3ittfritait Vtf,ginjtgialt THURSDAY. OCTOBER 11, 1866 CONTENTS OF INSIDE PAGES SECOND PAGE—FAMILY CIRCLE: Psalm Vl.—Ralph Norton (Concluded)—Thought lessness—Reynolds as a Painter of Children—The with Unruly Children—False Teaching — Fre o ddie' a s Triumnla—Be Honest: an Incident at a Recent Fire—Losing the Ile pPY out of the Heart — Drinking by the Acre. THIRD PAGE—EDITOR'S TABLE: Fisk's " Recollections of Mary Lyon, with Selec tions from Her Instructions to the Pupils of Mount Aolyoke Senile ary"—Juveniles : McConaughy's "One Hundred. Gold Dollars:" Brach's " Charity Helstone :" ' Duties and Difficulties, or Mary Mathison:" Trowbridge's "Nettie Wallace—Ma gazines and Pamphlets. beam:Talc: Plan for Meteorological Observa tions at Sea—Sewing-Machines and Needlewomen —Atwther Atlantic Cable. PAGE—CORRESPONDENCE: Erasmus: a Sketch from the History of the Re formation in the Netherlands—Letter from Kola poor—A Day upon the Hudson. RURAL ECONOMY: The Marketing of Produce - - Salt or no salt? — The White Grub among Straw berries. SEVENTH PARE—AMERICAN BOARD: ftterferenea in Foreign Missions; Dr. Wood's Re port. THIRD PRESBYTERY. The autumnal stated meeting of the Third Presbytery of Philadelphia was held on Tuesday of last week, in the Southwestern (Rev. J. McLeod's) Church. Rev. H. Augustus Smith was chosen Moderator, and Rev. Martin P. Jones, Temporary Clerk. One new member was received—Rev. Irving L. Beaman, from the Presbytery of Cort land, and arrangements were made for his installation, on the evening of the 11th inst., as pastor of the Logan Square Church. The appointments for the service are the Moderator to preside, Dr. Butler to preach the _sermon, Dr. March to deliver the charge to the pas tor, and Dr. Patton, late pastor, that to the congregation. Standing Committees were ordered, and it is expected they will this week, at an adjourned meeting, be appointed to secure the co-operation of the churches in the work of the Assembly's new Permanent ; Committee on Sabbath schools, and also to promote the .Sup plemental Fund of the Church Erection Committee.- The narratives of the state of reli gion in churches, covering only the last six months, including the long summer vacations, presented few features of special interest. The West Chester Church was, however, an exception. There the influences - of the extensive revival, reported last spring, have come along down through the, season, and considerable and interesting additions have been made to the church. The pastors of most of the churches reported a pleasant state of religions feeling, and some of them, particularly the Potts ydle pastor, alreadybeheld indications In the evening the Presbyterial ser mon was preached by the last Modera tor, Rev. Isaac Riley. Its purport.-- and excellently it was carried out—was to exhibit the power of love, and its superiority to mere conscientiousness respecting the performance of simple duty, for promoting and sustaining Christian faithfulness and usefulness. Peculiarly pertinent illustrations were drawn from the history of the times. There was a liberal turn-out from the congregation to this service—a thing which, we are sorry to say, is none too common at Presbyterial religious ser vices in our churches: It was to the Presbytery one of the most interesting circumstances of this meeting >thus to meet with this congregation, and con gratulate them on the . completion, debt free, of their spacious and - really beau tiful house of worship, finished and furnished to the utmost requirement of comfort and wholesome taste ; and to sing with these " old country" brethren their hearty ' praises in the lan guage of their old Rouse's version, a connecting link with their historic eccle siasticism, preserving to them in their present relations the flair.or, of the old. The Presbytery felt it not in vain that, when this church was in deep waters, it assumed in its behalf heavy responsi bilities, and encouraged it 'to _hold on and hope on. It has now few if any churches through which it feels itself more honored, or where it is doing a better work. For its nest stated meeting, the Pres bytery resolved to visit' its youngest daughter, the Chester City Church, re cently domieiliated in.her he.atitiful (Jab-, • One .featiire of this session which stirred the pulse,was a short address, called out by r9quest of members, from Rev. Dr. Allen, of , the 01c1 School Pres bytery of Nashville; a visiting brother. Dr. Allen in feeling terms spoke of his joy in once more, after long years of ec clesistical loneliness, finding himself amid the association of a meeting of Presbytery. His own Presbytery, at the outbreak of the rebellion, had re solved itself into a component part of the Southern Presbyterian schism.. He and his church had refused