The Sun. — London, England, 1819-11-17 00:00:00

law, of fhat 'common -law •under , Which you tell me I have been tried. Apply these principles to -the case of libel ; your Lordships have applied them. Upon every action for damages your Lord ships have applied them a yoo nave given the -principles of the -common law, and of justice full sway ; yon have told the Jary, that if the matter be true, it is no libel; you have told them, that if it hr false, hut communicated with a good inten tion, there is no ease for damages. Falsehood and evil lowly onited, are the only reasons for damages. Aoplar the aarne principles, ley Lords, to the act with which I atu charged. It is the publication of a book stated to be scandalous and -uptrue. It does not respect the characters of in dividuals; its scandal, or-is untruth, can be known only by discussion ; I have published it that it may be discussed ; this prosecution is an attempt to put a stop to this discussion; it is an attempt to stop the progress of truth. You have rightly told rue, my Lords, that the owls of the hook which I have published cannot be tried by this Court. It is removed far beyond . the reach of soch Ti Osmosis.. The decision of it July calm°, be final in such a ease. The intention only re- , mains for your consideration. Upon this, my Lords, I feel entitled to an immediate discharge. Nut a particle of evidence- has beets produced to prove tiat I published Paiee's Age of Reason with au evil lot eat, If then, my Loris, yoss wits allow the l believe thia book to he true—that I believe it to be important truth—you most derfare qie innocent ; you must declare use not only ionocent, het worthy of your praise ; I leave in my hum ble sphere endeavoured to promote the cause of Truth : I cluim this at your hands. The native of the subject cats snake no difference it is only as you can charge tree with havimg wilfully and maliciously citcolated falsehood cart its this case 1 am a properohject of human punishmeet ; and since no evil intsntion has been proved agaitist m a , in the sacred name of Justice I demand to he set tree. I have (sae more topic to-urge upon your Lordships, and I have done. It. is not 'be cause my opinions are contrary to your own, that they are therefare wroog—it is not because you may think there subversive of all human so ciety, that they deserve to he punished:---yon will too say so—do not, my , Lords, act as if you thought it. A man may hold the doctrines of the - right o f resistance to established Governments_ of the want of obligation in an oath—of the false hood of the Scriptures —or the non-existence of a • feture state—and yet remain a loyal and obe dient subject ; he may be a man of his word, a humble worshipper of God, and regular in the discharge of all his duties as a man and a citizen, lf, my Lords, you could punish such a mats for his opinions, or the publication or . Isis opinions, you would have beheaded a Russell, burned the Martyrs, and poisoned is Socrates.—You will tell me, perhaps, that the manner in which the sub lects you deem sacred have been discussed, is ob jected to—you will say that set ions subjects have been assailed with.low and vulgar ridicule, and that such a mode of attack upon such subjects is tint to be tolerated. Answer me, my Lords, does not this remark indicate a weakness in your cause ? —Does it not intimate that you dread lest Chris tianity should suffer in the conflict ?—And yet you say that yours is the - cause of truth. Aly Lords, 4‘ great is truth and will prevail." All that I demand is a free and fair trial for it—a trial in which the odds shall be less unequal than at present—a dungeon and a mitre. Beware, my Louis, how you hinder the progress of !nob, by artificial mounds of your erection, and by limiting its flow, are found sup porting error and disseminating.moral danger and moral death. Truth will prevail ; and the greater the multitude of ancient prejudices heaped against it, the more omnipotent will it appear. The gathering - waters may be pent within the moon tains, but when they have sufficiently accumulated, they w ill force themselves a passage, and rush down strum the plain. If my opinions are of men, they must come to nought; but take heed, my Lords, lest haply ye he found fighting against God. My Lords, it Christianity berme, this prosecution is a libel upon its truth. The individuals who have prosecuted me have misunderstood its nature-. They seem to have supposed, that like the-religion of Mahotnet, it