National Republican., 1883-05-16

a1serb. 1neretore, 10 DaSe the prosecution OF
al aspersion on the truth of Christianity, per
Sd on the ground that Christianity is in the
sdnse In which il was said by Lord Hale, or
II ord Raymond, OF Lord Tenterden, part of
tie law of the land-is mistake; IL is TO
fd rget that law grows, and that though tho
principles of law remain, yet land IL is one Of
10 advantages Of the common law they are
Il be applied to the changing circumstances
OF the times. Some may say that this is
RI ritrogression, but should rather say that it is
tie progression of human opinion. And,
q therefore, merely to discover that the truth of
Christianity is denied, without more, and to
Sd " that thereupon man may bo indicted
nIjw for blasphemous libel is, as l venture to
think, absolutely untrue, and ] for one will
nj IT. until IL is authoritatively declared to be
q 10 law, lay IL down as law, for historically |
q Innot think that / should be justified in so
dI1ing, since parliament has enacted laws
vi hich mako that old view Of the law longer
Applicable. If this were still the law, then IL
W ould not be possible TO discuss whether a
nj onarchical or any other form Of government
VI as the best without danger Of being prose-
Ct tied for soditious libel. This has actually
oi CURED in the early part of the last century.
find a case reported in which IL appears that
aj man was actually convicted Of u seditious
bel for. discussing civilly, and, as the report
sJ Us, without any reflection whatever upon
az y part of the existing government the
al icstion If such case arose now no judge
VI ould follow such Wow, no jury would
cIjnwct in such a case; IL would be too mon
81 r0us. Therefore IL is clear to my mind that
I'll e mere denial of the truth Of the Christian
rd'ligion is not enough TO constitute the ofiense
Of blasphemy." Lord Colerdgo gave o very
m lteresting analysis of tho old cases to which
rd ference is so often made, showing that the
" dyes had been much moro guarded in their
ID nguage than the popular account had made
H.
1I yler and the private prosecution very
uI yly blow when he said that persecution
uInless it was very thoroughgoing, was apt
~ this nineteenth century to be in vain
4 1t is also true" he said, that persecu-
tlPn is very easy form of virtue. 1t is q
ore difficult form of virtue quietly and
uhostentatiously to obey what we believe to
bN Gods will in our own lives. 1t is not
VERY easy to do il; and it makes much less
nlbise in the world. 1t is very easy to turn
Upon somebody else who differ from us
aIld in the guise of zeal for Gods honor
Al tack somebody for a difference of opinion,
Whose life may be moro pleasing to
dod and more conducive TO his honor
Than our own. And when IL is done
bly persons whose own lives are not free
fi ON reproach and who take that particular
idrm of zeal for God which consists in put
ting the criminal law in force against Others
that, no doubt, does more to create sympathy
VI ith the defendant than with the prosecutor
Ind if IL should be done by those who enjoy
lie wit of VOltaire and who do not turn
Away from tho sneers of Gibbon, and rather
n, ,lsh the irony of Hume, our feelings do not
go with the prosecutors and we are rather dis
pIlscd to sympathizc with the defendant. 1t
N still worse if the person who takes such n
cIlurse takes IL, not from kind of notion
That God wants his assistance and that he
ctln give it-lcss on his own account than by
prosecuting othcrs--but it is mixed up with
aInything of partisan or political feeling,
Ilon nothing can be more foreign to what is
III igh minded, or religious, or noble in mems
cy)nduct; and, indeed, 1t seems to me that
ally one who will do that, not for the honor
OI God, but for the purposes Of the ban, de-
sq,rves the most disdainful dsapproba-
tom" Another very notable passage
oil this very notable charge was that in which
ord Coleridge dealt with the eminent au-
tliors whose attacks on Christianity have
already been alluded to. "There is" he
sdlid, "a difference not merely in degree, but
II kind. A grave earncstness of tone, rev.
eIrent. perhaps L may say religious, tone in
q 10 very attacks of those great writers upon
christianity itself, which show that what was
aIimed ut was no insult to the opinions of the
majority of mankind; not outrage upon
christianity. but real, quiet, earnest pursuit
cfr the truth. And IL the truth at which
they have arrived is not that which you and
III have been taught to believe, or at
which possibly we might have arrived
ourselves. even if one had not been so
ttaught, it is not because their conclusions
dL fler from ours that they are to be deemed
III subjects for criminal prosecution. There
tt)re, with regard to some of those persons
Whose writings have been referred to by Mr..
ltootc, should say that they were within the
ltrotecton of the law. i confess have diff
iaculty in distinguishing them from the in
eliminated articles They do appear to me
tfp be open to the same objection
aEs those which are before us. Mr..
cote says that many of these
Things are written in expensive books pub
lv shed by eminent publishers, and that they
circulate in the drawing rooms or libraries Of
Tfersons in good position. 1t may be so.
Nh | can say here is / will make no distinc-
tkon between Mr.. Foote and anybody else,
alnd If these persons, however eminent
tIlosc who have published passages not, in my
Judgment, fairly distinguishable from his-are
liver (Which, hope may never be) brought
il)r trial before me for such publications-so
fNlr as my poor powers go-they shall have
II o more nor less than tho measure of justice
Which / apply to Mr.. FOote, and If they
Ueally have offended against the blasphemy
rws, they shall find that so long as these
ltiws exist-whatever l may think about
their wisdom--they shall have but one rule
The jury in this case disagreed, and to-day
In attempt was made to bring up the prison
oHrs for u third prosecution, Foote begged
Vhe indulgence of the court, alleging that he
Tyas not physically able to defend himself
Jhat hard labor and meager dietary had so
lIeduced his strength that he was unequal to
t1ho task. The chief justice promised that
1he prisoner should have better food and
Iinore leisure, If his representations to the
Ibroper authorities had any effect and the
Hone he adopted was so unfattering to the
Hbrivate prosecution that it may be regarded
dis at least very doubtful whether the case
3vill be proceeded with. At any ratio het.
Jrodoxy has gained a martyr, decision
HAS been scored against those who regard
qhristianity as a part Of the law of the
Hand, and the Freethinker has obtained an ad
J'ertisement, the value of which 1t would be
llmpossible to overestimate. havemy doubts
Whether, when Sir Henry Tyler comes to look
JIt the results of this labor Of his soul, he will
I,e abundantly satisfied
Dress Stylish.
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