The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-15


The New York Sunday Laws vle4ste Rsla-
gs0as Liberty
II there Il any one thing more than another
In the constitution of the United States Of
which Americans have right to feel proud.
1t Is that clause which guarantees religious
equality to every sect, and gives perfect re.
llgious freedom to ALL The great men who
drew up the instrument knew that religion was
thing of the mind between God and the lndi-
vidual conscience alone, and that the compul-
sorry Observance Of any ofits ordinances was alb
surd. They knew that men could not be made
holy by statute or by the bludgeon Of the police
man. The Police Inquisitors Of New York. and
the pious Pillsbury, are Of different opinion.
The question is whether their edicts or the con-
stitution Of the United States, and the senti-
ments of its founders, ought to have greater
weight in the Empire City.
A reference to the opinions on this subject Of
the founders Of the confederation of the United
States is not out of place at the present moment
The two great intellects Of the Revolution, who
framed the basis Of all our laws, were Madison
and Jefferson, Of Virginia. After the general
peace in 1888, by the unwearied exertions of
these two men in their own State, in opposition
to the endless quibbles chicaneries and vexatious
delays Of lawyers and demi-lawyers, several bills
of Importance were passed. Among them was
the bill for establishing religious freedom. The
principles had, to certain degree, been enacted
before but Jefferson drew it up in
all the latitude of reason and right. II still
met with opposition, but with some mutilati0ns
in the preamble it was finally passed; and a sin
sular proposition proved that its protection of
opinion was meant to be universal. Where the
preamble declares that coercion is departure
from the plan of the Holy Author Of orr re-
ligion, an amendment was proposed by Insert
in q I'll, word "Jesus Christ" 20 that it should
read, "a departure from the plan Of Jesus
Christ, the holy author Of our religion" The
insertion was rejected by great majority, iD
proof that they meant to comprehend in the
mantle of its protection the Jew and the GENTLE
The Christian aud Mshometan, the Hindoo and
ipfdel, Of every denomination.
1t is in this spirit that the constitution Of our
own State is framed, in which it is declared:
"The free exercise and enjoyment Of religious
profession and worship, aeihom Discrimination or
preference, shall forever be allowed in this State
to all mankind"
Of the effect Of the Virginia act on the rublic
! mind in Europe, Jefferson thus writes
The Virginia for religious freedom has been received
with Infinite appreciation In Europe and propagated With
% S the n BY
ted into French and Italian has been sent most Of the
Courts Of Europe and has been best evidence Of the
fseebood OF these reports which stated to be In
cby It s Inserted in the new Encyclopedia, and is ap
rearing in mort OF the publications respecting America To
TACT 1t 10 comfortable to see the standard of reason Al
length erected after many ages, during which the hn
mar mind has been held in vassaiage by kings priests
and nobes and is honorable for TO have produced
the frs. Legislature who had the courage TO declare that
the renson OF man may be trusted with the formation Of
bis own opinions.
What will the people in Europe now say, even
in England and Scotland. when they hear Of the
persecution by the Protestant inquisition of New
York for religious opinions, in despite Of our con-
situations? Well may they laugh at our boasted
civil and religious liberty. To compel the Jew
and the Seventh Day Baptist to observe Sunday is
plainly religious persecution. Suppose Jews
and Seventh Day Baptists were in majority in
this State, and procured the passage of law
compelling the religious observance of Saturday,
would not all other scots regard that as persecu-
ton? Iflawful acts can be prohibited on any
particular day in the week, then they may be
prohibited on some other day Of the week,
and at last on every day Of the week. Who has
made our Legislature judge ia our religious af.
fairs, or by what divine commission does Pillsbury
persecute one set Of citizens for refusing to follow
the religious opinions and observauces of another
ret Of citizens By the constitution, the opin-
ions Of the Jew and the Seventh Day Baptist are as
much entitled to protection as those Of any other
religious Sect for the charter of religious liberty
is to call mankind, without discrimination or pre-
ference" Toprohibit them, therefore, the exer.
else ola lawful calling, such as the sale Of liquor
on Sunday, is clearly violation of their rights,
and an unconstitutional act. If it Is lawful for
them to sell liquor on the other six days. to pre-.
vent their selling 1t on Sunday is making "dis.
elimination" against them and giving "prefe.
renee" to other sects
The Legislature would just have as much right
to make laws regulating what kind of food men
should eat, what clothes they should wear, what
sort and amount Of furniture they should have
in their houses. And if they have the power to
make laws to enforce religious observance of
Sunday, they have the power to enforce every
Christian precept under the same sanction, and
to punish every sin, every beach of the Ten
Commandments If the principle is right in one
case it is right in all.
The short way to end all disputes on this sub.
ject is to appeal to the courts against the out
RACES Of the Police Commissioners, under the
cover of law. IF the last court of resort-the
Court of Appeals-ahould decide against the
rights of our citizens, they know what to do at
the ballot box They ought to decide the
question for themselves by test question to
every candidate for office at the next elections,
and have declaratory religious liberty bill
nnacted renealinr all Sunday lnu,s On Tho all.,tA