Part 3

The complaint was that said Glover had been guilty of the crime of Sabbath breaking, by delivering milk to his customers in Boston on the 25th June last. The evidence to support the complaint was from two gentlemen, Messrs. M'Clure and Vose. They testified, that on the 25th June last they walked out in company at 5, A.M. to see if they could discover any persons delivering milk from carts--that they had not been long in pursuit, before they descried a man, who descended from his vehicle, with a milk vessel, and poured milk from it, which he delivered to a family in their presence.--They approached him--enquired his name, and from whence he came. He answered, from Quincy, and his name was Glover.--They asked if he was in the habit of bringing milk to Boston on the Sabbath. He told them he had been when the weather was very hot. This was the evidence.

The complaint being for doing labour on the Sabbath in the county of Norfolk, which was not labour of _necessity_ or _mercy_.

Churchill, for Defendant, in cross examining the witnesses, enquired why they rose at so early an hour, on the 25th June, and went to walk? They answered that it was partly to exercise, and partly to perform their duty as professors of religion. They said they had made up their minds that the moiety of the fines they expected to receive, they would give to some charitable institution.

The defence rested on two points--_First_, That no crime or act was proved to have been committed in Norfolk county--_Secondly_, If it should be proved that the act complained of had been committed, it was an act of _necessity_ and _mercy_.

Counsellor Churchill entered with much spirit into the cause, and evinced that he had bestowed upon it much thought and labour. He gave an elaborate history of the Sabbatical Institution, and stated the various opinions and laws as to the division of holy time. He said that many families in Boston, both poor and rich, depended on milk to feed their children--that a large proportion of the people had no conveniences for keeping it from Saturday night till Monday morning; that those who had no other way of disposing of their milk, but by delivering it to those who would suffer without it, performed an act embracing both _necessity_ and _mercy_; that those who sat up all night for the purpose of being up before day, to fatten on those who were performing the before-named charitable act, were like the Jews of old, who, when the Saviour of mankind raised the dead and restored the blind to sight, cried out, Crucify him! the Jews were but the M'Clures of the present day.

The Judge (MITCHELL) charged the jury, that, if they had doubts whether any offence were proved to have been committed, within the county, they must acquit; or, if otherwise, and they were of opinion that it was necessary to deal out milk on the Sabbath in extreme hot weather, they must acquit. He stated that his neighbours bought milk of him, and took it on Sunday as on other days, and thought it no crime. He did not cast up the score, receive the money and rub out the chalks on that day; but apprehended that his conduct was virtually the same as that charged upon the defendant. The defendant pursued his regular course, and in doing so, he saved his property from waste, and relieved many from disappointment and distress. The clergy ride from town to town on the Sabbath, and the physicians ride without molestation. The Sabbath is a day of rest--but in the exercise of its duties, reason is to be regarded. Such worldly concerns as can well be done on other days, ought not to be done on the Sabbath--but if an ox fall into a pit, he must be taken out; that if a clergyman has agreed to exchange with a brother, he may as well ride a few miles on the Sabbath as to make a parade of going on Saturday night.

The jury returned a verdict of--NOT GUILTY.

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OBSERVANCE OF THE SABBATH. There has been lately, in some of the Boston papers, a discussion of the question, whether the sailing of a steam boat on the Sabbath is not a profanation.

We allude to this subject, at the present time, not for the purpose of taking a side in the controversy, but merely to show in what manner this day was formerly noticed in England, and our own country.

In England, during the reign of James the first, it was lawful for his subjects to indulge in certain sports, such as dancing, archery, leaping, vaulting, may-games, whitsun ales, and morris dances, on _Sunday_ after evening service. But it was not lawful to have bear-baiting, bull-baiting, interludes, and bowling.

In reign of Charles 1st a statute was passed, prohibiting a meeting out of the parish, on the Lord's day, to enjoy these sports. A statute was afterwards passed, prohibiting carriers and drovers from travelling, and butchers from slaughtering or selling on this day. Afterwards all tradesmen, artificers, workmen, laborers, or other persons, were prohibited from exercising their callings on this day, excepting works of necessity and charity, and dressing and selling meat in families, inns, cook-shops, &c. selling milk before nine in the morning, and after four in the afternoon, _selling mackerell_ before or after divine service, and excepting also forty watermen, who may ply between Vauxhall and Limehouse.