may be propagated by force. They have for gotten that it is said of that Jesus whom they call its author, that he declared, " my kingdom is not of this wurld"—that when one of the disciples drew Isis sword, and smote one who was sent to apprehend him, and cut off his ear in defence of that kingdom, that he commanded, " put up thy sword into its place, for they that take the sword shall perish by the sword." They seem to have forgotten that their Apostle Paul has said, " The weapons of our warfare are not carnal, but mighty throtagh God to the pulling down of atroug holds." AI) , Lords, is this true ? Are these the prin. ciples of Christianity What can be more op posed to its propagation and deleoce by force, by dungeons, and by fines ? My Lords, I am a -Briton ; and if, as it is boasted, Christianity is part and parcel of the common law of the land, I claim my interest in the protection it may chance to afford. Spew, my Lords, that it contains the principles you profess. The in dividuals who have promoted this prosecution call the Inquisition anti-Christian ;---they see the mote witich is in their brat bees eye, but consider not the beam that is its their own eye. They forget that under what they call a brighter day, they are anti-Christian too ;—and that to the utmost of their power they display this day, the 'spirit which would kindle the flames of Smithfield, and iluminate our minds by the burning bodies of our brethren. I therefore, my Lords, expect, that if you act upon the principles of justice or religion you will command me to be set tree. Such were some of the !cowling topics of the dettodant's address. The ATTORNEY-GENRRAL addressed a few ob stirvations in aggravation of punishment, many of *MO were a repetition of what be delivered to the Jury at the trial. He contended that it was evident the detindant had a meaner motive than a desire of enlightening the public mind, by the salt of these blasphemous publications, namely, that o putting money into his pocket, for it ap peared that since December last lie had sold, by his own admission, 3000 copies of one work alone, and the Court might reasonably conclude that the sale had been much more extensive. - Mr. GURNEY, in the prosecution instituted by 'the Society for the Stzppreision of Vice, also dressed some sttotig observations in aggravation of punishment. The Cover having deliberated upon fbe ease for some minutes, Mr. Justice BAYLEY, addressing the defend-ant, observed, that it Was now his painful . duty - to pass upon him the sentence oT the Court. He had been convicted for the , publication of two works notorious for their blasphemy, and their tendency to undermine the -religious faith of the country, as well as destroy that hope of a future state which was founded upon it. It had with justice been observed, that this prosecution was Con ducted fir a work, not as against` God, but as against moo.' The crime of 'blasphemy was one of the most serious offences known to our law.— That law allowed a free toleration to all. It int posrd 4 religious creed upon no man, but lvft him to .woesliip, his Creator in that way W . dirch most accorded with the dictates of his own con science. The Courts of Justice could not inter fere with atny doctrines which he confined to . his own breast, or the truth of which he discussed with calum n ies, acid rearm); but he could. not be pertnieted rashly to unsettle the faith of others.- 7 -- The Public were protected from such attempts di rected against the very frame of society. It he '(Carlile) haul succeeded to the extent of his en deavonts, what might have.been the effects upon society ? and how much might not be have 'had to answer for at another tribunal ? Neither of these work, was originally his (the defendant's) own ; but (he was proud to say, for the credit of this kingdom) were the productions of another country. One had been already twice under dis cussion in a Court of Justice, and was certainly not written in a spirit of temperate inquiry. Om the contrary, it grossly traduced a moral and re ligious code, from the belief and practice of which mankind had derived the most extensive advan tages. Let any one calmly contemplate the doc trines of Christianity, let him examine the mild ness of its principles and purity of its morals, and he thought it impossible that, in the fair exercise of his reason, lie should not be induced to admire and adopt it. Every principle it contained tended to benefit society : it said, " Love your neigh