Daily Republican., 1881-02-08

wholesome fear OF the penalties Of tn
law. We trust there may be no disap
|pointment OF this reasonable expe sta
ton. ii Is certain that, from some in
fluence, no outbreak against the Law o
the land has ever occurred in New
Castle that would make legal riot
nor has anything occurred to offend
the public conscience: whereas this city
not long ago, was the scene Of flsgrsni
breach OF the peace, characterized by
tumultuous and terrifying conduct on
the part Of the participators in it; and
IL was also used as a theatre tor the
promulgation oisentiments at war With
the religion ofthe Bible. Blasphemous
Language was used, near where We are
as5embled by an audacious disciple of
the defamers Of revealed religion, for
the purpose Of exposing It's doctrine to
contempt and ridicule; and, to what
some consider the reprosch OF the peo-
ple OF this city, no man stepped for.
ward to call him TO account for his de-
Ganoe Of the law OF ths State. soy to
|you that the Law Of this State is against
)the
INSULTING or con
by reprcachtul or derogstory language
or expressions and exciting the pas
sions OF the people, by threatening their
religion with contempt. No oommu-
nifty, such IS ours, can exist as heal
thy, moral organization, where men art
allowed to speak without challenge
against the very and only Foundation
upon which 1t securely rests--the over
ruling power OF God. When We de-
throne his majesty, and erect In His
/ place our own notions OF right and
wrong, We shall soon pass into state
of life not restraining, but,in effect pro-
noting, our inherent propensity TO
evil for no candid man can pretend |
thai eur impulses are not towards tbs
qualification, rather than in restraint OF
our passions.
THIS crime Of bla'paemy is an an.
Client common law od9nse sni was sldo
punished by statute, passed so long |
ago as l74O, by our colonial Legislature,
and suCh enactment, in its essen
tial form, has been continued down to
this day. Under the act above mention
ed, the punish ment for the outrage was
the pillOry, the brand and stripes.
After the constitution of the State went
into effect. but not till the year 1926,
the punishment was changed TO fne
and imprisonment but the offense re-
mained and is the same to-day as it
was in the 18th OF George II, when the,
old act was passed.
Long ago, in this State, an impudentI
reviler Of Christ dared to utter his ,
detamatory language in the face OF this
Of this county, il a speech Il
TOO gross and offensive 10 be IeDeattd
He was brought 10 justice therefor; aui ,
having BEEN convicted by q jury at the 4
bsr OF this court, was Eenteuoed by one a
Of my predecessors, John NJ. Clayton, 10
the punishment mis- crime deserved.
Before doing so, Sud in answer to ,,
motion in arrest OF Judgment made by
the counsel OF the defendant in which
the clause OF the constitution securing
res1om Of speech and Of the press was
much relied upon, and also after the r
court had taken six months to consider
the matter, that judge laid down the
law for oar and yUur guidance. 1! is
BAR aud your duty to follow that Law;
aud whenever hereafter man shall ~
stand up in the face of the people OF :
this county, while they remain Chris.
.ian people, and
INSULT THBiR RBLlGIOy, y
or bling it into Contenpt and ridicule, ,
1t will be the duty OF the grand jnry to i
bring such offsase to the notice of tAr a
,ourt, by pre5entment, as well as il +
will Oe that OF others to arrest him for t
his open Ofense. i
When criminal act is committed IN Il
.As presence OF an officer, be may arrest r
and detain without warrant. 1t is, q
nope, hardly necessary to say 10 this II
aud to assure the people of b
I, that ii any one shall be convicted of e
.he crime OF blasphsmy, there Will be l.
no stint Of the full measure OF punish v
nent the law now pre5cribes. Aud we n
hsll, In no wise, be deferred from the
'erforman o. of our duty, by the sueers
v the devOtees Of any other faith than I!
hat Of the body Of the people OF the q
'tste, or the derrecatory expressions OF II
hose who think the right Of "free 81
peech" will be infriuged thereby. d
We respect freq speech, and shall 5
'rOteCt ii when th3 public peace shall "
lot be disturbed by 1t or is not in dan "
or OF being SO ; but We shall not con II
ent to allow the privilege to bs used pl
We eau help it, to the dishonor OF IL
he God of Jew and Gentils, Hebrew N
nd Christian, in whose existence and 81
the people OF this State GU
elieve, and whom they fear and also gr
'ust ; or in the revileuent or reproach Ia
Christ, or the disparagement OF the sh
'ligiou He taught. The law does not ",
nnish anyone who fairly and con. wi
ientiously, promulgstes the opinions WI
ith whose truth he Is impressed, for l-
10 benefit Of others malicious and nu
ischievous intention is, In such w
se, the broad boundry between right tn
I'd wrong but when 1t can be col tie
cted from the of5nsivs ievity with mp
hich so serious subject is treated, eli
from other circumstances, that the we
t of the party was maliciou., then hit
noe the law has no means of distip du
fishing between different degrees OF orf
il tendency, If the matter published ! ma
ntain any such terdeuoy, the pub Mo
hers become smendsbls to justice. soI
lis language Of Lord Mansfield was EN-
oted with approval by this sourt, iu no
9 opinion referred to (5tate va. We
iandIer Har, 564.) II men can find up
the assumed r5veaImants Ct science d1
the "potency of matter" reason fro
rejecting the God Of the Bible, they mu
3 a. liberty to do 80 and they may ind
int avid snsak unon tho puh;oot b,k gro