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

roa TM. SUN.

ilia. Eurroa-1 have heard, that under saint.
old Act of Parliament, made in the time of Queen
ANria I believe, all the scenes in all the Theatres
are to be subjected to baties upon Paper and
Canvas Hangings. I am very far from question-
ing, at this time, the legality of the point ;
though perhaps ornaments of this kind may not
be exactly of the saute description as thoe which
were intended by the Legislature as objects of
xatiou—the permanent decoiation and comfort of
dwelling•rooms ; but upon the principle of equity,
and indeed disctetion, I would submit that so
strict an application of the Statute old() not be
altogether expedient.
For while I fully allow, that the administra-
tors of the Revenue are bound to see it rendered
as prioductive as the object of the Legislature
cleatly intended it should, I cannot understand,
tbak for the sake of encreasing tl)at productive-
ness, the purview of the particular Statute should
be urged beyond its probable intention. And,
unless its very words warrant, and even enjoin,
such an interpretation, I wonld humbly submit
that their application of the enactment. of the
duty on paper and canvas hangings ought not to
be carried beyond our dwelling•houses into our
Th'eatres. It is by no weans a financier's office
to discover all the possible means whereby, under
the construction of the law, and in the absence
of precise and positive directions, the Revenue
may gain an increase.

That office, a!so, 'is blended with the higher
functions of a States:usu.—There are sometimes
more important questions to consider than the
mere increase of the Revenue; and, as money_ is
not in itself the main pod, sometimes we may
be bound to inquire whether a greater good
should be sacrificed for it.

As the duty has never been enforced, every one
will concede the hardship of subjec►ing to it the
scenery already painted, and certainly the old
scenery which has lain fur many years
,almost,
not wholly, unused. Even this should not be
subjected, unless under some very precise enact-
ment indeed ; wherein it is recognized by nAtne.
And, in the absence of enactments thus positive,
I cannot persuade myself that the mischief of the
measure would not more than counterbalance all
its profit.

Our Theatres are not so wonderfully prospe-
rous, that they cats afford an additional burthen.
They give bread to a multitude of persons; they
support the Arts, and they assist the Revenue,
sufficiently already to render any diminution of
their assistance a serious evil. But they are use-
ful, and at this time especially, in a manner still
more signal. When the popular mind is upon the
ferment—when the popular eve is every where
ready to see, and the popular ear ready to catch
an exaggerated mischief, would it he is'ise, even
if the pecuni:try protii were certain and perma-
tit nt, would it, I say, be wise to hazard the well-
being of those places of amusement, which keep
the people ft out 1.1.,.es of danger ?—lt is, better
that a man should see a moral y, or even ti
foolish Pantomime, at the Theatre, than hear .Se-
&dot) and 'Blasphemy in a Club-i wise. While
he is amused at the one, we may be sure that he
is not misled at the other.

The Roman Legislators acted with this wis-
dom. The -Roman People, coupling patient et
circenses in the same wish, looked upon their
tomf and their sports withequal interest. Aud
Tie truly must have a mind, n.ot only very unbend-
ing, but very tmintellectual, who would les4en
the stock of puhli,t amusement, while it inr;.eases
the chance of public tranquillity.
Upon these grounds, 'Sir, earnestly wish,
that the enforcement of au old and indeed dor-
mant impost may not be too strictly revived
against our NationalTheutres.

SCENICUS.

COLLIIIR3 AT ToLt.caoss.—Agreeably to
,adver-
tisement, a meeting of tite operative Colliers was
held at Tolicross, on Saturday, to express their
sentiments on the late proceedings.at Alanches-
, ter; and also to concider, the best means of ob.
twining Parliamentary Reform.' The number
' present was supposed to be 2,000. After the
appointing of a Chairman, various persons ha-
raogued the Assembly. The first spoke with great
warmth against those in Manchester, who had
" cruelly butchered man, woman, and etild."
He said that the effnits to put down public meet-
ings would not succeed. " The Romans, under
the ancient tyrant, TIBLUIIUS, lost their right
to assemble on public questions ; but we
will never cease to assemble together, and the
God of Liberty will give the victory not to
the, strong, but to the just. Let its, therfore,
heartily unite in demanding our long-lost liberties ;
and may that flame light us which blazed at Mara-
thon, and now burns so brightly on the plains of
South America." After several speeches equally
learned, and distinguished by a poetical brilliancy
little tube expected from so black an assemblage,
resoltitions ;be usual sort were carried Undlii-
wously, and votes of thanks passed to the Chief
Reformers. The Meeting then disperstd peace-
ably.

