Part 2 (2/2)
”Yet, whatever happens, we will not quail. We will not vapor about legions of angels, but trust in the living legions of Freethought. We will not yield to the weakness of an agony and b.l.o.o.d.y sweat, nor pray that the cup may pa.s.s from us, nor cry out that we are forsaken; for our sources of strength are all within us, and cannot be taken away. We have a sense of truth, a conviction of right, and a spirit of courage, caught from the gallant men who fought before. Let the bigots do their worst; they will not break our spirit nor extinguish our cause. Let the Christian mob clamor as loudly as they can, 'Crucify him, crucify him!' They will not daunt us. We look with prophetic eyes over all the tumult, and see in the distance the radiant form of Liberty, bearing in her left hand the olive branch and in her right hand the sword, the holy victress, destined by treaty or conquest to bring the whole world under her sway. And across all the din we hear her great rich voice, banis.h.i.+ng despair, inspiring hope, and infusing a joyous ardour in every nerve.”
From the first I was sure that the Freethought party would support those who were fighting its battle, and I was not deceived. The _Freethinker_ Defence Fund was liberally subscribed to throughout the country, several working men putting by a few pence every week for the purpose; and as I travelled up and down on my lecturing tours I experienced everywhere the heartiest greetings. I saw that the party's blood was up, and that however it might ultimately fare with me, the battle would be fought to the bitter end.
Considerable controversy took place in the daily and weekly press.
Professor W. A. Hunter contributed a timely letter to the _Daily News_, in which he described the Blasphemy Laws as ”a weapon always ready to the hand of mischievous fools or designing knaves.” Mr. G. J. Holyoake wrote in his usual vein of covert attack on Freethinkers in danger. Mrs.
Besant joined in the fray anonymously, and a letter appeared also from my own pen. There were articles on the subject in the provincial newspapers, and amongst the London journals I must especially commend the _Weekly Dispatch_, which never wavered in faithfulness to its Liberal traditions, and stood firm in its censure of our prosecution from first to last, even when other journals turned from the path of religious liberty, proved traitors to their principles, and joined the bigots in their cry of ”To prison, to prison!” against the obnoxious heretics.
For some time after this we pursued the even tenor of our way. Many of the wholesale newsagents, who had been frightened when our prosecution was initiated, regained confidence and resumed their orders. Early in October we removed from Harp Alley to 28 Stonecutter Street, which had just been vacated by the Freethought Publis.h.i.+ng Company, and which has ever since been the publis.h.i.+ng office of the _Freethinker_. About the same time I issued a pamphlet ent.i.tled ”Blasphemy no Crime,” a copy of which was sent to every newspaper in the United Kingdom. It traversed the whole field of discussion, and gave a brief history of past prosecutions for Blasphemy, as well as the princ.i.p.al facts of our own case. In November I announced the preparation of the second Christmas Number of the _Freethinker_, the publication for which I paid the penalty of twelve months' imprisonment. Before, however, I deal fully with that awful subject I will redeem my promise to inform my readers of the nature of our indictment, and what were the actual charges preferred against us by Sir Henry Tyler on behalf of the insulted universe.
CHAPTER IV. OUR INDICTMENT.
Our Indictment covered twenty-eight large folios, and contained sixteen Counts. Of course we had to pay for a copy of it; for although a criminal is supposed to enjoy the utmost fair play, and according to legal theory is ent.i.tled to every advantage in his defence, as a matter of fact, unless he is able to afford the cost of a copy, he has no right to know the contents of his Indictment until he stands in the dock to plead to it.
It was evidently drawn up by someone grossly ignorant of the Bible. The Apocalypse was described as the ”Book of Revelations,” and the Gadarean swine came out as Gadderean. Probably Sir Henry Tyler and Sir Hardinge Giffard knew as much of the Scriptures they strove to imprison us for disputing as the person who drew up our Indictment. Mr. Cluer caused some amus.e.m.e.nt in the Court of Queen's Bench when, in the gravest manner, he drew attention to these errors. Lord Coleridge as gravely replied that he could not take judicial cognisance of them. Whereupon Mr. Cluer quietly observed that he was ready to produce the authorised version of the Bible in court in a few minutes, as he had a copy in his chambers. This remark elicited a smile from Lord Coleridge, a broad grin from the lawyers in Court, and a t.i.tter from the crowd. It was perfectly understood that a gentleman of the long robe might prosecute anybody for blasphemy against the Bible and its Deity, but the idea of a barrister having a copy of the ”sacred volume” in his chambers was really too absurd for belief.
The preamble charged us, in the stock language of Indictments for Blasphemy, as may be seen on reference to Archibold, with ”being wicked and evil-disposed persons, and disregarding the laws and religion of the realm, and wickedly and profanely devising and intending to asperse and vilify Almighty G.o.d, and to bring the Holy Scriptures and the Christian Religion into disbelief and contempt.”
