The dictum of Mr. Justice Story in Vidal against Girard’s Executors (2 How. U. S., 198), to the effect that Christianity was a part of the common law of Pennsylvania, is also relied upon, but is not an authoritative judicial determination of that proposition. The remark was not necessary to the decision.
The remarks of Mr. Justice Brewer, to which reference has already been made, were also unnecessary to the decision rendered by the court.
The fact that oaths are administered to witnesses, that the hollow mockery is pursued of opening deliberative assemblies and conventions with prayer, that wills begin with the absurd phrase, “In the name of God, Amen,” that gigantic missionary associations are in operation to establish Christian missions in every quarter of the globe, were also instanced. But none of these illustrations affords any valid proof in support of the assertion that “this is a Christian nation.”
Our legislation relative to the observance of Sunday is such a mass of absurdities and inconsistencies that almost anything can be predicated thereon except the idea that our legislators are impressed with the notion that there is anything sacred in the day. According to the views of any section of the Christian church, the acts which I have enumerated as permitted would be regarded as sinful. Their legality in the eye of the law is a demonstration that the prohibitory enactments relating to Sunday are simply police regulations, and it should be the effort of every good American citizen to liberalize our Sunday legislation still more, so that it shall cease to be the cloak of hypocrisy.
As a final resort, we are told by our opponents that this is a Christian government because the majority of our citizens are adherents of the Christian faith; that this is a government of majorities, because government means force and majorities represent the preponderance of strength. This is a most dangerous doctrine....