Billeder på siden
PDF
ePub

fully, blaspheme, or speak loosely and profanely, of Almighty God, Christ Jesus, the Holy Spirit, or Scriptures of Truth." 1 Smith's State Laws, page 6. Under this act, Robert C. Murray was indicted at the last Mayor's Court, for Blasphemy. His counsel entered the plea of "Not Guilty" on his behalf; and the case was, in the ordinary way, submitted to a Jury of his country.

which had been published under the sanction of the Legislature, and otherwise recognized, since the adoption of the constitution. That the law was not inconsistent with the provisions in that instrument, to which reference had been made. That a "wilful, premeditated, and despiteful blasphemy," such as was charged in the indictment and proved by the evidence, could not be The evidence for the prosecution considered as "the worship of Alwas brief, distinct, and forcible. Two mighty God according to the dictates witnesses swore that they had heard of conscience," nor could it be deemed the defendant, at various times and "a right of conscience,"-nor such a places, utter the following language"free communication of thoughts and "That Christ was a bastard; his mother opinions" as is justly termed one "of a w; and the Bible a pack of lies." the invaluable rights of man." NeiIn his defence, R. C. Murray adduced ther the language nor the spirit of the some evidence of the general goodness constitution could be construed to of his character; and his counsel urged sanction a licentious, unnecessary, upon the court and the jury, that the intrusive, and obscene course of prolaw, under which the indictment had fanity, shocking to every upright mind, been framed, was unconstitutional- and which, abstracted from all relithat it was inconsistent with, and of gious belief, could be uttered no where course, repealed by the constitution-without exciting sensations of pain, and cited the following sections to support their position. 3d Section of Article 9. "That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience that no man can of right be compelled to attend, erect, or support, any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishments or modes of worship." 7th Section, "The free communication of thoughts and opinions is one of the invaluable rights of man: and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty."

1st paragraph of the Schedule. "That all laws of this Commonwealth, in force at the time of making the said alterations and amendments in the said constitution, and not inconsistent herewith, &c. shall continue as if the said alterations and amendments had not been made."

On the part of the Commonwealth, it was observed, that the Mayor's Court of the city of Philadelphia, would hardly venture to adjudge an act of Assembly unconstitutional,

and of extreme repugnance.

The Court, in charging the Jury, merely remarked, that as to the law, no doubt could be entertained. They were not going to declare any act of Assembly unconstitutional; and if the defendant thought he could satisfy a higher tribunal, that the offence with which he is charged is not indictable in this State, a writ of error would doubtless be granted for the purpose. It was certainly the right of every citizen to entertain what religious opinions he preferred; and, if he felt inclined, to utter them in a proper manner, without restraint;-but while one man exercises his rights, let him not offend against the rights of others

let him not intrude indecently and shockingly upon the sacred belief and scruples of those who think differently from him. The expression of a mere speculative opinion, in argument or in decent language, is no where censurable.-But, if the Jury think the defendant uttered the expressions which have been given in evidence, wantonly and maliciously, without cause, and without provocation, they ought to convict him.

The Jury, without retiring from the box, gave in a verdict of “ Guilty."

Motions for a new trial, and in arrest of judgment, were then made by the defendant's counsel, which, after argument, were severally dismissed by the Court; and on the following

Monday, the Recorder pronounced lication of the acts of Assembly, under

the following solemn and impressive

sentence:

You have been convicted of the odious crime of blasphemy, an offence which, to your shame, and the honour of society, is as seldom heard of, as the depravity, which excites to it, is hopeless and disgusting. Of the various crimes which, as guardians of the public morals, it is our duty to punish, there are few which circumstances will not in some degree extenuate. The illegal possession of another's property, may be often traced to the pressure of want, whether resulting from misfortune or from unsuccessful crime; and the catalogue of offences from assault to murder, is generally supplied by the operation of real or imaginary wrongs, which animate the victim to hasty and criminal revenge. But for the blasphemer there is no apology. The nature of his transgression forbids the expectation of a profitable fame, and of contemporary relief from penury or despair; and instead of being justified by motives of retribution for injuries, he lifts his feeble arm against the Author of his being, who pities his infirmities, and extends to him the hand of reconciliation. The blasphemer's aim is mental desolation; he seeks no other recompense than the infliction of despair, and, to the honour of a christian people, is rarely listened to but with horror and disgust.

