diff options
| -rw-r--r-- | 39055-0.txt | 396 | ||||
| -rw-r--r-- | 39055-0.zip | bin | 54032 -> 0 bytes | |||
| -rw-r--r-- | 39055-8.txt | 2586 | ||||
| -rw-r--r-- | 39055-8.zip | bin | 53904 -> 0 bytes | |||
| -rw-r--r-- | 39055-h.zip | bin | 126311 -> 0 bytes | |||
| -rw-r--r-- | 39055-h/39055-h.htm (renamed from 39055-h/39055-h.html) | 370 | ||||
| -rw-r--r-- | 39055-pdf.zip | bin | 270816 -> 0 bytes | |||
| -rw-r--r-- | 39055-rst.zip | bin | 113592 -> 0 bytes | |||
| -rw-r--r-- | 39055-rst/39055-rst.rst | 2272 | ||||
| -rw-r--r-- | 39055-rst/images/cover.jpg | bin | 66029 -> 0 bytes | |||
| -rw-r--r-- | 39055.txt | 2587 | ||||
| -rw-r--r-- | 39055.zip | bin | 53876 -> 0 bytes |
12 files changed, 4 insertions, 8207 deletions
diff --git a/39055-0.txt b/39055-0.txt index aa95e55..79b7334 100644 --- a/39055-0.txt +++ b/39055-0.txt @@ -1,28 +1,4 @@ - THE TRIAL OF HENRY HETHERINGTON - - -This eBook is for the use of anyone anywhere at no cost and with almost -no restrictions whatsoever. You may copy it, give it away or re-use it -under the terms of the Project Gutenberg License included with this -eBook or online at http://www.gutenberg.org/license. - - -Title: The Trial of Henry Hetherington - -Author: Henry Hetherington - -Release Date: March 05, 2012 [EBook #39055] - -Language: English - -Character set encoding: UTF-8 - - -*** START OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF HENRY -HETHERINGTON *** - - - +*** START OF THE PROJECT GUTENBERG EBOOK 39055 *** Produced by David Widger. @@ -2209,372 +2185,4 @@ feelings, and this will produce a powerful redaction. ———— -*** END OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF HENRY HETHERINGTON -*** - - - - -A Word from Project Gutenberg - - -We will update this book if we find any errors. - -This book can be found under: http://www.gutenberg.org/ebooks/39055 - -Creating the works from public domain print editions means that no one -owns a United States copyright in these works, so the Foundation (and -you!) can copy and distribute it in the United States without permission -and without paying copyright royalties. Special rules, set forth in the -General Terms of Use part of this license, apply to copying and -distributing Project Gutenberg™ electronic works to protect the Project -Gutenberg™ concept and trademark. Project Gutenberg is a registered -trademark, and may not be used if you charge for the eBooks, unless you -receive specific permission. If you do not charge anything for copies of -this eBook, complying with the rules is very easy. You may use this -eBook for nearly any purpose such as creation of derivative works, -reports, performances and research. They may be modified and printed and -given away – you may do practically _anything_ with public domain -eBooks. Redistribution is subject to the trademark license, especially -commercial redistribution. - - - -The Full Project Gutenberg License - - -_Please read this before you distribute or use this work._ - -To protect the Project Gutenberg™ mission of promoting the free -distribution of electronic works, by using or distributing this work (or -any other work associated in any way with the phrase “Project -Gutenberg”), you agree to comply with all the terms of the Full Project -Gutenberg™ License available with this file or online at -http://www.gutenberg.org/license. - - -Section 1. General Terms of Use & Redistributing Project Gutenberg™ -electronic works - - -*1.A.* By reading or using any part of this Project Gutenberg™ -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all the -terms of this agreement, you must cease using and return or destroy all -copies of Project Gutenberg™ electronic works in your possession. If you -paid a fee for obtaining a copy of or access to a Project Gutenberg™ -electronic work and you do not agree to be bound by the terms of this -agreement, you may obtain a refund from the person or entity to whom you -paid the fee as set forth in paragraph 1.E.8. - -*1.B.* “Project Gutenberg” is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few things -that you can do with most Project Gutenberg™ electronic works even -without complying with the full terms of this agreement. See paragraph -1.C below. There are a lot of things you can do with Project Gutenberg™ -electronic works if you follow the terms of this agreement and help -preserve free future access to Project Gutenberg™ electronic works. See -paragraph 1.E below. - -*1.C.* The Project Gutenberg Literary Archive Foundation (“the -Foundation” or PGLAF), owns a compilation copyright in the collection of -Project Gutenberg™ electronic works. Nearly all the individual works in -the collection are in the public domain in the United States. If an -individual work is in the public domain in the United States and you are -located in the United States, we do not claim a right to prevent you -from copying, distributing, performing, displaying or creating -derivative works based on the work as long as all references to Project -Gutenberg are removed. Of course, we hope that you will support the -Project Gutenberg™ mission of promoting free access to electronic works -by freely sharing Project Gutenberg™ works in compliance with the terms -of this agreement for keeping the Project Gutenberg™ name associated -with the work. You can easily comply with the terms of this agreement by -keeping this work in the same format with its attached full Project -Gutenberg™ License when you share it without charge with others. - -*1.D.* The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are in -a constant state of change. If you are outside the United States, check -the laws of your country in addition to the terms of this agreement -before downloading, copying, displaying, performing, distributing or -creating derivative works based on this work or any other Project -Gutenberg™ work. The Foundation makes no representations concerning the -copyright status of any work in any country outside the United States. - -*1.E.* Unless you have removed all references to Project Gutenberg: - -*1.E.1.* The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg™ License must appear -prominently whenever any copy of a Project Gutenberg™ work (any work on -which the phrase “Project Gutenberg” appears, or with which the phrase -“Project Gutenberg” is associated) is accessed, displayed, performed, -viewed, copied or distributed: - - This eBook is for the use of anyone anywhere at no cost and with - almost no restrictions whatsoever. You may copy it, give it away - or re-use it under the terms of the Project Gutenberg License - included with this eBook or online at http://www.gutenberg.org - -*1.E.2.* If an individual Project Gutenberg™ electronic work is derived -from the public domain (does not contain a notice indicating that it is -posted with permission of the copyright holder), the work can be copied -and distributed to anyone in the United States without paying any fees -or charges. If you are redistributing or providing access to a work with -the phrase “Project Gutenberg” associated with or appearing on the work, -you must comply either with the requirements of paragraphs 1.E.1 through -1.E.7 or obtain permission for the use of the work and the Project -Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -*1.E.3.* If an individual Project Gutenberg™ electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any additional -terms imposed by the copyright holder. Additional terms will be linked -to the Project Gutenberg™ License for all works posted with the -permission of the copyright holder found at the beginning of this work. - -*1.E.4.* Do not unlink or detach or remove the full Project Gutenberg™ -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg™. - -*1.E.5.* Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg™ License. - -*1.E.6.* You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including any -word processing or hypertext form. However, if you provide access to or -distribute copies of a Project Gutenberg™ work in a format other than -“Plain Vanilla ASCII” or other format used in the official version -posted on the official Project Gutenberg™ web site -(http://www.gutenberg.org), you must, at no additional cost, fee or -expense to the user, provide a copy, a means of exporting a copy, or a -means of obtaining a copy upon request, of the work in its original -“Plain Vanilla ASCII” or other form. Any alternate format must include -the full Project Gutenberg™ License as specified in paragraph 1.E.1. - -*1.E.7.* Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg™ works unless -you comply with paragraph 1.E.8 or 1.E.9. - -*1.E.8.* You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg™ electronic works provided -that - - - You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg™ works calculated using the method you - already use to calculate your applicable taxes. The fee is owed to - the owner of the Project Gutenberg™ trademark, but he has agreed to - donate royalties under this paragraph to the Project Gutenberg - Literary Archive Foundation. Royalty payments must be paid within 60 - days following each date on which you prepare (or are legally - required to prepare) your periodic tax returns. Royalty payments - should be clearly marked as such and sent to the Project Gutenberg - Literary Archive Foundation at the address specified in Section 4, - “Information about donations to the Project Gutenberg Literary - Archive Foundation.” - - - You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg™ License. - You must require such a user to return or destroy all copies of the - works possessed in a physical medium and discontinue all use of and - all access to other copies of Project Gutenberg™ works. - - - You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - - - You comply with all other terms of this agreement for free - distribution of Project Gutenberg™ works. - - -*1.E.9.* If you wish to charge a fee or distribute a Project Gutenberg™ -electronic work or group of works on different terms than are set forth -in this agreement, you must obtain permission in writing from both the -Project Gutenberg Literary Archive Foundation and Michael Hart, the -owner of the Project Gutenberg™ trademark. Contact the Foundation as set -forth in Section 3. below. - -*1.F.* - -*1.F.1.* Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -public domain works in creating the Project Gutenberg™ collection. -Despite these efforts, Project Gutenberg™ electronic works, and the -medium on which they may be stored, may contain “Defects,” such as, but -not limited to, incomplete, inaccurate or corrupt data, transcription -errors, a copyright or other intellectual property infringement, a -defective or damaged disk or other medium, a computer virus, or computer -codes that damage or cannot be read by your equipment. - -*1.F.2.* LIMITED WARRANTY, DISCLAIMER OF DAMAGES – Except for the “Right -of Replacement or Refund” described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg™ trademark, and any other party distributing a Project -Gutenberg™ electronic work under this agreement, disclaim all liability -to you for damages, costs and expenses, including legal fees. YOU AGREE -THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF -WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. -YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR -UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, -INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE -NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. - -*1.F.3.* LIMITED RIGHT OF REPLACEMENT OR REFUND – If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium with -your written explanation. The person or entity that provided you with -the defective work may elect to provide a replacement copy in lieu of a -refund. If you received the work electronically, the person or entity -providing it to you may choose to give you a second opportunity to -receive the work electronically in lieu of a refund. If the second copy -is also defective, you may demand a refund in writing without further -opportunities to fix the problem. - -*1.F.4.* Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you ‘AS-IS,’ WITH NO OTHER -WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO -WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. - -*1.F.5.* Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of damages. -If any disclaimer or limitation set forth in this agreement violates the -law of the state applicable to this agreement, the agreement shall be -interpreted to make the maximum disclaimer or limitation permitted by -the applicable state law. The invalidity or unenforceability of any -provision of this agreement shall not void the remaining provisions. - -*1.F.6.