to be reformed.

 

 

Transcript of National Industrial Recovery Act (1933)

AN ACT
To encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I—INDUSTRIAL RECOVERY

DECLARATION OF POLICY

SECTION 1. A national emergency productive of widespread unemployment and disorganization of industry, which burdens interstate and foreign commerce, affects the public welfare, and undermines the standards of living of the American people, is hereby declared to exist. It is hereby declared to be the policy of Congress to remove obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof; and to provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, to induce and maintain united action of labor and management under adequate governmental sanctions and supervision, to eliminate unfair competitive practices, to promote the fullest possible utilization of the present productive capacity of industries, to avoid undue restriction of production (except as may be temporarily required), to increase the consumption of Industrial and agricultural products by increasing purchasing power, to reduce and relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry and to conserve natural resources.

ADMINISTRATIVE AGENCIES

SEC. 2. ( a) To effectuate the policy of this title, the President is hereby authorized to establish such agencies, to accept and utilize such voluntary and uncompensated services to appoint without
regard to the provisions of the civil service laws, such officers and employees, an to utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees, as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed.

(b) The President may delegate any of his functions and powers under this title to such officers, agents, and employees as lie may designate or appoint, and may establish an industrial planning and research agency to aid in carrying out his functions under this title.

(c) This title shall cease to be in effect and any agencies established hereunder shall cease to exist at the expiration of two years after the date of enactment of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended.

CODES OF FAIR COMPETITION

SEC.3. (a) Upon the application to the President by one or more trade or industrial associations or groups the President may approve a code or codes of fair competition for the trade or industry or sub- division thereof, represented by the applicant or applicants, if the President finds (1) that such associations or groups impose no inequitable restrictions on admission to membership therein and are truly representative of such trades or industries or subdivisions thereof, and (2) that such code or codes are not designed to pro- mote monopolies or to eliminate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policy of this title: Provided, That such code or codes shall not permit monopolies or monopolistic practices : Provided further, That where such code or codes affect the services and welfare of persons engaged in other steps of the economic process, nothing in this section shall deprive such persons of the right to be heard prior to approval by the President of such code or codes. The President may, as a condition of his approval of any such code, impose such conditions (including requirements for the making of reports and the keeping of accounts) for the protection of consumers competitors, employees, and others, and in furtherance of the public interest, and may provide such exceptions to and exemptions from the provisions of such code, as the President in his discretion deems necessary to effectuate the policy herein declared.

(b) After the President shall have approved any such code, the provisions of such code shall be the standards of fair competition for such trade or industry or subdivision thereof. Any violation of such standards in any transaction in or affecting interstate or foreign commerce shall be deemed an unfair method of competition in commerce within the meaning of the Federal Trade Commission Act, as amended; but nothing in this title shall be construed to impair the powers of the Federal Trade Commission under such Act, as amended.

(c) The several district courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of any code of fair competition approved under this title; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.

(d) Upon his own motion, or if complaint is made to the President that abuses inimical to the public interest and contrary to the policy herein declared are prevalent in any trade or industry or subdivision thereof, and if no code of fair competition therefor has theretofore been approved by the President, the President, after such public notice and hearing as he shall specify, may prescribe and approve a code of fair competition for such trade or industry or subdivision thereof, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of this section.

(e) On his own motion, or if any labor organization, or any trade or industrial organization, association, or group, which has complied with the provisions of this title, shall make complaint to the President that any article or articles are being imported into the United States in substantial quantities or increasing ratio to domestic production of any competitive article or articles and on such terms or under such conditions as to render ineffective or seriously to endanger the maintenance of any code or agreement under this title, the President may cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this subsection, and if, after such investigation and such public notice and hearing as he shall specify, the President shall find the existence of such facts, he shall, in order to effectuate the policy of this title, direct that the article or articles concerned shall be permitted entry into the United States only upon such terms and conditions and subject to the payment of such fees and to such limitations in the total quantity which may be imported (in the course of any specified period or periods) as he shall find it necessary to prescribe in order that the entry thereof shall not render or tend to render ineffective any code or agreement made under this title. In order to enforce any limitations imposed on the total quantity of imports, in any specified period or periods, of any article or articles under this subsection, the President may forbid the importation of such article or articles unless the importer shall have first obtained from the Secretary of the Treasury a license pursuant to such regulations as the President may prescribe. Upon information of any action by the President under this subsection the Secretary of the Treasury shall, through the proper officers, permit entry of the article or articles specified only upon such terms and conditions and subject to such fees, to such limitations in the quantity which may be imported, and to such requirements of license, as the President shall have directed. The decision of the President as to facts shall be conclusive. Any condition or limitation of entry under this subsection shall continue in effect until the President shall find and inform the Secretary of the Treasury that the conditions which led to the imposition of such condition or limitation upon entry no longer exists.

(f) When a code of fair competition has been approved or prescribed by the President under this title, any violation of any provision thereof in any transaction in or affecting interstate, or foreign commerce shall be a misdemeanor and upon conviction thereof an offender shall be fined not more than $500 for each offense and each day such violation continues shall be deemed a separate offense.

AGREEMENTS AND LICENSES
SEC. 4. (a) The President is authorized to enter into agreement with, and to approve voluntary agreements between and among, per- sons engaged in a trade or industry, labor organizations, and trade or industrial organizations, associations, or groups, relating to any trade or industry, if in his judgment such agreements will aid in effectuating the policy of this title with respect to transactions in or affecting interstate or foreign commerce, and will be consistent with the requirements of clause (2) of subsection (a) of section 3 for a code of fair competition.

