Let us read on:--

"_He would destroy them all were it not that he feared the wrath of the

enemy_."

That is in the Bible--word for word. Then the defendant in astonishment

says:

"_The Almighty God afraid of his enemies!_"

That is what the Bible says. What does it mean? If the Bible is true,

God was afraid.

"_Can the mind conceive of more horrid blasphemy?_"

Is not that true? If God be infinitely good and wise and powerful, is

it possible he is afraid of anything? If the defendant had said that God

was afraid of his enemies, that might have been blasphemy--but this man

says the Bible says that, and you are asked to say that it is blasphemy.

Now, up to this point there is no blasphemy, even if you were to enforce

this infamous statute--this savage law.

"_The Old Testament records for our instruction in morals, the most foul

and bestial instances of fornication, incest, and polygamy, perpetrated

by God's own saints, and the New Testament indorses these lecherous

wretches as examples for all good Christians to follow_.".

Now, is it not a fact that the Old Testament does uphold polygamy?

Abraham would have gotten into trouble in New Jersey--no doubt of that.

Sarah could have obtained a divorce in this State--no doubt of that.

What is the use of telling a falsehood about it? Let us tell the truth

about the patriarchs.

Everybody knows that the same is true of Moses. We have all heard of

Solomon--a gentleman with five or six hundred wives, and three or four

hundred other ladies with whom he was acquainted. This is simply what

the defendant says. Is there any blasphemy about that? It is only the

truth. If Solomon were living in the United States to-day, we would put

him in the penitentiary. You know that under the Edmunds Mormon law

he would be locked up. If you should present a petition signed by his

eleven hundred wives, you could not get him out.

So it was with David. There are some splendid things about David, of

course. I admit that, and pay my tribute of respect to his courage--but

he happened to have ten or twelve wives too many, so he shut them up,

put them in a kind of penitentiary and kept them there till they died.

That would not be considered good conduct even in Morristown. You know

that. Is it any harm to speak of it? There are plenty of ministers here

to set it right--thousands of them all over the country, every one with

his chance to talk all day Sunday and nobody to say a word back. The pew

cannot reply to the pulpit, you know; it has just to sit there and

take it. If there is any harm in this, if it is not true, they ought to

answer it. But it is here, and the only answer is an indictment.

I say that Lot was a bad man. So I say of Abraham, and of Jacob. Did you

ever know of a more despicable fraud practiced by one brother on another

than Jacob practiced on Esau? My sympathies have always been with Esau.

He seemed to be a manly man. Is it blasphemy to say that you do not like

a hypocrite, a murderer, or a thief, because his name is in the Bible?

How do you know what such men are mentioned for? May be they are

mentioned as examples, and you certainly ought not to be led away and

induced to imagine that a man with seven hundred wives is a pattern

of domestic propriety, one to be followed by yourself and your sons. I

might go on and mention the names of hundreds of others who committed

every conceivable crime, in the name of religion--who declared war, and

on the field of battle killed men, women and babes, even children yet

unborn, in the name of the most merciful God. The Bible is filled with

the names and crimes of these sacred savages, these inspired beasts. Any

man who says that a God of love commanded the commission of these crimes

is, to say the least of it, mistaken. If there be a God, then it is

blasphemous to charge him with the commission of crime.

But let us read further from this indictment:

"The aforesaid printed document contains other scandalous, infamous and

blasphemous matters and things, to the tenor and effect following, that

is to say--"

Then comes this particularly blasphemous line:

"_Now, reader, take time and calmly think it over _."

Gentlemen, there are many things I have read that I should not have

expressed in exactly the same language used by the defendant, and many

things that I am going to read I might not have said at all, but the

defendant had the right to say every word with which he is charged in

this indictment. He had the right to give his honest thought, no matter

whether any human being agreed with what he said or not, and no matter

whether any other man approved of the manner in which he said these

things. I defend his right to speak, whether I believe in what he spoke

or not, or in the propriety of saying what he did. I should defend a man

just as cheerfully who had spoken against my doctrine, as one who had

spoken against the popular superstitions of my time. It would make

no difference to me how unjust the attack was upon my belief--how

maliciously ingenious; and no matter how sacred the conviction that

was attacked, I would defend the freedom of speech. And why? Because no

attack can be answered by force, no argument can be refuted by a blow,

or by imprisonment, or by fine. You may imprison the man, but the

argument is free; you may fell the man to the earth, but the statement

stands.

The defendant in this case has attacked certain beliefs, thought by the

Christian world to be sacred. Yet, after all, nothing is sacred but the

truth, and by truth I mean what a man sincerely and honestly believes.

The defendant says:

"_Take time to calmly think it over: Was a Jewish girl the mother of

God, the mother of your God?_"

The defendant probably asked this question, supposing that it must

be answered by all sensible people in the negative. If the Christian

religion is true, then a Jewish girl was the mother of Almighty God.

Personally, if the doctrine is true, I have no fault to find with the

statement that a Jewish maiden was the mother of God.--Millions believe,

that this is true--I do not believe,--but who knows? If a God came from

the throne of the universe, came to this world and became the child of

a pure and loving woman, it would not lessen, in my eyes, the dignity or

the greatness of that God.