* INDEMNITY – You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg™ electronic works in accordance -with this agreement, and any volunteers associated with the production, -promotion and distribution of Project Gutenberg™ electronic works, -harmless from all liability, costs and expenses, including legal fees, -that arise directly or indirectly from any of the following which you do -or cause to occur: (a) distribution of this or any Project Gutenberg™ -work, (b) alteration, modification, or additions or deletions to any -Project Gutenberg™ work, and (c) any Defect you cause. - - -Section 2. Information about the Mission of Project Gutenberg™ - - -Project Gutenberg™ is synonymous with the free distribution of -electronic works in formats readable by the widest variety of computers -including obsolete, old, middle-aged and new computers. It exists -because of the efforts of hundreds of volunteers and donations from -people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need, is critical to reaching Project Gutenberg™’s goals -and ensuring that the Project Gutenberg™ collection will remain freely -available for generations to come. In 2001, the Project Gutenberg -Literary Archive Foundation was created to provide a secure and -permanent future for Project Gutenberg™ and future generations. To learn -more about the Project Gutenberg Literary Archive Foundation and how -your efforts and donations can help, see Sections 3 and 4 and the -Foundation web page at http://www.pglaf.org . - - -Section 3. Information about the Project Gutenberg Literary Archive -Foundation - - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the state -of Mississippi and granted tax exempt status by the Internal Revenue -Service. The Foundation’s EIN or federal tax identification number is -64-6221541. Its 501(c)(3) letter is posted at -http://www.gutenberg.org/fundraising/pglaf . Contributions to the -Project Gutenberg Literary Archive Foundation are tax deductible to the -full extent permitted by U.S. federal laws and your state’s laws. - -The Foundation’s principal office is located at 4557 Melan Dr. -S. Fairbanks, AK, 99712., but its volunteers and employees are scattered -throughout numerous locations. Its business office is located at 809 -North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email -business@pglaf.org. Email contact links and up to date contact -information can be found at the Foundation’s web site and official page -at http://www.pglaf.org - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - - -Section 4. Information about Donations to the Project Gutenberg Literary -Archive Foundation - - -Project Gutenberg™ depends upon and cannot survive without wide spread -public support and donations to carry out its mission of increasing the -number of public domain and licensed works that can be freely -distributed in machine readable form accessible by the widest array of -equipment including outdated equipment. Many small donations ($1 to -$5,000) are particularly important to maintaining tax exempt status with -the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations where -we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular state -visit http://www.gutenberg.org/fundraising/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make any -statements concerning tax treatment of donations received from outside -the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other ways -including checks, online payments and credit card donations. To donate, -please visit: http://www.gutenberg.org/fundraising/donate - - -Section 5. General Information About Project Gutenberg™ electronic -works. - - -Professor Michael S. Hart is the originator of the Project Gutenberg™ -concept of a library of electronic works that could be freely shared -with anyone. For thirty years, he produced and distributed Project -Gutenberg™ eBooks with only a loose network of volunteer support. - -Project Gutenberg™ eBooks are often created from several printed -editions, all of which are confirmed as Public Domain in the U.S. unless -a copyright notice is included. Thus, we do not necessarily keep eBooks -in compliance with any particular paper edition. - -Each eBook is in a subdirectory of the same number as the eBook’s eBook -number, often in several formats including plain vanilla ASCII, -compressed (zipped), HTML and others. - -Corrected _editions_ of our eBooks replace the old file and take over -the old filename and etext number. The replaced older file is renamed. -_Versions_ based on separate sources are treated as new eBooks receiving -new filenames and etext numbers. - -Most people start at our Web site which has the main PG search facility: - - http://www.gutenberg.org - -This Web site includes information about Project Gutenberg™, including -how to make donations to the Project Gutenberg Literary Archive -Foundation, how to help produce our new eBooks, and how to subscribe to -our email newsletter to hear about new eBooks. +*** END OF THE PROJECT GUTENBERG EBOOK 39055 *** diff --git a/39055-0.zip b/39055-0.zip Binary files differdeleted file mode 100644 index bc1818f..0000000 --- a/39055-0.zip +++ /dev/null diff --git a/39055-8.txt b/39055-8.txt deleted file mode 100644 index 6a7a2c4..0000000 --- a/39055-8.txt +++ /dev/null @@ -1,2586 +0,0 @@ - THE TRIAL OF HENRY HETHERINGTON - - -This eBook is for the use of anyone anywhere at no cost and with almost -no restrictions whatsoever. You may copy it, give it away or re-use it -under the terms of the Project Gutenberg License included with this -eBook or online at http://www.gutenberg.org/license. - - -Title: The Trial of Henry Hetherington - -Author: Henry Hetherington - -Release Date: March 05, 2012 [EBook #39055] - -Language: English - -Character set encoding: ISO-8859-1 - - -*** START OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF HENRY -HETHERINGTON *** - - - - -Produced by David Widger. - - - - - *THE TRIAL OF HENRY HETHERINGTON* - - _By_ - - *Henry Hetherington* - - _On an Indictment for Blasphemy_ - - - - - - -CONTENTS - - - A FULL REPORT OF THE TRIAL OF HENRY HETHERINGTON - THE TRIAL - INDICTMENT - Second Count: - Third Count: - Mr. Bult opened the proceedings - DEFENCE - OBSERVATIONS - Extract from The Sun Newspaper - "TO LORD DENMAN, ON THE LATE PROSECUTION FOR BLASPHEMY - - - - -A FULL REPORT OF THE TRIAL OF HENRY HETHERINGTON - - -ON AN INDICTMENT FOR BLASPHEMY, - -LORD DENMAN AND A SPECIAL JURY, - -ON TUESDAY, DECEMBER 8, 1840; - -FOR SELLING HASLAM'S LETTERS TO THE CLERGY TO ALL DENOMINATIONS: - -THE WHOLE OF THE AUTHORITIES CITED IN THE DEFENCE, AT FULL LENGTH. - -LONDON: - -PRINTED AND PUBLISHED BY HENRY HETHERINGTON, 1-26, STRAND; - -AND SOLD BY ALL BOOKSELLERS. - -1840 - -Price Sixpence. - -To - -JAMES WATSON, - -BOOKSELLER, - -THE FRIEND OF TRUTH, THE INFIDEL TO ERROR, AND THE LOVER OF LIBERTY, - -THIS TRIAL - -IS DEDICATED, - -IN PROOF OF THE AFFECTIONATE ATTACHMENT THAT SUBSISTS BETWEEN TWO -FRIENDS, WHO FULLY RECOGNISE AND ACT UPON THE PRINCIPLES AVOWED AND -CONTENDED FOR IN THE FOLLOWING DEFENCE; AND AS A TRIBUTE OF ESTEEM, - -TO GOD'S NOBLEST WORK--AN HONEST MAN! - -BY HIS FAITHFUL FRIEND, - -HENRY HETHERINGTON. - - - - -THE TRIAL - - -COURT OF QUEEN'S BENCH, December 8, 1840. - -Sittings at Nisi Prius at Westminster, before Lord DENMAN and a -Middlesex Special Jury. - -PROSECUTION FOR BLASPHEMY. - -THE QUEEN Versus HETHERINGTON. - -This was a prosecution instituted by Her Majesty's Attorney-General, Sir -John Campbell, against Henry Hetherington, bookseller, of 126, Strand, -for the publication of a blasphemous libel. - - - - -INDICTMENT - - -Of Easter term, in the Third Year of the Reign of Queen Victoria. -Middlesex:-- - -Be it remembered, that on Tuesday, the twenty-eighth day of April, in -the third year of the reign of our sovereign lady Victoria, by the grace -of God, of the United Kingdom of Great Britain and Ireland, Queen, -Defender of the Faith, in the court of our said lady the Queen, before -the Queen herself at Westminster, in the county of Middlesex, upon the -oath of twelve jurors, good and lawful men, of the said county of -Middlesex, now here sworn and charged to inquire for our said lady the -Queen for the body of the same county; it is presented as followeth, -that is to say, Middlesex to wit. The jurors for our lady the Queen upon -their oath present, that Henry Hetherington, late of Westminster, in the -county of Middlesex, bookseller, _being a wicked, impious, and -ill-disposed person_, and having no regard for the laws and religion of -this realm, but _most wickedly, blasphemously, impiously, and profanely -devising and intending to asperse and vilify that part of the Holy Bible -which is called the Old Testament_, on the third day of February, in the -third year of the reign of our sovereign lady Victoria, by the grace of -God, of the United Kingdom of Great Britain and Ireland, Queen, Defender -of the Faith, at Westminster aforesaid, in the county aforesaid, did -publish, and cause to be published, a certain scandalous, impious, and -blasphemous libel, of and concerning that part of the Holy Bible which -is called the Old Testament, containing therein, amongst other things, -divers scandalous, impious, and blasphemous matters of and concerning -that part of the Holy Bible which is called the Old Testament, according -to the tenor and effect following, that is to say, "What wretched stuff -this Bible (meaning that part of the Holy Bible which is called the Old -Testament) is, to be sure! What a random idiot its author must have -been! I would advise the human race to burn every Bible they have got. -Such a book is actually a disgrace to ourang outangs, much less to men. -I would advise them to burn it, in order that posterity may never know -we believed in such abominable trash. What must they think of our -intellects? What must they think of our incredible foolery? And we not -only believe it, but we actually look upon the book as the sacred word -of God, as a production of infinite wisdom. Was insanity ever more -complete? I for one, however, renounce the book; I renounce it as a vile -compound of filth, blasphemy, and nonsense, as a fraud and a cheat, _and -as an insult to God,"_ to the great displeasure of Almighty God, to the -great scandal, infamy, and contempt of that part of the Holy Bible which -is called the Old Testament, to the evil example of all others, and -against the peace of our said lady the Queen, her crown, and dignity. - - - - -Second Count: - - -And the jurors aforesaid, upon their oath aforesaid, further present, -that the said Henry Hetherington, devising and intending as aforesaid, -on the eleventh day of February and year aforesaid, at Westminster -aforesaid, in the county aforesaid, did publish, and cause to be -published, a certain other scandalous, impious, and blasphemous libel, -of and concerning that part of the Holy Bible which is called the Old -Testament, containing therein, amongst other things, divers scandalous, -impious, and blasphemous matters of and concerning that part of the Holy -Bible which is called the Old Testament, according to the tenor and -effect following, that is to say, "One great question between you and me -is, 'Is the Bible (meaning that part of the Holy Bible which is called -the Old Testament) the word of God, or is it not? I assert that it is -not the word of God, and you assert that it is; and I not only assert -that it is not the word of God, but that it is a book containing more -blunders, more ignorance, and more nonsense, than any book to be found -in the universe," to the great displeasure of Almighty God, to the great -scandal and contempt of that part of the Holy Bible which is called the -Old Testament, to the evil example of all others, and against the peace -of our lady the Queen, lier crown, and dignity. - - - - -Third Count: - - -And the jurors aforesaid, upon their oath aforesaid, further present, -that the said Henry Hetherington, further devising and intending as -aforesaid, on the day and year last aforesaid, at Westminster aforesaid, -in the county aforesaid, did publish, and cause to be published, a -certain other scandalous, impious, and blasphemous libel of and -concerning that part of the Holy Bible which is called the Old -Testament, containing therein, among other things, divers scandalous, -impious, and blasphemous matters of and concerning that part of the Holy -Bible which is called the Old Testament, in one part thereof, according -to the tenor and effect following, that is to say, "My object, and I -fearlessly state it, is to expose this book (meaning that part of the -Holy Bible which is called the Old Testament) in such a manner, that the -children of the Stockport Sunday-school will reject it with contempt and -in another part thereof, according to the tenor and effect following, -that