Whatever one does by

been done by himself.

another, is, in law, considered as having January, 1839.

Bill of Rights.

Florida.-Extract from the bill of rights for the government of Florida, while a territory." To the end that the inhabitants may be protected in their liberty, property, and religion, no law shall ever be valid which shall impair, or in anywise restrain the freedom of religious opinions, professions, and worship."(Gordon's Digest, section 1134.)

Here Congress declares invalid any law "which shall impair or in anywise restrain the freedom of religious opinions, professions, and worship." And the law requiring Postmasters to labor on Sunday, if it do not restrain the freedom of religious opinions and professions, certainly does of "worship;" for how can one enjoy religious worship, while compelled to deliver letters, papers, &c.? Both of these laws cannot be binding, any more than in the case of Michigan.

Arkansas.-The following clause is found in the bill of rights for the government of the Territory of Arkansas.-"No law shall be made which shall lay any person under restraint, burden, or disability, on account of his religious opinions, professions, or mode of worship.”—(Gordon's Digest, section 1122.)

By the law requiring labor on Sunday, the consistent Christian Postmaster is constrained to abandon his office, or he is restrained in his religious opinions and privileges. The two laws are not consistent with each other. Let it ever be remembered, that wherever Congress speaks of religion, in connection with our rights and happiness, it means the Christian religion. It does not distinguish between the different denominations of Christians, but it does between Christianity and anti-Christianity, as is evident from what has already been said, and from the laws both of the States and of the Union.

District of Columbia.-See Story's Appendix, U. S. Laws, chap. 86, sec. 1st, from which it appears that the District was to be governed by the laws then (February 27, 1801) existing in the States of Maryland and Virginia. Now if, on examination,

it shall appear that these two States had, at that time, laws against Sabbath desecration, which is more than probable, and laws favoring the Christian religion,* two things already commented upon will appear still more evident, viz., that whenever Congress speaks of religion, it means the Christian religion and that Congress itself, while making laws for the government of its Territories, (as well as the States, while making laws to govern themselves,) believed that it had the right to require the people in said Territories to observe the Christian Sabbath. And, if they had such right, which few if any will deny, then certainly the law requiring labor in the Post-office Department is utterly void.

Powers of Congress-Post-offices.

Congress shall have power to establish Post-offices and postroads." It is well known that, from this clause in the Constitution, it is claimed that Congress derives all its powers in relation to this department. Two constructions have been, by able commentators, given to this clause; one quite restricted, limited, and the other liberal. Among the advocates of the former, were Thomas Jefferson and President Monroe, and more recently a large portion of the south, (as expressed by their Legislatures in relation to "incendiary publications" passing through the mail;) and among the advocates of the latter are Mr. Justice Story and others, referred to in his commentary on the Constitution, from which the following is an extract, specifying some of the things which the advocates of the latter construction claim, as naturally and properly inferential from the clause above given: "In the same manner, to establish Post-offices and postroads is to frame and pass laws, to erect, make, form, regulate, and preserve them. Whatever is necessary, whatever is appro

*The law of Maryland teferred to above, is as follows, viz.: "No person whatsoever shall work or do any bodily labor on the Lord's day, commonly called Sunday; and no person having children, servants, or slaves, shall command, or wittingly or willingly suffer any of them to do any manner of work or labor on the Lord's day, (works of necessity and charity always excepted,) nor shall suffer or permit any children, servants, or slaves, to profane the Lord's day by gaming, fishing, fowling, hunting, or unlawful pastime and recreation." Then follows the penalty,

priate to this purpose, is within the power." Now, whichever is the correct construction, it cannot for a moment be maintained that Congress has the power to do an unconstitutional and an immoral thing in the premises, any more than it can be that an individual can do an unlawful and an immoral thing for another, because he has from him a general or discretionary power of attorney. He may, it is true, do all that is necessary and appropriate to be done, having a regard to the laws of his country, which bind him as a citizen, and to the laws of God, which hold him amenable to a higher tribunal; and so, and only so, may Congress do.