There is no more perfect picture on the earth, or within the imagination

of man, than a mother holding in her thrilled and happy arms a child,

the fruit of love.

No matter how the statement is made, the fact remains the same. A Jewish

girl became the mother of God. If the Bible is true, that is true, and

to repeat it, even according to your law, is not blasphemous, and to

doubt it, or to express the doubt, or to deny it, is not contrary to

your constitution.

To this defendant it seemed improbable that God was ever born of woman,

was ever held in the lap of a mother; and because he cannot believe

this, he is charged with blasphemy. Could you pour contempt on

Shakespeare by saying that his mother was a woman,--by saying that he

was once a poor, crying, little, helpless child? Of course he was; and

he afterwards became the greatest human being that ever touched the

earth,--the only man whose intellectual wings have reached from sky to

sky; and he was once a crying babe. What of it? Does that cast any scorn

or contempt upon him? Does this take any of the music from "Midsummer

Night's Dream"?--any of the passionate wealth from "Antony and

Cleopatra," any philosophy from "Macbeth," any intellectual grandeur

from "King Lear"? On the contrary, these great productions of the brain

show the growth of the dimpled babe, give every mother a splendid

dream and hope for her child, and cover every cradle with a sublime

possibility.

The defendant is also charged with having said that: "_God cried and

screamed_."

Why not? If he was absolutely a child, he was like other children,--like

yours, like mine. I have seen the time, when absent from home, that I

would have given more to have heard my children cry, than to have heard

the finest orchestra that ever made the air burst into flower. What if

God did cry? It simply shows that his humanity was real and not assumed,

that it was a tragedy, real, and not a poor pretence. And the defendant

also says that if the orthodox religion be true, that the

"_God of the Universe kicked, and flung about his little arms, and made

aimless dashes into space with his little fists_."

Is there anything in this that is blasphemous? One of the best pictures

I ever saw of the Virgin and Child was painted by the Spaniard, Murillo.

Christ appears to be a truly natural, chubby, happy babe. Such a

picture takes nothing from the majesty, the beauty, or the glory of the

incarnation.

I think it is the best thing about the Catholic Church that it lifts

up for adoration and admiration, a mother,--that it pays what it calls

"Divine honors" to a woman. There is certainly goodness in that, and

where a church has so few practices that are good, I am willing to point

this one out. It is the one redeeming feature about Catholicism, that it

teaches the worship of a woman.

The defendant says more about the childhood of Christ. He goes so far as

to say, that:

"_He was found staring foolishly at his own little toes._"

And why not? The Bible says, that "he increased in wisdom and stature."

The defendant might have referred to something far more improbable. In

the same verse in which St. Luke says that Jesus increased in wisdom and

stature, will be found the assertion that he increased in favor with God

and man. The defendant might have asked how it was that the love of God

for God increased.

But the defendant has simply stated that the child Jesus grew, as other

children grow; that he acted like other children, and if he did, it is

more than probable that he did stare at his own toes. I have laughed

many a time to see little children astonished with the sight of their

feet. They seem to wonder what on earth puts the little toes in motion.

Certainly there is nothing blasphemous in supposing that the feet of

Christ amused him, precisely as the feet of other children have amused

them. There is nothing blasphemous about this; on the contrary, it is

beautiful. If I believed in the existence of God, the Creator of this

world, the Being who, with the hand of infinity, sowed the fields of

space with stars, as a farmer sows his grain, I should like to think of

him as a little, dimpled babe, overflowing with joy, sitting upon the

knees of a loving mother. The ministers themselves might take a lesson

even from the man who is charged with blasphemy, and make an effort to

bring an infinite God a little nearer to the human heart.

The defendant also says, speaking of the infant Christ, "_He was nursed

at Mary's breast._"

Yes, and if the story be true, that is the tenderest fact in it. Nursed

at the breast of woman. No painting, no statue, no words can make a

deeper and a tenderer impression upon the heart of man than this: The

infinite God, a babe, nursed at the holy breast of woman.

You see these things do not strike all people the same. To a man

that has been raised on the orthodox desert, these things are

incomprehensible. He has been robbed of his humanity. He has no humor,

nothing but the stupid and the solemn. His fancy sits with folded wings.

Imagination, like the atmosphere of spring, woos every seed of earth

to seek the blue of heaven, and whispers of bud and flower and fruit.

Imagination gathers from every field of thought and pours the wealth

of many lives into the lap of one. To the contracted, to the cast-iron

people who believe in heartless and inhuman creeds, the words of the

defendant seem blasphemous, and to them the thought that God was a

little child is monstrous.

They cannot bear to hear it said that he nursed at the breast of a

maiden, that he was wrapped in swaddling clothes, that he had the joys

and sorrows of other babes. I hope, gentlemen, that not only you,

but the attorneys for the prosecution, have read what is known as the

"Apocryphal New Testament," books that were once considered inspired,

once admitted to be genuine, and that once formed a part of our New

Testament. I hope you have read the books of Joseph and Mary, of the

Shepherd of Hermes, of the Infancy and of Mary, in which many of the

things done by the youthful Christ are described--books that were once

the delight of the Christian world; books that gave joy to children,

because in them they read that Christ made little birds of clay, that

would at his command stretch out their wings and fly with joy above his

head. If the defendant in this case had said anything like that, here

in the State of New Jersey, he would have been indicted; the orthodox

ministers would have shouted "blasphemy," and yet, these little stories

made the name of Christ dearer to children.

