The Sun. — London, England, 1819-10-16 00:00:00

engage, he should not be unprepared to defend the purity of that religion, which exclusive of the internal and external evidences of its truth connected with it, had been enforced by the eloquence-and arguments of the best and wisest of mankind, in a manner which suffered oo doubt to remain, and ethic!) left Infidelity without de feece and without excuse. To them aid to the recorded miracles he might appeal, but no proof were wanting, or could he desired, that would be more conclusive than that standing miracle, the dispersion and present condition of the Jewish people. This alone, in a manner the most extra erdinary and unaccountable, attested the truth of the prophecies and histories contained in the Holy :sieript tires. Ott this subject he would forbear to enlarge, remembering that he was then in a Court of Lew, in a country whiCh bad founded all its institutions on the Christie,: Religion. That law, which protected the meanest individual in the State, as had been emphaticidly remarked by his Lordship three days ago, had not left itself with out protection. If any man might appeal to the laws of his country, when another held him up to ridicule and contempt; was it to be supposed that he, rho might not attack an individual's , character, Might with impunity assail the' most sacred institution of the country, and that on which all its other institutions must depend ? After the experience, which the Court had had, it became necessary for him to anticipate the de fence which might be set up: They might be told that the law 'of the land tolerated Dissenters from the Established Church, and therefore the De fendant claithed to be tolerated.' It had certainly pleased God to let the Christian world be di vided into a great variety of sects. The reason of this _they might not be able to comprehend, and it was not to be expected that limited ca pacities could, in every instance, fathom the vast designs 'of eternal Prpvidence• some ob vious motives, hOwever, presented themselves: To preserve the Holy Scriptures trout falling into neglect, to stimulate to zealous and ceaseless en quiry, and thus to prevent the great miss trent be coming lifeless, and to exercise charity—that cl►a t which w a s greater than either faith or hope-- these were among the reasons that might have ' caused the divisions to whieh he had alluded; and realty more inieht exist which mortals could not know now, but which would . he made clear to them hereafter. Every variety of. religious trier ship was therefore permitted to all deitominatieus of Christians by the law of the lend ; but the law 'Which provided that this lint‘er't , al toleration should be enjoyed, provided also, that :to man shou!d revile, the Christian Religion, which form ed a part of, the law of the land. Much refer ence had been made to a incelet le Act of Parliae anent, which Act, he contended, %vent not to colt travene, but had been'trasS'edin affirmance of the Act of the 9tlt and 10th of William and , Mary. Here the Learned Geutlsman went into an exa nsi:hatioors.ot the 53d of the King, which he showed .repealed but one line of the stetute of William and Mary ; 'that inflicting certain penalties on those who denied the doetriiie of the Trini ty, and tacitly re•enaeted all the other pro visions, of that Act. It was said, this was a ,epiestlep,of opinion. He did not, know but at ter this assertion had been made to one charged with .seoffing et,. and . reviling' the Clsristian Re that a person ,at the, har el the Old Bailey would lint shortly say the same thing..' He might say, " by what law ant I to be tried?" I answer, by. the COMIIIOII law of the land." lie will reply,'" the common• law of the land is no law at all. That which you 'call the common Jew, is but an unjust restriction imposed on Iw luau actions. You try rase fOr picking another June's pocket, I say I had A right to do so. You condemn this. l dcfeipl it. Here' is merely a ,difference of opinion between us." So might the ,etime • of murder be justified, and an offender .sereld tell the Court that no leis , ought to prevent who vas stronger from - doing as be pleased ,by those ,who were weaker. So nt;ght a man -.charged, with au tlenatural offeece, content& that no la ooeht to interfere. with the gratification of Isis passiens, evbetherfe'gider or ieregular. " Qeoti God,?" the Leereed Cotinel exclaimed, ." anti are men to complain of persecution when ,tried for crimes like 'these . —aiel is this - man to „say he is persecuted, because 'he is tried foe . an offence like that now laid to his charge i"—Bet they we'te told that the,freedoin.of discussion yeas ,teecerned in these proceedings, and they were referrt:d to the words of Bishop Watson, who had said, " God forbid that a search after truth' ,ShWild be * discouraged for fear of the conse qeettees." Ile (Mr. would edit, this sent i .ntetitelsot tees it to discourage a search after truth to pr.,:qe.tt, such a pohlicarion ? Was this to disc courage argue/cur, sober reasoning, or a rational ..apeeid two the. tinderstaediege of mankind ? In re .gard fur the liberty of pres.s., he would