(b) Whenever the President shall find that destructive wage or price cutting or other activities contrary to the policy of this title are being practiced in any trade or industry or any subdivision thereof, and, after such public notice and hearing as he shall specify, shall find it essential to license business enterprises in order to make effective a code of fair competition or an agreement under this title or otherwise to effectuate the policy of this title, and shall publicly so announce, no person shall, after a date fixed in such announcement, engage in or carryon any business, in or affecting interstate or foreign commerce, specified in such announcement, unless he shall have first obtained a license issued pursuant to such relations as the President shall prescribe. The President may suspend or revoke any such license, after due notice and opportunity for hearing, for violations of the terms or conditions thereof. Any order of the President suspending or revoking any such license shall be final if in accordance with law. Any person who, without such a license or in violation of any condition thereof, carries on any such business for which a license is so required, shall, upon conviction thereof, be fined not more than $500, or imprisoned not more than six months, or both, and each day such violation continues shall be deemed a separate offense. Notwithstanding the provisions of section 2 (c) , this subsection shall cease to be in effect at the expiration of one year after the date of enactment of this Act or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended.

SEC. 5. While this title is in effect (or in the case of a license, while section 4 (a) is in effect) and for sixty days thereafter, any code, agreement, or license approved, prescribed, or issued and in effect under this title, and any action complying with the provisions thereof taken during such period, shall be exempt from the provisions of the antitrust laws of the United States.

Nothing in this Act, and no regulation thereunder, shall prevent an individual from pursuing the vocation of manual labor and selling or trading the products thereof; nor shall anything in this Act, or regulation thereunder, prevent anyone from marketing or trading the produce of his farm.

LIMITATIONS UPON APPLICATION OF TITLE

SEC. 6. (a) No trade or industrial association or group shall be eligible to receive the benefit of the provisions of this title until it files with the President a statement containing such information relating to the activities of the association or group as the President shall by regulation prescribe.

(b) The President is authorized to prescribe rules and regulations designed to insure that any organization availing itself of the benefits of this title shall be truly representative of the trade or industry or subdivision thereof represented by such organization. Any organization violating any such rule or regulation shall cease to be entitled “to the benefits of this title.

(c) Upon the request of the President, the Federal Trade Com- mission shall make such investigations as may be necessary to enable the President to carry out the provisions of this title, and for such purposes the Commission shall have all the powers vested in it with respect of investigations under the Federal Trade Commission Act, as amended.

SEC. 7. (a) Every code of fair competition, agreement, and license approved, prescribed, or issued under this title shall contain the following conditions: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and. other conditions of employment, approved or. prescribed by the President.

(b) The President shall, so far as practicable, afford every opportunity to employers and employees in any trade or industry or subdivision thereof with respect to which the conditions referred to in clauses (1) and (2) of subsection (a) prevail, to establish by mutual agreement, the standards as to the maximum hours of labor, minimum rates of pay, and such other conditions of employment as may be necessary in such trade or industry or subdivision thereof to effectuate the policy of this title; and the standards established in such agreements, when approved by the President, shall have the same effect as a code of fair competition, approved by the President under subsection (a) of section 3.

(c) Where no such mutual agreement has been approved by the President he may investigate the labor practices, policies, wages, hours of labor, and conditions of employment in such trade or industry or subdivision thereof; and upon the basis of such investigations, and after such hearings as the President finds advisable, he is authorized to prescribe a limited code of fair competition fixing such maximum hours of labor, minimum rates of pay, and other conditions of employment in the trade or industry or subdivision thereof investigated as he finds to be necessary to effectuate the policy of this title, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of section 3. The President may differentiate according to experience and skill of the employees affected and according to the locality of employment; but no attempt shall be made to introduce any classification according to the nature of the work involved which might tend to set a maximum as well as a minimum wage.

(d) As used in this title, the term “person” includes any individual, partnership, association, trust, or corporation; and the terms “interstate and foreign commerce” and “interstate or foreign commerce” include, except where otherwise indicated, trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States.

APPLICATION OF AGRICULTURAL ADJUSTMENT ACT

SEC. 8. (a) This title shall not be construed to repeal or modify any of the provisions of title I of the Act entitled “An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes, approved May 12, 1933; and such title I of said Act approved May 12, 1933, may for all purposes be hereafter referred to as the “Agricultural Adjustment Act.”

(b) The President may, in his discretion, in order to avoid conflicts in the administration of the Agricultural Adjustment Act and this title, delegate any of his functions and powers under this title with respect to trades, industries, or subdivisions thereof which are engaged in the handling of any agricultural commodity or product thereof, or of any competing commodity or product thereof, to the Secretary of Agriculture.

OIL REGULATION

SEC. 9. (a) The President is further authorized to initiate before the Interstate Commerce Commission proceedings necessary to prescribe regulations to control the operations of oil pipe lines and to fix reasonable, compensatory rates for the transportation of petroleum and its products by pipe lines, and the Interstate Commerce Commission shall grant preference to the hearings and determination of such cases.

(b) The President is authorized to institute proceedings to divorce from any holding company any pipe-line company controlled by such holding company which pipe-line company by unfair practices or by exorbitant rates in the transportation of petroleum or its products tends to create a monopoly.