The church of to-day lacks sympathy; the theologians are without

affection. After all, sympathy is genius. A man who really sympathizes

with another understands him. A man who sympathizes with a religion,

instantly sees the good that is in it, and the man who sympathizes with

the right, sees the evil that a creed contains.

But the defendant, still speaking of the infant Christ, is charged with

having said:

"_God smiled when he was comfortable. He lay in a cradle and was rocked

to sleep._"

Yes, and there is no more beautiful picture than that. Let some great

religious genius paint a picture of this kind--of a babe smiling with

content, rocked in the cradle by the mother who bends tenderly and

proudly above him. There could be no more beautiful, no more touching,

picture than this. What would I not give for a picture of Shakespeare as

a babe,--a picture that was a likeness,--rocked by his mother? I would

give more for this than for any painting that now enriches the walls of

the world.

The defendant also says, that:

"_God was sick when cutting his teeth._"

And what of that? We are told that he was tempted in all points, as we

are. That is to say, he was afflicted, he was hungry, he was thirsty,

he suffered the pains and miseries common to man. Otherwise, he was not

flesh, he was not human.

"_He caught the measles, the mumps, the scarlet fever and the whooping

cough_."

Certainly he was liable to have these diseases, for he was, in fact,

a child. Other children have them. Other children, loved as dearly by

their mothers as Christ could have been by his, and yet they are taken

from the little family by fever; taken, it may be, and buried in the

snow, while the poor mother goes sadly home, wishing that she was lying

by its side. All that can be said of every word in this address, about

Christ and about his childhood, amounts to this; that he lived the

life of a child; that he acted like other children. I have read you

substantially what he has said, and this is considered blasphemous.

He has said, that:

"_According to the Old Testament, the God of the Christian world

commanded people to destroy each other._"

If the Bible is true, then the statement of the defendant is true. Is it

calculated to bring God into contempt to deny that he upheld polygamy,

that he ever commanded one of his generals to rip open with the sword

of war, the woman with child? Is it blasphemy to deny that a God of

infinite love gave such commandments? Is such a denial calculated to

pour contempt and scorn upon the God of the orthodox?

Is it blasphemous to deny that God commanded his children to murder each

other? Is it blasphemous to say that he was benevolent, merciful and

just?

It is impossible to say that the Bible is true and that God is good.

I do not believe that a God made this world, filled it with people and

then drowned them. I do not believe that infinite wisdom ever made a

mistake. If there be any God he was too good to commit such an infinite

crime, too wise, to make such a mistake. Is this blasphemy? Is it

blasphemy to say that Solomon was not a virtuous man, or that David was

an adulterer?

Must we say when this ancient King had one of his best generals placed

in the front of the battle--deserted him and had him murdered for the

purpose of stealing his wife, that he was "a man after God's own heart"?

Suppose the defendant in this case were guilty of something like that?

Uriah was fighting for his country, fighting the battles of David, the

King. David wanted to take from him his wife. He sent for Joab, his

commander-in-chief, and said to him:

"Make a feint to attack a town. Put Uriah at the front of the attacking

force, and when the people sally forth from the town to defend its gate,

fall back so that this gallant, noble, patriotic man may be slain."

This was done and the widow was stolen by the King. Is it blasphemy to

tell the truth and to say exactly what David was? Let us be honest with

each other; let us be honest with this defendant.

For thousands of years men have taught that the ancient patriarchs were

sacred, that they were far better than the men of modern times, that

what was in them a virtue, is in us a crime. Children are taught in

Sunday schools to admire and respect these criminals of the ancient

days. The time has come to tell the truth about these men, to call

things by their proper names, and above all, to stand by the right, by

the truth, by mercy and by justice. If what the defendant has said is

blasphemy under this statute then the question arises, is the statute in

accordance with the constitution? If this statute is constitutional, why

has it been allowed to sleep for all these years? I take this position:

Any law made for the preservation of a human right, made to guard a

human being, cannot sleep long enough to die; but any law that deprives

a human being of a natural right--if that law goes to sleep, it never

wakes, it sleeps the sleep of death.

I call the attention of the Court to that remarkable case in England

where, only a few years ago, a man appealed to trial by battle. The law

allowing trial by battle had been asleep in the statute book of England

for more than two hundred years, and yet the court held that, in spite

of the fact that the law had been asleep--it being a law in favor of a

defendant--he was entitled to trial by battle. And why? Because it was

a statute at the time made in defence of a human right, and that statute

could not sleep long enough or soundly enough to die. In consequence

of this decision, the Parliament of England passed a special act, doing

away forever with the trial by battle.

When a statute attacks an individual right, the State must never let it

sleep. When it attacks the right of the public at large and is allowed

to pass into a state of slumber, it cannot be raised for the purpose of

punishing an individual.

Now, gentlemen, a few words more. I take an almost infinite interest

in this trial, and before you decide, I am exceedingly anxious that you

should understand with clearness the thoughts I have expressed upon this

subject I want you to know how the civilized feel, and the position now

taken by the leaders of the world.

