summaryrefslogtreecommitdiff
path: root/38103-h
diff options
context:
space:
mode:
authorRoger Frank <rfrank@pglaf.org>2025-10-14 20:09:31 -0700
committerRoger Frank <rfrank@pglaf.org>2025-10-14 20:09:31 -0700
commit2c5d2095b1b67f75a697c0cd929d06110eb9bade (patch)
tree306a2f1ce26f484d9eb13426ae8d0cd0a2216e71 /38103-h
initial commit of ebook 38103HEADmain
Diffstat (limited to '38103-h')
-rw-r--r--38103-h/38103-h.htm2787
1 files changed, 2787 insertions, 0 deletions
diff --git a/38103-h/38103-h.htm b/38103-h/38103-h.htm
new file mode 100644
index 0000000..32be35e
--- /dev/null
+++ b/38103-h/38103-h.htm
@@ -0,0 +1,2787 @@
+<?xml version="1.0" encoding="us-ascii"?>
+
+<!DOCTYPE html
+ PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN"
+ "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" >
+
+<html xmlns="http://www.w3.org/1999/xhtml" lang="en">
+ <head>
+ <title>
+ Trial of C. B. Reynolds for Blasphemy, by Robert Ingersoll
+ </title>
+ <style type="text/css" xml:space="preserve">
+
+ body { margin:5%; background:#faebd0; text-align:justify}
+ P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; }
+ H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; }
+ hr { width: 50%; text-align: center;}
+ .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; }
+ blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;}
+ .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;}
+ .toc { margin-left: 10%; margin-bottom: .75em;}
+ .toc2 { margin-left: 20%;}
+ div.fig { display:block; margin:0 auto; text-align:center; }
+ div.middle { margin-left: 20%; margin-right: 20%; text-align: justify; }
+ .figleft {float: left; margin-left: 0%; margin-right: 1%;}
+ .figright {float: right; margin-right: 0%; margin-left: 1%;}
+ .pagenum {display:inline; font-size: 70%; font-style:normal;
+ margin: 0; padding: 0; position: absolute; right: 1%;
+ text-align: right;}
+ pre { font-style: italic; font-size: 90%; margin-left: 10%;}
+
+</style>
+ </head>
+ <body>
+<pre xml:space="preserve">
+
+The Project Gutenberg EBook of Trial of C. B. Reynolds For Blasphemy, by
+Robert G. Ingersoll
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Trial of C. B. Reynolds For Blasphemy
+ Defence by Robert G. Ingersoll, at Morristown, N. J., May 1887
+
+Author: Robert G. Ingersoll
+
+Release Date: November 22, 2011 [EBook #38103]
+Last Updated: January 25, 2013
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF REYNOLDS ***
+
+
+
+
+Produced by David Widger
+
+
+
+
+
+</pre>
+ <div style="height: 8em;">
+ <br /><br /><br /><br /><br /><br /><br /><br />
+ </div>
+ <h1>
+ TRIAL OF C. B. REYNOLDS FOR BLASPHEMY,
+ </h1>
+ <h2>
+ At Morristown, N. J., May 1887.
+ </h2>
+ <p>
+ <br />
+ </p>
+ <h2>
+ Defence by Robert G. Ingersoll.
+ </h2>
+ <p>
+ <br />
+ </p>
+ <h3>
+ Stenographically Reported by I. N. Baker, and Revised by the Author.
+ </h3>
+ <p>
+ <br />
+ </p>
+ <h4>
+ 1888.
+ </h4>
+ <p>
+ <br /> <br />
+ </p>
+ <hr />
+ <p>
+ <br /> <br />
+ </p>
+ <h3>
+ Contents
+ </h3>
+ <table summary="" style="margin-right: auto; margin-left: auto">
+ <tr>
+ <td>
+ <p class="toc">
+ <a href="#link2H_4_0001"> PUBLISHER'S PREFACE. </a>
+ </p>
+ <p class="toc">
+ <a href="#link2H_4_0002"> MR. INGERSOLL'S ARGUMENT </a>
+ </p>
+ </td>
+ </tr>
+ </table>
+ <p>
+ <a name="link2H_4_0001" id="link2H_4_0001">
+ <!-- H2 anchor --> </a>
+ </p>
+ <div style="height: 4em;">
+ <br /><br /><br /><br />
+ </div>
+ <h2>
+ PUBLISHER'S PREFACE.
+ </h2>
+ <p>
+ MR. C. B. REYNOLDS, the accused, is an accredited missionary of
+ freethought and speech who, under the guarantees of the Constitution, went
+ from town to town in New Jersey, lecturing and preaching to those&mdash;had
+ invited him and to all who chose to come. His methods of invitation were
+ the ordinary ones of circulars, newspaper notices, bill posters, and
+ personal address. His meetings were attended by the best people of the
+ place, and were orderly and quiet except as disturbed by Christian mobs,
+ unrestrained by local officials.
+ </p>
+ <p>
+ At one of these meetings, in Boonton, he was attacked with missiles of
+ every kind, while speaking&mdash;his tent destroyed, and he compelled to
+ seek safety in flight. An action for damages against the town resulted in
+ a counter action for disturbing the peace. Through the cowardice and
+ inaction of the authorities the issue was never joined.
+ </p>
+ <p>
+ Not daunted by persecution he continued his labors, making Morristown his
+ next field of operations. Here he circulated a pamphlet giving his views
+ of theology, and appended a satirical cartoon of his Boonton experience.
+ This cartoon was the gravamen of his offence. For this he was indicted on
+ a charge of "Blasphemy," and brought before a Morristown jury. The
+ religious farce ended in a fine of $25.00.
+ </p>
+ <p>
+ C. P. Farrell.
+ </p>
+ <p>
+ <br /> <br />
+ </p>
+ <hr />
+ <p>
+ <br /> <br /> <a name="link2H_4_0002" id="link2H_4_0002">
+ <!-- H2 anchor --> </a>
+ </p>
+ <div style="height: 4em;">
+ <br /><br /><br /><br />
+ </div>
+ <h2>
+ MR. INGERSOLL'S ARGUMENT
+ </h2>
+ <p>
+ Gentlemen of the Jury: I regard this as one of the most important cases
+ that can be submitted to a jury. It is not a case that involves a little
+ property, neither is it one that involves simply the liberty of one man.
+ It involves the freedom of speech, the intellectual liberty of every
+ citizen of New Jersey.
+ </p>
+ <p>
+ The question to be tried by you is whether a man has the right to express
+ his honest thought; and for that reason there can be no case of greater
+ importance submitted to a jury. And it may be well enough for me, at the
+ outset, to admit that there could be no case in which I could take a
+ greater&mdash;a deeper interest For my part, I would not wish to live in a
+ world where I could not express my honest opinions. Men who deny to others
+ the right of speech are not fit to live with honest men.
+ </p>
+ <p>
+ I deny the right of any man, of any number of men, of any church, of any
+ State, to put a padlock on the lips&mdash;to make the tongue a convict. I
+ passionately deny the right of the Herod of authority to kill the children
+ of the brain.
+ </p>
+ <p>
+ A man has a right to work with his hands, to plow the earth, to sow the
+ seed, and that man has a right to reap the harvest. If we have not that
+ right, then all are slaves except those who take these rights from their
+ fellow-men. If you have the right to work with your hands and to gather
+ the harvest for yourself and your children, have you not a right to
+ cultivate your brain? Have you not the right to read, to observe, to
+ investigate&mdash;and when you have so read and so investigated, have you
+ not the right to reap that field? And what is it to reap that field? It is
+ simply to express what you have ascertained&mdash;simply to give your
+ thoughts to your fellow-men.
+ </p>
+ <p>
+ If there is one subject in this world worthy of being discussed, worthy of
+ being understood, it is the question of intellectual liberty. Without
+ that, we are simply painted clay; without that, we are poor miserable
+ serfs and slaves. If you have not the right to express your opinions, if
+ the defendant has not this right, then no man ever walked beneath the blue
+ of heaven that had the right to express his thought. If others claim the
+ right, where did they get it? How did they happen to have it, and how did
+ you happen to be deprived of it? Where did a church or a nation get that
+ right?
+ </p>
+ <p>
+ Are we not all children of the same Mother? Are we not all compelled to
+ think, whether we wish to or not? Can you help thinking as you do? When
+ you look out upon the woods, the fields,&mdash;when you look at the solemn
+ splendors of the night&mdash;these things produce certain thoughts in your
+ mind, and they produce them necessarily. No man can think as he desires No
+ man controls the action of his brain, any more than he controls the action
+ of his heart. The blood pursues its old accustomed ways in spite of you.
+ The eyes see, if you open them, in spite of you. The ears hear, if they
+ are unstopped, without asking your permission. And the brain thinks, in
+ spite of you. Should you express that thought? Certainly you should, if
+ others express theirs. You have exactly the same right. He who takes it
+ from you is a robber. For thousands of years people have been trying to
+ force other people to think their way. Did they succeed? No. Will they
+ succeed? No. Why? Because brute force is not an argument. You can stand
+ with the lash over a man, or you can stand by the prison door, or beneath
+ the gallows, or by the stake, and say to this man: "Recant, or the lash
+ descends, the prison door is locked upon you, the rope is put about your
+ neck, or the torch is given to the fagot." And so the man recants. Is he
+ convinced? Not at all. Have you produced a new argument? Not the
+ slightest. And yet the ignorant bigots of this world have been trying for
+ thousands of years to rule the minds of men by brute force. They have
+ endeavored to improve the mind by torturing the flesh&mdash;to spread
+ religion with the sword and torch. They have tried to convince their
+ brothers by putting their feet in iron boots, by putting fathers, mothers,
+ patriots, philosophers and philanthropists in dungeons. And what has been
+ the result? Are we any nearer thinking alike to-day than we were then?
+ </p>
+ <p>
+ No orthodox church ever had power that it did not endeavor to make people
+ think its way by force and flame. And yet every church that ever was
+ established commenced in the minority, and while it was in the minority
+ advocated free speech&mdash;every one. John Calvin, the founder of the
+ Presbyterian Church, while he lived in France, wrote a book on religious
+ toleration in order to show that all men had an equal right to think; and
+ yet that man afterwards, clothed in a little authority, forgot all his
+ sentiments about religious liberty, and had poor Servetus burned at the
+ stake, for differing with him on a question that neither of them knew
+ anything about. In the minority, Calvin advocated toleration&mdash;in the
+ majority, he practised murder.
+ </p>
+ <p>
+ I want you to understand what has been done in the world to force men to
+ think alike. It seems to me that if there is some infinite being who wants
+ us to think alike, he would have made us alike. Why did he not do so? Why
+ did he make your brain so that you could not by any possibility be a
+ Methodist? Why did he make yours so that you could not be a Catholic? And
+ why did he make the brain of another so that he is an unbeliever&mdash;why
+ the brain of another so that he became a Mohammedan&mdash;if he wanted us
+ all to believe alike?
