Compact theory a fundamental principle of free govern men.. Original compact implied. Christianity no part of American common law. THE SOCIAL COMPACT. WRITTEN BY JAMES MADISON. Although the old idea of a compact between the government and the people be justly exploded, the idea of a compact among those who are parties to a government is a fundamental principle of free govern ment. The original compact is the one implied or presumed, but nowhere reduced to writing, by which a people agree to form one society. The next is a compact, here for the first time reduced to writing, by which the people in their social state agree to a government over them. These two compacts may be amusement, within their respective parishes, even on the Lord's day, after divine service is over. But by statute 29 Charles II, chapter 7, no person is allowed to work on the Lord's day, or use any boat or barge, or expose any goods to sale; except meat in public houses, milk at certain hours, and works of necessity or charity, on forfeiture of five shillings. Nor shall any drover, carrier, or the like, travel upon that day, under pain of twenty shillings. "10. Drunkenness. "II. The last offense which I shall mention, more immediately against religion and morality, and cognizable by the temporal courts, is that of open and notorious lewdness. . ." From the foregoing, it is evident that the idea that Christianity is a part of the common law of the American people, is not only contrary to the facts in the case, but it is contrary to reason, human right, and even to Christianity itself. As Jefferson says, Christianity was never intended to be enforced by law, but only in foro conscientiæ; and all attempts at compulsion are now, and always were, diametrically opposed to the teachings of the Author of Christianity. Religious legislation is the heritage that has been handed down to us from pagan times; and in religious legis all these laws can be seen the pagan superstitions. These superstitious ideas were on the statute books of the Roman empire, were adopted by a corrupted Christian church, and carried wherever the empire extended its dominion; were fraudulently engrafted on the common law of England by the supporters of the church, and have thus come down through the Puritans to us to-day—a relic of the superstitious ideas of the dark ages, a confusion of theocratic with other forms of government. Descent of lation. A relic of superstition. of American considered as blended in the Constitution of the Nature United States, which recognizes a union or society of compact. States, and makes it the basis of the government formed by the parties to it. It is the nature and essence of a compact, that it is equally obligatory on the parties to it, and, of course, that no one of them can be liberated therefrom without the consent of the others, or such a violation or abuse of it by the others as will amount to a dissolution of the compact.' Equally obligatory upon all. Importance of the com It must not be forgotten that compact, express or implied, is the vital principle of free governments as pact theory. contradistinguished from governments not free, and that a revolt against this principle leaves no choice but between anarchy and despotism.' Powers of majorities. Vested rights beyond The sovereignty of the society, as vested in and exercisable by the majority, may do anything that could be rightfully done by the unanimous concurrence of the members; the reserved rights of individuals (conscience, for example) in becoming parties their reach. to the original compact being beyond the legitimate reach of sovereignty, wherever vested or however viewed." The government of the United States, like all governments free in their principles, rests on compact; a compact, not between the government and the parties who formed and live under it, but among the parties themselves; and the strongest of governments are those in which the compacts were most fairly formed and most faithfully executed.' 1" Writings of James Madison," volume iv, page 63. Our govern ment rests on compact. 18TH CONGRESS ] March 3, 1825. AN ACT [ 2D SESSION TO REDUCE INTO ONE THE SEVERAL ACTS ESTAB- ENACTED MARCH 3, 1825. Post-offices to be kept open on which mail arrives. SECTION II. And be it further enacted, That every postmaster shall keep an office, in which one or more on every day 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 Postmaster to deliver mail on every day of the week. same. 20TH CONGRESS ] [ 2D SESSION SUNDAY MAILS. Jan. 19, 1829. Report of Senate committee. Motion to dispense with MONDAY, JANUARY 19, 1829.2 Mr. Johnson, of Kentucky, from the Committee on the Post-offices and Post-roads, to whom had been referred several petitions in relation to the transportation and opening the mails on the Sabbath day, made a report, concluding with a resolution, "that the committee be discharged from the further consideration of the subject." Mr. Johnson moved that the reading of the report the reading of be dispensed with, and that it be printed. He re the report. 