A few years ago almost everything spoken against the grossest possible

superstition was considered blasphemous. The altar hedged itself about

with the sword; the Priest went in partnership with the King. In those

days statutes were leveled against all human speech. Men were convicted

of blasphemy because they believed in an actual personal God; because

they insisted that God had body and parts. Men were convicted of

blasphemy because they denied that God had form. They have been

imprisoned for denying the doctrine of transubstantiation, and they

have been torn in pieces for defending that doctrine. There are but few

dogmas now believed by any Christian church that have not at some time

been denounced as blasphemous.

When Henry VIII. put himself at the head of the Episcopal Church a

creed was made, and in that creed there were five dogmas that must,

of necessity, be believed. Anybody who denied any one, was to be

punished--for the first offence, with fine, with imprisonment, or

branding, and for the second offence, with death. Not one of these five

dogmas is now a part of the creed of the Church of England.

So I could go on for days and weeks and months, showing that hundreds

and hundreds of religious dogmas, to deny which was death, have been

either changed or abandoned for others nearly as absurd as the old ones

were. It may be, however, sufficient to say, that wherever the church

has had power it has been a crime for any man to speak his honest

thought. No church has ever been willing that any opponent should give

a transcript of his mind. Every church in power has appealed to brute

force, to the sword, for the purpose of sustaining its creed. Not one

has had the courage to occupy the open field. The church has not been

satisfied with calling Infidels and unbelievers blasphemers. Each church

has accused nearly every other church of being a blasphemer. Every

pioneer has been branded as a criminal. The Catholics called Martin

Luther a blasphemer, and Martin Luther called Copernicus a blasphemer.

Pious ignorance always regards intelligence as a kind of blasphemy. Some

of the greatest men of the world, some of the best, have been put to

death for the crime of blasphemy, that is to say, for the crime of

endeavoring to benefit their fellow-men.

As long as the church has the power to close the lips of men, so long

and no longer will superstition rule this world.

"Blasphemy is the word that the majority hisses into the ear of the

few."

After every argument of the church has been answered, has been refuted,

then the church cries, "blasphemy!"

Blasphemy is what an old mistake says of a newly discovered truth.

Blasphemy is what a withered last year's leaf says to a this year's bud.

Blasphemy is the bulwark of religious prejudice.

Blasphemy is the breastplate of the heartless.

And let me say now, that the crime of blasphemy, as set out in this

statute, is impossible. No man can blaspheme a book. No man can commit

blasphemy by telling his honest thought. No man can blaspheme a God, or

a Holy Ghost, or a Son of God. The Infinite cannot be blasphemed.

In the olden time, in the days of savagery and superstition, when some

poor man was struck by lightning, or when a blackened mark was left on

the breast of a wife and mother, the poor savage supposed that some god,

angered by something he had done, had taken his revenge. What else did

the savage suppose? He believed that this god had the same feelings,

with regard to the loyalty of his subjects, that an earthly chief had,

or an earthly king had, with regard to the loyalty or treachery of

members of his tribe, or citizens of his kingdom. So the savage said,

when his country was visited by a calamity, when the flood swept the

people away, or the storm scattered their poor houses in fragments:

"We have allowed some Freethinker to live; some one is in our town or

village who has not brought his gift to the priest, his incense to the

altar; some man of our tribe or of our country does not respect our

god." Then, for the purpose of appeasing the supposed god, for the

purpose of again winning a smile from heaven, for the purpose of

securing a little sunlight for their fields and homes, they drag the

accused man from his home, from his wife and children, and with all

the ceremonies of pious brutality, shed his blood. They did it in

self-defence; they believed that they were saving their own lives and

the lives of their children; they did it to appease their god. Most

people are now beyond that point. Now when disease visits a community,

the intelligent do not say the disease came because the people were

wicked; when the cholera comes, it is not because of the Methodists, of

the Catholics, of the Presbyterians, or of the Infidels. When the wind

destroys a town in the far West, it is not because somebody there had

spoken his honest thoughts. We are beginning to see that the wind

blows and destroys without the slightest reference to man, without the

slightest care whether it destroys the good or the bad, the irreligious

or the religious. When the lightning leaps from the clouds it is just as

likely to strike a good man as a bad man, and when the great serpents of

flame climb around the houses of men, they burn just as gladly and just

as joyously, the home of virtue, as they do the den and lair of vice.

Then the reason for all these laws has failed. The laws were made on

account of a superstition. That superstition has faded from the minds

of intelligent men, and, as a consequence, the laws based on the

superstition ought to fail.

There is one splendid thing in nature, and that is that men and nations

must reap the consequences of their acts--reap them in this world, if

they live, and in another if there be one. The man who leaves this

world a bad man, a malicious man, will probably be the same man when

he reaches another realm, and the man who leaves this shore good,

charitable and honest, will be good, charitable and honest, no matter

on what star he lives again. The world is growing sensible upon these

subjects, and as we grow sensible, we grow charitable.

Another reason has been given for these laws against blasphemy, the most

absurd reason that can by any possibility be given. It is this: There

should be laws against blasphemy, because the man who utters blasphemy

endangers the public peace.