The first observation I have to make on this wordy jumble is, that it seems highly presumptuous on the part of weak men to defend the character of ”Almighty G.o.d.” Surely they might leave him to protect himself. Omnipotence is _able_ to punish those who offend it, and Omniscience knows _when_ to punish. Man's interference is grossly impertinent. When the emperor Tiberius was asked by an informer to allow proceedings against one who had ”blasphemed the G.o.ds,” he replied: ”No, let the G.o.ds defend their own honor.” Christian rulers have not yet reached that level of justice and common sense.
Next, it was flagrantly unjust to accuse us of aspersing and vilifying Almighty G.o.d at all. The _Freethinker_ had simply a.s.sailed the reputation of the G.o.d of the Bible, a tribal deity of the Jews, subsequently adopted by the Christians, whom James Mill had described as ”the most perfect conception of wickedness which the human mind can devise.” What difference, I ask, is there between that strong description and the sentence quoted from the _Freethinker_ in our Indictment, which declared the same being as ”cruel as a Bas.h.i.+-Bazouk and bloodthirsty as a Bengal tiger”? The one is an abstract and the other a concrete expression of the same view; the one is philosophical and the other popular; the one is a cold statement and the other a burning metaphor. To allow the one to circulate with impunity, and to punish the other with twelve months' imprisonment, is to turn a literary difference into a criminal offence.
Further, as Sir James Stephen has observed, it is absurd to talk about bringing ”the Holy Scriptures and the Christian religion into disbelief and contempt.” One of these words is clearly superfluous. Considering the extraordinary pretensions of the Bible and Christianity, it is difficult to see how they could be brought into contempt more effectually than by bringing them into disbelief.
But greater absurdities remain. Our Indictment averred that we had published certain Blasphemous Libels ”to the great displeasure of Almighty G.o.d, to the scandal of the Christian religion and the Holy Bible or Scriptures, and against the peace of our Lady the Queen, her crown and dignity.” Let us a.n.a.lyse this legal jargon.
How did our prosecutors learn that we displeased Almighty G.o.d? In what manner did Sir Henry Tyler first become aware of the fact? Was it, in the ancient fas.h.i.+on, revealed to him in a dream, or did it come by direct inspiration? What was the exact language of the aggrieved Deity?
Did he give Sir Henry Tyler a power of attorney to defend his character by inst.i.tuting a prosecution for libel? If so, where is the doc.u.ment, and who will prove the signature? And did the original party to the suit intimate his readiness to be subpoenaed as a witness at the trial? All these are very important questions, but there is no likelihood of their ever being answered.
”The scandal of the Christian Religion” is an impertinent joke.
Christianity, as Lord Coleridge remarked, is no longer, as the old judges used to rule, part and parcel of the law of England. I argued the matter at considerable length in addressing the jury, and his lords.h.i.+p supported my contention with all the force of his high authority. After pointing out that at one time Jews, Roman Catholics, and Nonconformists of all sorts--in fact every sect outside the State Church--were under heavy disabilities for religion and regarded as hardly having civil rights, and that undoubtedly at that time the doctrines of the Established religion were part and parcel of the law of the land, Lord Coleridge observed, as I had done, that ”Parliament, which is supreme and binds us all, has enacted statutes which make that view of the law no longer applicable.” I had also pointed out that there might be a Jew on the jury. His lords.h.i.+p went further, and remarked that there might be a Jew on the bench. His words were these:
”Now, so far as I know, a Jew might be Lord Chancellor; most certainly he might be Master of the Rolls. The great and ill.u.s.trious lawyer [Sir George Jessel] whose loss the whole profession is deploring, and in whom his friends know that they lost a warm friend and a loyal colleague; he, but for the accident of taking his office before the Judicature Act came into operation, might have had to go circuit, might have sat in a criminal court to try such a case as this, might have been called upon, if the law really be that 'Christianity is part of the law of the land' in the sense contended for, to lay it down as law to a jury, amongst whom might have been Jews,--that it was an offence against the law, as blasphemy, to deny that Jesus Christ was the Messiah, a thing which he himself did deny, which Parliament had allowed him to deny, and which it is just as much part of the law that anyone may deny, as it is your right and mine, if we believe it, to a.s.sert.”
Clearly then, according to the dictum of the Lord Chief Justice, it is not a crime to publish anything ”to the scandal of the Christian Religion,” although it was alleged against us as such in our Indictment.