It seems rather_strange, and not a little ridicul-
ous, that Mr.. VIVNENHOFF, who, by Mr. BEAN'S
;ICknOWledgCMellt, is an Actor of great abilities,
should have given up his engagement at Drury-
lane Theatre, because Mr. I(EAN's name must
appear in large letters upon the Play-hills, or that
I. KEAN should insist Orin that ungracious dis-
tinction, and thereby prevent the Metropolis from
possessing a first-rate Performer.

Mr. Mootte, the Member-for Coventry, has, it
seems, actually embarked in the conduct of what
was originally called the Royalty Theatre, and
Air. RAH is the Stage Director, as well as Chief

CARLILE'S SECOND TRIAL.

COLTIVr Or BENCIi, GUILDHALL, OcT. T 5.

[FULL PAHTICULARS.]

THE KING V. VICHARD CARLILE.
The trial of this defendant, upon the second
indictment, which was instituted by the Society
for the SuppresSion of Vice, was fixed for this
morning. It is founded upon another of those
biasphetnous publications with which ihe coun-
' try has recently been innudared, and of which,
like Paine's Age Of Reason, a vast Dumber have
obtained citculation. It is entitled, " Principles
of Nature ; or a Development of the Moral
Causes of Happiness or Misery among the Hu-
man Species. By liiihu Palmer." It was origi-
ginally printed in America, and reprinted by the
defendant in Londan. The Author, we under-
stand, is blind, and dictated his impious opinions
to his daughters.
Out the opening of time Court this morning,
there were very few persons present, and those of
a very motley appearance.
At a quarter atter nine,• Mr. GURNEY and
the other Counsel for the prosecution, together
with Mr. •Pritchard, the Secretary to the Society
for tire Suppression of Vice, entered the Court.
Mr. Cathie soon after made his appearance, at-
tended by the Officers. He brought with hint- a
bag, containing various papers, and was again
accompanied by persons car•r•ying a considerable
number f books, among which were the
and several of the works to which he haul ulre•ady
referred.

At half-past nine, the CHIEF JusTrca took his
seat. " The King v. Car!tie" was called on, and
Mr. Bellamy called over the names of those who
were summoned on the Special dory. The fol-
lowing Gentlemen only answered to their names :
John Sanderson, of Broad-street-buildings.
John Christopher, of New Broad-street.
William Linwood, of Biliiter-square.
Mr. GoItNEY having prayed a Tales, the fol-
lowing Cominon Jurymen were called, and en-
tered the ht,x :
Jones Niessc ntger
Chas. Letterman
Benj. Denham, jun.
E.iw. Proctor
Chas. Grosvenor

W. Young
J,,seph Wernich
Wm. Bolden
1 John Robins.

Mr. Carlile, before the Jury was sworn, ad-
dressed the Court, and said--•' Before the Jury is
sworn, I beg to ewer my protest against the
legal competency of this Court to try this ques-
tion. I believe I have the I.herty of rejecting
some of the Talesmen, if I think proper."
The Chief jtistice—Foi cause.
Mr. Cathie—lt is the trial of a matter of

The Chief Justice—lt must he for a legal
etittte.

Mr. Car I know one of the Talesmen to
be opposed to my opinions.
The Chief Justice—That is no sufficient cause.
Opinions upon such a subject as thi4 !
Mr. Cariile sat down, evidently disappointed.
The Jury ‘veie (lieu severally sworn.
IMr. Marryat then opened the. indictment,
which charged the defendant, that he wickedly
devising and intending 10 bring the Holy scrip-
tures and the Christian Religion into contempt,
itid Pubikly a certain scandalous, impious, and
profane libel, of and concerning the Holy Scrip-
tures and Christian lieligion.—The defendant had
pleaded Not Guilty, and this was the issue to be
tried.

