1106 lines
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1106 lines
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17 page printout
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Reproducible Electronic Publishing can defeat censorship.
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Contents of this file page
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THE CIRCULATION OF OBSCENE LITERATURE. 1
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EFFECT OF THE WORLD'S FAIR ON THE HUMAN RACE. 11
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A TRIBUTE TO MRS. MARY H. FISKE. 14
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THE LAW'S DELAY. 16
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**** ****
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This file, its printout, or copies of either
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are to be copied and given away, but NOT sold.
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Bank of Wisdom, Box 926, Louisville, KY 40201
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The Works of ROBERT G. INGERSOLL
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**** ****
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THE CIRCULATION OF OBSCENE LITERATURE.
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ONE of the charges most persistently made against Colonel
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Ingersoll is that during and after the trial of D.M. Bennett,
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persecuted by Anthony Comstock, the Colonel endeavored to have the
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law against sending obscene literature through the mail repealed.
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That the charge is maliciously false is fully shown by the
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following brief history of events connected with the prosecution of
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D.M. Bennett, and Mr. Ingersoll's efforts in his behalf.
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After Mr. Bennett's arrest in 1877, he printed a petition to
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Congress, written by T.B. Wakeman, asking for the repeal or
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modification of Comstock's law by which he expected to stamp out
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the publications of Freethinkers.
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The connection of Mr. Ingersoll with this petition is soon
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explained. Mr. Ingersoll knew of Comstock's attempts to suppress
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heresy by means of this law, and when called upon by the Washington
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committee in charge of the petition, he allowed his name to go on
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the petition for modification, but he told them distinctly and
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plainly that he was not in favor of the repeal of the law, as he
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was willing and anxious that obscenity should be suppressed by all
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legal means. His sentiments are best expressed by himself in a
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letter to The Boston Journal. He says:
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WASHINGTON, March 18, 1878.
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To the Editor of the Boston Journal:
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My attention has been called to the following article that
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recently appeared in your paper:
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"Col. Robert G. Ingersoll, and others, feel aggrieved because
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Congress, in 1873, enacted a law for the suppression of obscene
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literature, and, believing it an infringement of the rights of
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certain citizens, and an effort to muzzle the press and conscience,
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Bank of Wisdom
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Box 926, Louisville, KY 40201
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1
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THE CIRCULATION OF OBSCENE LITERATURE.
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petition for its repeal. When a man's conscience permits him to
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spread broadcast obscene literature, it is time that conscience was
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muzzled. The law is a terror only to evil-doers."
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No one wishes the repeal of any law for the suppression of
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obscene literature. For my part, I wish all such laws rigidly
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enforced. The only objection I have to the law of 1873 is, that it
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has been construed to include books and pamphlets written against
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the religion of the day, although containing nothing that can be
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called obscene or impure. Certain religions fanatics, taking
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advantage of the word "immoral" in the law, have claimed that all
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writings against what they are pleased to call orthodox religion
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are immoral, and such books have been seized and their authors
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arrested. To this, and this only, I object.
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Your article does me great injustice, and I ask that you will
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have the kindness to publish this note.
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From the bottom of my heart I despise the publishers of
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obscene literature. Below them there is no depth of filth. And I
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also despise those, who, under the pretence of suppressing obscene
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literature, endeavor to prevent honest and pure men from writing
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and publishing honest and pure thoughts. Yours truly.
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R.G. INGERSOLL.
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This is sufficiently easy of comprehension even for ministers,
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but of course they misrepresented and lied about the writer. From
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that day to this he has been accused of favoring the dissemination
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of obscene literature. That the friends of Colonel Ingersoll may
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know just how infamous this is, we will give a brief history of the
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repeal or modification movement. . . .
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On October 26, the National Liberal League held its Congress
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in Syracuse. At this Congress the League left the matter of repeal
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or modification of the laws open, taking no action as an
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organization, either way, but elected officers known to be in favor
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of repeal. On December 10, Mr. Bennett was again arrested. He was
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tried, and found guilty; he appealed, the conviction was affirmed,
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and he was sentenced to thirteen months' imprisonment at hard
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labor.
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After the trial Colonel Ingersoll interposed, and endeavored
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to get a pardon for Mr. Bennett, who was held in Ludlow street jail
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pending President Hayes's reply. The man who occupied the
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President's office promised to pardon the Infidel editor; then he
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went back on his word, and Mr. Bennett served his term of
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imprisonment.
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Then preachers opened the sluiceways of vituperation and
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bilingsgate upon Colonel Ingersoll for having interceded for a man
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convicted of mailing obscene literature. The charges were as
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infamously false then as they are now, and to show it, it is only
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necessary to quote Colonel Ingersoll's words during the year or two
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succeeding, when the Freethinkers and the Christians were not only
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Bank of Wisdom
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Box 926, Louisville, KY 40201
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2
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THE CIRCULATION OF OBSCENE LITERATURE.
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opposing each other vigorously, but the Freethinkers themselves
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were divided on the question. in 1879, while Mr. Bennett was in
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prison, a correspondent of the Nashville, Tenn., Banner said that
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the National Liberal League and Colonel Ingersoll were in favor of
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disseminating obscene literature. To this Colonel Ingersoll replied
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in a letter to a friend:
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1417 G St., WASHINGTON, Aug. 21, 1879.
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MY DEAR SIR: The article in the Nashville Banner by J.L. is
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utterly and maliciously false.
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A petition was sent to Congress praying for the repeal or
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modification of certain postal laws, to the end that the freedom of
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conscience and of the press should not be abridged.
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Nobody holds in greater contempt than I the writers,
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publishers, or dealers in obscene literature. One of my objections
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to the Bible is that it contains hundreds of grossly obscene
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passages not fit to be read by any decent man, thousands of
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passages, in my judgment, calculated to corrupt the minds of youth.
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I hope the time will soon come when the good sense of the American
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people will demand a Bible with all obscene passages left out.
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The only reason a modification of the postal laws is necessary
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is that at present, under color of those laws, books and pamphlets
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are excluded from the mails simply because they are considered
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heterodox and blasphemous. In other words, every man should be
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allowed to write, publish, and send through the mails his thoughts
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upon any subject, expressed in a decent and becoming manner. As to
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the propriety of giving anybody authority to overhaul mails, break
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seals, and read private correspondence, that is another question.
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Every minister and every layman who charges me with directly
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or indirectly favoring the dissemination of anything that is
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impure, retails what he knows to be a wilful and malicious lie. I
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remain, Yours truly,
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R.G. INGERSOLL.
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Three weeks after this letter was written the National Liberal
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League held its third annual Congress at Cincinnati. Colonel
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Ingersoll was chairman of the committee on resolutions and platform
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and unfinished business of the League. One of the subjects to be
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dealt with was these Comstock laws. The following are Colonel
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Ingersoll's remarks and the resolutions he presented:
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It may be proper, before presenting the resolutions of the
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committee, to say a word in explanation. The committee were charged
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with the consideration of the unfinished business of the League. It
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seems that at Syracuse there was a division as to what course
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should be taken in regard to the postal laws of the United States.
