The National Register. — London, England, 1819-10-17 00:00:00

R~? I digiot,, it was true. contained the doctrine of thc. Trinity, the vary titst Article in is esitur. It was well known, howsver, that in order to relieve individuals from prasecuminn, who did scot ishreve in the Trinoy. them was a Toleration An. Tnis was as just as it was rat:opal, for the article mentioned was altogether anceoncilahle, one pan describing the Demty, as a being without -übstance or natter, and the other bhewinv that there was an vanity of three persona, with substance and nuctter.—The Act of Toleration. he conmended, went to the repeal of din veryartielc. . because men were allowed, by law, to worship God, without be .ing called upon to believe in the Trinity. . The Attorney-Generat then-fore, in saying that the Christian heiigion was the law of the land, night Love added that Ileisin was also the law of the land; I.r the Act protected those who did not helieve the Christian doctrines. 1 here a s, no law he Iceew , of, wire!, detined or took eignizattee of blissohemy ; and it was therefore Le felt himself justified in puble Ming •• l'aine's Age of Reason." Ile denied that lie had any ni:..lvitics or impious intention, as alleged against him, and. reminded ,he •Jury that the Jews considered the . Christian rel.cion a cheat ; the Christians thought the same of the Jews; both thought a like of the Hindoos. and all thought the religion of the Alahometans a cheat. In the case of Williams, the first alum puMmlished the •• Ace of Reason" Mr. Kidd, his ere:natl. was not allowed by the Court to enter upon a justification of the alleged libel, and consequently the question was never f srly considered. With respect to Eaton, who was tried in B IIt, that person had not the physic ii power to defend himself. Ile wain very old Iran, bending under infirmities, aml Was crushed at once by thelate Lord Chief Justice. He might fairly contend that the question had never been fairly brought before a Jury lie realty and conscientiously believed the writer of the work , vtis Infirienessl only by the best motives. His own motives were good. Ile did not feel that he haul published one blasphemous word as stated in the iratiinnan-m. The eyes of the country were on the Jury, and they were expected to come to an honest decision. He had received congratulation and condolence upon the occasion from so many persons, that lie was convinced from that citron)- : seance alone the , the publitation had not demoralized the mind of svi , y man. Thoueatirls were looking fora verdict of acquittal,— Ttio-e who called for a verdict of guilty were like the men who lighted the fires in Smithfield. Mr. Cathie then stated, that our Christian Religion declared that there was but one God, of infinite J amer, wisdom, and goodness ; and that in. the unity of this ts.ultiout there were Three Persons. It could not be tlenitd, he earth that this was thunder, upon the Trinity ; lire, without thal admission, Christiality could not be admitted. Now, an Act Lad passed lately ter the relief of persons who had impugned the In... Anne of the Holy Trinity; and it bad been passed on the beat orMeiple.—thaw, he begged to know, could the first article of the ....liristan Religion be ter ...wiled for enrolment in the mind of any seasonable creature, when it id in one place that there is but one God, and in another that there went 'firer Persons, all of , wqoal power, and all of course Gods. This was part of what the Attorney-General called the law of the land. Mr. Carlile then read the Act of l'arliament in &vor of the Unitarians, and said that Act was. in fact, nothing lees than a repeal of all former Acts upon the subject of holding doctrines at variance with those of die 'trinity, and of all Acts in support of the established reli gion of the country, for if one Act of Parliament aliened another . n any Shape, it went to repeal that Act. The Attorney-General had said that Christianity was part of the law of the land. He (the defendant) must declare, deer !Seism was also part of the law or the land, tsail that those publishing Deistical' doctrines were protected by the Statute Law, and secured from all the punish ment that might have been inflicted previously to the. passing of the Art to which lie alluded. All laws shopld be understood.— There thould be a written Cotle,,by which thepcpple might be informed of what it. might be nerwssary to adopt and reject.— Tbere was no written law to authorize the present prosecution.