Commonwealth v. Knox
Massachusetts Supreme Judicial Court
The defendant was indicted at the Common Pleas in this county, December term, 1808, for unlawfully travelling, with a stage-carriage for passengers, through the town of Newburyport, on the twentieth day of November preceding, the same being Sabbath or Lord’s day, and the said travelling not being from necessity or charity, against the statute of 1791, c. 58. The cause came up to this Court by appeal from the Common Pleas ; and at this term the attorney-general and the…
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The defendant was indicted at the Common Pleas in this county, December term, 1808, for unlawfully travelling, with a stage-carriage for passengers, through the town of Newburyport, on the twentieth day of November preceding, the same being Sabbath or Lord’s day, and the said travelling not being from necessity or charity, against the statute of 1791, c. 58. The cause came up to this Court by appeal from the Common Pleas ; and at this term the attorney-general and the defendant agreed on a state of facts for the opinion of the Court, and that if on those facts the indictment should not be…
1Opinion of the CourtParsons, C. J.
This indictment is founded on the second section of our statute of 1791, c. 58, in which it is enacted, that no traveller, drover, wagoner, teamster, or any of their servants, shall travel on *64the Lord’s day, or on any part thereof, except from necessity or charity. The defendant contends that Paine’s contract with the postmaster-general was lawful, and that the fulfilment of it cannot therefore be an offence.
By the constitution of the United States, congress is expressly authorized to establish post-offices and post-roads ; and by [ * 77 ] an act of congress, passed May 8th, 1794, this…
2Cited by15 opinions
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- Cleveland v. City of BangorSupreme Judicial Court of Maine · 1895
- Doyle v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1875
- Morris v. StateIndiana Supreme Court · 1869
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