norml21 - Page 7
Page 7
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prosecution by way of indictment in the court
of sessions° The number of prosecutions for
sexual offenses immediately declined to an
average of eleven per year during 1786-1790
and to less than five per year during the
four decades thereafter°
Prosecutions for religious offelnses also
continued near the prewar rate of twenty-four
per year until the mid-1780_s. But by the
1790_s the number of cases had declined to
about ten per year The decrease is
explained by the fact that after the 1780's
prosecutions continued only for the offenses
of working and traveling on Sunday. Even the
Sunday work and travel laws were less rigidly
enforced, with the result that by the 1810's
"the Laws against profana=ions of the
Sabbath, had fallen into general neglect
(and) thousands of violations occurred every
year, with scarcely a single instance of
punishment. '_
The law's attitude toward adultery was also
changing, although the number of prosecutions
remained relatively constant° l[n 1973 the
Supreme Judicial Court began regularly to
grant divorces on the ground of adultery, yet
prosecutions for the crime remained rare.
Too many contemporaries the de-emphasis of
prosecution for sin appeared to be a decline
in morals° President Timothy Dwight of Yale
traced the decline to the French and Indian
War and especially to the Revolution, which,
he said, has added "to the depravation
still remaining (from the French War) a
long train of imzn_oral doctrines and
practices_ which spread into every corner of
the country° The profanation of! the Sabbath,
before unusual, profaneness of language,
drunkenness, gambling and lewdness were
exceedingly increased _ Others also
alluded to habits of card playing and
gambling and to instances of social vice and
illegitimacy. Chief Justice William Cushing,
for example, feared that "some men
ha(d) been so liberal in thinking as to
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