The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-04
The New Ssy lie Of Rights ar Man ana Wrongs
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The Paris law papers publish the text Of the udg.
ment against NJ Proudhon for the publication OF his
book, de la Jutice dams Ia Revelation ct dams
lEgse and his Petition 60 the Sanste.n The fol-
lowing are the grounds given out by the judges for
Whereas in matters religious every one has right
freely 20 express his own opinions and TO discuss
those Of others, but on condition that he shall re-
spect those laws which have fixed the boundaries of
permissible controversy. and whereas it is the right
and the duty of a court OF law TO condemn when.
ever discussion transgressing the limits Of wise
moderation assumes character OF violence, and de-
generates into an offence; whereas Proudhon, by
the general tenor of his work and more especially
in passages occurring in pages 252, 25s, 43S and l5l
of vol l.; pages 35 SO, All and $40 of vol. H.; and
pages lS7, 269 299, Sic and $40 Of VOL ILL.,. ia the
course of his exposition of doctrines which he himself
describes anttheistical, and which tend, accord
ing TO his own expression. I" TO eliminate God as
useless does not hesitate in speaking of Christ TO
cali him the reputed Son OF God, represents re.
heon as fulfilling an immoral mission writes that
ii is established without regard to justice of which it
knows nothing; that the religious flock is composed
exclusively OF the rch" that the poor leave the fold
" because they find 1t bad motner;" that religion
has degraded man aud corrupted manners: that the
church has bruifed the nation instead of instruct
ing il; depraved the laborer; addicted itself to
money making above all things, and gained riches
10y cheating and extortou;" that the church is like
an aduterous woman who has lost all sense or mo-
ralty; that her object, her paradise is bdganiage,
and the God which she serves is the devil; ana
grief by the Indignation OF conflicting sects;
whereas he launches the most outrageous sarcasms
against the forms and prayers Oh the church,
more especially against the Dominica Orson, which
according to the Interpretation OF il, which
he mpuies 10 the church is "a tissue OF stupid con-
Trajectory, and even impious ideas-an Incompetent
sible galimarias;n and whereas he maintains that
the church, lin taking upon itself 10 reform the
passion of love, has done violence to the institution
OF marriage, ravaged hearts, and encouraged luxn-
ry," he pretends that the church has not dis
"a hntt.fr oil
WAYS ready to bless any union whenever its bene.
diction is asked;n he adds that since the establish
1nent of Christianity adultery has become more
general and has lost its character of serious Grimm
atty" he even affirms that adultery, which he de-
signates by a most cynical term, "has by means of
the church become q corollary OF marriage, and is
on that account a Catholic institutions" he repre-
SCENTS the ministers OF Catholic worship as being
"habitual spies, men whose trade it is to betray,
enemies of the human race, provokers Of dsunion
in families, and promoters of disorder adultery and
incest and affrms that 1.-The scandals OF C9sarism
have been equalled by theocracy." And, whereas,
at page 447 of vol. H. where Proudhon declares
that "a solemn ceremonial of civil marriage is
necessary" he at the same time AYERS that the
intervention of civil magistrate is "useless
in moral point of view" and asks whether mo-
raty in love- which the words prostitution, con-
cubinage, marriage have not been able to define
and maintain, would not be better assured, a. the
communists pretend it would be, by unlimited
liberty than by any legal FORMS" And whereas the
utterance of these culpabe propositions, put forth
in the most violent and provoking language is
meant to insult, in the most grievous manner reli-
gous creeds which the law requires to be respected
and that by unfolding such opinions in his book
Proudhon has violated all the rules of permissible
controversy, and has in the most fragrant manner
committed the offence OF insulting public and reli-
gious morality. And whereas at p. 300 of VOL I'LL,
Proudhon, speaking Of a woman who had been SEN
fenced to two years Imprisonment for bigamy, at
tempts to Justify the woman, denies that she has
committed any crime, and procaims that, in spite of
law and church. this Is innocent and deserving
of respect; and whereas il is manifest that in this
passage Proudhon has offered an apology for an act
which the penal law describes a crime and has
therefore been guilty of the misdemeanor provided
against by the decree Of July 30 1919. And whereas
in pages $40, 523 aud 529 OF VOL III. he has COM
mitted the most fragrant attacks upon the respect
due TO the laws; that he has dared to write that
society has no right to punish the guilty" and main
tanned that murderer may plead before his judges
"that he repudates their code because he does not
believe in their right, and because he has no part
in the society of which they MEMBERS that he
does not admit the existence of juridcial lien be-
tween men, that they have no right to judge him,
that il he has killed man 1t was because he was at
war with him: that he can only be made amenable
20 the jurisdiction by force and that he despises the
punishment as much as the tribunal; g" that he
crticises the penal code and ats categories Of
crimes and misdemeanours, its division OF punish
ments into those affective and degrading and other.
wise-a division which, IN his opinion, puts the
legislator and the Judge on par with the wretches
whom they prosecute;" and talks of ''the fright
awarded" concluding by the affirmation that
many a man sentenced 20 death has shown in his
crime greater degree Of moral sense than judges
showed in CONCERNING him. And whereas IN pages
2S5 $685. and AS of vol L. page 26S, vol. IL, and
page ii of vol Ill, while exeFting himself TO SOW
dsunion between various classes OF society Proud
hon pretends that masters hang togetheri' that
contractors coalesce: that companies amalgamlte:
that the fifteen thousand proprletors Of the thirty
thousand houses in Paris, IN which million OF men
are lodged, Cypress and sarve the aborer; that So
ciety is borne down by regime OF privilege and
monopoly, in which all Is adapted Tor lnequality
that the aborer may be compared TO the ser OF the
middle ages chained TO the soil, and asserts that II
che workmen resort 20 q strike, the only means open
60 them 10 obtain redress Tor their wrongs they are
shipped of without pity TO the pestential soil OF
Cayenne or Lambessa." He moreover pretends
"tbat the army Is church exempted from all legal
ties and human duties, whose only morality Is com
prised in one word orders, and whose Intelligence
Il the point Of bayonet." And whereas IN another
passage he holds up the army, which ~ the very
home Of honor, to public contempt, saying that u
Is the focus of treason and cowardce, and that IN
presence Of the existing social organization, IN
which all Is false nothing can keep down insurrec-
ton because the working man hates the master
who makes use Of him" And whereas, In the
above cited passages, Proudnon mas evldently at
tempted 20 disturb the public peace by exciting
citizens 10 hatred and contempt OF each other And
whereas, In pages $50 and $50 OF vol. l., Proudhon
has published false views with bad faith that he has
therein asserted contrary 10 the truth. as he admit
Ted In his examination. that under the inspiration
of the clergy a general publication of society was
about 10 take place, in comparison with which the
massacres of Robesperre would sink into insigniti'
canoe and that lists Of forty thousand individuals
had been been drawn up for first series OF execu-
tious;" he further asserts that In the Crimea the
sisters Of Charity, who, Il is well known, were the
providence of the soldier, whatever his faith or
nation refused 10 nurse those men who would moi
confess" And whereas as 20 the application OF the
decree Of Feb. IL, 1852, the terms OF that
decree are general, and punish every publca-
ton OF an untrue fact, although such fact may
not be represented as Of recent occurrence
the Legislature not intending TO make any
distinction between the case OF state
ment relating 20 events happening some time
ago the reason being that In both cases the danger
which the decree intended 10 provide against is the
ahnrierl,t ahnvn all thin of the