On the 2d of October, 1799, at New Mills, Burlington County, New
Jersey, a Seventh-day Baptist being indicted before a Justice of the
Peace for working on Sunday, and fined, he appealed. At the trial in
Court, the foregoing letter from General Washington was produced by
the Judge, and read in his charge to the Jury. The result was
acquittal by the Jury.
In the year 1845, the Court of Hamilton County, Ohio, made a similar
decision in a like case, and on similar considerations.
A Committee of the Common Hall of the City of Richmond, Virginia, to
whom was referred the case of certain persecuted Jews, have made a
like decision on the municipal laws of that City, which have been
construed to enforce keeping the first day.
_The Post Office Laws_ are framed in accordance with these provisions
of the Constitution. The Act of March 3d, 1825, section 1st,
authorizes the Postmaster to "provide for the carriage of the mail on
all post roads that are or may be established by law, and as often as
he, having regard to the productiveness thereof, and other
circumstances, shall think proper." Section 17th provides, "that every
Postmaster shall keep an office, in which one or more persons shall
attend on every day on which a mail shall arrive by land or water, as
well as on other days, at such hours as the Postmaster General shall
direct, for the purpose of performing the duties thereof; and it shall
be the duty of the Postmaster, at all reasonable hours, on every day
of the week, to deliver on demand any letter, paper, or packet, to the
person entitled to, or authorized to receive the same." The laws
against labor on the first day, in each State where they exist, are
obliged to except the mail-carriers and the postmasters. But we ask
our fellow-citizens to consider by what show of justice, any local
tribunal can punish a private citizen for doing that on his own
account, which the servants and officers of the United States are
doing at the same time, for the use of the people, and by a law of the
same Government? Suppose a carriage conveying the United States Mail,
should enter the City of Philadelphia on Sunday; and another carriage,
containing goods or wares for the next day's market, should enter at
the same time and by the same route; with what show of justice shall
the driver of the market carriage be put under arrest and fined, and
the driver of the mail carriage go free? Or suppose there should be a
postmaster assorting his letters on the first day, and a
fellow-citizen selling pens, ink, paper, and wafers, to write the same
letters, in another part of the same building; with what show of
justice shall the tradesman be fined and the postmaster go free? The
officers of the United States Government have no national rights above
the humblest citizen. The transgression of law by them is as really a
crime as in the case of any other citizen. Our Government knows
nothing of those kingly rights which set emperors, monarchs, and their
servants, above law.
Public-domain text, read in full here on John Shaqi.
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