Three Indictments for Working on Sunday by R. T. Nash

Review and Herald Publishing Association · Takoma Park Station, Washington, D. C. · Jan 31, 1907

Three Indictments for Working on Sunday

By R. T. Nash

On January 8 two brethren and myself were taken with bench warrants for quiet Sunday work. One of our brethren went on our bond for trial the tenth. Quite a number of the Adventist friends were present at the trial, although the notice was short. The night of our arrest I sent a telegram to the Religious Liberty Bureau at Takoma Park, hoping that some one from there could attend the trial.

When the time came for trial, I asked the solicitor if he desired to make one case of it or three. He replied, “One case, if it will suit you.” He suggested that they make my trial a test case, as we were all indicted for the same offense. This the brethren seemed glad to do, and my case was called.

I was charged with violating the Lord’s day, commonly called the Sabbath, to which charge I could not plead guilty. After the witnesses had proved that I did work in my garden and about the house somewhat on Sunday, I was permitted to question them as to whether they were disturbed religiously, to which they all replied that they were not. I was then sworn, and given a chance to testify to the truth in regard to my attitude toward the Sunday question.

After my testimony in the chair, the solicitor questioned me in regard to how I spend my Sundays, and asked if I did not know that there is a Sunday law. I replied that I knew of it, but that I also knew that it was an unconstitutional one, and that there is a Sabbath law of higher authority. After being questioned, I was permitted to speak for myself to the court. The judge, solicitor, and jury all seemed fair-minded men.

The judge seemed a little dissatisfied at the beginning; he said I was making an ecclesiastical plea. This I admitted, but told him that when the State legislated upon a solely religious question, and I was indicted under that law, an ecclesiastical plea was the only one I could make. The judge seemed to think that there was a civil side to this ecclesiastical question, and I promised to keep as near as I could to the right side of the question if he would allow me to go ahead with my plea. When I began with the prophet Daniel’s prosecution under the laws of Persia, there was a laugh from all corners of the court-house,—and it was well filled with people,—for this was the point where his honor had called me down only a few moments before. The lawyers laughed quite heartily, and there were a number of them present.

The Lord helped us in vindicating his truth and in standing for right principles. I showed from the State statutes that I had not violated the letter of the law which says “the Lord’s day.” From the Bible I proved that the Lord’s day is the Sabbath of the fourth commandment, which is the seventh day of the week, and not the first; that this is God’s holy rest day, and Christ is the Lord of it. This day I sacredly keep, and reverence the God who is Lord of it. I reminded the court that the law of God is the code by which all men will be judged, and that I was living in all good conscience before its Author. I showed from the Declaration of Independence and the Constitution of the United States that from the beginning this nation has tried to guard against religious intolerance; that the Baptists have stood for religious liberty, and have been persecuted because they opposed Sunday laws; that a petition from the Presbyterians caused Congress to add the first amendment to the United States Constitution, which provides that Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; that the code under which I worship demands that I keep the seventh day, and also enjoins that I shall labor six days. In this the Sunday law prohibits the free exercise of my religious belief, and therefore is contrary to the Constitution of the United States, and also of the State of South Carolina. I think the solicitor himself was able to see that the Sunday law is unconstitutional.

The judge was very lenient, imposing a fine of only one dollar with no costs. The other two brethren were fined accordingly; and before the court adjourned, some one from the outside who felt kindly toward us, or had been touched by the trial, paid all our fines, and we went out free after having the grand privilege of getting the principles of truth before so large an audience in a way that will not be forgotten.

Those indicted were A. A. Johnson, our Campobello church elder, J. J. Soper, our deacon, and the writer.

R. T. NASH.