Liberty in the Nineteenth CenturyHolland, Frederic May
Philosophy
Liberty in the Nineteenth Century
Holland, Frederic May
Liberty; Social history
Sunday laws and customs differ so widely in our various States, that
they cannot all be wise and just. Rest from labour and business is
secured in Southern California, without State legislation, by the
action of public opinion; and were this to become too weak, it would
be reinforced by the trades-unions. Personal liberty is not necessarily
violated by laws prohibiting disturbance of public worship; but it would
be if anyone were compelled to testify in court, or sit on the jury, or
do any other business elsewhere, on any day set apart for rest by his
conscience and religion. There seems to be little necessity for other
legislation, except under peculiar local circumstances to which town
and city magistrates are better able than members of State and national
legislatures to do justice. The question, what places of business that
have no vicious tendencies ought to be allowed to open on Sunday, might
settle itself, as does the question how early they are to close on other
days of the week. There needs no law to prevent business being done at
night. Stores which could offer nothing that many people need to buy
on Sunday, would have so few customers that the proprietors could ill
afford to open their doors. Where the demand is as great and innocent
as it is for fresh meat and fruit in hot weather, the interest of the
proprietor is no more plain than is the duty of the legislator and
magistrate. People employed in hotels, stables, telegraph offices,
libraries, museums, and parks, can, of course, protect themselves from
overwork, as domestic servants do, by stipulating for holidays and
half-holidays.
Whatever may be the gain to public health from cessation of labour and
business on Sunday, there is no such advantage, but rather injury,
from the prohibition of healthy recreations and amusements, which are
acknowledged to be perfectly innocent on at least six days of the week.
Sunday is by no means so strictly observed, especially in this respect,
on the continent of Europe as in the United States. Sabbatarianism is
peculiarly an American and British institution; and this fact justifies
the position that it is by no means a necessary condition of the
security, or even the welfare, of civilised nations. If our Sunday
laws cannot be proved to be necessary, they must be admitted to be
oppressive. Over-taxation is but a slight grievance compared with the
tyranny of sending men and women to jail for inability or unwillingness
to pay the fines imposed in 1895 by the State of Tennessee for working
on their farms, or in Massachusetts soon after for playing cards in
their own rooms. Further consideration of the question, what amusements
should be permitted on Sunday, will be found in an appendix.
Public-domain text, read in full here on John Shaqi.
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