is to say, - -"Such a book (meaning that part of the Holy Bible which is called the -Old Testament) ought to be rejected by every one. The human race have -been too long gulled with such trash. Moses was the inventor of this -grand cheat; and although it may have done some little towards -frightening people into what is called morality, the purpose for which -Moses invented it is now out of date, - -"to the great displeasure of Almighty God, to the great scandal and -contempt of that part of the Holy Bible which is called the Old -Testament, to the evil example of all others, and against the peace of -our lady the Queen, her crown, and dignity." - -[Witness] ALEXANDER KERR, - -One sworn in court. - -A true Bill. - -On the names of the gentlemen summoned as Special Jurymen being called -over, only five answered to their names. - -The Attorney-General prayed a tales, when the following were sworn:-- - -The Jury. - -Special-- - -Robert Savage, Esq., 11, Montaguplace, Bloomsbury. - -James Arboine, merchant, 3, Brunswick-square. - -William Fechney Black, merchant, Wilton-place. - -Charles Frederick Barnwell, Esq., 44, Woburn-place. - -Robert Eglinton, merchant, 29, Woburn-square. - -Common Jurors-- - -Charles Ricketts, stove-maker, 5, Agar-street, West Strand. - -William Polden, licensed victualler, Villiers-street, Strand. - -John Osborne, confectioner, 401, Strand. - -John Johnson Ruffell, painter, 24, Church-street, Soho. - -Thomas Reid, baker, 24, Old Compton-street, Soho. - -Charles Phillips, ivory brush-maicer, 20, King-street, Soho. J. Mahew, -baker, 84, Greek-street, Soho. - - - - -Mr. Bult opened the proceedings - - -The Attorney-General said, this was an indictment found by the Grand -Jury of Middlesex, for the publication of certain blasphemous libels. It -appeared to him that all he should have to do, would be to prove the -publication of the libels in question. He had not hesitated for one -moment, when he found there were only five Special Jurymen, to pray a -tales, because it was to him a matter of perfect indifference from what -class of society the Jury was taken. It had frequently been laid down by -the Judges, that to insult and vilify Christianity was against the law. -Publications insulting religion, and addressed to the vulgar and -uneducated, were most dangerous. He would call a witness who purchased -these books in the defendant's shop, the defendant himself being -present; and he should prove that the defendant was rated to that house. -It gave him pain that it should be necessary for the Jury to hear such -shocking attacks as were contained in this publication. It consisted of -a series of letters, and each number was sold for a penny. It was -"Letters to the Clergy of all Denominations" and was, in fact, an attack -upon the Holy Scriptures, particularly on the Old Testament. He should -content himself with reading one extract.--(The learned Gentleman then -read an extract from Letter 8, contained in the first count of the -indictment.) Mr. Hetherington was in person to defend himself: they -would hear what he had to say, and then he (the Attorney-General) would -have an opportunity of again addressing them. - -The following witness was then called and examined by Sir F. Pollock. - -Alexander Kerr, a policeman, bought the "Letters to the Clergy," 5, 8, -and 13, at the shop of the defendant, 126, Strand, on the 5th of -February last. A young man served him. Knows defendant--he was standing -on the threshold of the door at the time; has known him for the last -three years; has seen him repeatedly at the shop. Paid one penny each -for the letters. - -Cross-examined by Mr. Hetherington.--Did not come in his uniform to -purchase them. Came from directions he had received, not from any -reputation the work had acquired. Did not read the fifth number or the -eighth number of the book purchased at the shop. Stated at the Old -Bailey, at the trial of Mr. Cleave, that he had read a copy, but not the -one purchased of defendant. Curiosity induced him to read it. It did not -shake his opinion--it did not make him burn his Bible; quite the -opposite. He is a plainly-educated man. Was instructed to purchase all -he could get at defendant's shop. Purchased other numbers, but did not -read them. The work produced no effect on him to induce him to follow -the recommendations of the author. - -George Sherwill, collector of poor's-rate for the liberty of the Savoy, -proved that defendant was rated for No. 126. - -The libels were then put in and read: first, No. 8 of "Haslam's Letters -to the Clergy of all Denominations," then 5 of the same work, and then -18. - -The Attorney-General said, that was the case for the prosecution. - - - - -DEFENCE - - -My Lord--Gentlemen of the Jury, - -"In rising to vindicate myself from the charge preferred against me in -this indictment, I shall not attempt to justify the language alluded to -by the Attorney-General; but I cannot refrain from expressing my -surprise that the Government, after having encouraged the circulation of -cheap knowledge upon all subjects,--in Penny Magazines and Penny -Cyclopaedias,--should have placed me on my trial upon such a flimsy -charge as this--for flimsy it undoubtedly is, when, out of a work -comprising nearly 500 pages, the Attorney-General can only find one -passage,--that in the eighth Letter, which is, I admit, expressed in -very improper language,--whereon to found an indictment. I contend that -it is impossible to say where a person is to stop in his inquiries. If a -person is permitted to reject one tenet, another may reject another; and -there is no reason why another should not go on, and reject the whole. -In the whole work there is not one disrespectful word about -Christianity; it is a rejection of the miracles ascribed to Moses in the -Old Testament, which have been indignantly rejected by many learned men. -The work was not intended as a scurrilous attack, but as an inquiry into -the effects of the usages of society, founded upon the Old Testament. -The object of Mr. Haslam was benevolent; and however much he might err, -he was not criminal. He undertook to prove to the clergy that they were -all in error that the doctrines they are teaching to the people are -false, absurd, and irrational; that they are directly contrary to -reason; and that, so long as they are preached to the people, so long -will the people be vicious, wretched, and unhappy. - -"The Attorney-General has only read the objectionable passages: I will -read a few passages from Mr. Haslam's first Letter, which will enable -the Jury to understand the nature of his work, and appreciate his -motives. Having frankly stated his object, he proceeds:-- - -"You, no doubt, will feel concerned at this; you will very likely be -angry with me for this daring attempt; you will call me Deist, Atheist, -Infidel, and many other charitable epithets; you will feel unutterable -things towards me; and I shall, no doubt, be subject to the _extreme -charity_ of your _pious_ congregations, who profess to 'love their -neighbours as themselves,' and into whose minds you have crammed -absurdity after absurdity, until they have scarcely room for another. I -shall, no doubt, expose myself to all manner of ill-feeling and -uncharitableness, and to calumnies and lies of every description; but -shall these deter me from making known the convictions of iny mind? -Shall these hinder me from exposing the errors and absurdities which I -see interested men instilling into the minds of the people? Shall these -prevent me from telling the people that they are deceived and imposed -upon, and that their beggary, and want, and wretchedness, are the -consequences of it? Shall these, in short, stop me from exposing the -irrationalities which I see everywhere around me, and which occasion so -much misery and unhappiness to my fellow-men? No, I tell you they shall -not. That power which sent you into the world, sent me into the world -also; and if you have a right to think and speak, I have a right to -think and speak also. I have received an organization for the purpose as -well as any of you; and as long as that organization remains unimpaired, -so long will I tell the world what I think and feel. - -"Why should any of you be angry with me? If I can prove your doctrines -to be false and erroneous, what occasion is there for anger? What can -you want with doctrines that are false? As honest men you ought -immediately to abandon them. Instead, therefore, of being angry with me, -you ought to have the very opposite feeling; for of what service can -error and nonsense be to any man, or any set of men? - -"But if I prove that your doctrines are not only false and erroneous, -but that they occasion a vast amount of mischief to the people; that -they occasion want and vice, and all manner of wickedness, and that, by -removing them from the minds of the people, and substituting truths, all -this want, and vice, and wickedness might be put an end to; if, I say, I -prove this, why should you be angry with me for doing it? Surely you -cannot wish the people to remain in a state of want, and vice, and -wickedness; and yet, if you do not, why should you be angry at me for -showing you the causes of them, and pointing out the means for their -removal? - -"You talk a great deal about morality and religion; you manifest in your -pulpits a great anxiety to spread them amongst the people; but who can -believe you to be sincere, when you resist every attempt to remove the -causes of immorality and irreligion? You must know that effects cannot -be removed without removing the causes of them, and by resisting the -removal of these causes, you evidently show a disposition to keep the -people in wickedness. This wickedness proceeds from certain causes. We -have pointed these causes out to you, and if you will not remove them, -does not that evidently show that you would rather that the people were -wicked? Can there be conclusions more logical? What ridiculous cant it -must be then to talk about morality and religion? - -"My assumption then is, that the belief of every man is given to him -_independently of his will_, and that, therefore, no just power can -punish him for it. - -"Your assumption is the opposite of this; you assert that the belief of -every man depends upon his own will; _that he can either believe in the -Bible, or not believe in the Bible_; that he can either be Christian or -Jew, Mahomedan or Infidel, and that, therefore, God will punish him if -he do not believe in a particular manner. - -"These then, are our respective assumptions--and now let reason, 'the -grand prerogative of man,' determine between us. - -"Gentlemen, contrast the spirit of Mr. Haslam in this passage with the -spirit of my prosecutors. He invokes Reason, 'the grand prerogative of -man,' to determine between them; the Clergy, on the contrary, resort to -prosecution to crush a reasoning opponent. - -"I beg to inform you that I have read the Bible attentively, and that -the more I read it the more reason I see for disbelieving it. - -"The Bible asserts things which the whole of my senses tell me are -false; and if my senses are independent of myself, how can I help -disbelieving it? - -"I know that God gave me my senses; but how can I believe God made the -Bible, when it is directly opposed to these senses? To believe that God -is the author of both, is to believe that God commits absurdities like -yourselves; and to ascribe such a paltry and blundering performance as -the Bible to that power which governs the universe is to dishonour that -power, if any thing can dishonour it. - -"But a man's belief is not only formed independently of his will, but it -is often formed in direct opposition to it. I, for instance, once -believed that the principles which I now hold were false; I used to -argue against them, and even write against them, and my will to -disbelieve them was so strong, owing to their apparent absurdity, that I -used to be delighted when I imagined I had discovered a fresh argument -with which I might overturn them. Continuing, however, to argue, I began -to see their truth; I saw the principles more clearly; I found I had -mistaken them very much; and at last I saw into them as clearly, as -Cobbett used to say, as the sun at noon-day. - -"Now here, you see, my will was to disbelieve these principles; but, -after the process of reasoning was over, I was compelled to alter my -will. This, then, being the case, was that will free? Could I have -continued to disbelieve them, when my convictions told me they were -true? And if I could not, where, I again ask, was my free will? - -"Here, then, is reasoning enough to prove the truth of my assumption; -and now I beg to call your attention to its peculiar effect upon your -various systems of religion. - -"In