to accompa ny them, and remained alone, amid storm and obloquy ; until the collapse of the rebellion, and the first humbling of the rebels, made them, for the time being, the object of paculiar regard from returning rebels. Then his favor was sought ; ministers,shook him fervently by the hand; invited, him to preach for them, and there was no' church in Nash ville to which he could not• find " wel come entrance. Since:then, something which seems to have come from'the North, some new influence from some quarter—perhaps we could tell better ,than himself Whence—had come down upon them and thoroughly restored to activity all the old rebel spirit of pro scription and hate. There was now no Presbyterian minister in Nashville to bestow on him the common civilities of a gentleman, to say nothing of those due from one minister to another; and no church but his own where he would be allowed to officiate. To a union man, Nashville was never a more intolerable place of residence than now ; and the serpent hiss of rebel women never more keen than now. Our last tope, he said, is now in your impending action. Your doings for the next few days will almost determine the question whether it will be safe for me to return—whether, in fact, the incorruptibly loyal people now in Nashville will not be compelled to emigrate. Pas' ti OUT eijitttos. LETTER 07 THANKS.-A grateful con gregation, whose prosperity is now and prospectively of great importance to our cause in its region, sends us the follow ing EDITOR AMERICAN PRESBYTERIAN= Dear Sir :—I desire to say through your columns, for the information of our friends in the East, that we have suc ceeded in furniShing our chapel for the First Presbyterian Church (N. S.) of this city, and our church and Society are now in a most prosperous condition. Rev. Michael Hummer has been greatly instrumental in bringing about this happy result. He acted as our agent, for a time, at the East, and immediately on his return gave us a full and most satis factory report of his agency, giving us in detail the names of churches and individuals who have so kindly assisted ns and relieved our little church of em barrassments. In behalf of our society, I desire to tender our unfeigned thanks. Respectfully, W. P. MONTGOMERY, Treas. Board of Trustees of the First Pres. Church, Lawrence, Kansas. lOWA CITY PRESBYTERY.— The Action of _lowa City Presbytery as to the Schism of the First Constitutional Presby terian Church of lowa City, and the Agency therein of Rev. George. D. A. He bard and Rev. Benjamin Talbot. Extracts from the records of Presbytery in session at Marengo, Sept. 12, 1866. The committee to whom was referred the matters appertaining to the schism of the First Constitutional Presbyterian Church of lowa City, after careful deliberation and consideration, as fully as time would permit, report to Presbytery as follows : 1. That' the action of the Session, Trus tees, and a majority of the members of the Constitutional Presbyterian Church of lowa City, being without advice or authority of Presbytery, was irregular and disorderly. 2. The. Elder, Joseph Love 2 and the mi nority, who have proved faithful to the ••••.: • • • • • °hawk, and the Session and onstitutional '• • - uru u UN a City, are entitled by law, ecclesiastical and civil; to all property bOth real and personal, including all moneys on hand at the time raised for chuich purposes. Resolved, That the Constitutional Presby terian Church of lowa City were justified in electing James Cavanagh, Joseph Love, and• Nicholas Oakes, as Trustees, for the preser vation of their property. Extracts from the minutes of the Pres bytery in session at him City, September 27, 1866. The special committee to whom was re ferred the report of committee of investiga tion in regard to certain general rumors re specting certain members• of this body, in relation to the division of the First Con stitutional Presbyterian C is urch of lowa City, report that Presbytery has heretofore de clared, that the proceedings of the Session, Trustees,- and a majority of the Church, as it was before the disruption, were irregular and disorderly; and now find in a session at lowa City, that the Rev. Geo.