the world; and for those acts of
charity which support and adorn a Christian society. Be it enacted that
no person shall travel on the Lord's day except from _necessity_ or
_charity_, upon penalty of a sum not exceeding twenty shillings and not
less than ten." Notice what an interesting and moral tone is given to
the otherwise dry statute book by these sermonizing preambles which
reflect so well the motives and aims of the men who moulded and formed
the statute laws of the Commonwealth.

In this act appears for the first time that "charity" which since then
has truly "covered a multitude of sins," while it has as often been a
strong tower of defence to corporations clearly shown to have been
careless of their obligations to the public. One of the first cases to
arise in which these words "necessity or charity" must be judicially
construed was Commonwealth vs. James Knox, 6 Mass., 76.

One Josiah Paine had contracted with the Post Master General of the
United States to carry the public mail between Portland and Boston on
each day of the week for two years from October 1, 1808, and Knox, his
servant, was indicted for unlawfully travelling while carrying the mail
with a stage carriage through the town of Newburyport on November 20,
1808, the same being Sabbath or Lord's day, and the said travelling not
being from necessity or charity. Chief Justice Parsons in delivering the
opinion of the Supreme Court, after showing the authority of Congress
under the Constitution to establish post-offices and post-roads, and the
consequent legality of Paine's contract, the statutue of his State
notwithstanding, says that "necessity ... cannot be understood as a
physical necessity ... and when this travelling is necessary to execute
a lawful contract it cannot be considered as unnecessary travelling,
against the prohibition of the Statute." But fearing that this decision
may open too wide the gate to Sabbath breakers the Chief Justice hastens
to add: "But let it be remembered that our opinion does not protect
travellers in the stage coach, or the carrier of the mail in driving
about any town to discharge or to receive passengers; and much less in
blowing his horn to the disturbance of serious people either at public
worship or in their own houses. The carrier may proceed with the mail on
the Lord's day to the post-office; he may go to any public house to
refresh himself and his horses; and he may take the mail from the
post-office and pr