(c) The President is authorized to prohibit the transportation in interstate and foreign commerce of petroleum and the products thereof produced or withdrawn from storage in excess of the amount permitted to be produced or withdrawn from storage by any State law or valid regulation or order prescribed thereunder, by any board, commission, officer, or other duly authorized agency of a State. Any violation of any order of the President issued under the provisions of this subsection shall be punishable by fine of not to exceed $1,000, or imprisonment for not to exceed six months, or both.

RULES AND REGULATIONS

SEC. 10. (a) The President is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this title, and fees for licenses and for filing codes of fair competition and agreements, and any violation of any such rule or regulation shall be punishable by fine of not to exceed $500, or imprisonment for not to exceed six months, or both.

(b) The President may from time to time cancel or modify any order, approval, license, rule, or regulation issued under this title; and each agreement, code of fair competition, or license approved, prescribed, or issued under this title shall contain an express pro- vision to that effect.

TITLE II—PUBLIC WORKS AND CONSTRUCTION PROJECTS

FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS

SECTION 201. (a) To effectuate the purposes of this title, the President is hereby authorized to create a Federal Emergency Administration of Public Works, all the powers of which; shall be exercised by a Federal Emergency Administrator of Public Works (hereafter referred to as the ” Administrator “), and to establish such agencies, to accept and utilize such voluntary and uncompensated services, to appoint, without regard to the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed. The President may delegate any of his functions and powers under this title to such officers, agents, and employees as he may designate or appoint.

(b) The Administrator may, without regard to the civil service laws or the Classification Act of 1923, as amended, appoint and fix the compensation of such experts and such other officers and employees as are necessary to carry out the provisions of this title; and ma-y make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, for law books and books of reference, and for paper, printing and binding) as are necessary to carry out the provisions of this title.

(c) All such compensation, expenses, and allowances shall be paid out of funds made available by this Act.

(d) After the expiration of two years after the date of the enactment of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended, the President shall not make any further loans or grants or enter upon any new construction under this title, and any agencies established hereunder shall cease to exist and any of their remaining functions shall be transferred to such departments of the Government as the President shall designate: Provided, That he may issue funds to a borrower under this title prior to January 23, 1939, under the terms of any agreement, or any commitment to bid upon or purchase bonds, entered into with such borrower prior to the date o termination, under this section, of the power of the President to make loans.

SEC. 202. The Administrator, under the direction of the President, shall prepare a comprehensive program of public works, which shall include among other things the following: (a) Construction, repair, and improvement of public highways and park ways, public buildings, and any publicly owned instrumentalities and facilities; (b) conservation and development of natural resources, including control, utilization, and purification of waters, prevention of soil or coastal erosion, development of water power, transmission of electrical energy , and construction of river and harbor improvements and flood control and also the construction of any river or drainage improvement required to perform or satisfy any obligation incurred by the United States through a treaty with a foreign Government heretofore ratified and to restore or develop for the use of any State or its citizens water taken from or denied to them by performance on the part of the United States of treaty obligations heretofore assumed: Provided, That no river or harbor improvements shall be carried out unless they shall have heretofore or hereafter been adopted by the Congress or are recommended by the Chief of Engineers of the United States Army; (c) any projects of the character heretofore constructed or carried on either directly by public authority or with public aid to serve the interests of the general public; (d) construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects; (e) any project (other than those included in the foregoing classes) of any character heretofore eligible for loans under sub- section (a) of section 201 of the Emergency Relief and Construction Act of 1932, as amended, and paragraph (3) of such subsection (a) shall for such purposes be held to include loans for the construction or completion of hospitals the operation of which is partly financed from public funds, and of reservoirs and pumping plants and for the construction of dry docks; and if in the opinion of the President it seems desirable, the construction of naval vessels within the terms and/or limits established by the London Naval Treaty of 1930 and of aircraft required therefor and construction of heavier-than-air aircraft and technical construction for the Army Air Corps and such Army housing projects as the President may approve, and provision of original equipment for the mechanization or motorization of such Army tactical units as he may designate: Provided, however, that in the event of an international agreement for the further limitation of armament to which the United States is signatory, the President is hereby authorized and empowered to suspend, in whole or in part, any such naval or military construction or mechanization and motorization of Army units: Provided further, That this title shall not be applicable to public works under the jurisdiction or control of the Architect of the Capitol or of any commission or committee for which such Architect is the contracting and/or executive officer .

SEC. 203. (a) With a view to increasing employment quickly (while reasonably securing any loans made by the United States) the president is authorized and empowered, through the Administrator or through such other agencies as he may designate or create, (1) to construct, finance, or aid in the construction or financing of any public works project included in the program prepared pursuant to section 202; (2) upon such terms as the President shall prescribe, to make grants to States, municipalities, or other public bodies for the construction, repair, or improvement of any such project, but no such grant shall be in excess of 30 per centum of the cost of the labor and materials employed upon such project; (3) to acquire by purchase, or by exercise of the power of eminent domain, any real or personal property in connection with the construction of any such project, and to sell any security acquired or any property so constructed or acquired or to lease any such property with or without the privilege of purchase: Provided, That all moneys received from any such sale or lease or the repayment of any loan shall be used to retire obligations issued pursuant to section 209 of this Act, in addition to any other moneys required to be used for such purpose; (4) to aid in the financing of such railroad maintenance and equipment as may be approved by the Interstate Commerce Commission as desirable for the improvement of transportation facilities; and (5) to advance, upon request of the Commission having jurisdiction of the project, the unappropriated balance of the sum authorized for carrying out the provisions of the Act entitled “An Act to provide for the construction and equipment of an annex to the Library of Congress”, approved June 13, 1930 (46 Stat. 583); such advance to be expended under the direction of such Commission and in accordance with such Act: Provided, That in deciding to extend any aid or grant hereunder to any State, county, or municipality the President may consider whether action is in process or in good faith assured therein reasonably designed to bring the ordinary current expenditures thereof within the prudently estimated revenues thereof. The provisions of this section and section 202 shall extend to public works in the several States, Hawaii, Alaska, the District of Columbia, Puerto Rico, the Canal Zone, and the Virgin Islands.

