Year: 1875

the moral and the civil law, and in strict


obedience to both, this day is best OBJ
served.


1t may be asked, why Sunday, in con-
! tradistinction from any other day in the
week, was selected and set apart as day
| of rest by the civil law? In nation
! like ours, under a republican form Of
| government, the civil law should rest on
the wishes of the people who make it,


and should be but the echo of their will,
| save only that the great inalienable rights


of man are not infringed on or invaded.
! Perhaps it is enough to say that a large


majority of the people preferred this day;
! Q) on account of their previous training
and religious prejudices; (2) because
! they would in any event keep this day,
| thus rendering its observance much more
| probable than that of any other day (S)
because the selection of any other day
would have left but five days in the week
| for common labor instead of six. Many
men observe Sunday from sense of re-
ligious duty; some because the civil law
requires it others because it is the gen
eral custom of the land others because
they deem it best for their own welfare
and that of society; others because of
the shame and odium which attaches to
Sabbath breakers. Again, very large
proportion of the religious community
keep their Sabbath on this day. large
class have no preference for any one day
over any other, and therefore they are
not prejudiced by the selection of this
day. Then comes small remnant whose
religious faith requires them TO observe
some other day, and which if for that
reason they do conscientiously observe
and keep as their Sabbath, they are in
some cases excused from keeping Sun
day; so that very few, if any, remain,
who do not to some extent, yield it some
sort of observance, and regard it in some
way as different from other days. The
civil law seeks to set apart that day
which will be most acceptable to the
greatest number, and to this end, has
named Sunday as the legal day of rest.
The civil law therefore has not selected
this day in order to please God, but in
order to please the people; not because
God commands it, but because the people
desired it.


If we assume that all our civil law
makers were Christians, then the setting
apart of Sunday as day of rest is obvi-
Gus. But suppose for the sake of the ar
gument, that none of them were Chris
tians, but that all of them were even
enemies to the Christian religion, the
question arises, would they nevertheless
not have fixed upon and set apart the
same day; not for the purpose of favor
ing Christians or according to them any
peculiar right, favor Or privilege; nay
had their object been to discriminate to
the disadvantage of Christians, would
they not have argued in this way 1.-The
welfare of society requires it to observe
one day in seven as day of rest. By
custom, habit, long established usage,
and common consent, Sunday has long
been kept as a day of rest, and always
will be. Why set apart another or addi-
tional day Why in our antipathy to
Christians who voluntarily observe this
day, should we oppress, not only them,
but all others, by requiring the observ-
ance of some other day, in fact an addi-
tional day, thus crippling the industries
of the nation by leaving but five days in
the week for labor instead of six By
the force of public opinion, we are COM
PEELED to prefer this day Nor do 1
believe that any other day could have
been selected. The people would not
have submitted to it or endured it. The
unwritten law of the Nation in that be-
half is stronger and more potent than
all there is in the statutes or the constf-
tutions. From these considerations it
follows, that the selection of any other
day, would have been not only great
mistake, but great wrong. and hence it
is obvious why this day was chosen in
preference to any other.


In the selection of Sunday as day of
rest, the civil law has not respected the
rights of Christians above those of other
men; it has equally and impartially re-
spected the rights of all. If by this Sc
lection, the Christian incidentally, or as
a result derives any advantage over 9TH
ers, it is because his day of rest is legal
lied, or made legal day of rest; not be-
cause it was his Sabbath, but because a
large majority of the people preferred it;
although it may we'll be said that they
preferred it because it was the Christian
Sabbath, and because they were Chris
tian people. 1t cannot be denied how
ever that the civil law to some extent at
least, incidentally, and in its results, does
concede somewhat to the Christian re-
ligion, in setting apart Sunday as day
of rest Whenever the lst day of Janu-
airy or the 4th of July comes on Sunday,
so scrupulously is this day regarded by
by the civil law, that the holiday exer-
ceses are always set either for the pre-
ceding or the succeeding day. So when
promissory notes or bills of exchange fall
due on Sunday the civil law discrimi-
mates between this day and other days.
While under the civil law, the Christian,
the Jew, and the Mohammedan may
each have his particular, separate. and
distinctive Sabbath day, that day alone
on which the Christian Sabbath falls, has
been established and sanctioned by the
civil law as day of rest. This much at
least, the civil law incidentally comedies
to Christianity. To this extent, her Sab
bath is recognized by the civil law in
preference to that of others, and if not
for the reason that this day is the Chris
tian Sabbath, the result is the same as if
such had been the motive that prompted
the selection of that day.


Our national constitution provides that
Congress shall make no law respecting
an establishment of religion, or prohibit
ing the free exercise thereof" Under
this provision, "the free exercise and en-
joyment of religious worship. is an abso,
lutte, individual right recognized by the
constitution, and secured by the civil
law" The civil law seeks to control no
man in his religious views, or in his re-
ligious worship, it requires no religious
worship of any man. By the civil law,
no form of religion is prescribed or inn
posed, established or supported, denied
or prevented; but all men are equally
and impartially protected in any and
every kind of religious worship in which
they may choose to engage, that is not
detrimental to man, or to society, or in
violation of the rights of others. Our
English ancestors were a Christian peo-
pie, and while we have borrowed largely
from the common law of the mother
country, and while Christianity is q part
of her common law, it is not, nor is any
other system of religion, any part of the
! =. l.. rkl- StA