264 ANDREW J. SHIPMAN MEMORIAL 



the Indian Service, which as to ceremonies and exercises is 

 now being enforced under the existing religious regulations, I 

 find it necessary to issue this order supplementary to those 

 regulations to cover the use at those exercises and at other 

 times of insignia and garb as used by various denominations. 

 At exercises of any particular denomination there is, of course, 

 no restriction in this respect, but at the general assembly 

 exercises and in the public school rooms, or on the grounds 

 when on duty, insignia or garb has no justification. 



In Government schools all insignia of any denomination 

 must be removed from all public rooms, and members of any 

 denomination wearing distinctive garb should leave such garb 

 oflf while engaged at lay duties as Government employes. If 

 any case exists where such an employe cannot conscientiously 

 do this he will be given a reasonable time, not to extend, 

 however, beyond the opening of the next school year after 

 the date of this order, to make arrangements for employ- 

 ment elsewhere than in Federal Indian schools. Respectfully, 



Robert G. Valentine, 

 Commissioner. 



This order of the Indian Commissioner in wording reveals 

 something of the manner of a Tsar. He begins: "In ac- 

 cordance with that essential principle of our National life — 

 the separation of Church and State — as applied by me to the 

 Indian Service," &c. Most officials in the service of the 

 United States, where they are not clothed with judicial func- 

 tions, are content to rely upon the guidance of a court made 

 upon cases arising out of an actual grievance and complaint 

 carried to judgment, for the application of the principles of 

 fundamental American law. But that view hardly seems to 

 have suited Commissioner Valentine; he preferred to have 

 them "as applied by me." 



Many persons misunderstand the language of the Consti- 

 tution in regard to the separate functions of Church and State, 

 and imagine all sorts of wild things. The language of the 

 first amendment to the Constitution is : "Congress shall make 

 no law respecting an establishment of religion or prohibiting 

 the free exercise thereof." Prejudice, oppression, hostility or 

 suppression of the manners and customs of a religion is 

 as much forbidden thereby on the one hand, as is favoritism 

 or exaltation of a particular religion on the other. But this 

 amendment was never intended to be a shield for unfriendly 

 acts against any denomination. Besides this, the eleventh 

 amendment to the Constitution expressly provides that, "Pow- 

 ers not delegated to the United States by the Constitution nor 



