Star. — London, England, 1819-10-15 00:00:00

Court of Law, in a country of which the Vostallished liaigiorl forms part of 3 the Constitution. If one man is to bol• called in question for reviling and holding op to etostempt another, is he justified in attacking a. 13 reviling rdligien? and can he who is not allowed to scoff at an individual be permitted to revile the must sound institution, which is the foundation of all clic 'laws that bind society together? We may be told that the law countenances Dissenters from the Established Church, and gives toleration in its most cAtmsive sense. It has pleased &ion to permit the Christian World to be divided into different sects, for reasons which it is not given to man to comprehend. • rut there are obvious advantages Oiising from this D:vine regulation: the Scriptures are prevented from being interpolated, and a vigour is excited in the es::rcise of charity which is greater than faith and lime. It would be absurd to doubt that the GOD of Mulct has so ordained for the good of his creatures. We ere told that the law enables all men to worship the SUPREME BEING in whatever manner they please. true; but the same law that gives us toleration, kas forbidden us to revile. The Act of William and I ary, to which allusion has been frequently made, bears a construction very different from that which Cc.: Defendant gives it. A few years ago toleration was extended to those who did not believe in the Trinity ; bet the Act guarded against the idea of to lerating that with which the Defendant is charged.— Ir. the Act of William and Mary, which exists now in full force, there is a passage, stating, that he who denies that the Old and New Testaments are of Di vine authority, shall be subject to certain pains and penalties. The defendant declares that the whole Act has been repealed ; whereas it is evident, beyond c:cubt„ that but one line upon the subject of the Tri nity has been withdrawn. The new Att then tacitly tc-enacts all the zest of the former Statute, for it sl:cw•s that the latter had undergone thorough consi deration, and the plain meaning of the former is clually the design of those who solicited and those who granted the indulgence. The Defendant till say that this is a question of intention. It is indeed. The intention of the libel is to bring the Holy Scrip tures into contempt and disbelief. Dpes he not effect this by reviling and scoffing at Christianity, in lan guage which it pained me to read ? From all I know of the Defendant, I am convinced he will avow this to be his intention. But he will say it is all owing to a difference of opinion, and that we are not justified in bringing the offence into Court. A man charged with rubbing another, ani put upon his trial at the Old Bailey, may say, , By what law am I brought here?' Upon being told, by common law— , No,' he may say, there is no law to justify this : it is unjust to put me hire : lam at liberty to do as I please, and he who attempts to prevent me places an unwarrantable re striction upon me. I may pick a man's pocket : you think I am wrong, but that is only a difference of •(Here there was a laugh in Court.) A man r:ry argue in this manner upon murder, and the in d algence of odious passions ; and this is the reasoning of the Defendant. Good GOD and is a man to call hiMself prosecuted who is called in question for such a crime as this which I have been describing ? " The defendant, upon his first trial, read to the Jury a passage from the eminent bishop Watson, to t'ie following effect Goa forbid, that a search after truth should be discouraged from a f ea t o f t h e consequences.'l read the same passage with great , pleasure, and I repeat it from my soul; but is this pamphlet a calm and dispassionate search after truth, or is it a base and abominable offence against the Re ligion of Omar ? And this is all to be vindicated u c on the ground of the Liberty of the Press. I shall yield to none in my approbation of, and respect for, a free Press. lam not to be deterred from declaring these to be my sentiments, by the apprehension, that' they will be called the cant of one who is the enemy to that liberty. Irreligion and sedition have, in deed, a cant, and pretend to support what they are calculated and intended to destroy. Does the defen dant think, that the Press sanctifies what is polluted ? that, however contaminated the source from which the streams flow, they become pure by passing through a printing machine ? No, Gentlemen of the Jury, you are the guardians of that liberty ; and, if I have invaded it, you will stand up as its protectors. I call upon you to protect the Press against the attempts of those who render it odious by abuse, by reviling Religion, until every good man begins to think that the benefits issuing from the