botir as yourself," " Do unto all as you would they should do unto you ;" and on the observ ance of these moral and social virtues, it built the assurance of eternal rewards. The force and; sanction of oaths were derived from Religion, and upon their inviolability depended the safety of all those institutions under which we enjoyed happiness and freedom. The King himself took . an oath which bound him to a certain line of con duct, which formed Lai title to the obedience of his subjects. How else could property bo secured or crimes punished, but for the sacred influence of oaths over witnesses and juries I The admi• uistration of justice must stand or fall with the respect in which they (oaths) were held. The same benefit is extended to the public by the oaths which persons in his (the Judge's) capacity took when they entered upon their functions, and he lived the country would long continue to en. joy it. It was strange that the defendant should conceive he was beat fitting mankind by removing , the securities and obligations by which their con duct was regulated. With regard to the subj-ct of intention, it was doubtless their duty to inquire into it ; but God only was acquainted with the inward man ; and the power of human tribunals could go no further to ascertain it, than by judg ing of his actions, and the effects produced by them, The defendant had likewise adverted to the proper object of all punishments. These were intended not only f or th e re f orm and correction of a particular offender, but his example to deter others from offending. In the present case it was sufliCient ly manifest, that a great profit had been derived from his publication, and that although not in a very extensive business, the defendant bad sold 3,000 co pies in less than a year. If a sordid motive were apparent, it should have the same influence upon others to disappoint arid tdeter them. Not with standing the obstinacy which had been mani fested throughout by the defendant, he had co joyed the benefit of the most ttieut hearing that had ever done honour to a Court of Justice. For the sake of the people at large, the bulk of whom load not leisure fairly to examine those sacred doe. :rives which had been reviled, the Court felt hemseives bound to award a severe punishment, Perhaps the defendant himself might have been dissuaded from pursuing the course he had adopt. ed, had he previously and carefully perused the works of Addison, Soame Jennings, and Lord Lyttleion, whom be had mentioned because they were Laymen, and had considered the evidence of our religion iu different points of view. His Lordship Concluded by pronouncing the sentence in these words : " The sentence of the Court upon you, Richard Carlilc, is, hat for the first offence of which you have been found guilty, ;he publication of Paine's Age of Reason, you pay a tine to the Tiring of 1,0061. and be imprisoned for Two Years in the County Gaol of Dorset, in the Town of Dorchester ; and that fur the second offence, the publication of Palmer'. Princi ples.of Nature, yon pay a further fine to the King of 5001.; and be further imprisoned for one year in the said gaol at Dorchester. And you be further imprisoned enlil those fines are paid, and also untitiou give seciiiity,.yourseif in the suns of %eV, atuftwo others in (he sunslof 11,01. each, thtet:yoti be of the peace and good behaviour for the term of your na tural life." Carlile bowed, and was then conducted out of Court. On his way through Westminster-hall, where a number of idle fellows, of apparently the lowest order, had collected, he was greeted with a mixture of !tunas and hisses. Immediately after the sentence was pronounced, a writ of levari facias was issued to take posses sion of such of the defendant's property as could be found upon his premises in Fleet-street. In an hour afterwards, property to the amount, as is supposed, of 6001. was taken in part satisfaction of the fines imposed on the defendant. After the defendant left the Court, the CHIEF JUSTICE said publicly, It is proper to observe, that the publication of many parts of the defen dant's address to the Court will he unlawful. CRIMINAL INFORMATION Mr. DENMAN moved for leave to file a criminal information'against J. A. Borran, &q. the ‘Var ringron Magistrate, for refusing to take deposi tions in support of an application for a warrant. The application Was made on the' affidavit of Pearson, the Attorney, stating that he proceeded on the 26th of October to Mr. Botran, at