Another important example of illegitimate interference with the rightful
liberty of the individual, not simply threatened, but long since carried
into triumphant effect, is Sabbatarian legislation. Without doubt,
abstinence on one day in the week, so far as the exigencies of life
permit, from the usual daily occupation, though in no respect
religiously binding on any except Jews, is a highly beneficial custom.
And inasmuch as this custom cannot be observed without a general consent
to that effect among the industrious classes, therefore, in so far as
some persons by working may impose the same necessity on others, it may
be allowable and right that the law should guarantee to each, the
observance by others of the custom, by suspending the greater operations
of industry on a particular day. But this justification, grounded on the
direct interest which others have in each individual's observance of
the practice, does not apply to the self-chosen occupations in which a
person may think fit to employ his leisure; nor does it hold good, in
the smallest degree, for legal restrictions on amusements. It is true
that the amusement of some is the day's work of others; but the
pleasure, not to say the useful recreation, of many, is worth the labour
of a few, provided the occupation is freely chosen, and can be freely
resigned. The operatives are perfectly right in thinking that if all
worked on Sunday, seven days' work would have to be given for six days'
wages: but so long as the great mass of employments are suspended, the
small number who for the enjoyment of others must still work, obtain a
proportional increase of earnings; and they are not obliged to follow
those occupations, if they prefer leisure to emolument. If a further
remedy is sought, it might be found in the establishment by custom of a
holiday on some other day of the week for those particular classes of
persons. The only ground, therefore, on which restrictions on Sunday
amusements can be defended, must be that they are religiously wrong; a
motive of legislation which never can be too earnestly protested
against. "Deorum injuriae Diis curae." It remains to be proved that
society or any of its officers holds a commission from on high to
avenge any supposed offence to Omnipotence, which is not also a wrong to
our fellow-creatures. The notion that it is one man's duty that another
should be religious, was the foundation of all the religious
persecutions ever perpetrated, and if admitted, would fully justify
them. Though the feeling which breaks out in the repeated attempts to
stop railway travelling on Sunday, in the resistance to the opening of
Museums, and the like, has not the cruelty of the old persecutors, the
state of mind indicated by it is fundamentally the same. It is a
determination not to tolerate others in doing what is permitted by their
religion, because it is not permitted by the persecutor's religion. It
Public-domain text, read in full here on John Shaqi.
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