The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1874-07-29
The Herds Day I'm n Lam OF tse
pilgrims

SpurTeU Els uOlcS 1SASDS eHS 49,
the meeting house, thereby disturb
ing the singing Of the seventy-second
psalm. The deacons emerged from
the sanctuary and captured the sacri-
ligious disturber Of the congregation;
and on Monday morning they prose
i. cuted him before a magistrate for "
olating the Lords day. The point
at issue was whether the prisoner
was travelling "from necessity, and
the highest tribunal Of the Common
wealth finally adjudged that if be
merely rode post-haste on the public
business. without blowing his horn,
the deacons we're wrong; bat If he
blew his horn while be was riding be
was a disturber Of the peace as well
rs q miserable sinner.
But not 10 explore SO remotely,
there have, in 0ur own day and gen
Grafton, in the same exemplary Com
monwealth Of Massachusetts in
which the deacons pouneed upon tie
postrider. being adjudicaiions hv
the court OF last resort which are
equally droiL In The year Of grace.
tiIiug Two honest old codgcrs were
1854. an unprcductive farm IN The
seaside town Scituate, where sea-
weed has from time immcmorial been
used Tor manure by the country-iolk
James and Gamalicl sampson were
the homely names Of these husband
men. They were pious and prudent
In their prudence they had purchas-
ed a license, FOR which they made
an annual payment, from the owner
ola beach near Scituate harb0r. dis
tant about four miles from their farm
In their piety they attended inject
ing three times every Sunday, be
sides teaching IN the Sunday school
On Saturday, November -, 1864,
there was a storm which threw upon
the beach a large quantity OF sea-
weed. On Sunday evening, Noyem-
Der 2e. James and Gamaliel, when
they left the meeting house, about
balf-past e~ight-o'clock In the evening,
perceived that the tide was coming
In. and that there was q fresh breeze
blowing in such q direction as on
former occasions had caused sea-wced
to Goat away from the beach when
the tide rose, and be wholly lost. After
grave consultation upon this state Of
affairs, they procured a pitchfork, an
ox-cart and a yoke Of oxen, and pro-
ceedcd Herewith to the beach, where
they arrived at ten O'Clock. There
was no house near, and the highway
was at q considerable distance.
But even if the neighborhood bad
been populous, all the rest Of the good
people of Scituate, according TO The
usage Of half a dozen generations,
were abed and asleep by half past
nine. Arrived at the shore, James
pitched the seaweed into the cart,
and Gamaliel goaded the X c into
drawing it to the top Of the beach,
where they tipped out the load /,
above the possible reach Of the tide,
and then thew went home and to bed, .
rested from their labOrs. But their T.
works followed them. Early the
next morning the town Of Scituate :
was apprised of this breach Of law and :
morals by other less prudent farmers, :
whose seaweed had been aOated far :
away A public prosecution was
forthwith instituted against James /
and Gamaliel for a violation Of the !
Lords day, and these two fragrant .
criminals, upon proof Of the foregoing !
facts, were tried and convicted. |
Like the hasty post-rider, they were !
not content with the decision Of any ,
tribunal short Of the final court Of ap- I
peal, which in the yeaI Of grace 1867 !
rendered its decision by the mouth Of .
a witty judge, who soon afterwards =,
became Attorney General Of the :
United States, and whose own quick
sense Of humor must have occasion
ally ~contrasted the occupations Of
Sunday in Washington with those Of
Sunday in Scituate. The decision
was that taking the seaweed was
not a work Of necessity within the
meaning of the law" But the judge
added-perhaps as a suggestion to !
and Gamaliel for future con- /,
tingencies: "How it would be If a
whale happened to be stranded on the !
shore we need not determine" I
The same court, in the same year i,
Of grace, drew a fine distinction be- !
tween the animal kingdom and the !
vegetable kingdom under the Sunday !
law. Works "of charity" as well as :
of necessity" are permissible by toe :
1t has sometimes been at !
to gain the decision Of the !
six learned Judges Of last resort in :
Massachusetts, whether the work OF :
shaving, executed by a barber upon q
.ustomer upon the Lords day, was :
indeed charitable when performed :
With q dull razor. But we believe :
hat this important question remains :
undetermined. "To save life. or !
prevent or relieve suffering, and this =
; the case of animals as well as
men," has, however. been pronounced /"
o be charitable by the same learned J..
Judge whom We have quoted above. =
let the grave tribunal Of which he =,
vas a member, almost at the same y
ime, sclemnly adiudged that hoeing 7
'otatoes at s O'Clock on a SUNDAY
morning, which otherwise would have p
yilted and died in the beat Of noon \,
.aY, was neither necessary or chari- :.
able, and by consequence was unlaw-
and subjected to punishment an !
shoemaker who was guilty y
{ the act in the year of grace 1866. !.
The statute book Of the Common q
Of Massachusetts Furnishes 81
everely not only whoever practices h,
game, sport, play or public di- q,
%ersioa, except a concert Of sacred b;
upon the evening Of the T..
lord's day, but also whoever is "a
resent" Willingly or unwittingly, at ~,
such profane exercise and, not n
ontent with this, it applies the same So
enalties to "tbe evening next pre- T
the Lords dav," unless the to
INVERSION shall have been duly licens-
d by the public authorities. 1t has
cen suggested that, under these pro-
any reverned magistrate of