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&amp;

NATIONAL SECULAR SOCIETY

BwAl au&lt; k;

CL&lt;5l v~(es

REPEAL OF THE BLASPHEMY
LAWS.
I

shall,

at the next meeting of the Norwood Liberal

and Radical Association, move :—
“That this meeting is of opinion that all Statutes
inflicting penalties for opinion (as the 9th and
10th William III, cap. 35), or placing hindrances
in the way of lectures and discussions (as the
21st George III, cap. 49), ought to be forthwith
repealed ”.
S. HARTMANN.

The following is a reprint of the speech made by Mr.
Bradlaugh on this subject in the House of Commons, on
12th April, 1889 (“Hansard,” vol. 335, page 450):—

Mr. Speaker, the Bill, the second reading of which I have
asked the House to pass, is directed against prosecutions
which are partly prosecutions at common law and partly
prosecutions by Statute. The Statute is the 9th and 10th,
William III, chapter 35, and that Statute enacts that any
person convicted of blasphemy, shall, for the first offence,
be adjudged incapable and disabled in law, to all intents
and purposes whatsoever, to have, to hold, or enjoy any
office or offices, employment or employments, and shall,
for a second offence, be adjudged disabled from being a

�( 2 )
plaintiff or defendant in any suit, or from being the guar­
dian of his own children, or from being capable of receiv­
ing any legacy, and shall be liable to imprisonment for
the space of three years. The Act has been held to be
supplemental to the common law. I may best describe
the Statute by using the words of Lord Coleridge uttered
in a case which was tried six years ago. In the course of
the defence, the Statute had been described as shocking,
and Lord Coleridge said—
“ Some old things, and amongst them this Statute, are
shocking enough, and I do not defend them.”

In a judgment which Lord Justice Lindley delivered in
1885, His Lordship spoke of this Statute as cruel in its
operation against the persons against whom it was directed.
The Statute of 6th of George, chapter 47, which applies
to Scotland, makes the offence punishable by 14 years’
transportation. Now, Mr. Justice Stephen in his “ His­
tory of the Criminal Law ”, which was written and passed
through the Press in 1882, although it was published in
1883, wrote—
“ Offences against religion can hardly be treated as an actually
existing head of our criminal law. Prosecutions for such of­
fences are still theoretically possible in a few cases, but they
have in practice become entirely obsolete.”

Unfortunately, whilst. the History was passing through
the Press, several prosecutions were initiated, one of which
4 was tried at Maidstone, two which were tried at the Old
Bailey, and two, in one of which I was myself the de­
fendant, which were removed by certiorari to the High
Court, and were tried before the present Lord Chief Justice
of England. Here are two views of the law which it
is my duty to submit to the House, one, the view taken by
the present Lord Chief Justice of England—namely, that
it is only the manner of a blasphemous libel which should
be censured and that a calm, and clear, and cool statement
of views could not bring a person within the operation of

�( 3 )
the laws relating to blasphemy; and the other, the view
which, with all submission to the great Judge, who has
expressed the contrary opinion, I am afraid is the real
view of the law—the other, the view which was formed by
Mr. Justice Stephen and Mr. Justice Hawkins sitting in I "
the Queen’s Bench Division, which was mentioned in the
charge of Mr. Justice North in the trials at the Old Bailey,
and which was formed in the case of the AttorneyGeneral v. Bradlaugh reported in the Weekly Reporter, |
vol. 433, especially by Lord Justice Lindley. It seems to
me that the real state of the law has been very fully
explained by Mr. Justice Stephen in an article which
appeared in the Fortnightly Review, and which was pub­
lished in examination and criticism of the charge of Lord
Coleridge to the jury in the case of the Queen v. Foote
and others. Mr. Justice Stephen urges that the law as
it now stands is a bad law, and recommends the very
measure which I am bringing before the House to-night.
It is right, however, I should state Lord Coleridge’s view
—the view that it is the manner and not the matter of the
blasphemous libel which should be considered, before I
put what I conceive is, unfortunately the real view of the
law. Lord Coleridge says—
“It is clear, therefore, to my mind that the mere denial of
the truth of the Christian religion is not enough alone to con­
stitute the offence of blasphemy.”

and he goes on to point out that all prosecutions for blas­
phemy, according to his view, tend to failure. Further on
in his judgment Lord Coleridge says—
“ Persecution, unless thorough-going, seldom succeeds. Ir­
ritation, annoyance, punishment which stops short of exter­
mination, very seldom alter men’s religious convictions. En­
tirely without one fragment of historical exaggeration, I may
say that the penal laws which 50 or 60 years ago were enforced
in Ireland were unparalleled in the history of the world. They
existed 150 years ago ; they produced upon the religious con­
victions of the Irish people absolutely no effect whatever.”