(b) All expenditures for authorized travel by officers and employees, including subsistence, required on account of any Federal public-works projects, shall be charged to the amounts allocated to such projects, notwithstanding any other provisions of law; and there is authorized to be employed such personal services in the District of Columbia and elsewhere as may be required to be engaged upon such work and to be in addition to employees otherwise provided for, the compensation of such additional personal services to be a charge against the funds made available for such construction work.

(c) In the acquisition of any land or site for the purposes of Federal public buildings and in the construction of such buildings provided for in this title, the provisions contained in sections 305 and 306 of the Emergency Relief and Construction Act of 1932, as amended shall apply.

(d) The President, in his discretion, and under such terms as he may prescribe, may extend any of the benefits of this title to any State, county, or municipality notwithstanding any constitutional or legal restriction or limitation on the right or power of such State, county, or municipality to borrow money or incur indebtedness.

SEC. 204. (a) For the purpose of providing for emergency construction of public highways and related projects, the President is authorized to make grants to the highway departments of the several States in an amount not less than $400,000,000, to be expended by such departments in accordance with the provisions of the Federal Highway Act, approved November 9, 1921, as amended and supplemented, except as provided in this title, as follows:

(1) For expenditure in emergency construction on the Federal aid highway system and extensions thereof into and through municipalities. The amount apportioned to any State under this paragraph may be used to pay all or any part of the cost of surveys, plans, and of highway and bridge construction including the elimination of hazards to highway traffic, such as the separation of grades at crossing, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate railroad crossings the widening of narrow bridges and roadways, the building of footpaths, the replacement of unsafe bridges, the construction of routes to avoid congested areas, the construction of facilities to improve accessibility and the free flow of traffic, and the cost of any other construction that will provide safer traffic facilities or definitely eliminate existing hazards .to pedestrian or vehicular traffic. No funds made available by this title shall be used for the acquisition of any land, right of way, or easement in connection with any rail- road grade elimination project.

(2) For expenditure in emergency construction on secondary or feeder roads to be agreed upon by the State highway departments and the Secretary of Agriculture: Provided, That the State or responsible political subdivision shall provide for the proper maintenance of said roads. Such grants shall be available for payment of the full cost of surveys, plans, improvement, and construction of secondary or feeder roads, on which projects shall be submitted by the State highway department and approved by the Secretary of Agriculture.

(b) Any amount allocated by the President for grants under subsection (a) of this section shall be apportioned among the several States seven-eighths in accordance with the provisions of section 21 of the Federal Highway Act, approved November 9, 1921, as amended and supplemented (which Act is hereby further amended for the purposes of this title to include the District of Columbia), and one-eighth in the ratio which the population of each State bears to the total population of the United States, according to the latest decennial census and shall be available on July 1, 1933% and shall remain available until expended; but no part of the funds apportioned to any State need be matched by the State, and such funds may also be used in lieu of State funds to match unobligated balances of previous apportionments of regular Federal-aid appropriations.

(c) All contracts involving the expenditure 0f such grants shall contain provisions establishing minimum rates of wages, to be predetermined by the State highway department, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals for bids for the work.

(d) In the expenditure of such amounts, the limitations in the Federal Highway Act, approved November 9, 1921, as amended and supplemented, upon highway construction, reconstruction, and bridges within municipalities and upon payments per mile which may be made from Federal funds, shall not apply.

(e) As used in this section the term ” State includes the Territory of Hawaii and the District of Columbia. The term “highway” as defined in the Federal Highway Act approved November 9, 1921 “as amended and supplemented, for the purposes of this section, shall be deemed to include such main parkways as may be designated by the State and approved by the Secretary of Agriculture as part of the Federal-aid highway system.

(f) Whenever, in connection with the construction of any highway project under this section or section 202 of this Act, it is necessary to acquire rights of way over or through any property or tracts of land owned and controlled by the Government of the United States, it shall be the duty of the proper official of the Government of the United States having control of such property or tracts of land with the approval of the President and the Attorney General of the United States, and without any expense whatsoever to the United States, to perform any acts and to execute any agreements necessary to grant the rights of way so required, but if at any time the land or the property the subject of the agreement shall cease to be used for the purposes of the highway, the title in and the jurisdiction over the land or property shall automatically revert to the Government of the United States and the agreement shall so provide.

(g) Hereafter in the administration of the Federal Highway Act, and Acts amendatory thereof or supplementary thereto, the first paragraph of section 9 of said Act shall not apply to publicly owned toll bridges or approaches thereto, operated by the highway department of any State, subject, however, to the condition that all tolls received from the operation of any such bridge, less the actual cost of operation and maintenance, shall be applied to the repayment of the cost of its construction or acquisition, and when the cost of its construction or acquisition shall have been repaid in full, such bridge thereafter shall be maintained and operated as a free bridge.

