quired in any of its departments, on the day forbidden by his religion?

If Congress has a right to require such labor, can it not require many other things contrary to the Christian religion-as that every member of Congress, of the executive, and every officer of the General Government, shall, on every day of the week, attend to the duties of his appointment, until every Christian shall be excluded from office? But would not such laws prohibit the free exercise of religion, and be unequal, and unconstitutional? Would not this be as effectual a "religious test" as to require a belief in a particular system of religion as a qualification for office? It is by such laws, (and the one complained of,) that “Church and State" are unlawfully united. There is a union, approved of God and beneficial to men. But it consists not in legislating for or against true religion, but in accordance with it. It is hoped Congress will legislate in no other way.

Acts Repealed.

When the act of 1810 was passed, most of the former laws on this subject were repealed, among which are the following: "The Postmaster-General shall provide for carrying the mail on all post-roads that are, or may be, established by law, and as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." So far it is similar to the act of 1810. But the duty required of deputy Postmasters at that time, 1779, up to April, 1810, was different from that required of them now. Hear it. "The Postmaster shall keep an office in which one or more persons shall attend, at such hours as the Postmaster-General shall direct, for the purpose of performing the duties thereof." We also find Congress enacting laws on this subject, February 20, 1792, May 8, 1794, and March 2, 1799, in each of which they say, "that every deputy Postmaster shall keep an office, in which one or more persons shall attend, at such hours as the Postmaster-General shall direct, for the purpose of performing the duties thereof." And here they left the matter to the further direction of the Postmaster-General, instead of requiring them to keep their office open, &c., on Sunday. And why should the Congresses of 1810 and 1825 re8*

quire labor on Sunday in that department? Were they wiser and better than all past Congresses and the Constitution? I cannot find any authority in the Constitution for requiring labor on Sunday; but, from the acts quoted above, is it not most ́apparent that there is much against it? Surely that instrument would not allow a Sabbath for the President, the United States' Court, (and Congress takes one for themselves,) and deny one to those employed in a most important department of Government. But if the clause complained of be not a violation of that instrument, certainly, taking the practice of early Congresses as a criterion by which to judge, it is inexpedient and unchristian. It is against the constitution of Heaven. And what people ever prospered, legislating against God?

In conclusion, therefore, I ask for the repeal of the clause above specified, because it is unequal, (keeping in mind the Christian religion and those who keep the Lord's day, for such, and only such, have been recognized in the Constitution, and by all subsequent Congresses ;) because it is against the best interests of your constituents; because it is unnecessary; because it is believed to be against the spirit, if not the letter of the constitution; and because it is unchristian, and renders this nation obnoxious to the severest judgments of Almighty God. And I cannot believe that I am asking what Congress does not wish were already done.

But, should not this prayer be granted, let it be placed among the archives of this nation, as a standing memorial to each succeeding Congress against every law requiring or encouraging labor on the Christian Sabbath.

WASHINGTON CITY, D. C.,

December 5, 1837.

HARMON KINGSBURY.

APPENDIX

To Harmon Kingsbury's petition to Congress, presented December 12, 1837, praying the repeal of that part of an act of Congress, regulating the Postoffice Department, which is in these words, viz: “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 object of this appendix is to adduce facts and reasons which have, subsequent to the petition, come to the author's notice, showing, it is thought, most conclusively, that this nation has adopted the Christian, instead of the Jewish, Mohammedan, Pagan, or infidel religion, and also that the law compelling Postmasters to violate the Sabbath is impolitic, unconstitutional, and unjust, and ought to be repealed.

The law is impolitic, because a very large majority of the people of these United States acknowledge the authority of the Christian Scriptures, and recognize the decalogue as the moral law of God. This is evident from the fact that there are, it is said, more than two millions of communicants of evangelical churches, and if we may be allowed to add an equal number as stated hearers and supporters of the gospel, there is in this Union a large majority of the adult population on the side of Christianity.

It is contrary to the spirit of our institutions, and exceedingly impolitic, for the representatives of a people to legislate against the will of the majority, and more especially when that will is unquestionably on the side of order, religion, and law. It is not believed that Congress intended to abolish the Sabbath by this law. Perhaps it was passed without due consideration of its bearing upon that institution. This has been intimated by a member of the Congress which passed the law. But still it is evidently a direct attack upon the Sabbath, a contradiction of all previous legislation, and opposed to the opinions of two-thirds of the most intelligent citizens of these United States. Nor will it be denied that this is a fair representation of public opinion,

when it is considered that more than twenty of the States have protected the Sabbath by direct legislation-which will be noticed more fully hereafter.

Petitions in 1828 and 1829.

During the agitation of the Sabbath-mail question, some ten years since, four hundred and sixty-seven petitions from friends of the Sabbath, of twenty-one States, were presented to Congress. The following extract from the honorable Mr. McKean's report to the House, will show what he thought of the petitioners, and of the voice of public sentiment, at that time, viz: "The memorials on this subject, on account of the numerous sources from which they have been received, the number and respectability of the signatures, as well as the intrinsic importance of the question involved, require from the committee and the Legislature the most deliberate and respectful consideration. It is believed that the history of legislation in this country affords no instance in which a stronger expression has been made, if regard be had to numbers, the wealth, or the intelligence of the petitioners." And this report closes with a resolution recommending Congress to repeal the very clause mentioned above. It cannot with any propriety be contended that the history of those transactions cannot be brought to bear on the question now under consideration. Those in favor of the repeal of this clause at that time, can be no less in favor of it at the present time. For many of those petitioners asked for legislation to prevent the mail from being carried, and Postoffices from being opened, on Sunday, as well as the repeal of the law complained of; while the petition referred to above seeks only the repeal of the clause compelling Postmasters to violate the fourth commandment; leaving the rest to the conscience of the Postmaster-General and the voice of public opinion. Those who opposed the passage of any law to close Postoffices and to prevent the transportation of the mail on Sunday, must, to be consistent, and in accordance with their reasoning, sustain the repealing of a law compelling any officer of the United States to desecrate that day. Among these petitioners were some of the first men in this nation.

Soon after the close of the last war, numerous petitions in relation to this law, from west as well as east of the mountains, were sent to Congress. They called out a respectful report from the Postmaster-General, but resulted in nothing more. The whole history of this subject shows that the Christian community have never acquiesced in this irreligious legislation: and although there are a few men who would gladly see the Lord's day desecrated by law, yet it is confidently believed, were the question, Sabbath or no Sabbath, fairly presented to this republic, that a most overwhelming preponderance in its favor would be the result.

Other facts may serve to indicate public sentiment, as it at present exists on this subject. And may it not be presumed, that in every portion of this country, similar expressions have been made, though they have not fallen under the immediate inspection of the author? The following memorial was circu lated about a year since in the western part of New York and the northern part of Ohio; and obtained the signatures of a large majority of the business men, in every place to which it

was sent.

"To the Forwarders on the Erie Canal:

"GENTLEMEN-The object of this memorial is respectfully to present to your attention the subject of the observance of the Sabbath. Being engaged in such branches of business as require the transportation of our property upon the Erie canal, we have often been induced to reflect upon the general subject respecting which this memorial is submitted. And upon such occasions, our minds have, from the situation which you occupy, been very naturally directed towards yourselves.

"We do not present ourselves as theologians, but as philanthropists and citizens. Although we acknowledge the Sabbath as a divine institution, yet it is not in this light that it is placed before your minds. Humanity and patriotism advance motives. full of interest and eloquence.

"An examination of the constitution of man shows that he needs just such an institution as the Sabbath. He is a physical being; and it is impossible for the animal machine to continue