-D. A. Hebard, stated supply - of said Church. it, the time, and the 'Rev. Benj, Talbot, a Trustee and sup porter of said Churah, both members citlowa City PresbyterY, have had au 'active -agency in bringing about this result. But, upon their acknowledgement of their errors in.acting, without authority or coun sel of the Presbytery, in promoting this unhappy division, 'the Presbyter y grant the ministers aforesaid letters of dismis sion to the Grinnell Association, according fo their request (Signed,) - F. L. ARNOLD, A. DAEMON, COM. BEN. TALBOT. The majority of the same committee further report the following resolution, which was adopted.. , Resolved, That Presbytery regard the right of the - minority, being the present' Presbyterian Chuich, to hold all the real and personal property, and all moneys raised for Church'purposes and not 'expended prior to the division of the church ; and cannot at this time recommend' the discontinuance of the Constitutional Presbyterian Church, but would recernmend a committee empowered to advise with the First Constitutional Pres liYferian- Ohnich of lowa CitY4. and.that:this committee be, Alexander Porter and Samuel Storrs tHowe, 'Ministers, and . Alnion Barnes, Elder. • - (Signed,) _ • F. L. ARNOLD, om I , •P ' PubliSlied by , order of the:Presbytery of lowa•City. • . A true , eopy:•of the minutes. SA** T• STORRS How', Stated Clerk. TEMPERANCE-SYNODICAL ACTION.- The Synod of Western Pennsylvania, at its meeting in Meadville, Sept. 28th, adopted the following paper on Temper ance :-- 1. In ; the great increase and exten sh;e prevalence of intemperance, we re cognize ft •great danger to our country and reproach• to the Christian Church. 2. We hail, as one of the most encour aging signs,of the times, the revival of the cause oftemperance throughout oar land ; and especially that this cause is now more directly identified with the thristian Church than ever before. 3. It is the duty of every church 'member to set. himself actively• against the practice of moderate drinking, be cause it is the nursery of drunkenness. THE AMERICAN PRESBYTERIAN, THURSDAY, OCTOBER il, 1566 LAWRENCE, -KANSAS 4. We commend to the consideration of the churches, the action of our late General Assembly, which asserts that the use of intoxicating drinks as a bev erage, however moderately, is contrary to the word of God. 5. We recommend that this cause be made much more prominent in all our Sabbath-schools. 6. It is ordered that this testimony be prepared for publication in the follow ing papers : —New York Zvangelist, American Presbyterian and Christian Herald; and also that it be read in all the pulpits of our Synod on the first Sabbath in November, or • as soon there after as may be. By order of Synod. ( C orn. P. S. DA.lam, JOSEPH DlOxsoN. MEADVILLE, Oct. Ist., 1866. SYNOD OF lOWA.—At the late session of this Synod, held in Marshalltowa, an important and energetic move was made for the advance of the Home Missionary work within its bounds. It appears that the Synod's Committee on this sub. jest had_ applied ti the Assembly's Per manent Committee for the appointment of a minister whom they had found qualified and willing for the service, as a Synodical Missionary, but that the Permanent Committee had been com pelled, by the state of its treasury, to withhold the appointment. In view of this state of things, the members of the Synod, by a unanimous - vote, pledged themselves to labor at - least to double the amount of their respective Home Mis sionary collections, and to make that pledge the basis of a Jrenewal of the ap plication` for a Synodical Missionary. The resolution speaks of the necessit for such a laborer as extreme. Th statistical report showed that the Syne has fifty-four ministers, fifty-nine churches two thousand three hundred and fifty four communicants, two licentiates. and, four candidates for the ministry. There has been, during the year, an increase of three ministers, two licentiates, three churches, and two hundred and sixty eight communicants. PRESBYTERY OF HURON.—This Pres bytery, at its stated meeting held last, month, found the reports on the state q religion more than commonly interest ing, showing that God's blessing has, attended the labors of his servants in a unwonted degree. Eight of the churche have, during the year, been speciall refreshed with religious influence, anon which those of Milan, Plymouth an Monroeville have had the largest acce sions. The two former have receive upwards of fifty each, and the latt thirty, by. profession. Much int rest w manifested in the Presbytery for i home work, and it was resolved that be recommended to the churches to' gill up one sermon eactinoitth, if necessart Le pastori — may take thE time for ministering in destitute neig borhoods. KINGSTON, TENN., PRESBYTERY. Messrs. Editors :—I am instructed_ send you the following report for pub cation:— The Home Missionary work of t.: N. S. Presbyterian Church has ma. - festly assumed, during the present yea a magnitude and importance great: than in any previous period of her hi: tory. New, inviting and extensive fieli: of labor have been opened ; and froth almost every section of the vast Amer - can Continent she hears the Macedobia. cry, " Come over and help us." Th Church must not neglect to fill thes fields with efficient laborers ; she mu not turn a deaf ear to this importan cry. The call for men and money t r meet the demands of the work, is lout and imperative, and the appeal to th. liberality of all our people is unanswer able. They cannot fail to elicit a prompt and hearty response. The Minutes of the General Assem bly, as well as the history of the Church, demonstrate the fact that those bra nches of the Church which practice the largest beneficence have bben most abundantly blessed and prospered!