BREACH OF THE SABBATH.
At the late session of the S.J. Court at Northampton it was decided that a justice of the peace could not issue a warrant for a breach of the Sunday laws against an offender that is not an inhabitant of the county where the offence is committed, but that he must be prosecuted only before a grand jury; and that justices of the peace could not issue warrants, nor sheriffs serve them, on the Lord’s day, for any breaches of those laws. Damages were awarded against a justice, a tythingman, and a sheriff, upon the latter principle.
Upon this decision we congratulate the public. It has taken a formidable weapon from the hands of those petty tyrants, who are labouring to revive the reign of religious persecution. We trust we shall no longer see the Sabbath trespassed upon by these official harpies, who, instead of spending the day as they ought, in worshiping God, confessing their own manifold sins, and praying that they may be endued with a more christian temper, are riding or walking the highway, “seeking whom they may devour,” and gratifying at once their malice and their avarice, by plundering their fellow-citizens, and filling their own pockets. In some towns they have been stationed at every turn of the road, ready to dart out upon the traveller, like a spider from the corner of his web. We rejoice at every occurrence which checks this persecuting spirit.—Those who know us, know that we respect the Sabbath and its holy institutions: for this very reason we reprobate conduct which has a direct tendency to bring these institutions into contempt. In all ages, the anti-christian spirit of christian professors has done more injury to the cause of religion, than the attacks of its declared enemies. Real Christianity cannot flourish by persecution. Excessive rigour defeats the very purposes it is intended to subserve. In time there will be a re-action, and men will go to the opposite extreme—religion and morals will be as much too lax, as they were before too strict.
In no part of the world is the sabbath so scrupulously observed as in New-England. As we keep it, it resembles more the Jewish Sabbath, than the Sabbath of all other parts of Christendom. We had much rather see this nice punctiliousness, than that indifference which prevails in some places. But we think there is such a thing as drawing the cord too tight—so tight that it will be in danger of snapping in sunder! The good habits of our countrymen, and the increasing regard which is entertained for religion, will be a sure guaranty of the respectful observance of the Sabbath. There are very few men in the community, who dare to outrage public feeling by a wanton violation of the solemnity of the day. We have excellent laws to punish those who disturb the devotions of any society or individual. Let these laws be put in execution without fear, favour or affection. But for the rest, let religion take care of itself—it needs no assistance from the feeble arm of the magistrate.
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