�( 4 )

I submit to the House that all kinds of enactments which
are in the nature of persecution for opinion are enactments
which fail in doing anything except driving the expression
of opinion into its worst and roughest forms, and, there­
fore, ought not to be desired by anyone who has in any
degree any faith in any kind of liberty. Mr. Justice
Stephen, reviewing the charge of Lord Coleridge, a charge
which he praises in language not too strong, says —

“My only objection to it is that I fear that its merits may
be transferred illogically to the law which it expounds and lays
down, and that thus a humane and enlightened judgment may
tend to perpetuate a bad law by diverting public attention
from its defects. The law I regard as essentially and funda­
mentally bad.”
Now when a learned judge, who is now engaged in trying
cases, can thus describe this portion of the law, I think I
can submit there is something like a prima facie case for
its appeal. Lord Justice Lindley in delivering judgment
in the case of the Attorney-General v. Bradlaugh says—
“ It is a mistake to suppose, and I think it as well the mistake

|$ *
,i'

7 should be known, that persons who do not believe in a Supreme

Being are in the state in which it is now commonly supposed
they are. There are old Acts of Parliament still unrepealed by
H which such people can be cruelly persecuted.”

And it was because Lord Justice Lindley found this law
on the Statute Book, that he said he felt constrained to
hold as he did in the case then before him. What is the
state of the law ? I prefer to put it in the words of Mr.
Jnstice Stephen than in my own. He quotes in support
of his statement a large number of cases, and he says—

“ The result of the examination of the authorities appears to
me to be that to this day Blackstone’s definition of blasphemy
must be taken ,to be true; and, if this is the case, it follows
that a large part of the most serious and most important litera­
ture of the day is illegal—that, for instance, every bookseller
who sells, every one who lends to his friend, a copy of Comte’s
Positive Philosophy, or of Renan’s Vie de Jesu, commits a crime
punishable with fine and imprisonment. It may be said that
so revolting a consequence cannot be true; but, unfortunately,

�( 5 )

this is not the case. I suppose no one will, or indeed can deny
that if any person educated as a Christian, or having ever made
profession of the Christian religion, denied that the Bible was
of divine authority, even by word of mouth, he would incur the
penalties of the 9 and 10 William III, c. 32. I will take a par­
ticular instance by way of illustration of this. The late Mr.
Greg was not only a distinguished author, but an eminent and
useful member of the Civil Service. I suppose he was educated
as a Christian, and no one could have a stronger sympathy with
the moral side of Christianity. In every one of his works the
historical truth of the Christian history is denied : and so is the
divine authority of the Old and New Testament. If he had
been convicted of publishing these opinions, or even of express­
ing them to a friend in private conversation, his appointment
would have become void, and he Would have been adjudged in­
capable and disabled in law to hold any office or employment
whatever; in a word, he would have lost his income and his
profession. Upon a second conviction, he must have been im­
prisoned for three years, and incapacitated, amongst other things
to sue or accept any legacy. About this there neither is, nor
can be, any question whatever.”

And after a long and careful summary of the law, as laid
down in many decisions, Mr. Justice Stephen winds up—
“ In my own opinion the practical inference is that blasphemy
and blasphemous libel should cease to be offences at common
law at all, that the Statute of William III should be repealed,
and that it should be enacted that no one except a beneficed
clergyman of the Church of England should be liable to ecclesi­
astical censures for ‘ atheism, blasphemy, heresy, schism, or any
other opinion ’. Such an abolition would not only secure com­
plete liberty of opinion on these matters, but it would prevent
their recurrence at irregular intervals of scandalous prosecutions
which have never in any one instance benefited anyone least of
all the cause which they were intended to serve, and which
sometimes afford a channel for the gratification of private malice
under the cloak of religion.”
•

I ask this House to give effect- to what the learned Judge
has said. I know there are one or two arguments which
may be used to weigh heavily against me. One is, that
the class for whom I speak is a comparatively small class.
(Mr. DeLisle : “ Hear, hear.”) There would be no reason
in denying liberty to one man, even if he stood alone.
Every opinion, in every age, has been at some time small,