+ </p>
+ <p>
+ After all, may be Nature is good enough, and grand enough, and broad
+ enough to give us the diversity born of liberty. May be, after all, it
+ would not be best for us all to be just the same. What a stupid world, if
+ everybody said yes to everything that everybody else might say.
+ </p>
+ <p>
+ The most important thing in this world is liberty. More important than
+ food or clothes&mdash;more important than gold or houses or lands&mdash;more
+ important than art or science&mdash;more important than all religions, is
+ the liberty of man.
+ </p>
+ <p>
+ If civilization tends to do away with liberty, then I agree with Mr.
+ Buckle that civilization is a curse. Gladly would I give up the splendors
+ of the nineteenth century&mdash;gladly would I forget every invention that
+ has leaped from the brain of man&mdash;gladly would I see all books ashes,
+ all works of art destroyed, all statues broken, and all the triumphs of
+ the world lost&mdash;gladly, joyously would I go back to the abodes and
+ dens of savagery, if that is necessary to preserve the inestimable gem of
+ human liberty. So would every man who has a heart and brain.
+ </p>
+ <p>
+ How has the church in every age, when in authority, defended itself?
+ Always by a statute against blasphemy, against argument, against free
+ speech. And there never was such a statute that did not stain the book
+ that it was in, and that did not certify to the savagery of the men who
+ passed it. Never. By making a statute and by defining blasphemy, the
+ Church sought to prevent discussion&mdash;sought to prevent argument&mdash;sought
+ to prevent a man giving his honest opinion. Certainly a tenet, a dogma, a
+ doctrine is safe when hedged about by a statute that prevents your
+ speaking against it. In the silence of slavery it exists. It lives because
+ lips are locked. It lives because men are slaves.
+ </p>
+ <p>
+ If I understand myself, I advocate only the doctrines that in my judgment
+ will make this world happier and better. If I know myself, I advocate only
+ those things that will make a man a better citizen, a better father, a
+ kinder husband&mdash;that will make a woman a better wife, a better mother&mdash;doctrines
+ that will fill every home with sunshine and with joy. And if I believed
+ that anything I should say to-day would have any other possible tendency,
+ I would stop. I am a believer in liberty. That is my religion&mdash;to
+ give to every other human being every right that I claim for myself, and I
+ grant to every other human being, not the right&mdash;because it is his
+ right&mdash;but instead of granting I declare that it is his right, to
+ attack every doctrine that I maintain, to answer every argument that I may
+ urge&mdash;in other words, he must have absolute freedom of speech.
+ </p>
+ <p>
+ I am a believer in what I call "intellectual hospitality." A man comes to
+ your door. If you are a gentleman and he appears to be a good man, you
+ receive him with a smile. You ask after his health. You say: "Take a
+ chair; are you thirsty, are you hungry, will you not break bread with me?"
+ That is what a hospitable, good man does&mdash;he does not set the dog on
+ him. Now how should we treat a new thought? I say that the brain should be
+ hospitable and say to the new thought: "Come in; sit down; I want to
+ cross-examine you; I want to find whether you are good or bad; if good,
+ stay; if bad, I don't want to hurt you&mdash;probably you think you are
+ all right,&mdash;but your room is better than your company, and I will
+ take another idea in your place." Why not? Can any man have the egotism to
+ say that he has found it all out? No. Every man who has thought, knows not
+ only how little he knows, but how little every other human being knows,
+ and how ignorant after all the world must be.
+ </p>
+ <p>
+ There was a time in Europe when the Catholic church had power. And I want
+ it distinctly understood with this jury, that while I am opposed to
+ Catholicism I am not opposed to Catholics&mdash;while I am opposed to
+ Presbyterianism I am not opposed to Presbyterians. I do not fight people,&mdash;I
+ fight ideas, I fight principles, and I never go into personalities. As I
+ said, I do not hate Presbyterians, but Presbyterianism&mdash;that is I am
+ opposed to their doctrine. I do not hate a man that has the rheumatism&mdash;I
+ hate the rheumatism when it has a man. So I attack certain principles
+ because I think they are wrong, but I always want it understood that I
+ have nothing against persons&mdash;nothing against victims.
+ </p>
+ <p>
+ There was a time when the Catholic church was in power in the Old World.
+ All at once there arose a man called Martin Luther, and what did the dear
+ old Catholics think? "Oh," they said, "that man and all his followers are
+ going to Hell." But they did not go. They were very good people. They may
+ have been mistaken&mdash;I do not know. I think they were right in their
+ opposition to Catholicism&mdash;but I have just as much objection to the
+ religion they founded as I have to the Church they left. But they thought
+ they were right, and they made very good citizens, and it turned out that
+ their differing from the Mother Church did not hurt them. And then after
+ awhile they began to divide, and there arose Baptists, and the other
+ gentlemen, who believed in this law that is now in New Jersey, began
+ cutting off their ears so that they could hear better; they began putting
+ them in prison so that they would have a chance to think. But the Baptists
+ turned out to be good folks&mdash;first rate&mdash;good husbands, good
+ fathers, good citizens. And in a little while, in England, the people
+ turned to be Episcopalians, on account of a little war that Henry the
+ Eighth had with the Pope,&mdash;and I always sided with the Pope in that
+ war&mdash;but it made no difference; and in a little while the
+ Episcopalians turned out to be just about like other folks&mdash;no worse&mdash;not
+ as I know of, any better.
+ </p>
+ <p>
+ After awhile arose the Puritan, and the Episcopalian said, "We don't want
+ anything of him&mdash;he is a bad man;" and they finally drove some of
+ them away and they settled in New England, and there were among them
+ Quakers, than whom there never were better people on the earth&mdash;industrious,
+ frugal, gentle, kind and loving&mdash;and yet these Puritans began hanging
+ them. They said: "They are corrupting our children; if this thing goes on,
+ everybody will believe in being kind and gentle and good, and what will
+ become of us?" They were honest about it. So they went to cutting off
+ ears. But the Quakers were good people and none of the prophecies were
+ fulfilled.
+ </p>
+ <p>
+ In a little while there came some Unitarians and they said, "The world is
+ going to ruin, sure;"&mdash;but the world went on as usual, and the
+ Unitarians produced men like Channing&mdash;one of the tenderest spirits
+ that ever lived&mdash;they produced men like Theodore Parker&mdash;one of
+ the greatest brained and greatest hearted men produced upon this continent&mdash;a
+ good man&mdash;and yet they thought he was a blasphemer&mdash;they even
+ prayed for his death&mdash;on their bended knees they asked their God to
+ take time to kill him. Well, they were mistaken. Honest, probably.
+ </p>
+ <p>
+ After awhile came the Universalists, who said: "God is good. He will not
+ damn anybody always, just for a little mistake he made here. This is a
+ very short life; the path we travel is very dim, and a great many shadows
+ fall in the way, and if a man happens to stub his toe, God will not burn
+ him forever." And then all the rest of the sects cried out, "Why, if you
+ do away with hell, everybody will murder just for pastime&mdash;everybody
+ will go to stealing just to enjoy themselves." But they did not. The
+ Universalists were good people&mdash;just as good as any others. Most of
+ them much better. None of the prophecies were fulfilled, and yet the
+ differences existed.
+ </p>
+ <p>
+ And so we go on until we find people who do not believe the bible at all,
+ and when they say they do not, they come within this statute.
+ </p>
+ <p>
+ Now gentlemen, I am going to try to show you, first, that this statute
+ under which Mr. Reynolds is being tried is unconstitutional&mdash;that it
+ is not in harmony with the Constitution of New Jersey; and I am going to
+ try to show you in addition to that, that it was passed hundreds of years
+ ago, by men who believed it was right to burn heretics and tie Quakers at
+ the end of a cart, men and even modest women&mdash;stripped naked&mdash;and
+ lash them from town to town. They were the men who originally passed that
+ statute, and I want to show you that it has slept all this time, and I am
+ informed&mdash;I do not know how it is&mdash;that there never has been a
+ prosecution in this state for blasphemy.
+ </p>
+ <p>
+ Now gentlemen, what is blasphemy? Of course nobody knows what it is,
+ unless he takes into consideration where he is. What is blasphemy in one
+ country would be a religious exhortation in another. It is owing to where
+ you are and who is in authority. And let me call your attention to the
+ impudence and bigotry of the American christians. We send missionaries to
+ other countries. What for? To tell them that their religion is false, that
+ their Gods are myths and monsters, that their Saviours and apostles were
+ imposters, and that our religion is true. You send a man from Morris-town&mdash;a
+ Presbyterian, over to Turkey. He goes there, and he tells the Mohammedans&mdash;and
+ he has it in a pamphlet and he distributes it&mdash;that the Koran is a
+ lie, that Mohammet was not a prophet of God, that the angel Gabriel is not
+ so large that it is four hundred leagues between his eyes&mdash;that it is
+ all a mistake&mdash;that there never was an angel as large as that. Then
+ what would the Turks do? Suppose the Turks had a law like this statute in
+ New Jersey. They would put the Morristown missionary in jail, and he would
+ send home word, and then what would the people of Morris-town say?
+ Honestly&mdash;what do you think they would say? They would say, "Why look
+ at those poor, heathen wretches. We sent a man over there armed with the
+ truth, and yet they were so blinded by their idolatrous religion, so
+ steeped in superstition, that they actually put that man in prison."
+ Gentlemen, does not that show the need of more missionaries? I would say,
+ yes.
+ </p>
+ <p>
+ Now let us turn the tables. A gentleman comes from Turkey to Morristown.
+ He has got a pamphlet. He says, "The Koran is the inspired book, Mohammed
+ is the real prophet, your bible is false and your Saviour simply a myth."
+ Thereupon the Morristown people put him in jail. Then what would the Turks
+ say? They would say, "Morristown needs more missionaries," and I would
+ agree with them.
+ </p>
+ <p>
+ In other words, what we want is intellectual hospitality. Let the world
+ talk. And see how foolish this trial is: I have no doubt but the
+ prosecuting attorney agrees with me to-day, that whether this law is good
+ or bad, this trial should not have taken place. And let me tell you why.
+ Here comes a man into your town and circulates a pamphlet. Now if they had
+ just kept still, very few would ever have heard of it. That would have
+ been the end. The diameter of the echo would have been a few thousand
+ feet. But in order to stop the discussion of that question, they indicted
+ this man, and that question has been more discussed in this country since
+ this indictment than all the discussions put together since New Jersey was
+ first granted to Charles the Second's dearest brother James, the Duke of
+ York. And what else? A trial here that is to be reported and published all
+ over the United States, a trial that will give Mr. Reynolds a congregation
+ of fifty millions of people. And yet this was done for the purpose of
+ stopping a discussion of this subject. I want to show you that the thing
+ is in itself almost idiotic&mdash;that it defeats itself, and that you
+ cannot crush out these things by force. Not only so, but Mr. Reynolds has
+ the right to be defended, and his counsel has the right to give his
+ opinions on this subject.
