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m. congress. SENATE. Jan. 19, 1829. Mr. Johnson of Kentucky, made the following report: The Committee to whom was referred the several petitions on the subject of mails on the Sab bath, or t he first day of the week, REPORT: That some respite is required from the ordinary vocations ot lite, is an established principle, sanc tioned by the usages of all nations, whether Christian or racran. One these, professing to derive their obligation to observe the fcaubath from the fourth commandment of the Jewish decalogue, and bring the example of the Apostles, who appear to have held their public meetings for worship on the first day in the week, as authority for so far changing the decalogue, as to substitute that day for the sev enth. The Jewish government was a theocracy, which enforced religious observances; and though the committee would hope that no portion of the citizen of . our country could willingly introduce a system of religious coercion in our civil institutions, the example day in seven has also been deter mined upon as the proportion of0f other nations should admonish time; and in conrormiiy wun uie wishes of the great majority of cit izens of this country, the first day of the week, commonly called Sunday, has been set apart to that object. The principle has recei ved the sanction of the national le gislature, so far as to admit a suspension of all public business on that day, except in cases of ab solute necessity, or of great pub- us to watch carefully against its earliest indication. With these different religious views, the committee are of opin ion that Congress can not inter fere. It is not the legitimate pro vince of the legislature to deter mine what religion is true, or what false. Our government is a ci vil, and not a religious institution. Our Constitution recognizes in lie utility. This principle, the 'every person, the right to choose committee wouni noi wish 10 uis-ins own religion, ana to enjoy turb. If kept within its legitimate it freely, without molestation, sphere of action, no injury can re- Whatever may be the religious suit from its observance. It should sentiments of citizens, and howe however, be kept in mind, that ver variant, they are alike entitled the proper object of government J to protection from the government is, to protect all persons in the en- So long as they do not invade the joyment of their religious, as well rights of others, as civil rights, and not to deter-. The transportation of the mail mine for any, whether they shall 0n the first day of the week, it is esteem one day above another, or believed, does not interfere with esteem all days alike holy. the rights of conscience. The pe- We are aware, that a variety of titioners for its discontinuance sentiment, exists among the good appear to be actuated from a re citizens of this nation, on the sub- ligious zeal, which may be com ject of the Sabbath day; and our mendable if confined to its prop government is designed for the er sphere; but they assume a po protection of one, as much as for sition better suited to an ccclesi another. The Jews, who, in this astical than to a civil institution, country are as free as Christians, They appear, in many instances, and entitled to the same protec- to lay it down as an axiom, that tion from the laws, derive their the practice is a violation of the obligation to keep the Sabbath law of God. Should Congress, day from the 4th commandment in their legislative capacity, adopt of their decalogue, and in con- the sentiment, it would establish iormity with that injunction, pay i the principle, that the legislature is a proper tribunal to determine what are the laws of God. It would involve a legislative decis ion in a religious controversy; and on a point in which good citizens may honestly, differ in opinion, without disturbing the peace of society, or endangering its liber ties. If this principle is once in troduced, it will be impossible to define its bounds. Among all the religious persecutions with which almost every page of modern his tory is stained no victim ever suf fered, but for the violation of what government denominated the law of God. To prevent a similar train of evils in this country, the Constitution has wisely withheld from our government the power of defining the Divine Law. It is a right reserved to each citizen, and while he respects the equal rights of others, he cannot be held ame nable to any human tribunal for his conclusions. Extensive religious combina tions, to effect a political object, are, in the opinion of the commit tee, always dangerous. This first effort of the kind, calls for the es tablishment of a principle, which, in the opinion of the committee, would lay the foundation for dan gerous innovations upon the spir- religious homage to the seventh day of the week, which we call Saturdav. One denomination of Christians among us, justly celc "brated for piety, and certainly as good citizens as any other class, agree with the Jews in the moral obligation of the Sabbath, and observe the same day. There are also many Christians among us, who derive not their obligation to observe the Sabbath from the decalogue, but regard the Jewish Sabbath as abrogated. From the examples of the Apostles of Christ, they have chosen the first day of the week, instead of that day set opart in the decalogue, for their religious devotions. These have generally regarded the observance of the day as a devotional exer cise, and would not more readily enforce it upon others, than they would enforce secret prayer or de vout meditations. Urging the fact, that neither their Lord nor his disciples, though often censur ed by their accusers for a violation of the Sabbath, ever enjoined its observance, they regard it as a subject on which every person should be fully pursuaded in his own mind, and not coerce others to act upon his persuasion. Ma ny Christians again differ from! it of the Constitution, and upon the mails one day in seven, would require the employment