Senator Blair -- Then if they had a law like this, they were wrongly convicted under the law, just as innocent men are sometimes hung; but you cannot reason that there should be no law against murder because innocent men are sometimes executed. It is fault in the administration of the law. You cannot reason from that that there should be no law.
Mr. Jones -- If there had been arrests of other people for working on Sunday, in anything like the numbers that there were of seventh-day observers, and the law had been enforced upon all alike, then the iniquity would not have been so apparent; or if those who were not seventh-day observers, and who were arrested, had been convicted, even then the case would not have been so clearly one of persecution. But when in all the record of the whole two years' existence of the law in this form, there was not a solitary saloon keeper arrested, there was not a person who did not observe the seventh day arrested, with the two exceptions named, then there could be no clearer demonstration that the law was used only as a means to vent religious spite against a class of citizens guiltless of any crime, but only of professing a religion different from that of the majority.
The fact of the matter is, -- and the whole history of these proceedings proves it, -- that from beginning to end these prosecutions were only the manifestation of that persecuting, intolerant spirit that will always make itself felt when any class of religionists can control the civil power. The information upon which the indictments were found, was treacherously given, and in the very spirit of the Inquisition. The indictment itself is a travesty of legal form, and a libel upon justice. The principle was more worthy of the Dark Ages than of any civilized nation or modern time; and the Supreme Court decision that confirmed the convictions, is one which is contrary to the first principles of Constitutional law or Constitutional compacts.
And if Congress should lend its sanction to religious legislation to the extent of passing this national Sunday bill, now under consideration, and its principles should be made of force in all the States, the history of Arkansas from 1885-86 would be repeated through the whole extent of the nation. This I can prove, at least so far as the intention goes of those who are actively in favor of it. Rev. D. Mc Allister is one of the principal men of the National Reform Association. That Association and the Woman's Christian Temperance Union held a joint convention at Lakeside, Ohio, in July, 1887; and speaking on the subject of a national Sunday law, Dr. Mc Allister said: --
"Let a man be what he may, -- Jew, seventh-day observer of some other denomination, or those who do not believe in the Christian Sabbath, -- let the law apply to every one, that there shall be no public desecration of the first day of the week, the Christian Sabbath, the day of rest for the nation. They may hold any other day of rest of the week as sacred, and observe it; but that day which is the one day in seven for the nation at large, let that not be publicly desecrated by any one, by officer in the Government, or by private citizen, high or low, rich or poor."
Then some one stated from the audience that --
"There is a law in the State of Arkansas enforcing Sunday observance upon the people, and the result has been that many good persons have not only been imprisoned, but have lost their property, and even their lives."
To which Mr. Mc Allister coolly replied: --
"It is better that a few should suffer, than that the whole nation should lose its Sabbath."
This argument is identical with that by which the Pharisees in Christ's day justified themselves in killing him. It was said: --
"It is expedient for us that one man should die for the people, and that the whole nation perish not." John 11:50.
And then says the record: --
"Then from that day forth they took counsel together for to put him to death." Verse 53.
It is because of these principles, unblushingly avowed by the very men who stand in the lead in the effort to secure the enactment of this national Sunday law; and because of the practical effect of such a law in Arkansas and Tennessee, and to some extent in Pennsylvania, -- it is because of these things that we say to you, gentlemen of the United States Senate, you cannot afford to give to these men the power which they seek in the enactment of this proposed Sunday law. The speech of Senator Crockett's, which I have read, was made in the legislature of Arkansas, when he was pleading for the restoration of that exemption clause, -- when he was pleading for toleration, in fact.
Senator Blair -- Do you know whether this young man had money or friends?
Mr. Jones -- Dr. Lewis, can you certify whether he had money?
Dr. Lewis -- The case was never reported to other churches for relief. I do not know as to his personal estate.
Senator Blair -- Do you not think it was a peculiar man who would allow his child to be killed and his wife to starve?
Dr. Lewis -- The case was not reported to our churches in the North.
Mr. Jones -- About that peculiarity I will say that John Bunyan stayed twelve years in Bedford jail when he could have got out by simply saying the word "yes," and agreeing that he would not preach.
Senator Blair -- It was a very different thing to be called on to say that he would abstain from the performance of a great duty in his church. He preached the gospel, and he would not agree not to preach the gospel. But here is a man who lets his wife and child die rather than pay twenty-five or fifty dollars and get out, and have an opportunity to go to work for them.
Mr. Jones -- What kind of law is that which puts a man upon his conscience to choose between his wife and child and paying a fine of twenty-five or fifty dollars? But suppose he had paid the fine, and got out and gone to work again, how long could he have worked? When the next Sunday came round, it was his duty to his wife and child to work for their support. Is he to go to work on Sunday, and go through the course of prosecution again, and again pay a fine of twenty-five or fifty dollars? How long could this be kept up? There are not many poor farmers who can clear from twenty-five to fifty dollars every week above all expenses, to be devoted to paying regular fines for the privilege of following their honest occupation on their own premises. But it will be said, "Let him not work on Sunday, then he would not have to pay a fine." Well, if he consents to do no work on Sunday, he consents to be robbed of one-sixth of his time, which he honestly owes to the support of his wife and child. For to rob him of one-sixth of his time is precisely what the State does in such a case; and it is either confiscation outright, or confiscation under the guise of a fine imposed as punishment for his refusing to allow himself to be robbed of one-sixth of his time. Either this, or else he must give up his right to worship God according to the dictates of his own conscience and the word of God, and so surrender his rights of conscience altogether. It comes to this, therefore, that Sunday laws are a direct invasion of the rights of conscience.
More than this, Sunday laws are a direct invasion not only of the Constitutional right, but the inalienable right, of acquiring possessing, and protecting property. I here adopt the language of the Supreme Court of California, -- language which can never be successfully controverted: --
"The right to protect and possess property is not more clearly protected by the Constitution than the right to acquire. The right to acquire must include the right to use the proper means to attain the end. The right itself would be impotent without the power to use the necessary incidents. If the legislature have the authority to appoint a time of compulsory rest, . . . it is without limit, and may extend to the prohibition of all occupations at all times... For the Constitution to declare a right inalienable and at the same time leave the legislature unlimited power over it, would be a contradiction in terms, an idle provision, proving that a Constitution was a mere parchment barrier, insufficient to protect the citizen, delusive and visionary, and the practical result of which would be to destroy, not conserve, the rights which they may assume to protect. The legislature, therefore, cannot prohibit the proper use of the means of acquiring property, except the peace and safety of the State require it." -- Ex parte Newman, 9 Cal., pp. 517,510.
But does the peace and safety of the State require it in any such case as is here involved? Can it ever be against the peace and safety of the State for any man to follow his honest, legitimate, and even laudable occupations? It is against the peace and safety of the State to prohibit it. For, as I have before conclusively proved, for the State to do so is for it to put honest occupations in the catalogue of crimes; to put peaceable and industrious citizens upon a level with criminals; and to put a premium upon idleness and recklessness. It is certainly against the peace and safety of any State to do any such thing. Therefore it is demonstrated that Sunday laws are an invasion of the inalienable right of acquiring and possessing property, and for that man in Arkansas to have obeyed that law, would have been to surrender his inalienable right.
Once more: As the right to acquire property includes the right to use the proper means to attain that end, and as such a law deprives a man of the use of such means during one-sixth of his time, it follows that it is a violation of that provision of the Fourteenth Amendment of the United States Constitution, which declares that "no State shall deprive any citizen of life, liberty, or property, without due process of law."