Is it possible that Christians will break the peace? Is it possible

that they will violate the law? Is it probable that Christians will

congregate together and make a mob, simply because a man has given an

opinion against their religion? What is their religion? They say, "If

a man smites you on one cheek, turn the other also." They say, "We must

love our neighbors as we love ourselves." Is it possible then, that you

can make a mob out of Christians,--that these men, who love even their

enemies, will attack others, and will destroy life, in the name of

universal love? And yet, Christians themselves say that there ought to

be laws against blasphemy, for fear that Christians, who are controlled

by universal love, will become so outraged, when they hear an honest man

express an honest thought, that they will leap upon him and tear him in

pieces.

What is blasphemy? I will give you a definition; I will give you my

thought upon this subject. What is real blasphemy?

To live on the unpaid labor of other men--that is blasphemy.

To enslave your fellow-man, to put chains upon his body--that is

blasphemy.

To enslave the minds of men, to put manacles upon the brain, padlocks

upon the lips--that is blasphemy.

To deny what you believe to be true, to admit to be true what you

believe to be a lie--that is blasphemy.

To strike the weak and unprotected, in order that you may gain the

applause of the ignorant and superstitious mob--that is blasphemy.

To persecute the intelligent few, at the command of the ignorant

many--that is blasphemy.

To forge chains, to build dungeons, for your honest fellow-men--that is

blasphemy.

To pollute the souls of children with the dogma of eternal pain--that is

blasphemy.

To violate your conscience--that is blasphemy.

The jury that gives an unjust verdict, and the judge who pronounces an

unjust sentence, are blasphemers.

The man who bows to public opinion against his better judgment and

against his honest conviction, is a blasphemer.

Why should we fear our fellow-men? Why should not each human being have

the right, so far as thought and its expression are concerned, of all

the world? What harm can come from an honest interchange of thought?

I have been giving you my real ideas. I have spoken freely, and yet

the sun rose this morning, just the same as it always has. There is no

particular change visible in the world, and I do not see but that we are

all as happy to-day as though we had spent yesterday in making somebody

else miserable. I denounced on yesterday the superstitions of the

Christian world, and yet, last night I slept the sleep of peace. You

will pardon me for saying again that I feel the greatest possible

interest in the result of this trial, in the principle at stake. This is

my only apology, my only excuse, for taking your time. For years I

have felt that the great battle for human liberty, the battle that has

covered thousands of fields with heroic dead, had finally been won. When

I read the history of this world, of what has been endured, of what has

been suffered, of the heroism and infinite courage of the intellectual

and honest few, battling with the countless serfs and slaves of kings

and priests, of tyranny, of hypocrisy, of ignorance and prejudice, of

faith and fear, there was in my heart the hope that the great battle had

been fought, and that the human race, in its march towards the dawn, had

passed midnight, and that the "great balance weighed up morning." This

hope, this feeling, gave me the greatest possible joy. When I thought

of the many who had been burnt, of how often the sons of liberty had

perished in ashes, of how many o! the noblest and greatest had stood

upon scaffolds, and of the countless hearts, the grandest that ever

throbbed in human breasts, that had been broken by the tyranny of church

and state, of how many of the noble and loving had sighed themselves

away in dungeons, the only consolation was that the last bastile had

fallen, that the dungeons of the Inquisition had been torn down and that

the scaffolds of the world could no longer be wet with heroic blood.

You know that sometimes, after a great battle has been fought, and one

of the armies has been broken, and its fortifications carried, there

are occasional stragglers beyond the great field, stragglers who know

nothing of the fate of their army, know nothing of the victory, and for

that reason, fight on. There are a few such stragglers in the State of

New Jersey. They have never heard of the great victory. They do not know

that in all civilized countries the hosts of superstition have been put

to flight. They do not know that Freethinkers, Infidels, are to-day the

leaders of the intellectual armies of the world.

One of the last trials of this character, tried in Great Britain,--and

that is the country that our ancestors fought in the sacred name of

liberty,--one of the last trials in that country, a country ruled by a

state church, ruled by a woman who was born a queen, ruled by dukes and

nobles and lords, children of ancient robbers--was in the year 1843.

