The American Republic

The People v. Ruggles, James Kent, 1811, p. 363

People v. Ruggles 363 The People v. Ruggles james kent 1811 At the time of America’s break with Great Britain, most law on both sides of the Atlantic was not written in statute books. Instead , judges applied the common law in judging disputes and criminal cases brought before them. Common law was the tradition established by custom, interpreted by judges, and passed on through precedents or preceding judicial decisions. When the American states established their own constitutions and governments , they also adopted the common law for themselves. Thus, the United States explicitly adopted the traditions of British law and custom as bases for their own decisions regarding crimes and civil disputes. This did not mean that Americans sought to remain forever British in their law and custom. Through their statutes and constitutions, for example, they did away with the test oaths, fines, and other disabilities imposed on religious minorities by the establishment of the Church of England. But it did mean that statutes and constitutions would be read against a particular background of custom and tradition. In The People v. Ruggles, Justice James Kent of New York’s highest court considered the case of a man convicted of blasphemy . The defendant had claimed that New York’s constitution established toleration for all kinds of religion and worship, except those promoting immoral behavior. This meant, he claimed, that Christianity was not part of New York’s common law. Because Ruggles had not attacked religion in general (which all admitted would be a crime) and because his remarks—questioning the divinity of Christ—would not undermine morals or the ability of oaths to cause people to tell the truth, he could not be convicted of any crime. James Kent flatly disagreed with this argument, upholding the traditional view that Christianity was a crucial part of the common law. The People v. Ruggles (8 Johns 225) Kent, Ch. J.: The offense charged is, that the defendant below did “wickedly, maliciously and blasphemously utter, in the presence and hearing of divers good and Christian people, these false, feigned, scandalous, malicious, wicked and blasphemous words, to wit, ‘Jesus Christ was a bastard and his mother must be a whore’”; and the single question is, whether this be a public offense by the law of the land. After conviction we must intend that these words were uttered in a wanton manner, and, as they evidently import, with a wicked and malicious disposition, and not in a serious discussion upon any controverted point in religion. The language was blasphemous, not only in a popular, but in a legal sense; for blasphemy, according to the most precise definitions, consists in maliciously reviling God, or religion, and this was reviling Christianity through its author . (Emlyn’s Preface to the State Trials, p. 8; see, also, Whitlock’s Speech, State Trials, Vol. II. 273.) The jury have passed upon the intent or quo animo, and if those words spoken, in any case, will amount to a misdemeanor, the indictment is good. Such words uttered with such a disposition, were an offense at common law. In Taylor’s case (1 Vent., 293; 3 Keb., 607; Tremaine’s Pleas of the Crown, 226, S. C.) the defendant was convicted upon information of speaking similar words, and the Court of K. B. said that Christianity was parcel of the law, and to cast contumelious reproaches upon it, tended to weaken the foundation of moral obligation, and the efficacy of oaths. And in the case of Rex v. Woolston (Str., 834; Fitzg., 64), on a like conviction, the court said they would not suffer it to be debated whether defaming Christianity in general was not an offense at common law, for that whatever strikes at the root of Christianity tends manifestly to the dissolution of civil government. But the court were careful to say that they did not intend to include disputes between learned men upon particular controverted points. The same doctrine was laid down in the late case of The King v. Williams, for the publication of Paine’s “Age of Reason,” which was tried before Lord Kenyon in July, 1797. The authorities show that blasphemy against God, and contumelious reproaches and profane 364 bill of rights ridicule of Christ or the Holy Scriptures (which are equally treated as blasphemy), are offenses punishable at common law, whether uttered by words or writings. (Taylor’s case, 1 Vent., 293; 4 Bl. Com., 59; 1 Hawk., bk. 1, ch. 5; 1 East...