�( 6 )
and those who hold opinions which, within 100 years have
been the subject of cruel persecutions within this realm,
should be the last to endorse the doctrine of persecution
against those weaker than themselves. It may be urged
that the severe penalties of the law are seldom enforced.
It is only about 50 years ago that under this Act one man
suffered nine years and eight months’ imprisonment in
this country, and was also condemned to pay an enormous
fine. It did not check the issue of the literature by him
against which the prosecution was directed. It only had
the effect of endearing him to a large number of people,
and of making many purchase the writings he issued who
might otherwise not have done so. I hardly like to seem
to be thrusting my personal case upon the House, but I
may be permitted to remind the House that the declaration
has been made very formally in print that the prosecution
which was directed against me, was initiated for the direct
purpose of disqualifying me, under this Statute, for the
term of my natural life, from taking part in the political
work of the country. I submit to the House that, ruling
as it does over 330,000,000 of human beings, of every kind
of faith or lack of faith, it is our duty to treat all alike.
What is the effect of the law as it stands ? Two years ago
a legacy was left to myself and a gentleman in Manchester
for the purpose of endowing an institution. We were all
persons who might have been indicated as blasphemers
under the law. The legacy was left for purely educational
purposes, but the legacy was set aside, first of all in the
Court of the Palatine of Lancaster, and next on appeal,
on the ground that a bequest for such a purpose was an
j illegal bequest and voidable. It may be said “ we would
not object to you being allowed to utter your views, but
we object to you uttering your views in an offensive
language”. But if persons utter their views in an of­
fensive manner, and so as to provoke a breach of the
peace, they are punishable under the law as it now stands.
The fact that the law is not always enforced, the fact that

�( 7 )
it is seldom enforced, the fact that Mr. Justice Stephen
in his “ History of the Criminal Law ”, describes the law
as obsolete, the fact that Lord Justice Lindley has referred
to the law as cruel in its operation, should tend, I submit,
to induce the House to grant the Second Reading of this
Bill. I can quite understand it is possible that people
will say that views which are different from their own
should not be offensively urged, but that brings in the
question of the manner of the advocate rather than that
of the matter, and I put it to persons who hold this view,
whether the keeping on the Statute Book of this harsh
and cruel law, does not deprive' any of us, who may wish
to tone and temper argument, of any fair reason for
checking harsh or hasty speech or utterance. Again, let
me point out that the word blasphemy for which' you
punish to-day, has been an ever-changing word. It is
only 240 years ago that a man, Naylor, the Quaker, of
the same faith as the man (Mr. Bright) all of us in this
House honored, was tried for blasphemy. George Box,
William Penn, and scores of their co-workers were sent to
gaol, or whipped at the cart tail as blasphemers. The
Unitarians, had they lived even later than the times of
which I have just spoken, would have come within the
penalties of this Statute which Lord Coleridge says gives
a ferocious power against people, and which Lord Justice
Lindley condemns as an essentially bad law. I feel' that
this is not a time of night to trespass unduly on the
attention of the House. I can only appeal to the generosity
of the majority, but I would point out to them the position
in which they put those who differ from them when they
lack generosity themselves. I have sometimes tried to
argue with my friends in Prance against the strict en­
forcement some of them have put on the Anti-Clerical
laws ■ they have answered me “ the Church shows us no
mercy ”. It is that kind of unfortunate spirit which treats
opinion as if it were a crime and thought as if it were a
crime, when the very honesty of the utterance of that

�thought, that expression of opinion, shows you that
the persons against whom you direct your Statute,
have, at least, the virtue of honesty to redeem their
action from being classed as that of the ordinary
criminal. It is against this unfortunate spirit I am
arguing; it is for these people I am pleading to-night.
I am pleading for many who have found trusts for their
children cancelled, as was the case with a member of this
House, honored while sitting in it because of the family
to which he belonged, and for the great name and greater
traditions associated with it—I mean Lord Amberley. He
found his trust for his children cancelled, because the man
whom he honored enough to give the trust, might
have been brought within the scope of this statute. It is
too late to-day to keep these penalties on the Statute Book.
The Bill may not receive sanction for its second reading
to-night, but it is something—and I thank the House for
it—that the House has listened patiently and generously
to an appeal made on behalf of an unpopular minority;
and one day or other justice will have to be done, and I
ask the House to do it whilst those for whom they are
asked to do it are few and weak, rather than leave us to
win, as win we will, that outside public opinion by the
ballot which determines what the law shall be.

A. Bonner, Printer, 34 Bouverie St., E.C,

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                    <text>£ -2-? 3 I
NATIONAL SECULAR SOCIETY

SOCIALISM.
To the Editor -------Sir,

The efforts of the members of the “Trinitv
Church Mutual Improvement Association ” to increase
their store of useful knowledge deserve nothing but
praise. But, judging from the report you give of a
lecture on “Socialism” by the Reverend President, I
fear the members will be liable to mistakes of a serious
kind if they confine their search for truth within such a
limited area as that apparently covered by this exposition.
That Christ was a great Socialistic teacher is beyond
dispute, and that he taught and practised “self-sacrifice ”
is not by any means a full statement of the facts. He
taught rich men to “sell all that they possessed”, and
his earliest followers, we are told, did so, and had “ all
things in common”. Are we to understand that the
lecturer is prepared to direct his flock to follow this
example, in both the spirit and the letter ? If not, what
becomes of the assertion that the Christ-like form of
Socialism is the “only one” which will “ever be
possible ” ?