By a statute of George 2d fish carriages were allowed to pass on Sundays, whether laden or empty. During the reign of this King, the Court decided in favor of a Baker, charged "with baking puddings and pies on the Lord's day for dinner." The court considered the case as falling within the exceptions of works of necessity and charity. "That it was better that one baker and his men should stay at home, than many families and servants." Under George 3d Bakers were prohibited from making, baking or selling, excepting between nine in the morning and one in the afternoon, and the person requiring the baking carried or sent it to the place where it was to be baked. A law was afterwards passed, permitting bakers to work, so far as may be necessary in setting or superintending the sponge, to prepare the dough for the next day's baking.

The provisions of the Colony and Province laws, on this subject, were embodied in our State law of 1792, which prohibits every person from keeping open his shop, ware-house, or work-house, on the Lord's day, & from doing any labor or work, excepting that of necessity and charity, and from attending concerts of music, dancing, &c. It likewise prohibits travelling by drovers, teamsters, &c. visiting taverns, &c. during the time included between the midnight preceding and the sun-setting of the Lord's day. It likewise prohibits games, diversions, recreations on the land or water, on the evening next preceding or succeeding the Lord's day. Under the Colonial government, it was for some time made a question when the Sabbath should be considered as commencing; but in 1645 it became a custom to regard the evening of the last day of the week as the beginning of the Sabbath. Several clergymen however considered Saturday afternoon as the commencement of holy time.

The following extracts from our town records will show in what manner the Sabbath was observed by our pious ancestors.

"1644.

"Ordered, that twoe be appointed every Lord's day, to walk forth in the time of God's worshippe, to tak notice of such as either lye about the meeting-house, without attending to the word or ordinances, or that lye at home, or in the fields, without giving good account thereof, and to tak the names of such persons, and to present them to the magistrate, whereby they may be accordingly proceeded against."

"1677.

"Whereas, there hath been several complaints of several persons that doe profane the Sabbath, by unseasonable walking abroad even at the time of publique service, &c.--the Selectmen have agreed each of them to take their turns, with the constables to walk abroad on the Lord's day, both forenoon and afternoone, morning and evening, to redress such miscarriages as they shall at any time meet withal."

But the following license granted by the selectmen in 1672, shows a much greater liberality than is exhibited in these days.

"1672.

"Nathaniel Ingerson is allowed to sell beer and syder by the quart, for the tyme whyle the farmers are a building of their meeting-house, and _on Lord's days_ afterwards."

_Salem Observer_, July 14, 1827.

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The interest, which is now felt in the subject of the Sabbath, renders the following article, respecting the curiosity of Le Sage, worthy the attention of the reader. It was extracted from a review of Le Sage, published in Scotland about twelve years ago.

"At the time we are now speaking of the Sabbath was observed at Geneva, with a gloom and austerity of which we, in Scotland can probably form a more correct notion than the inhabitants of any other country in Christendom. Le Sage felt some curiosity to know whether the author of Nature still continued to impose on himself the same law that originally marked the institution of the day of rest. It would have puzzled the first philosopher in Europe to think of any method by which this question could be brought to the decision of experiment: but the ingenuity of our young enquirer soon suggested an experiment.--He measured, with great care, the increase of a plant day after day, in order to discover whether it would cease growing on the Sabbath. The result could not fail to solve the difficulty, and to convince the young man, that though the work of Creation might terminate, the work of Providence is never interrupted."

_Salem Observer_, 1829.

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Sunday in Salem in 1838.

SALEM AND THE SABBATH.

On our way to church in the quiet city of Salem recently, a stranger overtook us, and inquired where the Rev. Mr. W---- was to preach that morning? We answered that we were going to his church, and would show him a seat. For which he expressed his thanks and immediately remarked, that he had travelled recently nearly over all our country, and nowhere had he witnessed such entire abandonment of all secular avocations on the Sabbath. It seemed like a different country, and made him feel the significance of the name of that ancient town--Salem, City of Peace.--_Christian (Boston) Monitor_.

Fifty years ago hardly any one thought of absenting himself or herself from public worship. People went to church as a matter of course, partly from a sense of duty, and partly from habit; and this is still the case to some extent. The majority of thoughtful persons of all religious persuasions are agreed upon one point, and that is, it is desirable to have Sunday set apart as a day of rest and change from the ordinary cares and business of life. From a sanitary point of view this rest is no doubt of the highest importance. All people, moreover, who desire to have quiet for religious worship should at least not be disturbed. Public opinion ought to be protection enough; but unfortunately it might not be, so that laws to such an extent as is necessary for this purpose should be in force. But the idea entertained by certain fanatics, that no one should walk or ride for health and recreation, or even engage in any innocent occupation, on Sunday, is so absurd as not to deserve a moment's consideration.