yield to .turtrien ; bet +yes he to be deterred from prose. Cultitttira woik of the description of that now be fore the Court, by the dread of being told that this was the common cant of those Who were engaged .iu prosectniee these who availed themstdres of ,that, liber; y There was a cant, he wotild res +aerie. of and e infidelity, - Welch went to decry all those who were .connected with the laW, and who were engager) in repressing abuses like those whicl, stow called Ins . the interference of those entrusted with the adto;niSt ration of jasticei. Could any man sey that the Press sanctified all that issued ;lone it—that inAtttr, hoWever polluted in i , self, heeame pure and innoxious horn heist;; fot,attiped on paper by a feinting press. Was , such ..the notien, that was to be entertain / 1;d of th e Li bertv of the Presel No ; such never was, and itt a country goyetned by lav!, such n ever could be the real character of the Liberty of the Press ? lie called pia the Jury to protect he press from its _ worst enemies those who, seeding thus to ahese were actitig a part that Won't! lead wise and good men to consider, whether, great as were' its adeeetagee, -they were not transcended by the mischief, of which it might be made the source, when they saw tLlong,l).i:s *Keens the whole country deieged 'with impiety and vice. Tee .Juts were a,sembled in that box to es.:ist in the edministretion of English They eati oven SKOril it . le i GUSIM i !, and being Si' swot u , they bad pledged themseves for its - t tite. Bet t.• .110(1;41, pethaps, be teld"(es LeAl tied Friend had been) that to recni.ad them Of the oath they had • taken,, would bean unfair at tempt to operate on their prejudices. Such an Obesrvation wotild well become those who wished to destroy the solemn obligation of nll oaths, by overthrowing ' that religion on whiCh'they were founded, The Gentlemen of the profession of the law had, been described as being acquainted with the jirogr,ss of crime ; but it was said they could know nothing of the progress' of the but man intellect. They could know nothing of the march of the mind ; anti hence it was pretend ed to account for rtosecutions like the resew. All ilte knowledze Gentlemen of the Law acquir ed in the proses utioo of their studies of the laws of their own awl other conotries—all the inter course which they necessarily bad with the most enlightened men of all other nations—and all the insight into human life which they gained trorn'the collision of intellect in which they were daily - engaged—was to pass for nothing; and it was to such a person as the present defendant that they were .to look up for information on the progress of intellect ; and it was for him (the de fendant), front the vast resources of his compre hensive mind—from his enlarged ideas, and from the stores of, learning, of which lie fotiwl himself the possessor, to pour upon the profession all that contempt which he thought proper to express.— The Gentlemen of the Law were well content tp be reviled by those who reviled whatever was good and sacred ; and sinee all concerned in the adminktratiOn of justice, whether Judges orJuries, were to ite assailed by vulgar calumny, the Gentle men of the liar wished not to escape such abuse, lie would now proceed shortly to lay the evidence helote them. lie called upon thyrn to give a p'a tient and attentive heating to all that the defend ant might a y--1 o all th'at the law could permit hint to say in his defence, in order ',to vindicate himself !root the charge preferred against him in the indicts ent. having done so—bearing in that the Christian Religion is a part of that law nu which , all the Civil Institutions of the country are forwarded—" ant sure," said the LCatued Gentleman, in conclusion, " that you, liy a verdict of cooderribatioo this day, will cowl ibuteio stern that totrent of infidelity and impiety. which has threatened to carry away, in its destructive course, all our ins, it nt inns, all our -laws., and with them, all our happiness." EVIDENCE. Thom as Fair 'examined by Mr. Marryat—Knows the shop Of the defendant, No. 55 Fleet-street. [The book contain ing the lihel was put in his hand.] He went to that shop on the 19th of March last, saw the defendant, and bought of him the book he held in his hand; Paid for it is. book , was handed in. Cross examined.by Mr. CArlile—You saw the book exposed for sale, and found no objection or hesitation to sell it. ‘Vitoess—Yes; it was exposed fur sale, and you made ho objection to sill it. The Ciiitlf Justice—You saw it exposed in the window ?. Witness—Nut in the window, nly Lurd, it was exposed in the shop. - Mr. Carlile—lt was exposed, for - sale in the window at the 'Me indictment was then read throl►gh. Mr. Carli!e now begged that the first Count might he read again, as he apprehended there was a llieral difference be tween the libel set forth and the libel itself. _ . Thu Count was read again, and found correct. The doubt was, whether the Word " how" had been substituted for 4, now." Mc. Gurney--That is the case on the part cif the prosecution. THE DEFENCE. Mr. Carlile now commenced his defence. He said, that