Part 4

The defendant probably asked this question supposing that it must be answered by all sensible people in the negative. If the Christian religion is true, then a Jewish girl was the mother of Almighty God. Personally, if the doctrine is true, I have no fault to find with the statement that a Jewish maiden was the mother of God.--Millions believe that this is true--I do not believe,--but who knows? If a God came from the throne of the universe, came to this world and became the child of a pure and loving woman, it would not lessen, in my eyes, the dignity or the greatness of that God.

There is no more perfect picture on the earth, or within the imagination of man, than a mother holding in her thrilled and happy arms a child, the fruit of love.

No matter how the statement is made, the fact remains the same. A Jewish girl became the mother of God. If the bible is true, that is true, and to repeat it, even according to your law, is not blasphemous, and to doubt it, or to express the doubt, or to deny it, is not contrary to your Constitution.

To this defendant it seemed improbable that God was ever born of woman, was ever held in the lap of a mother; and because he cannot believe this, he is charged with blasphemy. Could you pour contempt on Shakespeare by saying that his mother was a woman,--by saying that he was once a poor crying little helpless child? Of course he was; and he afterwards became the greatest human being that ever touched the earth,--the only man whose intellectual wings have reached from sky to sky; and he was once a crying babe. What of it? Does that cast any scorn or contempt upon him? Does this take any of the music from "Midsummer Night's Dream"?--any of the passionate wealth from "Antony and Cleopatra," any philosophy from "Macbeth," any intellectual grandeur from "King Lear"? On the contrary, these great productions of the brain show the growth of the dimpled babe, give every mother a splendid dream and hope for her child, and cover every cradle with a sublime possibility.

The defendant is also charged with having said that "_God cried and screamed._"

Why not? If he was absolutely a child, he was like other children,--like yours, like mine. I have seen the time, when absent from home, that I would have given more to have heard my children cry, than to have heard the finest orchestra that ever made the air burst into flower. What if God did cry? It simply shows that his humanity was real and not assumed, that it was a tragedy, real, and not a poor pretense. And the defendant also says that if the orthodox religion be true, that the "_God of the Universe kicked, and flung about his little arms, and made aimless dashes into space with his little fists_."

Is there anything in this that is blasphemous? One of the best pictures I ever saw of the Virgin and Child was painted by the Spaniard, Murillo. Christ appears to be a truly natural, chubby, happy babe. Such a picture takes nothing from the majesty, the beauty, or the glory of the incarnation.

I think it is the best thing about the Catholic Church that it lifts up for adoration and admiration, a mother,--that it pays what it calls "Divine honors" to a woman. There is certainly goodness in that, and where a Church has so few practices that are good, I am willing to point this one out. It is the one redeeming feature about Catholicism that it teaches the worship of a woman.

The defendant says more about the childhood of Christ. He goes so far as to say, that

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

And why not? The bible says, that "he increased in wisdom and stature." The defendant might have referred to something far more improbable. In the same verse in which St. Luke says that Jesus increased in wisdom and stature, will be found the assertion that he increased in favor with God and man. The defendant might have asked how it was that the love of God for God increased.

But the defendant has simply stated that the child Jesus grew, as other children grow; that he acted like other children, and if he did, it is more than probable that he did stare at his own toes. I have laughed many a time to see little children astonished with the sight of their feet. They seem to wonder what on earth puts the little toes in motion. Certainly there is nothing blasphemous in supposing that the feet of Christ amused him, precisely as the feet of other children have amused them. There is nothing blasphemous about this; on the contrary, it is beautiful. If I believed in the existence of God, the creator of this world, the being who, with the hand of infinity, sowed the fields of space with stars, as a farmer sows his grain, I should like to think of him as a little dimpled babe, overflowing with joy, sitting upon the knees of a loving mother. The ministers, themselves, might take a lesson even from the man who is charged with blasphemy, and make an effort to bring an infinite God a little nearer to the human heart.

The defendant also says, speaking of the infant Christ, "He was nursed at Mary's breast."

Yes, and if the story be true, that is the tenderest fact in it. Nursed at the breast of woman. No painting, no statue, no words can make a deeper and a tenderer impression upon the heart of man than this: The Infinite God, a babe, nursed at the holy breast of woman.

You see these things do not strike all people the same. To a man that has been raised on the Orthodox desert, these things are incomprehensible. He has been robbed of his humanity. He has no humor, nothing but the stupid and the solemn. His fancy sits with folded wings.

Imagination, like the atmosphere of Spring, 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.