The only real point that can be discussed and tested is in the last clause. I do not refer to the Queen's ”crown and dignity,” which we were accused of endangering; for our offence could not possibly be construed as a political one, and it is hard to perceive how the Queen's dignity could be imperilled by the act of any person except herself. What I refer to is the statement that we had provoked a disturbance of the peace; a more hypocritical pretence than which was never advanced. I venture to quote here a pa.s.sage from my address to the jury on my third trial before Lord Coleridge:--
”A word, gentlemen, about breach of the peace. Mr. Justice Stephen said well, that no temporal punishment should be inflicted for blasphemy unless it led to a breach of the peace. I have no objection to that, provided we are indicted for a breach of the peace. Very little breach of the peace might make a good case of blasphemy. A breach of the peace in a case like this must not be constructive; it must be actual. They might have put somebody in the witness-box who would have said that reading the _Freethinker_ had impaired his digestion and disturbed his sleep. They might have even found somebody who said it was thrust upon him, and that, he was induced to read it, not knowing its character. Gentlemen, they have not attempted to prove that any special publicity was given to it outside the circle of the people who approved it. They have not even shown there was an advertis.e.m.e.nt of it in any Christian or religious paper.
They have not even told you that any extravagant display was made of it; and I undertake to say that you might never have known of it if the prosecution had not advertised it. How can all this be construed as a breach of the peace? Our Indictment says we have done all this, to the great displeasure of Almighty G.o.d, and to the danger of our Lady the Queen, her crown and dignity.
You must bear that in mind. The law-books say again and again that a blasphemous libel is punished, not because it throws obloquy on the deity--the protection of whom would be absurd-- but because it tends to a breach of the peace. It is preposterous to say such a thing tends to a breach of the peace. If you want that you must go to the Salvation Army. They have a perfect right to their ideas--I have nothing to say about them; but their policy has led to actual breaches of the peace; and even in India, where, according to the law, no prosecution could be started against a paper like the _Freethinker_, many are sent to gaol because they will insist upon processions in the street. We have not caused tumult in the streets. We have not sent out men with banners and bands in which each musician plays more or less his own tune. We have not sent out men who make hideous discord, and commit a common nuisance.
Nothing of the sort is alleged. A paper like this had to be bought and our utterances had to be sought. We have not done anything against the peace. I give the Indictment an absolute denial. To talk of danger to the peace is only a mask to hide the hideous and repulsive features of intolerance and persecution.
They don't want to punish us because we have a.s.sailed religion, but because we have endangered the peace. Take them at their word, gentlemen. Punish us if we have endangered the peace, and not if we have a.s.sailed religion; and as you know we have not endangered the peace, you will of course bring in a verdict of Not Guilty. Gentlemen, I hope you will by your verdict to-day champion that great law of liberty which is challenged--the law of liberty which implies the equal right of everyman, while he does not trench upon the equal right of every other man, to print what he pleases for people who choose to buy and read it, so long as he does not libel men's characters or incite people to the commission of crime.”
Appealing now to a far larger jury in the high court of public opinion, I ask whether Freethinkers are not one of the most orderly sections of the community. Why should we resort to violence, or invoke it, or even countenance it, when our cardinal principle is the sovereignty of reason, and our hope of progress lies in the free play of mind on every subject? We are perhaps more profoundly impressed than others with the idea that all inst.i.tutions are the outward expression of inward thoughts and feelings, and that it is impossible to forestall the advance of public sentiment by the most cunningly-devised machinery. We are _par excellence_ the party of order, though not of stagnation. It is a striking and pregnant fact that Freethought meetings are kept peaceful and orderly without any protection by the police. At St. James's Hall, London, the only demonstrations, I believe, for which the services of a certain number of policemen are not charged for in the bill with the rent, are those convened by Mr. Bradlaugh and his friends.
Lord Coleridge, ostensibly but not actually following Michaelis, raised the subtle argument that as people's feelings are very tender on the subject of religion, and the populace is apt to take the law into its own hands when there is no legal method of expressing its anger and indignation, ”some sort of blasphemy laws reasonably enforced may be an advantage even to those who differ from the popular religion of a country, and who desire to oppose and to deny it.” But this is an inversion of the natural order of things. What reason is there in imprisoning an innocent man because some one meditates an a.s.sault upon him? Would it not be wiser and juster to restrain the intending criminal, as is ordinarily done? I object to being punished because others cannot keep their tempers; and I say further, that to punish a man, not because he has injured others, but for his own good, is the worst form of persecution. During the many years of my public advocacy of Freethought in all parts of Great Britain, both before and since my imprisonment, I have never been in a moment's danger of violence and outrage. I never witnessed any irritation which could not be allayed by a persuasive word, or any disturbance that could not be quelled by a witticism. With all deference to Lord Coleridge, whom no one admires and respects more than I do, I would rather the law left me to my own resources, and only interfered to protect me when I need its a.s.sistance.
<script>