tt►is .was the fourth day he had stood in this Court to Ath , nd himself gainst a charge of bliisphemv. He had contended, and he still con- ternfed, tt?at no Court of Justice in tb,e country, inasmuch as there was no statute law on the sub ject, could take cognizance of a charge of blas phemy. A verdict had been given against him by a former Jury he trusted the present Jury had discarded from their minds that circumstance, 1 a , h e had no - doubt ; if the Court of King's Bench 'were disposed to do justice to a Deist as well as to a Christian, that he would he able to convince them on the first day of next Term, ,that their verdict was illegal and contaminated.:•The law of this question he should not at present go into. The Learned Gentleman who had opened this case hail stated, that this prosecution ,had. been insti •t tiled by the Society for the Suppression of Vice.. Of this fact he was ignorant until last night,. -when be, for the first time, was . .made acquainted 'With his prosecutors. 'llie Learned Gentleman had also told them, that the people of this country had been much benefited by the exer tions of 'this S6ciety. Ile was inclined to ad - wit this to have been the case in some instances, but be thought they carried their inquisitorial conduct much too tar, by taking notice, of any - publications which did not tend to the demorali z-ition of mankind. The question was, whether this Society was justified in assuming to them selves the character of Censors of the Press, and of examining the books relating only to matters of opinion, and religiOn. defendant then proceeded to. examine the principal topics of Mr. Gurney's speech. He denied that he was an of fender, although 'described as such by.that Gen tleman., until the -.hay had so. pronounced him, -, and he trusted they would not be bidneed to come to that conclusion, until he had gone into his jus tification, which it -was his intention this day to do, in defiance of the Judge; sinless ,they should tell him that they were determined not to hear him. If they should so decide, he, could only again obsert e, that their verdict would be contrary to law, and' in direct contradiction to the spitlt of the British Constitution ; that his trial was a mere mockery, and that this Court was no longer a Court of Justice, but a . dictatorial Inquisition, Mr.. Ca rine once more appealed to the Act for tolerating shoe who disbelieved in the Trinity, as his shield. While this. Act existed, and while -those who im pugned the Trinity, which was the very founds . - tiun of Christianity, were permitted to preach their doctrines without molestation, he contended that he also was justified in stating to the world his opinions, and he had no hesitation in believ ing-, that on the first day of next Term the Judges of the Land would confirm this proposition. Ile desired to state, that it was with great pleasure he stood there to defend this publication (contain ing the' libel), because in a great measure lie agreed with the whole of its sentiments. There was one part of it,.however, in which he did not agree---he meant the last chapter, which alluded. ro Atilsei-ni. That chapter. was not the °pi llion of the author, who was a Deist, but was copied trom tee weauscript of a friend. The work was origin - ally published "u North America, twenty years ago, and had gone gone through three editions—and yet the peopleof America were not less religious or less divested of the Christian Religion, than the people of this country. it was entitled " The principles of Nature ; or, a-De- Veinpment of the Mara! Causes of Happiness or Misery among the Human Species." '[bat hap piness and misery did exist in the world, no man could doubt, and to inquire into the causes of the one or the other was the object of this pnb lieation—an object in which, in his humble esti mation, no rational man could find ground for complaint. Mr. Carlile now proceeded to read the Preface ; and at the cOnclosion observed ; that Mr. Palnicr was a Divine of the Kirk of Scot land, and had been banished front Dundee for avowing opinions in opposition to those he once held in favour of Christianity, hilt which his philosophical ,researches had induced him to abinidoo. _ Tit,e defendant, during his reading front Pal mer's work, introduced Mr. Bellamy's prospectus for publishing a new translation of the Bible.= The errors . oe, translation, as pointed out by Mr. Bellamy, he considered matter necessary for his defence. According to the prospectus, that which persons had been taught to believe (roe was talse. The Prince Regent, the Queen, and the Royal Family, with many of the No. hitity anti Bishops, had. espoused Mr. Bel lamy's intended translation, by putting their names . among his subscribers. He was satisfied many persons were convinced of the incorrectness of the Bible, but it was strange indeed to find among the subscribers to the New Translation the names of several of his prosecutors. Richard Clark,-Esq. one of the Society . tor the Suppressiim of Vice, was upon the list of Mr. Bellamy's patrons. This proof of errors in the Bible would be a good grou,,ii for his defence, it justice and' reason could prevail ; i but if prejudice was to take place or , he-had nothing to• expect. 