Part 46 (1/2)
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 Ma.s.sachusetts promulgated the following law, to compel the citizens to observe the sabbath. We give the preamble, and the princ.i.p.al 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 wors.h.i.+p of G.o.d 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 sanct.i.ty, 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 a.s.sembly, 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 laborer shall exercise his ordinary calling, and that no game or recreation shall be used on the Lord's day, upon pain of forfeiting ten s.h.i.+llings;--
”That no one shall travel on that day, or any part thereof, under pain of forfeiting twenty s.h.i.+llings; that no vessel shall leave a harbor of the colony; that no person shall keep outside the meetinghouse during the time of public wors.h.i.+p, or profane the time by playing or talking, on penalty of five s.h.i.+llings.
”Public-houses shall not entertain any other than strangers or lodgers, under a penalty of five s.h.i.+llings for every person found drinking or abiding therein.
”Any person in health who, without sufficient reason, shall omit to wors.h.i.+p G.o.d in public during three months, shall be condemned to a fine of ten s.h.i.+llings.
”Any person guilty of misbehavior in a place of public wors.h.i.+p shall be fined from five to forty s.h.i.+llings.
”These laws are to be enforced by the t.i.thing-men of each towns.h.i.+p, who have authority to visit public-houses on the Sunday. The innkeeper who shall refuse them admittance shall be fined forty s.h.i.+llings for such offence.
”The t.i.thing-men are to stop travellers, and to require of them their reason for being on the road on Sunday: any one 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 t.i.thing-men sufficient, he may bring the traveller before the justice of the peace of the district.” (_Law of the 8th March, 1792: General Laws of Ma.s.sachusetts_, vol. i., p. 410.)
On the 11th March, 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 the 16th February, 1816, a new law confirmed these 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, 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 s.p.a.ce of twenty-four hours, by gaming or betting, the sum of twenty-five dollars, shall be found guilty of a misdemeanor, 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 will be paid to the inspector of the poor of the towns.h.i.+p. 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 box both the sum he has gained and three times as much beside.”
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 to the sabbath.
There is one, in particular, of the large American cities, in which all social movements begin to be suspended even on Sat.u.r.day 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 toward 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.
APPENDIX F.--Page 41.
It is unnecessary for me to say, that in the chapter which has just been read, I have not had the intention of giving a history of America. My only object was to enable the reader to appreciate the influence which the opinions and manners of the first emigrants had exercised upon the fate of the different colonies and of the Union in general. I have therefore confined myself to the quotation of a few detached fragments.
I do not know whether I am deceived, but it appears to me that by pursuing the path which I have merely pointed out, it would be easy to present such pictures of the American republics as would not be unworthy the attention of the public, and could not fail to suggest to the statesman matter for reflection.
Not being able to devote myself to this labor, I am anxious to render it easy to others; and for this purpose, I subjoin a short catalogue and a.n.a.lysis of the works which seem to me the most important to consult.
At the head of the general doc.u.ments, which it would be advantageous to examine, I place the work ent.i.tled An Historical Collection of State Papers, and other authentic Doc.u.ments, intended as Materials for a History of the United States of America, by Ebenezer Hasard. The first volume of this compilation, which was printed at Philadelphia in 1792, contains a literal copy of all the charters granted by the crown of England to the emigrants, as well as the princ.i.p.al acts of the colonial governments, during the commencement of their existence. Among other authentic doc.u.ments, we here find a great many relating to the affairs of New England and Virginia during this period. The second volume is almost entirely devoted to the acts of the confederation of 1643. This federal compact, which was entered into by the colonies of New England with the view of resisting the Indians, was the first instance of union afforded by the Anglo-Americans. There were besides many other confederations of the same nature, before the famous one of 1776, which brought about the independence of the colonies.