Few will contend that Congress has a right conferred by the Constitution, or that it has the disposition, to undermine the Christian religion, and this republic, upon which it is based, by blotting out the Christian Sabbath, the admitted mainspring of both; since both the Sabbath and this religion have been recognized and protected by the Constitution. And it is not believed that this able commentator ever thought Congress had a right to require labor in the mail department on Sunday; but rather that this subject would come under the head of reserved rights of the States, or the prohibitions of the Constitution. Doubtless Congress has power to do all things in relation to this establishment which would be for the general good, and not inconsistent with the religion which we, as a nation, have adopted, and which it is our duty as well as our interest to cherish. But, by almost universal consent, the nation over, it has been said, that it is not for the general good to allow labor on Sunday. Hence our State and Congressional laws on that subject. Any construction of the Post-office law which leads to those statutes and practices which contravene the laws of God, and of the several States made in pursuance thereof, is a forced construction, tending to the abrogation of the rights of conscience, and illy becomes a Christian people. Such a construction is also against the Constitution, in respect to the rights secured to the several States in this Union. Congress has all the power that exists, to direct in this establishment, as well as in relation to the United States' Courts, &c. But who, in his senses, will contend that Congress has a right to require that body to sit and transact their official business on the Lord's day? No legislature on

earth has a right to require an immoral act, and all good statesmen, from the first dawn of this republic, have considered Sabbath-breaking an immorality. It is by some contended, that in order to the perfection of the Post-office improvement, it is necessary to trample on the law of the Sabbath; but this is an hypothesis without the least foundation, and must utterly fail.

"This Constitution, and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land."-(Story's Commentary, page 693.) Before it is said that the law of the United States making it imperative for Postmasters to violate the law of God, and of the several States made in pursuance thereof, is constitutional, it may be well to examine still further.

Power of the Supreme Court.

"But the judiciary of the United States has no general jurisdiction to declare acts of the several States void, unless they are repugnant to the Constitution of the United States."-(Story's Commentary on the Constitution, page 687.) Now, if the Sabbath-laws of the States are not repugnant to the Constitution, (which no one pretends, but which all, on the contrary, believe to be in exact accordance with that instrument, and the practice of the Government which administers it, except in the case of Postmasters as above,) then it is most evident that the law requiring labor on Sunday is unconstitutional and void.

Powers when in States.

"But as the plan of the Convention aims only at a partial union, or consolidation, the State Governments would clearly retain all the rights of sovereignty which they before had, and which were not by that act exclusively delegated to the United States." (Ibid. pages 148, 149.) The States had a right to Sabbath-laws before the union, and they never delegated such right to the United States.

Powers not delegated.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the

States respectively, or to the people." (Amendment of the Constitution.)

"It is a general principle that all corporate bodies possess all powers incident to a corporate capacity, without being absolutely expressed."-(Story's Commentary, page 752 § 1900.) "All powers not delegated, and not prohibited, are reserved."(Ibid. page 753.)

This is a Christian nation.

A few more extracts may now be added on this topic, before entering upon the last position in the argument. "Now there will probably be found few persons in this or any other Christian country, who would deliberately contend that it was unreasonable or unjust to foster and encourage the Christian religion generally, as a matter of sound policy, as well as of revealed truth. In fact, every American colony, from its formation down to the revolution, with the exception of Rhode Island, (if, indeed, that State be an exception,) did openly, by the whole course of its laws and institutions, support and sustain, in some form, the Christian religion; and almost invariably gave a peculiar sanction to some of its fundamental doctrines. And this has continued to be the case in some of the States down to the present period, without the slightest suspicion that it was against the principles of public law, or republican liberty. Indeed, in a republic, there would seem to be a peculiar propriety in viewing the Christian religion as the great basis on which it must rest for its support and permanence, if it be what it ever has been deemed by its truest friends to be, the religion of liberty."(Story's Commentary, § 1867.)

Establishment of Religion.

"Congress shall make no law respecting an establishment of religion."--(Constitution.)

66 Probably at the time of the adoption of the Constitution, and of the amendment to it now under consideration, the general, if not the universal sentiment in America was, that Christianity ought to receive encouragement from the States, so far as it is not incompatible with the private rights of conscience, and the freedom of religious worship. An attempt to level all