'He was ready to idini: there was a strong feeling iof reason in the country, but it did no: appear to pervade that Coto t. One party in the Country was ad verse to the progress of improvement, another was st . tugg irig to raise men temp the degrading State in which they there placed 'by-slavery Of the Mind He w,is entitled to say Mr. Bellamy, by pointing out. errors in the translation, had im pugned toe truth of the Sri iiiture, and if he was to he punished for denying the truth of the Bible, Mr. Bellamy also was liable to punishment for the saute ntlence„ Mr. Bclbumy h a d impugned the word of God, by reviling the Scriptures. The CHIEF Justice—lle has . done no Such thing', Sir. I cannot licar'a gentleman cliarged with reviling the Scriptures, who bas - only the in tention to amend what appears to him errors in translation. Mi.. Carlile—l believe' Mr. Bellamy to 'lie a virtuons good man. I think his object and study is to improve the. morals of society. I have no intention to asperse his conduct—l only said that which was admitted to be truth 'was im pugned by being termed falsehood. The defendant continued reading Palmer's book, and contending that the assertions of Mr. Bellamy supported the assertions, of Palmer. I feel so strongly, said he, the truth of whit he has published, that I should take pleasure to de fend what I have done from day to day, during my life.—The Attorney-General was rejoicing, no doubt, that he had crushed him ; bnt it the Court of King's Bench was open to a Deist, he should have a new trial. He should s )ae allowed to defend himself, which he had been prevented from doing. He wished the Jury to consider well 'the disposi ,tionof Mr. Palmer when he wrote the work which _was the subject of prosecution. It was written by a Deist. He Stood \there to avow Deism, and although tbe Jury might not, concur with hint in opinion upon that branch of faith, 'the question foi diem. to decide was, whether he had published :the book with a malicious intent. He did not at .tempt to) deny that he knew what the work was. .lle read it, and admired it, before be published it. Mr., GURNEY here addressed the Court. He was ready to admit the defendant, by law, was permitted to read passages its the book, for the purpose of showing. the sense of the passages in the .information was not complete, but he had no right to'go through a long book, containing many passages as illegal O those for which he stood pro secuted, for the purpose of disseminating opinioni in support of Deisui. The defendant had asserted that ifiS object was not to show the 'sense of . the passages in the infOrmation, but to'declare the object of others. The Learned Counsel submitted to the Judge that the defendant had no right to read this offensive matter. Mr. Carlile—This objection argues nothing more than that the Learned Gentleman . has taken the alarm at \ what I have read.' If it ap pears to the Jury that what.] have read is of en. sire, I must suffer from it. I apical to the'JOry to say whether wy motives were malicious ? The Chief Justice—You have declared your objecOs to propagate Deism, and to put clown the2Cliristian Religion. Mr. Car tolerate every sect, and I ask for toleration--let me state my own faith. Chief Justice.--. You art not here for expression of faith ; you are proseented for defaming the Holy Scriptures—fur denying the Divinity of our Saviour, and the truth of . our Religions • You ay you wish fret- the propagation of Deistif, and that you should take pleasure every day of your life in opposing the doctkineS of Christianity. Carlile—l speak With' the sine feeling that a Chriftian would, speaking of his own religion. Chief Justice Well, Sir, there is an avowal of your intention to defarne_the Christian religion ; and the question is, whether you shall, for the ae eomplishment of that purpose, be allowedto go 'on reading the matter of a book as illegal as the matter in the information. 1 ant bound to tell you, Gentlemen of the Jury, that the Christian religion is established by lam, and to deny the truth of its divine authority is an offence against the law. It seems tome it ought not to be allow ed that a man should go on endeavouring to defend himself, tint by shotving he has not done the thing he is charged with doing, but that it was his inten tion to publish the work, and that his avowed object is to support Deism. Am I to go ott from, day to day, allowing the defendant to teat' what is ille gal ? I have done too much on my' own respon sibility, and 1 think 1 ought not to suffer it longer. It must be considered that I am not to be sitting' here day after day, to hear — a man defame the Christian Religion. If you 'will - 1460i any other line of defence, you may go on. If you can argue upon the 'character of English Law and the i li+k berty of the Press, that you were allowed to pub- lisp a work of this kind, you may go on. Carliie—This objection' is nothing more than' alarm, occasioned by the strength of the matter I was reading.. . Chief Justice—Yon have avowed your inven tion