Southern standard. (McMinnville, Tenn.) 1879-current, 1884-05-03

ognized as constituting part of the
common law; its institutions are enti-
tied to profound respect, and may we'll
be protected by law. The Sabbath,
properly called the Lords Day. is
among the first and most sacred insti.
buttons of Christianity, and the act for
the punishment of Sabbath breaking is
not in derogation of the liberty ofcon-
science secured to the citizen by the
third section of the Declaration of
Rights
x x Il
ga statute or municipal ordinance
prohibiting the sale of goods by mer-
chants on Sunday, in its application to
religious Jews, who believe that it is
their religious duty to abstain from
work on Saturday, and to work on all
the other six days of the week. is not
violative of the third section of the
first article of the State Constitution,
which declares that mo person shall,
upon any pretense whatever, be hurt,
molested, or restrained of his religious
sentiments or persuasions.' The court
in this case say, that the legislation on
the subject of abstaining from worldly
employment on the first day of the
week is referred to the police power of
the Legislature 1t has its sanction in
the teachings Of experience, that the
general welfare and the good of society
require suspension of labor and bust
ness for one day in seven, and that day
should be one of uniform observance.
The exercise of the power to enforce
this theory of the public good would
not infringe the constitution, whether
the designated day should be the Chris.
tan or the Jewish Sabbath.
X X X X
The foregoing are some of the cases
to be found in the reports of the South
ern States, and they are in this respect,
the views of Southern judges, in no
manner influenced by sectarian or pu-
ritanical ideas. The same current of
authority runs through the cases to be
found in the legal reports of the East
ern, Western and Middle States.
In New York the same doctrine has
been sustained by the courts. Speak
ing of a Sunday law in the case of
Lindenmuller V. The People, 80 Barb.
54S, the court say "But as civil
and political institution, the establish>
ment and regulation of Sabbath is
within the civil government. x
1t is law of our nature that one day
in seven must be observed as a day of
relaxation and refreshment, if not for
public worship. Experience has shown
that the observance of one day in seven
as day of rest, is of admirable SER
vice to a State considered merely as a
civil institution. x x The stability
of government, the welfare of the sub.
iect, and the interest of society have
made it necessary that day of rest
observed by the people of nation
should be uniform, and that its observ-
ance should be to some extent compul>
sorry, not by way of enforcing the con-
science of those upon whom the law
operates, but by way of protection to
those who desire and are entitled to
the day. The necessity and value of
the Sabbath is acknowledged by those
not protesting christianity. x AS
civil institution, the selection of a
day is at the option of the Legislature,
but for Christian people it is highly
fit and proper that the day observed
should be that which is retarded as the
Christian Sabbath"
The foregoing citations of authori.
ties are sufficient to show very clearly
that Sunday laws have received the
sanction and support of many of the
highest courts of the Union; and so
far as my examination has gone, the
current of authority upon the subject
is almost undisturbed by any conflict
ing decision.
my views are fully in accord with
those expressed by other judges, and
regarding the matter from purely Sec
ular standpoint, the law is a salutary
and proper one. 1t imposes no re-