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
ma, 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 of 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 calumnies, 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 for the reform 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