The National Register.
London, England, 1819-11-21 00:00:00

FICI'I nous BA IL.

The SoLiciToit-GEnBR•L waved for a rule to show
cause is 4.- Richard Smith, iin attouie. of the Gault,
should tun he called apon 10 line% el' hit mat lets contained
in the ntlidavits of which he .itould state the paiticulxis.
This 0000 800 origin:Ord is all lictluti Coliiinent gig at N
ham, in which a i.ersuti of the name of Drveiel and ut tiers
.ivereplaintiOii, and a ityrson of the name of 1311$1i
Hilt, and afterwards removed by ceitiurari iuW the filug's
Beach. Bail was put in in the names of Ann Aso), ---.
Rowe, and .101111 W heath". Il with opposed oa the ground
that Wheatley was a clerk to Stalin, the delendaries attor-
ney. An affidavit an, then exhibited, dt.U) nig that Wheat.
ley was clerk to smith, and toi,i that hr was a lace-
ker, resident in the town of !Somalian'. This affidavit
purpui led to be SW urn to by San 6 and others. He (the
Solicitor-General) wat now furuishrd wit,, an affidavit,
deposed to by VI heatley himself, setting forth that he had
lint been in N Whitton' at the time rte bad was.buptio•ed to
te given there, but alawat on business for •Sinith ; and that
he was not a lace-maker, but a clerk to Smith.

The LORD J v;i-teu.— YOU bAy that Smith
self joined in the alfithivit whith represented Wheatley to
be n lace-maker, awl out his clerk
The SO LICITOR-Gc% RRA L.—Yes, my Lord.
The LORD CD lER Jusrice.—The wit, doubt we enter.
tain is, whether your ni.dimi is rightly rimmed. Your nth-
davits accuse the man of a crime, nail %mu. cull no. nun In
answer them—that I- to say, wnerlies he is godly or not
guilty of a crime. YOU should have moved for a rule to
snow cause by he shook, list he smirk nil the roll of at-
tunnies.

The SOLICITOR ORNERA L said, he had intended to follow
it up by a motion of that kind, but world be guided by their
Lordships' opinion.—The Jule wits then laketrin the form
uggested by the Court.
TursnAg Nov. 16.
vie XING V. cattLis.E•
The Attorney-Genera! prayed the lodgment of die
Court on the defendant, Richard Carafe, who had beer
convicted of a blasphemous polslioat4ni at the last Air;
Prim sittings in the city of London.
An affidavit Vf p"i in Irlative to the nuatbet and price
of the copies which had been sold.
The Lord ClitefJustice read his notes. of the trial, its
which he cautioin.ly abstained from repeating the blasphe-
mous twitter contain. din the libel.
Mr.l3viiinatt then rose and observed, thatit was not his
object in cow addressing the Court, to oiler any Ming in
the way of extenuating that °Glue of which the deleu.
dant had been convicted, sir fur the purpose of mitipthq
mat poui,liment *lnch the Court might think proper to
Ilis motion uu this occasion should be in attest
of judgment.
The learned Counsel mainly rested his motion on the
ground that as there was a specific statute fur the punish-
ment of blasphemy, the defendant ought to have been
tried tinder that statute, and nut as for an offence at eons-
moirlais , brit

The Lord Chief Justice immediately prononneed lus
oppoott.. -that the NI a !,tt ref.. rred to did not take au ay the
common law. , Its title WAS, " for the more elteettml pie-
venting of blasphemy," His Lordshin here lead the art,
and observed that it specified peculiar ilittabdities, seve-
ral cl were
.of vet), considerable "evenly. The
general rule Was, that no misdemeanor, at common law,
could be repeated, except by the clear intention and ex.
press words of the Legishetnte, in which the other 'Mee
Judges entirely concur' ed.
"I.ltalue el Chief Just ire then read his notes of the seeond
trial, for publishing " Paletter's Principles of Nature.' I
alter which