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These laws were used as an engine of oppression against the free
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circulation of what we understand to be scientific literature.
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Bank of Wisdom
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Box 926, Louisville, KY 40201
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3
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THE CIRCULATION OF OBSCENE LITERATURE.
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Every honest man in this country is in favor of allowing every
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other human being every right that he claims for himself. The
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majority at Syracuse were at that time simply in favor of the
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absolute repeal of those laws, believing them to be
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unconstitutional -- not because they were in favor of anything
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obscene, but because they were opposed to the mails of the United
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States being under the espionage and bigotry of the church. They
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therefore demanded an absolute repeal of the law. Others, feeling
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that they might be misunderstood, and knowing that theology can
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coin the meanest words to act as the vehicle of the lowest lies,
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were afraid of being misunderstood, and therefore they said, Let us
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amend these laws so that our literature shall be upon an equality
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with that of theology. I know that there is not a Liberal here, or
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in the United States, that is in favor of the dissemination of
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obscene literature. One of the objections which we have to the book
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said to be written by God is that it is obscene.
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The Liberals of this country believe in purity, and they
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believe that every fact in nature and in science is as pure as a
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star. We do not need to ask for any more than we want. We simply
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want the laws of our country so framed that we are not
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discriminated against. So, taking that view of the vexed question,
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we want to put the boot upon the other foot. We want to put the
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charge of obscenity where it belongs, and the committee, of which
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I have the honor to be one of the members, have endeavored to do
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just that thing. Men have no right to talk to me about obscenity
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who regard the story of Lot and his daughters as a fit thing for
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men, women, and children to read, and who worship a God in whom the
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violation of [Cheers drowned the conclusion of this sentence so the
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reporters could not hear it.] Such a God I hold in infinite
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contempt.
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Now I will read you the resolutions recommended by the
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committee.
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RESOLUTIONS.
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Your committee have the honor to submit the following report:
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First, As to the unfinished business of the League, your
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committee submits the following resolutions --
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Resolved, That we are in favor of such postal laws as will
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allow the free transportation through the mails of the United
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States of all books, pamphlets, and papers, irrespective of the
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religious, irreligious, political, and scientific views they may
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contain, so that the literature of science may be placed upon an
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equality with that of superstition.
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Resolved, That we are utterly opposed to the dissemination,
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through the mails, or by any other means, of obscene literature,
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whether "inspired" or uninspired, and hold in measureless contempt
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its authors and decameters.
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Resolved, That we call upon the Christian world to expunge
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from the so-called "sacred" Bible every passage that cannot be read
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without covering the cheek of modesty with the blush of shame and
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Bank of Wisdom
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Box 926, Louisville, KY 40201
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4
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THE CIRCULATION OF OBSCENE LITERATURE.
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until such passages are expunged, we demand that the laws against
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the dissemination of obscene literature be impartially enforced.
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We believe that lotteries and obscenity should be dealt with
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by State and municipal legislation, and offenders punished in the
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county in which they commit their offence. So in those days we
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argued for the repeal of the Comstock laws, as did dozens of others
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-- James Parton, Elizur Wright, O.B. Frothingham, T.C Leland,
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Courtland Palmer, and many more whose names we do not recall. But
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Colonel Ingersoll did not, and when the National Liberal League met
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the next year at Chicago (September 17, 1880), he was opposed to
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the League's making a pledge to defend every case under the
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Comstock laws, and he was opposed to a resolution demanding a
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repeal of those laws. The following is what Colonel Ingersoll said
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upon the subject:
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Mr. Chairman, I wish to offer the following resolution in
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place and instead of resolutions numbered 5 and 6:
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Resolved, That the committee of defence, whenever a person has
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been indicted for what he claims to have been an honest exercise of
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the freedom of thought and expression, shall investigate the case,
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and if it appears that such person has been guilty of no offence,
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then it shall be the duty of said committee to defend such person
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if he is unable to defend himself.
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Now, allow me one moment to state my reasons. I do not, I have
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not, I never shall, accuse or suspect a solitary member of the
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Liberal League of the United States of being in favor of doing any
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act under heaven that he is not thoroughly convinced is right. We
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all claim freedom of speech, and it is the gem of the human soul.
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We all claim a right to express our honest thoughts. Did it ever
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occur to any Liberal that he wished to express any thought
|
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honestly, truly, and legally that he considered immoral? How does
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it happen that we have any interest in what is known as immoral
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literature? I deny that the League has any interest in that kind of
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literature. Whenever we mention it, whenever we speak of it, we put
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ourselves in a false position. What do we want? We want to see to
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it that the church party shall not smother the literature of
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Liberalism. We want to see to it that the viper of intellectual
|
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slavery shall not sting our cause. We want it so that every honest
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man, so that every honest Woman, can express his or her honest
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thought upon any subject in the world. And the question, and the
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only question, as to whether they are amenable to the law, in my
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mind, is, Were they honest? Was their effort to benefit mankind?
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Was that their intention? And no man, no woman, should be convicted
|
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of any offence that that man or woman did not intend to commit.
|
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Now, then, suppose some person is arrested, and it is claimed that
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a work written by him is unmoral, is illegal. Then, I say, let our
|
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committee of defence examine that case, and if our enemies are
|
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seeking to trample out Freethought under the name of immorality,
|
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and under the cover and shield of our criminal law, then let us
|
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defend that man to the last dollar we have. But we do not wish to
|
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put ourselves in the position of general defenders of all the slush
|
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that may be written in this or any other country. You cannot afford
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to do it. You cannot afford to put into the mouth of theology a
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perpetual and continual slur. You cannot afford to do it. And this
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Bank of Wisdom
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|||
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Box 926, Louisville, KY 40201
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|||
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5
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THE CIRCULATION OF OBSCENE LITERATURE.
