The National Sunday Law

Part 4

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Senator Blair. -- State and national, alike?

Mr. Jones. -- State and national, sir. I shall give you historical reasons presently, and the facts upon which these things stand, and I hope they will receive consideration.

George Washington, I believe, is yet held in some respectful consideration -- he is by the Seventh-day Adventists at least -- and he said, "Every man who conducts himself as a good citizen is accountable alone to God for his religious faith, and is to be protected in worshiping God according to the dictates of his own conscience." And so should we be protected, so long as we are law-abiding citizens. There are no saloon keepers among us. We are as a body for prohibition; and as for the principles of Christian temperance, we conscientiously practice them. In short, you will find no people in this country or in the world, more peaceable and law-abiding than we endeavor to be. We teach the people according to the Scripture, to be subject to the powers that be; we teach them that the highest duty of the Christian citizen is strictly to obey the law, -- to obey it not from fear of punishment, but out of respect for governmental authority, and out of respect for God, and conscience towards him.

Senator Blair. -- That is the common Mormon argument. The Mormons say their institution is a matter of religious belief. Everybody concedes their right to believe in Mormonism, but when they come to the point of practicing it, will it not be to the disturbance of others?

Mr. Jones. -- I should have come to that, even though you had not asked the question. But as you have introduced it, I will notice it now. My argument throughout is that the civil government can never have anything to do with men's duties under the first four of the ten commandments; and this is the argument embodied in Washington's words. These duties pertain solely to God. Now polygamy is adultery. But adultery is not a duty that men owe to God, in any way, much less does it come under any of the first four commandments. This comes within the inhibitions of the second table of the law of God -- the commandments embracing duty to our neighbor. How men should conduct themselves toward their fellow-men, civil government must decide; that is the very purpose of its existence. Consequently, the practice of polygamy lying wholly within this realm, is properly subject to the jurisdiction of civil government. My argument does not in the least degree countenance the principles of Mormonism, nor can it fairly be made to do so. I know that it is offered as a very ready objection; but those who offer it as an objection and as an argument against the principles upon which we stand, thereby make adultery a religious practice. But against all such objection and argument, I maintain that adultery is not in any sense a religious practice. It is not only highly irreligious, but it is essentially uncivil; and because it is uncivil, the civil power has as much right to blot it out as it has to punish murder, or thieving, or perjury, or any other uncivil thing. Moreover, we deny that honest occupations on any day of the week, or at any time whatever, can ever properly be classed with adultery.

There are also people who believe in community of property in this world. Suppose they base their principles of having all things in common upon the apostolic example. Very good. They have the right to do that. Every one who sells his property and puts it into a common fund, has a right to do that if he chooses; but suppose these men in carrying out that principle, and in claiming that it is a religious ordinance, were to take without consent your property or mine into their community. Then what? -- The State forbids it. It does not forbid the exercise of their religion; but it protects your property and mine, and in exercising its prerogative of protection, it forbids theft. And in forbidding theft, the State never asks any questions as to whether thieving is a religious practice. So also as to polygamy, which is practiced among the Mormons. But let us consider this in another view.

It is every man's right in this country, or anywhere else, to worship an idol if he chooses. That idol embodies his conviction of what God is. He can worship only according to his convictions. It matters not what form his idol may have, he has the right to worship it anywhere in all the world, therefore in the United States. But suppose that in the worship of that god he attempts to take the life of one of his fellow-men, and offer it as a human sacrifice. The civil government exists for the protection of life, liberty, property, etc., and it must punish that man for his attempt upon the life of his fellow-man. The civil law protects man's life from such exercise of any one's religion, but in punishing the offender, the State does not consider the question of his religion at all. It would punish him just the same if he made no pretensions to worship or to religion. It punishes him for his incivility, for his attempt at murder, not for his irreligion. I repeat, the question of religion is not considered by the State; the sole question is: Did he threaten the life of his fellow-man? Civil government must protect its citizens. This is strictly within Caesar's jurisdiction; it comes within the line of duties which the Scripture shows to pertain to our neighbor, and with it Caesar has to do.

Therefore it is true that the State can never of right legislate in regard to any man's religious faith, or in relation to anything in the first four commandments of the decalogue. But if in the exercise of his religious convictions under the first four commandments, a man invades the rights of his neighbor, as to life, family, property, or character, then the civil government says that it is unlawful. Why? Because it is irreligious or immoral? -- Not at all; but because it is uncivil, and for that reason only. It never can be proper for the State to ask any question as to whether any man is religious or not, or whether his actions are religious or not. The sole question must ever be, Is the action civil or uncivil.

Senator Blair. -- Now apply that right to this case -- to the institution of the Sabbath among men for the good of men.

Mr. Jones. -- Very good, we will consider that. Here are persons who are keeping Sunday. It is their right to work on every other day of the week. It is their right to work on that day, if they desire; but they are keeping that day, recognizing it as the Sabbath. Now while they are doing that which is their right, here are other people who are keeping Saturday, and others who are keeping Friday. The Mohammedans recognize Friday. But we will confine ourselves to those who keep Saturday, the seventh day, as the Sabbath. Those who keep Sunday, and who want legislation for that day, ask that other people shall be forbidden to work on Sunday, because they say it disturbs their rest, it disturbs their worship, etc.; and they claim that their rights are not properly protected. Do they really believe that in principle? Let us see. They will never admit (at any rate, I have never yet found one of them who would) that their work on Saturday disturbs the rest, or the worship, of the man who rests on Saturday. If their work on Saturday does not disturb the Sabbath rest, or the worship, of the man who keeps Saturday, then upon what principle is it that our work on Sunday disturbs the rest of those who keep Sunday? I have never found one on that side yet who would admit the principle. If their work does not disturb our rest and our worship, our work cannot disturb their rest or their worship. More than this: In a general Sunday convention held in San Francisco, at which I was present, there was a person who spoke on this very question. Said he: "There are some people, and a good many of them in this State, who do not believe in Sunday laws, and who keep Saturday as the Sabbath; but," said he, "the majority must rule. The vast majority of the people do keep Sunday; their rights must be respected, and they have a right to enact it into law." I arose and said, "Suppose the Seventh-day people were in the majority, and they should go to the legislature and ask for a law to compel you to keep Saturday out of respect to their rights. Would you consider it right?" There was a murmur all over the house, "No."

Senator Blair. -- Upon what ground did they say, No?

Mr. Jones. -- That is what I should like to know. They were not logical. Their answer shows that there is no ground in justice nor in right for their claim that the majority should rule in matters of conscience.

Senator Blair. -- That does not follow. At least it does not strike me that it follows. The majority has a right to rule in what pertains to the regulation of society, and if Caesar regulates society, then the majority has a right in this country to say what we shall render to Caesar.

Mr. Jones. -- Very good, but the majority has no right to say what we shall render to God; nor has it any right to say that we shall render to Caesar that which is God's. If nine hundred and ninety-nine out of every one thousand people in the United States kept the seventh day, that is, Saturday, and I deemed it my right, and made it my choice, to keep Sunday, they would have not right to compel me to rest on Saturday.