conclusion, therefore, I beg to call upon you to defend your -doctrines from the serious charges I have here made, and shall continue -to make against them. You may either do it by writing, or by verbal -discussion, whichever you please. But do not continue to act so meanly -and dishonourably, as to preach doctrines to the people which have over -and over again been proved to be false and absurd, and which none of you -are able to defend." - -Gentlemen, you will see by these passages that Mr. Haslam appeals to -reason. He calls upon the Clergy to defend their doctrines, telling them -they may either do it "by writing, or by verbal discussion." The -Government, however, disregarded this appeal; they ought to have called -upon the Bishop of Exeter, and other well-paid bigots of his class, to -come forward and confute Mr. Haslam. But instead of this they prosecute -a bookseller, who had never read a line of the book until this -prosecution. They ought to meet Mr. Haslam with his own weapons; and it -is disgraceful to the Government, which has always advocated the -diffusion of cheap knowledge, to submit to the taunts of the Bishop of -Exeter, and other bigots like him, by instituting these prosecutions for -blasphemy. However we may disapprove of Haslam's doctrines, we cannot -but perceive that he is sincere in his belief. - -Gentlemen, I will, as I proceed, prove to you that the convictions of a -tat which he now believes to be true to have been false. Gentlemen, I -readily admit that the passage in the eighth number is offensively -worded; but I will prove that the free exercise of the right of inquiry -is not, and ought not to be, an offence in law. I will also call your -attention to the hardship of a general bookseller being held responsible -for every book that he sells, and will call your attention to the oath -you have taken, and claim from you that acquittal to which I am -entitled. I claim no exemption from punishment if I sell any obscene -publication,--anything calculated to corrupt or demoralize society,--or -any attacks upon a man's private character; but in cases of the -discussion of abstract truths, is a man to be punished for the -convictions of his mind, which are not in the power of his will? It is -too bad to bring a man into a court of justice on account of a few -solitary passages in a work of this nature. - -Gentlemen of the Jury, our great and popular moralist, Dr. Johnson, has -declared that "Truth is the basis of all excellence." This axiom is so -clear and indisputable, that no intelligent man can hesitate to adopt -it. How, then, can the truth, upon the various subjects interesting to -human beings, be elicited? Not by letting interested men think for us, -but by judging for ourselves--by collecting and examining facts and -arguments, and communicating to society the impressions they -respectively make upon our minds. There is no effectual mode of arriving -at truth, but by the exercise of the right of free inquiry, and the -unrestricted publication of the result of such inquiry. This right has -been deemed of pre-eminent importance from time immemorial, and by men -of all sects and parties; and although corrupt and tyrannical rulers in -the past ages of the world have prosecuted honest men, and endeavoured -to suppress the truth, you will find that in every case to which I shall -call your attention, the intrepid advocates of truth have ultimately -triumphed. Now, Gentlemen of the Jury, I will proceed at once to fortify -myself with a few authorities,--not that I think truth depends upon -great names, however numerous and illustrious they may be, but because I -am determined to advance nothing that is not, in my opinion, strictly -true, and sanctioned and maintained by the greatest intellects of the -age. - -Gentlemen, I will begin with a Bishop. - -"God has given us rational faculties to guide and direct us, and we must -make the most of them that we can; we must judge with our own reasons, -as well as see with our own eyes; and it would-be very _rash, unmanly, -and base_ in us to muffle up our own understandings, and deliver our -reason and faith over to others blindfold."--_Bishop Burnett's -Thirty-nine Articles_, A. 39. - -"Gentlemen of the Jury, will you, by your verdict, consign a man to a -dungeon, because he is too honest and independent to act a '_rash, -unmanly, and base_' part? Will you declare, by your verdict, that -henceforth we shall not '_judge_ with our own reasons, nor _see_ with -our _own eyes_?' I feel confident you will not. - -"_Dr. Whitby_, in his _Last Thoughts_, tells us, "that belief or -disbelief can neither be a virtue or a crime, in any one who uses the -best means in his power of being informed. - -"If a proposition is _evident_, we cannot avoid believing it; _and where -is the merit or piety of a necessary assent?_ If it is _not evident_, we -cannot help rejecting it, or doubting of it; _and where is the crime of -not performing impossibilities, or not believing what does not appear to -us to be true?_" - -Gentlemen of the Jury, can you dispute the truth of the passage I have -quoted from Dr. Whitby? Will you, by your verdict, pronounce it to be -"_a crime_ not to perform _impossibilities_, and endeavour to _force us -to believe_ what does not appear to us to be true?" Gentlemen, you -cannot do it. Let us briefly trace the operations of the human mind, and -we shall find that the mind is governed by a law of necessity. Are we -not definitely and necessarily' affected by the circumstances which -surround us? Have we power to avoid receiving impressions from the -objects presented to us? If we have not, which is now universally -admitted by intelligent men, then the act of _perceiving_, or _forming -ideas_, is a necessary mental operation. Can we, for instance, have an -idea of a man when a monkey is presented to us? Or of colours other than -those which are placed before our visual organs? We cannot, if the eye -be not diseased, perceive red to be green, or green red. The power of -_perception_, therefore, appears to be perfectly involuntary--it is -governed by a law of necessity. - -The next operation of the mind is to form a judgment of the things -perceived; and it is these two things--_perceiving_ and _judging_--which -constitute a man's knowledge or experience. If two bodies of different -magnitudes are presented to our view, are we not compelled to judge of -them according to the impression they respectively make upon the mind? -It is precisely the same with _men, manners, and opinions_. Must we not -conclude that things are what they appear to be, till we know the -contrary? I would appeal to your own experience, Gentlemen, whether you -do not invariably and necessarily judge of men and things according to -their inherent or imaginary qualities? Some men, indeed, are puzzled to -account for the diversity of judgment observable where different men -examine the same subject, and from the same data; but this circumstance -is easily accounted for. It results simply from this fact, that men -judge of things precisely as they appear to them: and the different -judgments formed of the same things are ascribable wholly to the -different degrees of strength in the power of perception, and to the -extent and variety of knowledge previously acquired. _Perception and -judgment_, therefore, appear to be involuntary and necessary. - -Gentlemen, if this be true, is a man who has arrived at conclusions -adverse to the _received opinions_ of society a fit subject of -punishment? If not, how much less so is the bookseller who merely sells -his book? - -Mr. Haslam calls upon the Clergy to enter into the controversy with him, -and to let _reason_ decide between them. Why do not the Government, and -the learned Attorney-General, adopt Mr. Haslam's recommendation, instead -of instituting a prosecution against a bookseller who never read a line -of the book till his attention was called to it by this unjust -prosecution? Why do not the Government,--who patronise penny -literature--who affect to be friendly to free discussion, call on the -Bishop of Exeter, and other well-paid bigots, to defend the Bible -against the assaults of Mr. Haslam? For the learned Attorney-General to -attempt to crush the free expression of opinion by prosecutions of this -nature, is most unjust and impolitic. I maintain that two out of the -three passages read would not support the indictment at all; and the -third passage--set forth in the first count of the indictment--so far -from being blasphemy, declares that the author _rejects the Bible, -because he looks upon it as containing statements that were insulting to -God_. In the passage immediately following that which is prosecuted, the -author admits that the book contains some good precepts, but declares -that he deems mere precepts to be useless. I will take the liberty of -reading the passage to the Jury. - -"I allow that there are some good precepts in it, but I contend that -these precepts are useless. I contend that _all_ precepts are useless. -Of what use have all the precepts in the world been to the human race? -Have they made man wiser, or better, or happier? Have they lessened the -amount of his vice and his misery? 1 contend that they have not. Vice -and misery have been increasing, although these precepts have been more -and more preached to the people. Precepts, reverend ministers of the -gospel, are mere wind; they are as empty as the vapour issuing from the -kettle's spout; they have no effect whatever in making man wise, or -good, or happy; the present wretchedness of the world is a proof of it. -The way, reverend sirs, to make man wise, and good, and happy, is, not -to preach precepts to the people, but to abolish the present irrational -system of individual property; to arrange society in such a manner that -the interest of one man will be the interest of the whole. Until this be -done, all the precepts in the world, preached, too, with all the -eloquence in the world, will never remove man from his present -deplorable condition." - -Gentlemen, you will perceive by this extract that the author is a -socialist. It is not necessary for me to maintain that he is right in -these opinions. All that I have to do is to show that these opinions -were sincerely believed by Mr. Haslam. I have clearly shown that belief -is involuntary. No man can tell one day what his belief will be the -next. In my own person I furnish an instance of this. I married young, -and having formed in my mind a standard of ideal perfection, I -determined that my children should equal that standard, as far as human -means could make them. I tried to effect my object by severity. Acting -upon wrong principles, of course, I failed; but at that time I was young -and ignorant, and believed myself to be right. However, a friend who -knew better than myself, and who had had much experience, lent me Miss -Williams's Letters on the Philosophy of Education, and the reading of -that book put new ideas into my mind. It produced, in fact, a mental -revolution;--I changed my opinion and my system, and did so with the -happiest success. From that time I banished coercion as a principle of -education. I repeat, then, that belief is not voluntary, and that -compulsion is not a good means of producing good belief or good conduct. - -Gentlemen, I will now quote the opinion of Bishop Marsh, as to the -importance of free inquiry. I quote from the Bishops as persons of the -greatest authority on this subject, far greater than the -Attorney-General, or any of his legal brethren. - -"Investigation, it is said, frequently leads to doubts where there were -none before. So much the better. If a thing is false, _it ought not to -be received_; if a thing is true, _it can never lose in the end by -inquiry_."