— ' Ila ',Mr. Cathie) did not know what religion the Attorney- General :login now possess, hut he believed Ise once professed :Unitarianism, which was the religion of his father and family, .and that he had held up his hand in that cause. The Attorney . General had stated that Paine, in his calmer moments, had con :fisted the truth of Christianity ; but he (Mr. Camille) doubted u, truth ; and lie was confident Paine had always doubted M— lle contended that there was not an immoral paswe in the tnibleation for which lie was now on bis trial. lie courted can dour and publicity only. Here Mr. Carlile produced twelve copies of Paine's Age of licason, and was going to hand them to the Jury, when he was interrupted by 'lire Lord Chief Justice, who stated, that he did not wish to prevent the Jury from having every means of judging of the question; but as the books in question were not produced in evidence, the .utcarediro was irregular, and he did not wish to do any thing which might be afterwards quoted as a precedent. Besides, what proof was there of these being copies of the work, for the publication of which this prosecution had been comnien• cod. ;Mr. Catlin: pledged himself they were the same. The Lord Chief Justice said, if the Jury wished to have copies, he did not object to it. Carlile presumed his Lordship had given his consent, and copies were immediately handed to the Jury. Ile then pro ceeded to read the title of the work and the preface, in which he had stated his motives for publishing the work, as truth was his only object. The defendant then read the Preface to the Second Part of " The Age of Reason," and recited the composition which denies that Muses wax the author of Genesis. In the passage where Muses is censured for ordering the male children and mothers to be put to death, and the young women to be given to the lust of the Israelites, he observed, that Mr. l'uin. had omitted to state that the )Bests took 51 of those wo men to themselves. The ttaasaction was so horrid in itself, that had lie published any thing like it, he could not have expected any favour from the Jury. at halt'-past five his Lordship called for candles. The defendant expressed a hope that his Lordship would now adjourn the Court; he felt hi, se,lf much fatigued with the ex ertion, having now been reaching upwards of five hours. The China Justice said he could not adjourn the Court at this early hour. It' the defendant wished it. he might retire for a short time to take any refreshment he re.immired. The defendant, under this permission, quitted the Court, and was absent about ten minutes. He then returned, and resumed ids reading. On that part of the work contained in the infiwnia tion relating to the miraculous conception and birth of our Sail.; our, the defendant expressed great empiric that the Attorneys General should have observed w with EV much severity on this part, Fiaec the sem called Unitarians had dissented from this • history. and ns lie had before stated, the Attorney-Clemsonl was, or at least had been, an Unitarian.— ' The defeodam then proceeded to read the third part. of " The Age of Matson," which is principally made up of observations on the proplieces,Ac. relative tdo our Saviour's appearan ce. lie concluded reading at ten o'clock, and observed, having now stated to the J,ery the whole subject of the information, he wool pot it to than to sa:., if there was any thing crt an Mono eal.:ss'clenoy hi ir. The author had not perhaps spoken always in the most it:spectful terms Seripture.; hut, It should be teeolleetal, he considered them ar flatlet. With respect to him self, he was completely exhausted, and hoped Ins Lordship would now adjourn the further pmeeedings till to-morrow, as he had still nuttier to submit to the Court and Jury, which would occupy till Saturday night, in soling, if his strength was equal to it. The Chief Jinni-me said he should be sorry to curtail him in any thing he considered necessary for his defence, and therefore wrould now adjourn till tomorrow, at half-past nine o'clock. The Court adjourned accordingly, at a quarter past ten o'clock. All hush and palisagely as well as Guild•hall Vaud, were crowd- THE NATIONAL REGISTE:t. with the populace, who reale"! C,•ttile, accompanied u, Is—. and Lime, who left the Court at the iiame time the defendant ded, with loud cheers and acclamat:ons. (scoot Dag.) Wednesday morning, he resumed his defence, justifying the '• Age of Reason,' and Adasph? 