SEC. 205. (a) Not less than $50,000,000 of the amount made avail.; able by this Act shall be allotted for (A) national forest highways, (B) national forest roads, trails, bridges, and related projects, ( C ) national park roads and trails in national parks owned or authorized, (D) roads on Indian reservations, and (E) roads through public lands, to be expended in the same manner as provided in paragraph (2) of section 301 of the Emergency Relief and Construction Act of 1932, in the case of appropriations allocated for such purposes, respectively, in such section 301, to remain available until expended.

(b) The President may also allot funds made available by this Act for the construction, repair and improvement of public high- Ways in Alaska, the Canal Zone, Puerto Rico, and the Virgin Islands.

SEC. 206. All contracts let for construction projects and all loans and grants pursuant to this title shall contain such provisions as are necessary to insure (1) that no convict labor shall be employed on any such project; (2) that (except in executive, administrative, and supervisory positions), so far as practicable and feasible., no individual directly employed on any such project shall be permitted to work more than thirty hours in anyone week; (3) that all employees shall be paid just and reasonable wages which shall be compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort; (4) that in the employment of labor in connection with any such project, preference shall be given, where they are qualified, to ex-service men with dependents, and then in the following order: (A) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the political subdivision and/or county in which the work is to be performed, and (B) to citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the State Territory, or district in which the work is to be performed: Provided, That these preferences shall apply only where such labor is available and qualified to perform the work to which the employment relates; and ( 5) that the maximum of human labor shall be used in lieu of machinery wherever practicable and consistent with sound economy and public advantage.

SEC. 207. (a) For the purpose of expediting the actual construction of public works contemplated by this title and to provide a means of financial assistance to persons under contract with the United States to perform such construction, the President is authorized and empowered through the Administrator or through such other agencies as he may designate or create to approve any assignment executed by any such contractor, with the written consent of the surety or sureties upon the penal bond executed in connection with his contract, to any national or State bank, or his claim against the United States, or any part of such claim, under such contract ; and any assignment so approved shall be valid for all purposes, not- withstanding the provisions of sections 3737 and 3477 of the Revised Statutes as amended.

(b) The funds received by a contractor under any advances made in consideration of any such assignment are hereby declared to be trust funds in the hands of such contractor to be first applied to the payment of claims of subcontractors, architects, engineers, surveyors, laborers, and material men in connection with the project, to the payment of premiums on the penal bond or bonds, and premiums accruing during the construction of such project on insurance policies taken in connection therewith. Any contractor and any officer, director or agent of any such contractor, who applies, or consents to the application of, such funds for any other purpose and fails to pay any claim or premium hereinbefore mentioned, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

(c) Nothing in this section shall be considered as imposing upon the assignee any obligation to see to the proper application of the funds advanced by the assignee in consideration of such assignment.

SUBSISTENCE HOMESTEADS

SEC. 208. To provide for aiding the redistribution of the overbalance of population in industrial centers $25,000,000 is hereby made available to the President, to be used by him through such agencies as he may establish and under such regulations as he may make, for making loans for and otherwise aiding in the purchase of subsistence homesteads. The moneys collected as repayment of said loans shall constitute a revolving fund to be administered as directed by the President for the purposes of this section.

RULES AND REGULATIONS

SEC. 209. The President is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this title, and any violation of any such rule or regulation shall be punishable by fine of not to exceed $500 or imprisonment not to exceed six months, or both.

ISSUE OF SECURITIES AND SINKING FUND

SEC. 210. (a) The Secretary of the Treasury is authorized to borrow, from time to time, under the Second Liberty Bond Act, as amended, such amounts as may be necessary to meet the expenditures authorized by this Act, or to refund any obligations previously issued under this section, and to issue therefor bonds, notes, certificates of indebtedness, or Treasury bills of the United States.

(b) For each fiscal year beginning with the fiscal year 1934 there is hereby appropriated, in addition to and as part of, the cumulative sinking fund provided by section 6 of the Victory Liberty Loan Act, as amended, out of any money in the Treasury not otherwise appropriated, for the purpose of such fund, an amount equal to 2 l/2 per centum of the aggregate amount of the expenditures made out of appropriations made or authorized under this Act as determined by the Secretary of the Treasury.

REEMPLOYMENT AND RELIEF TAXES

SEC. 211. (a) Effective as of the day following the date of the enactment of this Act, section 617 (a) of the Revenue Act of 1932 is amended by striking out “1 cent” and inserting in lieu thereof ” 1 1/2 cents”.

(b) Effective as of the day following the date of the enactment of this Act, section 617 (c) (2) of such: Act is amended by adding at the end thereof a new sentence to read as follows: ” As used in this paragraph the term ‘benzol’ does not include benzol sold for use otherwise than as a fuel for the propulsion of motor vehicles, motor boats, or airplanes, and otherwise than in the manufacture or production of such fuel.”

SEC. 212. Titles IV and V of the Revenue Act of 1932 are amended by striking out “1934 ” wherever appearing therein and by inserting in lieu thereof ” 1935 “. Section 761 of the Revenue Act of 1932 is further amended by striking out “and on July 1 1933 ” and inserting in lieu thereof “and on July 1, 1933, and on July 1, 1934,”.

SEC. 213. (a) There is hereby imposed upon the receipt of dividends (required to be included in the gross income of the recipient under the provisions of the Revenue Act of 1932) by any person other than a domestic corporation, an excise tax equal to 5 per centum of the amount thereof, such tax to be deducted and withheld from such dividends by the payor corporation. The tax imposed by this section shall not apply to dividends declared before the date of the enactment of this Act.