George Jacob Holyoake, one of the best of the human race, was imprisoned

on a charge of Atheism, charged with having written a pamphlet and

having made a speech in which he had denied the existence of the British

God. The judge who tried him, who passed sentence upon him, went down

to his grave with a stain upon his intellect and upon his honor. All the

real intelligence of Great Britain rebelled against the outrage. There

was a trial after that to which I will call your attention. Judge

Coleridge, father of the present Chief Justice of England, presided at

this trial. A poor man by the name of Thomas Pooley, a man who dug wells

for a living, wrote on the gate of a priest, that, if people would burn

their Bibles and scatter the ashes on the lands, the crops would be

better, and that they would also save a good deal of money in tithes. He

wrote several sentences of a kindred character. He was a curious man. He

had an idea that the world was a living, breathing animal. He would not

dig a well beyond a certain depth for fear he might inflict pain upon

this animal, the earth. He was tried before Judge Coleridge, on that

charge. An infinite God was about to be dethroned, because an honest

well-digger had written his sentiments on the fence of a parson. He

was indicted, tried, convicted and sentenced to prison. Afterward, many

intelligent people asked for his pardon, on the ground that he was in

danger of becoming insane. The judge refused to sign the petition. The

pardon was refused. Long before his sentence expired, he became a raving

maniac. He was removed to an asylum and there died. Some of the greatest

men in England attacked that judge, among these, Mr. Buckle, author of

"The History of Civilization in England," one of the greatest books in

this world. Mr. Buckle denounced Judge Coleridge. He brought him before

the bar of English opinion, and there was not a man in England, whose

opinion was worth anything, who did not agree with Mr. Buckle, and did

not with him, declare the conviction of Thomas Pooley to be an infamous

outrage. What were the reasons given? This, among others: The law was

dead; it had been asleep for many years; it was a law passed during the

ignorance of the Middle Ages, and a law that came out of the dungeon

of religious persecution; a law that was appealed to by bigots and by

hypocrites, to punish, to imprison an honest man.

In many parts of this country, people have entertained the idea that New

England was still filled with the spirit of Puritanism, filled with

the descendants of those who killed Quakers in the name of universal

benevolence, and traded Quaker children in the Barbadoes for rum, for

the purpose of establishing the fact that God is an infinite father.

Yet, the last trial in Massachusetts on a charge like this, was when

Abner Kneeland was indicted on a charge of Atheism. He was tried for

having written this sentence: "The Universalists believe in a God which

I do not." He was convicted and imprisoned. Chief Justice Shaw upheld

the decision, and upheld it because he was afraid of public opinion;

upheld it, although he must have known that the statute under which

Kneeland was indicted was clearly and plainly in violation of the

Constitution. No man can read the decision of Justice Shaw without

being convinced that he was absolutely dominated, either by bigotry,

or hypocrisy. One of the judges of that court, a noble man, wrote a

dissenting opinion, and in that dissenting opinion is the argument of

a civilized, of an enlightened jurist. No man can answer the dissenting

opinion of Justice Morton. The case against Kneeland was tried more

than fifty years ago, and there has been none since in the New England

States; and this case, that we are now trying, is the first ever

tried in New Jersey. The fact that it is the first, certifies to my

interpretation of this statute, and it also certifies to the toleration

and to the civilization of the people of this State. The statute is

upon your books. You inherited it from your ignorant ancestors, and they

inherited it from their savage ancestors. The people of New Jersey were

heirs of the mistakes and of the atrocities of ancient England.

It is too late to enforce a law like this. Why has it been allowed to

slumber? Who obtained this indictment? Were they actuated by good and

noble motives? Had they the public weal at heart, or were they simply

endeavoring to be revenged upon this defendant? Were they willing to

disgrace the State, in order that they might punish him?

I have given you my definition of blasphemy, and now the question

arises, what is worship? Who is a worshiper? What is prayer? What is

real religion? Let me answer these questions.

Good, honest, faithful work, is worship. The man who ploughs the fields

and fells the forests; the man who works in mines, the man who battles

with the winds and waves out on the wide sea, controlling the commerce

of the world; these men are worshipers. The man who goes into the

forest, leading his wife by the hand, who builds him a cabin, who makes

a home in the wilderness, who helps to people and civilize and cultivate

a continent, is a worshiper.

Labor is the only prayer that Nature answers; it is the only prayer that

deserves an answer,--good, honest, noble work.

A woman whose husband has gone down to the gutter, gone down to

degradation and filth; the woman who follows him and lifts him out of

the mire and presses him to her noble heart, until he becomes a man once

more, this woman is a worshiper. Her act is worship.

The poor man and the poor woman who work night and day, in order that

they may give education to their children, so that they may have a

better life than their father and mother had; the parents who deny

themselves the comforts of life, that they may lay up something to help

their children to a higher place--they are worshipers; and the children

who, after they reap the benefit of this worship, become ashamed of

their parents, are blasphemers.

The man who sits by the bed of his invalid wife,--a wife prematurely old

and gray,--the husband who sits by her bed and holds, her thin, wan hand

in his as lovingly, and kisses it as rapturously, as passionately, as

when it was dimpled,--that is worship; that man is a worshiper; that is

real religion.

Whoever increases the sum of human joy, is a worshiper. He who adds to

the sum of human misery, is a blasphemer.

Gentlemen, you can never make me believe--no statute can ever convince

me, that there is any infinite Being in this universe who hates an

honest man. It is impossible to satisfy me that there is any God, or

can be any God, who holds in abhorrence a soul that has the courage to

express his thought. Neither can the whole world convince me that any

man should be punished, either in this world or in the next, for being

candid with his fellow-men. If you send men to the penitentiary for

speaking their thoughts, for endeavoring to enlighten their fellows,

then the penitentiary will become a place of honor, and the victim will

step from it--not stained, not disgraced, but clad in robes of glory.

Let us take one more step.

What is holy, what is sacred? I reply that human happiness is holy,

human rights are holy. The body and soul of man--these are sacred. The

liberty of man is of far more importance than any book; the rights of

man more sacred than any religion--than any Scriptures, whether inspired

or not.

What we want is the truth, and does any one suppose that all of the

truth is confined in one book--that the mysteries of the whole world are

explained by one volume?