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meeting is not the time to go into the question of what authority
|
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the United States may have over the mails. It is a very "Wide
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question. It embraces many others. Has the Government a right to
|
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say what shall go into the mails? Why, in one sense, assuredly.
|
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Certainly they have a right to say you shall not send a horse and
|
|||
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wagon by mail. They have a right to fix some limit; and the only
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thing we want is that the literature of liberty, the literature of
|
|||
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real Freethought, shall not be discriminated against. And we know
|
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now as well as if it had been perfectly and absolutely
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|||
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demonstrated, that the literature of Freethought will be absolutely
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pure. We know it. We call upon the Christian world to expunge
|
|||
|
obscenity from their book, and until that is expunged we demand
|
|||
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that the laws against obscene literature shall be executed. And how
|
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|
can we, in the next resolution, say those laws ought all to be
|
|||
|
repealed? We cannot do that. I have always been in favor of such an
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amendment of the law that by no trick, by no device, by no judicial
|
|||
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discretion, an honest, high, pure-minded man should be subjected to
|
|||
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punishment simply for giving his best and his honest thought. What
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|||
|
more do we need? What more can we ask? I am as much opposed as my
|
|||
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friend Mr. Wakeman can be to the assumption of the church that it
|
|||
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is the guardian of morality. If our morality is to be guarded by
|
|||
|
that sentiment alone, then is the end come. The natural instinct of
|
|||
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self-defence in man-kind and in all organized society is the
|
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|
fortress of the morality in mankind. The church itself was at one
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time the outgrowth of that same feeling, but now the feeling has
|
|||
|
outgrown the church. Now, then, we will have a Committee of
|
|||
|
Defence. That committee will examine every case. Suppose some man
|
|||
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has been indicted, and suppose he is guilty. Suppose he has
|
|||
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endeavored to soil the human mind. Suppose he has been willing to
|
|||
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make money by pandering to the lowest passions in the human breast.
|
|||
|
What will that committee do with him then? We will say, "Go on; let
|
|||
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the law take its course." But if, upon reading his book, we find
|
|||
|
that he is all wrong, horribly wrong, idiotically wrong, but make
|
|||
|
up our minds that he was honest in his error, I will give as much
|
|||
|
as any other living man of my means to defend that man. And I
|
|||
|
believe you will all bear me witness when I say that I have the
|
|||
|
cause of intellectual liberty at heart as much as I am capable of
|
|||
|
having anything at heart. And I know hundreds of others here just
|
|||
|
the same. I understand that. I understand their motive. I believe
|
|||
|
it to be perfectly good, but I truly and honestly think they are
|
|||
|
mistaken.
|
|||
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|
|||
|
If we have an interest in the business, I would fight for it.
|
|||
|
If our cause were assailed by law, then I say fight; and our cause
|
|||
|
is assailed, and I say fight. They will not allow me, in many
|
|||
|
States of this Union, to testify. I say fight until every one of
|
|||
|
those laws is repealed. They discriminate against a man simply
|
|||
|
because he is honest. Repeal such laws. The church, if it had the
|
|||
|
power to-day, would trample out every particle of free literature
|
|||
|
in this land. And when they endeavor to do that, I say fight. But
|
|||
|
there is a distinction wide as the Mississippi -- yes, wider than
|
|||
|
the Atlantic, wider than all the oceans -- between the literature
|
|||
|
of immorality and the literature of Freethought. One is a crawling,
|
|||
|
slimy lizard, and the other an angel with wings of light. Now, let
|
|||
|
us draw this distinction, let us understand ourselves, and do not
|
|||
|
give to the common enemy a word covered with mire, a word stained
|
|||
|
with cloaca, to throw at us. We thought we had settled that
|
|||
|
question a year ago. We buried it then, and I say let it rot.
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
6
|
|||
|
|
|||
|
THE CIRCULATION OF OBSCENE LITERATURE.
|
|||
|
|
|||
|
This question is of great importance. It is the most important
|
|||
|
one we have here. I have fought this question; I am ever going to
|
|||
|
do so, and I will not allow anybody to put a stain upon me. This
|
|||
|
question must be understood if it takes all summer. Here is a case
|
|||
|
in point. Some lady has written a work which, I am informed, is a
|
|||
|
good work, and that has nothing wrong about it. Her opinions may be
|
|||
|
foolish or wise. Let this committee examine that case. If they find
|
|||
|
that she is a good woman, that she had good intentions, no matter
|
|||
|
how terrible the work may be, if her intentions are good, she has
|
|||
|
committed no crime, I want the honest thought. I think I have
|
|||
|
always been in favor of it. But we haven't the time to go into all
|
|||
|
these questions.
|
|||
|
|
|||
|
Then comes the question for this house to decide in a moment
|
|||
|
whether these cases should have been tried in the State or Federal
|
|||
|
court. I want it understood that I have confidence in the Federal
|
|||
|
courts of the nation. There may be some bad judges, there may be
|
|||
|
some idiotic jurors. I think there was in that case [of Mr.
|
|||
|
Bennett]. But the Committee of Defence, if I understand it,
|
|||
|
supplied means, for the defence of that man. They did, but are we
|
|||
|
ready now to decide in a moment what courts shall have
|
|||
|
jurisdiction? Are we ready to say that the Federal courts shall be
|
|||
|
denied jurisdiction in any case arising about the mails? Suppose
|
|||
|
somebody robs the mails? Before whom shall we try the robber? Try
|
|||
|
him before a Federal judge. Why? Because be has violated a Federal
|
|||
|
law. We have not any time for such an investigation as this. What
|
|||
|
we want to do is to defend free speech everywhere. What we want to
|
|||
|
do is to defend the expression of thought in papers, in pamphlets,
|
|||
|
in books. What we want to do is to see to it that these books,
|
|||
|
papers, and pamphlets are on an equality with all other books,
|
|||
|
papers, and pamphlets in the United States mails. And then the next
|
|||
|
step we want to take, if any man is indicted under the pretence
|
|||
|
that he is publishing immoral books, is to have our Committee of
|
|||
|
Defence well examine the case; and if we believe the man to be
|
|||
|
innocent we will help defend him if he is unable to defend himself;
|
|||
|
and if we find that the law is wrong in that particular, we will go
|
|||
|
for the amendment of that law. I beg of you to have some sense in
|
|||
|
this matter. We must have it. If we don't, upon that rock we shall
|
|||
|
split -- upon that rock we shall again divide. Let us not do it.
|
|||
|
The cause of intellectual liberty is the highest to the human mind.
|
|||
|
Let us stand by it, and we can help all these people by this
|
|||
|
resolution. We can do justice everywhere with it, while if we agree
|
|||
|
to the fifth and sixth resolutions that have been offered I say we
|
|||
|
lay ourselves open to the charge, and it will be hurled against us,
|
|||
|
no matter how unjustly, that we are in favor of widespread
|
|||
|
immorality.
|
|||
|
|
|||
|
Mr. Clarke: -- We are not afraid of it.
|
|||
|
|
|||
|
Colonel Ingersoll: You may say we are not afraid. I am not
|
|||
|
afraid. He only is a fool who rushes into unnecessary danger.
|
|||
|
|
|||
|
Mr. Clarke: What are you talking about, anyway?
|
|||
|
|
|||
|
Colonel Ingersoll: I am talking with endeavor to put a little
|
|||
|
sense into such men as you. Your very question shows that it was
|
|||
|
necessary that I should talk. And now I move that my resolution be
|
|||
|
adopted.
