Sunday is a religious institution wholly; Sunday legislation, wherever found, is religious legislation solely; and this bill does not in its terms pretend to be anything else than religious. Being therefore as it is, religious legislation, it is clearly unconstitutional. In proof of this, I submit the following considerations: --
All the powers of Congress are delegated powers. It has no other power; it cannot exercise any other. Article X. of Amendments of the Constitution expressly declares that --
"The powers not delegated to the United States by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people."
In all the powers thus delegated to Congress, there is no hint of any power to legislate upon any religious question, or in regard to the observance of any religious institution or rite. Therefore, this Sunday bill, being a religious bill, is unconstitutional; and any legislation with regard to it will be unconstitutional. Sunday being a religious institution, any legislation by Congress in regard to its observance, will be unconstitutional as long as the United States Constitution shall remain as it now is.
Nor is this all. The nation has not been left in doubt as to whether the failure to delegate this power was or was not intentional. The first amendment to the Constitution, in declaring that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," shows that the failure to delegate such power was intentional, and makes the intention emphatic by absolutely prohibiting Congress from exercising any power with regard to religion. It is impossible to frame a law on the subject of religion that will not prohibit the free exercise of religion. Therefore the first amendment to the Constitution absolutely prohibits Congress from ever making any law with regard to any religious subject, or the observance of any religious rite or institution.
More than this, the National Reform Association knows, and has been contending for twenty-five years, that for Congress to make any Sunday laws would be unconstitutional. Yet the National Reform Association is one of the most prominent agencies in urging forward this bill; and the Secretary of that Association stood at this table to-day to plead for its passage. And this only shows that they are willing knowingly to resort to unconstitutional means to secure their coveted power, and to accomplish their purposes. As for Dr. Crafts and his fellow-workers, whether or not they know it to be unconstitutional, we do not know. In the announcements of the national Sunday-law convention now (Dec. 11-13, 1888) being held in this city, it was stated that the church in which the convention was to meet would be festooned with the names of six millions of petitioners; but at the beginning of the first meeting it was stated that there were fourteen millions of them. A question was sent up asking how the number could have grown so much larger so suddenly. Mrs. Bateham was recalled to the platform to answer the question, and when she answered it, the cause of such a sudden and enormous growth was explained by the fact that Cardinal Gibbons had written a letter indorsing the bill, and solely upon the strength of his name, seven million two hundred thousand Catholics were counted as petitioners.
This was not a complete answer to the question, because the Cardinal's letter does not authorize any such use of it as they have made, at least so much of it as was made public does not. The whole of the letter was not made public there, because, Dr. Crafts said, it was for the Senate Committee. It was laid on the table here to-day. But so much of it as was read merely referred to the action of the Baltimore Council in commanding a stricter observance of Sunday, and said: --
"I am most happy to add my name to those of the millions of others who are laudably contending against the violation of the Christian Sabbath by unnecessary labor, and who are endeavoring to promote its decent and proper observance by judicious legislation."
This was all. He said, "I am happy to add my name," etc. He did not say that he added, or that he wished to add, seven million two hundred thousand others with his name, or in his name; yet this was done. But it was not so much to be wondered at, because the same principle had been acted upon before throughout the country, and when five hundred petitioners could be made out of one hundred, and two hundred and forty thousand out of two hundred and forty, it was perfectly easy and entirely consistent to make seven million two hundred thousand and one out of one.
This thing was perfectly consistent also with the principle in another point. The petition reads: "We, the undersigned, adult residents of the United States, twenty-one years of age or more, hereby petition," etc. In counting these seven million two hundred thousand petitioners in behalf of the Sunday law, they thereby certified that all these were Catholics "twenty-one years of age or more." But there was not a man in that convention, and there is not a woman in the Woman's Christian Temperance Union, who does not know that there are not that many Catholics in the United States "twenty-one years of age or more." They virtually certified that all the Catholics in the United States are "twenty-one years of age or more," for they distinctly announced that "all the Roman Catholics" were petitioning for the Sunday law. But as they had virtually certified the same thing of the Protestant churches throughout the country, why should they not go on and swing in "all the Roman Catholics" in the same way? They could do the one just as honestly as they could do the other. When men and women professing themselves to be Protestant Christians will do such things as that to carry the Catholic Church with them, it is not to be wondered at if they should be willing to resort to unconstitutional means to make their religious zeal effective in national law.
Senator Blair. -- Then you assume that this bill and all Sunday laws concern only the relation of man to God, and not the relation of men to each other?
Mr. Jones. -- Yes, sir, that is the principle upon which we stand.
Senator Blair. -- Right there I find fault with your original proposition. You have got to establish, before you can defeat the ground of Sunday laws, that Sunday laws are not for the good of Caesar; that is, not for the good of society.
Mr. Jones. -- I have not had time to prove that yet. I will prove fully that Sunday laws are not for the good of anybody.
Senator Blair. -- Come to the point as soon as you can. That is the point in this case, as between you and the law proposed to be enacted.
Mr. Jones. -- Very good. For the State to compel men to do no work is to enforce idleness. Idleness is the root of unlimited evil. It is a true proverb that we learned in our boyhood, "Satan always finds something for idle hands to do." In this world, to compel men to be idle is to force them into a line of influences and temptations which in the very nature of things can end only in evil. It is well known, and it is one of the principal grounds of the complaints of those who are working for Sunday laws, that Sunday is, of all the week, the day of the most wickedness; that the record of crime and violence on Sunday exceeds that of any other day of the week, especially in large cities.
Dr. Crafts refers constantly to London as an exemplary city in the matter of enforced Sunday laws, but the fact was brought out last spring by a member of this Committee -- Senator Payne -- that the statement had lately been "made on authority, that London on Sunday is the most immoral and dissipated city in the world." Now why is this? They argue that it is because the saloons are open on Sunday. But the saloons are open every other day of the week. Then the saloons being open no more on Sunday than on any other day, why is it that there is so much more violence done on Sunday than on other days of the week? -- It is because more men are idle on Sunday than on any other day of the week. Upon this point I quote an extract from the Cincinnati Commercial Gazette of March 10, 1888.
"They declare Sunday the moral ruin of the people. They prove it by alleged statistics of criminal prosecutions to show that more crimes of violence are committed on Sunday than on all other days of the week. Why is this? Because the saloons are open? -- They are open on other days. This reduces them to the sole reason that it is because it is a day of idleness.
"Their argument is absolutely destructive to the beneficence of the custom of a rest day. They continually affirm that a Sabbath day is the very foundation of religion, morals, and society, and they as incessantly declare that the custom of Sunday cessation from work in the cities had made it a day of moral ruin. What is their recourse from the destruction which they charge upon the day of idleness? -- To make statutes more stringent to enforce idleness. Arguing that idleness on that day leads mankind to moral ruin, they call for a more rigid enforcement of idleness, to lead mankind to the ways of salvation.
"Surely there is need to revise their basis in season before they can proceed rationally in legislation. Selling beer is no more a sin on Sunday than on other days. The reason why more crimes of violence are done on Sunday than on other days -- if that is a fact -- is not that the saloons are open, but that the men are idle. The good of a day of rest for the toilers has to be taken with the drawback of this unavoidable evil from idleness and indulgences of appetites. The cause is the cessation of vocations."