All that is--all that conveys information to man--all that has been

produced by the past--all that now exists--should be considered by an

intelligent man. All the known truths of this world--all the philosophy,

all the poems, all the pictures, all the statues, all the entrancing

music--the prattle of babes, the lullaby of mothers, the words of honest

men, the trumpet calls to duty--all these make up the bible of the

world--everything that is noble and true and free, you will find in this

great book.

If we wish to be true to ourselves,--if we wish to benefit our

fellow-men--if we wish to live honorable lives--we will give to every

other human being every right that we claim for ourselves.

There is another thing that should be remembered by you. You are the

judges of the law, as well as the judges of the facts. In a case like

this, you are the final judges as to what the law is; and if you acquit,

no court can reverse your verdict. To prevent the least misconception,

let me state to you again what I claim:

First. I claim that the constitution of New Jersey declares that:

"_The liberty of speech shall not be abridged_." Second. That this

statute, under which this indictment is found, is unconstitutional,

because it does abridge the liberty of speech; it does exactly that

which the constitution emphatically says shall not be done.

Third. I claim, also, that under this law--even if it be

constitutional--the words charged in this indictment do not amount to

blasphemy, read even in the light, or rather in the darkness, of this

statute.

Do not, I pray you, forget this point. Do not forget, that, no matter

what the Court may tell you about the law--how good it is, or how bad

it is--no matter what the Court may instruct you on that subject--do not

forget one thing, and that is: That the words charged in the indictment

are the only words that you can take into consideration in this case.

Remember that no matter what else may be in the pamphlet--no matter what

pictures or cartoons there may be of the gentlemen in Boonton who mobbed

this man in the name of universal liberty and love--do not forget that

you have no right to take one word into account except the exact words

set out in this indictment--that is to say, the words that I have

read to you. Upon this point the Court will instruct you that you have

nothing to do with any other line in that pamphlet; and I now claim,

that should the Court instruct you that the statute is constitutional,

still I insist that the words set out in this indictment do not amount

to blasphemy.

There is still another point. This statute says: "Whoever shall

_willfully_ speak against." Now, in this case, you must find that the

defendant "willfully" did so and so--that is to say, that he made the

statements attributed to him knowing that they were not true. If you

believe that he was honest in what he said, then this statute does not

touch him. Even under this statute, a man may give his honest opinion.

Certainly, there is no law that charges a man with "willfully" being

honest--"willfully" telling his real opinion--"willfully" giving to his

fellow-men his thought.

Where a man is charged with larceny, the indictment must set out that

he took the goods or the property with the intention to steal--with

what the law calls the _animus furandi_. If he took the goods with

the intention to steal, then he is a thief; but if he took the goods

believing them to be his own, then he is guilty of no offence. So in

this case, whatever was said by the defendant must have been "willfully"

said. And I claim that if you believe that what the man said was

honestly said, you cannot find him guilty under this statute.

One more point: This statute has been allowed to slumber so long, that

no man had the right to awaken it. For more than one hundred years it

has slept; and so far as New Jersey is concerned, it has been sound

asleep since 1664. For the first time it is dug out of its grave. The

breath of life is sought to be breathed into it, to the end that some

people may wreak their vengeance on an honest man.

Is there any evidence--has there been any--to show that the defendant

was not absolutely candid in the expression of his opinions? Is there

one particle of evidence tending, to show that he is not a perfectly

honest and sincere man? Did the prosecution have the courage to

attack his reputation? No. The State has simply proved to you that he

circulated that pamphlet--that is all.

It was claimed, among other things, that the defendant circulated this

pamphlet among children. There was no such evidence--not the slightest.

The only evidence about schools, or school-children was, that when the

defendant talked with the bill-poster,--whose business the defendant was

interfering with,--he asked him something about the population of the

town, and about the schools. But according to the evidence, and as a

matter of fact, not a solitary pamphlet was ever given to any child, or

to any youth. According to the testimony, the defendant went into two or

three stores,--laid the pamphlets on a show case, or threw them upon a

desk--put them upon a stand where papers were sold, and in one instance

handed a pamphlet to a man. That is all.

In my judgment, however, there would have been no harm in giving this

pamphlet to every citizen of your place.

Again I say, that a law that has been allowed to sleep for all these

years--allowed to sleep by reason of the good sense and by reason of

the tolerant spirit of the State of New Jersey, should not be allowed

to leap into life because a few are intolerant, or because a few lacked

good sense and judgment. This snake should not be warmed into vicious

life by the blood of anger.

Probably not a man on this jury agrees with me about the subject of

religion. Probably not a member of this jury thinks that I am right in

the opinions that I have entertained and have so often expressed. Most

of you belong to some church, and I presume that those who do, have the

good of what they call Christianity at heart. There maybe among you some

Methodists. If so, they have read the history of their church, and they

know that when it was in the minority, it was persecuted, and they know

that they can not read the history of that persecution without becoming

indignant. They know that the early Methodists were denounced as

heretics, as ranters, as ignorant pretenders.

There are also on this jury, Catholics, and they know that there is a

tendency in many parts of this country to persecute a man now because he

is a Catholic. They also know that their church has persecuted in

times past, whenever and wherever it had the power; and they know that

Protestants, when in power, have always persecuted Catholics; and they

know, in their hearts, that all persecution, whether in the name of law,

or religion, is monstrous, savage, and fiendish.