(b) Every corporation required to deduct and withhold any tax under this section shall, on or before the last day of the month following the payment of the dividend, make return thereof and pay the tax to the collector of the district in which its principal place of business is located, or, if it has no principal place of business in the United States, to the collector at Baltimore, Maryland.

(c) Every such corporation is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payment made in accordance with the provisions of this section.

( d ) The provisions of sections 115, 771 to 774, inclusive, and 1111 of the Revenue Act of 1932 shall be applicable with respect to the tax imposed by this section.

(e) The taxes imposed by this section shall not apply to the dividends of any corporation enumerated in section 103 of the Revenue Act of 1932.

SEC. 214. Section 104 of the Revenue Act of 1932 is amended by striking out the words ” the surtax ” wherever occurring in such section and inserting in lieu thereof “any internal-revenue tax.” The heading of such section is amended by striking out “surtaxes” and inserting in lieu thereof “internal-revenue taxes.” Section 13 (c) of such Act is amended by striking out “surtax” and inserting in lieu thereof “internal-revenue tax.”

SEC. 215. (a) For each year ending June 30 there is hereby imposed upon every domestic corporation with respect to carrying on or doing business for any part of such year an excise tax of $1 for each $1,000 of the adjusted declared value of its capital stock.

(b) For each year ending June 30 there is hereby imposed upon every foreign corporation with respect to carrying on or doing business in the United States for any part of such year an excise tax equivalent to $1 for each $1,000 of the adjusted declared value of capital employed in the transaction of its business in the United States.

(c) The taxes imposed by this section shall not apply–
(1) to any corporation enumerated in section 103 of the Revenue Act of 1932 ;
(2) to any insurance company subject to the tax imposed by section 201 or 204 of such Act ;
(3) to any domestic corporation in respect of the year ending June 30, 1933, if it did not carry on or do business during a part of the period from the date of the enactment of this Act to June 30, 1933, both dates inclusive; or
(4) to any foreign corporation in respect of the year ending June 30, 1933, if it did not carry on or do business in the United States during apart of the period from the day of the enactment of this Act to June 30, 1933, both dates inclusive.

(d) Every corporation liable for tax under this section shall make a return under oath within one month after the close of the year with respect to which such tax is imposed to the collector for the district in which is located its principal place of business or, if it has no principal place of business in the United States, then to the collector at Baltimore, Maryland. Such return shall contain such information and be made in such manner as the Commissioner with the approval of the Secretary may by regulations prescribe. The tax shall, without assessment by the Commissioner or notice from the collector, be due and payable to the collector before the expiration of the period for filing the return. If the tax is not paid when due, there shall be added as part of the tax interest at the rate of 1 per centum a month from the time when the tax became due until paid. All provisions of law (including penalties) applicable in respect of the taxes imposed by section 600 of the Revenue Act of 1926 shall, in so far as not inconsistent with this section, be applicable in respect of the taxes imposed by this section. The Commissioner may extend the time for making the returns and paying the taxes imposed by this section, under such rules and regulations as he may prescribe with the approval of the Secretary, but no such extension shall be for more than sixty days.

(e) Returns required to be filed for the purpose of the tax imposed by this section shall be open to inspection in the same manner, to the same extent, and subject to the same provisions of law, including penalties, as returns made under title II of the Revenue Act of 1926.

(f) For the first year ending June 30 in respect of which a tax is imposed by this section upon any corporation, the adjusted declared value shall be the value, as declared by the corporation in its first return under this section (which declaration of value cannot be amended), as of the clos6Jof its last income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section (or as of the date of organization in the case of a corporation having no income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section). For any subsequent year ending June 30, the adjusted declared value in the case of a domestic corporation shall be the original declared value plus (1) the cash and fair market value of property paid in for stock or shares, (2) paid-in surplus and contributions to capital, and (3) earnings and profits, and minus (A) the value of property distributed in liquidation to shareholders, (B) distributions of earnings and profits, and (C) deficits, whether operating or nonoperating; each adjustment being made for the period from the date as of which the original declared value was declared to the close of its last income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section. For any subsequent year ending June 30, the adjusted declared value in the case of a foreign corporation shall be the original declared value adjusted, in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, to reflect increases or decreases (for the period specified in the preceding sentence) in the capital employed in the transaction of its business in the United States.

(g) The terms used in this section shall have the same meaning as when used in the Revenue Act of 1932.

SEC. 216. (a) There is hereby imposed upon the net income of every corporation, for each income-tax taxable year ending after the close of the first year in respect of which it is taxable under section 215, an excess-profits tax equivalent to 5 per centum of such portion of its net income for such income-tax taxable year as is in excess of 12 1\2 per centum of the adjusted declared value of its capital stock (or in the case of a foreign corporation the adjusted declared value of capital employed in the transaction of its business in the United States) as of the close of the preceding income-tax taxable year ( or as of the date of organization if it had no preceding income-tax taxable year) determined as provided in section 215. The terms used in this section shall have the same meaning as when used in the Revenue Act of 1932.

(b) The tax imposed by this section shall be assessed, collected, and paid in the same manner, and shall be subject to the same provisions of law (including penalties), as the taxes imposed by title I of the Revenue Act of 1932.

