Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-03-25
The Sunday Law Of Vermant-!A Curious
Nis-tatemeut.

"The prevailing theory OF religion has been |
that it could not maintain itself without
State support This idea |
has colored American legislation with refer
cnre to Sunday to the extent that in South |
Carolina and Vermont, TO 90 no further,
attendance upon religious worship on that
day is still compulsory"
As authority for this statement, paper on
Sunday Laws, read before the American Bar
Association ly Henry L. Young, of the
Charleston Bar, is cited in note.
The statement above Is wholly erroneous.
as regards Vermont There is no law
in Vermont making Attendance upon re-
ligious worship compulsory; and there
never has been. On the contrary, the
bili Of rights Of the first constitution oil
Vermont and OF every subsequent constitu-
ton, confirms tie declaration that no man
oHglt 10, or ef right era K compelled 10 attend
arg r.,gi943 ,royAip, or erect or support any
place Of worship, or maintain any minister,
contrary 20 the dictates of his conscience"
This, indeed, would not forbid in enactment
making attendance compulsory Tor those who
had no conscientious scruplcs but 1t Is a
pretty distinct indication that the founders OF
the State did not adopt TIE theory OF state
church and il points away from instead oil
in the direction of a compulsory requirement
of attendance upon religious worship, under
any circumstances. The first Sunday law oil
Vermont, passed in 11.9, contained provl-
sion fuihidling persons Ito keep or stay out
>,l,. If the meeting house during the time oil
public worship there being convenient room
in the house" or to Unnecessarily with
draw themselves from the public worship
tn 20 without doors" But this, AS is plain
from the context. was nothing more than
requirement that persons who went to church
should 20 inside, if there was room for them,
and not disturb the service by hanging about
the doors and outside of the house. This is,
we presume, the nearest approach ever made
to compulsory attendance in this State IL
ceased TO be the law generations ago
The present law forbids public assemblies,
except for social and religious worship and
moral instruction, and all secular labor, rccrca-
ton or employment, or travel, except from
necessity or charity, on Sunday but IL con
tains no requirement except that the frst day
of the week shall be observed as holy day
or day of rest, and this has been stricken
from the revised statutes, now about TO be-
come the law of the commonwealth.
Referring to Mr.. Young paper, we find
that he does not mention any statute of Yer
mont making attendance upon religious wor-
ship compulsory. He does couple Vermont
with South Carolina, as implying by their
laws that the duty lies upon the State to IN
culcatc religion and enforce IFS observance
but why he should 10 So does not very
clearly appear. South Carolina, ii seems, has
statute, cited by Mr.. Young, which orders
all persons "to apply themselves 10 the oh
scrvalion (of Sunday by exercising them
selves thereon in the duties OF pieiy and true
religion, publicly and privately, and, having
no reasonable or lawful excuse, on every
Lords day to resort 10 some meeting or
assembly tolerated and allowed by the laws
of the state" Vermont has no such statute,
or ANYTHING equivalent To it, and never had.
The simple declaration of the founders of
our State, in its Bel of Rights, that every
denomination of Christians ought 10 observe
the Lords day, and keep up some form OF
religious worship comes long way short oil
being statute making attendance upon re-
ligious worship compulsory on the people
of the State The statute Of Vermont,
cited by Mr. Young, forbidding assemblies
on Sunday, except for religious or moral
instruction, and secular labor and travel,
is no more rigid in its provisions than the
Sunday law of Massachusetts. and is not
nearly rs severe in It's penalties. 1t is no
more rigid than the Sunday law of Pcnnsyl-
vania, or than that of Connecticut or Maine,
unless the provisions of these which permit
the Seventh Day Baptists 10 observe Saturday
as their Sunday, are to he counted as re-
Taxation of the statute. 1t differs little from
the New York law, which forbids travelling
except to and from church or by order ofan
olliCci, uuuiihSi haHi"si -"iiNS' anu ''SH'''
labor except by those who observe Saturday
as their Sabbath, and from the laws Of most
Of the older States.
The trainers Of the Constitution Of Yer
mont established no State religion. Guaran-
tecing personal freedom to all within the
borders oil the commonwealth, they also en-
pliasized the rights of conscience. They de
carcd that the citizen might hold his own
religious sentiments and mode of worship
land that no authority can, or ought 10 be
vested in, or assumed 10y any power what
ever, that shall in any case interfere with, or
in any manner control, the rights of con-
science in the free exercise of religious wor
ship" lest this strong declaration be con-
sidcred to he an encouragement 10 license,
they added an explanatory declaration OF
opinion "Nrerthekess every sect or de-
nomination of Christians ought TO observe
the Sabbath or Lords day and keep up some
sort of religious worship, which to them
shall seem most agreeable to the revealed
will Of God" This was not saying that the
State would or could or ought 10 enforce at
tendance on religious services. No statute
Of Vernon. ever undertook 10 do that, and
Mr. Young does the State something less
than justice in placing i. side by side with "A
State which did undertake 10 do that-an ill.,
justice repeated and exaggerated into distinct
misrepresentation by Mr.. Ward in the At
L,yf.. H,yfEly