XXIV.

SABBATH LEGISLATION.

Sunday, or "the first day of the week," is by Christians observed as a Sabbath in the twofold sense of being a day of rest from ordinary secular labor and also a period specially devoted to religious worship. The point we propose to consider is not whether this observance is obligatory under the law of God; but what is the authority, if any, of the Christian Sabbath in this country as derived from civil government.

The only clause in the Constitution of the United States that can have any possible relation. to this inquiry reads as follows: "If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it," etc.. This simply recognizes Sunday as one of the days of the week: and, assuming that the President would not devote it to public business, it provides that, in counting the "ten days" referred to, Sundays shall not be included. Here, clearly, is no law in respect to Sunday, except for the single purpose named.

The Revised Statutes of the United States con

tain four references to Sunday: In the first (section 1324), providing that cadets shall not be required to pursue their studies on Sunday; in the second (section 1526), making the same provision in regard to students at the Naval Academy; in the third (section 5013), declaring that in computing time in certain bankruptcy proceedings Sunday shall not be counted, but, like the Fourth of July or Christmas Day, shall be excluded from the computation; in the fourth (section 1125), providing that army chaplains shall, when it is practicable, hold appropriate religious services at least once each Sunday. The first three references relate to Sunday simply as a day of rest and have nothing to do with its religious uses. The fourth reference names it as the day when army chaplains shall hold religious services, because this is the common day of rest and the day usually observed for this purpose by the people, and not because Congress intended to establish any Sabbath law even for the army.

It is the practice of Congress and of the Federal courts to suspend legislative and judicial business on Sunday; yet the practice is one of usage and not of legal requirement. The same practice extends through the whole circle of government operations, with the exception of the mail. This exception was some years since the subject of very extensive dis cussion among the people. Numerous petitions. were addressed to Congress asking for a discontinuance of the mail on the Christian Sabbath. The

petitions were referred to a special committee, who reported adversely to the prayer of the petitioners. Congress, in adopting the report, declined, in respect to the transportation of the mail, to make any distinction between Sunday and the other days of the week. The Christian Sabbath is not an institution of the Government of the United States and is nowhere invested with the sanction of its authority.

In the constitutions of the several States the Sabbath is wholly unmentioned, with the exception of that of Vermont. Part I., in article 3 of that constitution, after providing for the protection of the rights of a religious conscience, adds: "Never. theless, every sect or denomination of Christians. ought to observe the Sabbath or Lord's Day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God." This language relates simply to Christian sects, and, even in reference to them, it is merely the statement of a moral obligation. No one, we presume, would claim that the legislature of Vermont could make it the basis of a statute requiring Christians religiously to observe the Lord's Day. Such a construction would be inconsistent with other parts of the same section. The constitutions of all the States leave the question of religious worship, as to time and mode, to be settled by the individual conscience, subject only to the limitation imposed by the demands of public order.

4.

As an example of legislative action in regard to the Sabbath, we refer the reader to Part I., chapter 20, title 8, and article 8 of the Revised Statutes of the State of New York, in which he will find a series of provisions forbidding the following things to be done on "the first day of the week, called Sunday:" 1. The serving of any "writ, process, warrant, order, judgment, decree, or other proceeding of any court or officer of justice," with certain exceptions specified. 2. A variety of sports, as 'shooting, hunting, fishing, sporting, playing, horse racing, gaming, frequenting of tippling houses, or any unlawful exercises or pastimes," 3. All travelling "unless in cases of charity or necessity" or for other excepted purposes named in the statute. All "servile laboring or working, excepting works of necessity or charity, unless done by some person who uniformly keeps the last day of the week, called Saturday, as holy time, and does not labor or work on that day, and whose labor shall not disturb other persons in their observance of the first day of the week as holy time." 5. Public traffic in "any wares, merchandise, fruit, herbs, goods, or chattels," with the exception of "meats, milk, and fish, which may be sold at any time before nine of the clock in the morning." 6. The sale of "ale, porter, strong or spirituous liquors" by inn or tavern-keepers, "excepting to lodgers in such inns or taverns, or to persons actually travelling on that day in cases allowed by law." The title which contains these

provisions relates to "the prevention and punishment of immorality and disorderly practices"; and under it we. have a series of articles referring to "jugglers and the exhibition of shows, etc," "disorderly practices on public occasions and holidays,” betting and gaming," "raffling and lotteries," "the racing of animals," "profane cursing and swearing," "the disturbance of religious meetings," and "the observance of Sunday.”

Part III. in chapter 3, title 1, and section 7 of the same Statutes provides that "no court shall be opened or transact any business on Sunday, unless it be for the purpose of receiving a verdict or discharging a jury."

These provisions furnish an illustration of the general scope and character of what are called "Sabbath laws." Such laws, as to their minor details, differ somewhat in the different States; yet, like the constitutions of the several States, they are in all the States substantially identical in their fundamental principle. What is that principle? In order to answer this question on the basis of judicial authority, we submit, as follows, a series of deliverances by State courts in cases referring to the Christian Sabbath :

In the case of Lindenmuller vs. The People (33 Barbour, p. 548), the Supreme Court of the State of New York, in expounding the Act of April 17th, 1860, forbidding theatrical and dramatic performances on the Christian Sabbath, after saying that,