1111 l nsly Mg the Ilitsiv to be nothing more than a .collectiost of falsities. We, cannot pul late our pages by giving his defence, which nag infinitely utilise than the wuik, for which he was in dicted, and called fur lie not only the frequent interruptions of the Judge and the AttorneysGenerrE bin at last a de-, Chlr•tiell front the Jury of their opinion of so infamous int. of defence. A fief' much further observation of this kind, Mr*Carlile said he had a great deal of iniporttuit matter to introdUce in hie de fence, but that the interruption he had experienced had derang ed hint. Ile was also quite exhauskil, having taeted nothing but water all day. The Lord thief Justice said, he could not adjourn unka the defendant showed that the matter he wished to introduce was relevant to his defence. He was placed in a very painful shun 'lon between his wish to grant indulgence to the defendant, and the consideration that, as an English Judge, he could not sutler the truth of the Christian religion to be impugned. The defend ant had, untiirtimately, amsiumed his strength in a struggle to introduce into his defence matter which wits inadmissible. After some further conversation, the Lord Chief-Justice in• quired whether the Jury wished to adjourn. The Jury intima tot, that they did. An adjournment was then consented to, upon a pledge being given by Mr.' Cathie, that hu :weld not seek to introduce into the conclusion of his defence any matter which had been decided by the Count to be admissible. . (THIRD DAY.) The Court was opened this morning at the usual hour, there were very few persons present at the commencement of the .proceedings, but the crowd‘midually increased. In the anticipation that Mr. Carlile would shorten his defence, and that the case would in consequence be brougl.t to an early eenclusion. the Juno; on the infonoations for the seditious libels, and on the three indictments for blasphemous libels, were summoned to attend. A rumour was circulated in the course of the morning, arising, it is said, from an expression usel by sonic of the de fondant's friends on the preceding night, diet he had gone off to Dover on his way to France. This rumour was in some measure supported by the nonappearance of Mr. Carlile, until after the hour appointed for the sitting of the Court, and until the Attorney General and the Counsel for the Crown bad arri ved s..but at 53 minutes after 9 he entered the Court, accompa nied by Mr. Fry, and bringing with him several book% Sheriff Parkins immediately addressed Mr. Carlile, and begged to ask him a question: he said lie understood that he had been interrupted in his entrance into the Court, and that till had been deprived of some books. considered such conduct to be very improper, after the pains that had been taken to keep order. Mr. Garble said, both himself and his friends had found difi culty in gi,ining admission to the Court ; and some of the book had got into th e hands of strangers; lie afterwards ascertained that two of his parcels of books had been left in the coach. Mr. Sheriff Bothwell then addressed Mr. Cable. and said— You will be pleased to recollect that I cape:mm:lla desire you should receive every accommodation. Mr. Carlile assented to this declaration. The Archbishop of Canterbury and the High Priest of the Jews, were in attendance soon after 9. and were seated together in a small room behind the Justices seat. _ The names of the Jury having beer, called over. Mr. Carlile then proceeded on his defence, in which he went over the same ground as on the preceding day, only with less indecencies ; and addressing himself to the Jury said, .• Though lie had scarcely any hope that lie had made such all impreesioo 0 his ease on all their minds as he wished to produce, yet he hoped he had made such an impression as would, in the event, entitle Win to their verdict of acquittal. All he could not hope to im press; fur he had heard, and he was sorry to say it, that one of them had said publicly on the precening night, that he should like to give that Carlile five pairs' imprisonment, and bread anal water list all that time. (There now arose a tumultuous cry Name, name," from all puts of the Court. A strong feel ing of indignation appeared to be excited, and -" Shame" was reiterated among the spectators. So far as our situation under the box allowed us to judge, we believe the gentlemen of the Jury themselves joined. in the exclamation of .• Name, name." The accusation appeared to cause the uunost astonishment and disgust to every juror.) The Lord Chief-Justice (interposing.)-ob, no, I hope you will not allow any think so indecorous, gentlemen. (It is proper to remark, that the det . endant once CT twice expressed his concern that he had been prematurely betrayed into the declaration of the intelligence he had mentioned, and appeared solicitous that the circumstance should not prejudice him with the Jury.