=that the, reflex influence of benevolence is powerful for good upon the churches that practice it. And, it is hoped, for the improvement of our own field in East Tennessee, shat . ministers and churches will devise 'adopt some plan of systematic benefi cence in — this time of: need. Therefore ; Resolved, Ist. That the ministers of Kings ton Presbytery, appreciating' the demands and difficulties of the Home Missionary work, be enjoined to present its claims at the ear liest practicable period to their respective charges, aad to make a united effort, on the. first Sabbath in October, to raise contribu tions for the use of the Presbyterian Home Missionary Committee. - "'2d. That' the ministers of our respeetive churches urge their people to hold monthly' concerts of prayer for the conversion of the world ; and that it' is hereby suggested that the contributions raised at these concerts= be equally divided between the Home and For eign fields. • 3d. That as the necessities of our Zion re quire it; as prosyerity always attends the churches distinguished for benevolence ; and as God's unerring Word assures us, "It is more blessed to . give than receive,", we would therefore earnestly recommend to our ministers, church sessions, Sabbath-school superintendents and teachers, to devise and put into execution some measure of sys tematic beneficence, in order that the habit of giving may be cultivated, and that the treas ury of the Lord may be filled. 4th. That the funds raised in our seveiti churches in. October next, be forwarded to the Committee of Home Missions, New York, Rev. H. Kendall, D.D. Secretary. sth. That as the Presbyterian Monthly, published at Philadelphia, is a valuable or gan to aid in diffusing missionary intelli gence and to promote beneficence, we recom mend the introduction of it into all the churches within our bounds. A true extract from the minutes. Wm. B. BROWN, , Stated Clerk of Presb. of Kingston. CLEYEkeign, Txxx., Sept. 15, 1866. SALEM, IND. PRESBYTERY.—At the recent meeting of this Presbytery, the Church of Mt. Zion asked and obtained leave to employ Rev. Henry W. Fisk, of Vincennes Presbytery, (0. 5.,) as stated supply. The Christian Herald says that he enters upon this field in conjunction with a near Old School church, under very pleasant-prospects, and with the hearty good wishes of the Presbytery. At the same meeting, a subject which meets the most serious ,consideration was taken up, and the 'following resolution concerning it adopt ed, viz : "That it be enjoined on all of our pastors and stated supplies to labor and develop the spiritual life and .working power of their Sessions in the respective churches; and to this end, that the sessions be requested to' hold, hold, at least, monthly meetings." NORTHERN NEW Yonik..—The Presby tery of Champlain has given a pastor to the church in Essex, a pleasant little town on the west shore of Lake Cham plain. Mr. C. N. Wilder was ordained nd installed in the pastorate there on le - 11th ult., Rev. E. Cutter, D.D., Worcester, Mass., preaching the ser eon, and Rev. Messrs. H. E. Butler 'and A. D. Barber giving the charges. MINISTERIAL.—The Presbytery of Montrose, on the 12th ult., ordained gr. William A. Dunning to the work of the Gospel ministry. Mr. D. is ministering as Stated Supply to the church in Haw ley, Wayne Co., Pa.—Rev. German I. Chatterton,, a recent graduate of the Auburn Seminary, has taken charge of the church in Janesville, lowa. .Rev. S. B. Bell, D.D., 'formerly of California, is about to be'installed at Lyons, N. Y. —Bev. J. S. Bingham, has transferred his relation from the Genesee River Presbytery, Old School, to the Genesee Valley Presbytery, N. S.; and is preach ing at Belmont, N. Y. Rev. S. H. Hoore has become Stated Supply of the church at Susquehanna, N.. Y . SAN FRANCISOO.