Liberty of the Press would be more than counterbalanced by the vice and immorality with which the nation is deluged. " Lou are assembled here upon your oaths on the Holy Gospel, and what will he say ? That the Gos pel oa which you rely and call upon GOD to help you as you perform or neglect your duty, is false. I s':.111 be told, that §y reminding you of your oath, I aln exciting an unfair prejudice. This is the natural lal:guage of those who would wish to overturn the oSligation of all oaths,' by attacking that upon which oaths are founded. Ile has already accused those url'io study the laws of their country, and appear in their professional capacity, of being unqualified to comprehend the march of the human mind, and to form an estimate upon subjects of a general description. —ls this a fair opinion of the characters and attain ments of men who had intercourse with the most en- Tightened, and were engaged in a daily collision of ioe;llect? Are they to be told that their habits lam. ' ~y pAcitatc them from compiencoding sucn a subject as this ? Are they to be attacked by this man, whose learning and capacious mind give him such a mighty advantage over the profession of the Bar ? But we are content to be reviled by those who atteck all the principles of Religion, and the most sacred Institu- - tions. In the indiscriminate censure of all that is estimable in Society we do not wish to escape. You will hear what he has to say, and consider it as moral and religious men. You will contribute by your ver dict of condemnation to stem the torrent of profane ness and irreligion, which some melt rejoice in contem plating as the destruction of all laws and ordinances." This speech made a very evident impression upon the hearers. Tomas Dare proved that, on the 19th of March, he had purchased the publication, op which the pro secution is founded, at the shop of Mr. Carlile, where it was openly to sell. The Cutts JUSTICE...-" Of whom did you pur. chase it ?" Witness—" Of the defendant himself." The CHIEF Jusycz—" Was it in the window?" Witness—" No." Mr. CARLILE—" I believe it was; was there any hesitation in giving it to you ?" Witness—" Not the slightest." Mr. CARLILE—YOU are right—there was none." The CHIEF Justica then desired that the Indict ment might be read. Mr. CARLILE—" Let that be done which will save time.". When the Indictment had been read, Mr. CAR. , ',ILE stated, that it had not been done correctly, and wished a passage to be read again, or that he might be allowed to see it. CHIEF JUSTICE--" It may be read again, but it is irregular for you to see it." The passages to which the defendant alluded being• read, Mr. CARLILE thus commenced his defence : Gentlemen of the Jury—This is the fourth day in which 1 have stood in this• Court to defend myself against a charge of blasphemy. I have contended, and do still contend, that no Court in this Country is authorized to take cognizance of such a charge. I hope, Gentlemen, that you will discard from your minas the verdict of yesterday ; and that in this Court there is still law for a Deist. • On the first day of next Term I shall appeal against the ver dict which has been given against me, as con taminated and irregular. The Learned Gentleman has stated, that this was a prosecution instituted by the Society for the Suppression of Vice. Until last night, Gentlemen, I never knew who my prosecutors were, nor do I believe I should then have bacoMe ac quainted with their names, but for the verdict of yes terday. He has told you, that the Gentlemen of this Society have conferred many benefits on the country; and, in some instances, I admit it ; but they have carried their inquisitorial conduct too far. In pre venting the sale of obscene books and prints, I think the Society has acted laudably, as these are &mambo. ing to all persons of all ages and of both sexes. But are they justified in going so far as to become Censors of the Press, and to judge of books on matters of opinion? Gentlemen, I am no hypocrite ; I avow myself a Deist, believing in one Gon, independent of books, or the opinions of others. This, it must be admitted, is, in the abstract, a *latter of opinion only. If; Gen tlemen, your religious opinions are different from ' , mine, you will doubtless disapprove and condemn them. By the laws of this country, a fbreigner is entitled to have one half of the Jury his countrymen, or at least of foreigners ; but it is not so with me, I am to be tried by a Jury of opinions opposite to my own, and lam not allowed to justify mine. How far it is necessary that books should be shielded from, examination by law, or chat Courts of .Justice should take cognizance of such an examination, and not allow the defendant to state his reasons, I will not pretend to determine. The Learned Gentleman has