If the Bible is true, then the statement of the defendant is true. Is it calculated to bring God into contempt to deny that he upheld polygamy, that he ever commanded one of his generals to rip open with the sword of war, the woman with child? Is it blasphemy to deny that a God of infinite love gave such commandments? Is such a denial calculated to pour contempt and scorn upon the God of the orthodox?
Is it blasphemous to deny that God commanded his children to murder each other? Is it blasphemous to say that he was benevolent, merciful and just?
It is impossible to say that the Bible is true and that God is good. I do not believe that a God made this world, filled it with people and then drowned them. I do not believe that infinite wisdom ever made a mistake. If there be any God he was too good to commit such an infinite crime, too wise, to make such a mistake. Is this blasphemy? Is it blasphemy to say that Solomon was not a virtuous man, or that David was an adulterer?
Must we say when this ancient King had one of his best generals placed in the front of the battle—deserted him and had him murdered for the purpose of stealing his wife, that he was "a man after God's own heart"? Suppose the defendant in this case were guilty of something like that? Uriah was fighting for his country, fighting the battles of David, the King. David wanted to take from him his wife. He sent for Joab, his commander-in-chief, and said to him:
"Make a feint to attack a town. Put Uriah at the front of the attacking force, and when the people sally forth from the town to defend its gate, fall back so that this gallant, noble, patriotic man may be slain."
This was done and the widow was stolen by the King. Is it blasphemy to tell the truth and to say exactly what David was? Let us be honest with each other; let us be honest with this defendant.
For thousands of years men have taught that the ancient patriarchs were sacred, that they were far better than the men of modern times, that what was in them a virtue, is in us a crime. Children are taught in Sunday schools to admire and respect these criminals of the ancient days. The time has come to tell the truth about these men, to call things by their proper names, and above all, to stand by the right, by the truth, by mercy and by justice. If what the defendant has said is blasphemy under this statute then the question arises, is the statute in accordance with the constitution? If this statute is constitutional, why has it been allowed to sleep for all these years? I take this position: Any law made for the preservation of a human right, made to guard a human being, cannot sleep long enough to die; but any law that deprives a human being of a natural right—if that law goes to sleep, it never wakes, it sleeps the sleep of death.
I call the attention of the Court to that remarkable case in England where, only a few years ago, a man appealed to trial by battle. The law allowing trial by battle had been asleep in the statute book of England for more than two hundred years, and yet the court held that, in spite of the fact that the law had been asleep—it being a law in favor of a defendant—he was entitled to trial by battle. And why? Because it was a statute at the time made in defence of a human right, and that statute could not sleep long enough or soundly enough to die. In consequence of this decision, the Parliament of England passed a special act, doing away forever with the trial by battle.
When a statute attacks an individual right, the State must never let it sleep. When it attacks the right of the public at large and is allowed to pass into a state of slumber, it cannot be raised for the purpose of punishing an individual.
Now, gentlemen, a few words more. I take an almost infinite interest in this trial, and before you decide, I am exceedingly anxious that you should understand with clearness the thoughts I have expressed upon this subject I want you to know how the civilized feel, and the position now taken by the leaders of the world.