+ </p>
+ <p>
+ Suppose that we put Mr. Reynolds in jail. The argument has not been sent
+ to jail. That is still going the rounds, free as the winds. Suppose you
+ keep him at hard labor a year&mdash;all the time he is there hundreds and
+ thousands of people will be reading some account, or some fragment, of
+ this trial. There is the trouble. If you could only imprison a thought,
+ then intellectual tyranny might succeed. If you could only take an
+ argument and put a striped suit of clothes on it&mdash;if you could only
+ take a good, splendid, shining fact and lock it up in some dungeon of
+ ignorance, so that its light would never again enter the mind of man, then
+ you might succeed in stopping human progress. Otherwise, no.
+ </p>
+ <p>
+ Let us see about this particular statute. In the first place, the State
+ has a Constitution. That Constitution is a rule, a limitation to the power
+ of the legislature, and a certain breast-work for the protection of
+ private rights, and the Constitution says to this sea of passions and
+ prejudices: "Thus far and no farther." The Constitution says to each
+ individual: "This shall panoply you; this is your complete coat of mail;
+ this shall defend your rights." And it is usual in this country to make as
+ a part of each Constitution several general declarations&mdash;called the
+ Bill of Rights. So I find that in the old Constitution of New Jersey,
+ which was adopted in the year of grace 1776, although the people at that
+ time were not educated as they are now&mdash;the spirit of the Revolution
+ at that time not having permeated all classes of society&mdash;a
+ declaration in favor of religious freedom. The people were on the eve of a
+ Revolution. This Constitution was adopted on the third day of July, 1776,
+ one day before the immortal Declaration of Independence. Now what do we
+ find in this&mdash;and we have got to go by this light, by this torch,
+ when we examine the statute.
+ </p>
+ <p>
+ I find in that Constitution, in its Eighteenth Section, this: "No person
+ shall ever in this State be deprived of the inestimable privilege of
+ worshipping God in a manner agreeable to the dictates of his own
+ conscience; nor under any pretence whatever be compelled to attend any
+ place of worship contrary to his own faith and judgment; nor shall he be
+ obliged to pay tithes, taxes, or any other rates for the purpose of
+ building or repairing any church or churches, contrary to what he believes
+ to be true." That was a very great and splendid step. It was the divorce
+ of Church and State. It no longer allowed the State to levy taxes for the
+ support of a particular religion, and it said to every citizen of New
+ Jersey: All that you give for that purpose must be voluntarily given, and
+ the State will not compel you to pay for the maintenance of a Church in
+ which you do not believe. So far so good.
+ </p>
+ <p>
+ The next paragraph was not so good. "There shall be no establishment of
+ any one religious sect in this State in preference to another, and no
+ Protestant inhabitants of this State shall be denied the enjoyment of any
+ civil right merely on account of his religious principles; but all persons
+ professing a belief in the faith of any Protestant sect, who shall demean
+ themselves peaceably, shall be capable of being elected to any office of
+ profit or trust, and shall fully and freely enjoy every privilege and
+ immunity enjoyed by other citizens."
+ </p>
+ <p>
+ What became of the Catholics under that clause, I do not know&mdash;whether
+ they had any right to be elected to office or not under this Act. But in
+ 1844, the State having grown civilized in the meantime, another
+ Constitution was adopted. The word Protestant was then left out. There was
+ to be no establishment of one religion over another. But Protestantism did
+ not render a man capable of being elected to office any more than
+ Catholicism, and nothing is said about any religious belief whatever. So
+ far, so good.
+ </p>
+ <p>
+ "No religious test shall be required as a qualification for any office of
+ public trust. No person shall be denied the enjoyment of any civil right
+ on account of his religious principles."
+ </p>
+ <p>
+ That is a very broad and splendid provision. "No person shall be denied
+ any civil right on account of his religious principles." That was copied
+ from the Virginia Constitution, and that clause in the Virginia
+ Constitution was written by Thomas Jefferson, and under that clause men
+ were entitled to give their testimony in the courts of Virginia whether
+ they believed in any religion or not, in any bible or not, or in any God
+ or not.
+ </p>
+ <p>
+ That same clause was afterwards adopted by the State of Illinois, also by
+ many other States, and wherever that clause is, no citizen can be denied
+ any civil right on account of his religious principles. It is a broad and
+ generous clause. This statute under which this indictment is drawn, is not
+ in accordance with the spirit of that splendid sentiment. Under that
+ clause, no man can be deprived of any civil right on account of his
+ religious principles, or on account of his belief. And yet, on account of
+ this miserable, this antiquated, this barbarous and savage statute, the
+ same man who cannot be denied any political or civil right, can be sent to
+ the penitentiary as a common felon for simply expressing his honest
+ thought. And before I get through I hope to convince you that this statute
+ is unconstitutional.
+ </p>
+ <p>
+ But we will go another step: "Every person may freely speak, write, or
+ publish his sentiments on all subjects, being responsible for the abuse of
+ that right."
+ </p>
+ <p>
+ That is in the Constitution of nearly every State in the Union, and the
+ intention of that is to cover slanderous words&mdash;to cover a case where
+ a man under pretence of enjoying the freedom of speech falsely assails or
+ accuses his neighbor. Of course he should be held responsible for that
+ abuse.
+ </p>
+ <p>
+ Then follows the great clause in the Constitution of 1844&mdash;more
+ important than any other clause in that instrument&mdash;a clause that
+ shines in that Constitution like a star at night.&mdash;
+ </p>
+ <p>
+ "No law shall be passed to restrain or abridge the liberty of speech or of
+ the press."
+ </p>
+ <p>
+ Can anything be plainer&mdash;anything more forcibly stated?
+ </p>
+ <p>
+ "No law shall be passed to abridge the liberty of speech."
+ </p>
+ <p>
+ Now while you are considering this statute, I want you to keep in mind
+ this other statement:
+ </p>
+ <p>
+ "No law shall be passed to restrain or abridge the liberty of speech or of
+ the press."
+ </p>
+ <p>
+ And right here there is another thing I want to call your attention to.
+ There is a Constitution higher than any statute. There is a law higher
+ than any Constitution. It is the law of the human conscience, and no man
+ who is a man will defile and pollute his conscience at the bidding of any
+ legislature. Above all things one should maintain his self-respect, and
+ there is but one way to do that, and that is to live in accordance with
+ your highest ideal.
+ </p>
+ <p>
+ There is a law higher than men can make. The facts as they exist in this
+ poor world&mdash;the absolute consequences of certain acts&mdash;they are
+ above all. And this higher law is the breath of progress, the very
+ outstretched wings of civilization, under which we enjoy the freedom we
+ have. Keep that in your minds. There never was a legislature great enough&mdash;there
+ never was a Constitution sacred enough, to compel a civilized man to stand
+ between a black man and his liberty. There never was a Constitution great
+ enough to make me stand between any human being and his right to express
+ his honest thoughts. Such a Constitution is an insult to the human soul,
+ and I would care no more for it than I would for the growl of a wild
+ beast. But we are not driven to that necessity here. This Constitution is
+ in accord with the highest and noblest aspirations of the heart&mdash;"No
+ law shall be passed to restrain or abridge the liberty of speech."
+ </p>
+ <p>
+ Now let us come to this old law&mdash;this law that was asleep for a
+ hundred years before this Constitution was adopted&mdash;this law coiled
+ like a snake beneath the foundations of the government&mdash;this law,
+ cowardly, dastardly&mdash;this law passed by wretches who were afraid to
+ discuss&mdash;this law passed by men who could not, and who knew they
+ could not, defend their creed&mdash;and so they said: "Give us the sword
+ of the State and we will cleave the heretic down." And this law was made
+ to control the minority. When the Catholics were in power they visited
+ that law upon their opponents. When the Episcopalians were in power, they
+ tortured and burned the poor Catholic who had scoffed and who had denied
+ the truth of their religion. Whoever was in power used that, and whoever
+ was out of power cursed that&mdash;and yet, the moment he got in power he
+ used it. The people became civilized&mdash;but that law was on the statute
+ book. It simply remained. There it was, sound asleep&mdash;its lips drawn
+ over its long and cruel teeth. Nobody savage enough to waken it. And it
+ slept on, and New Jersey has flourished. Men have done well. You have had
+ average health in this country. Nobody roused the statute until the
+ defendant in this case went to Boonton, and there made a speech in which
+ he gave his honest thought, and the people not having an argument handy,
+ threw stones. Thereupon Mr. Reynolds, the defendant, published a pamphlet
+ on Blasphemy and in it gave a photograph of the Boonton christians. That
+ is his offence. Now let us read this infamous statute:
+ </p>
+ <p>
+ "<i>If any person shall wilfully blaspheme the holy name of God by
+ denying, cursing, or contumeliously reproaching his being</i>."&mdash;
+ </p>
+ <p>
+ I want to say right here&mdash;many a man has cursed the God of another
+ man. The Catholics have cursed the God of the Protestant. The
+ Presbyterians have cursed the God of the Catholics&mdash;charged them with
+ idolatry&mdash;cursed their images, laughed at their ceremonies.
+ </p>
+ <p>
+ And these compliments have been interchanged between all the religions of
+ the world. But I say here to-day that no man, unless a raving maniac, ever
+ cursed the God in whom he believed. No man, no human being, has ever lived
+ who cursed his own idea of God. He always curses the idea that somebody
+ else entertains. No human being ever yet cursed what he believed to be
+ infinite wisdom and infinite goodness&mdash;and you know it. Every man on
+ this jury knows that. He feels that that must be an absolute certainty.
+ Then what have they cursed? Some God they did not believe in&mdash;that is
+ all. And has a man that right? I say yes. He has a right to give his
+ opinion of Jupiter, and there is nobody in Morristown who will deny him
+ that right. But several thousand years ago it would have been very
+ dangerous for him to have cursed Jupiter, and yet Jupiter is just as
+ powerful now as he was then, but the Roman people are not powerful, and
+ that is all there was to Jupiter&mdash;the Roman people.
+ </p>
+ <p>
+ So there was a time when you could have cursed Zeus, the god of the
+ Greeks, and like Socrates, they would have compelled you to drink hemlock.
+ Yet now everybody can curse this god. Why? Is the god dead? No. He is just
+ as alive as he ever was. Then what has happened? The Greeks have passed
+ away. That is all. So in all of our Churches here. Whenever a Church is in
+ the minority it clamors for free speech. When it gets in the majority, no.
+ I do not believe the history of the world will show that any orthodox
+ Church when in the majority ever had the courage to face the free lips of
+ the world. It sends for a constable. And is it not wonderful that they
+ should do this when they preach the gospel of universal forgiveness&mdash;when
+ they say, "if a man strike you on one cheek turn to him the other also"&mdash;but
+ if he laughs at your religion, put him in the penitentiary? Is that the
+ doctrine? Is that the law?