attempted to screen the Attorney. General from the charge I made against him of wishing to excite prejudices against me—but he hue failed. He has also stated, that the book I am charged with publishing, was purchased at the office of the Repolibeau end Deist. Now ) Gentlemen, this is a falsehood, as my shop bore no such designation until long after this indictment was laid against me. He calls me an offender ; this at least was not decent, in your presence; for although the indictment charges me with an offence, yet I ought not to be branded as an *fender until . I have entered into that defence of my cauduct, which I am this day determined to do; and no ocher Judge but yourselves, Gentlemen, shall interrupt me; and if I am told by you, that I shall not make such defence, then will the verdict you may give against me be irregular and impure. But the Learned Gentleman has gone further, and corn 4sared the publication of a book to equal in offence that of murder, theft, or pocket-picking. Is there the sligh analogy? A book is submitted to the public, purchased by them or not, at their op tion ;an they read it, they may approve or dis card it. They are not deprived of any thing by the act, except the pricp of the book, and this was, on their part ) voluntary. In speaking of this book, the Learned Gentleman has alluded to Moses and Ma. hornet; he has told you that Moses was the greatest man that ever graced the earth, and Mabomet the greatest impostor. Now, Gentlemen, Moses formed a law for the people under kW, which he told - N ~ 4 •:tom e#: • g, 4; OD had revealed unto him—aud Mahomet taught his followers that those rules for their religious and moral duties which he had foamed, were moiled to him from Heaven. " I shall, Gentlemen, in my domes, estansiue these' , two characters. The Learned Gentleman*: quoted souse manitscript notes, Written by Sir Win. Jones, in a Bible, in its favour ; but this great man did not there say any thing of its Divine origin. I contend that many parts of the Bible aft contrary to morality and to each other: it proceeded from the pens 41 many individuals, and whether they were all inspired or not is matter of opinion. He tells you that he might have appealed to the Bible itself, to prove its Divine character; but he has not done it; but I hope, Gen tlemen, to be able to convince you that it has no such character. " The Learned Gentleman says he could antici pate my defence--that I should dwell on the divi sions of the Christian Church; and he says these di visions are by the Providence of GOD. If so, may not the divisions of the Malromedan Religion be at tributed to the same cause? Two Mahomedans will meet as brothers; but if one commence his absolu tions at his fingers ends, and the other at his elbow, their enmity to each other becomes rooted and int concileable. " Gentlemen, I hold in my hand a Statute, en titled, An Act to relieve persons who impugn the doctrines of the Holy Trinity.' On this Act I will appeal, from the dictum of any Judge, to Public opi nion. The Christian Religion, Gentlemen, is founded on the doctrines of the Trinity; take this away, and it falls to the ground. You may follow the moral precepts of Christianity as you would those of Con fucius; but take away the Trinity, and you destroy the divinity of the Christian Religion.' Had I been a Christian, I would have entered my most solemn protest against the passing of this unchristian Act. Belt while this Act remains in force, I cannot be con. vinced—no, not by repeated verdicts, that I have offended the law of the land. I will appeal against the iterdict of yesterday, and against my being pre.. vented to justify my opinions in my d e f ence ; t h e moment I was prevented from doing this, my trial became a mockery. If I am thus prevented from entering on my justification here, it is no longer a Court of Justice, but a dictatorial Inquisition. The Learned Gemleman tells you I wish to revile Reli gion —I deny it, unless to easunine is to revile : but the passing of this Act has reviled Christianity, by impugning the Trinity. . This Statute is my shield, and while it exists, I will continue to publish without thinking I commit any offence. You have been told that I should state picking a pocket, to be a matter of opinion, but no thing in my defence has been 60 absurd. It is said that Christianity is the law of the land; but if so, it does not act justly when it tolerates those who propa gate the very opOions I are tried for pnblishing. a The leased Gentleman bat appealed to your oath, and declared, that jou could not give a verdict in fny favour, but hs defiance of that oath. If so, Olen i your character, as Jurors, destroyed ; but un less it can be proved that I published this work with the view of . demoralizing the public mind, yen can , net charge me with a nuncio' us intention. . 