The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-06-05

Ths First Issue with sAssuaday Law.
The 6rst case of Indictment for violstoC Of
the Sunday Law "a set down for trial before the
City Judge on Friday next This case is invest
co with peculiar importance, for II is the first
Ome ~ which the consdtutionality Of that law,
ana toe right of the Legislature to enact it, viii
% falr'y brought to an issue. 1t must DO de-
cioed whether the Legislature has any sutho-
rity under the constitution, which guarantees
religious liberty in the broadcast sense to every
citizen, to make any law regulating meas &C.
lions with regard to purely religious instits-
ton like the Sabbath; or il must be decided 4
whether tho Sabbath Is civil or religious in
sttution a. II Il known and recognized in tiis
country.
There is nothing in the constitution compel
ing citizens to observe the arst day Of the week,
or the last day in any particular fashion; and a.
regards the sacredness of tho Sabbath, II ID very
well known that different sects in the comma
nifty view that point IN various lights, and have
different opinions even - to the precise day
In the week which should be cot apart for Oh
servance in any shape. For example, the Jewx
and the Seventh Day Baptisb hold thatSAturday,
the seventh day, Is properly the Sabbath, and
they 90 observe it, according to the practices Il
their several religions. Again, the Catholics,
many sects among the Germans, and other
religious communities, do not regard the o6ser-
vance of Sunday from the exclusive Puritan
point of view. In fact those who do form blu.
small portion of our metropolitan community;
but while this portion, be 1t great
or small, has perfect right to
observe the Sabbath in it's own way, it has
no right to compel others to adopt Its opinions
or to act in accordance with them. Can the
Legislature compel the Jews to close their stores
on Sunday, or can it compel people Of any per-
suasion to deeist from manual labor on that
day. 1t certainly can never accomplish either;
neither, we opine, can it prevent the sale Of
lager beer, or confectionery, or the perform.
ance of concert at the Academy Of Music or
elsewhere on Sunday. 1t is true that everything
in the shape of nuisance or violation of tho
peace can be prevented by indictment, because
these are crimes under the common law, or are
made such by statute; but the question is whether
any Legislature has right to make that oct
crime on the first day of the week which Is
WITHIN the law on any other day, simply be-
cause, In the opinion of some people, that day
has been constituted q religious festival.
We should like to know in what clsuse of
the constitution any authority can be found tor
legislation Of that character. The constitution
Of this State, like the federal constitution, in
hibits al legislative Interference with the free.
dom of relgion; and, looking upon the observ-
ance Of the Sabbath, upon any one day of the
week, a. purely religious matter "a It Is &C.
knowledged to be by all sects, whether Of
Christians, Jews or Mormons, who recognise
Sabbath at ALIVE can hardly perceive where
the power lies to enact Sunday law like the
one ct present in existence.
What says the State constitution on the
question Of religious liberty? Article one,
section three, declares 1.-THE free exercise
and enjoyment Of religious profession and wor-
ship, without discrimination or preference, shsu
forever be allowed in this State to all mankind;
and no person shall be rendered incompetent
be q witness on account of his
opinions on matters of religious belief; but the
liberty Of confidence hereby secured shall not be
70 construed - to excuse acts Of licentioususss,
orjustify practices inconsistent With the peace or
safety Of this State" Is it an act of ncentious-
ness, or practice inconsistent with the peace
or safety Of the State, to vend and drink lager
beer on the first day Of the week, any moro
than on the last, or to perform and listen to
music and cong! If any licentiousness or any
practices calculated to involve breach Of the
peace should sriee, the remedy Is ct hand, If the
police and other authorities do their duty, BY
arrest and Indictment at common law.
There Is no authority, either in the Bible, un-
der the Christian dbpensation, or in the coust.-
tuition, for the observance Of Sabbath at all;
and, as we know many secs differ between
Saturday and Sunday as to which TO observe.
any compulsion exercised In the matter would
be an act Of oppression to one or other Of these
sects, and direct Interference with the ereli-
gious profession" TO which the constitution
guarantees free exercise ito all mankind
The constitutionality Of this Puritan enact
ment Of the last Legislature then-which was
no doubt got up for the purpose OF covering .
multitude of sins-will, we presume, be tested
In our courts for the FIRST time on Friday, and
we consider the solution Of the question mat
ter Of very grave importance
THE CovoDE CoxxrrTrE-Tns ADurvrsrR,-
rrcN AND THE CALIFORNIA LAND FsAuDs.--
While the Covode Committee Is endeavoring
to prove all kinds Of frauds and corruptops