Mr. GURNEY said, the short deseription given
of the indictment by his Learned Fr lend, was
sufficient to apprise the Jury of the mature of the
crime imputed to the defendant, and of the im-
portant and momentous question on which they
would have to decide. The prosecution was in-
stituted by the Society for the Suppression of
Vice--a Society which had very much benifitees
the public, by prosecuting, and through prosecut-
ing putting down many of those licentious publi-
cations which could not but prove highly injurious
to public morals, and especially so to•those of the
rising generation. They had thought the reli-
gion of their country, the foundation of all its
morals, not less entitled to their pretection, than
its morals themselves, and therefore, when a pub-
lication directed against the Christian religion ap-
peared, and was openly and ostentatiously sold in
this metropolis, in the shop of the defendant,
which was named " The Temple of Reason,•and
the Office of the Republican and Deist,'' they had
felt themselves called upon to put down that at
tack upon the Christian religion, which, if it could
succeed, would take away the cement by which all
the civil institutions of the country were held to-
gether. They had, therefore, proceeded against
this and another book, and a (we bill having
been found by the Grand Jury against the work
which was the subject of this prosecution, it was
for the Gentlemen he had the honour to addresfi
to decide, whether or riot the defendant was
guilty of that which lad been charged against
him. The indictment imputed to him the crime
of " wickedly and profanely devising and in-
tending to bring the Holy Scriptures and the
Christian Religion into disbelief and contempt."
He was described to have " nola w folly and
wickedly published, and cerise(' to be published, a
certain scandalous, impious, blasphemous, and
profane libel, of and concerning the Holy Scrip-
tures and the Christian Religion " He (NI r.
Gurney) had now before him the book so charged ;
and he would very speedily give the Jury the
means of deciding whether it did not well warrant
the charge made against the defendant. The de-
fendant had this day protested against the com•
peteucy of the Court to try this question. After
this he did not know what offender in future might
not challenge the competency of the Court before
which he might be required to answer for his
actions. He did not know but those accused of
theft, murder, or unnatural offences, might here-
after take the same course, and deny the autho•
rity of the Court appointed to try there. He should
be asked, he supposed, by what law the defendant
was this day to be tried. He would answer, by the
ancient, by the well known, and universally recog-
nized common law of Etugland, by that law which
existed before we had a single statute on our books,
by that law wl:ich protected all our civil rights—
by that law which protected our property from the
hands of the thief, our houses from being invaded
by the robber, our lives trout being assailed by

the assassin, and our nature from being violated
for the gratification of unnatural lust. Their,
minder, and other crimes . were punished with
death, and with lighter penalties, under that law,
and had been so for ages ; and yet it would seem
they were now to be told that common law was
no law at all, by those who were disposed to set
all laws at defiance. The book which was the
Subject of this prosecution, it should seem, was
not originally printed by the defendant, hot it Lad
been reprinted by him, and was entitled " 'I lie
l'rineiples of Nature, or a Developetnent of tha
Moral Causes of tiappincss and Alisery among the
Human Species." It purported to have bend
written by one Min Palmer, of New York,
and to have gone through several editions in Ame-
rica. Whether this were true, or whether it were
entirely take, lie knew not, and he cared not.
It was sufficient for hint that he found the de-
fetu'ant publishing it with his own hands, and
evidently for no other purpose than that charged
in the indictment. It had been his p.lintul duty
to read it, and
,with the exception of that infa-
•mous work which had occupied the Court for
some 'days, never had he met with any thing so
bon ible. lie did not know but in some passages
it exceeded in depravity even the work to which
he had alluded. The 4th chapter was entitled
" The Bible, or the Sacred Writings of the Jews
and Christians;" and that no doubt tuiltt remain
of the object with which it had been written, he
would ;cad to the Jury the introduction to that
(ihapter, in order to prose that nothing could alter
or explain away the charge.
He then read the following introduction to the
subject of the 4th chapter :

" Among all nations that have pretended to any kiad of
literary improvement, there have always been found ambiti-
ous, designing, and fanatic men, who are impelled by one or
the other of these considerations to become leaders or influ-
ential characters among the beings who surround them. Su-
periority of talents or improvemeots, commoit Med a pound of
hope and strong belief, that they should succeed in an attempt
of this hind. Advantage was taken of human ignorance; and
the most destructive and erroneous plans were introduced
and established by length of time and the force of authority.
In nations not at all, or very little improved, tradition has
supplied the place of sacred writings, and they have been
equally time dupes of those unprnicipled chieftains who have
assumed authorm v over them. Moses and Mahomet governed
their followers with a rod of iron, and a 'military despotism.
They were savage and ferocious amen, crafty and intriguing,
and they knew how to subject to their wilt the stupid but un-
fortunate tolicmers, who were devoted to their views. If
Jesus was more mild, benevolent, and temperate, it was be-
cause he had less power, and because his disposition was less
cruel and resentful. His followers, when clothed with power,
have not paid a very high compliment to t heir master, for tins
history of their conduct evinces the most malignant designs,
and the earth has been drenched in blood, to defend that. sys-
tem of religion, of which the meek and lowly Jesus is reputed
to be the author."