It were painful, even if it were desirable, to repeat the language in which you have dared to blaspheme the SAVIOUR OF THE WORLD. It has been attempted to defend you by an appeal to those invaluable rights of freedom of speech and universal toleration, which, in all matters of religion and conscience, are secured by the constitution. It is said the constitution of this commonwealth contains an implied repeal of the statute on which this prosecution is founded. But obvious indeed must be the course of implication, to determine the repeal or unconstitutionality of a statute so salutary and necessary, before this court would think themselves justifiable to abolish a restraint which is to be found in the code of every christian people. For us it is sufficient, that the law in question has not only never been repealed, but has actually been recognized as still in force, by a recent pub

the authority of the Legislature. In cases like the present, therefore, it is the duty of the court to rely upon the positive provision of the law, and to leave to the supreme tribunal of the State, the resolution of those doubts which have been raised in this case. To that tribunal let our decision be submitted.

To us, the terms of the constitution do not appear inconsistent with the provisions of the act of Assembly. Every man possesses an undoubted right to entertain and express his peculiar opinion on the subject of religion, so far as he exercises it without an interference with the religious privileges which the constitution equally secures to his neighbour. The liberty of speech, in matters of this kind, is analogous to the liberty of the press, which guaranties to every citizen "the right to speak, write, and print, on any subject, being responsible for the abuse of that liberty."

The application of the law, appears to us to leave you without a single circumstance to excuse or extenuate your indecency, insolence, and crime. So far from having employed the impious and obscene language, recited in the indictment, in the heat of argument, or when provoked by opposition, you have obtruded on those to whom it was peculiarly offensive, and whose happy confidence in the Christian faith it was your object to destroy. Nor have you confined your malicious activity to the sphere of private conversation. Citizens have been insulted with your profanity and indecency, in the public streets; and, to complete your insolence, you have accosted them with scoffings on their way to public worship.-It is time you should know, that you cannot with impunity sport with the feelings and happiness of your fellow-citizens; common decorum and good manners, as well as law and religion, forbid it. You must be taught, that respect even to the prejudices of others, on so important a topic as that of religion, is due to the humblest individual in society. Can it be otherwise than criminal, maliciously to destroy the happiness of another, by depriving him of his confidence in revealed religion, and rendering him a prey to doubt and despair? The least malicious injury to the person or property of another,

[ocr errors]

is an object of punishment; and it is to accuse our code of the grossest inconsistency, to suppose it regardless of mental rights, the most indispensable to human happiness.

On a subject of so great importance, and on which you appear hitherto to have been so ignorant and thoughtless, we advise you to seek information. It cannot fail to impress on your mind a conviction of your errors and your danger, and induce you to abandon those shocking sentiments, which, whether seriously entertained, or thoughtlessly sported with, will, without atonement, terminate in interminable ruin.

Your age and infirmities render you an object of compassion. It is time you had reflected on the wickedness of the past, and contemplated the awful certainty of the future; for the day is not far distant, when, without repentance, you will be compelled to acknowledge, under the tortures of a guilty conscience, the truth and power of revealed religion.

The offence of which you have been convicted, is too disgusting to be a dangerous example. - The Court would nevertheless be justified in imposing upon you the imprisonment at hard labour, authorized by the law; but that punishment, although it would afford you an opportunity for reflection, would deprive you of information, of which we sincerely and earnestly entreat you to avail yourself.