—The correspondent of The Evangelist says that Dr. Scud der's popularity suffers no abatement, his house being crowded at every ser vice. In a little over a year, which covers the - time of his residence here, he has received 120 additions to his church, a large proportion of the number being on_profession of faith. This is a larger increase than has ever characterized any communion here covering, the same -time. The new house of worship erect ed for his cburch is expected to be ready for occupancy before the year closes. It is well located, and will seat about 1200 Persons. SUNDAY CAR QUESTION. ARGUMENT FOR THE COMPLAINANTS , In the Supreme Court of Pennsylvania, Oct 3d. and sth, Judgee - Strong upon the Bench. AROURIENT OF MR. PATTERSON C. Stuart Patterson, on behalf of the corn, plainants, openened the argument. Mr.. Pat terson said i —There are to be argued to-day two motions for a special injunction to restrain the Union Passenger Railway Company from running its cars on. Sunday; one, at the suit of a stockholder in the company ; the other, at the suit of sixteen citizens of Philadelphia, six of whom occupy houses on the line of the road over which the Company runs its cars, and ten of whom are pewholders in churches, also on that line. I will, in the first place, cdnsider the stockholder's bill. The right of the owner of one or more shares of stock in a corporation, to the inter position of a court of equity to restrain the corporation from action "ultra vires" is well settled ; so well settled, indeed, that it has been held in some cases (Of which Sandford vs. The R. R. Co., 12 }iar. 378, is one,) that even if the complaining stockholder is acting in the interest of a rival corporation, and has but lately purchased his stock, and that for the, very purpose ot asking the court to en join, he shall, notwithstanding, -have the re lief prayed, if the action sought to be re strained be really " ultra vires. ' That the action here sought to be restrained, the run ning of these cars on Sunday, is-not within the corporate power of the •Company defend ant, will appear from • the following considera tions : The Act of April 22d, 1794 forbids "`worldly employment or business on the Lord's day, commonly called Sunday. The judicial construction of that Act has been settled by a long series of cases, of which the most important is The Commonwealth, vs. Jeandelle, 2. Grant's Bep.,in which Judge Thompson expressly decided that the run ning of street cars on'Sunday was within the prohibition, and not within the exceptions of that Act. If that be the law, as I believe it is, it is unlawful for this Company to run its cars on Sunday, unless it can.showsome special power enablifig it so to do. Its charter contains no express , power to that effect. Implied power therecannot be, for a corporation can only ',exercise the pow ers expressly granted to it, and such implied powers as are incident to all corporations,i or essential to thepowers granted. The power to ran cars on Sunday is neither incident'to corporations in, general, nor necessary to. the exercise of the power of running those cars on the days of the week. But it is contended- for the defendants, that their mail contract gives them the, need ed power. To this we answer, that the con tract with the Post-office Department is invalid, for want of power on theart of the corporation to enter into _p it. They were chartered by the Act of April Bth, 1864, the 4th section of which expresses the legislative intent that they - shall transport passengers :only; and by the Bth section of the same act, it is declared that the Company thereby in corporated, " shall be subject to the ordinan ces of the city of Philadelphia,regulating the running of passenger railway cars, one of which ordinances, that of April Ist, 1859, declares in express terms, "that no passen ger railway shall, at any time, be used for any other purpose than passenger travel." But even if the company Gould enter into the contract, that contract could not -author ize the company to carry passengers in viola tion of the municipal law of the State, for the reason that the company can fulfil its contract to the very letter, without carrying a passenger, indeed, without running a car. They can carry the mail by private messen- Wpr, on foot, on horseback, or in , wagons. hatever the nature of that mail contract, however great the privileges it' confers, the carrying of passengers for hire i ) n defiance of the law of the State, cannot be a necessary incident to it, but must be regarded as a die- tint business, and as such, not to be pro tected by the mail contract. Lastly, with regard to this stockholder's bill, it is to be remarked, that he asks the aid of equity to restrict corporate action within legal corporate limits, and does not seek to restrain it in one lawful act, nor to de prive it of one legitimate source of profit. I contend, therefore, that the complainant is entitled to the relief he asks, and that the injunction should be granted, because the corporate action complained of is clearly "ultra wires," is a breach of the contract of partnership, to which the complainant is an interested party, and endangers the loss of his stock by imperilling the corporate franchise. In the second place, the citizens' bill _ It is