I presume that each one of you has the good of what you call

Christianity at heart. If you have, I beg of you to acquit this man. If

you believe Christianity to be a good, it never can do any church any

good to put a man in jail for the expression of opinion. Any church that

imprisons a man because he has used an argument against its creed, will

simply convince the world that it cannot answer the argument.

Christianity will never reap any honor, will never reap any profit,

from persecution. It is a poor, cowardly, dastardly way of answering

arguments. No gentleman will do it--no civilized man ever did do it--no

decent human being ever did, or ever will.

I take it for granted that you have a certain regard, a certain

affection, for the State in which you live--that you take a pride in the

Commonwealth of New Jersey. If you do, I beg of you to keep the record

of your State clean. Allow no verdict to be recorded against the freedom

of speech. At present there is not to be found on the records of any

inferior court, or on those of the Supreme tribunal--any case in which a

man has been punished for speaking his sentiments. The records have not

been stained--have not been polluted--with such a verdict.

Keep such a verdict from the Reports of your State--from the Records of

your courts. No jury has yet, in the State of New Jersey, decided that

the lips of honest men are not free--that there is a manacle upon the

brain.

For the sake of your State--for the sake of her reputation throughout

the world--for your own sakes--and those of your children, and their

children yet to be--say to the world that New Jersey shares in the

spirit of this age,--that New Jersey is not a survival of the Dark

Ages,--that New Jersey does not still regard the thumbscrew as an

instrument of progress,--that New Jersey needs no dungeon to answer the

arguments of a free man, and does not send to the penitentiary, men who

think, and men who speak. Say to the world, that where arguments are

without foundation, New Jersey has confidence enough in the brains of

her people to feel that such arguments can be refuted by reason.

For the sake of your State, acquit this man. For the sake of something

of far more value to this world than New Jersey--for the sake of

something of more importance to mankind than this continent--for the

sake of Human Liberty, for the sake of Free Speech, acquit this man.

What light is to the eyes, what love is to the heart, Liberty is to the

soul of man. Without it, there come suffocation, degradation and death.

In the name of Liberty, I implore--and not only so, but I insist--that

you shall find a verdict in favor of this defendant. Do not do the

slightest thing to stay the march of human progress. Do not carry us

back, even for a moment, to the darkness of that cruel night that good

men hoped had passed away forever.

Liberty is the condition of progress. Without Liberty, there remains

only barbarism. Without Liberty, there can be no civilization.

If another man has not the right to think, you have not even the right

to think that he thinks wrong. If every man has not the right to think,

the people of New Jersey had no right to make a statute, or to adopt a

constitution--no jury has the right to render a verdict, and no court to

pass its sentence.

In other words, without liberty of thought, no human being has the right

to form a judgment. It is impossible that there should be such a thing

as real religion without liberty. Without liberty there can be no such

thing as conscience, no such word as justice. All human actions--all

good, all bad--have for a foundation the idea of human liberty, and

without Liberty there can be no vice, and there can be no virtue.

Without Liberty there can be no worship, no blasphemy--no love, no

hatred, no justice, no progress.

Take the word Liberty from human speech and all the other words become

poor, withered, meaningless sounds--but with that word realized--with

that word understood, the world becomes a paradise.

Understand me. I am not blaming the people. I am not blaming the

prosecution, or the prosecuting attorney. The officers of the court

are simply doing what they feel to be their duty. They did not find the

indictment. That was found by the grand jury. The grand jury did not

find the indictment of its own motion. Certain people came before the

grand jury and made their complaint--gave their testimony, and upon that

testimony, under this statute, the indictment was found.

While I do not blame these people--they not being on trial--I do ask you

to stand on the side of right.

I cannot conceive of much greater happiness than to discharge a public

duty, than to be absolutely true to conscience, true to judgment, no

matter what authority may say, no matter what public opinion may demand.

A man who stands by the right, against the world, cannot help applauding

himself, and saying: "I am an honest man."

I want your verdict--a verdict born of manhood, of courage; and I want

to send a dispatch to-day to a woman who is lying sick. I wish you to

furnish the words of this dispatch--only two words--and these two words

will fill an anxious heart with joy. They will fill a soul with light.

It is a very short message--only two words--and I ask you to furnish

them: "Not guilty."

You are expected to do this, because I believe you will be true to your

consciences, true to your best judgment, true to the best interests of

the people of New Jersey, true to the great cause of Liberty.

I sincerely hope that it will never be necessary again, under the flag

of the United States--that flag for which has been shed the bravest and

best blood of the world--under that flag maintained by Washington, by

Jefferson, by Franklin and by Lincoln--under that flag in defence of

which New Jersey poured out her best and bravest blood--I hope it will

never be necessary again for a man to stand before a jury and plead for

the Liberty of Speech.

Note: The jury in this case brought in a verdict of guilty.

The Judge imposed a fine of twenty-five dollars and costs

amounting in all to seventy-five dollars, which Colonel

Ingersoll paid, giving his services free.--C. P. Farrell.

The Works of Robert G. Ingersoll, Vol. 11 (of 12) Dresden Edition—Miscellany · 第 68 / 179 题