of special expressed, at great expense, and sometimes with great uncertainty. The commercial, manufactur ing, and agricultural interests of our country are so intimately con nected, as to require a constant and the most expeditious corres pondence betwixt all our sea-ports, and betwixt them and the most interior settlements. The delay of the mails during Sunday, would give occasion to the employment of private expresses, to such aa amount, that probably ten riders would be employed where one mail stage is now running on that day; thus diverting the revenue of lhatdepartment into another chan nel, and sinking the establishment into a state of pusillanimity in compatible with the dignity of the government of which it is a de partment. Passengers in the mail stage, if the mails are not permitted to proceed on Sunday, will be expec ted to spend that day at a tavern upon the road, generally under circumstances not friendly to de votion, and at an expense which many arc but poorly able to en counter. To obviate these diffi culties, many will employ extra carriages for their conveyance, and become the bearers of corres pondence, ns more expeditious than the mail. The stage propri etors will themselves often furnish the travellers with those means of conveyance; so that the effect will ultimately be only to stop the mail, while the vehicle which con veys it will continue, and its pas sengers become the special mes sengers for conveying a consider able proportion of what would o therwise constitute the contents of the mail. Nor can the committee discov er where the system could consis tently end. If the observance of a holyday becomes incorporated in our institutions, shall we not forbid the movement of an army; prohibit an assault in lime of war; and lay an injunction upon our na val officers to lie in the wind while upon the ocean on that day! Con sistency would seem to require it. Nor is it certain that we should stop here. If the principle is once established, that religion, or religious observances, shall be in terwoven with our legislative acts, we must pursue it to its ultimatum We shall, if consistent, provide for the erection of edifices for the worship of the Creator, if we be lieve such measures will promote the interests of Christianity. If is the settled conviction of tho committee, that the only method of avoiding these consequences, with their attendant train of evils is to adhere strictly to the spirit of the Constitution, which regards the general government in no o ther light than that of a civil insti tution, wholly destitute of rein gious authority. What other nations call reli gious toleration, we call religious rights. They are not exercised in virtue of governmental induH gence, but as rights, of which go vernment cannot deprive any por tion of citizens, however small. Despotic power may invade those lit int intipR still confirm5 the religious rights of the citizens. it admitted, u may no jusuy ap prehended, that the future meas ures of government will be strong ly marked, if not eventually con trolled, by the same influence. All religious despotism commen ces by combination and influence; and when that influence begins to operate upon the political institu tions of a country, the civil power soon bends under it; and the ca tastrophe of ot her nations furnish es an awful warning of the consequence. Under the present regulations of the Post Office Department, the rights of concience are not in vaded. Every agent enters vol untarily, and it is presumed con scientiously, into the discharge of) his duties, without mtermedliilg with the conscience of another. Post offices are so regulated, as that but a small portion of the first day of the week is required to be occupied in official business. In the transportation of the mail on that day, no one agent is em ployed many hours. Religious persons enter into the business without violating their own con science, or imposing any restraint upon others. Passengers in the mail stage are free to rest during the first day of the week, or to pursue their journeys at their own pleasure. While the mail is transported on Saturday, the Jew and the Sabbatarian mav abstain from any urgency in carrying it, from conscientious scruples. While it is transported on the first day of the week, another class may abstain, from the same reli gious scruples. The obligation of government is the same to both of these classes; and the commit tee can discover no principle on which the claims of one should be more respected than those of the other, unless it should be admit ted that the conscience of the mi nority are less sacred than those of the majority. It is the opinion of the commit tee, that the subject should be re garded simply as a question of expediency, irrespective of its re ligious bearing. In this light, it has heretofore been considered. Congress have never legislated upon the subject. It rests, as it ever has done, in the legal discre tion of the Postmaster General, under the repeated refusals of Congress to discontinue the Sab bath mails. His knowledge, and judgment in all the concerns oi' that department, will not be ques tioned. His intense labors and assiduity have resulted in the high est improvement of every branch of his department. It is practised only on the great leading mail routes, and such others as are ne cessary to maintain their connex ions. To prevent this, would, in the opinion of the committee, be productive of immense injury, both in its commercial, political, and in its moral bearings. The various departments of go vernment require, frequently in peace, always in war, the speedi est intercourse with the remotest parts of the country; and one im portant object of the mail estab lishment is, to furnish the greatest and most economical facilities for such intercourse. The delay of them. Let the national legist'
The Tarborough Southerner (Tarboro, N.C.)
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Feb. 6, 1829, edition 1
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