% It was a maxim of English law, that where twelve men were formed into one body as a Jury, and it should happen that while a portion of that body were willing to return a verdict of guilty, there yet remained a doubt of the guilt charged on thc.accused in the mind of only one individual of that Jury, the doubt should entitle such accused party to a verdie, of acquittal : and it was, he believed, admitted also, that it was better that ten guilty men should escape, than that one innocent man should be condemned. Applying these °beer • vations to his own case, he argued that if only one of them should entertain a doubt whether or no, he (Cathie) was to be brought in guilty, then that doubt, it was to be remembered, was the doubt of the whole Jury, and was to be construed to his be nefit. The sum and substance of his argument was, that the charge bad, no foundation in the common law, and that the only statute which made it au offence, had been superseded by a sub sequent and recent one: and under this last statute he trusted that through their means he should find protection. [lt was about 3 o'clock wheat the defence closed.] Previous to calling witnesses, Mr. Cathie time again, and wished to explain whit lie understood to hive pissed on his subject the night hi tore. 'Die Lurd Chief .1 WU iee.—Tell rue for what purpose and to %sisal points t on wish wittiessea to br examined. Ali. C.schle said, he had intruded to rail sevrrisl of the leading persons of did( relit Christian sec's, in order to show the wide diversity of opinion which prevailed among them ; that smile of them approached vet y nearly in creed . to himself; and as they st ere all tolerated, so ought lie to be. The Lord Chiefitist ice.—That is your object, is it? Mi. Cathie had a ism ilier one, but lie feel ed it would be objected to : it air: to obtain the opinions ut the sectaries on cei ta in wit ts of the Bible. The Lord ChielJustire.—liave yen any fel titer object? Mr. Cailile.—That was the chit•t object, as he coo eel) !•il 0141 he could sliuw by these means that each seemly would gisr a different account of the various pails soh witted to I • . It bad been also his introinsu to inquire, whether they thought ilie Christian faith could he inci muted by any aid timii the secular aim. The Lind ChiefJustice.—As you have now stated the purpose• for which you wet e desirous of examining these' witnesses, I have to declate my clear opinion that their evidence is inadmissible. The truth ut the Holy Scrip lutes is not the question to be tiled here. It is well known that elisions denominations of Christians differ in their tenets and at tides of faith, auti it would be most in- OCT. 17. decorous and improper in stes .• ii upon persons rn lbw Cones to glee an account of their !chemise principles. 1 ceitainly cannot receive opinions: it is for the Jury decide. The defendant might otherwis e call half the city tit' London, it such a COlll se were &MOWN,. (Shiite then signified that he should only call witnesses to lois moral character. The Lord Chief Jaatiee.—Mr. A tternerGeneral, yait have no objection to this? 'Else A tositicy ficneral answered ill the Iterative. William Cumming was then relied and examined by the Coml.—He stated, that he had known the defendant IS years ; the latter having served his apprenticeship to him His general character was extremely good. fir. Cathie wished the witness to he asked one or two questitms, as to his having an aged mother who— The Lord Chief Justice.—Nu all questions as to moral chat icier ere genet al lairticulars cannot be entered into. James Vann, a person retired front b11.1111V13 WAS next caned: he had known the defendant six years, tinting which time he had always bootie an excellent character. 'Thomas Walk. r, a messeeger of the .Navy.office, hid known the defendant 4or 5 yeti's; he had lodged with witness,•was always considered at an limiest, industrious, sober man, and one who paid his way. Alr. Cathie wished it to be understood, that with these persons lie bad lodged since his first apprenticeship 11:1 lie became a housekeeper. The Ac:urney btietly replied, in doing which he took a review of the ameliorations afforded from tune to time to conscientious dissenters on particular points, hut asserted that sneli concessions could never be itittanit ed, or allowed to be converted, into a slicker for blas phemy and impiety. The Lord Chief Justice then slimmed op at great length, and with honourable impartiality, and having stated with psecision the substance of each count in the information, as the offence charged was differently describes', referred to the several points on which eie defence had been rest ed. Muth had been to get' in the course of that defence of which all who heard it must disapprove; .bust the Jury were not on that account to suffer any