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
7
|
|||
|
|
|||
|
THE CIRCULATION OF OBSCENE LITERATURE.
|
|||
|
|
|||
|
Mr. Wakeman moved that it be added to that portion of the
|
|||
|
sixth resolution which recommended the constitution of the
|
|||
|
Committee of Defence.
|
|||
|
|
|||
|
Col. Ingersoll: I cannot agree to the sixth resolution. I
|
|||
|
think nearly every word of it is wrong in principle. I think it
|
|||
|
binds us to a course of action that we shall not be willing to
|
|||
|
follow; and my resolution covers every possible case. My resolution
|
|||
|
binds us to defend every honest man in the exercise of his right.
|
|||
|
I can't be bound to say that the Government hasn't control of its
|
|||
|
morals -- that we cannot trust the Federal courts -- that, under
|
|||
|
any circumstances, at any time, I am bound to defend, either by
|
|||
|
word or money, any man who violates the laws of this country.
|
|||
|
|
|||
|
Mr. Wakeman: We do not say that.
|
|||
|
|
|||
|
Colonel Ingersoll: I beg of you, I beseech you, not to pass
|
|||
|
the sixth resolution. If you do, I wouldn't give that [snapping his
|
|||
|
fingers] for the platform. A part of the Comstock law authorizes
|
|||
|
the vilest possible trick. We are all opposed to that.
|
|||
|
|
|||
|
Mr. Leland: What is the question?
|
|||
|
|
|||
|
Colonel Ingersoll: Don't let us be silly. Don't let us say we
|
|||
|
are opposed to what we are not opposed to. If any man here is
|
|||
|
opposed to putting down the vilest of all possible trash he ought
|
|||
|
to go home. We are opposed to only a part of the law -- opposed to
|
|||
|
it whenever they endeavor to trample Freethought under foot in the
|
|||
|
name of immorality.
|
|||
|
|
|||
|
Afterward, at the same session of the Congress, the following
|
|||
|
colloquy took place between Colonel Ingersoll and T.B. Wakeman
|
|||
|
|
|||
|
Colonel Ingersoll: You know as well as I that there are
|
|||
|
certain books not fit to go through the mails -- books and pictures
|
|||
|
not fit to be delivered.
|
|||
|
|
|||
|
Mr. Wakeman: That is so.
|
|||
|
|
|||
|
Colonel Ingersoll: There is not a man here who is not in
|
|||
|
favor, when these books and pictures come into the control of the
|
|||
|
United States, of burning them up when they are manifestly obscene.
|
|||
|
You don't want any grand jury there.
|
|||
|
|
|||
|
Mr. Wakeman: Yes, we do.
|
|||
|
|
|||
|
Colonel Ingersoll: No, we don't. When they are manifestly
|
|||
|
obscene, burn them up.
|
|||
|
|
|||
|
A delegate: Who is to be judge of that?
|
|||
|
|
|||
|
Colonel Ingersoll: There are books that nobody differs about.
|
|||
|
There are certain things about which we can use discretion. If that
|
|||
|
discretion is abused, a man has his remedy. We stand for the free
|
|||
|
thought of this country. We stand for the progressive spirit of the
|
|||
|
United States. We can't afford to say that all these laws should be
|
|||
|
repealed. If we had time to investigate them we could say in what
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
8
|
|||
|
|
|||
|
THE CIRCULATION OF OBSCENE LITERATURE.
|
|||
|
|
|||
|
they should be amended. Don't tie us to this non-sense -- to the
|
|||
|
idea that we have an interest in immoral literature. Let us
|
|||
|
remember that Mr. Wakeman is sore. He had a case before the Federal
|
|||
|
courts, and he imagines, having lost that case, you cannot depend
|
|||
|
on them. I have lost hundreds of cases. I have as much confidence
|
|||
|
in the Federal courts as in the State courts. I am not to be a
|
|||
|
party to throwing a slur upon the Federal judiciary. All we want is
|
|||
|
fair play. We want the same chance for our doctrines that others
|
|||
|
have for theirs. And how this infernal question of obscenity ever
|
|||
|
got into the Liberal League I could never understand. If an
|
|||
|
innocent man is convicted of larceny, should we repeal all the laws
|
|||
|
on the subject? I don't pretend to be better than other people. It
|
|||
|
is easy to talk right -- so easy to be right that I never care to
|
|||
|
have the luxury of being wrong. I am advocating something that we
|
|||
|
can stand upon. I do not misunderstand Mr. Wakeman's motives. I
|
|||
|
believe they are perfectly good -- that he is thoroughly honest.
|
|||
|
Why not just say we will stand by freedom of thought and its
|
|||
|
expression? Why not say that we are in favor of amending any law
|
|||
|
that is wrong? But do not make the wholesale statement that all
|
|||
|
these laws ought to be repealed. They ought not to be repealed.
|
|||
|
Some of them are good. The law against sending instruments of vice
|
|||
|
in the mails is good, as is the law against sending obscene books
|
|||
|
and pictures, and the law against letting ignorant hyenas prey upon
|
|||
|
sick people, and the law which prevents the getters up of bogus
|
|||
|
lotteries sending their letters through the mail.
|
|||
|
|
|||
|
At the evening session of the Congress, on the same day,
|
|||
|
Mr. Ingersoll made this speech in opposition to the resolution
|
|||
|
demanding the repeal of the Comstock laws:
|
|||
|
|
|||
|
I am not in favor of the repeal of those laws. I have never
|
|||
|
been, and I never expect to be. But I do wish that every law
|
|||
|
providing for the punishment of a criminal offence should
|
|||
|
distinctly define the offence. That is the objection to this law,
|
|||
|
that it does not define the offence, so that an American citizen
|
|||
|
can readily know when he is about to violate it and consequently
|
|||
|
the law ought in all probability to be modified in that regard. I
|
|||
|
am in favor of every law defining with perfect distinctness the
|
|||
|
offence to be punished, but I cannot say by wholesale these laws
|
|||
|
should be repealed. I have the cause of Freethought too much at
|
|||
|
heart. Neither will I consent to the repeal simply because the
|
|||
|
church is in favor of those laws. In so far as the church agrees
|
|||
|
with me, I congratulate the church. In so far as superstition is
|
|||
|
willing to help me, good! I am willing to accept it. I believe,
|
|||
|
also, that this League is upon a secular basis, and there should be
|
|||
|
nothing in our platform that would prevent any Christian from
|
|||
|
acting with us. What is our platform? -- and we ought to leave it
|
|||
|
as it is. It needs no amendment. Our platform is for a secular
|
|||
|
government. Is it improper in a secular government to endeavor to
|
|||
|
prevent the spread of obscene literature? It is the business of a
|
|||
|
secular government to do it, but if that government attempts to
|
|||
|
stamp out Freethought in the name of obscenity, it is then for the
|
|||
|
friends of Freethought to call for a definition of the word, and
|
|||
|
such a definition as will allow Freethought to go everywhere
|
|||
|
through all the mails of the United States. We are also in favor of
|
|||
|
secular schools. Good! We are in favor of doing away with every law
|
|||
|
that discriminate against a man on account of his belief. Good! We
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
9
|
|||
|
|
|||
|
THE CIRCULATION OF OBSCENE LITERATURE.