They cannot bear to hear it said that he nursed at the breast of a maiden, that he was wrapped in swaddling clothes, that he had the joys and sorrows of other babes. I hope, gentlemen, that not only you, but the attorneys for the prosecution, have read what is known as the "Apocryphal New Testament," books that were once considered inspired, once admitted to be genuine, and that once formed a part of our New Testament. I hope you have read the books of Joseph and Mary, of the Shepherd of Hermes, of the Infancy and of Mary, in which many of the things done by the youthful Christ are described--books that were once the delight of the Christian world; books that gave joy to children, because in them they read that Christ made little birds of clay, that would at his command stretch out their wings and fly with joy above his head. If the defendant in this case had said anything like that, here in the State of New Jersey, he would have been indicted; the Orthodox Ministers would have shouted "blasphemy," and yet, these little stories made the name of Christ dearer to children.

The Church of to-day lacks sympathy; the theologians are without affection. After all, sympathy is genius. A man who really sympathizes with another understands him. A man who sympathizes with a religion instantly sees the good that is in it, and the man who sympathizes with the right, sees the evil that a creed contains.

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

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

Yes, and there is no more beautiful picture than that Let some great religious genius paint a picture of this kind--of a babe smiling with content, rocked in the cradle by the mother who bends tenderly and proudly above him. There could be no more beautiful, no more touching, picture than this. What would I not give for a picture of Shakespeare as a babe,--a picture that was a likeness,--rocked by his mother? I would give more for this than for any painting that now enriches the walls of the world.

The defendant also says, that

"_God was sick when cutting his teeth_."

And what of that? We are told that he was tempted in all points, as we are. That is to say, he was afflicted, he was hungry, he was thirsty, he suffered the pains and miseries common to man. Otherwise, he was not flesh, he was not human.

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

Certainly he was liable to have these diseases, for he was, in fact, a child. Other children have them. Other children, loved as dearly by their mothers as Christ could have been by his, and yet they are taken from the little family by fever; taken, it may be, and buried in the snow, while the poor mother goes sadly home, wishing that she was lying by its side. All that can be said of every word in this address, about Christ and about his childhood, amounts to this; that he lived the life of a child; that he acted like other children. I have read you substantially what he has said, and this is considered blasphemous.

He has said, that--

"_According to the Old Testament, the God of the Christian world commanded people to destroy each other._"

If the bible is true, then the statement of the defendant is true. Is it calculated to bring God into contempt to deny that he upheld polygamy, that he ever commanded one of his generals to rip open with the sword of war, the woman with child? Is it blasphemy to deny that a God of infinite love gave such commandments? Is such a denial calculated to pour contempt and scorn upon the God of the Orthodox? Is it blasphemous to deny that God commanded his children to murder each other? Is it blasphemous to say that he was benevolent, merciful and just?

It is impossible to say that the bible is true and that God is good. I do not believe that a God made this world, filled it with people and then drowned them. I do not believe that infinite wisdom ever made a mistake. If there be any God he was too good to commit such an infinite crime, too wise to make such a mistake. Is this blasphemy? Is it blasphemy to say that Solomon was not a virtuous man, or that David was an adulterer?

Must we say when this ancient king had one of his best generals placed in the front of the battle--deserted him and had him murdered for the purpose of stealing his wife, that he was "a man after God's own heart"? Suppose the defendant in this case were guilty of something like that? Uriah was fighting for his country, fighting the battles of David, the king. David wanted to take from him his wife. He sent for Joab, his commander in chief, and said to him:

"Make a feint to attack a town. Put Uriah at the front of the attacking force and when the people sally forth from the town to defend its gate, fall back so that this gallant, noble, patriotic man may be slain."

This was done and the widow was stolen by the king. Is it blasphemy to tell the truth and to say exactly what David was? Let us be honest with each other; let us be honest with this defendant.

For thousands of years men have taught that the ancient patriarchs were sacred, that they were far better than the men of modern times that what was in them a virtue, is in us a crime. Children are taught in Sunday-schools to admire and respect these criminals of the ancient days. The time has come to tell the truth about these men, to call things by their proper names, and above all, to stand by the right, by the truth, by mercy and by justice. If what the defendant has said is blasphemy under this statute then the question arises, is the statute in accordance with the Constitution? If this statute is constitutional, why has it been allowed to sleep for all these years? I take this position: Any law made for the preservation of a human right, made to guard a human being, cannot sleep long enough to die; but any law that deprives a human being of a natural right--if that law goes to sleep, it never wakes, it sleeps the sleep of death.

I call the attention of the Court to that remarkable case in England where, only a few years ago, a man appealed to trial by battle. The law allowing trial by battle had been asleep in the statute book of England for more than two hundred years, and yet the Court held that, in spite of the fact that the law had been asleep--it being a law in favor of a defendant--he was entitled to trial by battle. And why? Because it was a statute at the time made in defence of a human right, and that statute could not sleep long enough or soundly enough to die. In consequence of this decision, the Parliament of England passed a special act, doing away forever with the trial by battle.