0 He has pretended an attechmeat to the freedom of the press, which his indictment gives the lie to, Pub lishing books on mere matters of opinion cannot be an offence. Gentlemen, it is with great .pleasure I stand here to defend this publication, because I agree with the greatest part of the opinions of its author. One passage towards the close, which savours of Atheism, I disclaim—and this passage was not the opinion of Mr. Palmer, who believed in one GOD. This work was written in. North America, twenty years ago : three editions have been circulated there, and will it be emended that the p eo pl e o f Amer i ca are less religious, or less devoted to Christianity, than thepeople of this country ? This work was written by a Scottish Clergyman, who was expelled from Dundee for his opinions. It was written under a loss of sight, and on that account, is entitled to some indulgence as a literary composi tion. It is entitled, • Principles of Nature,' " CHere Mr. CAILILIC commenced reading the work, which consists of 206 pages octavo.] The Jury were much earliir disgusted with Mr. Csames reading the blasphemous work than was anticipated. At a quarter before two o'clock, the Foreman of the Jury rose, and said—" My Lord, the Gentlemen of the Jury are unanimously of opinion that Mr. CadiWs pursuing a very improper line of defence.* caniejtirripc.—ei You bear that, defendant?" Mr. eafaxas entered" into an indecorous alterci don with the Court for avne time, which ended in Na abandoning any further defence. Mr. GUIMEY declined making any reply. The CHIEF J.U6TIOE thee proceeded to sum up the stridence, in which he was only occupied, abpvt five minutes. His Lordship stated the law clearly to the Jury, and left them to decide whether the saiatliciaus iateati•n with which the Defendant was Siitau pro#ed or not ? . The Jury consulted about two minutes, miCtion returned a verdict of Guilty. Mr. GURNZY now rose and stated, that two prosecutions bad been instituted . by •the *Vet* the Suppression of Vice %mime lee kfingim e ' 143* J ••• • . ' he waived them, especia:ly a, tl.e confessed' having sold three thousand works, a fact which could be takett nolite t0i.,4 he is brought up for judgtnent. Il e t h ea that Mr. Carlile should be committed, as Cniu Jusrwx.--.. Let him be certun,ze, believe he is already i n custody. Defetdzt,i; expect bail from y ou i n one half the amp quired on the verdict of yestercLy.^ At a quarter past two the Court rose. NAVAL INTELLIGENCE. Dona, Oetessa 14 .--Artfeed this morning; the 1 41 cm Ostend. picket Sailed Captain this da PASCO& the Oti c b ester , With a 31mpa1 Pamerse n y with a Mall and passengers for C a l a i s . cket, FAL3IOO7I/1 OcTOW 12•••-WIDit r:ed th , Marlborough ' packet, foe Lisbon, and the Sar.ll%;:b the Mediterranean, both with Mails. Wcki liaavracia, Ottoman 14 . —Attired the .e.illiancepscil.v Mail from Osittenburgh.—Wind KW. Palm:wan Ocyeua 13.—Wind N. W. -- Arrived the t. cis and Hamlett; Boaw, and Mervin, Baca, from .31; desk, 'Rosy, sad Elbe, ARNOLD, from St. l'eterea do of Bourdeses, Muir; tom London for tile Cape f, • . Hope; Mary is snip ARUN, from Portsennh,L; Gorda Plow , OLLID, from Curacoa for .sintivcrp, to wain ct peal:loos. POATIIIIIO4iIrII. OClonlnt 14. —Wind W.-s-Arr.4,l th : r i Hoop, BOOS, and . Margaretta, Doi., from Anty(l'i John, Eons, from London for ikrbice. Sail e d t i a. Lamina, tot Loincloth Manneseenn.arstecr.—Yesterday date C ol . wash again, who, it will be remembered, stands charged with set fire to the house of her master, Mr. Campbell, in Se ) place, Mary-la-bonne. She was removed front the hone morning of the fire, in a wretched condition, franker attempted (by taking laudanum to produce stu • consuming herself in the flames, and inflicting wounds neck and breast subsequently, all of which proved . A confession of the circumstances, which have ben, stated, and which she made to Mr. North, the surge* read, after which the Magistrate asked if there was any evidence? — Solicitor, " There is a Mi 6."—Prisonst, she Is here, let her be tamed out of my presen ce , poi,' " Have you any particular reason for wishing that r— • “ I have acted as a friend to.her, and she has not behave to me, that's all."—On being told she would be sent tont fismary of the Prison she was brought from, she claim, hands, and with tears faintly reclaimed, " Do not inflict more misery—do not send me there.r—Q, "D o th ey , you well there r —Prisoner, " They only give me' brad water and gruel; I cannot eat that: nobody is permit: come to me, except ihe Clerk , wise is very kind : an d I should like to be by myself, the other primers ma cc such nonsense. All that I ask is to die ; I am sere the will Forgive me my sins, for I Gave been praying ever have been away."