--_Bishop Marsh's First Lecture_. - -Gentlemen, you have heard the opinion of Bishop Marsh. You cannot -suppose that the Bishops are adverse to the Church--they are great -supporters of it, and so, perhaps, might I be if I got so much by it--(a -laugh)--as like circumstances produce like effects. Well, Gentlemen, -Bishop Marsh maintains that "if a thing is _false_, it ought not to be -received; if it is true, it can never lose in the end by inquiry." Why, -then, should the Attorney-General prosecute a person who rejects a thing -that does not appear to him to be true? - -Gentlemen, let me now submit to your attention the opinion of Sir -William Temple. - -_Sir William Temple_ says, "They may make me do things which are in my -power, and depend on my will; but to believe _this_ or _that_ to be true -depends not on my will, but upon the light, and evidence, and -information which I have. And will civil discouragements and -incapacities, fines and confiscations, stripes and imprisonment, -enlighten the understanding, convince men's minds of error, and inform -them of the truth? Can they have any such efficacy as to make men change -the inward judgment they have framed of things? _Nothing can do this but -reason and argument_: this is what our minds and understandings will -naturally yield to, but they _cannot_ be compelled to believe any thing -by outward force. So that the promoting of _true_ religion is plainly -out of the magistrate's _reach_, as well as beside _his office_." - -Here, Gentlemen, you have the opinion of Sir William Temple, that men -cannot be forced to believe anything by outward force and persecution, -so that the promoting of true religion is out of the magistrate's power, -as well as beside his office. This is a most true and proper -declaration; and if the Attorney-General had reflected upon this -passage, I am sure he must have fully appreciated its truth, and then -this prosecution would not have been instituted. I appeal to the learned -Attorney-General, whether my being ruined and sent to a dungeon will -alter the state of things? Will it alter the opinion of Mr. Haslam? Will -it make me believe that I ought to be prosecuted for selling this book; -or that a man has not a right to promulgate his opinions? I am placed in -an awkward position in having to defend a man's right to publish, while -I dissent from some of Mr. Haslam's opinions, and the manner in which he -has thought proper to express them. I have been told that the -Attorney-General is a good kind of a man, who has no wish to press -severely upon persons in my situation; and some friends--not my true -friends--have urged me to forward a memorial to him on the subject of -this prosecution. Now what could I do? There was no way of inducing the -Attorney-General to stay this prosecution, but by pleading guilty; and -although I am well aware that your verdict, if adverse to me, will be my -ruin, yet I would rather terminate my existence on the floor of this -court than plead guilty to this lying indictment, or admit that I am a -wicked, malicious, and evil-disposed person, when I know that to the -best of my judgment and ability I am an upright, honest, -well-intentioned man. If I believed myself to be the man described, in -the indictment--which I must do before I could consent to plead -guilty--I would fly to the uttermost parts of the earth; for a man is -totally destroyed when he has lost all feeling of self-respect, and the -esteem and regard of his friends and associates. - -Gentleman of the Jury, I have yet a host of authorities before me, but I -will not waste time by quoting them; as I am convinced you must now be -quite satisfied, from what I have already adduced, that every Englishman -has an undoubted right to investigate all subjects--whether religious or -political--and to publish the result of the investigation for the -benefit of society at large; but, Gentlemen, in closing what I have to -say on this part of the subject, I beg to lay before you two striking -and convincing passages from Lord Brougham and Dr. Southwood Smith--two -of the most intellectual and eminent individuals of the present day. - -Gentlemen, the first passage I will quote is from Dr. Southwood Smith, -who strikingly and beautifully describes the proper boundary of human -investigation; and I beg the particular attention of the learned -Attorney-General to this passage. - -"There is no proper boundary to human investigation," says the doctor, -"but the capacity of the human mind. Whatever the faculties enable it to -understand, it ought to examine without any restraint on the freedom of -its inquiry, and without any other limit to its extent than that which -its great Author has fixed, by withholding from it the power to proceed -farther. When the means of conducting the human understanding to its -highest perfection shall have become generally understood, this freedom -of inquiry will not only be universally allowed, but early and anxiously -inculcated, _as a duty_ of primary and essential obligation." - -Gentlemen, I now beg you to listen to the extract I am about to read -from _Lord Brougham's Inaugural Address to the University of Glasgow_. - -"As men will no longer suffer themselves to be led blindfold in -Ignorance, so will they no more yield to the vile principle of judging -and treating their fellow-creatures, not according to the intrinsic -merit of their actions, but according to the accidental and involuntary -coincidence of their opinions. The great truth has finally gone forth to -the ends of the earth, _that man shall no more render_ ACCOUNT TO MAN -FOR HIS BELIEF, OVER WHICH HE HAS HIMSELF NO CONTROL. - -"Henceforward nothing shall prevail upon us to praise or to blame any -one for that which he can no more change than he can the hue of his skin -or the height of his stature. Henceforward, treating with entire respect -those who conscientiously differ from ourselves, the only practical -effect of the difference will be, to make us enlighten the ignorance, on -one side or the other, from which it springs, by instructing them, if it -be theirs, ourselves, if it be our own; to the end that the only kind of -unanimity may be produced which is desirable among rational beings,--the -agreement proceeding from full conviction after the freest -discussion."--_Lord Brougham._ - -Gentlemen, after hearing these splendid passages, will it be possible -for you to sanction a renewal of persecution to crush freedom of -opinion? - -Gentlemen of the Jury,--I now come to the next point in the argument. -Having, I hope, successfully proved the right of free inquiry and the -free publication of opinions, I will proceed to show, by a reference to -past events, that it is highly important that this right should be -preserved, and handed down to our latest posterity unimpaired. -Gentlemen, it has been a uniform practice, from the earliest records of -time, to stigmatize those who introduce new truths, or who attack the -existing institutions of a country, as infidels, and to fix upon them -all sorts of opprobious epithets. - -"In all ages _new doctrines_ have been branded as impious; and -Christianity itself has offered no exception to this rule. The Greeks -and Romans charged Christianity with 'impiety and novelty.' In _Cave's -Primitive Christianity_ we are informed 'that the Christians were -everywhere accounted a pack of _Atheists_, and their religion _the -Atheism._' _They were denominated; 'mountebank impostors,' and 'men of a -desperate and unlawful faction.' They were represented as 'destructive -and pernicious to human society,' and were accused of 'sacrilege, -sedition, and high treason.' The same system of misrepresentation and -abuse was practised by the Roman Catholics against the Protestants at -the Reformation. Some called their dogs Calvin; and others transformed -Calvin into Cain,' In France, 'the old stale calumnies, formerly -invented against the first Christians, were again revived by Demochares, -a doctor of the Sorbonne, pretending that all the disasters of the state -were to be attributed to Protestants alone.'"--*Combe on the -Constitution of Man_. - -In our own enlightened country, where the importance of truth--and free -inquiry as a means of its attainment--is beginning to be appreciated, a -different practice should prevail. We ought not to persist in this -unmanly course. Recollect, Gentlemen, the Prophets of the Jews were -_blasphemers_ against the established religions of their day. Did that -deter them from denouncing the idolatry and false religions of the -surrounding nations? Elijah is represented as ridiculing the God of the -Moabites in a most offensive manner: "_And it came to pass at noon, that -Elijah mocked them and said, 'Cry aloud: for he is a god; either he is -talking f or he is pursuing, or he is in a journey, or peradventure he -sleepeth and must be awaked._'" 1 Kings xviii. 27. And in Judea, Jesus -and his Apostles were charged as blasphemers against Judaism, or the -religion established by Moses. We have a remarkable proof of this in the -case of Stephen, recorded in the 6th and 7th chapters of the Acts of the -Apostles. - -"And they were not able to resist the wisdom and the spirit by which he -spake. - -"Then they suborned men, which said, We have heard him speak -_blasphemous_ words against Moses, and against God. - -"And they stirred up the people, and the elders, and the scribes, and -came upon him, and caught him, and brought him to the council, - -"And set up false witnesses, which said, This man ceaseth not to speak -blasphemous words against this holy place and the law: - -"For we have heard him say that this Jesus of Nazareth shall destroy -this place, and shall change the customs which Moses delivered -us."--Acts vi, 10--14. - -And Stephen defending himself before the Council, boldly asks them, - -"Which of the prophets have not your fathers persecuted? And they have -slain them which showed before of the coming of the Just One; _of whom -ye have_ BEEN NOW THE BETRAYERS AND MURDERERS. - -"When they heard these things they were cut to the heart, and they -gnashed at him with their teeth. - -"And they cried out with a loud voice, and stopped their ears, and ran -upon him with one accord, - -"And cast him out of the city, and stoned him." Acts vii; 51, 52, -54,57,58. - -Now, Gentlemen, is it just or politic that the proclaimers of new -truths, and new systems, should be treated in this manner? Would it not -be far more rational to hear what a man has to say, and answer him, than -to "gnash at him with the teeth," to "stop your ears," to "run at him -with one accord," and to "stone him to death?" Can you, Gentlemen, by -your verdict give your sanction to a course of proceeding similar to -that which deprived Stephen of life? All persecution is the same in -spirit--highly unjust and impolitic--whether it be exercised against the -Apostle Stephen, or the humble individual who now addresses you. - -Gentlemen, the supporters of the established religion in the days of the -Apostles, pursued the same course that the bigots of the present day are -pursuing. They applied to the High Priest, or to the Attorney-General of -that day, to prosecute Stephen for _blasphemy_, and stirred up the -people. In the present case the Bishop of Exeter did not stir up the -people, but he stirred up the Government. He sent a packet of papers to -Lord Normanby, who handed them to the Attorney-General, and he appears -to have considered it to be his duty to institute the present -prosecution. The learned Attorney-General, as was the case with the -priests and rulers of the Jews, would not allow any discussion to take -place that was likely to change existing customs. I will do the -Government the justice to say, however, that I do not believe they are -disposed to put a stop to the full investigation of any subject, if -conducted with decency. I readily admit that the passage in the eighth -number of Mr. Haslam's Letters is highly objectionable in -phraseology--it is in very bad taste--but is that a reason for sending a -bookseller to prison, because he has sold a book written in bad taste? -It cannot be--all published works must be left to the fiat of public -opinion to determine their merit. - -Gentlemen, the same spirit was evinced by the wicked and corrupt rulers -of the Jews against the founder of Christianity. They sought false -witnesses against him; but at length, Jesus having spoken out -explicitly, the High Priest rent his clothes, saying, "_He hath spoken -blasphemy; what further need have we of witnesses? Behold, now ye have -heard his blasphemy. What think ye? They answered and said_, *HE is -guilty to death.