|
|||
|
|
|||
|
are in favor of universal education. Good! We are in favor of the
|
|||
|
taxation of church property, Good! -- because the experience of the
|
|||
|
world shows that where you allow superstition to own property
|
|||
|
without taxing it, it will absorb the net profits. Is it time now
|
|||
|
that we should throw into the scale, against all these splendid
|
|||
|
purposes, an effort to repeal some postal laws against obscenity?
|
|||
|
As well might we turn the League into an engine to do away with all
|
|||
|
laws against the sale of stale eggs.
|
|||
|
|
|||
|
What have we to do with those things? Is it possible that
|
|||
|
Freethought can be charged with being obscene? Is it possible that,
|
|||
|
if the charge is made, it can be substantiated? Can you not attack
|
|||
|
any superstition in the world in perfectly pure language? Can you
|
|||
|
not attack anything you please in perfectly pure language? And
|
|||
|
where a man intends right, no law should find him guilty; and if
|
|||
|
the law is weak in that respect, let it be modified. But I say to
|
|||
|
you that I cannot go with any body of men who demand the
|
|||
|
unconditional repeal of these laws. I believe in liberty as much as
|
|||
|
any man that breathes. I will do as much, according to my ability,
|
|||
|
as any other man to make this an absolutely free and secular
|
|||
|
government. I will do as much as any other man of any strength and
|
|||
|
of my intellectual power to give every human being every right that
|
|||
|
I claim for myself. But this obscene law business is a stumbling
|
|||
|
block. Had it not been for this, instead of the few people voting
|
|||
|
here -- less than one hundred -- we would have had a Congress
|
|||
|
numbered by thousands. Had it not been for this business, the
|
|||
|
Liberal League of the United States would to-night hold in its hand
|
|||
|
the political destiny of the United States. Instead of that, we
|
|||
|
have thrown away our power upon a question in which we are not
|
|||
|
interested. Instead of that, we have wasted our resources and our
|
|||
|
brain for the repeal of a law that we don't want repealed. If we
|
|||
|
want anything, we simply want a modification. Now, then, don't
|
|||
|
stain this cause by such a course. And don't understand that I am
|
|||
|
pretending, or am insinuating, that anyone here is in favor of
|
|||
|
obscene literature. It is a question, not of principle, but of
|
|||
|
means, and I beg pardon of this Convention if I have done anything
|
|||
|
so horrible as has been described by Mr. Pillsbury. I regret it if
|
|||
|
I have ever endeavored to trample upon the rights of this
|
|||
|
Convention.
|
|||
|
|
|||
|
There is one thing I have not done -- I have not endeavored to
|
|||
|
cast five votes when I didn't have a solitary vote. Let us be fair;
|
|||
|
let us be fair. I have simply given my vote. I wish to trample upon
|
|||
|
the rights of no one; and when Mr. Pillsbury gave those votes he
|
|||
|
supposed he had a right to give them; and if he had a right, the
|
|||
|
votes would have been counted. I attribute nothing wrong to him,
|
|||
|
but I say this: I have the right to make a motion in this Congress,
|
|||
|
I have the right to argue that motion, that I have no more rights
|
|||
|
than any other member, and I claim none. But I want to say to you
|
|||
|
-- and I want you to know and feel it -- that I want to act with
|
|||
|
every Liberal man and woman in this world. I want you to know and
|
|||
|
feel it that I want to do everything I can to get every one of
|
|||
|
these statutes off our books that discriminates against a man be
|
|||
|
cause of his religious belief -- that I am in favor of a secular
|
|||
|
government, and of all these rights. But I cannot, and I will not,
|
|||
|
operate with any organization that asks for the unconditional
|
|||
|
repeal of those laws. I will stand alone, and I have stood alone.
|
|||
|
I can tell my thoughts to my countrymen, and I will do it, and
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
10
|
|||
|
|
|||
|
THE CIRCULATION OF OBSCENE LITERATURE.
|
|||
|
|
|||
|
whatever position you take, whether I am with you or not, you will
|
|||
|
find me battling everywhere for the absolute freedom of the human
|
|||
|
mind. You will find me battling everywhere to make this world
|
|||
|
better and grander; and whatever my personal conduct may be, I
|
|||
|
shall endeavor to keep my theories right. I beg of you, I implore
|
|||
|
you, do not pass the resolution No. 6. It is not for our interest;
|
|||
|
it will do us no good. It will lose us hosts of honest, splendid
|
|||
|
friends. Do not do it; it will be a mistake; and the only reason I
|
|||
|
offered the motion was to give the members time to think this over.
|
|||
|
I am not pretending to know more than other people. I am perfectly
|
|||
|
willing to say that in many things I know less. But upon this
|
|||
|
subject I want you to think. No matter whether you are afraid of
|
|||
|
your sons, your daughters, your wives, or your husbands, that isn't
|
|||
|
it -- I don't want the splendid prospects of this League put in
|
|||
|
jeopardy upon such an issue as this. I have no more to say. But if
|
|||
|
that resolution is passed, all I have to say is that, while I shall
|
|||
|
be for liberty everywhere, I cannot act with this organization, and
|
|||
|
I will not.
|
|||
|
|
|||
|
The resolution was finally adopted, and Colonel Ingersoll
|
|||
|
resigned his office of vice-president in the League, and never
|
|||
|
acted with it again until the League dropped all side issues,
|
|||
|
and came back to first principles -- the enforcement of the
|
|||
|
Nine Demands of Liberalism.
|
|||
|
|
|||
|
In 1892, Writing upon this subject in answer to a
|
|||
|
minister who had repeated these absurd charges, Colonel
|
|||
|
Ingersoll made this offer:
|
|||
|
|
|||
|
I will pay a premium of one thousand dollars a word for each
|
|||
|
and every word I ever said or wrote in favor of sending obscene
|
|||
|
publications through the mails.
|
|||
|
|
|||
|
END
|
|||
|
|
|||
|
**** ****
|
|||
|
|
|||
|
EFFECT OF THE WORLD'S FAIR ON THE HUMAN RACE.
|
|||
|
|
|||
|
THE Great Fair should be for the intellectual, mechanical,
|
|||
|
artistic, political and social advancement of the world. Nations,
|
|||
|
like small communities, are in danger of becoming provincial, and
|
|||
|
must become so, unless they exchange commodities, theories,
|
|||
|
thoughts, and ideals. Isolation is the soil of ignorance, and
|
|||
|
ignorance is the soil of egotism; and nations, like individuals who
|
|||
|
live apart, mistake provincialism for perfection, and hatred of all
|
|||
|
other nations for patriotism. With most people, strangers are not
|
|||
|
only enemies, but inferiors. They imagine that they are progressive
|
|||
|
because they know little of others, and compare their present, not
|
|||
|
with the present of other nations, but with their own past.
|
|||
|
|
|||
|
Few people have imagination enough to sympathize with those of
|
|||
|
a different complexion, with those professing another religion or
|
|||
|
speaking another language, or even wearing garments unlike their
|
|||
|
own. Most people regard every difference between themselves and
|
|||
|
others as an evidence of the inferiority of the others. They have
|
|||
|
not intelligence enough to put themselves in the place of another
|
|||
|
if that other happens to be outwardly unlike themselves.