SEC. 217. (a) The President shall proclaim the date of–
( 1) the close of the first fiscal year ending June 30 of any year after the year 1933, during which the total receipts of the United States (excluding public-debt receipts) exceed its total expenditures ( excluding public-debt expenditures other than those chargeable against such receipts ) , or
(2) the repeal of the eighteenth amendment to the Constitution,
whichever is the earlier.

(b) Effective as of the 1st day of the calendar year following the date so proclaimed section 617 (a) of the Revenue Act of 1932, as amended, is amended by striking out “1 1/2 cents ” and inserting in lieu thereof “1 cent “.

(c) The tax on dividends imposed by section 213 shall not apply to any dividends declared on or after the 1st day of the calendar year following the date so proclaimed.

(d) The capital-stock tax imposed by section 215 shall not apply to any taxpayer in respect of any year beginning on or after the 1st day of July following the date so proclaimed.

(e) The excess-profits tax imposed by section 216 shall not apply to any taxpayer in respect of any taxable year after its taxable year during which the date so proclaimed occurs.

SEC. 218. (a) Effective as of January 1, 1933, sections 117, 23(i), 169, 187 and 205 of the Revenue Act of 1932 are repealed.

(b) Effective as of January 1,1933, section 23(r) (2) of the Revenue Act of 1932 is repealed.

(c) Effective as of January 1,1933, section 23(r) (3) of the Revenue Act of 1932 is amended by striking out all after the word ” Territory ” and inserting a period.

(d) Effective as of January 1,1933, section 182(a) of the Revenue Act of 1932 is amended by inserting at the end thereof a new sentence as follows: ” No part of any loss disallowed to a partnership as a deduction by section 23(r) shall be allowed as a deduction to a member of such partnership in computing net income.”

(e) Effective as of January 1, 1933, section 141 ( c ) of the Revenue Act of 1932 is amended by striking out “except that for the taxable years 1932 and 1933 there shall be added to the rate of tax prescribed by sections 13(a), 201(b), and 204(a), a rate of three fourths of 1 per centum ” and inserting in lieu thereof the following: ” except that for the taxable years 1932 and 1933 there shall be added to the rate of tax prescribe by sections 13 ( a) , 201 (b ) , and 204 ( a) , a rate of three fourths of 1 per centum and except that for the taxable years 1934 and 1935 there shall be added to the rate of tax prescribed by sections 13 ( a) , 201 (b ) , and 204 ( a) , a rate of 1 per centum “.

(f) No interest shall be assessed or collected for any period prior to September 15, 1933, upon such portion of any amount determined as a deficiency in income taxes as is attributable solely to the amendments made to the Revenue Act of 1932 by this section.

(g) In cases where the effect of this section is to require for a taxable year ending prior to June 30, 1933, the making of an income- tax return not otherwise required by law, the time for making the return and paying the tax shall be the same as if the return was for a fiscal-year ending June 30, 1933.

(h) Section 55 of the Revenue Act of 1932 is amended by inserting before the period at the end thereof a semicolon and the following : “and all returns made under this Act after the date of enactment of the National Industrial Recovery Act shall constitute public records and shall be open to public examination and inspection to such extent as shall be authorized in rules and regulations promulgated by the President”.

SEC 219. Section 500 (a) (1) of the Revenue Act of 1926, as amended, is amended by striking out the period at the end of the second sentence thereof and inserting in lieu thereof a comma and the following: ” except that no tax shall be imposed in the case of persons admitted free to any spoken play (not a mechanical reproduction), whether or not set to music or with musical parts or accompaniments, which is a consecutive narrative interpreted by a single set of characters, all necessary to the development of the plot, in two or more acts, the performance consuming more than 1 hour and 45 minutes of time.”

APPROPRIATION

SEC. 220. For the purposes of this Act, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $3,300,000,000. The President is authorized to allocate so much of said sum, not in excess of $100,000,000, as he may determine to be necessary for expenditures in carrying out the Agricultural Adjustment Act and the purposes, powers, and functions heretofore and hereafter conferred upon the Farm Credit Administration.

SEC. 221. Section 7 of the Agricultural Adjustment Act, approved May 12, 1933, is amended by striking out all of its present terms and provisions and substituting therefor the following :
” SEC. 7. The Secretary shall sell the cotton held by him at his discretion, but subject to the foregoing provisions: Provided, That he shall dispose of all cotton held by him by March 1, 1936 : Provided further, That notwithstanding the provisions of section 6, the Secretary shall have authority to enter into option contracts with producers of cotton to sell to the producers such cotton held by him, in such amounts and at such prices and upon such terms and conditions as the Secretary may deem advisable, in combination with rental or benefit payments provided for in part 2 of this title.
“Notwithstanding any provisions of existing law, the Secretary of Agriculture may in the administration of the Agricultural Adjustment Act make public such information as he deems necessary in order to effectuate the purposes of such Act.”

TITLE III-AMENDMENTS TO EMERGENCY RELIEF AND CONSTRUCTION ACT AND MISCELLANEOUS PROVISIONS

SECTION 301. After the expiration of ten days after the date upon which the Administrator has qualified and taken office, (1) no application shall be approved by the Reconstruction Finance Corporation under the provisions of subsection ( a) of section 201 of the Emergency Relief and Construction Act of 1932, as amended, and (2) the Administrator shall have access to all applications, files, and records of the Reconstruction Finance Corporation relating to loans and contracts and the administration of funds under such subsection: Provided, That the Reconstruction Finance Corporation may issue funds to a borrower under such subsection ( a) prior to January 23, 1939, under the terms of any agreement or any commitment to bid upon or purchase bonds entered into with such borrower pursuant to an application approved prior to the date of termination, under this section, of the power of the Reconstruction Finance Corporation to approve applications.