*" (Matt. 26; 65.) Will you, Gentlemen--a Christian -Jury--considering Christianity part and parcel of the law of the land, -by your verdict say, that Jesus was rightly treated by the Jews? Ought -the constituted authorities of that day to have obstructed the glorious -truths of Christianity, and have put to death the Messenger of Man's -salvation? Unless you deliver a verdict of acquittal, in my case, you in -effect sanction and justify all the cruelties exercised against Jesus -and his Apostles by the rulers of the Jews? - -The learned Counsel for the prosecution will, perhaps, think that there -is no analogy between the cases cited and my own case--that Jesus and -his Apostles introduced truths of the greatest magnitude and importance, -while I am indicted for selling a book that denies the truth of the -Jewish Scriptures. Why, Gentlemen, Dr. Adam Clarke says, "There is some -reason to fear that they (the Jews) _no longer consider the Old -Testament as divinely inspired, but believe that Moses had recourse to -pious frauds_." And, Gentlemen, Jesus and his Apostles denied the -_truth_ of the Jewish Scriptures--_as understood by the rulers of the -Jews_,--and for denying the orthodox and received sense of the Jewish -Scriptures were accused of blasphemy, and received the fate of martyrs! -That cannot be disputed. Was it just, then,--was it politic, I ask, to -settle this controversy by force and cruelty? To _scourg or imprison, -and destroy_ those glorious men who had important truths to impart to -the world? If England has embraced Christianity--and we are not a nation -of hypocrites--let us act upon the spirit of his religion. He says -plainly and emphatically, that we are not to root up error by force or -cruelty. - -In the parable of the tares of the field, he sets forth our duty. "The -Kingdom of Heaven," he says, "is likened unto a man who sowed good seed -in his field; but while men slept, his enemy came and sowed tares among -the wheat, and went his way. But when the blade was sprung up, and -brought forth fruit, there appeared the tares also. So the servants of -the householder came and said unto him, Sir, didst thou not sow good -seed in thy field? from whence then hath it tares! He said unto them, An -enemy hath done this. The servant said unto him, Wilt thou then that we -go and gather them up? But he said, _Nay; lest while ye gather up the -tares, ye root up also the wheat with them_. *Let both grow together -until the harvest.*" Matt, xiii; 25--30. - -When his disciples demanded an explanation of this parable, he said, -"The field is the world: the good seed are the children of the Kingdom: -but the tares are the children of the wicked one: the enemy that sowed -them in the devil: the harvest is the end of the world; and the reapers -are the Angels. The Son of Man shall send forth his Angels, and They -shall gather out of his Kingdom all things that offend, and them which -do iniquity." Matt, xiii; 38, 39. 41. - -Gentlemen, how unjust and impolitic, then, are these prosecutions. Do -they stop the progress of truth? Persecution for matters of opinion is -the same in every case--impolitic--for it never yet succeeded in -stopping the circulation of a correct opinion or a prohibited book? Why -should _Christians_ prosecute men for disbelieving the _Jewish_ -Scriptures, when, according to Dr. Adam Clarke, the Jews disbelieve -parts of the Old Testament themselves? Why should professed Christians -take up and defend that which the Jews themselves reject? Paul, himself, -teaches us that the Jewish law has been superseded by a superior system. -He tells us that the Jewish law "was our schoolmaster to bring us unto -Christ (or Christianity), but after that we are no longer under a -schoolmaster." Gal. iii; 24, 25. - -I can assure the Jury that if Haslam's Letters to the Clergy is an -improper book, it cannot be put down by prosecution; it is far better to -leave it to coldness and neglect. I could give many proofs of this. I am -myself an instance of the inefficacy of prosecution. I have been -prosecuted, as I think with great injustice, for the publication of a -paper called _The Poor Man's Guardian_. Five hundred men was imprisoned -for selling it; I was twice imprisoned, and the circulation of the -paper, thus prosecuted, more than paid my losses; but at last, in the -Court of Exchequer, before Lord Lyndhurst, the Jury found a verdict in -my favour, for I convinced the Jury that the publication was one which -was not against the law. - -The Attorney-General: The Jury found that it was not a newspaper. - -Precisely so: and as soon as it was known that the _Guardian_ was a -legal paper, it went down at once. I could not sell copies enough to pay -the expenses (a laugh). It has been just the same with these Letters; -they have remained unsold till this prosecution, but as soon as it was -known that they were prosecuted, the man who published them could not -print them fast enough. - -Gentlemen, the enlightened Christians of the present day, by sending out -Missionaries to propagate Christianity, are guilty of blasphemy against -the established religion of heathen countries. It would be considered in -England very unjust and cruel if the natives were to seize our -Missionaries, and imprison and ill-treat them. If in this country we are -in the habit of sending out Missionaries to proclaim new truths to -foreign countries--is it not grossly inconsistent and unjust, while -doing this, to punish persons for free investigation at home? In a -recent case, cannon have been fired upon the natives of one of the Tonga -Islands, because they would not receive these Missionaries. The argument -of these Christians is, that truth must be propagated all over the -world--but why stop inquiry at home, while suffering a British -man-of-war to fire upon these islanders, because they would not receive -the new truths of the Missionaries in the way they wished? Is it -wise--is it not highly impolitic, then, to attempt to check the progress -of intellect and human improvement? Can it be done by persecution and -imprisonment? No, Gentlemen, the spirit of inquiry is abroad among the -industrious millions--no subject is too sacred for their investigation. -The mind has burst the fetters imposed on it, in the days of by-gone -ignorance, by the cupidity of interested and hypocritical priests, who -are fully aware that their principles and practices cannot stand the -test of free inquiry. Even Mr. Wesley, the founder of Methodism, saw -that his darling system must ultimately fall before the searching eye of -philosophy and truth. - -_From the Life of the Rev. John Wesley, published in 1792_. - -"Dear Sir,--For your obliging letter, which I received this morning, I -return you thanks. - -"Our opinions, for the most part, perfectly coincide respecting the -stability of the connexion after my head is laid in the dust. This, -however, is a subject about which I am not so anxious as you seem to -imagine; on the contrary, it is a matter of the utmost indifference to -me, as I have-long foreseen that a division must necessarily ensue, from -causes so various, unavoidable, and certain, that I have long since -given up all thoughts and hopes of settling it on a permanent -foundation. You do not seem to be aware of the most effective cause that -will bring about a division. You apprehend the most serious consequences -from a struggle between the preachers for power and pre-eminence, and -there being none among them of sufficient authority or abilities to -support the dignity, or command the respect, and exact the implicit -obedience, which is so necessary to uphold our constitution on its -present principles. This, most undoubtedly, is one thing that will -operate very powerfully against unity in the connexion, and is, perhaps, -what I might possibly have prevented, had not a still greater difficulty -arisen in my mind. I have often wished for some person of abilities to -succeed me as the head of the church I have, with such indefatigable -pains and astonishing success, established; but, convinced that none but -very superior abilities would be equal to the undertaking, was I to -adopt a successor of this description, I fear he might gain so much -influence among the people as to usurp a share, if not the whole, of -that absolute and uncontrollable power which I have hitherto, and am -determined I will maintain so long as I live: never will I bear a rival -near my throne. You, no doubt, see the policy of continually changing -the preachers from one circuit to another, at short periods: for should -any of them become popular with their different congregations, and -insinuate themselves into the favour of their hearers, they might -possibly obtain such influence as to establish themselves independently -of me and the general connexion. Besides, the novelty of the continual -change excites curiosity, and is the more necessary, as few of our -preachers have abilities to render themselves in any degree tolerable -any longer than they are now. - -"The principal cause which will inevitably effect a diminution and -division in the connexion after my death, wilt be the failure of -subscriptions and contributions towards the support of the cause; for -money is as much the sinews of religious as of military power. If it is -with the greatest difficulty that even I can keep them together, for -want of this very necessary article, I think no one else can. Another -cause, which, with others, will effect the division, is the disputes and -contentions that will arise between the preachers and the parties that -will espouse their several causes; by which means much truth will be -brought to light, which will reflect so much to their disadvantage, that -the eyes of the people will be opened to see their motives and -principles; nor will they any longer contribute to their support, when -they find all their pretensions to sanctity and love are founded on -motives of interest and ambition. The consequence of which will be, a -few of the most popular will establish themselves in the respective -places where they have gained sufficient influence over the minds of the -people: the rest must revert to their original humble callings. But this -no way concerns me: I have attained the object of my views, by -establishing a name that will not soon perish from the face of the -earth; I have founded a sect which will boast my name long after my -discipline and doctrines are forgotten. - -"My character and reputation for sanctity is now beyond the reach of -calumny; nor will any thing that may hereafter come to light, or be said -concerning me, to my prejudice, however true, gain credit. - - _"'My unsoiled name, the austereness of my life,_ - _Will vouch against it,_ - _And so the accusation overweigh_ - _That it will stifle in its own report,_ - _And smell of calumny.'_ - -"Another cause that will operate more powerfully and effectually than -any of the preceding is, the rays of Philosophy, which begin now to -pervade all ranks, rapidly dispelling the mists of ignorance, which have -been long, in a great degree, the mother of devotion, of slavish -prejudice, and the enthusiastic bigotry of religious opinions. The -decline of the Papal power is owing to the same irresistible cause; nor -can it be supposed that Methodism can stand its ground when brought to -the test of Truth, Reason, and Philosophy." - -"City-road, Thursday morning. J. W." (1) - - 1. As my defence had extended to a great length, I was anxious - to spare the time of the Jury, and did not, therefore, trouble - them with the whole of this letter. I merely described the - nature of it, and read the last paragraph, being the only - portion applicable to my purpose; but as I deem the letter a - valuable curiosity, and worthy of preservation, I have inserted - it entire. - -Gentlemen, you see Mr. Wesley anticipated that his system must yield to -philosophy, and do you believe the Church of England can stand when -brought to the test of "truth, reason* and philosophy?" A church that -will keep a man in prison nearly two years for 5s. 6d. church-rates? If -you suppress Biblical examination, and the free publication of opinion, -the next step will be to stop inquiry into the _practices_ of the -Church, and to make us all the fettered slaves of the priesthood. No, -Gentlemen; Methodism and Church-of-Englandism are doomed to fall; and -such will be the fate of all systems not based upon the rock of truth. -But, Gentlemen, that is no reason for suppressing inquiry, because the -more the truth is investigated, the more beautiful it will appear. - -Gentlemen, has not our country raised itself to the highest pinnacle of -human greatness as regards civilization and the arts? What rapid -strides--what useful discoveries it has made in the arts and sciences! -Consider its vast achievements in steam navigation--in railroad -travelling--in the improvement of machinery. To such perfection have -they brought machinery, that it is now almost capable of superseding -human labour altogether. If all these magnificent improvements in the -arts and sciences are good to society, and have resulted from free -inquiry--why hesitate to apply it to social, religious, and political -subjects? Are we ever to remain drivellers in religion? The true crime -is that Haslam's Letters are sold at a penny. Why should two-guinea -blasphemers be tolerated and penny ones prosecuted? How can the learned -Attorney-General, whose shelves are, doubtless, adorned with Drummond's -Academical Questions, Voltaire, Gibbon, Volney, and Shelley, uphold this -prosecution; and what must that law be which can find the crime, not in -the contents of the book, but in the fact of its being sold for a penny? -They might for two guineas buy a magnificent book full of blasphemy. The -Attorney-General, in his opening speech, had told the Jury that such -works were "dangerous to society if addressed to the _vulgar, the -uneducated_, and the _unthinking_" but I will appeal to his own witness, -who had read the book, and on whom, an uneducated man, it had proved -inoperative. It had done no mischief: and I hope the Jury will not -consign me to a dungeon for having sold a book which it has been proved -by his own witness has done no mischief. Paul said the Breans were more -noble than those of Thessalonica, because they searched the Scriptures -daily to see whether these things were so or not. The Attorney-General -is about to punish me for doing the same thing. Christ himself said, the -truth shall make you free; but the Attorney-General says the truth--or -that which you believe to be the truth--shall make you a prisoner. In -the parable of the tares, to which I have already referred, Jesus -expressly forbade the rooting up of the tares, lest the wheat should be -rooted up also. He did not recommend persecution, but said let them both -grow together until the harvest. These passages are sufficient to show -that persecution is opposed to the whole spirit of Christianity. - -Gentlemen, I will now call your attention to the law on the subject. In -entering upon this topic, of course I shall labour under a great -disadvantage, because I am unacquainted with legal technicalities and -cases. I will commence, therefore, by reading to you the opinion of -Chief Baron Eyre, in his Charge to the Grand Jury, on the commission for -the trial of persons on the charge of High Treason, in 1794, in the -course of which he made use of these liberal expressions:-- - -"All men may, nay, all men must, if they possess the faculty of -thinking, reason upon every thing which sufficiently interests them to -become objects of their attention; and among the objects of attention of -freemen, the principles of government, the constitution of particular -governments, and, above all, the constitution of the government under -which they live, will naturally engage attention, and provoke -speculation. _The power of communication of thoughts and opinions is the -gift of God; and the freedom of it is the source of all science_--the -first fruits, and the ultimate happiness of all society; and therefore, -it seems to follow, _that human laws ought not to interpose, nay, cannot -interpose, to prevent the communication of sentiment and opinions, in -voluntary assemblies of men._" - -Here, Gentlemen, we have an eminent legal authority, in addition to the -Bishops I have quoted, who declares that "human laws _ought not to -inter-pose_, nay, cannot interpose, _to prevent the communication qf -sentiment, and opinion_." Under what law then can I be condemned? This -prosecution goes a step further than any other has gone; it in effect -declares that you shall not dispute the truth of the Jewish Scriptures, -which I have already shown are superseded by the introduction of -Christianity. Paul declares that the Jewish law was only intended to be -our schoolmaster to bring us to Christianity; but if Christianity, as is -asserted, be part and parcel of the low of England, even then this -prosecution has not a log to stand upon. In the "Life and Correspondence -of Major Cartwright," however, there is a letter from Jefferson, himself -an eminent lawyer, and President of the United States of America, who -had deeply studied the laws of England, in which he has proved the -fallacy of the notion that Christianity is part of the common law, by -showing that the common law had existed long before Christianity was -introduced into this country; and that the axiom had its origin and -foundation in a misquotation and mistranslation of a decision of Justice -Prisot, recorded in the Year Book, substituting the words _Holy -Scriptures_ for _Ancient Scriptures_. Jefferson denominates it a -"judiciary forgery," and I hope your Lordship will to-day confirm -Jefferson's view, and put an end to this illegal iniquity. - -Gentlemen, the passage I am about to quote from Jefferson's letter to -Major Cartwright, contains the opinion of Justice Prisot, in old French, -but I have procured a literal and a free translation, which I will read -to the Jury. Your Lordship can refer to the original in the Year Book. - -"I was glad to find, in your book, a formal contradiction, at length, of -the judiciary usurpation of legislative powers; for such the judges have -usurped in their repeated decisions that Christianity is a part of the -common law. The proof of the contrary which you have adduced is -incontrovertible; to wit, that the common law existed while the -Anglo-Saxons were yet Pagans; at a time when they had never yet heard -the name of Christ pronounced, or knew that such a character had ever -existed. But it may amuse you to show when, and by what means, they -stole this law in upon us. In a case of quare impedit, in the year-book, -34 H. 6, fo. 38, (1458,) a question was made, how far the ecclesiastical -law was to be respected in a common law court? And Justice Prisot, c. 5, -gives his opinion in these words:-- - -"'A tiel leis que ils de seint eglise ont en _ancien scripture_, covient - -"'_To such laws which they of the holy church have in ancient writing, -it is proper_ - - nous donner credence; car ceo common ley sur quels touts manners - -_for us to give credence; because that is the common law on which all -sorts of leis_ - -sont lor ds--et auxy, Sir, nous sumus obligs de conustre leur ley de -saint - -_laws are founded--and thus, Sir, we are obliged to know their law of -the holy_ - -eglise; et semblablement ils sont obligs de conustre nostre lev: et, -Sir, si - -_church; and in like manner they are obliged to know our law; and, Sir, -if_ - -poit apperer or nous que Tevesque ad fait come un ordinary fera en -tiel - -_it can be shown thus to us that the bishop has done as a layman would -in such_ - -cas, adonq nous devons ceo adjuger bon, ou auterment nemy,' &c.(1) See -S. C, - -_a case, then we ought this to judge good, or otherwise not at all._ - - 1. _Translation read to the Jury._ - -Fitzherbert's Abr. qu. imp. 89. Brown's Abr. qu. imp. 12. Finch, in his -first book, c. 3, is the first afterwards who quotes this case, and -misstates it thus, 'To such laws of the church as have warrant in _holy -scripture_ our law giveth credence,' and cites Prisot, mistranslating -'ancien scripture' into 'holy scripture;' whereas Prisot palpably says, -'to such laws as those of holy church have in _ancient writing_ it is -proper for us to give credence to wit, to their ancient written laws. -This was in 1613, a century and a half after the dictum of Prisot. -Wingate, in 1658, erects this false translation into a maxim of the -common law, copying the words of Finch, but citing Prisot. Wingate's -Maxims, 3; and Sheppard, tit. 'Religion in 1675. copies the same -mistranslation, quoting the Year-book, Finch and Wingate. Hale expresses -it in these words, 'Christianity is parcel of the laws of England.' - -"It is proper for us to respect the laws which the members of the holy -church have in _ancient manuscripts_, because they are the general -source from which all laws are drawn. Thus, Sir, it is necessary for us -to be acquainted with ecclesiastical law, and in like manner the judges -of the ecclesiastical courts are obliged to understand our law: in -consequence, Sir, if it can be shown to us that the ecclesiastical court -has decided as a court of civil law would have done in the same case, -then we ought to deem the judgment good; but if a civil law court would -have decided otherwise, the judgment of the eclesiastical court must be -deemed erroneous." - -"Ventr. 293. 3 Keble, 607, but quotes no authority. By these echoings -and reechoings from one to another, it had become so established in -1728, that in the case of the King v. Woolston, 2 Strange, 834, the -court would not suffer it to be debated, whether to write against -Christianity was punishable in the temporal courts at common law. Wood, -therefore, 409, ventures still to vary the phrase, and says, 'that all -blasphemy and profaneness are offences by the common law,' and cites 2 -Strange. Then Blackstone, in 1763, IV. 59, repeats the words of Hale, -that 'Christianity is part of the law of England,' citing Ventris and -Strange: and finally, Lord Mansfield, with a little qualification, in -Evans's case in 1767, says, 'that the essential principles of revealed -religion are parts of the common law,' thus engulphing Bible, Testament, -and all, into the common law, without citing any authority. And thus we -find this chain of authorities hanging link by link one upon another, -and all ultimately on one and the same hook; and that a mistranslation -of the words 'ancien scripture,' used by Prisot. Finch quotes Prisot; -Wingate does the same; Sheppard quotes Prisot, Finch, and Wingate; Hale -cites nobody; the Court, in Woolston's case, cites Hale; Wood cites -Woolston's case; Blackstone quotes Woolston's case and Hale; and Lord -Mansfield, like Hale, ventures it on his own authority. Here I might -defy the best-read lawyer to produce another scrip of authority for this -_judiciary forgery_; and I might go on further to show how some of the -Anglo-Saxon priests interpolated into the text of Alfred's laws, the -20th, 21st, 22nd, and 23rd chapters of Exodus, and the 10th of the Acts -of the Apostles, from the 23rd to the 29th verses. But this would lead -my pen and your patience too far. What a conspiracy this between Church -and State! Sing Tantararara, Rogues all, Rogues all; Sing Tantararara, -Rogues all!" - -Gentlemen, after hearing this statement from the pen of an educated and -eminent lawyer, can you hesitate to return a verdict of acquittal? You -have now a complete history of this "_judiciary forgery_" as Jefferson -terms it, before you; and I am satisfied that that which originated in a -_fraudulent mistranslation_, cannot, now that the fraud is detected, -long retain the force of law. On this ground, then, I confidently claim -your verdict. - -Gentlemen, I now come to the trade argument--that it is a great hardship -and injustice to hold a bookseller responsible for the contents of the -books he sells. - -I am a general bookseller; and so great is the competition, and so fully -is my time occupied, that I have no time to spare for reading the -various works in my shop, even if I had the inclination. My excellent -and amiable son, before his death, and before I had any idea of this -prosecution, drew up a paper for the management of my business, by which -it appears that upwards of seventy weekly periodicals pass through my -hands every week, besides books and many other periodicals that are -merely collected to order. Amongst them will be found every possible -variety--"The Church of England Magazine," "The Sacred Album," and many -others maintaining contradictory and conflicting opinions; but I do not -hold myself responsible--either legally or morally--for any of them. I -have no right to set myself up as a censor of the press. I sell them -all--and am not responsible for any man's opinions upon an abstract or -general subject. When the subject matter of a book relates to the people -at large, the public alone should decide upon its merits. If the book be -a good one, they will support it; if a bad one, they will condemn and -reject it. This is the only proper punishment for a bad author. The line -of duty I mark out for myself in that I will never sell obscene -publications--works that demoralise and corrupt society--nor any attacks -upon private character; and if a person comes to me complaining that his -character has been falsely and slanderously attacked, I sell no more of -that work. What more can be expected from a general bookseller? If the -sale of a controversial book is to be suppressed, because it contains a -few passages in bad taste, and of objectionable phraseology, then the -sale of the Bible itself must be prohibited, for that book contains many -passages far more objectionable in the present day than any to be found -in "Haslam's Letters to the Clergy." I have here a list of passages from -the Bible, of a highly objectionable character; but as I perceive a -number of ladies in the court, I will not pollute their ears, nor shock -the feelings of the Jury, by reading them. My only object in alluding to -them, is to show that if the principle of selecting two or three -objectionable passages from a work is to lead to its condemnation, and -the punishment of the bookseller, then I might with equal justice be -condemned for selling the Bible itself. On this ground, also, I claim -and am entitled to your verdict. - -Gentlemen, the Attorney-General has not done justice to Mr. Haslam; he -has dwelt upon the passages contained in the indictment, but has left -the Jury in total ignorance of the general nature of the work. In many -parts of the book are to be found