The judgment of the Court is, that you pay the sum of £10 for the use of the poor, being the full amount of the penalty which the law authorizes, with the cost of prosecution.

RULES OF CHRISTIAN LIFE.

THE truly pious and nervous sentiments contained in the following rules, are copied from an ancient manuscript, which, from the style of the writing, the orthography, and contractions, is probably not much less than 100 years old. The author is unknown, Twenty-seven short Christian Rules, of great consequence to those who wish to do the will of God on earth, and go to heaven at last.

1. Defer not conversion, or the performance of any good action, till tomorrow; for the morrow is uncertain, but death is ever certain.

2. Defer not the performance of any

good resolution to your old age; but offer to God the flower of your youth. Uncertain is old age to the young; but certain destruction attends him that dies young, without repentance.

3. While you live, die daily to yourself and to your vices; so in death you may expect to live to God. You cannot live to him, but according to the measure as you are dead to the flesh.

4. Commit not any evil action, for the sake of any man; for that man, whom you so respect, will not be your judge.'

5. Examine yourself every day, whether you increase or decrease in charity, humility, and purity: consider how, in the way of the Lord, you must either increase or decrease. To stand, here, is to go back. Stand not, therefore; but walk in the way of the Lord.

6. Consider these three things past: the evil you have committed; -the good you have omitted; -and the time you have mispent.

7. Consider these three things present the shortness of this life; -the difficulty of being born again by the Spirit;-and the smallness of Christ's flock.

8. Consider these three things to come: death, than which nothing is more dreadful, unless you take out the sting;-judgment, than which nothing can be more terrible, unless you judge yourself before; hell,-than which nothing can be more intolerable, unless you quench the fire of it kindled in your own breast.

9. Three things there are which you must not lose: When you see any one do a virtuous deed, you must not be careless in learning to practise it; -whenever an opportunity of doing a good action presents itself, catch it fast, let it not slip for all the world;whenever an occasion of doing ill presents itself, guard yourself with the fear of God.

10. Be vigilant and exact in all, whatever you take in hand, as mindful of that perfection of life, to which you are called of God in Christ.

11. Christ has set you free; never henceforth be a bond-slave to any thing without you, let it appear never so great and glorious, or be never so promising or alluring to vulgar sense or reason: But,

12. Pray to enter into that kingdom which is within, whose glory is invisible to mortal eyes: and let your heart,

by constant resignation, be made the throne of God, and of his Christ.

13. God has communicated himself wholly to you: do you communicate yourself wholly to your neighbour; and when you do any thing for another, do it with the same zeal as if you did it for yourself.

14. That is the best life which is wholly employed to the benefits of others: esteem not of life any further than it is serviceable and useful to the world.

15. Think not with yourself what you have, but rather what you want: be not proud for what you have received, but be humble for what you have abused.

16. Whatever you desire to have, ask it of God: whatever you have already, attribute it wholly to God: as soon as you begin to find nothing in yourself, you shall begin to find all things in God.

17. Withdraw yourself while you can, and as much as you can, from the world: as far as you withdraw yourself from it, so much nearer are you drawn to God.

18. You have the cross in your arms; be not so base as to flinch from it, or to run from your colours: be not so silly as to be ashamed of that which the very kings of the earth have now exalted on their crowns, and with which all the ensigns of royalty are adorned.

19. Would you, sacrifice to God, enter then into the inmost closet of your heart; and, shutting the door, give the key of it to Christ, beseeching him to keep out all things from without, and to gather you in wholly into the unity of the blessed Spirit.

20. Look not on religion as a system of orthodox notions, or a rubric of forms, much less as a charm, laid to draw such and such sinners into heaven; but as inward spirit and life, which enlivens and governs the true Christian, in the performance of all good works, suitable to his high birth and condition.

tian gravity, which is sullenness or pride; or that moderation, which is temporizing; or that humility, which is cowardice; or that courage, which is an affront offered to superiors.