DECREASE OF BORROWING POWER OF RECONSTRUCTION FINANCE
CORPORATION

SEC. 302. The amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is authorized and empowered under section 9 of the Reconstruction Finance Corporation Act, as amended, to have outstanding at anyone time is decreased by $400,000,000.

SEPARABILITY CLAUSE

SEC. 303. If any provision 0f this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

SHORT TITLE
SEC. 304. This Act may be cited as the ” National Industrial Recovery Act.”
Approved, June 16, 1933, 11 :55 a.m.

 

Zimmermann Telegram (1917)

Zimmermann Telegram (1917)

Between 1914 and the spring of 1917, the European nations engaged in a conflict that became known as World War I. While armies battled in Europe, the United States remained neutral. In 1916 Woodrow Wilson was elected President for a second term, largely because of the slogan “He kept us out of war.” Events in early 1917 would change that hope.

In January of 1917, British cryptographers deciphered a telegram from German Foreign Minister Arthur Zimmermann to the German Minister to Mexico, von Eckhardt, offering United States territory to Mexico in return for joining the German cause. To protect their intelligence from detection and to capitalize on growing anti-German sentiment in the United States, the British waited to present the telegram to President Wilson. Meanwhile, frustration over the effective British naval blockade caused Germany to break its pledge to limit submarine warfare. In response, the United States severed diplomatic relations with Germany in February.

On February 24 Britain released the Zimmerman telegram to Wilson, and news of the telegram was published widely in the American press on March 1. The telegram had such an impact on American opinion that, according to David Kahn, author of The Codebreakers, “No other single cryptanalysis has had such enormous consequences.” It is his opinion that “never before or since has so much turned upon the solution of a secret message.” On April 6, 1917, the United States Congress formally declared war on Germany and its allies. The Zimmerman telegram clearly had helped draw the United States into the war and thus changed the course of history.

 

 

 

Transcript of Zimmermann Telegram (1917)

(Decoded message text of the Zimmermann Telegram)

FROM 2nd from London # 5747.

“We intend to begin on the first of February unrestricted submarine warfare. We shall endeavor in spite of this to keep the United States of America neutral. In the event of this not succeeding, we make Mexico a proposal or alliance on the following basis: make war together, make peace together, generous financial support and an understanding on our part that Mexico is to reconquer the lost territory in Texas, New Mexico, and Arizona. The settlement in detail is left to you. You will inform the President of the above most secretly as soon as the outbreak of war with the United States of America is certain and add the suggestion that he should, on his own initiative, invite Japan to immediate adherence and at the same time mediate between Japan and ourselves. Please call the President’s attention to the fact that the ruthless employment of our submarines now offers the prospect of compelling England in a few months to make peace.” Signed, ZIMMERMANN.

 

Have you ever wondered what happened to the 56 men who signed the Declaration of Independence

Have you ever wondered what happened to the 56 men who signed the Declaration of Independence?

Five signers were captured by the British as traitors, and tortured before they died. Twelve had their homes ransacked and burned. Two lost their sons serving in the Revolutionary Army; another had two sons captured. Nine of the 56 fought and died from wounds or hardships of the Revolutionary War. They signed and they pledged their lives, their fortunes, and their sacred honor. What kind of men were they? Twenty-four were lawyers and jurists. Eleven were merchants, nine were farmers and large plantation owners; men of means, well educated. But they signed the Declaration of Independence knowing full well that the penalty would be death if they were captured. Carter Braxton of Virginia, a wealthy planter and trader, saw his ships swept from the seas by the British Navy. He sold his home and properties to pay his debts, and died in rags. Thomas McKeam was so hounded by the British that he was forced to move His family almost constantly. He served in the Congress without pay, and his family was kept in hiding. His possessions were taken from him, and poverty was his reward. Vandals or soldiers looted the properties of Dillery, Hall, Clymer, Walton, Gwinnett, Heyward, Ruttledge, and Middleton. At the battle of Yorktown, Thomas Nelson Jr., noted that the British General Cornwallis had taken over the Nelson home for his headquarters. He quietly urged General George Washington to open fire. The home was destroyed, and Nelson died bankrupt. Francis Lewis had his home and properties destroyed. The enemy jailed his wife, and she died within a few months. John Hart was driven from his wife’s bedside as she was dying. Their 13 children fled for their lives. His fields and his gristmill were laid to waste. For more than a year he lived in forests and caves, returning home to find his wife dead and his children vanished. A few weeks later he died from exhaustion and a broken heart. Norris and Livingston suffered similar fates. Such were the stories and sacrifices of the American Revolution. These were not wild-eyed, rabble-rousing ruffians. They were soft-spoken men of means and education. They had security, but they valued liberty more. Standing tall, straight, and unwavering, they pledged: “For the support of this declaration, with firm reliance on the protection of the divine providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honor.” They gave you and me a free and independent America. The history books never told you a lot about what happened in the Revolutionary War. We didn’t fight just the British. We were British subjects at that time and we fought our own government! Some of us take these liberties so much for granted, but we shouldn’t. So, take a few minutes while enjoying your 4th of July holiday and silently thank these patriots. It’s not much to ask for the price they paid. Remember: freedom is never free!