—Ske said that the night prior to house on fire, she saw all the soldiers on the top of the they ill used her. Here it was thought proper to pram ! from indulglnklacrselt too freely in discourse, aad she Mended for another week, with orders that every neremy should be taken of her. The `prisoner was accommodated a chair while under examination. ASEZDZIX CISCOIT I . l 4 lll2.l.l4,l l CL•••••Wedlitiday . of .dfaeseeder Maktesia, scatted of having, on the 6th of AO obtained admission to the house of Lieutenant Alexander SON of the Royal. Navy, in Windy Wynd, Ahern" pretence of wishing to vrfite a note totsim ; and being by a servant into an apartment. and haikeg sent bet fe and ink, took the opportunity of her &Inate tonal a posting watch, value t 35, wbith was hanging on a mai also, sta the lath et June ha, of breaking into do house of Alexander Stigma, fanner at Hatton, parish d beivierand ilea/Lag dogmatists the Sum of £4O is Ban and 14e. In silver Tlickidiesinentin this case Meg rad, Jedge put the us ual question to thtprisoner, lila was G Ni easy Alm 4- primer Ishisediately answered, " my Lord r, liaineueo recommelisd to elessidei well whit ho said; that the crime with Mid wee charged fa milia* alebtot • tof the law. chest conmalesd with his and being asked late teem Prwassaticed—a Not Guilty." The trial ps'oceedeet, seethe 'lazy found the prisoner Golky sf de acts of theft. :used, but found the aggravates at - breaking Ndt ?nem Lord &moors explained the kir Whir to the aisr, sad -declared, that is the discharge of its tie Court wge .hosed to . pronounce the highest pool:knot the law. Lard Bemuse said, if be had been &Janes "cold probably not have ceacerred with the others, the house-breaking was Net Proven; but that, indepeeleo this aggravation, deeds was the wa rmishornt rewifix 4 the law, so the crime o f the prisoner; and rely, pdseistg his bat on his head, he proceeded to teal jedgmant of the Court, ordaining the unhappy prisoner !Muted at Madsen. as Friday the Seth of Novembers between the bows of two and four, r. as. During his old ti prismswas much agitated, and o nly when the Jury ream User .anther, finding the housebreaking Not Prows, a law, and and et to baPil is4tats the consequeo liglimn the f ul acts t his d ef uty e rre o r an c t ase he : C t e o . ou e rt. r iA po r tm d m d Sv an s ccels he time reL l i poor prisoner appeased convulsed with anxiety and surr gg and when hie fate became no hanger doubtful, every perm ("Ify fibre of his frame, and every muscle of his ow" s seemed to thrill mid shiver with exquisite emotion, and in I; state he was removed from the bar. CORN-MARE,ET, HARK-LANE, OCT. IS. We continue to be abundantly supplied with Wheat and ley, but foe width there is very little demand ; and lower prices are asked, scarce any sales could be effeced, at a reduction of from 2s. to 3s. per quarter from NM" prices. Oats are ls. per quarter lower. White Peas at sale, at a decline of 2s. per quarter. In other snick; then :s alteration. SMITHFIELD MARKET, OCTOBER 13. (To sink. the offal ; per stone of tas.) Beef Mutton .. 4 4 a s (36dd c 0 00 s• t s 6d 04 I Pork 5$ 6d to 61 t: 5$ 64 to cs a Lamb Ss 6d to 6s od. Beasts 4110—Caves200.—Sherp and Lambs 4,2 00— Pi8 if64 NAY AND STRAW PER LOAD Hay .e 3 los t o 4 C5 5. I S traw ...At as to Clover 6 os to Rowess us to In the parish of Drigg, near Whitehaven, nel` the shore, there is at present, in an old barn, a low's nest with five young :ibis is the bird's third brood during this season.—A similar circumstance occurs in a corner of one of the windows of the Gror' mar School in Haddiogton, where t here is a swallows nest, with Ibung ones, which have not yet left the nest, when almost all thes'ebirds !rave left the country! . NEEL • At Mimesis!, la the County of Surrey, ea the 14th Octob er ' Cease Monis; aqt apd St. : Do the bth busses, a; Verity. Sveitterisod, Lord Sam m e rnitt: LarthhiPs k Is said: vein be bortrsi in Glouctttershire . At the Maas* at &. Fen's, thessuro. Mrs- M ar y 61° spouse of the Rev. William ,Alidenea, Minister of that !W W l % At - Tchadesi, an the nit. Mr. J. G. dail=y, eldest soo the bite J. Itiglay, Iraq. iS ort h um b et iand. Oa the 16th uk. a young man. a cooper, ns idi ng in fano. widie tin pet(ert hea th , drops Jo,. bitsoi: By cheek his death bas wife w 3. 74Paritin.betsur, tad she arse delivered 'of a dead aim, "fled iu t,be same coffin with the father. 1 10 1 41 : amber, Sortle &Ira - by these accumulated afflicoc:h di11itz...111_,41111""417 tut; leaving five otishaas who are trd? 'l".""..`"l'Y the atteatiost of .the beneiolent, as they I.r.vr n . ... elrekbrithichre la any asaclition to 'contribute towards oust tad oeseation. L' , - - -% pubbsbed by Lain Urri • ' • ..:• . 4 .. Place, Teniple..ilat. . . . 1~ ) I'~( i • ,