War rington, to prefer a charge of felony against one of the Manchester Yeomanry Cavalry, whom be accused of wantonly and maliciously cutting Tho mas Richardson, shortly atter the Meeting in Pe ter's field, Manchester. It was stated that Ri chardson was walking quietly in the ?freer, when the Yeoman rode up and made a cut which nearly separated his nose. The deponent, Pearson, at tended with witnesses to support the charge, hut. Mr. Borran refused to receive the depositions, say ing he declined any official interference with re gard to individuals who could not he separated from the case of the Manchester Magistrates. He declined receiving the depositions on legal grounds. Mr. DeNmAN contended, that Mr. Barran was obliged, by the Ist and 2d. of Philip and Mary, to take cognizance of the !offence ; and in re fusing to take the depositions, he had been guilty of a neglect of dory. He cited " The King v. Brook," 2 T. Reports, in support of his motion. The Court granted a rule to spew cause. TIIEATRICAL REGISTER. Perlianted Last Night. THEATRE ROYAL, DR LI EY - LANTE.—The Deyirt Bridge; Count Mr. Brabant ; Countess Rosalvina, Miss Carew. Alter which, The Sleeping Drag; ht. Tu EATRE ROYA L, COVENT-GA RDEN.—She Stoops to Conquer; Young Alntli.w, Mr. C. Kemble; Miss Hardcastley Miss Brunton. After which, Arthur and Emmeline. TO CORRESPONDENTS. RADICAL. REFORM, Dialogue V. To-morrow. Also, A NORTH BarroN, and as many other Favours as convenience will -admit. PRICE OF STOCKS THIS hAT AT rwEt.vi: o'ct.nett• S per Cent. Red. 3 nerCent.Cons 67afit r i f India Bonds is. Bs. pr. 31 per Cent • 7514 f F.xctt. Bills, 2d.... Is. 2s. dis. 4 per Cents. 6 net. Ct. Navy Ann. .. I Caii Cutts. for Ack...nitit .. 67i4i4 Bank Lung Ann. 171 9-16ths MAILS. ARRIVEI):•--i Waterford, 2 Guernsey and Jersey. DuE-2 Gottenburgli, 2 Lisbon, I liamburgb. HIG VI WATER AT LONDON BRIDGE TO•NIORRO W. Montimg, 45 minutes after /. I Evening, 9 minutes after 3. TI E SUN: lOLEM QUIS DICEHE FAISt/ AUDI.; AT ? LONDON, wEDAESDAY, L 'EMBER 17, 1819. We can congratulate the Public on the satis- factory state of the Revenue for the present (war. ter, a considerable increase having already taken place, as compared with the corresponding var. ter of last year. Our City Correspondent states, that a large quantify of New Exchequer Bills, dated October 20, 1819, have recently been put in circulation. The Paris Papers of Sunday last, which were due this n►orning, have not arrived. SURVEY OF BOUNDARY LINE ON LAKE ERIE. BUFFALO, Oct. 5.—A truly distressing time the parties appear to have had, who have been em ployed for the last two months'in the Survey of the Islands of Lake Erie. Of 33 persons, eon.: sisting of Commissioners, Secretaries, Surveyors, Chain bearers, and goat and Ax-men, every in dividual has suffered a serious time of illness, and that too in a place were no medical aid could be procured. We ara happy tolearn, however, that the survey of the. Island to the mouth of the Detroit River has been completed, not with standing their accumulated difficulties, though, from the continuance of the sickness, and in con sequ.:nce of the death of Colonel OGILVY, the surveying Commissioner, Gen. PORTER has been under the necessity of suspending the further o sedition of the work for the present season. Air. THOMPSON, the Astrononlierl Surveyor ot the Bri- tish Commission, has returned with all his patty, who are now on their way to Montreal.— Mr. T. himself, one of the other Surveyois, and all the labourers, except one sick, Major FRASER, Semetary, and Mr. DE Rvss, Draughtsman to W e recommend to the particular attenti on 4( 1 our Readers two L etters wh i ch appear in Paper this day---the one origi na l, froM oar c e N liable Correspondent IGonts, and the (Ab er(se l fotirth page) d e ri ve d f ront a erevineial JOOll/".; Both of th ese L etters , t O l i c h are excellent int/lel, kind, are ca l cu l ate d to operate bene ficiol:4 different cla s s es o f the Peopl e . That 111 I‘) t Butt cont a i ns suc h counse l s as tend to ;0 , : 8 the middling and lower orders, to extlos ° sophistry which has attempted to mi lea ri and to make them contented with their coud iricil , and other, addressed to the Doke of TON, affords some striking lessons and to those of the highest rank, a - gainst sanction io Meetings for the propagation of pet ciples, %dila, if ascendant in the Country/ e° ,l 3 :soon depriv e th em not only of th e i r h on ours 1 possessions, b ut re d uce t h em to unpiticd and misery. 