The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-01-20
THE SABBATH.
Extracts from the Charge Of Hon. j. VI.
Arnold to the Grand Jury of LOWndes
County, October, 1850.

County, October, 1850.
l direct attention in the next place 20
violations of the Sabbath day, commonly
called Sunday-which cSnsit in any mer
/ chant shop keeper or other person, except
I druggists and apOthecaries, keeping open
store, or disposing of, selling or barterng
any goods, wares, merchandise or chattel-
on that day; or in any person fishing in
any way, or hunting with a gun, or with
! dogs on that day; or in any person exhibit
/ ing, acting, representing or performing, or
causing the sa ne to be done, any shows,
games or plays Of any kind, or tricks of
| Juggling or feats Of dexterity, or bear bait
ing or bull batting, or horse racing, or cock
fighting, or any such like shows or exhibit
tions whatever, on that day; or in any
person labOring or compelling others to
labor, at any trade, or business, on that day,
except in the ordinary household offices OF
daily necessity, or other work Of necessity
or charity.
Railroads and steamboats,, are expressly
excepted from the operations of the Sunday
statutes. Druggists and apothecaries are
also expressly excepted, not | take it, for
the purpose of carrying on a general or
prOmiscuous business on that day, but
merely to deal in drugs aud medicines, or
articles of that nature and use.
gard to keeping open store, it has been held
in Massachusetts, is violated, though the
door of the store be not actually left open,
if the occupant his agent or servant is
within ready to do business, and there is no
obstruction to persons entering.
Com. vs. Harrison, IL Gray, 30S.
And on an indictment for keeping open a
tippling house on the Sabbath, the Supreme
Court OF Illinois held that it is not 4ecessa-
ry that the store be kept open as on week
days. 1t will be within the otfense named
if it is so kept that access may be had
thereto On Sunday, and facilities afforded
for obtaining intoxicating drinks, and it is
not material whether the access be had by
the front or back door, or whether the door
is kept open or is opened only on afpLica
ton for admttance
krOer vs.. State, IS H., 2b1.
Now, gentleman, this is not an extreme
or unreasonable Sunday law. By all means
it should be observed and enforced. 1t is
far less stringent, than laws that once pre-
vailed, and now prevail on this subject in
some of the happiest and most prosperous
sections of our country.
This statute does not attempt to interfere
with the right Of conscience, or to give pre- |
ference to any religion, or to any mode of
worship. 1t does not impede the perform
ance of the common andOrdinary offices and /
duties of domestic life. 1t does not pre-
scribe how the Sabbath shall be spent, far |
Their than that no part of it shall be devoted |
to the acts and doings prohibited by it. |
The rest it leaves to the TASTE the choice |
the conscience of each individual
The statute is plain, and there is but lit
tie room for construction, except IL bo rs 10 !
what is meant by works of necessity or |
charity" The statute is not to be so con-
strued as to make acts criminal which |
plainly it was not meant to prohibit, and,
Of course, a transaction, &c he Indlctable
lnder it, must fall within the genera iILi-
lition, or not be within the exception. But
o violate the statute requires no particular
criminal intent, other than simply TO do the
hing which is prohibited.
, Bish. CIR. l.. 9th, ed. sec. go. / Wharf.
Cr. L. see. SGD.
1t is not easy to determine as a matter
# law what is meant by works of necessity
II charity. Charity, in this connection, it
S said, must include everything which pro
eeds from a sense of moral duty, or a feel
NO of kindness or humanity, and IS intended
wholly for the purpose Cf the relief or COM
Drt of another, and not for ones Own Lene-
it or pleasure.
Waits, Actions and Defenses, Z, 121-122.
According to Chief Justice Parsons, any
FORK or labor which is morally fit and
roper under the circumstances of any
articular case, may be deemed a work of
6cessity or charity.
Com. VS.. Knox, = Mass. 76.
Again, the Supreme court of Massachu-
etts says that it is not easy to give a precise
ule for cases of this kind, some of which :
ONE very near the line. To save life, or
revent or relieve suffering, and this in the
lse of animals as we'll as men; to prepare
eedful food for man and beast; to save ;
roperty as in case of fire, flood or tempest,
r other unusual peril, would unquestion- !
bly, be acts which fall within the exception. :
ut it is no sufficient excuse for work on :
abbath, that it is more convenient or pro- !
table, if then done, than it would be to +
efer or omit it.
Jones VS.. Anderson, 10, Allen, Is. :
1t has been held in other States not TO be +
violation of similar statutes, to marry on 1
ne Sabbath; or to make will on that day {; :
r TO prepare even luxuries for meals on :
lat day; or to repair defect in high :
-ay, discovered on that day, which might ;
pdanger the lives or limbs of travellers; OF :
or domestic servant to drive his employer i
r his family to church on that day; or to
ire horse for the purpose of attending a
uneral on that day; or for the owner of a :
laple sugar orchard to gather or even bail !
is sap on that day, when he could not 9TH
rwise prevent its waste or for the driving
f coach carrying the United States mail,
q pursuance Of contract with the POST
faster General, to handle and carry the I.
1ail on that day.
> Bish Or L., secs. 956-960 Horne VS..
Ieakin, lis, Mass 326.
But on the other hand it has been held to .
e violation of similar statutes, to drive
n omnibus as a public conveyance on the
abbath or for a baker TO bake bread in
be ordinary course of his business on that
ay; or for a barber to shave his customers,
q the ordinary way, on that day or for
ny person to sell cigar, or beer or liquors
n any quantity, on that day; or to clean ,
ut a wheel pit on that day to prevent the
toppage on week day of mills employing
many hands; or for the driver of a coach :
arriving the United States mail, to drive ,
bout town to receive or discharge travel
rs, on that day or to hoe a crop In the ..
eId, suffering for work, on that day or to
ire horse on that day, merely for pleasure; ,
r to make promisory note or other con- !
rset on that day; or to swap horses on that
ay and all contracts made on that day are
old and cannot be enforced by law.
2 Bish. G. l., sec. 953-964. 96S, Com. v.
asselyn, 81 Miss, ALL Hall " Coreman, ,
OF. Ib. 251. Kounty V. Dickinson, 40
Eiss,, BAL, Black v. McMurry, 56. 10. !
y. ,,
And in Indiana, where society or eiq9
{ persons having o treasurer and other /
ffcers met every Sunday, and each person !
a becoming q member paid into the treasu-
' a certain sum and monthly assessments
hereafter 10 form the basis OF fund 70 pay
Expenses. and the treasurer by order OF the
llb, and for the club, on each Saturday