was to set up Deism, put down the Christian R e li g ion, and bring it into contempt. Carlile—My Lord, your proceeding to-day .is not like your proceeding on a former day, Whets you said I might read any part of the book - frOin' which the passages in the information were taken... Judge—l say so but when you reiterate. that your object is to bring the Christian 1 1 1.eli-: gion into contempt, I cannot sit here to aIIOW The defendant then contended that he was lowed, to shelter . hitnsell under the Act of Parlial'. went, which allowed persons to impugn the 'Trinity. He was allowed to impugn the Christian relit ion. Hete the' Chief Justice once more interrupter Carlile—it is your Lor►tship's opinion that mf defence is illegal. The Jnry will also decidc whether it is legal. Chief Justice--I trust the Jury will decide upon the fact, whether you have published a profane libel,. lam botmd to consider you as pursuing an unlawful object. Garble—l appeal to the Jury as judges of the law and fact. _They form a superior tribunal. The,Joty here said by their FOreman, that they did not consider themselves superior to the Judge. They. expected his assistance.. Carlil4—Gentlemen, I consider von are judge . of law as well as fact, and' 1 appeal to you to say whet her 'mydefence is proper or improper. It yut* 'decide against me 1 will sit down ; hnt nothing but your decision will prevent me going into MY defence. The Jury stated that it was tut improper mod* of defence ; and the defendant sat (town. The CHIEF. JUSTICE then addressed the Jury, and stated the nature of the information, which charged the defendant with pt.blishing a phemous libel ,against the Holy 'scriptures. Tile defendant had insisted on his right to take 0 course for his defence, which tine law did not a1,;,.,17! Li answer to a charge of pUblishing a book whiclt was intended to bring the Scriptures and the Christian Religion into contempt., he sa il h e was entitled to read other offensive matter. This vt ,, s an indictment (minded on the common law of the land, and be was boned to state that an endeavour to bring the Christian 'Religion into contempt bf the means of. a publication, was an offence against the law.- The defendant howiver argued, that a recent . Act of Parliament rendered it. lawful to bring the Christian Religion into contempt.—• The Act applied to the relief of persons wird felt scruples of conscience respecting the Holy, Trinity ; and did not repeal the 9th and 10th dr William the Third. Could any .one of common understanding suppose that an Act which was tf , relieve persons who deny the Trinity, froM pair' and penalties, gave a license Willy man to bring the whole Christian Religion into contempt His opinion was, that the Act of Parliament couh l not have that effect. The defendant had c ot,'. tended that it was lawful to allow him to bring the Christian Religion into contempt. In point of law, no man had a right to do that. if t4, 4 ' Jury should be of opinion that. the defendant (not' withstanding the avowal of his intention) had nO S brought the religion of the country into contempt , they would decide accordingly. The Jury, without hesitation, found the de' fendant Guilty. Mr. GuaNey then said there were two other indictments against the defendant, for publish 4 Paine's Age of Reason, since. the, last informatio n was filed ; and as the defendant had priblielf stated that bad sold ten thousand copies S i° Christmas, he was not desirous: of proceed 4 with the matter that day.. It would be the sdir j ject some future proceedin. 1-le then mere. the defendant be 'taken into custody. The defendant applied to -be admitted to had. The Judge idlOWed him to put in bail, ins be the amount taken in the last case, !'he ant wished to make some obseyvation respects bail, but Was not allowed 'to . prbeeed, as it vvl not a subject to be introduced in:_ahat Court. I'-I L inight be brought before the Judges at chamberg' The defendant, went away in custody, and dt Court adjourned, HOP INTELLIGENCE. WORCESTER, OCT. 13.—1 n our market f' , l Saturday, 2454 pockets •of New, and 52 of were weighed; average prices, 70s. to 845.-- 1 0, said that many of the Kent Planters are boldloo back in hopes of better prices. - • COURSE OF EXCHANGE, FRIDAY, ;0c r . .8. Amstesdam „ - Ditto, at Sight Rotterdam Pi 1 Antwerp l2 3 Hambiligh — ' 3( 4 2 f 11 0:, Altona Paris, 3 Day's Sight 25 3o 0 If:. Ditto - 0 (3.6 ' Bourdeaux, ditto Frank fort on the ?lain Madrid ri'if .Eff ° • c e EjTe-4! • Cadiz Billma 3si 0 . , . _ Seville ,.. 15 Gibraltar 3O • Barcelona - _ Leghorn Genoa... 43i-Venice, Ital. Lir 27 so Malta... ..46 -Naples 3SI , • ijs; Palermo Lisbon Oporto Rio Janeiro MUD.... ..... 12.....C0rk,....12 per Ccut. Agio of the Bank on Holland.... 2 per Cent. BULLION. er I9°' Portugal Gold, in Coin L.O 0 0 2' Foreign Gold, in Bars 3 17 104 New Dollars 0 5 0 Silver'in Bars, Standard 0 5 g 6re LONDON: Printed by.l. B. CARSTAIRS, Of No- W. ` ` A I Ormond-street, Queen-square; and published I) S I) SCRIPPS, of No. 7, South Holton-street, at ' ll `,,, i dsf" °dice, No. tit, Strand ; where Advettisements, lictters, &c, (post-paid) paint be addressed. i