The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-06-10
Civil Basis Of Sunday Lsws.

EXTRACT Fson rnx DECIsIoS OF THE
SUrBEME CoUkr, FEBRUARY TKRN, I86l.-
10 the case OF GUsrAv LISDksMULLEs, Plain
liff 10 Error, vs.. THE PEorLE, Defendants in
Eror, convicted under the Act Of April, 1862,
OF giving drama ic representations on Sunday.
As q civil and Political iostituron, the sstsb.
llshuent and regulation OF Q Sabbath is within
tho Just power Of the civil goyernmn mt. Older
Than our govsmmsnt, the fram,rs Of the
Constitution old not abolish, alter or wslken
Its sa' ction, but recognized, as they yht
other ~ile have estAblished IL. IL isa law Of
our nature that one day In seven should DO
OBSERVED as time Of rslaxstiou and exp,-
rience proves day Of ws.klyret to bs "ot
admirable service to Q ct ate, con doe cred mere
~ as civil institution" q b. Com. 63 }
Physical laws accord with the dscAlogus. All
interests require national unif formity 10 the
day obssrves, and that its oossrvancss should
bs 30 far compulsory - TO protect those who
desire aud ave entitled TO tSs day.
As . civil institution, the sanction Of the
day 10 at the otd q Of the lszsla ars bat II Is
Il. that the Oh tiAn SabbAth should 10 oh
served by Q Christian people, and II does not
tract from the moral or legal sanction OF .
statute that IL conforms TO the law Vt God, as
recognized by tbs great majority Of the people,
Erisung hare by common law, all that tho
Legislature attempts TO do Is 10 rsgu'aa ita
Observance. The common Law recognizes the
day; contracts, land redemption, etc., matur-
ing on Sunday, must bs psnormsl on Satur-
day or Monday. Judicial acts on the Sabbath
are mostly nlsgal. Work done on Sunday
cannot b recovered for, etc.
As the Sabbath Is older than the govern
ment, and has bean lsgislsted upon by colonial
and early state authorities, II there wore say
doubt about the meaning of the Cons,i.sr
tion securing irssesn In religion, the cotsm-
porsneous and continued acts of the lss,s.
Iaturs under It would bs very good evidences
OF the infant Of its trainers and If the people
who adopted II as thsir fundamental law.
f. Jm 1873 downward, var oss statutes have
bsen In force to proven, Sabbath desc CT rAti0a,
and prohibiting acts upon that day which
would havs been lawful on other days Early
10 the history Of the state government, the
objections made to the act OF 1860 were taken
before the Council of Rsvbi N to an act
which undertook to regulate S.bbath osserv.
ance The CouI Gil ovsuuled the objections
and held them not we'll taken. Tho act now
complained Of comb. 10 no religion, obssrysuc,.
and offences against II are punishable not as sins
sgainst God. but as ipjurious TO societv II
rests upon the same founsat ss a multitude
OF other statutee-such as those against gamb.
ling, lotteries, horse racing. stc,eisVs which
do restrain the citizsps and deprive him Of
some Of his rights but the Legislature have the
right to prohibit acts Injurious 10 the public
subvsrsivs Of the govsrnnent, and which tsnd
70 tho destruction Of The morals Of ,h. people.
and 10 disturb the peace and good order ok
sscisty. Il Is sxcIusiysIy for the Isri,lsturs
TO dstanin what acts shoald be prohi bitsd %
dangerous TO the community. Give every ons
vhst sFs claimed As natural rights, and ths