prejudice to unit draw their consideration from the simple question on which they had to decide. It had been nue:stet' in the progress of this ititriry, that all that had been minty,' of the Sciipinres aim published by the defendant was jar. and tine, fit and peeper to be so published. The defend ant had united to read other writers, who mailstaineslais miler opinions., though nut expressed ha so strong, or pet leaps.so coarse a inatisetr. lie hail also desired to call wit nesses to speak with regard to the differences prevailing ammog different religious sects. His Lordship had felt it his duty maturely. to consider and it would hardly be supposed 11... t Callle to a trial like this, wi hoot pre viously nutting his thoughts to the subject, to inforni his timid as to what eoutse he oittlit to plastic iii the different circumstances which might be expected nu arise ; he had then determined, atid he did wit regret sh it deterininalion, that it was not petent li. a Christian caratitry, in a court of law, to rise up 31111 say, alit the Christian ridtAititi was hot a religious of truth. It would be strange, indeed, if such a 1111C311011 were 10 be pot in issue, its order to Ire tried before this tribmi.d. lle hail resisted, therefore, every attempt to introduce such a discussion, and should have felt that he was tlisgr.. , ..in; his situation if he had acted otherwise.— Another topic of defence, strenuously and in some de gree properly urged, was the danger of restraining free discussion and free twin rv. God forbid that any such restraint should take place ! But they had to distill. guish, ci nether the present pehlic. , s ion teas an instance of that free ;itquiry.and discussion oh a work of mere calumny and ridicule. There teas nu inilisidual and no subject, to whose, oharacter or whose merits, reviling% and calumnies culd be lawfully applied. The exercise of reason was allowed in the fullest manner by the law of England, because it was a law of public liberty and freedom. T 1.4 law hail adopted into itself, and was ft/11111kd in a great degree on, the Christian religion ; an i front this source it seas, that its principles of li heraiity and humaitity, the spirit that influenced and gitaleil the adi ss i tt istration of justice in this country.• were drawn and derived. Hut though as a law of Airway it allowed perfect freedom of opinion, and inteafered with 110 man's private belief,; it did mot allow to every man to do what seemed poi in hisewn. eyes, if it were inju rious to society. They had then to consider the charac ter and tendency of this wet k, for with regard to ititen tem they had nn tneatts.ofjudajog, and could hot decide niton the motive of atiy act except from the nature of the act itself, stippmita,:, it to be deliberately performed.— The purpose conteutplated 11015 t be itilserred from the natural, obvious, and direct tendency of the act, unless by tonne extraneous prow it could he shown that the agent had a different intention. The Christian religion hunting part of the law of the land, it was not tit mat he or any other person should openly deny its truth.— That must lie taken for granted in a court of justice. But in the consideration of ttio;:ses, it was not unrea. sortable to look at the object assailed, and compare it with that which it cc-as proposed to substitute.— The Christian religion had advantages which never existed under any other religious system. By the institution of the Sabbath, a st .!eel day of rest was afforded ; and he could not allude to this stilject„ without expressing that this alone had ahsvac s appeared to him to be strong evidence of its this vane ()rigid. Man never had heen so kind to man, as the author of our religious had been in establishing this regulation. Christianity likewise gate the best suppoit to the afflicted, taught them to bear their sufferings wall patience and with resignation, in holding out to them a hope of the highest kind—that of an eternity of joy hereafter. Now, before any 111311 assailed an establish .iient thus offering blessings to all classes, without dis tinction of rich or poor, powerful or weak, learned or unlearned, he might lie expected to pause and consider what he would substitute for that which he was anxi ous to destroy. The Jury, and slot he, were to decide this question; but he thought no man wishing well to his fellow creatures would approach the subject without awe and reverence of feeling, without decorum both of thought and of expression. let them consider for a moment what was this creed of I)eisiii which had been so eulogised. Christianity was addressed to ail; it was intesidcaler all, aDd ciPccially for the poor and humble.