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In 1829 a futile attempt was made to put a stop to the delivery of Sunday mails, one result of which was the holding of a number of public meetings in Salem, the reports of which we take from the papers.

Meetings were also held in Boston and New York.

PUBLIC MEETING.

At a very numerous and respectable meeting of the citizens of Salem, "_opposed to Legislative interference in respect to the religious observances of Sunday_," held at the Town Hall, Dec. 27, 1828, PERLEY PUTNAM, Esq., was called to the chair, and Dr. BENJAMIN KITTREDGE, appointed Secretary.--The object of the meeting having been stated by the Chairman, it was

_Voted_, That Messrs. George Cleveland, Leverett Saltonstall, Stephen C. Phillips, John W. Treadwell, Perley Putnam, Nath'l West, jun., Franklin H. Story, John Crowninshield, Jos. G. Waters, Charles A. Andrew, David Pingree, and David A. Neal, be a committee[2] to consider and report at an adjournment of the meeting, what measures it is expedient to take for the purpose of carrying into effect the objects of the meeting.

The meeting was then adjourned for one week.

[2] The committee appointed consisted of Episcopalians, Unitarians, and Universalists.

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At the adjourned meeting on Saturday evening Jan. 3, 1829, the Committee reported the following Resolutions, which were unanimously adopted:--

_Resolved_, That the observance of Sunday as a day of religious worship and instruction is eminently adapted to extend the knowledge and influence of truth and virtue, and thus to improve the character and increase the happiness of individuals and of the community.

_Resolved_, That under no circumstances has religion excited such general interest, as when, not rendered odious by legal restraints, it has addressed its claims for support to the understandings and consciences of men.

_Resolved_, That a "_system of regulations_" for the purpose of enforcing religious observances is opposed to the principles of religious liberty and to our form of civil government; and it is to be feared that any attempts to introduce such regulations will re-act in consequences detrimental to the interests which it may have been intended to promote.

_Resolved_, That neither the precepts of Christianity nor the design of religious observances are incompatible with the prompt and faithful discharge of the various duties which belong to our social and civil relations; and the urgency of such duties may frequently render it of importance to every individual to receive or transmit intelligence with the least possible delay.

_Resolved_, That for the necessary accommodation of the Government and citizens of this widely extended country, an arrangement of the mails, by which letters and packages are forwarded and delivered with the utmost despatch and safety, has been for a great length of time maintained under the vigilant superintendence of the Postmaster General; and such arrangement, while it is productive of innumerable advantages to the Government and to the citizens, is not allowed to interfere with the public religious services on Sunday.[B]

_Resolved_, That any change in the present arrangement of the mails which shall have the effect to subject to increased delay and hazard the communication between distant parts of the country is impolitic; and if authorized by Congress for the sole purpose of enforcing religious observances, will be an exercise of power for the accomplishment of an object not recognized by the Constitution, and contrary to its spirit and the intentions of its framers.

_Resolved_, That if Congress should prohibit the forwarding of mails and the delivery of letters on Sunday, individuals and the Government will be obliged to resort to such temporary arrangements for transmitting intelligence as their respective exigencies may require; and such temporary arrangements, while they will be attended with increased expense, will be productive of far greater inconvenience and disturbance to the religious public, than can justly be complained of under the present system.

_Resolved_, That a committee be appointed, who shall be instructed to prepare a memorial to Congress expressive of the views of this meeting, whenever in their opinion, circumstances shall render it expedient to present such memorial; and such memorial shall be submitted by them for approbation, at a meeting to be called for that purpose.

_Resolved_, That the committee appointed in conformity to the foregoing resolution, shall be authorized to call future meetings, to correspond with citizens of other towns, and generally to take such measures as they may deem expedient for the purpose of carrying into effect the objects of this meeting.

The following gentlemen were appointed a committee to perform the duties specified in the two last resolutions, viz. George Cleveland, Dudley L. Pickman, Willard Peele, Perley Putnam, Philip Chase, Stephen White, Gideon Tucker, Nath'l Frothingham, Stephen C. Phillips. The Committee was authorized to fill any vacancies that may occur in their number.

_Voted_, That an attested copy of the proceedings be published in the several newspapers in this town, and in one or more of the newspapers in the city of Washington, and that an attested copy be also forwarded to the Post Master General.

The meeting was then dissolved.

PERLEY PUTNAM, _Chairman_. BENJ. KITTREDGE, _Secretary_.

[B] _Extract from Regulations respecting Post Offices_.--"At Post Offices where the mail arrives on Sunday, the office is to be kept open for the delivery of letters, &c. for one hour or more after the arrival and assorting of the mail; but in case that would interfere with the hours of public worship, then the office is to be kept open for one hour after the usual time of dissolving the meeting for that purpose."