When a statute attacks an individual right the State must never let it sleep. When it attacks the right of the public at large and is allowed to pass into a state of slumber, it cannot be raised for the purpose of punishing an individual.

Now gentlemen, a few words more. I take an almost infinite interest in this trial, and before you decide, I am exceedingly anxious that you should understand with clearness the thoughts I have expressed upon this subject. I want you to know how the civilized feel, and the position now taken by the leaders of the world.

A few years ago almost everything spoken against the grossest possible superstition was considered blasphemous. The altar hedged itself about with the sword; the Priest went in partnership with the King. In those days statutes were leveled against all human speech. Men were convicted of blasphemy because they believed in an actual personal God; because they insisted that God had body and parts. Men were convicted of blasphemy because they denied that God had form. They have been imprisoned for denying the doctrine of 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.

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--for the first offence, with fine, with imprisonment, or branding, and for the second offence, with death. Not one of these five dogmas is now a part of the creed of the Church of England.

So I could go on for days and weeks and months, showing that hundreds and hundreds of religious dogmas, to deny which was death, have been either changed or abandoned for others nearly as absurd as the old ones were. It may be, however, sufficient to say, that 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.

As long as the Church has the power to close the lips of men, so long and no longer will superstition rule this world.

Blasphemy is the word that the majority hisses into the ear of the few.

After every argument of the Church has been answered, has been refuted, then the Church cries, "blasphemy!"

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

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

Blasphemy is the bulwark of religious prejudice.

Blasphemy is the breastplate of the heartless. And let me say now, that the crime of blasphemy 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.

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.

Then the reason for all these laws has failed. The laws were made on account of a superstition. That superstition has faded from the minds of intelligent men and, as a consequence, the laws based on the superstition ought to fail.

There is one splendid thing in nature, and that is that men and nations must reap the consequences of their acts--reap them in this world, if they live, and in another, if there be one. 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.

Another reason has been given for these laws against blasphemy, the most absurd reason that can by any possibility be given. It is this. There should be laws against blasphemy, because the man who utters blasphemy endangers the public peace.

Is it possible that Christians will break the peace? Is it possible that they will violate the law? Is it probable that Christians will congregate together and make a mob, simply because a man has given an opinion against their religion? What is their religion? They say, "If a man smites you on one cheek, turn the other also." They say, "We must love our neighbors as we love ourselves." Is it possible then, that you can make a mob out of Christians,--that these men, who love even their enemies, will attack others, and will destroy life, in the name of universal love? And yet, Christians themselves say that there ought to be laws against blasphemy, for fear that Christians, who are controlled by universal love, will become so outraged, when they hear an honest man express an honest thought, that they will leap upon him and tear him in pieces.

What is blasphemy? I will give you a definition; I will give you my thought upon this subject. What is real blasphemy?

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

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

To enslave the minds of men, to put manacles upon the brain, padlocks upon the lips--that is blasphemy.

To deny what you believe to be true, to admit to be true what you believe to be a lie--that is blasphemy.

To strike the weak and unprotected, in order that you may gain the applause of the ignorant and superstitious mob--that is blasphemy.

To persecute the intelligent few, at the command of the ignorant many--that is blasphemy.

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

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

To violate your conscience--that is blasphemy.

The jury that gives an unjust verdict, and the Judge who pronounces an unjust sentence, are blasphemers.

The man who bows to public opinion against his better judgment and against his honest conviction, is a blasphemer.

Why should we fear our fellow-men? Why should not each human being have the right, so far as thought and its expression are concerned, of all the world? What harm can come from an honest interchange of thought?

I have been giving you my real ideas. I have spoken freely, and yet the sun rose this morning, just the same as it always has. There is no particular change visible in the world, and I do not see but that we are all as happy to-day as though we had spent yesterday in making somebody else miserable. I denounced on yesterday the superstitions of the Christian world, and yet, last night I slept the sleep of peace. You will pardon me for saying again that I feel the greatest possible interest in the result of this trial, in the principle at stake. This is my only apology, my only excuse for taking your time. For years I have felt that the great battle for human liberty, the battle that has covered thousands of fields with heroic dead, had finally-been won. When I read the history of this world, of what has been endured, of what has been suffered, of the heroism and infinite courage of the intellectual and honest few, battling with the countless serfs and slaves of kings and priests, of tyranny, of hypocrisy, of ignorance and prejudice, of faith and fear, there was in my heart the hope that the great battle had been fought, and that the human race, in its march towards the dawn, had passed midnight, and that the "great balance weighed up morning." This hope, this feeling, gave me the greatest possible joy. When I thought of the many who had been burnt, of how often the sons of liberty had perished in ashes, of how many 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.