�I do not understand the phrase “ Compulsory Social­
ism , nor to what system it can be applied. Hence I am
unable to judge of its asserted “ absolute impossibility”.
The lecturer appears to have implied that this system of
compulsory Socialism” was “experimented upon in
France , and “ caused the streets of Paris to be
drenched in blood”. It is not explained which event
was referred to—the early French Revolution, that of
1830, or the more modern Commune? In either case, the
reference was entirely misleading, and Socialism, either
compulsory” or “arbitrary”, was in no sense whatever
the cause of the events mentioned. This muddling-up
of Socialism, Atheism, and other disliked “isms” is a
very common practice, especially in addressing an audience
believed to be not too well read in history. But at the
present day such inaccuracies and loose statements are
risky and liable to be detected, even in least expected
quarters. Hardly less obscure and misleading were the
lecturer’s definitions of “ Individualism” and “ Christian
Socialism ”. The Rev. Stewart Headlam would have
demolished the lecturer’s position in a few minutes, and,
unless the reporter failed to catch the drift of the state­
ments made, the result of the prescribed line of action
would certainly be “confusion worse confounded”.

If Socialism is to be described at all, it should be fairly
and candidly done, because the exhibition of a mere cari­
cature of so important a movement will certainly not
“mutually improve” any persons who listen thereto.
Systems of Socialism have been and are many and various,
and a proper historical description of them must be both
interesting and instructive. Such a retrospect would
reach back to Crete and Sparta, the ancient German com­

�3

munities (from one of which, the Anglo-Saxons came), the
Essenes of Judea, the Anabaptists, and many other forms
of Socialistic association. Of later years the labours of
worthy old Robert Owen, Fourierism, the theories of
Paine, Spence, Godwin, and others would require notice.
Later on still the work and writings of Karl Marx and his
school, with the views of Mill, Spencer, Bax, the leading
spirits of the Social Democratic Federation, the leaders of
the Co-operative movement, the Fabian Society, and a
host of modern writers and speakers—all these would haw1
to be carefully considered before moderate justice could
be done to the subject of Socialism. Certainly this vast
subject is not one to be disposed of by a vague, hackneyed,
and utterly misleading reference to the French Revolution
—an event no more the result of any form of Socialism
than it was the consequence of the discovery of the Coper­
nican system or of the mariner’s compass.
Let me explain that I am not a Socialist, any more
than the reverend lecturer is one, except in the sense that
now-a-days we are all more or less acting under the
influence of Socialistic principles, whether we know it
or not. This great subject is one which is daily engaging
the deep attention of many of the wisest and best men
and women of the age, in this and other countries. The
absorbing problems of land and labour, and capital and
labour, are being thought out and solutions sought; and
into the possession of the ripe fruit of all this study and
investigation humanity will one day enter. I may, or I
may not, agree with Mr. Morris, Mr. Hyndman, or Mrs.
Besant, in the conclusions at which they arrive ; but that
they and a thousand others are doing useful work I am
bound to admit. Such a movement is not to be thrust

�4
aside by a Podsnapian wave of the hand, nor settled and
disposed of in a half-hour lecture.

The old laissez faire system has been tried and found
grievously wanting, and the doctrine of “ every man for
himself ” has failed to satisfy the needs of the age. This
movement towards Socialism is not the work of “Agi­
tators ”, and therein lies the silly old mistake into which
so many well-meaning people have fallen. Agitators are
effects, not causes ; they are the products of the spirit
that moves in millions of human breasts, a spirit that
cannot be sneered down, nor even chained down, by any
human power. Agitators are only the outward and visible
signs of the inward and spiritual aspirations of the people.

We may few of us live to see it, but I recognise even
in this much misunderstood, and so often fatuously misrepresented Socialism, one of those hopeful and noble
onward and upward tendencies of humanity, that are
working day by day towards that golden age sung of by
the poets, and which, as Southey says,
“ Shall bless the race, redeemed of man, when wealth
And power, and all their hideous progeny,
Shall sink, annihilate, and all mankind
Live in the equal brotherhood of love I ”

January 20th, 1890.

Yours, etc.,
PAT),

[Note. — The editor of the newspaper in which the
report referred to appeared, declined to insert the above
letter.]
A. Bonneb, Printer, 34 Bouverie St., Fleet St., E.C.

�</text>
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