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
11
|
|||
|
|
|||
|
EFFECT OF THE WORLD'S FAIR ON THE HUMAN RACE.
|
|||
|
|
|||
|
Countless agencies have been at work for many years destroying
|
|||
|
the hedges of thorn that have so long divided nations, and we at
|
|||
|
last are beginning to see that other people do not differ from us,
|
|||
|
except in the same particulars that we differ from them. At last,
|
|||
|
nations are becoming acquainted with each other, and they now know
|
|||
|
that people everywhere are substantially the same. We now know that
|
|||
|
while nations differ outwardly in form and feature, somewhat in
|
|||
|
theory, philosophy and creed, still, inwardly -- that is to say, so
|
|||
|
far as hopes and passions are concerned -- they are much the same,
|
|||
|
having the same fears, experiencing the same joys and sorrows. So
|
|||
|
we are beginning to find that the virtues belong exclusively to no
|
|||
|
race, to no creed, and to no religion; that the humanities dwell in
|
|||
|
the hearts of men, whomever and whatever they may happen to
|
|||
|
worship. We have at last found that every creed is of necessity a
|
|||
|
provincialism, destined to be lost in the universal.
|
|||
|
|
|||
|
At last, Science extends an invitation to all nations, and
|
|||
|
places at their disposal its ships and its cars; and when these
|
|||
|
people meet -- or rather, the representatives of these people --
|
|||
|
they will find that, in spite of the accidents of birth, they are,
|
|||
|
after all, about the same; that their sympathies, their ideas of
|
|||
|
right and wrong, of virtue and vice, of heroism and honor, are
|
|||
|
substantially alike. They will find that in every land honesty is
|
|||
|
honored, truth respected and admired, and that generosity and
|
|||
|
charity touch all hearts.
|
|||
|
|
|||
|
So it is of the greatest importance that the inventions of the
|
|||
|
world should be brought beneath one roof. These inventions, in my
|
|||
|
judgment, are destined to be the liberators of mankind. They
|
|||
|
enslave forces and compel the energies of nature to work for man.
|
|||
|
These forces have no backs to feel the lash, no tears to shed, no
|
|||
|
hearts to break.
|
|||
|
|
|||
|
The history of the world demonstrates that man becomes what we
|
|||
|
call civilized by increasing his wants. As his necessities
|
|||
|
increase, he becomes industrious and energetic. If his heart does
|
|||
|
not keep pace with his brain, he is cruel, and the physically or
|
|||
|
mentally strong enslave the physically or mentally weak. At present
|
|||
|
these inventions, while they have greatly increased the countless
|
|||
|
articles needed by man, have to a certain extent enslaved mankind.
|
|||
|
In a savage state there are few failures. Almost any one succeeds
|
|||
|
in hunting and fishing. The wants are few, and easily supplied. As
|
|||
|
man becomes civilized, wants increase; or rather as wants increase,
|
|||
|
man becomes civilized. Then the struggle for existence becomes
|
|||
|
complex; failures increase.
|
|||
|
|
|||
|
The first result of the invention of machinery has been to
|
|||
|
increase the wealth of the few. The hope of the world is that
|
|||
|
through invention man can finally take such advantage of these
|
|||
|
forces of nature, of the weight of water, of the force of wind, of
|
|||
|
steam, of electricity, that they will do the Work of the world; and
|
|||
|
it is the hope of the really civilized that these inventions will
|
|||
|
finally cease to be the property of the few, to the end that they
|
|||
|
may do the work of all for all.
|
|||
|
|
|||
|
When those who do the work own the machines, when those who
|
|||
|
toil control the invention, then, and not till then, can the world
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
12
|
|||
|
|
|||
|
EFFECT OF THE WORLD'S FAIR ON THE HUMAN RACE.
|
|||
|
|
|||
|
be civilized or free, When these forces shall do the bidding of the
|
|||
|
individual, when they become the property of the mechanic instead
|
|||
|
of the monopoly, when they belong to labor instead of what is
|
|||
|
called capital, when these great powers are as free to the
|
|||
|
individual laborer as the air and light are now free to all, then,
|
|||
|
and not until then, the individual will be restored and all forms
|
|||
|
of slavery will disappear.
|
|||
|
|
|||
|
Another great benefit will come from the Fair. Other nations
|
|||
|
in some directions are more artistic than we, but no other nation
|
|||
|
has made the common as beautiful as we have. We have given beauty
|
|||
|
of form to machines, to common utensils, to the things of every
|
|||
|
day, and have thus laid the foundation for producing the artistic
|
|||
|
in its highest possible forms. It will be of great benefit to us to
|
|||
|
look upon the paintings and marbles of the Old World. To see them
|
|||
|
is an education.
|
|||
|
|
|||
|
The great Republic has lived a greater poem than the brain and
|
|||
|
heart of man have as yet produced, and we have supplied material
|
|||
|
for artists and poets yet unborn; material for form and color and
|
|||
|
song. The Republic is to-day Art's greatest market.
|
|||
|
|
|||
|
Nothing else is so well calculated to make friends of all
|
|||
|
nations as really to become acquainted with the best that each has
|
|||
|
produced.
|
|||
|
|
|||
|
The nation that has produced a great poet, a great artist, a
|
|||
|
great statesman, a great thinker, takes its place on an equality
|
|||
|
with other nations of the world, and transfers to all of its
|
|||
|
citizens some of the genius of its most illustrious men or woman.
|
|||
|
|
|||
|
This great Fair will be an object lesson to other nations.
|
|||
|
They will see the result of a government, republican in form, where
|
|||
|
the people are the source of authority, where governors and
|
|||
|
presidents are servants -- not rulers. We want all nations to see
|
|||
|
the great Republic as it is, to study and understand its growth,
|
|||
|
development and destiny. We want them to know that here, under our
|
|||
|
flag, are sixty-five millions of people and that they are the best
|
|||
|
fed, the best clothed and the best housed in the world. We want
|
|||
|
them to know that we are solving the great social problems and that
|
|||
|
we are going to demonstrate the right and power of man to govern
|
|||
|
himself. We want the subjects of other nations to see a land filled
|
|||
|
with citizens -- not subjects; a land in which the pew is above the
|
|||
|
pulpit; where the people are superior to the state; where
|
|||
|
legislators are representatives and where authority means simply
|
|||
|
the duty to enforce the people's will.