A very large meeting of citizens of New York, opposed to the proposition to discontinue the mails on Sunday, was held at New York this week. A similar meeting has also been held at Boston.

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SABBATH MAILS.

SALEM, (Mass.) Feb. 9, 1829.

_To the Hon. Richard M. Johnson, Chairman of the Committee on the Post Office and Post Roads, Washington._

SIR:--The subscribers, a committee appointed at a meeting of the inhabitants of this town, on the 3d January last, to take such measures as they may deem expedient to oppose any attempts to interfere for religious purposes with the transportation of the Mails and opening the Post Offices on Sunday, have read with pleasure the report of the Committee of the Senate on that subject.

Previous to receiving that report, they were about petitioning Congress--and the public sentiment in this place is so universal against an interference for religious reasons, that a very respectable and numerous subscription could readily have been obtained.--But the report from the Senate represented the subject in so powerful a light--demonstrated so clearly the want of power in the government to legislate for the reasons given by the petitioners, and showed so conclusively, that if they had the power, they certainly had not the ability to determine for all the people of the United States, what God's law was--that we have concluded it would not be necessary at the present session of Congress to take any further steps in the business. We have thought, however, that tho' constituting but a small part of the United States, yet it might not be uninteresting to the committee, to know how much in accordance with our views are the sentiments expressed in their report and to assure them for ourselves, and those whom we represent, that we shall at all times consider them engaged in the highest and most momentous acts of legislation, whenever their efforts shall tend to prevent an interference of the religious with the civil power--all union between church and state--all attempts of religious zealots to enforce by law, what _they_ may term divine truth.

You will please to convey to the gentlemen of the committee, our sense of their proceedings, and for yourself, sir, accept the assurance of our respectful consideration.

GEORGE CLEVELAND, GIDEON TUCKER, DUDLEY L. PICKMAN, WILLARD PEELE, PERLEY PUTNAM, NATHANIEL FROTHINGHAM.

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The following item is from the "Observer" of Jan. 21, 1829:--

THE REPORT OF THE SENATE ON THE SUNDAY MAILS. The Portsmouth Advertiser has attacked this Report, "tooth and nail," imputing to it an influence as disastrous as that which attends the writings of Tom Paine or Citizen Brisset. The writer states, that the Senate by adopting it, "has virtually declared, that the laws of Almighty God are no rule for human legislation." We will give one more extract from these remarks, to enable our readers to form a judgment of the writer's character. He must certainly belong to that unfortunate class of the community, for whom "strait-jackets and a spare diet," are usually prescribed.

"By this report, Col. Johnson has put weapons into the hands of infidelity to annoy and harass that very portion of the republican community, which furnishes the only hope, and pledge, that our free institutions will continue permanent."

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The following account of a Parisian Sabbath we find in the "Salem Observer" of 1830:

PARISIAN SABBATH. There is little in the appearance of Paris on a Sabbath morning to remind us that it is a day of rest; the markets are thronged as on other days, carts and drays and all sorts of vehicles, designed for the transportation of merchandise are in motion; buying and selling and manual labor proceed as usual; there is rest for neither man nor beast. In the afternoon the shops are usually closed; and labor is suspended, and the remainder of the day is devoted to pleasure. Few of those who go to church appear to have any other motive than amusement. They walk about the aisles, gazing at the pictures, and listening to the solemn music of the mass and go away when they are tired. Those whom I have seen really engaged in worship appeared to belong to the lower classes; and with the exception of those few, the persons you see in church are merely idle spectators, attracted thither by curiosity, or to pass an idle half hour before they go to promenade in the gardens. --_Wheaton's Travels_.

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In the "Salem Observer" of Dec. 10, 1829, is the following notice on the Sunday-mail question:--

SUNDAY MAILS. The following resolution on the subject of stopping the mails on Sundays, was passed at a recent session of the Salem Baptist Association in Kentucky:--

"_Resolved_, That we as an Association cordially approve the Report and resolution, as presented to the Senate of the United States, by Col. R.M. Johnson, Chairman of the Committee upon the subject of the petition to stop the mail on the Sabbath: and sincerely advise all friends of civil and religious liberty, to refuse to subscribe any petition that has the least tendency to influence the legislative powers to act upon _religious matters_; for we consider an association of _civil_ and _ecclesiastical_ power or an union of _Church_ and _State_, as one of the greatest calamities which could befal our country, and that it should be resisted in every possible shape in which it may be presented."