New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-13
THE BLUE LAWS" MYTH.
Canon Chase AGduces Authorities on
Old Connecticut Code.

To The Editor Of The Tribune.
Sir: He would be !, brave clergyman VINO
would endeavor TO instruct Mayor Gaynor
upon the subject of law. But even an ex-
judge and Eonored Mayor may be deceived
upon the question of evidence. and before
j accept as true the statement That there
ever were ridiculous blue laws In Connect
cut | would like to know the evidence upon
which he believes II. | write therefore, 70
ask If you know what are the tile. the
editor and the date OF the little book from
which your paper OF to-day says Mayor
Gaynor quoted last night before the alumni
of New York University Law School ana
III tho presence or the Governor and the
justices Of the Supreme Court of Connect
| cut. 1t is possible that Mayor Gaynor has
been putting too much confidence In his
little book. which may become the dead
fly in the ointment OF his honoV's views
concerning Sunday.
My reason for asking for this is that so
far as I have been able TO ascertain. there
never were in Connecticut any such bIus
laws has been commonly supposed
1t may be that l am mistaken but Hor-
ace scudder. Pn page 1t6 in his History OF
Connecticut" refers 10 such laws as the
blue law myth
I sure Mayor Cfaynor did not mean
TO reflect upon Connecticut as being more
severe in the punishment of trifirg crimes
than other countries, for Connecticut could
not thus be Justly accused. On March ?,
1914 Mack.ntosh, speaking before the Brit
ish House of Commons. said: II hold IN
my hand q list OF those offences which at
this moment ere capital punishable with
DEATH, III nunlber rs One hundred and
fifty years before that time the offences
punishable with death In New Haven and
Connecticut had heen reduced TO fifteen.
little volume containing the code of 1850
was published In Hartford In 1872. with ar
| appendix OF twelve pages. In duodecino,
entitled New Haven Antiquities, or Blue
Laws" But there is nothing il this that
is of d Tancifui or rigorous nature.
Palfrey's History OF New England"
Vol. H. page SO, says: The existence At
any time OF code containing provisions
(blue iaws> such quoted above Is
& mere fabrication. nor is there any record
Of so much as single judgments pronounced
agreeably to the tenor of those provisions"
The existence OF such code has been be-
lieved upon the authority OF Ioyalist and
refugee, who is known 20 have been ut
terly unreliable. who published his book
In London in l7S1. Trunbuli. conscien-
tiously exact historian. Of Connecticut. whc
lived IN the same town with Peters and
went to college with him. said OF Peters
that. 'of ali men with whom he was &C
auainted. DR.. Peters was the least 20 be
depended upon as to any matter OF fact
The trustworthiness OF DR.. Peters may be
Judged from his description OF a scene on
the Connecticut River; There water IS
consolidated without frost by swtftness te-
tween the piuching. sturdy rocks to such
degree OF induratior that no crow can
EraI ~
have one common weight Gage 127 OF
General History OF Connecticut by 8. A.
Peters, edited by S. J. Mccormick in 1910.
The earliest code in Connecticut related
only TO capital offences. and was practi-
caly the same as in Massachusetts. which
was adopted a year earlier. During this
time the courts made their decisions in ac-
cordance with rules of equity and Script
ure
The fundamental agreement Original
Constitutions of the Colony of New Haven"
adopted on June (, 1888, contained q pro
vision which held that the Scriptures DO
hold forth q perfect rule for the direction
and government of all men, and that the
Word of God shall be the only rule at
tended unto in ordering the affairs of the
government The first constitution of
Connecticut was adopted by a General AS
sembly OF the planters OF the three towns
Of Hartford, Wethersield and Windsor al
Hartford January {. 1888. The oath of
Office of the Governor magistrate was
that he would further the rule of Justice
according to the rule of Gods Word.
The fundamental orders of Connecticut
Of 1914 mad this provision: The judicial
laws of Cicd, as they We're delivered by
Moses. aud as they are q fence 10 moral
Law. being neither typical nor ceremonial
nor having any reference TO Canaan shall
BE- accounted OF moral equity, and shall
generally bind al, Offenders and be a rule
10 all courts In this jurisdiction IN their
proceedings against offenders I'll. they shall
be banished out into particulars hereafter
]. Hammond TrumbuIl in 1876 published
q book entitled The True Blue Law OF
Hartford and Connecticut and False Blue
Laws Invented by Samuel Peters" which
one should read before he puts credence
in the blue law myth"
There seems 10 me. SO far as I have been
able to learn, nothing in the early history
of Connection, 70 justify the rdicuia which
has quite commonly been hurled against
the blue laws.
II is possible that some individual Judges
IN carly Connecticut made ridiculous and
bad decisions, hut even our own city and
our own time have not wholly escaped
from that calamity.
The wicked conspiracy of srafters to-day
in New York to avoid the enforcement 81
the laws designed to protect each citizen
in his right 10 one day o. resi- from labor
and business In every week ought 70 sober
us = little when we are inclined to laugh
at early Connecticut
WILLIAM SHEAFE CHASE
Rrookiyn. March H. 1910