|
|||
|
|
|||
|
Let us hope above all things that this Fair will bind the
|
|||
|
nations together closer and stronger; and let us hope that this
|
|||
|
will result in the settlement of all national difficulties by
|
|||
|
arbitration instead of war. In a savage state, individuals settle
|
|||
|
their own difficulties by an appeal to force. After a time these
|
|||
|
individuals agree that their difficulties shall be settled by
|
|||
|
others. This is the first great step toward civilization. The
|
|||
|
result is the establishment of courts. Nations at present sustain
|
|||
|
to each other the same relation that savage does to savage. Each
|
|||
|
nation is left to decide for itself, and it generally decides
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
13
|
|||
|
|
|||
|
EFFECT OF THE WORLD'S FAIR ON THE HUMAN RACE.
|
|||
|
|
|||
|
according to its strength -- not the strength of its side of the
|
|||
|
case, but the strength of its army. The consequence is that what is
|
|||
|
called "the Law of Nations" is a savage code. The world will never
|
|||
|
be civilized until there is an international court. Savages begin
|
|||
|
to be civilized when they submit their difficulties to their peers.
|
|||
|
Nations will become civilized when they submit their difficulties
|
|||
|
to a great court, the judgments of which can be carried out, all
|
|||
|
nations pledging the cooperation of their armies and their navies
|
|||
|
for that purpose.
|
|||
|
|
|||
|
If the holding of the great Fair shall result in hastening the
|
|||
|
coming of that time it will be a blessing to the whole world.
|
|||
|
|
|||
|
And here let me prophesy: The Fair will be worthy of Chicago,
|
|||
|
the most wonderful city of the world -- of Illinois, the best State
|
|||
|
in the Union -- of the United States, the best country on the
|
|||
|
earth. It will eclipse all predecessors in every department. It
|
|||
|
will represent the progressive spirit of the nineteenth century.
|
|||
|
Beneath its ample roofs will be gathered the treasures of Art, and
|
|||
|
the accomplishments of Science. At the feet of the Republic will be
|
|||
|
laid the triumphs of our race, the best of every land. --
|
|||
|
|
|||
|
The Illustrated World's Fair, Chicago, November, 1891.
|
|||
|
|
|||
|
**** ****
|
|||
|
|
|||
|
A TRIBUTE TO MRS. MARY H. FISKE.
|
|||
|
|
|||
|
At Scottish Rite Hall, New York, February 6, 1889.
|
|||
|
|
|||
|
MY FRIENDS: In the presence of the two great mysteries, Life
|
|||
|
and Death, we are met to say above this still, unconscious house of
|
|||
|
clay, a few words of kindness, of regret, of love, and hope.
|
|||
|
|
|||
|
In this presence, let us speak of the goodness, the charity,
|
|||
|
the generosity and the genius of the dead.
|
|||
|
|
|||
|
Only flowers should be laid upon the tomb. In life's last
|
|||
|
pillow there should be no thorns.
|
|||
|
|
|||
|
Mary Fiske was like herself -- she patterned after none. She
|
|||
|
was a genius, and put her soul in all she did and wrote. She cared
|
|||
|
nothing for roads, nothing for beaten paths, nothing for the
|
|||
|
footsteps of others -- she went across the fields and through the
|
|||
|
woods and by the winding streams, and down the vales, or over
|
|||
|
crags, wherever fancy led. She wrote lines that leaped with
|
|||
|
laughter and words that were wet with tears. She gave us quaint
|
|||
|
thoughts, and sayings filled with the "pert and nimble spirit of
|
|||
|
mirth." Her pages were flecked with sunshine and shadow, and in
|
|||
|
every word were the pulse and breath of life.
|
|||
|
|
|||
|
Her heart went out to all the wretched in this weary world --
|
|||
|
and yet she seemed as joyous as though grief and death were nought
|
|||
|
but words. She wept where others wept, but in her own misfortunes
|
|||
|
found the food of hope. She cared for the to-morrow of others, but
|
|||
|
not for her own. She lived for to-day.
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
14
|
|||
|
|
|||
|
A TRIBUTE TO MRS. MARY H. FISKE.
|
|||
|
|
|||
|
Some hearts are like a waveless pool, satisfied to hold the
|
|||
|
image of a wondrous star -- but hers was full of motion, life and
|
|||
|
light and storm.
|
|||
|
|
|||
|
She longed for freedom. Every limitation was a prison's wall.
|
|||
|
Rules were shackles, and forms were made for serfs and slaves.
|
|||
|
|
|||
|
She gave her utmost thought. She praised all generous deeds;
|
|||
|
applauded the struggling and even those who failed.
|
|||
|
|
|||
|
She pitied the poor, the forsaken, the friendless. No one
|
|||
|
could fall below her pity, no one could wander beyond the
|
|||
|
circumference of her sympathy. To her there were no outcasts --
|
|||
|
they were victims. She knew that the inhabitants of palaces and
|
|||
|
penitentiaries might change places without adding to the injustice
|
|||
|
of the world. She knew that circumstances and conditions determine
|
|||
|
character -- that the lowest and the worst of our race were
|
|||
|
children once, as pure as light, whose cheeks dimpled with smiles
|
|||
|
beneath the heaven of a mother's eyes. She thought of the road they
|
|||
|
had traveled, of the thorns that had pierced their feet, of the
|
|||
|
deserts they had crossed, and so, instead of words of scorn she
|
|||
|
gave the eager hand of help.
|
|||
|
|
|||
|
No one appealed to her in vain. She listened to the story of
|
|||
|
the poor, and all she had she gave. A god could do no more.
|
|||
|
|
|||
|
The destitute and suffering turned naturally to her. The
|
|||
|
maimed and hurt sought for her open door, and the helpless put
|
|||
|
their hands in hers.
|
|||
|
|
|||
|
She shielded the weak -- she attacked the strong.
|
|||
|
|
|||
|
Her heart was open as the gates of day. She shed kindness as
|
|||
|
the sun sheds light. If all her deeds were flowers, the air would
|
|||
|
be faint with perfume. If all her charities could change to
|
|||
|
melodies, a symphony would fill the sky.
|
|||
|
|
|||
|
Mary Fiske had within her brain the divine fire called genius,
|
|||
|
and in her heart the "touch of nature that makes the whole world
|
|||
|
kin."
|
|||
|
|
|||
|
She wrote as a stream runs, that winds and babbles through the
|
|||
|
shadowy fields, that falls in foam of flight and haste and laughing
|
|||
|
joins the sea.
|
|||
|
|
|||
|
A little while ago a babe was found -- one that had been
|
|||
|
abandoned by its mother -- left as a legacy to chance or fate. The
|
|||
|
warm heart of Mary Fiske, now cold in death, was touched. She took
|
|||
|
the waif and held it lovingly to her breast and made the child her
|
|||
|
own.
|
|||
|
|
|||
|
We pray thee, Mother Nature, that thou wilt take this woman
|
|||
|
and hold her as tenderly in thy arms, as she held and pressed
|
|||
|
against her generous, throbbing heart, that abandoned babe.
|
|||
|
|
|||
|
We ask no more.