well settled that a private individual may maintain a bill for an injunction in a case of public nuisance, when he suffers a particular injury therefrom. In this case, there is, first, the injury to the citizens at large, in the use of the public streets, on Sunday, without authority of law ; and, second, the injury to the complainants, in noise caused by the running- of the cars, which disturbs the quiet of the Sabbath, interferes with the complainants' enjoyment of their property in their houses and pews in churches ; and, in the opinion of many witnesses, has seriously diminished the value of those homes and churches. If the law authoriied the cars to run on Sunday, and the complainants asked the court to en join, as the ground of injury to their rights of property, it might then be proper to ask if the damage to them was irreparable ; but in this case, the acts which disturb and an noy are forbidden by law, and in order to se cure the aid of chancery, it is only necessary , to show a substantial injury; the amount of that injury is immaterial; fox it has been often decided that a corporation will be kept within the limits of its legal powers, and that when it oversteps the bounds of law and infringes upon the right of individuals, a court of equity will enjoin. One word as to the penalty imposed by the act of 1794 for the commission of acts forbidden by it. It will be argued upon the other side, that in the exaction of that pen alty is our only remedy. That cannot be; • tr it would convert the penalty into a license; and it' has been decided in a late English . case, that a court will enjoin the commission .of acts, upon which commission a penalty de die m diem has been imposed by law. I have but a few more words to say. I have not adverted to the question of the ab stract right of the companies to run their cars on Sunday—not from any want of firm conviction as to the wrongfulness of so doing, but because I have felt that it was not di rectly in issue in this case, and that my duty did not permit me to diverge from the main point in the case for the discussion of any topics, however interesting in themselves, or however important as bearing collaterally on the main question. I conchble ' in the hope that your Ebner will grant to the complainants the relief they ask, and, in so doing, will confirm to them, in common with all the citizens of Philadel ghia, the undisturbed enjoyment of the Sab ath day. ARGUMENT OF HO. McELROY. Wm. J. McElroy, Esq., continued the argument on behalf of the complainants. After remarking upon the great importance of the case, and the gravity of the subject to be discussed and the rights involved, he said :—There is one thing to be mentioned here, at the outset of the- cause, and to be steadily borne in mind throughouti it—for I regard it as the thread running through _the labyrinth,and this is, that the - defencl:- ants stand here to-day violators of the law, while the complainants are here as its sup porters, asking for its enforcement; they are seeking, to shield themselves from the result of an infraction of law ;—we to protect our selves and the community in which we live, nay, even to protect the defendants them selves and all the witnesses they have pro duced in their behalf, from the evil conse quences which have flowed and will flow, as they must always be expected to flow from transgression of the law. Both of the bills filed allege that the de fendants are violating a particular law. What is this law? It is one of the most venerable, • and at the same time, one of the most useful laws that has ever been placed upon our statute books. For one hundred and eighty four years it has remained there, and during all that time, though modified in terms, has never been altered in spirit. The modifica tions that have been made, have been to ex tend and enlarge its operation; and the almost universal obedience that has been willingly rendered to it throughout our State, is no slight evidence of the high estimation with which it has been regarded by the peo ple. In a case like this ' it will not be regarded as at all improper to refer to the history of this Sunday law. By doing so, we shall learn something of its reason and spirit, which will assist us in giving it a proper ap plication. The charter granted to William Penn by Charles 11., on the 4th of Mareh, 1681, gave him power to govern and to make laws, "by and with the assent and approbation of the freemen of the country or the greater part of them, or of their delegates or deputies." The spirit in which he received this charter, is manifested in a letter written by him on the next' day, to his friend Robert Turner, in which he uses this language :—" It is a clear and just thing, and my God, that has given it to me through