+ </p>
+ <p>
+ Now read this law. Do you know as I read this law I can almost hear John
+ Calvin laugh in his grave. That would have been a delight to him. It is
+ written exactly as he would have written it. There never was an inquisitor
+ who would not have read that law with a malicious smile. The Christians
+ who brought the fagots and ran with all their might to be at the burning,
+ would have enjoyed that law. You know that when they used to burn people
+ for having said something against religion, they used to cut their tongues
+ out before they burned them. Why? For fear that if they did not, the poor
+ burning victims might say something that would scandalize the Christian
+ gentlemen who were building the fire. All these persons would have been
+ delighted with this law.
+ </p>
+ <p>
+ Let us read a little further:
+ </p>
+ <p>
+ "<i>Or by cursing or contumeliously reproaching Jesus Christ</i>."
+ </p>
+ <p>
+ Why, whoever did, since the poor man, or the poor God, was crucified? How
+ did they come to crucify him? Because they did not believe in free speech
+ in Jerusalem. How else? Because there was a law against blasphemy in
+ Jerusalem&mdash;a law exactly like this. Just think of it. O, I tell you
+ we have passed too many milestones on the shining road of human progress
+ to turn back and wallow in that blood, in that mire.
+ </p>
+ <p>
+ No. Some men have said that he was simply a man. Some believed that he was
+ actually a God. Others believed that he was not only a man, but that he
+ stood as the representative of infinite love and wisdom. No man ever said
+ one word against that being for saying "Do unto others as ye would that
+ others should do unto you." No man ever raised his voice against him
+ because he said "Blessed are the merciful, for they shall obtain mercy."
+ And are they the "merciful" who when some man endeavors to answer their
+ argument, put him in the penitentiary? No. The trouble is, the priests&mdash;the
+ trouble is, the ministers&mdash;the trouble is, the people whose business
+ it was to tell the meaning of these things, quarreled with each other and
+ they put meanings upon human expressions by malice, meanings that the
+ words will not bear. And let me be just to them. I believe that nearly all
+ that has been done in this world has been honestly done. I believe that
+ the poor savage who kneels down and prays to a stuffed snake&mdash;prays
+ that his little children may recover from the fever&mdash;is honest, and
+ it seems to me that a good God would answer his prayer if he could, if it
+ was in accordance with wisdom, because the poor savage was doing the best
+ he could, and no one can do any better than that.
+ </p>
+ <p>
+ So I believe that the Presbyterians who used to think that nearly
+ everybody was going to hell, said exactly what they believed. They were
+ honest about it, and I would not send one of them to jail&mdash;would
+ never think of such a thing&mdash;even if he called the unbelievers of the
+ world "wretches," "dogs," and "devils." What would I do? I would simply
+ answer him&mdash;that is all; answer him kindly. I might laugh at him a
+ little, but I would answer him in kindness.
+ </p>
+ <p>
+ So these divisions of the human mind are natural. They are a necessity. Do
+ you know that all the mechanics that ever lived&mdash;take the best ones&mdash;cannot
+ make two clocks that will run exactly alike one hour, one minute? They
+ cannot make two pendulums that will beat in exactly the same time, one
+ beat. If you cannot do that, how are you going to make hundreds,
+ thousands, billions of people, each with a different quality and quantity
+ of brain, each clad in a robe of living, quivering flesh, and each driven
+ by passion's storm over the wild sea of life&mdash;how are you going to
+ make them all think alike? This is the impossible thing that Christian
+ ignorance and bigotry and malice have been trying to do. This was the
+ object of the Inquisition and of the foolish legislature that passed this
+ statute.
+ </p>
+ <p>
+ Let me read you another line from this ignorant statute:&mdash;
+ </p>
+ <p>
+ "<i>Or the Christian religion</i>."
+ </p>
+ <p>
+ Well, what is the Christian religion? "If you scoff at the Christian
+ religion&mdash;if you curse the Christian religion." Well what is it?
+ Gentlemen, you hear Presbyterians every day attack the Catholic Church. Is
+ that the Christian religion? The Catholic believes it is the Christian
+ religion, and you have to admit that it is the oldest one, and then the
+ Catholics turn round and scoff at the Protestants. Is that the Christian
+ religion? If so, every Christian religion has been cursed by every other
+ Christian religion. Is not that an absurd and foolish statute?
+ </p>
+ <p>
+ I say that the Catholic has the right to attack the Presbyterian and tell
+ him, "Your doctrine is all wrong." I think he has the right to say to him,
+ "You are leading thousands to hell." If he believes it, he not only has
+ the right to say it, but it is his duty to say it; and if the Presbyterian
+ really believes the Catholics are all going to the devil, it is his duty
+ to say so. Why not? I will never have any religion that I cannot defend&mdash;that
+ is, that I do not believe I can defend. I may be mistaken, because no man
+ is absolutely certain that he knows. We all understand that. Every one is
+ liable to be mistaken. The horizon of each individual is very narrow, and
+ in his poor sky the stars are few and very small.
+ </p>
+ <p>
+ "<i>Or the word of God,&mdash;</i>"
+ </p>
+ <p>
+ What is that?
+ </p>
+ <p>
+ "<i>The canonical Scriptures contained in the books of the Old and New
+ Testaments</i>."
+ </p>
+ <p>
+ Now what has a man the right to say about that? Has he the right to show
+ that the book of Revelation got into the canon by one vote, and one only?
+ Has he the right to show that they passed in convention upon what books
+ they would put in and what they would not? Has he the right to show that
+ there were twenty-eight books called "The Books of the Hebrews?" Has he
+ the right to show that? Has he the right to show that Martin Luther said
+ he did not believe there was one solitary word of gospel in the Epistle to
+ the Romans? Has he the right to show that some of these books were not
+ written till nearly two hundred years afterwards? Has he the right to say
+ it, if he believes it? I do not say whether this is true or not, but has a
+ man the right to say it if he believes it?
+ </p>
+ <p>
+ Now suppose I should read the bible all through right here in Morristown,
+ and after I got through I should make up my mind that it is not a true
+ book&mdash;what ought I to say? Ought I to clap my hand over my mouth and
+ start for another State, and the minute I got over the line say, "It is
+ not true, It is not true?" Or, ought I to have the right and privilege of
+ saying right here in New Jersey, "My fellow citizens, I have read the book&mdash;I
+ do not believe that it is the word of God?"
+ </p>
+ <p>
+ Suppose I read it and think it is true, then I am bound to say so. If I
+ should go to Turkey and read the Koran and make up my mind that it is
+ false, you would all say that I was a miserable poltroon if I did not say
+ so.
+ </p>
+ <p>
+ By force you can make hypocrites&mdash;men who will agree with you from
+ the teeth out, and in their hearts hate you. We want no more hypocrites.
+ We have enough in every community. And how are you going to keep from
+ having more? By having the air free,&mdash;by wiping from your statute
+ books such miserable and infamous laws as this.
+ </p>
+ <p>
+ "<i>The Holy Scriptures</i>."
+ </p>
+ <p>
+ Are they holy? Must a man be honest? Has he the right to be sincere? There
+ are thousands of things in the Scriptures that everybody believes.
+ Everybody believes the Scriptures are right when they say, "Thou shalt not
+ steal"&mdash;everybody. And when they say "Give good measure, heaped up
+ and running over," everybody says, "Good!" So when they say "Love your
+ neighbor," everybody applauds that. Suppose a man believes that, and
+ practices it, does it make any difference whether he believes in the flood
+ or not? Is that of any importance? Whether a man built an ark or not&mdash;does
+ that make the slightest difference? A man might deny it and yet be a very
+ good man. Another might believe it and be a very mean man. Could it now,
+ by any possibility, make a man a good father, a good husband, a good
+ citizen? Does it make any difference whether you believe it or not? Does
+ it make any difference whether or not you believe that a man was going
+ through town and his hair was a little short, like mine, and some little
+ children laughed at him, and thereupon two bears from the woods came down
+ and tore to pieces about forty of these children? Is it necessary to
+ believe that? Suppose a man should say, "I guess that is a mistake. They
+ did not copy that right. I guess the man that reported that was a little
+ dull of hearing and did not get the story exactly right." Any harm in
+ saying that? Is a man to be sent to the penitentiary for that? Can you
+ imagine an infinitely good God sending a man to hell because he did not
+ believe the bear story?
+ </p>
+ <p>
+ So I say if you believe the bible, say so; if you do not believe it, say
+ so. And here is the vital mistake, I might almost say, in Protestantism
+ itself. The Protestants when they fought the Catholics said: "Read the
+ bible for yourselves&mdash;stop taking it from your priests&mdash;read the
+ sacred volume with your own eyes. It is a revelation from God to his
+ children, and you are the children." And then they said: "If after you
+ read it you do not believe it, and you say anything against it, we will
+ put you in jail, and God will put you in hell." That is a fine position to
+ get a man in. It is like a man who invited his neighbor to come and look
+ at his pictures, saying: "They are the finest in the place, and I want
+ your candid opinion. A man who looked at them the other day said they were
+ daubs, and I kicked him down stairs&mdash;now I want your candid
+ judgment." So the Protestant Church says to a man, "This bible is a
+ message from your Father,&mdash;your Father in heaven. Read it. Judge for
+ yourself. But if after you have read it you say it is not true, I will put
+ you in the penitentiary for one year." The Catholic Church has a little
+ more sense about that&mdash;at least more logic. It says: "This bible is
+ not given to everybody. It is given to the world, to be sure, but it must
+ be interpreted by the Church. God would not give a bible to the world
+ unless he also appointed some one, some organization, to tell the world
+ what it means." They said: "We do not want the world filled with
+ interpretations, and all the interpreters fighting each other." And the
+ Protestant has gone to the infinite absurdity of saying: "Judge for
+ yourself, but if you judge wrong you will go to the penitentiary here and
+ to hell hereafter."
+ </p>
+ <p>
+ Now let us see further:
+ </p>
+ <p>
+ "<i>Or by profane scoffing expose them to ridicule</i>." Think of such a
+ law as that, passed under a Constitution that says, "No law shall abridge
+ the liberty of speech." But you must not ridicule the Scriptures. Did
+ anybody ever dream of passing a law to protect Shakespeare from being
+ laughed at? Did anybody ever think of such a thing? Did anybody ever want
+ any legislative enactment to keep people from holding Robert Burns in
+ contempt? The songs of Burns will be sung as long as there is love in the
+ human heart Do we need to protect him from ridicule by a statute? Does he
+ need assistance from New Jersey? Is any statute needed to keep Euclid from
+ being laughed at in this neighborhood? And is it possible that a work
+ written by an infinite being has to be protected by a legislature? Is it
+ possible that a book cannot be written by a God so that it will not excite
+ the laughter of the human race?
