Sixth, Mr. Reeves's boys were hauling wood on Sunday. In the timber where they got the wood, they met another boy, a Seventh-day Adventist, John A. Meeks, hunting squirrels. They joined him in the hunt, scaring the squirrels around the trees so he could shoot them. Then the squirrels were divided between the Meeks boy and the Reeves boys. Then the Meeks boy was indicted, prosecuted, and convicted of Sabbath-breaking upon the evidence of the father of those boys who were hauling wood, and who helped to kill the squirrels.
Seventh, James M. Pool, for hoeing in his garden on Sunday, was convicted of Sabbath-breaking, on the evidence of a "sanctified" church member who had gone to Pool's house on Sunday to buy tobacco.
Allow me to mention the methods of prosecution. In the case of Scoles, J. A. Armstrong was called before the Grand Jury. After repeated answers to questions in regard to work done on Sunday by different parties in several different lines of business and traffic, he was asked the direct question whether he knew of any Seventh-day Adventists who worked on Sunday, and when in the nature of the case he answered in the affirmative, every one of the Seventh-day Adventists whom he named was indicted, and not one of any other class or trade.
In the second case of James A. Armstrong; he was arrested at the instance of the mayor. When asked for the affidavit upon which Armstrong was arrested, the mayor said that A. J. Vaughn had called his attention to Armstrong's working, and had said, "Now see that you do your duty," yet Vaughn testified under oath that he did not see Armstrong at all on the day referred to. Armstrong was not only arrested at the instance of the mayor, but he was also tried before the mayor, who acted as Justice of the Peace. And when Vaughn testified that he had not seen Armstrong at all on the day referred to, this made the mayor, virtually, both prosecuting witness and judge; and the questions which he asked show that that was precisely his position, and his own view of the case. The question which he asked to each of the first two witnesses was, "What do you know about Mr. Armstrong's working on Sunday, June 27?" This question assumes all that was expected to be proved on the trial.
This is enough to show the workings of such a Sunday law as is embodied in this Senate bill. There were many other cases, every one in the same line. But throughout the whole list of cases, it is only the record of how people who were performing honest labor on their own premises in a way in which it was impossible to do harm to any soul on earth, were indicted, prosecuted, and convicted upon the evidence of men who, if there were any wrong involved in the case at all, were more guilty than they. If religious persecution could possibly be more clearly demonstrated than it is in this thing, we hope never to see an illustration of it.
It may be asked, Why was not an appeal taken? An appeal was taken to the Supreme Court of the State, in the first case that was tried. The judgment of the lower Court was confirmed in an opinion closing with these words: --
"The appellant's argument, then, is reduced to this: That because he conscientiously believes he is permitted by the law of God to labor on Sunday, he may violate with impunity the statute declaring it illegal to do so; but a man's religious belief cannot be accepted as a justification for his committing an overt act made criminal by the law of the land. If the law operates harshly, as laws sometimes do, the remedy is in the hands of the legislature. It is not the province of the judiciary to pass upon the wisdom or policy of legislation. That is for the members of the legislative department; and the only appeal from their determination is to the constituency."
This decision of the Supreme Court is of the same piece with the prosecutions and judicial processes throughout. It gives to the legislature all the omnipotence of the British Parliament, and in that does away with all necessity for a Constitution. The decision on this principle alone, is un-American. No legislative body in this country is framed upon the model of the British Parliament in respect to power. In this country, the powers of every legislature are defined and limited by Constitutions. It is the prerogative of Supreme Courts to define the meaning of the Constitution, and to decide whether an act of the legislature is Constitutional or not. If the act is Constitutional, then it must stand, whatever the results may be. And the Supreme Court is the body by which the Constitutionality or the unconstitutionality of any statute is to be discovered. But if, as this decision declares, the legislature is omnipotent, and that which it does must stand as law, then there is no use for a Constitution. "One of the objects for which the judiciary department is established, is the protection of the Constitutional rights of the citizens."
So long as there is a Constitution above the legislature, which defines and limits its powers, and protects and guards the rights of the citizens, so long it is the province of the Supreme Court to pronounce upon the acts of the legislature. The Supreme Court of Arkansas, therefore, in this case, clearly abdicated one of the very functions for which it was created, or else subverted the Constitution of Arkansas; and in either case, bestowed upon the legislature the omnipotence of the British Parliament, which is contrary to every principle of American institutions. Nor is the State of Arkansas an exception in this case; for this is the usual procedure of Supreme Courts in sustaining Sunday laws. They cannot be sustained upon any American principle; resort has to be made in every instance, and has been with scarcely an exception, either to the church-and-state principles of the British Government, or to the British principle of the omnipotence of the legislative power. But American principles are far above and far in advance of the principles of the British Government, in that they recognize Constitutional limitations upon the legislative power, and countenance no union of church and state; consequently Sunday laws never have been, and never can be, sustained upon American principles.
That this stricture upon Supreme Court of Arkansas is not unjust, we have the clearest proof. The three judges who then composed the Supreme Court, were all members of the Bar Association of the State of Arkansas. In less than three months after this decision was rendered, the Bar Association unanimously made a report to the State on "law and law reform," an official copy of which I have in my possession. In that report, under the heading "Sunday Laws," is the following: --
"Our statute as it stands in Mansfield's Digest, provides that `persons who are members of any religious society who observe as Sabbath any other day of the week than the Christian Sabbath, or Sunday, shall not be subject to the penalties of this act [the Sunday law], so that they observe one day in seven, agreeably to the faith and practice of their church or society.' -- Mans. Dig., sec. 1886.
"This statute had been in force from the time of the organization of the State government; but it was unfortunately repealed by act of March 3, 1885. -- Acts 1885, p. 37.
"While the Jews adhere, of course, to the letter of the original command to remember the seventh day of the week, there is also in the State a small but respectable body of Christians who consistently believe that the seventh day is the proper day to be kept sacred; and in the case of Scoles vs. State, our Supreme Court was compelled to affirm a judgment against a member of one of these churches, for worshiping God according to the dictates of his own conscience, supported, as he supposed, by good theological arguments. It is very evident that the system now in force, savoring, as it does, very much of religious persecution, is a relic of the Middle Ages, when it was thought that men could be made orthodox by an act of parliament. Even in Massachusetts, where Sabbatarian laws have always been enforced with unusual vigor, exceptions are made in favor of persons who religiously observe any other day in the place of Sunday. We think that the law as it stood in Mansfield's Digest, should be restored, with such an amendment as would prevent the sale of spirits on Sunday, as that was probably the object of repealing the above section."
Now the Arkansas Constitution says: --
"All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given by law to any religious establishment, denomination, or mode of worship, above any other."
This report of the Bar Association says, "In the case of Scoles vs. State, our Supreme Court was compelled to affirm a judgment against a member of one of these churches, for worshiping God according to the dictates of his own conscience."
The members of the Supreme Court being members of the Bar Association, in that report it is confessed that they confirmed a judgment against a man for doing that which the Constitution explicitly declares all men have a natural and indefeasible right to do.