The
°fiefroc:ant rose, and began by observing, that be
had little to offer in rifit4gat. f poolsl nt, but would
make some rensarka to show why no pinsishineut should
e inflicted ins him. He should, however, 'nuke no refer-
e ure to the books which had been the subject of this pro-
secution--7a prosecution wisi:lt would law:atter be consi-
dered as unwarrantable, but which, Irons its good effects
;you the. ratite country, wonliksldl be viewed ass
rOttnliale occurretive. it had excited A spirit of ice dis-
cussion, and called the reasoning powers of omen into
vise. it nook] hereafter be regarded As casting a stain
and blot vu those tribunals Leto' e which it had beta
Ca uducted,
Mr. Cathie proceeded at great length, denying the
right to pinkish hint toi ills opirriois on sot h a subject, and
It•praltog Ilvise offensive observations on the :scriptures
which he indulged iii during his trial, and which, as we
felt it on' duty to society to supineso au the hist iitstanrer
we shah nut slow ref:old.
After he had concluded the Attorney-General and Mr
(isnot y spoke a aggravation of punishment.
Their Lordsoips then es. osuiled together for a short
time, after which
Mr. Justice BAVI.TY. addressing the dekndant, observssl.
that it was now hit painful duty to pass nisch hint the NOV nce ut

NoV.

the Court.' He had been convicted for the publication of two
smie notorious for their blasphemy, and their tendency to un-
dermine 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 conducted for a
work, not as against God. but v.B against man. The crime of
blasphemy was one cf the most serious (Fences known to our
law. That low allowed a free toletation to all. It imposed a
creed upon no man, but left him to worship hid Creator
i„ two any which most accorded with the dictates of his own
corsciencr. The courts of justice could not interfere with any
noctrines which he confined to his own breast, for the truth of
which he discussed with calmness and reason ; but he could not
be permitted rashly to unsettle the faith of others. The public
were protected from such attempts direct NI against the very frame
of society. if he (faille) had succeeded to the extent of his en-
&furors, what might have been the effects upon society ? and
how much mightatot he have had to answer for at another tribe.
cal ? Neither of these works was originally his (the defendant's)
own but, (lie was proud to say, for the credit of his kingdom)
WtlC the productions of another country. One had been already
twice under public discussion in a court of justice. and was cer-
tainly not written in a spirit of temperate inquiry. On the
contrary. it grossly traduced a moral end religious rode, fmm the
belief and practice of which mankind derived the most eaten-
„iye advantages. I .et any one calmly contemplate the ttoctrines
of Christianity, let him examine the mildness of it. minciples
and purity of its morals, and he thought it imps Bible that, in
the fair exercise of his reason, lie should not be induced to ad-
mire and adopt it. Every principle it contained tended to benefit
society ; it said' •• Love your neighbour as yourself," tt Do
unto others as you would they should do unto soot" and on the
observance iii these moral and social e :sines. it built the assur-
ance of eternal rewards. The force and .arortion• of oaths were
derived from religion. and upon their inviolabilitY•depended the
safety of all those institutions tinder which we enjoyed happiness
and frceticon. The King himself took an oath which boond him
to a certain line of conduct, which formed his title to tilts one-
thence of his subjects. flow else could property be secured or
crimes punithed, but for the sacred influence of oaths over wit.
nessea and juries? The adminietration of justice most stand or
fall with the respect in which they (oaths) were he'd. The same
benefit is extended to due public by the oaths which persons in
his (the Jag...o capacity took when they entered upon their
functions, and he hoped the country would long continue to
enjoy it. It was strangetliat the defendant should conceive he
was benefitting mankind by removing the securities and obliga-
tions by which their conduct was regulated. With regerel to the
subject of intention, it was doubtless their duty to inquire into
it t but God only was acquainted with the inward mall ; and the
payer of human tribunals could go no further to ascertain it.
than by judging of his actions, and ths effects produced by themi
The defendant had likeesisa adverted to the 'umber object of al.
punishments. These were intended' not only for the reformund
correction of a particular offence, but by example to deter others
from offending, In the present ease. it was sufficiently manifest,
that a great profit had been derived from this publication, and
that although sot in a very extensive business, tildefendant had
told 3,breo copies in less than a year. if a sordid motive were
apparent, it should have the same incidence upon others es -dia.
appoint and deter them. Notwithstanding the obstinacy which
had been manifested throughout by the defendant, he hail enjoyed
the benefit of the most patient hearing that had ever done honor
to a court of justice. For the sake of the people at large, the
bulk of whom had not leisure f irly to examine those sacred
uoctrines whicishad been reviled, the ('anti felt themselves bound
to award a severe punishment. Perhaps the defendant himself
might have been dissuaded from pursuing the course he had
adopted, hail he previously anyl carefully perused the works of
Addison, Strome Jennings,eand Lord Lyttleton„ whoin he had
mentioned because Met; were laymen. and had considered the
evidenac of out religion in different points of vi-w. Ili. Lord •
ship conch' led by 'pronouncing the sentence in those words :
•• The sentence of the Court upon you. Richard rarlile. is, that
for the first offence of which you have been found guilty,. the
publication of Point's Age of Reason, you pay a line to the
Xing of i.n pal. and be immisoneil for two e•ears in the county
gaol of Dorset, in the town of Idorchesier ; and that for the
second oflince, the publication of Pahne,'s PrineipV, of Nw
tare, you pot a further fine to the King of Stiol.; and he further
imprisoned toe one e ear in the said gaol of Dorclo•Nier. And
you be further imprisoned until those line., are paid, and also
you gi‘esecurity, yourself in die sum of imool., and two others
in the sum of tool. each, that you be of the peace and good be •
liaviour for the term of your natural life."
Carlile bowed. and was then conducted out of Court. On his
way through NVestneinster-hall, where a number of idle fellows.
of apparently the lowest order, had collected, he was greeted
with a mixture of huszaa anti hisses.
The Court was thronged to excess from an early hour .
LEDINGs NIANCHEwTER.