+ </p>
+ <p>
+ Why gentlemen, humor is one of the most valuable things in the human
+ brain. It is the torch of the mind&mdash;it sheds light. Humor is the
+ readiest test of truth&mdash;of the natural, of the sensible&mdash;and
+ when you take from a man all sense of humor, there will only be enough
+ left to make a bigot. Teach this man who has no humor&mdash;no sense of
+ the absurd&mdash;the Presbyterian creed, fill his darkened brain with
+ superstition and his heart with hatred&mdash;then frighten him with the
+ threat of hell, and he will be ready to vote for that statute. Such men
+ made that law.
+ </p>
+ <p>
+ Let us read another clause:&mdash;
+ </p>
+ <p>
+ "<i>And every person so offending shall, on conviction, be fined not
+ exceeding two hundred dollars, or imprisoned at hard labor not exceeding
+ twelve months, or both:</i>"
+ </p>
+ <p>
+ I want you to remember that this statute was passed in England hundreds of
+ years ago&mdash;just in that language. The punishment, however, has been
+ somewhat changed. In the good old days when the king sat on the throne&mdash;in
+ the good old days when the altar was the right-bower of the throne&mdash;then,
+ instead of saying: "fined two hundred dollars and imprisoned one year," it
+ was: "All his goods shall be confiscated; his tongue shall be bored with a
+ hot iron, and upon his forehead he shall be branded with the letter B; and
+ for the second offence he shall suffer death by burning." Those were the
+ good old days when people maintained the orthodox religion in all its
+ purity and in all its ferocity.
+ </p>
+ <p>
+ The first question for you, gentlemen, to decide in this case is: Is this
+ statute constitutional? Is this statute in harmony with that part of the
+ Constitution of 1844 which says: "The liberty of speech shall not be
+ abridged?" That is for you to say. Is this law constitutional, or is it
+ simply an old statute that fell asleep, that was forgotten, that people
+ simply failed to repeal? I believe I can convince you, if you will think a
+ moment, that our fathers never intended to establish a government like
+ that. When they fought for what they believed to be religious liberty&mdash;when
+ they fought for what they believed to be liberty of speech, they believed
+ that all such statutes would be wiped from the statute books of all the
+ States.
+ </p>
+ <p>
+ Let me tell you another reason why I believe this. We have in this country
+ naturalization laws. Persons may come here irrespective of their religion.
+ They must simply swear allegiance to this country&mdash;they must forswear
+ allegiance to every other potentate, prince and power&mdash;but they do
+ not have to change their religion. A Hindoo may become a citizen of the
+ United States, and the Constitution of the United States, like the
+ Constitution of New Jersey, guarantees religious liberty. That Hindoo
+ believes in a God&mdash;in a God that no Christian does believe in. He
+ believes in a sacred book that every Christian looks upon as a collection
+ of falsehoods. He believes, too, in a Saviour&mdash;in Buddha. Now I ask
+ you,&mdash;when that man comes here and becomes a citizen&mdash;when the
+ Constitution is about him, above him&mdash;has he the right to give his
+ ideas about his religion? Has he the right to say in New Jersey: "There is
+ no God except the Supreme Brahm&mdash;there is no Saviour except Buddha
+ the Illuminated, Buddha the Blest?" I say that he has that right&mdash;and
+ you have no right, because in addition to that he says, "You are mistaken;
+ your God is not God; your bible is not true, and your religion is a
+ mistake," to abridge his liberty of speech. He has the right to say it,
+ and if he has the right to say it, I insist before this Court and before
+ this jury, that he has the right to give his reasons for saying it; and in
+ giving those reasons, in maintaining his side, he has the right, not
+ simply to appeal to history, not simply to the masonry of logic, but he
+ has the right to shoot the arrows of wit, and to use the smile of
+ ridicule. Anything that can be laughed out of this world ought not to stay
+ in it.
+ </p>
+ <p>
+ So the Persian&mdash;the believer in Zoroaster, in the spirits of Good and
+ Evil, and that the spirit of Evil will finally triumph forever&mdash;if
+ that is his religion&mdash;has the right to state it, and the right to
+ give his reasons for his belief. How infinitely preposterous for you, one
+ of the States of this Union, to invite a Persian or a Hindoo to come to
+ your shores. You do not ask him to renounce his God. You ask him to
+ renounce the Shah. Then when he becomes a citizen, having the rights of
+ every other citizen, he has the right to defend his religion and to
+ denounce yours.
+ </p>
+ <p>
+ There is another thing. What was the spirit of our government at that
+ time? You must look at the leading men. Who were they? What were their
+ opinions? Were most of them as guilty of blasphemy as is the defendant in
+ this case? Thomas Jefferson&mdash;and there is in my judgment only one
+ name on the page of American history greater than his&mdash;only one name
+ for which I have a greater and a tenderer reverence&mdash;and that is
+ Abraham Lincoln, because of all men who ever lived and had power, he was
+ the most merciful. And that is the way to test a man. How does he use
+ power? Does he want to crush his fellow citizens? Does he like to lock
+ somebody up in the penitentiary because he has the power of the moment?
+ Does he wish to use it as a despot, or as a philanthropist&mdash;like a
+ devil, or like a man?
+ </p>
+ <p>
+ Thomas Jefferson entertained about the same views entertained by the
+ defendant in this case, and he was made President of the United States. He
+ was the author of the Declaration of Independence, founder of the
+ University of Virginia, writer of that clause in the Constitution of that
+ State that made all the citizens equal before the law. And when I come to
+ the very sentences here charged as blasphemy, I will show you that these
+ were the common sentiments of thousands of very great, of very
+ intellectual and admirable men.
+ </p>
+ <p>
+ I have no time, and it may be this is not the place and the occasion, to
+ call your attention to the infinite harm that has been done in almost
+ every religious nation by statutes such as this. Where that statute is,
+ liberty can not be; and if this statute is enforced by this jury and by
+ this Court, and if it is afterwards carried out, and if it could be
+ carried out in the States of this Union, there would be an end of all
+ intellectual progress. We would go back to the dark ages. Every man's
+ mind, upon these subjects at least, would become a stagnant pool, covered
+ with the scum of prejudice and meanness.
+ </p>
+ <p>
+ And wherever such laws have been enforced, have the people been friends?
+ Here we are to-day in this blessed air&mdash;here amid these happy fields.
+ Can we imagine, with these surroundings, that a man for having been found
+ with a crucifix in his poor little home had been taken from his wife and
+ children and burned&mdash;burned by Protestants? You cannot conceive of
+ such a thing now. Neither can you conceive that there was a time when
+ Catholics found some poor Protestant contradicting one of the dogmas of
+ the Church, and took that poor honest wretch&mdash;while his wife wept&mdash;while
+ his children clung to his hands&mdash;to the public square, drove a stake
+ in the ground, put a chain or two about him, lighted the fagots, and let
+ the wife whom he loved and his little children see the flames climb around
+ his limbs&mdash;you cannot imagine that any such infamy was ever
+ practiced. And yet I tell you that the same spirit made this detestable,
+ infamous, devilish statute.
+ </p>
+ <p>
+ You can hardly imagine that there was a time when the same kind of men
+ that made this law said to another man: "You say this world is round?"
+ "Yes, sir; I think it is, because I have seen its shadow on the moon."
+ "You have?"&mdash;Now can you imagine a society outside of hyenas and boa
+ constrictors that would take that man, put him in the penitentiary, in a
+ dungeon, turn the key upon him, and let his name be blotted from the book
+ of human life? Years afterward some explorer amid ruins finds a few bones.
+ The same spirit that did that, made this statute&mdash;the same spirit
+ that did that, went before the grand jury in this case&mdash;exactly. Give
+ the men that had this man indicted the power, and I would not want to live
+ in that particular part of the country. I would not willingly live with
+ such men. I would go somewhere else, where the air is free, where I could
+ speak my sentiments to my wife, to my children, and to my neighbors.
+ </p>
+ <p>
+ Now this persecution differs only in degree from the infamies of the olden
+ time. What does it mean? It means that the State of New Jersey has all the
+ light it wants. And what does that mean? It means that the State of New
+ Jersey is absolutely infallible&mdash;that it has got its growth, and does
+ not propose to grow any more. New Jersey knows enough, and it will send
+ teachers to the penitentiary.
+ </p>
+ <p>
+ It is hardly possible that this State has accomplished all that it is ever
+ going to accomplish. Religions are for a day. They are the clouds.
+ Humanity is the eternal blue. Religions are the waves of the sea. These
+ waves depend upon the force and direction of the wind&mdash;that is to
+ say, of passion; but Humanity is the great sea. And so our religions
+ change from day to day, and it is a blessed thing that they do. Why?
+ Because we grow, and we are getting a little more civilized every day,&mdash;and
+ any man that is not willing to let another man express his opinion, is not
+ a civilized man, and you know it. Any man that does not give to everybody
+ else the rights he claims for himself, is not an honest man.
+ </p>
+ <p>
+ Here is a man who says, "I am going to join the Methodist Church." What
+ right has he? Just the same right to join it that I have not to join it&mdash;no
+ more, no less. But if you are a Methodist and I am not, it simply proves
+ that you do not agree with me, and that I do not agree with you&mdash;that
+ is all. Another man is a Catholic. He was born a Catholic, or is convinced
+ that Catholicism is right. That is his business, and any man that would
+ persecute him on that account, is a poor barbarian&mdash;a savage; any man
+ that would abuse him on that account, is a barbarian&mdash;a savage.
+ </p>
+ <p>
+ Then I take the next step. A man does not wish to belong to any church.
+ How are you going to judge him? Judge him by the way he treats his wife,
+ his children, his neighbors. Does he pay his debts? Does he tell the
+ truth? Does he help the poor? Has he got a heart that melts when he hears
+ grief's story? That is the way to judge him. I do not care what he thinks
+ about the bears, or the flood, about bibles or gods. When some poor mother
+ is found wandering in the street with a babe at her breast, does he quote
+ Scripture, or hunt for his pocket-book? That is the way to judge. And
+ suppose he does not believe in any bible whatever? If Christianity is
+ true, that is his misfortune, and everybody should pity the poor wretch
+ that is going down the hill. Why kick him? You will get your revenge on
+ him through all eternity&mdash;is not that enough?
+ </p>
+ <p>
+ So I say, let us judge each other by our actions, not by theories, not by
+ what we happen to believe&mdash;because that depends very much on where we
+ were born.
+ </p>
+ <p>
+ If you had been born in Turkey, you probably would have been a Mohammedan.
+ If I had been born among the Hindoos, I might have been a Buddhist&mdash;I
+ can't tell. If I had been raised in Scotland, on oat meal, I might have
+ been a Covenanter&mdash;nobody knows. If I had lived in Ireland, and seen
+ my poor wife and children driven into the street, I think I might have
+ been a Home Ruler&mdash;no doubt of it. You see it depends on where you
+ were born&mdash;much depends on our surroundings.