1 United States Statutes at Large," volume iv, page 102. Extra copies wanted. Legislation upon the sub quested that more than one copy for each Senator should be provided, that he might send copies to his constituents. He believed that legislation upon the subject was improper, and that nine hundred and ject improper. ninety-nine in a thousand were opposed to any legislative interference, inasmuch as it would have a tendency to unite religious institutions with the govern- dency to unite ment. It would have a tenreligion with the state. Motion to print extra Mr. Chambers moved that one thousand copies be printed, and Mr. Hayne, that three thousand copies copies. be printed for the use of the Senate. Mr. Chandler said he had no objection to the printing of any number of copies, except as to principle: it did not appear to him that it was right to order a large number of copies to be printed until the Senate knew what it was, and that they should not be ordered until the report had been read, as it might seem to imply that they approved of the report. Objection made. Petitions an entering wedge to make ment religious political. the govern instead of Mr. Johnson said he had moved to dispense with the reading of the report, because he did not wish to trouble the Senate with the reading of any of his reports. He believed that these petitions and memorials in relation to Sunday mails, were but the entering wedge of a scheme to make this government a religious, instead of a social and political, institution; they were widely circulated, and people were induced to sign them without reflecting upon the subject,' or them without the consequences which would result from the adoption of the measure proposed. There was nothing more improper than the interference of Congress in than the interthis matter. In the more recent Sunday-law agitation of 1888-90, a much more expeditious plan was adopted for obtaining petitioners for Sunday laws. The advocates of religious legislation in many cases simply induced a representative convention or individual of some organization to indorse the petition, and then the names of the thousands or millions of mem People induced to sign reflection. Nothing more improper ference of Congress. Plan now adopted for obtaining "petitioners." Letter of Cardinal Gibbons. Cardinal Gibbons's name counted for over seven million. Senator Blair presents the representative "signatures.' bers of such organization, as the case may have been, were presented to Congress as asking for a Sunday law. The following letters from Cardinal Gibbons and extract from the "Congressional Record," illustrate the plan of work: "CARDINAL'S RESIDENCE, 408 NORTH CHARLES STREET, BALTIMORE, December 4, 1888. “Rev. Dear Sir: I have to acknowledge your esteemed favor of the Ist instant, in reference to the proposed passage of a law by Congress ' against Sunday work in the government's mail and military service,' etc. "I am most happy to add my name to those of the millions of others who are laudably contending against the violation of the Christian Sabbath by unnecessary labor, and who are endeavoring to promote its decent and proper observance by legitimate legislation. As the late Plenary Council of Baltimore has declared, the due observance of the Lord's day contributes immeasurably to the restriction of vice and immorality, and to the promotion of peace, religion, and social order, and cannot fail to draw upon the nation the blessing and protection of an overruling Providence. If benevolence to the beasts of burden directed one day's rest in every week under the old law, surely humanity to man ought to dictate the same measure of rest under the new law. "Your obedient servant in Christ, "REV. W. F. CRAFTS. "JAMES CARDINAL GIBBONS, "Archbishop of Baltimore." This letter saying, "I am most happy to add my name," was taken as the indorsement of seven million two hundred thousand, and so presented to Congress, as the following from the "Congressional Record" of January 17, 1889, shows: "MR. BLAIR: I present petitions of individual bodies, praying for the passage of a Sunday-rest law. Of the petitions, the following analysis is submitted by those who desire their presentation: "PETITIONS FROM NATIONAL BODIES. Analysis of indorsements. "First indorsement is that of the American Sabbath Union, which was officially constituted by official action of the General Conference of the Methodist Episcopal Church, the Home Missionary Society of the Baptist Church, the General Assemblies of the Presbyterian Church (North and South), and the Synod of the Reformed Church, five denominations whose membership together is five million nine hundred seventy-seven thousand six hundred ninety-three. Of the membership of the Brotherhood of Locomotive Engineers, the indorsement of whose international convention stands second, at least twenty thousand citi |