many difficulties, will, I believe, bless and make it the seed of a nation. I shall have a tender care to the government, that it will be well laid at first." Penn remained in England, corresponding with his deputies in regard to the well being of the settlement, and while still there, pub lished his -Frame of Government, or, as he called it, the. Charter of Liberties of the Pro vince. This paper is dated April 25, 1682, and' in it; after providing for the Provincial Council of seventy : two persons, the General Assembly not exceeding -two hundred per sons, the erection of public schools, the re ward of authors of useful sciences and inven tions, the. establishments of courts, the con duct of all elections by ballot, he recognises the sanctity of the Sabbath by declaring that no official business should be perffirmed by any department of the Government on the Lord's day. The Charter of Liberties was followed on the sth of May, 1682, by the "Laws agreed upon in England." By the first of these, the Charter of Liberties was declared to be the fundamental law of the Province, so that it was in fact, the first Constitution of Penn sylvania. Religious liberty, and the observ ance of the Lord's day, were also provided for by these laws: In September, 1682, Penn lett England and arrived at Chester, about the Ist of De cember. Here, on the - 4th of December, 1682, the first General Assembly met, and in a shert session of three days, passed three great and important laws,—the act of union, the act of settlement, and the act with which we are more immediately concerned, " The Great Law, or the body of Laws of the Pro vince of Pennsylvania." Regarding this, as it really was as the foundation of all subse quent enactinents, I quote its preamble and first section in full: " Whereas,the glory ofAlmighty God, and the good of mankind, is the reason and end of government, and therefore government in itself, is a venerable ordinance of God ; and forasmuch as it is principally desired and in tended by the proprietary and governor, and the freemen of the province of Pennsylvania, and territories thereunto belonging, to make and establish such laws as shall best preserve true Christian and civil liberty, in opposition to all unchristian, licentious, and. unjust practices, whereby God may have his due, Cassar his due, and the people their due, from tyranny and oppression of the one side, and insolence and licentiousness of the other, so that the best and firmest foundation flay be laid for the present and future happiness of both the governor and people of this pro , vine and territories aforesaid, and their pos ' terity, Be it therefore enacted, etc., that these following chapters and paragraphs shall be the laws of Pennsylvania and the territories, thereof : . _ " 1. Almighty God being only Lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith and. worship, who only can enlighten the mind, and persuade and con vince the understanding of the people in due reverence to his sovereigntylover the souls of mankind. it is enacted by the authority aforesaid, that no person, now or at any time hereafter living in this province, who shall confess and acknowledge one Almighty God to be the creator, upholder, and ruler of the world, i and that professeth him or her self obliged n conscience to live peaceably and justly under the civil government, shall in any wise be molested. and prejudiced for his or her conscientious persuasion or practice, no r shall he or she at any time, be compelled tofre quent any religious worship, place, or minis try whatever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any interruption or reflection; and if any person shall abuse or deride any other for his or her different persuasion and practice in matters of religion, such shall be looked upon as a disturber of the peace, and be punished ac cordingly. But to the end that looseness, irreligion and atheism, may not creep in la. der pretence of conscience in this province, be it further enacted by the authority afore said, that according to the good example of the primitive Christians, and for the ease of the creation, every first day of the week, called the Lord's day, people shall abstain from their comon toil and labor, that, whether masters, parents, children or -servants, they may the better dispose themselves to read the Scriptures of truth at home, or to fre quent such meetings of religious worship abroad as may best suit their respective per suasions." It will be observed that this enactment re quires the people to abstain from their " common toil and labor." In this it followed the English statute of 29 Charles, 2d, which restrained persons from following their "or dinary callings" on the Lord's day. I said that our law, while retaining all its