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Thursday, December 22, 2011

Sunday Observance : Democracy In America Alexis De Tocqueville

Appendix E


Although the Puritanical strictness which presided over the establishment of the English colonies in America is now much relaxed, remarkable traces of it are still found in their habits and their laws. In 1792, at the very time when the anti-Christian republic of France began its ephemeral existence, the legislative body of Massachusetts promulgated the following law, to compel the citizens to observe the Sabbath. We give the preamble and the principal articles of this law, which is worthy of the reader’s attention: “Whereas,” says the legislator, “the observation of the Sunday is an affair of public interest; inasmuch as it produces a necessary suspension of labor, leads men to reflect upon the duties of life, and the errors to which human nature is liable, and provides for the public and private worship of God, the creator and governor of the universe, and for the performance of such acts of charity as are the ornament and comfort of Christian societies: – Whereas irreligious or light-minded persons, forgetting the duties which the Sabbath imposes, and the benefits which these duties confer on society, are known to profane its sanctity, by following their pleasures or their affairs; this way of acting being contrary to their own interest as Christians, and calculated to annoy those who do not follow their example; being also of great injury to society at large, by spreading a taste for dissipation and dissolute manners; Be it enacted and ordained by the Governor, Council, and Representatives convened in General Court of Assembly, that all and every person and persons shall on that day carefully apply themselves to the duties of religion and piety, that no tradesman or labourer shall exercise his ordinary calling, and that no game or recreation shall be used on the Lord’s Day, upon pain of forfeiting ten shillings.

“That no one shall travel on that day, or any part thereof, under pain of forfeiting twenty shillings; that no vessel shall leave a harbour of the colony; that no persons shall keep outside the meeting-house during the time of public worship, or profane the time by playing or talking, on penalty of five shillings.
“Public-houses shall not entertain any other than strangers or lodgers, under penalty of five shillings for every person found drinking and abiding therein.

“Any person in health, who, without sufficient reason, shall omit to worship God in public during three months, shall be condemned to a fine of ten shillings.

“Any person guilty of misbehaviour in a place of public worship, shall be fined from five to forty shillings.

These laws are to be enforced by the tything-men of each township, who have authority to visit public-houses on the Sunday. The innkeeper who shall refuse them admittance, shall be fined forty shillings for such offence.

“The tything-men are to stop travellers, and require of them their reason for being on the road on Sunday; anyone refusing to answer, shall be sentenced to pay a fine not exceeding five pounds sterling. If the reason given by the traveller be not deemed by the tything-man sufficient, he may bring the traveller before the justice of the peace of the district.” (Law of March 8, 1792; General Laws of Massachusetts, vol. i. p. 410.)
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On March 11, 1797, a new law increased the amount of fines, half of which was to be given to the informer. (Same collection, vol. ii. p. 525.) On February 16, 1816, a new law confirmed these same measures. (Same collection, vol. ii. p. 405.) Similar enactments exist in the laws of the State of New York, revised in 1827 and 1828. (See Revised Statutes, Part I. chapter 20, p. 675.) In these it is declared that no one is allowed on the Sabbath to sport, to fish, to play at games, or to frequent houses where liquor is sold. No one can travel, except in case of necessity. And this is not the only trace which the religious strictness and austere manners of the first emigrants have left behind them in the American laws. In the Revised Statutes of the State of New York, vol. i. p. 662, is the following clause: -


“Whoever shall win or lose in the space of twenty-four hours, by gaming or betting, the sum of twenty-five dollars, shall be found guilty of a misdemeanour, and upon conviction shall be condemned to pay a fine equal to at least five times the value of the sum lost or won; which shall be paid to the inspector of the poor of the township. He that loses twenty-five dollars or more may bring an action to recover them; and if he neglects to do so the inspector of the poor may prosecute the winner, and oblige him to pay into the poor’s box both the sum he has gained and three times as much besides.”

The laws we quote from are of recent date; but they are unintelligible without going back to the very origin of the colonies. I have no doubt that in our days the penal part of these laws is very rarely applied. Laws preserve their inflexibility, long after the manners of a nation have yielded to the influence of time. It is still true, however, that nothing strikes a foreigner on his arrival in America more forcibly than the regard paid to the Sabbath. There is one, in particular, of the large American cities, in which all social movements begin to be suspended even on Saturday evening. You traverse its streets at the hour at which you expect men in the middle of life to be engaged in business, and young people in pleasure; and you meet with solitude and silence. Not only have all ceased to work, but they appear to have ceased to exist. Neither the movements of industry are heard, nor the accents of joy, nor even the confused murmur which arises from the midst of a great city. Chains are hung across the streets in the neighborhood of the churches; the half-closed shutters of the houses scarcely admit a ray of sun into the dwellings of the citizens. Now and then you perceive a solitary individual who glides silently along the deserted streets and lanes. Next day, at early dawn, the rolling of carriages, the noise of hammers, the cries of the population, begin to make themselves heard again. The city is awake. An eager crowd hastens towards the resort of commerce and industry; everything around you bespeaks motion, bustle, hurry. A feverish activity succeeds to the lethargic stupor of yesterday; you might almost suppose that they had but one day to acquire wealth and to enjoy it.

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