But tor the purpose of reviling the Scriptures
and the Christian religion, be would osk if it were

„ .
icossible that any man could have coupled the
name of one of the greatest characters that God
bad sent to benefit mankind, with that of one of
the greatest impostors that had ever appeared its
the world, Moses with Mahontm ? Little, how-
ever, could the Jury expect, even from this pre-
paration, what was to follow. He then read the
first count of the indictment, containing the al-
leged blasphemous matte' respecting our Saviour.
The conclusion to which the 'elites came, at the
close of the chap,er, was, ":hat the believers of
the Bible were obliged to have recourse to his
Majesty, to prove it the holy work it was asserted
to he, instead of being an unmoral book.” Such
was the character which this author had been
pleased to throw out against the Sacred Writ-
logs. Painful as it was to him, to read, and as it
must be to the Jury and to every religious man to
hear, more of this language, he most procieed to
read other passages charged in the indictment.—.
The writer had proceeded in the same spirit,
and almost in the same words of another writer,
to whom he had had occasion to allude, to speak,
of the mysterious incarnation of our Saviour.--
,[Hete Mr. Gurney read the passages from the work
set forth in the second count, iu which the imma-
culate conception is spoken of in the most disgust-
ing terms imaginable.]—This, they were to be
told, was the freedom with which the principles
of the Christian religion ought to be discussed—
this was the mode of examination that was to
be vindicated es essentially connected with the
Liberty of the Press. There was, however, an-
other extract that he must read, which, if possi.
hie, was still worse.—[He then read the fourth
count, setting forth language condemning, in the
strongest and most offensive terms, the Old Tes-
tament, and the pi ineiples of our Savaiour ]-I.le
could not forbear het e from tepeating the expressive
language which had been used by one of the great-
est scholars that had ever lived, who, possessing
all those ioquisitions which could he made in this
world, added to that which was commonly called
learning, the most intimate knowledge of the lan-
guages and manners of the East. That distin-
guished individual, whose life was the best com-
ment on his writings, and who had possessed him-
self of such stores of learning as perhaps no other
man could ever boast beside—Sir W. Jones, had
declared with his dying breath, that such was the
value he attached to the Holy Scriptures, inde-
pendent of their Divine origin, that he consider-
ed them to possess more sublimity and beauty—
more historical inform.ition, and mote strains
of exalted eloquence, than could be found
in all the other books that had ever been publish-
ed. This was the ppinion he had given of that
Bible which had been so outrageously calumniat-
ed. This was the opinion of a man who could
not but have weight from Iris extensive knoW-
ledge and unsullied virtue ; and to "testimony
was 110( to be shaken by the opinions and asser-
tions of the present defendant, or any other igno-
rant infidel. He then resurAd the reading of the
count, which he had not finished before, to show
that Moses, Mahomet, r.ud cote Sa imtr—natilt
that ought to he contrasted and not cottipare(;)
with each other, had, this wools, been lin•
piously associated. Having read the- remainder
of the passages-alluded to, he proceeded. The
Gentlemen of the Jury would perceive that the
defend int had described hilts who descended to
the earth fur the redemption of man, and to preach
peace and good-will to all, to be a m aderer iii
principle. He would now appeal to them if he had
improperly spoken of this work, when he stated

that if posbible, it exceeded in iniquity another,
of the Ettuocily ut which no doubt cotibi be enter.

The defendant bad said the present wad,.
a iinestio,n of opinion. Ilad that been the
arena in which theological combatants were to

Initecd.

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 was 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 andeinfidelity,- 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 the Li-
bertv of the Presel No ; such never was, and
itt a country goyetned by lav!, such never 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.leiGUSIMi!, 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."