1 AS it is repogozlnt to our di s p osition on to - o i the fal!en, and as the Blasphemer of the por esE i , all that which w as i mme di ate ly O uc e i r safed to us by the Supreme Being, is suffering t' lj ; the violated Laws of his Country, we - shall 11°E present enter into any vindication of the jo llies t) of the punishment which h as b een i nf li cte d the wretched offender CAIII.ILE• We go cel substance of the Sentence vestirday in a Se r°fi e &lido!), and we give a cop i ous account Of E..,, noceedings in Court this day. We cannot far bcar, however, t o ex p ress our regret, that tis v Culprit, inste a d o f ev i nc i ng any sense of ree; tr. ance, deprived hi mse lf of the common poi mankind, by his obstinate perseverance 10 E. ' . attempt to defend his atrocities ! ! ! COURT OF KING'S BRNCII.—..Mr. SwANN, ing been convicted of bribing and corruptiog rs l : TER JEN.KiNS, to give him his vote for the Boro 4 , of Peuryn, was thi s d a y b roug h t up f or j u d g rvel' l t Mr. SWANN put in no affidavits, but spoke fa , some time in miti gat i on o f pun i s h ment. The N r- Tormur•Getkma r u. replied, when Mr. Justice 1341 ; LRY sentenced Mr. SWANN to impristrumentjO b Marshalsea for Ude Year. The Readers of th e P u bli c J ourna l s must, 'S doubt not, have seen with disgust their devo;ed to despicable controversies, almost am""" t ' ing to personal defamation against each other' ''' For our own part, we can confidently say ih % we never refer t o an y C ompet i tor, exccp 10 r eltit and condemn pri nc ipl e* i n j ur i ous to t h e pea co and welfare ot the Country, or to repel 50196 wan , on attack upon ourselves. The (Old) T illie' has long been conspicuous in this conte mptib l e . warfare ; but its attack s upon The C our i e r, for tit s e last two or three d a ys, h ave b een o f so rang ° roils a nature, and of so injurious a tenden c i l. as to subject it to an action at law, which, if we have been tightly informed , 11 ' 6 Prop ietors have been advised to appeal. Wits ever might be the issue of such an swim), it ru dtr at least, expose to the whole world the deoP icfl. We means to which The (Old) Times will res° ll l ; in order to prnm o t e , or sus t a i n , i ts i nteres ts. i f /1 1 Public require inf o rm at i on fawn a Daily Jou rij ` jf f not envious hostility, and rancorous abwe• ( beg: The (Old) Times can refute th e ar gum ents of °' lt Journals, l e t it d o so , an d i ts reputa tion * 41 . 6 rise in prop or ti on ; b u t its attempt to i l ki l) p r the property o f a C ompet i tor, by prodsimil. every day, as i t d oes , t h e di m i n i s h e d sale The Courier, is, we are assured, not 0 1 4 " falsehood, but, as we are assured also, an ' ffe fr e cognizable by l aw . It ao y person aecosten/e— -advertise in a Public Print withdrew his gidlgr' tisement, and stated on oath, in a cart of 143'1' , • that he was induced to do so, depersdiog al ) 111 0 solemn decl a r a ti on o f anot h er JU urna l that sale of the former was lessened, it might fairly inferred that other advertisers bad abandon ed ' °C. toi . glit abandon, it on the same account, and cane lequentiy there would be reasonable cause for in action. The (Old) Times, without tbe lea s t Pr ; vocation on our part, after c o pyi ng The O ria Hat, a Poem, wiiicfli originally appe4ro .0 it V the Ameri can p art y , are s i c k at Black —°c ic o General Ponren, with t h e res id ue o f the An )et- re . party, of which on ly one l a b ourer arc said t o main fit for duty, are daily expec I. w e Itst: ST. ANDRE%V' S (N. B.) ..,SEPT. ff i c that Colonel ARNOLD' atiettwo — othe o — ar ,s the Engineer Department, have arrived i ' ce John's i n th e itrmed brig Chebucto, from theyllwill proceed to Grand Altman, Wit il an l tention of fixing upon some politic)" °ll it Island to fortify. We are happy that Go le il ' is , went have at l engt h tuned their attention to 1 0 important I s l an d, as from its situation it ill ij c j necessarily command the entrance to the BAS 10 Fundy, and in th e resu l t o f a war mus t give party possessing it a decided advaatsge in tbd quarter. : tat ~.. r ° "II 9 fie,, ed 1 3 0 , %Law, A Lti 'PALI "I, 1 , N A 4 ` i 'er b oa at, A:, . 'e arni ar A r , , F o e4 0:11 N ote j a V•• cn ßo ft ftir t: ti lt I () e 1 oil 4 tc)ii Thl er eitc i~ s em , Tr ee 1 p Nove; tIA ter be tub, i I Y'' ria po Tit, IN 11)e. Ject ult. ten of Pen 'def t late L a y, Vay a far belie tr a tt 114 be fi On I lh osi Pear exile, th e ,