The principle of these decisions and of the civil statutes against blasphemy, is essentially a pagan principle, and not a Christian principle. It is peculiarly appropriate, therefore, that Chief Justice Kent not only cited the precedents of the church-and-state principles of the colonies and of the British government, but appealed to the pagan governments of antiquity and the papal institutions of modern Europe, as the basis of his decision. It is true that all these nations have set themselves up as the special guardians of their deities, and have prohibited the denial of the popular religion; and it is equally true that all these nations have resisted every step in enlightenment and progress that has ever been made in the march of time. Every step forward in religion and in enlightenment has of necessity been taken in the face of all the opposition which these States and empires could bring to bear. But the principles of American institutions are neither pagan nor papal. The principles of the American Constitution which forbids legislation on the subject of religion, are Christian principles. And it is strictly in order for Supreme Courts in making decisions in behalf of what they boast of as the Christian religion, to base their decision upon something else than the course of the pagan governments of antiquity, and the papal institutions of modern Europe. Upon such a subject it would seem to be proper for them to refer to the teachings and the principles of the Author of Christianity, but singularly enough, it has never been done, and doubtless for the very good reason that it never can be done; for the teachings of Jesus Christ are directly against it. His word forbids civil government to have anything to do with what pertains to God. And instead of teaching his disciples to prosecute, to fine, and to punish by civil law those who speak against them or their religion, he says, "Love your enemies, do good to them that hate you, pray for them that despitefully use you and persecute you; that ye may be the children of your Father which is in heaven." How can men be brought to respect God or Jesus Christ by civil penalties upon their bodies and goods? How can they respect the religion of men who are ready to prosecute and imprison them? Every principle of the thing is contrary both to the spirit and the letter of Christianity. The religion of Jesus Christ properly exemplified in the daily lives of those who profess it, is the best argument and the strongest defense against blasphemy, both as defined by the Scriptures and by the civil statutes.
Laws, therefore, prohibiting "what a jury may call blasphemy," are pagan, and not Christian. The decisions of the Supreme Courts of New York and Pennsylvania upon this subject are pagan decisions, and not Christian; they are based upon pagan precedents, not Christian. The deadly persecutions of all history, pagan, papal, and so-called Protestant, are justified in these decisions. Michael Servetus was burnt for "blasphemy." The only use that ever has been, or ever is, made of any such laws in any country, is to give some religious bigots who profess the popular religion, an opportunity to vent their wrath upon persons who disagree with them. Any man who really possesses the religion of Christ will have enough of the grace of God to keep him from endangering the public tranquillity when his religion is spoken against.
Therefore, I say that we are opposed to all laws of civil government against blasphemy, not because blasphemy is not wrong, but because it is a wrong of that kind with which civil government has nothing to do; and in this we stand wholly upon Christian principle. We stand exactly where the early Christians stood; for, I say again, when Paul spoke in the Roman empire, he was blaspheming, according to the law, was held as a blasphemer and an atheist, and was put to death as such, under the very principle upon which the American laws of blasphemy are sustained.
Senator Blair. -- The law was wrong, you say?
Mr. Jones. -- Certainly the law was wrong. The Roman law was that no man should have particular gods of his own, -- gods not recognized by the Roman law.
Senator Blair. -- That law was not for the good of society?
Mr. Jones. -- No, sir.
Senator Blair. -- Certainly it was not. Then you have to repeal the law or obey it.
Mr. Jones. -- It ought to be repealed.
Senator Blair. -- During these eighteen hundred years we have contrived to repeal that law; but here comes an intelligent people who have evolved among themselves, as the result of a thousand or fifteen hundred years of history, among other things, the institution of the Christian Sabbath, by writing it in the laws of every State in this country, so that the whole American people made up of communities or States, have enacted the principle of this law.
Mr. Jones. -- The same principle is under the bill before the Committee. There is the same principle under it all. If you can legislate in regard to the Sabbath, you can legislate in regard to blasphemy; you can legislate in regard to idolatry, and every other offense against God, as did both the Puritan and the papal theocracy.
Senator Blair. -- You deny the right of the majority, in other words, to make a law in conformity with which the whole shall practice in society?
Mr. Jones. -- I deny the right of any civil government to make any law respecting anything that pertains to man's relationship to his God, under the first four of the ten commandments. I wish right here to show further that this is not only the principle of the word of Jesus Christ, but also of the American Constitution.
Before Christianity was preached in the world, the Roman empire had among its laws these statutes: --
"1. No man shall have for himself particular gods of his own; no man shall worship by himself any new or foreign gods, unless they are recognized by the public laws.
"2. Worship the gods in all respects according to the laws of your country, and compel all others to do the same. But hate and punish those who would introduce anything whatever alien to our customs in this particular.
"3. Whoever introduces new religions, the tendency and character of which are unknown, whereby the minds of men may be disturbed, shall, if belonging to the higher rank, be banished; if to the lower, punished with death."
The Christians did have a particular God of their own, not recognized by the Roman law. They did introduce a new religion. The Roman empire enforced the law, and that is why the Christians were put to death. If things pertaining to God be a proper subject of legislation by civil government, then no Christian was ever persecuted, and there has never been persecution in this world.