The Congressional Committee on Post Offices and Post Roads, to whom
were referred certain memorials for prohibiting the transportation of
mails and the opening of post offices on Sunday, in the 43d session of
Congress, A. D. 1830, reported unfavorably to the prayer of the
memorialists. Their report was adopted and printed by order of the
Senate of the United States, and the Committee was discharged from the
farther consideration of the subject. That Committee take the same
view of the intent of the Constitution as did General Washington. They
say:--
"We look in vain to that instrument for authority to say whether
first day, or seventh day, or whether any day, has been made holy by
the Almighty." ... "The Constitution regards the conscience of the
Jew as sacred as that of the Christian; and gives no more authority
to adopt a measure affecting the conscience of a solitary individual,
than that of a whole community. That representative who would violate
this principle, would lose his delegated character, and forfeit the
confidence of his constituents. If Congress should declare the first
day of the week holy, it would not convince the Jew nor the
Sabbatarian. It would dissatisfy both, and consequently convert
neither." ... "If a solemn act of legislation shall in one point
define the law of God, or point out to the citizen one religious
duty, it may with equal propriety define every part of revelation,
and enforce every religious obligation, even to the forms and
ceremonies of worship, the endowments of the church, and the support
of the clergy." ... "The framers of the Constitution recognized the
eternal principle, that man's relation to his God is above human
legislation, and his rights of conscience inalienable. Reasoning was
not necessary to establish this truth; we are conscious of it in our
own bosoms. It is this consciousness which, in defiance of human
laws, has sustained so many martyrs in tortures and flames. They felt
that their duty to God was superior to human enactments, and that man
could exercise no authority over their consciences. It is an inborn
principle, which nothing can eradicate." ... "It is also a fact, that
counter memorials, equally respectable, oppose the interference of
Congress, on the ground that it would be legislating upon a religious
subject, and therefore unconstitutional."
Impartial Judiciaries have taken the same view of these provisions of
the Constitution, and have declared the laws enforcing the observance
of the first day of the week unconstitutional, as may be seen in Judge
Herttell's book, "The Rights of the People Reclaimed;" also in "An
Essay on Constitutional Reform, by Hiram P. Hastings, Counselor at
Law."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account