The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-15

against the State, for contracts made
on that day are binding. 1t has often
been so ruled in this State, and after
elaborate argument and time to ad-
wise. Covingt0n v Threadgill So N.
- 1sY' is obiter merely, and Walters
" Railroad, 10S n. c.. $40,
IS construction of section 1892,
Gen. st. South Carolina. 1882, which
is a part of the statute 20 Car. ii,
which has been omitted In our statute.
Counsel for defendant contend that
christianity is part of the law of
the land, and hence, independent of
any statute, the contract is invalid. If
the observance of Sunday were COM
manded by statute as an act of reli-
gion or worship, such statute would
be absolutely forbidden. The founder
Of the Christian religion said that his
kingdom was not of this world" and
under our Constitutions, both State
and Federal, no act can be required
or forbidden by statute because such
act may be in accordance with or
against the religious views of any
one. The first. amendment to the
Federal Constitution provides, "Con-
greSs shall make no law respecting
an establishment of religion or pro-
hibiting the free exercise thereof; (;
and the Constitution of this State Car
ticle i, ,. 25) reads: "All men have
a natural and unalienable right to
worship Almighty God according to
the dictates of their own consciences
an. no human authority should in any
case whatever control or interfere with
the right of conscience If, there
fore, the cessation of labor or the
prohibition or performance of any act
were provided by statute for religious
reasons, the statute could not be
fists, and some others, q we'll as the
Hebrews, keep Saturday, and the Mo
hommedans observe Friday. To com
pei them or any one else to observe
Sunday for religious reasons would
be contrary to our fundamental law.
The only ground upon which Sun
day laws" can be sustained is that, in
pursuance of the police power, the
State can and ought to require ces-
sation of labor upon specified days to
protect the masses from being worn
out hy incessant and unremitting toll.
If such days happen to be those upon
which the larger part of the people
observe a cessation of toll for reli-
gious reasons, it is not an objection,
but q convenience. Yet such statute
cannot be construed beyond it's terms
so as to make the signing of a con-
tract OH Sunday invalid when the
words prohibit only labor, business,
or work of ones ordinary calling. 1t
is Incorrect TO say that Christianity is
a part of the common law of the land
however it may be in England, where
there is union of church and state,
which is forbidden here. The beau
tiful and divine preceptS of the Ma
Zarene do influence the conduct of our
people 1n1 in iividnals. and are @elt
in legislS tion and in every department
of activity. They profoundly impress
and shape our civilization But it is
by this influence that it acts, and
not because it is a part of the organic
law, which expressly denies religion
any place in the supervision or con-
troll Of secular affairs AS a contem-
porary construction of the Federal
it may be we'll to recall
that one of the first treaties of peace
made by the United States-that with
was sent to the Senate
with the signature of George Wash
ingJon, who had been president os the
which adopted the United
States Constitution, began with these
words, LAS the government of the
United States is not in any sense
on The Christian religion"
This treaty was ratified by the Senate.
If 1t was presumption in UZza to put
forth his hand to stay the tottering ark
of God at the threshing floor of Chi
don. ii is equally forbidden under
our severance of church and state for
the civil power to enforce cessation of
work upon the Lords Day in main
tenance of any religious views i'm re-
gard to its proper observance. That
must be left to the conscienccs of men
as they are severally influenced by
their religious instruction. Churches
differ widely, as is we'll known, on
this subject; the views of Roman
Catholics and Presbyterians, for in
being divergent, and the views
Of other churches differing from
both. Even if Christianity could be
deemed the basis of our government, !
in the New Testament /and there we
shall look in vain for any requirement
to observe Sunday, or, indeed, any
day. The Masters references to the
sabbath were not in support, but i'm
derogation of tho extreme obSerV-
ance of the Mosaic day of rest in
dulSed in by the Pharisees. The Old
testament commanded the observance
Of the Sabbath, but that was an in |
junction laid upon the Hebrews, and |
t designated Saturday, not Sunday, as
the day of rest, prescribing thor
ouShness of abstention from labor
pie to whom the command was given.
Sunday was first adopted by Chris
tlans in lieu of Saturday long years
after Christ in commemoration of
he Resurrection. The first sunday
aW was enacte,t4 in ,he yer 33l af-
ter Christ soon after the Emperor
had abjured paganism,
and apparently for a different reason
than the Christian observance of the
lay. 1t is as follows: Let all judges
and city people and all tradesmen rest
upon the venerable day of the Sun.
But let those dwelling in the country
freely and with fun liberty attend to
The culture of their fields since it fire.
luently happens that no other day is
SO fit for the sowing of grain or the
of vines; hence the favorable
time should not be allowed TO pass.
lest the provisions of heaven be lost.
Code just. lib. 3. tit. II. Lex. 3. iSvi-
IDENTIFY Constantine was still something
or heather. AS late as the year 409
two rescripts of the Emperors Hon
orlus and TheodosiuS indicate that
christians then still generally, observ
ed the Sabbath Saturday not Sun
day). The curious may find these set
out IN full in Code Just. lib. l. IT, 8,
Lex, IL. Not till near the end of the
nlnth century was Sunday substituted
Dy law for Saturday as the day of rest