In view of these sections of the fundamental law of the nation, what
can be more palpably unconstitutional than those State statutes which
are so framed as to declare and establish the first day of the week as
"the Christian Sabbath," or holy day. The State statutes which subject
any citizen to fine or imprisonment for labor, or any legal
transaction, on the first day of the week, as far as their influence
extends, make void God's everlasting law, and subject the
conscientious servant thereof to punishment for a strict conformity to
it. The State statutes violate the Constitution of the United States
in two respects. 1st. They violate that part of the Constitution which
forbids the enactment of any "law respecting an establishment of
religion;" because by them the religious observance of the first day
is made a State establishment of religion as really and arbitrarily as
the law of Constantine made it a part of the religion of the Roman
Empire. 2d. They violate that part of the Constitution which forbids
the making of any law "prohibiting the free exercise" of religion;
because, by forbidding labor on the first day of the week, they
prohibit a strict conformity to the law of God which says, "Six days
shalt thou labor and do all thy work, but the seventh day is the
Sabbath of the Lord thy God." With this view of the subject, we submit
it to the common-sense of candid men to say, if every judicial officer
who convicts or passes sentence upon his fellow-citizens for
disobeying these arbitrary statutes on a charge of Sabbath-breaking,
is not a perjured man. He swears or affirms to "support the
Constitution of the United States, any thing in the Constitution or
laws of any State to the contrary notwithstanding;" yet he administers
a law which establishes a sectarian article of religion, and punishes
conscientious men for a free exercise of their own religious opinions,
and for doing what they esteem to be their duty to God.
Public-domain text, read in full here on John Shaqi.
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