Mr, ill ',WA?. moved fora role 1.1•11VW came why ir egi
mina' ion', on .lien be tiled against I.lln Arthur
Homo, esti one of the Justices of the Peace in and for
the flood. palatine of Lancaster, for having, For fear, for
vonr, or affection. refined to hear and esat ll iii e el roam
witnesses, tends.' ed to him to give evisit tore touching and
coneertiitog • certain felony alleged to have hero commit-
ted within the said county of Loncartet and for ha. log
• efoist d, or neglected to grant, a Vlarlltlit for the along,.
;minion of thriverson so then and there eh:ogee' with snot
felony as aforesaid. The motion, he olt.es founded
oat the affidavit of Charles Pearson, geolletioun, Al tipirggry.
%appalled by show of Iwo other nelsons; our named
Richard.* n, w leo had been wont at Manchester: and
the other, K. Kinsmen, ho had witnessed the to ansartion.
The afit.las it :fated, that OH the Y6lll of October, the first
den*, i.l attended at IVai newton, where the said John
Arthos norms. Esq. acted all Justine of the Pea ; this
he 111(.1..111111d the deposition of Itictiardvnti, which was
to this effect ; —That on the iolth of August, the deponent
.1,061) was walking quietly through a certain street
in Illaneltester when he was islet and attacked by
( the name of the tocr,oti charged was not given), a mem-
ber of the Yenmaiii y Cavalry of Ma•teloester ; that the
said Yeoman cat at I with his swoid, lis which hr se-
eeived a w 1 w hick serried his nose t ransrei set) : that
other blows were aimed at him Isy the PAM!• otioAro, lay
which his hat was deeply eat ; that he (the deponent, fil-
-1 illlf4111011)11411 given no provocation to the said Yeoman,
and had *lone nothing which could call for sect. an attack
on him. Th affidavit fusilier stated, that at ilie time the
deponent (sir. Pearson) stated this fart to Mr Boom.,
the arnie•aill deponent (Richardson) was in attendance,
wed really to give his information on oath : as were also a
person named R. Rinsmer, 11110 had witnessed the trans
refloat and soother pet son, an old man, salon was steady
to depose on oath to anc•lser violent attack haring been
snide nom. hill/ by the said Yeoman. These (in:on:maw
tea, the deponent (Pcarsoa) mentioned to Mr. 800 ran.
android. d tiptoe him in his official capacity to intetfrsr,
mid lake Ilse depositions, mid grant a warrant fir the
ripper-hi smith of she person so charged. 'En Ibis Mr. B.
made rents, otghsg several reasons viloy lie did not
wish so tuft it-est.. .mil ainsui.s ushers, giveni the hollowing
—" Shah be (She said J. A. BOlfall. long ) ds dined any
official interference with regal d to individnals who could
with diectdtz be separated (rota the Maneliesttr magic
tratea."'