+ </p>
+ <p>
+ Of course, there are men born in Turkey who are not Mohammedans, and there
+ are men born in this country who are not Christians&mdash;Methodists,
+ Unitarians, or Catholics, plenty of them, who are unbelievers&mdash;plenty
+ of them who deny the truth of the Scriptures&mdash;plenty of them who say:
+ "I know not whether there be a God or not." Well, it is a thousand times
+ better to say that honestly than to say dishonestly that you believe in
+ God.
+ </p>
+ <p>
+ If you want to know the opinion of your neighbor, you want his honest
+ opinion. You do not want to be deceived. You do not want to talk with a
+ hypocrite. You want to get straight at his honest mind&mdash;and then you
+ are going to judge him, not by what he says but by what he does. It is
+ very easy to sail along with the majority&mdash;easy to sail the way the
+ boats are going&mdash;easy to float with the stream; but when you come to
+ swim against the tide, with the men on the shore throwing rocks at you,
+ you will get a good deal of exercise in this world.
+ </p>
+ <p>
+ And do you know that we ought to feel under the greatest obligation to men
+ who have fought the prevailing notions of their day? There is not a
+ Presbyterian in Morristown that does not hold up for admiration the man
+ that carried the flag of the Presbyterians when they were in the minority&mdash;not
+ one. There is not a Methodist in this state who does not admire John and
+ Charles Wesley and Whitefield, who carried the banner of that new and
+ despised sect when it was in the minority. They glory in them because they
+ braved public opinion, because they dared to oppose idiotic, barbarous and
+ savage statutes like this. And there is not a Universalist that does not
+ worship dear old Hosea Ballon&mdash;I love him myself&mdash;because he
+ said to the Presbyterian minister: "You are going around trying to keep
+ people out of hell, and I am going around trying to keep hell out of the
+ people." Every Universalist admires him and loves him because when
+ despised and railed at and spit upon, he stood firm, a patient witness for
+ the eternal mercy of God. And there is not a solitary Protestant who does
+ not honor Martin Luther&mdash;who does not honor the Covenanters in poor
+ Scotland, and that poor girl who was tied out on the sand of the sea by
+ Episcopalians, and kept there till the rising tide drowned her, and all
+ she had to do to save her life was to say, "God save the king;" but she
+ would not say it without the addition of the words, "If it be God's will."
+ No one, who is not a miserable, contemptible wretch, can fail to stand in
+ admiration before such courage, such self-denial&mdash;such heroism. No
+ matter what the attitude of your body may be, your soul falls on its knees
+ before such men and such women.
+ </p>
+ <p>
+ Let us take another step. Where would we have been if authority had always
+ triumphed? Where would we have been if such statutes had always been
+ carried out? We have now a science called Astronomy. That science has done
+ more to enlarge the horizon of human thought than all things else. We now
+ live in an infinite universe. We know that the sun is a million times
+ larger than our earth, and we know that there are other great luminaries
+ millions of times larger than our sun. We know that there are planets so
+ far away that light, traveling at the rate of one hundred and eighty-five
+ thousand miles a second, requires fifteen thousand years to reach this
+ grain of sand, this tear, we call the earth&mdash;and we now know that all
+ the fields of space are sown thick with constellations. If that statute
+ had been enforced, that Science would not now be the property of the human
+ mind. That Science is contrary to the bible, and for asserting the truth
+ you become a criminal. For what sum of money, for what amount of wealth,
+ would the world have the science of Astronomy expunged from the brain of
+ man? We learned the story of the stars in spite of that statute.
+ </p>
+ <p>
+ The first men who said the world was round were scourged for scoffing at
+ the Scriptures. And even Martin Luther, speaking of one of the greatest
+ men that ever lived, said: "Does he think with his little lever to
+ overturn the Universe of God?" Martin Luther insisted that such men ought
+ to be trampled under foot. If that statute had been carried into effect,
+ Galileo would have been impossible. Kepler, the discoverer of the three
+ laws, would have died with the great secret locked in his brain, and
+ mankind would have been left ignorant, superstitious, and besotted. And
+ what else? If that statute had been carried out, the world would have been
+ deprived of the philosophy of Spinoza; of the philosophy, of the
+ literature, of the wit and wisdom, the justice and mercy of Voltaire, the
+ greatest Frenchman that ever drew the breath of life&mdash;the man who by
+ his mighty pen abolished torture in a nation, and helped to civilize a
+ world.
+ </p>
+ <p>
+ If that statute had been enforced, nearly all the books that enrich the
+ libraries of the world could not have been written. If that statute had
+ been enforced, Humboldt could not have delivered the lectures now known as
+ "The Cosmos." If that statute had been enforced, Charles Darwin would not
+ have been allowed to give to the world his discoveries that have been of
+ more benefit to mankind than all the sermons ever uttered. In England they
+ have placed his sacred dust in the great Abbey. If he had lived in New
+ Jersey, and this statute could have been enforced, he would have lived one
+ year at least in your penitentiary. Why? That man went so far as not
+ simply to deny the truth of your bible, but absolutely to deny the
+ existence of your God. Was he a good man? Yes, one of the noblest and
+ greatest of men. Humboldt, the greatest German who ever lived, was of the
+ same opinion.
+ </p>
+ <p>
+ And so I might go on with the great men of to-day. Who are the men who are
+ leading the race upward and shedding light in the intellectual world? They
+ are the men declared by that statute to be criminals. Mr. Spencer could
+ not publish his books in the State of New Jersey. He would be arrested,
+ tried, and imprisoned; and yet that man has added to the intellectual
+ wealth of the world.
+ </p>
+ <p>
+ So with Huxley, so with Tyndal, so with Helmholz&mdash;so with the
+ greatest thinkers and greatest writers of modern times.
+ </p>
+ <p>
+ You may not agree with these men&mdash;and what does that prove? It simply
+ proves that they do not agree with you&mdash;that is all. Who is to blame?
+ I do not know. They may be wrong, and you may be right; but if they had
+ the power, and put you in the penitentiary simply because you differed
+ with them, they would be savages; and if you have the power and imprison
+ men because they differ from you, why then, of course, you are savages.
+ </p>
+ <p>
+ No; I believe in intellectual hospitality. I love men that have a little
+ horizon to their minds&mdash;a little sky, a little scope. I hate anything
+ that is narrow and pinched and withered and mean and crawling, and that is
+ willing to live on dust. I believe in creating such an atmosphere that
+ things will burst into blossom. I believe in good will, good health, good
+ fellowship, good feeling&mdash;and if there is any God on the earth, or in
+ heaven, let us hope that he will be generous and grand. Do you not see
+ what the effect will be? I am not cursing you because you are a Methodist,
+ and not damning you because you are a Catholic, or because you are an
+ Infidel&mdash;a good man is more; than all of these. The grandest of all
+ things is to be in the highest and noblest sense a man.
+ </p>
+ <p>
+ Now let us see the frightful things that this man, the defendant in this
+ case, has done. Let me read the charges against him as set out in this
+ indictment.
+ </p>
+ <p>
+ I shall insist that this statute does not cover any publication&mdash;that
+ it covers simply speech&mdash;not in writing, not in book or pamphlet. Let
+ us see:
+ </p>
+ <p>
+ "This bible describes God as so loving that he drowned the whole world in
+ his mad fury."
+ </p>
+ <p>
+ Well, the great question about that is, is it true? Does the bible
+ describe God as having drowned the whole world with the exception of eight
+ people? Does it, or does it not? I do not know whether there is anybody in
+ this county who has really read the bible, but I believe the story of the
+ flood is there. It does say that God destroyed all flesh, and that he did
+ so because he was angry. He says so himself, if the bible be true.
+ </p>
+ <p>
+ The defendant has simply repeated what is in the bible. The bible says
+ that God is loving, and says that he drowned the world, and that he was
+ angry. Is it blasphemy to quote from the "Sacred Scriptures?"
+ </p>
+ <p>
+ "<i>Because it was so much worse than he, knowing all things, ever
+ supposed it could be.</i>"&mdash;
+ </p>
+ <p>
+ Well, the bible does say that he repented having made man. Now is there
+ any blasphemy in saying that the bible is true? That is the only question.
+ It is a fact that God, according to the bible, did drown nearly everybody.
+ If God knows all things, he must have known at the time he made them that
+ he was going to drown them. Is it likely that a being of infinite wisdom
+ would deliberately do what he knew he must undo? Is it blasphemy to ask
+ that question? Have you a right to think about it at all? If you have, you
+ have the right to tell somebody what you think&mdash;if not, you have no
+ right to discuss it, no right to think about it. All you have to do is to
+ read it and believe it&mdash;to open your mouth like a young robin, and
+ swallow&mdash;worms or shingle nails&mdash;no matter which.
+ </p>
+ <p>
+ The defendant further blasphemed and said that:&mdash;
+ </p>
+ <p>
+ "<i>An all-wise, unchangeable God, who got out of patience with a world
+ which was just what his own stupid blundering had made it, knew no better
+ way out of the muddle than to destroy it by drowning!</i>"
+ </p>
+ <p>
+ Is that true? Was not the world exactly as God made it? Certainly. Did he
+ not, if the bible is true, drown the people? He did. Did he know he would
+ drown them when he made them? He did. Did he know they ought to be drowned
+ when they were made? He did. Where, then, is the blasphemy in saying so?
+ There is not a minister in this world who could explain it&mdash;who would
+ be permitted to explain it&mdash;under this statute. And yet you would
+ arrest this man and put him in the penitentiary. But after you lock him in
+ the cell, there remains the question still. Is it possible that a good and
+ wise God, knowing that he was going to drown them, made millions of
+ people? What did he make them for? I do not know. I do not pretend to be
+ wise enough to answer that question. Of course, you cannot answer the
+ question. Is there anything blasphemous in that? Would it be blasphemy in
+ me to say I do not believe that any God ever made men, women and children&mdash;mothers,
+ with babes clasped to their breasts, and then sent a flood to fill the
+ world with death?
+ </p>
+ <p>
+ A rain lasting for forty days&mdash;the water rising hour by hour, and the
+ poor wretched children of God climbing to the tops of their houses&mdash;then
+ to the tops of the hills. The water still rising&mdash;no mercy. The
+ people climbing higher and higher, looking to the mountains for salvation&mdash;the
+ merciless rain still falling, the inexorable flood still rising. Children
+ falling from the arms of mothers&mdash;no pity. The highest hills covered&mdash;infancy
+ and old age mingling in death&mdash;the cries of women, the sobs and sighs
+ lost in the roar of waves&mdash;the heavens still relentless. The
+ mountains are covered&mdash;a shoreless sea rolls round the world, and on
+ its billows are billions of corpses.
+ </p>
+ <p>
+ This is the greatest crime that man has imagined, and this crime is called
+ a deed of infinite mercy.
+ </p>
+ <p>
+ Do you believe that? I do not believe one word of it, and I have the right
+ to say to all the world that this is false.
