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.