Senator Blair. -- But the law was behind the jury, and said that the practice should be punished. If a jury of twelve men said that one had committed the overt act, then it could be punished. It was the majority who made the law, and the jury only found the question of fact after the law had been violated. The jury did not make the law. This is a question as to making the law.
Mr. Jones. -- It is not wholly a question only of making the law. The question is whether the law is right when it is made. There is a limit to the lawmaking power; and that limit is the line which Jesus Christ has drawn. The government has no right to make any law relating to the things that pertain to God, or offenses against God, or religion. It has nothing to do with religion.
Blasphemy, according to Judge Cooley, in his "Constitutional Limitations," "is purposely using words concerning the Supreme Being, calculated and designed to impair and destroy the reverence, respect, and confidence due to him, as the intelligent Creator, Governor, and Judge of the world; . . . a bad motive must exist; there must be a willful, malicious attempt to lessen men's reverence for the Deity, or for the accepted religion."
It is seen at a glance that this comes from the old English system of statutes regulating "offenses against God and religion." That is where this statute is placed in every system of civil law; it could not be placed anywhere else. But offenses against God are to be answered for only at his tribunal; and with religion, or offenses against it, the civil power has nothing to do. It is a perversion of the functions of civil government to have it made a party to religious controversies. It will have ample exercise for its power and jurisdiction to keep religious disputants as well as other people civil, without allowing itself ever to become a partisan in religious disputes and the conservator of religious dogmas.
But according to Judge Cooley's definition, blasphemy is an attempt to lessen men's reverence, not only for the Deity, but for "the accepted religion" as well. But any man in this wide world has the right to lessen men's reverence for the accepted religion, if he thinks that religion to be wrong. Consequently, as I said a moment ago, that which would be counted blasphemy here would not be counted blasphemy in China; and that which is in the strictest accordance with the word of God and the faith of Jesus Christ here, is necessarily blasphemy in China, or in Turkey, or in Russia. A man who preaches the gospel of Jesus Christ in China commits blasphemy under this definition. He does make a willful attempt to lesson men's reverence for their accepted religion, and for the deities recognized in their religion. He had to do so, if he is ever to get them to believe in Christ and the religion of Christ. He has to bring them to the place where they will have no reverence for their deities or for their accepted religion, before they ever can accept the religion of Jesus Christ. It is the same way in Turkey, or any other Mohammedan country, or any heathen country. Wherever the gospel of Jesus Christ is preached in any Mohammedan or heathen country, it is blasphemy under this definition, because its sole object is not only to lesson men's reverence for their deities and for their accepted religion, but to turn them wholly from it, and if possible to obliterate it from their minds.
It is so likewise in Russia. Anybody there who speaks against the accepted religion, or against the saints, or their images, is subject to the penalty of blasphemy, which is banishment for life to Siberia.
But if blasphemy be a proper subject of legislation by civil government, if it be right for a government to make itself the "defender of the faith", then it is perfectly proper for the laws of China to prohibit under whatever penalty it pleases, the preaching of the gospel of Jesus Christ within the Chinese dominions; because its effect is to lesson men's reverence for the deities recognized by China, and for the accepted religion of the county. It is the same way in any of the other countries named. And in that case there is no such thing as persecution on account of religion. The only persecutions that have ever been, were because of men's speaking against the accepted religion. If this principle be correct, then the Roman empire did perfectly right in prohibiting under penalty of death the preaching of the religion of Jesus Christ. Whenever Paul, or any of his brethren, spoke in the Roman empire, they blasphemed according to the Roman law. They were held as blasphemers, and were put to death under the very principle of this definition, which is the principle of the American statutes on the subject of blasphemy. The Christians had to tell the Roman empire that the Roman gods were no gods. They had to tell the Roman empire that the genius of Rome itself, which the Roman system held to be the supreme deity, was not such; but that it was subordinate, and that there was a higher idea of God and of right than the Roman empire or the Roman law knew anything of. They did speak deliberately against the chief deity of Rome, and all the gods of Rome. They did it with the express purpose of destroying reverence for them and for the accepted religion. Rome put them to death. And I repeat, if the principle of the American statutes against blasphemy is correct, then Rome did right.
To make this clearer, I quote a passage from the Supreme Court of Pennsylvania in defense of this principle, in a decision upon this very subject, which says: "To prohibit the open, public, and explicit denial of the popular religion of a country, is a necessary measure to preserve the tranquillity of a government." That is precisely what the Roman empire did. Christianity did openly, publicly, and explicitly deny the popular religion of the country. It did it with intent to destroy men's reverence for the deities and the religion of that country. Rome prohibited it; and upon the principle of the decision of the Supreme Court of Pennsylvania, which is the principle of American law on blasphemy, Rome did right, and Christianity was a blaspheming religion. The principle of this decision seems to be that those who represent the popular religion of a country have so little of the real virtue of the religion which they profess, that if anybody speaks against it, it is sure to rouse their combativeness to such a degree as to endanger the public tranquillity. Therefore, in order to keep civil those who represent the popular religion, the State must forbid anybody to deny that religion.
This decision of the Supreme Court of Pennsylvania is one of the grand precedents that have been followed in all the later decisions upon this subject in the younger States; but this decision itself followed one by Chief Justice Kent of the Supreme Court of New York in 1811, in which the embodies the same principles. He defends the right of the State to punish such offenses against what he calls a Christian people, and not equally to punish like offenses against the religion of other people in this country, by the following argument: --
"Nor are we bound by any expressions in the Constitution, as some have strangely supposed, either not to punish at all, or to punish indiscriminately the like attacks upon the religion of Mohammed, or of the Grand Llama, and for this plain reason: that the case assumes that we are a Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines or worship of those impostors."
This is only to argue that if the morality of the country were engrafted upon the religion of Mohammed or the Grand Llama, and Christians were to speak against and deny that accepted religion, it would be proper that the State should punish those Christians for so doing. If that principle be correct, then a Mohammedan country has the right to prohibit the preaching of the gospel of Jesus Christ within its limits.
According to these decisions, Luther and the reformers of his day were blasphemers. The penalty was death, in many cases at the stake, yet under this principle the State did right to put them to death in whatever way the law prescribed; because they did certainly make an open, public, and explicit denial of the popular religion of every country in which they lived, and of all Europe; and if the words of Luther were used to-day in any Catholic country, they would be counted as blasphemous, as a willful and malicious reviling of the accepted religion. The reformers did hold up to ridicule and contempt the popular religion of all Europe. They did right, too; and when the State punished them, it was but carrying out the principles upheld by Chancellor Kent and the Supreme Court of Pennsylvania, and all the other States that have legislated on the subject of religion.
As I have already stated, it was upon this principle precisely that the Roman empire forbade the preaching of the gospel the Christ. It only forbade an open, public, and explicit denial of the popular religion of the country, yet in forbidding that, it forbade the preaching of the gospel of Christ. But Christ sent forth his disciples to preach the gospel to every creature, and they did it in the face of the Roman law, and in opposition to the whole power of the Roman empire; and everybody in all the world has an undeniable right to make an open, public, and explicit denial of the popular religion of this country, or any other, if he thinks that religion to be wrong.