+ </p>
+ <p>
+ If there be a good God, the story is not true. If there be a wise God, the
+ story is not true. Ought an honest man to be sent to the penitentiary for
+ simply telling the truth?
+ </p>
+ <p>
+ Suppose we had a statute that whoever scoffed at Science&mdash;whoever by
+ profane language should bring the Rule of Three into contempt, or whoever
+ should attack the proposition that two parallel lines will never include a
+ space, should be sent to the penitentiary&mdash;what would you think of
+ it? It would be just as wise and just as idiotic as this.
+ </p>
+ <p>
+ And what else says the defendant?
+ </p>
+ <p>
+ "<i>The bible-God says that his people made him jealous" "Provoked him to
+ anger.</i>"
+ </p>
+ <p>
+ Is that true? It is. If it is true, is it blasphemous?
+ </p>
+ <p>
+ Let us read another line&mdash;
+ </p>
+ <p>
+ "<i>And now he will raise the mischief with them; that his anger burns
+ like hell</i>."
+ </p>
+ <p>
+ That is true. The bible says of God&mdash;"My anger burns to the lowest
+ hell." And that is all that the defendant says. Every word of it is in the
+ bible. He simply does not believe it&mdash;and for that reason is a
+ "blasphemer."
+ </p>
+ <p>
+ I say to you now, gentlemen,&mdash;and I shall argue to the Court,&mdash;that
+ there is not in what I have read a solitary blasphemous word&mdash;not a
+ word that has not been said in hundreds of pulpits in the Christian world.
+ Theodore Parker, a Unitarian, speaking of this bible-God, said: "Vishnu
+ with a necklace of skulls, Vishnu with bracelets of living, hissing
+ serpents, is a figure of Love and Mercy compared to the God of the Old
+ Testament." That, we might call "blasphemy," but not what I have read.
+ </p>
+ <p>
+ Let us read on:&mdash;
+ </p>
+ <p>
+ "<i>He would destroy them all were it not that he feared the wrath of the
+ enemy</i>."
+ </p>
+ <p>
+ That is in the bible&mdash;word for word. Then the defendant in
+ astonishment says:
+ </p>
+ <p>
+ "<i>The Almighty God afraid of his enemies!</i>"
+ </p>
+ <p>
+ That is what the bible says. What does it mean? If the bible is true, God
+ was afraid.
+ </p>
+ <p>
+ "<i>Can the mind conceive of more horrid blasphemy?</i>"
+ </p>
+ <p>
+ 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&mdash;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&mdash;this savage law.
+ </p>
+ <p>
+ "<i>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</i>."
+ </p>
+ <p>
+ Now is it not a fact that the Old Testament does uphold polygamy? Abraham
+ would have gotten into trouble in New Jersey&mdash;no doubt of that. Sarah
+ could have obtained a divorce in this state,&mdash;no doubt of that. What
+ is the use of telling a falsehood about it? Let us tell the truth about
+ the patriarchs.
+ </p>
+ <p>
+ Everybody knows that the same is true of Moses. We have all heard of
+ Solomon&mdash;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.
+ </p>
+ <p>
+ 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&mdash;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&mdash;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.
+ </p>
+ <p>
+ 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&mdash;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,"&mdash;Then comes this particularly blasphemous line: "<i>Now,
+ reader, take time and calmly think it over</i>." 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&mdash;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.
+ </p>
+ <p>
+ 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:
+ </p>
+ <p>
+ "<i>Take time to calmly think it over: Was a Jewish girl the mother of
+ God, the mother of your God?</i>"
+ </p>
+ <p>
+ 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.&mdash;Millions believe that this is
+ true&mdash;I do not believe,&mdash;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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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,&mdash;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,&mdash;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"?&mdash;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.
+ </p>
+ <p>
+ The defendant is also charged with having said that "<i>God cried and
+ screamed.</i>"
+ </p>
+ <p>
+ Why not? If he was absolutely a child, he was like other children,&mdash;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 pretense. And the defendant also
+ says that if the orthodox religion be true, that the "<i>God of the
+ Universe kicked, and flung about his little arms, and made aimless dashes
+ into space with his little fists</i>."
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ I think it is the best thing about the Catholic Church that it lifts up
+ for adoration and admiration, a mother,&mdash;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.
+ </p>
+ <p>
+ The defendant says more about the childhood of Christ. He goes so far as
+ to say, that
+ </p>
+ <p>
+ "<i>He was found staring foolishly at his own little toes.</i>"
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ The defendant also says, speaking of the infant Christ, "He was nursed at
+ Mary's breast."
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ Imagination, like the atmosphere of Spring, woes 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.
+ </p>
+ <p>
+ 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&mdash;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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ But the defendant, still speaking of the infant Christ, is charged with
+ having said,
+ </p>
+ <p>
+ "<i>God smiled when he was comfortable. He lay in a cradle and was rocked
+ to sleep</i>."
+ </p>
+ <p>
+ Yes, and there is no more beautiful picture than that Let some great
+ religious genius paint a picture of this kind&mdash;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,&mdash;a
+ picture that was a likeness,&mdash;rocked by his mother? I would give more
+ for this than for any painting that now enriches the walls of the world.
+ </p>
+ <p>
+ The defendant also says, that
+ </p>
+ <p>
+ "<i>God was sick when cutting his teeth</i>."
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ "<i>He caught the measles, the mumps, the scarlet fever and the whooping
+ cough</i>."
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ He has said, that&mdash;
+ </p>
+ <p>
+ "<i>According to the Old Testament, the God of the Christian world
+ commanded people to destroy each other.</i>"
+ </p>
+ <p>
+ 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?
+ </p>
+ <p>
+ 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?
+ </p>
+ <p>
+ Must we say when this ancient king had one of his best generals placed in
+ the front of the battle&mdash;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:
+ </p>
+ <p>
+ "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."
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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&mdash;if that law goes to sleep, it never wakes, it sleeps
+ the sleep of death.
+ </p>
+ <p>
+ 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&mdash;it being a law in favor of a
+ defendant&mdash;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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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 tran-substantiation, 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.
+ </p>
+ <p>
+ When Henry the 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&mdash;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.
+ </p>
+ <p>
+ 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 where-ever 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.
+ </p>
+ <p>
+ As long as the Church has the power to close the lips of men, so long and
+ no longer will superstition rule this world.
+ </p>
+ <p>
+ Blasphemy is the word that the majority hisses into the ear of the few.
+ </p>
+ <p>
+ After every argument of the Church has been answered, has been refuted,
+ then the Church cries, "blasphemy!"
+ </p>
+ <p>
+ Blasphemy is what an old mistake says of a newly discovered truth.
+ </p>
+ <p>
+ Blasphemy is what a withered last year's leaf says of this year's bud.
+ </p>
+ <p>
+ Blasphemy is the bulwark of religious prejudice.
+ </p>
+ <p>
+ Blasphemy is the breastplate of the heartless. And let me say now, that
+ the crime of blasphemy set out in this statute, is impossible. No man can
+ blaspheme a book. No man can commit blasphemy telling his honest thought.
+ No man can blaspheme God, or a Holy Ghost, or a Son of God. The Infinite
+ cannot be blasphemed.
+ </p>
+ <p>
+ In the olden time, in the days of savagery and superstition, when some
+ poor man was struck by lightning, when a blackened mark was left on the
+ breast of and mother, the poor savage supposed that son angered by
+ something he had done, had taken revenge. What else did the savage
+ suppose? He believed that this God had the same feelings, with to the
+ loyalty of his subjects, that an earthly chief or an earthly king with
+ regard to the loyalty or tread of members of his tribe, or citizens of his
+ kingdom 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 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-defense; 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ There is one splendid thing in nature, and that is that men and nations
+ must reap the consequences of their acts&mdash;reap them in this world, if
+ they live, and in another, if there be one. That 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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,&mdash;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.
+ </p>
+ <p>
+ What is blasphemy? I will give you a definition; I will give you my
+ thought upon this subject. What is real blasphemy?
+ </p>
+ <p>
+ To live on the unpaid labor of other men&mdash;that is blasphemy.
+ </p>
+ <p>
+ To enslave your fellow-man, to put chains upon his body&mdash;that is
+ blasphemy.
+ </p>
+ <p>
+ To enslave the minds of men, to put manacles upon the brain, padlocks upon
+ the lips&mdash;that is blasphemy.
+ </p>
+ <p>
+ To deny what you believe to be true, to admit to be true what you believe
+ to be a lie&mdash;that is blasphemy.
+ </p>
+ <p>
+ To strike the weak and unprotected, in order that you may gain the
+ applause of the ignorant and superstitious mob&mdash;that is blasphemy.
+ </p>
+ <p>
+ To persecute the intelligent few, at the command of the ignorant many&mdash;that
+ is blasphemy.
+ </p>
+ <p>
+ To forge chains, to build dungeons, for your honest fellow-men&mdash;that
+ is blasphemy.
+ </p>
+ <p>
+ To pollute the souls of children with the dogma of eternal pain&mdash;that
+ is blasphemy.
+ </p>
+ <p>
+ To violate your conscience&mdash;that is blasphemy.
+ </p>
+ <p>
+ The jury that gives an unjust verdict, and the Judge who pronounces an
+ unjust sentence, are blasphemers.
+ </p>
+ <p>
+ The man who bows to public opinion against his better judgment and against
+ his honest conviction, is a blasphemer.
+ </p>
+ <p>
+ 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?
+ </p>
+ <p>
+ 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 of 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ One of the last trials of this character, tried in Great Britain,&mdash;and
+ that is the country that our ancestors fought in the sacred name of
+ liberty,&mdash;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&mdash;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. Afterwards, 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 aw that
+ came out of the dungeons of religious persecution; a law that was appealed
+ to by bigots and by hypocrites, to punish, to imprison an honest man.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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?
+ </p>
+ <p>
+ 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?
+ </p>
+ <p>
+ I have given you my definition of blasphemy, and now the question arises,
+ what is worship? Who is a worshipper? What is prayer? What is real
+ religion? Let me answer these questions.
+ </p>
+ <p>
+ 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 worshippers. 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 worshipper.
+ </p>
+ <p>
+ Labor is the only prayer that Nature answers; it is the only prayer that
+ deserves an answer,&mdash;good, honest, noble work.
+ </p>
+ <p>
+ 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 worshipper. Her act is worship.
+ </p>
+ <p>
+ 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&mdash;they are worshippers; and the children who, after
+ they reap the benefit of this worship, become ashamed of their parents,
+ are blasphemers.
+ </p>
+ <p>
+ The man who sits by the bed of his invalid wife,&mdash;a wife prematurely
+ old and gray,&mdash;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,&mdash;that is worship; that man is a
+ worshipper; that is real religion.
+ </p>
+ <p>
+ Whoever increases the sum of human joy, is a worshipper.
+ </p>
+ <p>
+ He who adds to the sum of human misery, is a blasphemer.