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
15
|
|||
|
|
|||
|
A TRIBUTE TO MRS. MARY H. FISKE.
|
|||
|
|
|||
|
In this presence, let us remember our faults, our frailties,
|
|||
|
and the generous, helpful, self-denying, loving deeds of Mary
|
|||
|
Fiske.
|
|||
|
|
|||
|
END
|
|||
|
|
|||
|
**** ****
|
|||
|
|
|||
|
THE LAW'S DELAY.
|
|||
|
|
|||
|
THE object of a trial is not to convict -- neither is it to
|
|||
|
acquit. The object is to ascertain the truth by legal testimony and
|
|||
|
in accordance with law.
|
|||
|
|
|||
|
In this country we give the accused the benefit of all
|
|||
|
reasonable doubts. We insist that his guilt shall be really
|
|||
|
established by competent testimony.
|
|||
|
|
|||
|
We also allow the accused to take exceptions to the rulings of
|
|||
|
the judge before whom he is tried, and to the verdict of the jury,
|
|||
|
and to have these exceptions passed upon by a higher court.
|
|||
|
|
|||
|
We also insist that he shall be tried by an impartial jury,
|
|||
|
and that before he can be found guilty all the jurors must unite in
|
|||
|
the verdict.
|
|||
|
|
|||
|
Some people, not on trial for any crime, object to our
|
|||
|
methods. They say that time is wasted in getting an impartial jury;
|
|||
|
that more time is wasted because appeals are allowed, and that by
|
|||
|
reason of insisting on a strict compliance with law in all
|
|||
|
respects, trials sometimes linger for years, and that in many
|
|||
|
instances the guilty escape.
|
|||
|
|
|||
|
No one, so far as I know, asks that men shall be tried by
|
|||
|
partial and prejudiced jurors, or that judges shall be allowed to
|
|||
|
disregard the law for the sake of securing convictions, or that
|
|||
|
verdicts shall be allowed to stand unsupported by sufficient legal
|
|||
|
evidence. Yet they talk as if they asked for these very things. We
|
|||
|
must remember that revenge is always in haste, and that justice can
|
|||
|
always afford to wait until the evidence is actually heard.
|
|||
|
|
|||
|
There should be no delay except that which is caused by taking
|
|||
|
the time to find the truth. Without such delay courts become mobs,
|
|||
|
before which, trials in a legal sense are impossible. It might be
|
|||
|
better, in a city like New York, to have the grand jury in almost
|
|||
|
perpetual session, so that a man charged with crime could be
|
|||
|
immediately indicted and immediately tried. So, the highest court
|
|||
|
to which appeals are taken should be in almost constant session, in
|
|||
|
order that all appeals might be quickly decided.
|
|||
|
|
|||
|
But we do not wish to take away the right of appeal. That
|
|||
|
right tends to civilize the trial judge, reduces to a minimum his
|
|||
|
arbitrary power, puts his hatreds and passions in the keeping and
|
|||
|
control of his intelligence. That right of appeal has an excellent
|
|||
|
effect on the jury, because they know that their verdict may not be
|
|||
|
the last word. The appeal, where the accused is guilty, does not
|
|||
|
take the sword from the State, but it is a shield for the innocent.
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
16
|
|||
|
|
|||
|
THE LAW'S DELAY.
|
|||
|
|
|||
|
In England there is no appeal. The trials are shorter, the
|
|||
|
judges more arbitrary, the juries subservient, and the verdict
|
|||
|
often depends on the prejudice of the judge. The judge knows that
|
|||
|
he has the last guess -- that he cannot be reviewed -- and in the
|
|||
|
passion often engendered by the conflict of trial he acts much like
|
|||
|
a wild beast.
|
|||
|
|
|||
|
The case of Mrs. Maybrick is exactly in point, and shows how
|
|||
|
dangerous it is to clothe the trial judge with supreme power.
|
|||
|
|
|||
|
Without doubt there is in this country too much delay, and
|
|||
|
this, it seems to me, can be avoided without putting the life or
|
|||
|
liberty of innocent persons in peril. Take only such time as may be
|
|||
|
necessary to give the accused a fair trial, before an impartial
|
|||
|
jury, under and in accordance with the established forms of law,
|
|||
|
and to allow an appeal to the highest court.
|
|||
|
|
|||
|
The State in which a criminal cannot have an impartial trial
|
|||
|
is not civilized. People who demand the conviction of the accused
|
|||
|
without regard to the forms of law are savages.
|
|||
|
|
|||
|
But there is another side to this question. Many people are
|
|||
|
losing confidence in the idea that punishment reforms the convict,
|
|||
|
or that capital punishment materially decreases capital crimes.
|
|||
|
|
|||
|
My own opinion is that ordinary criminals should, if possible,
|
|||
|
be reformed, and that murderers and desperate wretches should be
|
|||
|
imprisoned for life. I am inclined to believe that our prisons make
|
|||
|
more criminals than they reform; that places like the Reformatory
|
|||
|
at Elmira plant and cultivate the seeds of crime.
|
|||
|
|
|||
|
The State should never seek revenge; neither should it put in
|
|||
|
peril the life or liberty of the accused for the sake of a hasty
|
|||
|
trial, or by the denial of appeal.
|
|||
|
|
|||
|
In my judgment, defective as our criminal courts and methods
|
|||
|
are, they are far better than the English.
|
|||
|
|
|||
|
Our judges are kinder, more humane; our juries nearer
|
|||
|
independent, and our methods better calculated to ascertain the
|
|||
|
truth.
|
|||
|
|
|||
|
**** ****
|
|||
|
|
|||
|
Reproducible Electronic Publishing can defeat censorship.
|
|||
|
|
|||
|
The Bank of Wisdom is a collection of the most thoughtful,
|
|||
|
scholarly and factual books. These computer books are reprints of
|
|||
|
suppressed books and will cover American and world history; the
|
|||
|
Biographies and writings of famous persons, and especially of our
|
|||
|
nations Founding Fathers. They will include philosophy and
|
|||
|
religion. all these subjects, and more, will be made available to
|
|||
|
the public in electronic form, easily copied and distributed, so
|
|||
|
that America can again become what its Founders intended --
|
|||
|
|
|||
|
The Free Market-Place of Ideas.
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Bank of Wisdom
|
|||
|
Box 926, Louisville, KY 40201
|
|||
|
17
|
|||
|
|