22. Take care that you be not found in the root and principle of hell, if you are afraid of its flames. Take care that you be found in the root and principle of heaven, if you expect to partake of its joys. Be sure to try your root, and let not Lucifer in you transform himself into an angel of light.

23. Trust not to your own heart, for that will deceive you; but trust God with your heart, who cannot deceive you.

24. Use yourself to think on God as always present: thus thinking on him, you will in some sort behold him; thus beholding him, you will become like him.

25. Render yourself worthy of him, who has vouchsafed to own you for his child: and remember, in all your deeds, that you have God for your father: never forget the high character you bear.

26. Begin every thing you do with God, and end every thing with him; and let the thoughts of him and his name be as familiar and natural as your breathing.

27. Strive to be what you would be thought to be: as you desire to appear at the day of judgment, appear at the present in the sight of God. Strive to be great in him, and great in yourself. Strive to be greater than what you appear to others. Let the world be deceived in you no otherwise than they are in the stars of heaven.

COMPARATIVE ESTIMATE OF TALENTS. FRANCIS STANCARUS, a native of Mantua, who flourished in the 16th century, was a man of considerable learning and talents, which he employed with unremitting assiduity in the cause of the Reformation in Poland, where his labours were crowned with considerable success. His attachment to the 21. Give not the least quarter to any celebrated Peter Lombard, however, corrupt affection, lest a spark break was such, that he used to make beout into a fire, and consume you before tween him and others the following you are aware. Above all things, take comparative estimate: "Peter Lomheed not to consecrate your vices, or bard alone is worth more than one to hallow the corruptions of the satan-hundred Luthers, two hundred Meical life, taking them for Christian lancthons, three hundred Bullingers, graces. Christen not that holy zeal, four hundred Martyrs, and five hundred which is bitter wrath; or that Chris- Calvins."

On this singular comparison, Micraelius, a Popish writer, has made the following sarcastic remark: "If all these men were pounded together in a mortar, there could not be extracted from them one ounce of true divinity." The influence which prejudice exercises over judgment, even in men of enlarged minds, of extensive erudition, and profound research, is so astonishing, that it would even stagger credulity itself, if the fact had not been confirmed by instances in every age. Hence,

"One thinks on Calvin heaven's own spirit fell,

Another deems him instrument of hell.”

But,

"'Tis with our judgments as our watches, none Go just alike, yet each believes his own."

continues, in many places, to engross much attention. For such as take exercise in parks, or who have an opportunity of travelling on level roads, these machines are said to be highly beneficial. A person, who has made himself tolerably well acquainted with the management of one, can, without difficulty, urge himself forward at the rate of eight, nine, or even ten miles per hour. In one account we are informed, that experiments have shewn it to be easy to travel fifty miles per day on these German hobbies. And as schools are about to be opened to instruct young students in this country, we may expect to see them, ere long, brought into extensive use. The price, we are informed, varies from eight to ten guineas; and their whole weight does not exceed fifty pounds.

As one successful effort of genius frequently leads to another, so this German invention has stimulated one of our own ingenious mechanics to attempt an improvement on the principle, the machinery, and the accommodation of the rider. In our next Number, we hope to present our readers with a view of his machine, accompanied with a short description of its management and use.

NICHOLSON

THE PEDESTRIAN'S ACCELERATOR.

THE principle upon which this simple machine is constructed, seems to have been taken from the art of skaiting. It will appear obvious, from inspecting the cut, that the whole apparatus consists only of a seat placed between two wheels, which are kept in motion by the feet acting on the ground, while a small guiding-pole, held in the hand, regulates the movement and adjusts the balance.

The inventor of this traveller's assistant is Baron Von Drais, a gentleman at the court of the Grand Duke of Baden. It was introduced into this country a few months since, by a Mr. Johnson, No. 75, Long Acre; and it

[blocks in formation]
« ForrigeFortsæt »