spirit, had been extended in its operation, and so it will be found that in 1705, the Legislature of this State passed an Act providing tha the people should abstain from toil and labor and any worldly business on that day. This was followed by the Act of 1786, forbidding " any worldly employment or business what soever." The present Act of 1794, was passed to continue that of 1786, and is sub stantially the same in terms, but the remark able and significant difference between these and the former act, is observable, that while the Act of 1705 was called "An Act to re strain people from labor on the first day of -the week," the title of these was "An Act for the prevention of vice and immorality, and to restrain dissipation ;" a clear indica tion of the reasons which actuated the legis lature, and--the purpose- they -intended to accomplish by the passage of these laws. This history of legislative action in refer ference to this subject ; shows so clearly the reason and spirit of the law, and the great and important objects sought to be attained by it, that I need make no comment here upon them. Are the defendants violating this law? If it be intended to argue here to-day that they are not, then I answer that this court has repeatedly .decided that just such acts as those. complained of in this case are direct violations of the law. I shall refer to only three of the more reeent decisions. It may be set up that as the charter does not limit this company in the exercise of its powers to six days of the week, it has an implied right to run its cars every day. Against this position, I cite the case of Omit vs. The Commonwealth., - 9 Harris 434. This was the case of an innkeeper, who claimed that his license authorized him to pursue his occupation on -every day of the week, and therefbre he was not amenable for an infraction of the Sunday law.- The court thought otherwise. They say in their opin ion, "Will not six days' enjoyment, in each week, of the licensed monopoly suffice to provide strangers with that measure of ac commodation which the community is bound to furnish? There is no ground to doubt it. But if not sufficient, some other expedient must be devised. Sunday cannot be girtv up. Strangers and travellers have no right to demand hospitality at such a price. Rest one day in seven was enjoined by the pre cept and example of the author of our exist ence, and sovernment, founding itself on di vine appointment, has made it a civil insti tution. `For the ease of the creation,' said our old act of 1705, as well as that people may'enjoy religious privileges, the first day of the week shall be observed. They justly re garded it as essential to religious freedom, as well as to physical- health and strength. It is an institution deeply seated in the reli gious affections of the community, and ome of the foundations of public morals, and of our political-fabric.' ' If, it be asserted for the defendants, that the running of these cars on Sunday, is a work of necessity or charity, and therefore within the exception •of the statute, then look, at the case of Johnston vs. The Com monwealth, 10 Harris, 109. This was the appeal of the driver of one of a line of omni buses between Pittsburgh and Lawrenceville , who sought to evade the operation of the statute on this very ground. Judge Wood ward, delivering 'the opinion of the Court, says :—" Not a circumstance is suggested on the record to distinguish the work of the de fendant on Sunday from what it was on any other day of the week. As it is not pretended to have 'been a work of charity or necessity on other days, it could not have been on Sun day. Running omnibuses is a mere secular employment, established and maintained for private gain ' ministering and intended to minister, not to the absolute wants of our nature, but to the convenience of the public for a price. No reason can be assigned in favor of such an employment on Sunday, which: might not be urged in behalf of every other form of productive industry. It on a day set apart by Divine command and human legislation, as a day of rest, proprietors and drivers of omnibuses may prosecute their business, why may not farmers and mechanics pursue their equally useful, though less lucrative_, callings? These employments, most other occupations, contribute more o . r . less directly to the public convenience, .51Lct are followed on the same motive, precisely, which establishes and maintains omnibuses° If we construe the statute so as to license the one employment, we must for consistency. ° sake, pronounce that it does not forbid tt re, others, and throw open the tavern, the sto ol. like the work-shop and the market-house on day. - If we decide that necessity and chanty
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