第75章

for there are two laws to be observed- one forbidding us to kill, and another forbidding us to harm society.Reginald has not, perhaps, broken the law which forbids us to do harm to society; but he has most certainly violated that which forbids us to kill.Now this is the only point with which we have to do.I might have shown, besides, that your other writers, who have permitted these murders in practice, have subverted the one law as well as the other.But, to proceed, we have seen that you sometimes forbid doing harm to the State; and you allege that your design in that is to fulfil the law of God, which obliges us to consult the interests of society.That may be true, though it is far from being certain, as you might do the same thing purely from fear of the civil magistrate.With your permission, then, we shall scrutinize the real secret of this movement.Is it not certain, fathers, that if you had really any regard to God, and if the observance of his law had been the prime and principal object in your thoughts, this respect would have invariably predominated in all your leading decisions and would have engaged you at all times on the side of religion? But, if it turns out, on the contrary, that you violate, in innumerable instances, the most sacred commands that God has laid upon men, and that, as in the instances before us, you annihilate the law of God, which forbids these actions as criminal in themselves, and that you only scruple to approve of them in practice, from bodily fear of the civil magistrate, do you not afford us ground to conclude that you have no respect to God in your apprehensions, and that if you yield an apparent obedience to his law, in so far as regards the obligation to do no harm to the State, this is not done out of any regard to the law itself, but to compass your own ends, as has ever been the way with politicians of no religion? What, fathers! will you tell us that, looking simply to the law of God, which says, "Thou shalt not kill,"we have a right to kill for slanders? And after having thus trampled on the eternal law of God, do you imagine that you atone for the scandal you have caused, and can persuade us of your reverence for Him, by adding that you prohibit the practice for State reasons and from dread of the civil arm? Is not this, on the contrary, to raise a fresh scandal? I mean not by the respect which you testify for the magistrate; that is not my charge against you, and it is ridiculous in you to banter, as you have done, on this matter.I blame you, not for fearing the magistrate, but for fearing none but the magistrate.And I blame you for this, because it is making God less the enemy of vice than man.Had you said that to kill for slander was allowable according to men, but not according to God, that might have been something more endurable; but when you maintain that what is too criminal to be tolerated among men may yet be innocent and right in the eyes of that Being who is righteousness itself, what is this but to declare before the whole world, by a subversion of principle as shocking in itself as it is alien to the spirit of the saints, that while you can be braggarts before God, you are cowards before men? Had you really been anxious to condemn these homicides, you would have allowed the commandment of God which forbids them to remain intact; and had you dared at once to permit them, you would have permitted them openly, in spite of the laws of God and men.But, your object being to permit them imperceptibly, and to cheat the magistrate, who watches over the public safety, you have gone craftily to work.You separate your maxims into two portions.On the one side, you hold out "that it is lawful in speculation to kill a man for slander";and nobody thinks of hindering you from taking a speculative view of matters.

On the other side, you come out with this detached axiom, "that what is permitted in speculation is also permissible in practice"; and what concern does society seem to have in this general and metaphysical-looking proposition?

And thus these two principles, so little suspected, being embraced in their separate form, the vigilance of the magistrate is eluded; while it is only necessary to combine the two together to draw from them the conclusion which you aim at- namely, that it is lawful in practice to put a man to death for a simple slander.It is, indeed, fathers, one of the most subtle tricks of your policy to scatter through your publications the maxims which you club together in your decisions.It is partly in this way that you establish your doctrine of probabilities, which I have frequently had occasion to explain.That general principle once established, you advance propositions harmless enough when viewed apart, but which, when taken in connection with that pernicious dogma, become positively horrible.An example of this, which demands an answer, may be found in the 11th page of your Impostures, where you allege that "several famous theologians have decided that it is lawful to kill a man for a box on the ear." Now, it is certain that, if that had been said by a person who did not hold probabilism, there would be nothing to find fault with in it; it would in this case amount to no more than a harmless statement, and nothing could be elicited from it.