"If I had the least idea of any difficulty resulting from the Constitution adopted by the Convention of which I had the honor to be President when it was formed, so as to endanger the rights of any religious denomination, then I never should have attached my name to that instrument. If I had any idea that the General Government was so administered that liberty of conscience was endangered, I pray you be assured that no man would be more willing than myself to revise and alter that part of it, so as to avoid all religious persecution. You can, without doubt, remember that I have often expressed my opinion, that every man who conducts himself as a good citizen is accountable alone to God for his religious faith, and should be protected in worshiping God according to the dictates of his conscience.
[Signed,] GEORGE WASHINGTON."[10]
The Congressional Committee on Post Offices and Post Roads, to whom were referred certain memorials for prohibiting the transportation of mails and the opening of post offices on Sunday, in the 43d session of Congress, A. D. 1830, reported unfavorably to the prayer of the memorialists. Their report was adopted and printed by order of the Senate of the United States, and the Committee was discharged from the farther consideration of the subject. That Committee take the same view of the intent of the Constitution as did General Washington. They say:—
"We look in vain to that instrument for authority to say whether first day, or seventh day, or whether any day, has been made holy by the Almighty." ... "The Constitution regards the conscience of the Jew as sacred as that of the Christian; and gives no more authority to adopt a measure affecting the conscience of a solitary individual, than that of a whole community. That representative who would violate this principle, would lose his delegated character, and forfeit the confidence of his constituents. If Congress should declare the first day of the week holy, it would not convince the Jew nor the Sabbatarian. It would dissatisfy both, and consequently convert neither." ... "If a solemn act of legislation shall in one point define the law of God, or point out to the citizen one religious duty, it may with equal propriety define every part of revelation, and enforce every religious obligation, even to the forms and ceremonies of worship, the endowments of the church, and the support of the clergy." ... "The framers of the Constitution recognized the eternal principle, that man's relation to his God is above human legislation, and his rights of conscience inalienable. Reasoning was not necessary to establish this truth; we are conscious of it in our own bosoms. It is this consciousness which, in defiance of human laws, has sustained so many martyrs in tortures and flames. They felt that their duty to God was superior to human enactments, and that man could exercise no authority over their consciences. It is an inborn principle, which nothing can eradicate." ... "It is also a fact, that counter memorials, equally respectable, oppose the interference of Congress, on the ground that it would be legislating upon a religious subject, and therefore unconstitutional."
Impartial Judiciaries have taken the same view of these provisions of the Constitution, and have declared the laws enforcing the observance of the first day of the week unconstitutional, as may be seen in Judge Herttell's book, "The Rights of the People Reclaimed;" also in "An Essay on Constitutional Reform, by Hiram P. Hastings, Counselor at Law."
On the 2d of October, 1799, at New Mills, Burlington County, New Jersey, a Seventh-day Baptist being indicted before a Justice of the Peace for working on Sunday, and fined, he appealed. At the trial in Court, the foregoing letter from General Washington was produced by the Judge, and read in his charge to the Jury. The result was acquittal by the Jury.
In the year 1845, the Court of Hamilton County, Ohio, made a similar decision in a like case, and on similar considerations.
A Committee of the Common Hall of the City of Richmond, Virginia, to whom was referred the case of certain persecuted Jews, have made a like decision on the municipal laws of that City, which have been construed to enforce keeping the first day.
The Post Office Laws are framed in accordance with these provisions of the Constitution. The Act of March 3d, 1825, section 1st, authorizes the Postmaster to "provide for the carriage of the mail on all post roads that are or may be established by law, and as often as he, having regard to the productiveness thereof, and other circumstances, shall think proper." Section 17th provides, "that every Postmaster shall keep an office, in which one or more persons shall attend on every day on which a mail shall arrive by land or water, as well as on other days, at such hours as the Postmaster General shall direct, for the purpose of performing the duties thereof; and it shall be the duty of the Postmaster, at all reasonable hours, on every day of the week, to deliver on demand any letter, paper, or packet, to the person entitled to, or authorized to receive the same." The laws against labor on the first day, in each State where they exist, are obliged to except the mail-carriers and the postmasters. But we ask our fellow-citizens to consider by what show of justice, any local tribunal can punish a private citizen for doing that on his own account, which the servants and officers of the United States are doing at the same time, for the use of the people, and by a law of the same Government? Suppose a carriage conveying the United States Mail, should enter the City of Philadelphia on Sunday; and another carriage, containing goods or wares for the next day's market, should enter at the same time and by the same route; with what show of justice shall the driver of the market carriage be put under arrest and fined, and the driver of the mail carriage go free? Or suppose there should be a postmaster assorting his letters on the first day, and a fellow-citizen selling pens, ink, paper, and wafers, to write the same letters, in another part of the same building; with what show of justice shall the tradesman be fined and the postmaster go free? The officers of the United States Government have no national rights above the humblest citizen. The transgression of law by them is as really a crime as in the case of any other citizen. Our Government knows nothing of those kingly rights which set emperors, monarchs, and their servants, above law. If, therefore, there is no transgression of constitutional law in carrying the United States Mail on the first day, then there is none in a private citizen following his otherwise lawful and peaceable occupation on the same day.
In some quarters, during the last year, our motives and designs were grossly misrepresented by prejudiced persons, in our legislatures and elsewhere. We were represented as "wishing the legislature to change the Sabbath from the first to the seventh day of the week;" and were accused of "covertly wishing to compel our fellow-citizens to keep our Sabbath day." No insinuation could be more grossly deceptive—no accusation more flagitiously unjust to us as a people. We declare unequivocally, that we do not desire any such thing. We believe that keeping the Sabbath day is purely a religious duty. All we ask is, that our State Legislatures leave the matter where the Constitution of the United States and the laws of the General Government have placed it. They have no more right to determine this religious duty, than they have to determine the rites of Christian worship. We believe our fellow-citizens ought to be protected in the peaceable observation of their day of religious rest, as in the observance of every other religious institution, except where such observance is made a sanctuary for crime. We ask the same protection for ourselves on the seventh day of the week, and nothing more.