The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-14


him to trouble and difficulty, not to destruc-
ton.
Sunday Laws Contrary to All Authority,
Human and Divine.
To-day the pious Pillsbury, Pope of the police,
Is to carry out his bull against the lager beer
saloons and other places Of refreshment and re.
sort The law under which he acts is unconsh.
tutional, and therefore null and void. It Il con-
trary to the constitution of the United States,
to the constitution of the State of New York,
AMI to the old common law of England, from
which we have derived our municipal laws In
another column will be found a decision Of Lord
Mansfield on the subject. In this country, also,
there have been decisions showing that the strict
observance of Sunday is not binding, either by
human or Divine law. (See Campbell VS.. the In
ternationa Insurance Company BY reference
to this case and other authorities, 1t is proved
that the British Parliament has met on Sunday,
and that it is not illegal to hold court on Sun
day.
1t was not till about the year 1895 that Sun.
day was placed by the Puritans of England on
the same footing as the Jewish Sabbath, inter-
dieting not only the slightest action of worldly
business, but every sort Of pastime and recrea-
uon-"a system" says Hallam, (which, once pro-
mulgated, soon gained ground, as suiting their
atrabilarious humor." The ancestors of the Puri-
tans of New England having emigrated from
the old country when this spirit prevailed,
their descendants here have propagated
it ever since; whereas the descendants of
the Puritans Of Great Britain have gradual
ly conformed to the epirit of the age and
the dictates of reason and common sense.
The only countries in the world where Sunday
is called "the Sabbath" are New England and
portions of Old England thus showing that it
is altogether local and sectarian institution,
which originated, name and all, with the Puri-
tans; and 1t would be just as rational to initiate
their Withdrawing and their fierce persecution
Catholics, as to adopt in this age their idea of
Sunday, which is formed wholly from the Jews,
and not from the New Testament.
In another column will be found an interesting
and valuable communication, giving an account
of the opinions Of the reformers on the subject
The early Christian writers-called Fathers,
who conversed with the Apostles or lived shortly
after their ime-were OF the same opinion.
Neander, most learned and faithful inquirer
into ecclesiastical history, observes:-"The cele-
bration of Sunday was always like that of every
festval-a human institution" The ablest com.
mentators on the Bible have expressed the same
views. The churches of all Christendom, Pro.
testant and Catholic are opposed to the Puri.
tanich idea Of the Sabbath sought to be en-
forced by Puritan Pope Pillsbury. Reason,
the laws Of nature and common sense are
against the despotism, and it might as
well be attempted to fix by law one or two days
In the week as fast days on which flesh meat
could not be eaten as to coerce even in this free
country to the Observance of Puritanical Sab
bath. Even in the time of that occidental star,
Of the Reformation, Queen Elizabeth, no person
could eat meat on Wednesdays, Fridays or Sat.
urdays, or during Lent, under penalty of fifteen
dollars or three months Imprisonment. So the
reader will find by consulting Chapter VII. of
Hallam's Constitutional History.
James l., to whom Professionals speaking the
English language are indebted for the translation
OF the Bible, In universal use among them, pub
haned declaration to be read in churches, per-
hitting all lawful recreations on Sunday after
divine service-such as dancing, archery, May
games, morrice dances, and other usual sports
The cynical Puritans, as might be expected.
were dreadfully exasperated at this change. and
in the reign of that weak monarch Charles I. the
Puritan Parliament extorted his signature to a
bill Increasing the severity of the Sabbath, but
still permitting the people to enjoy lawful
sports and pastimes within their own parishes
Pious Pillsbury is worse than bis Roundhead an
cestors in the reign of Charles l. He will not
allow New York citizens to enjoy lawful refresh
ment and recreation in their own wards
The constitution of the United States
expressly declares that no law shall
be made in reference to religion: and
many years ago, when petitions we're pre-
sented to Congress from New England against
the Sunday mails, any legislation on the subject
was regarded and pronounced by the ablest
statesmen Of the day as contrary to the princi-
pies OF constitutional freedom. The constitution
OF the State of New York declares" The free
exercise and enjoyment of religious profession
and worship without discrimination or prefe-
renee, shall forever be allowed in this State to
all mankind" That provision is utterly incon-
eistent with all laws which prevent the Jew from
following his calling on Sunday, whether it be
the selling of beer or broadcloth. His own reli-
gion .compels him to observe Saturday; but if
any law compels him to observe Sunday, after
the Puritanical fashion, he is deprived of one
days business in consequence of his religion, and
the law is therefore in conflict with the consti.
tuition, which says there shall be no discrimi-
nation or preference" Pious Pillsbury there
iore, and the Police Inquisitor,, had better be
careful how they violate the constitution of the
State Of New York. There is ample remedy