+ </p>
+ <p>
+ Gentlemen, you can never make me believe&mdash;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 its thought. Neither can the whole world convince me that any man
+ should be punished, either in this world or 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&mdash;not stained, not disgraced, but clad in robes of glory.
+ </p>
+ <p>
+ Let us take one more step.
+ </p>
+ <p>
+ What is holy? What is sacred? I reply that human happiness is holy, human
+ rights are holy. The body and soul of man&mdash;these are sacred. The
+ liberty of man is of far more importance than any book&mdash;the rights of
+ man, more sacred than any religion&mdash;than any Scriptures, whether
+ inspired or not.
+ </p>
+ <p>
+ What we want is the truth, and does any one suppose that all of the truth
+ is confined in one book&mdash;that the mysteries of the whole world are
+ explained by one volume?
+ </p>
+ <p>
+ All that is&mdash;all that conveys information to man&mdash;all that has
+ been produced by the past&mdash;all that now exists&mdash;should be
+ considered by an intelligent man. All the known truths of this world&mdash;all
+ the philosophy, all the poems, all the pictures, all the statues, all the
+ entrancing music&mdash;the prattle of babes, the lullaby of mothers, the
+ words of honest men, the trumpet calls to duty&mdash;all these make up the
+ bible of the world&mdash;everything that is noble and true and free, you
+ will find in this great book.
+ </p>
+ <p>
+ If we wish to be true to ourselves,&mdash;if we wish to benefit our fellow
+ men&mdash;if we wish to live honorable lives&mdash;we will give to every
+ other human being every right that we claim for ourselves.
+ </p>
+ <p>
+ 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:
+ </p>
+ <p>
+ First. I claim that the Constitution of New Jersey declares that:
+ </p>
+ <p>
+ "<i>The liberty of speech shall not be abridged.</i>"
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ Third. I claim, also, that under this law&mdash;even if it be
+ constitutional&mdash;the words charged in this indictment do not amount to
+ blasphemy, read even in the light, or rather in the darkness, of this
+ statute.
+ </p>
+ <p>
+ Do not, I pray you, forget this point. Do not forget that, no matter what
+ the Court may tell you about the law&mdash;how good it is, or how bad it
+ is&mdash;no matter what the Court may instruct you on that subject&mdash;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&mdash;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&mdash;do not
+ forget that you have no right to take one word into account except the
+ exact words set out in this indictment&mdash;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 put in this indictment
+ do not amount to blasphemy.
+ </p>
+ <p>
+ There is still another point. This statute says: "whoever shall <i>wilfully</i>
+ speak against." Now, in this case, you must find that the defendant
+ "wilfully" did so and so&mdash;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 "wilfully" being honest&mdash;"wilfully"
+ telling his real opinion&mdash;"wilfully" giving to his fellow-men his
+ thought.
+ </p>
+ <p>
+ 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&mdash;with what
+ the law calls the <i>animus furandi</i>. 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 "wilfully" said. And I
+ claim that if you believe that what the man said was honestly said, you
+ cannot find him guilty under this statute.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ Is there any evidence&mdash;has there been any&mdash;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&mdash;that is all.
+ </p>
+ <p>
+ It was claimed, among other things, that the defendant circulated this
+ pamphlet among children. There was no such evidence&mdash;not the
+ slightest. The only evidence about schools, or school-children was, that
+ when the defendant talked with the bill poster,&mdash;whose business the
+ defendant was interfering with,&mdash;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,&mdash;laid the pamphlets on a show case, or
+ threw them upon a desk&mdash;put them upon a stand where papers were sold,
+ and in one instance handed a pamphlet to a man. That is all.
+ </p>
+ <p>
+ In my judgment, however, there would have been no harm in giving this
+ pamphlet to every citizen of your place.
+ </p>
+ <p>
+ Again I say, that a law that has been allowed to sleep for all these years&mdash;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.
+ </p>
+ <p>
+ 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 may be 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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.
+ </p>
+ <p>
+ 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&mdash;no civilized man ever did do it&mdash;no
+ decent human being ever did, or ever will.
+ </p>
+ <p>
+ I take it for granted that you have a certain regard, a certain affection,
+ for the State in which you live&mdash;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&mdash;any case in which a man
+ has been punished for speaking his sentiments. The records have not been
+ stained&mdash;have not been polluted,&mdash;with such a verdict.
+ </p>
+ <p>
+ Keep such a verdict from the Reports of your State&mdash;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&mdash;that there is a manacle upon the
+ brain.
+ </p>
+ <p>
+ For the sake of your State&mdash;for the sake of her reputation through
+ the world&mdash;for your own sakes&mdash;for the sake of your children,
+ and their children yet to be&mdash;say to the world that New Jersey shares
+ in the spirit of this age,&mdash;that New Jersey is not a survival of the
+ Dark Ages,&mdash;that New Jersey does not still regard the thumb-screw as
+ an instrument of progress,&mdash;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.
+ </p>
+ <p>
+ For the sake of your State, acquit this man. For the sake of something of
+ far more value to this world than New Jersey&mdash;for the sake of
+ something of more importance to mankind than this continent&mdash;for the
+ sake of Human Liberty, for the sake of Free Speech, acquit this man.
+ </p>
+ <p>
+ What light is to the eyes, what love is to the heart,
+ </p>
+ <p>
+ Liberty is to the soul of man. Without it, there come suffocation,
+ degradation and death.
+ </p>
+ <p>
+ In the name of Liberty, I implore&mdash;and not only so, but I insist&mdash;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.
+ </p>
+ <p>
+ Liberty is the condition of progress. Without Liberty, there remains only
+ barbarism. Without Liberty, there can be no civilization.
+ </p>
+ <p>
+ 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&mdash;no jury has the right to render a verdict, and no Court
+ to pass its sentence.
+ </p>
+ <p>
+ 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&mdash;all good,
+ all bad&mdash;have for a foundation the idea of human liberty, and without
+ Liberty there can be no vice, and there can be no virtue.
+ </p>
+ <p>
+ Without Liberty there can be no worship, no blasphemy&mdash;no love, no
+ hatred, no justice, no progress.
+ </p>
+ <p>
+ Take the word Liberty from human speech and all the other words become
+ poor, withered, meaningless sounds&mdash;but with that word realized&mdash;with
+ that word understood, the world becomes a paradise.
+ </p>
+ <p>
+ Understand me. I am not blaming the people. I am not blaming the
+ prosecution, nor 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&mdash;gave their testimony, and upon that
+ testimony, under this statute, the indictment was found.
+ </p>
+ <p>
+ While I do not blame these people&mdash;they not being on trial&mdash;I do
+ ask you to stand on the side of right.
+ </p>
+ <p>
+ 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."
+ </p>
+ <p>
+ I want your verdict&mdash;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&mdash;only two words&mdash;and these
+ two words will fill an anxious heart with joy. They will fill a soul with
+ light. It is a very short message&mdash;only two words&mdash;and I ask you
+ to furnish them: "Not guilty."
+ </p>
+ <p>
+ You are expected to do this, because I believe you will be true to your
+ consciences, true to your best judgment true to the bests interests of the
+ people of New Jersey, true to the great cause of Liberty.
+ </p>
+ <p>
+ I sincerely hope that it will never be necessary again, under the flag of
+ the United States&mdash;that flag for which has been shed the bravest and
+ best blood of the world&mdash;under that flag maintained by Washington, by
+ Jefferson, by Franklin and by Lincoln&mdash;under that flag in defence of
+ which New Jersey poured out her best and bravest blood&mdash;I hope it
+ will never be necessary again for a man to stand before a jury and plead
+ for the Liberty of Speech.
+ </p>
+ <div style="height: 6em;">
+ <br /><br /><br /><br /><br /><br />
+ </div>
+<pre xml:space="preserve">
+
+
+
+
+
+End of the Project Gutenberg EBook of Trial of C. B. Reynolds For Blasphemy, by
+Robert G. Ingersoll
+
+*** END OF THIS PROJECT GUTENBERG EBOOK TRIAL OF REYNOLDS ***
+
+***** This file should be named 38103-h.htm or 38103-h.zip *****
+This and all associated files of various formats will be found in:
+ http://www.gutenberg.org/3/8/1/0/38103/
+
+Produced by David Widger
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties. Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark. Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission. If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy. You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research. They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks. Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+http://gutenberg.org/license).
+
+
+Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A. By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement. If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B. "Project Gutenberg" is a registered trademark. It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement. There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement. See
+paragraph 1.C below. There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works. See paragraph 1.E below.
+
+1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works. Nearly all the individual works in the
+collection are in the public domain in the United States. If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed. Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work. You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D. The copyright laws of the place where you are located also govern
+what you can do with this work. Copyright laws in most countries are in
+a constant state of change. If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work. The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E. Unless you have removed all references to Project Gutenberg:
+
+1.E.1. The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2. If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges. If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3. If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder. Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5. Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6. You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form. However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form. Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7. Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8. You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+ the use of Project Gutenberg-tm works calculated using the method
+ you already use to calculate your applicable taxes. The fee is
+ owed to the owner of the Project Gutenberg-tm trademark, but he
+ has agreed to donate royalties under this paragraph to the
+ Project Gutenberg Literary Archive Foundation. Royalty payments
+ must be paid within 60 days following each date on which you
+ prepare (or are legally required to prepare) your periodic tax
+ returns. Royalty payments should be clearly marked as such and
+ sent to the Project Gutenberg Literary Archive Foundation at the
+ address specified in Section 4, "Information about donations to
+ the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+ you in writing (or by e-mail) within 30 days of receipt that s/he
+ does not agree to the terms of the full Project Gutenberg-tm
+ License. You must require such a user to return or
+ destroy all copies of the works possessed in a physical medium
+ and discontinue all use of and all access to other copies of
+ Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+ money paid for a work or a replacement copy, if a defect in the
+ electronic work is discovered and reported to you within 90 days
+ of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+ distribution of Project Gutenberg-tm works.
+
+1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark. Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1. Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection. Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from. If you
+received the work on a physical medium, you must return the medium with
+your written explanation. The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund. If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund. If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4. Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5. Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law. The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section 2. Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers. It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, are critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come. In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at http://www.pglaf.org.
+
+
+Section 3. Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service. The Foundation's EIN or federal tax identification
+number is 64-6221541. Its 501(c)(3) letter is posted at
+http://pglaf.org/fundraising. Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations. Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org. Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at http://pglaf.org
+
+For additional contact information:
+ Dr. Gregory B. Newby
+ Chief Executive and Director
+ gbnewby@pglaf.org
+
+
+Section 4. Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment. Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States. Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements. We do not solicit donations in locations
+where we have not received written confirmation of compliance. To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit http://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States. U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses. Donations are accepted in a number of other
+ways including checks, online payments and credit card donations.
+To donate, please visit: http://pglaf.org/donate
+
+
+Section 5. General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart is the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone. For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included. Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+ http://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
+
+
+</pre>
+ </body>
+</html>