passages of great beauty. So far from -a charge of blasphemy fairly attaching to Mr. Haslam's Letters, he -uniformly declares that he rejects the Jewish Scriptures because they -are _irrational_, and _dishonour_ the God "that governs the universe." I -will read a passage from his Second Letter, which shows the veneration -he entertains for the Deity. - -"But is it not monstrous, that that power which gives life and motion to -millions of worlds; which guides them in their eternal revolutions in -the boundless ocean of space, and which preserves them in everlasting -order and harmony; is it not monstrous that that power should be -represented in this ridiculous point of view? Vain, violent, and -boisterous, without the least indication of any thing rational, good, or -merciful in any of his proceedings. Such a God may be the God of the -Christians, but he is not the God who governs the universe. That God is -no more to be compared to the Bible God, than the dazzling sun is to be -compared to the glimmering light of a candle." - -Mr. Haslam's work has many other passages of the same description; and -the Attorney-General will see that the passage in the Eighth -Letter--almost the only objectionable passage in the work--was not -deliberately designed to give offence, when I tell him that the author, -in deference to the opinion of his friends, has cancelled the -objectionable passage, and re-written it. Now what would the learned -Attorney-General have more? The object of prosecution has been always -held to be preventive, or corrective, not vindictive. The object sought, -then, is already attained. Mr. Haslam has anticipated your wishes by -correcting the objectionable passage. - -Gentlemen, I have urged sufficient, I hope, to induce you to give me -your verdict; but before I conclude, I will read a passage from the -works of Dean Swift, which is worthy of your profound attention. -"Whoever," he says, "could restore, in any degree, brotherly love among -men, would be an instrument of more good to society than ever was or -will be done by all the statesmen in the world." - -Gentlemen, let us commence the glorious work to-day. I will tell you how -you can do more towards spreading brotherly love among men, than all the -statesmen in the world will be able to accomplish. Say to the -Government, by your verdict, the publication of opinions shall be free. -This will spread brotherly love among men; for what is it that prevents -brotherly love from dwelling among men? The odious principle of -coercion. I do not believe the Government wish to follow up these -prosecutions if they can avoid it. They have a precedent, then, in the -case of Sir Robert Peel. Mr. Carlile was in prison nearly _seven years_, -and many of his shopmen were imprisoned for various terras. Did such -vindictive persecutions change their opinions, or stop the sale of the -works prosecuted? Quite the contrary. The individuals became confirmed -and strengthened in their opinions, and all the prosecuted works are now -on sale in every bookseller's shop in London. The public began to -consider them martyrs, and Sir Robert Peel and the Government of that -day saw the injustice and cruelty of such proceedings, abandoned all -prosecutions, and liberated those whose terms of imprisonment were -unexpired. Surely those now in authority are not the men to recommence -these prosecutions for matters of opinion; and my quarrel with them is, -that they have not the moral courage to reply to the taunts of the -Bishop of Exeter, by alluding to this case of Sir Robert Peel's -Government; and boldly declaring that henceforth public opinion shall be -the only censor. Abolish that hateful principle of coercion for matters -of opinion, and mutual toleration, respect, and brotherly kindness, will -henceforth prevail. - -Gentlemen, Christianity gives no sanction to persecution. The religion -of Jesus, rightly understood, is a practical and benevolent system. It -is founded on two great commandments, love of God and love of Man. The -_first_ commandment, in fact, resolves itself into a practical -observance of the _second_; for it is expressly declared that, "_If a -man say, I love God, and hateth his brother, he is a liar: for he that -loveth not his brother whom he hath seen, how can he love God whom he -hath not seen_?"(1) Recollect, Gentlemen, "_Love worketh no ill to his -neighbour_."(2) Jesus encourages all men to think for themselves. This -is his exhortation--"_Why, even of your own selves, judge ye not what is -right?*(3)" But while he has encouraged the exercise of mind, he has not -made eternal happiness to depend upon *belief_ but upon their _actions_; -and the great evil of society is attempting to coerce people into the -belief of that which they cannot believe--a system to which, I hope, -your verdict to-day will put a stop. - - 1. 1 John iv.; 20, - 2. Rom. xiii.; 10, - 3. Luke xii.; 57 - -Gentlemen, the Founder of Christianity, in his parable of the Last -Judgment, tells us distinctly that men are to be judged by their -_actions_ and not by their _opinions_; for he describes himself as -inviting the righteous to inherit the kingdom prepared for them from the -foundation of the world: "For I was an hungered, and ye gave me meat: I -was thirsty, and ye gave me drink: I was a stranger, and ye took me in: -naked, and ye clothed me: I was sick, and ye visited me: I was in -prison, and ye came unto me." He then represents the righteous as -saying, "Lord, when saw we thee an hungered, and fed thee I or thirsty, -and gave thee drink? When saw we thee a stranger, and took thee in? or -naked, and clothed thee? Or when saw we thee sick, or in prison, and -came unto thee? And the King shall answer, Inasmuch AS YE HAVE DONE IT -UNTO ONE OF THE LEAST OF THESE MY BRETHREN, ye have done it unto me." He -then represents himself as denouncing the unrighteous for giving him no -meat, nor drink; for not clothing him when naked, nor visiting him when -sick; and when they desire to know when he required these things, and -they did not minister unto him, he replies, "Inasmuch as ye did it not -to one of the least of these my brethren, ye did it not to me." Here, -you perceive, there is no particular belief enjoined, none condemned. -All men are to be judged by their actions--not by their belief. - -Gentlemen, I have now urged all that I deem necessary to ensure an -acquittal. I hope you will consider well the consequences of your -verdict, and reflect upon the wickedness and impolicy of tearing a man -from his family, for selling a book in the ordinary course of his -business. If I have said anything in the course of my address to raise a -prejudice in your minds, I hope you will discard it, and do justice by -pronouncing an acquittal. - -The Attorney-General claimed his right of reply. He commenced by -observing that the Defendant, in his very long address to the Jury, had -not advanced anything that would call for many remarks from him, so that -he should occupy bu ta very small portion of their time. The Defendant -had contended that the blasphemous attack on our holy religion, which -they had heard read, was only free inquiry; and had taunted the -Government, and himself, who desired the extension of useful knowledge, -with having prosecuted this book. But was this book of Haslam's useful -knowledge? The Defendant said, Why not answer it? But he, the -Attorney-General, contended that it could not be answered. The only way -to do with it was to prosecute it. This publication--for the sale of -which the Defendant was indicted--was not fair argument and inquiry, but -blasphemous invective. The Defendant accused him of not objecting so -much to the matter of the publication, as to the price at which it was -sold. Not withstanding what the Defendant had said on this point, he, -the Attorney-General, contended that the low price at which it was sold -made the publication doubly mischievous, as it caused it to circulate -among the working classes of society, who were from their habits, -incapable of thought or discrimination; their time was so entirely -occupied that it was impossible they could devote sufficient time to -reading to guard themselves against the evil tendency of such works; -while the Jury, and men in their class of life, were, from their -education, furnished with an antidote to the poison. If attacks on the -Scriptures were to be permitted, what was to prevent the pious feelings -of the community from being outraged? Suppose a man were to carry a -board through the streets on which was inscribed in large characters, -that "Christ was an impostor." Could it be tolerated? Yet this, -according to the Defendant, was only free inquiry! Again, suppose any -one preferred a republican to a monarchical form of government, and was -to excite and recommend the substitution of the one for the other by -force of arms, inciting, by inflammatory appeals, the people to murder -the Government and the Queen--yet this would be, according to Mr. -Hetherington, only free inquiry! The Defendant had said that Mr. Haslam -was a Socialist; now the Socialists held an opinion that marriage was an -institution that ought to be abolished. If a man, under that plea, were -to recommend the seduction of his neighbour's wife or daughter--would -any one contend that such opinions should be published with impunity? -yet the Defendant considers this the free investigation of opinions; and -to prosecute a blasphemous publication, he says, is to prevent freedom -of opinion. No one wished to interfere with Mr. Hetherington's private -opinion. The policeman, when he went to Mr. Hetherington's shop to -purchase the numbers, did not inquire as to his particular belief. If -there were persons so unfortunate as to disbelieve the Scriptures--which -were the foundation of our holy religion--the law did not interfere with -them so long as they kept their opinions to themselves, and did not -publicly attack the authenticity of the Bible. Mr. Hetherington had -spoken of the effect of prosecution in extending the sale of such -publications, alluding particularly to the _Poor Man's Guardian_; but -he, the Attorney-General, called upon the Jury to do their duty by -bringing? to punishment those who outraged the law, that others might be -deterred from offending. If the Jury looked at the immoral tendency of -such writings, and the doctrines of non-responsibility laid down by Mr. -Hetherington, who declared that he was neither responsible for his -belief, nor his actions-- - -Mr. Hetherington here interrupted, declaring that the Attorney-General -was acting most unfairly towards him. He never used such language, but -quite the contrary; what he maintained was, that he was not responsible -for his _belief_ but that he _was responsible for his_ actions. If he -injured a friend, a neighbour, or a fellow-citizen, he was amenable to -society for the injury done. The Attorney-General, he contended, was not -replying to him, but perverting his arguments and misrepresenting facts. - -Lord Denman said that he agreed with the Defendant in the first -instance, and therefore he thought he was justified in putting the -Attorney-General right; but the Attorney-General, he thought, was -entitled to make any remarks upon facts which came out in evidence. - -Mr. Hetherington (with great vehemence).--But he is mis-stating facts, -and making statements calculated to mislead the Jury. - -Lord Denman.--You must not interrupt. - -The Defendant.--But my liberty is at stake, and I will speak. (Applause -at the back of the court, which was instantly suppressed by the -officers.) - -Lord Denman.--You shall be heard in correction of anything you may think -a misrepresentation, afterwards; not in reply, but merely in correction. - -The Defendant.--Thank you, my Lord. - -The Attorney-General observed, that the Defendant denied being the -publisher, but he would convince the Jury that he was, by reading the -title to them. He then read the title of the book--omitting the -publisher's name, and reading the name of the Defendant only, till Mr. -Hetherington insisted upon his rending the whole title as -follows:--"Letters to the Clergy of all Denominations, showing the -Errors, Absurdities, and Irrationalities of their Doctrines. By C. J. -Haslani. Fourth Edition. Manchester: A. Heywood. 56 and 60, Oldham -Street. London*; Hetherington, 126, Strand; Cleave, Shoe Lane, Fleet -Street; Watson, City Road, Finsbury; and J. Guest, Birmingham; and all -Booksellers in Town and Country." - -The Attorney-General then proceeded.--Conceive, gentlemen, a servant or -an apprentice reading this work where the institution of private -property was said to be the great evil of society--would he feel any -compunction at appropriating the goods or money of his employer to his -own use? Would he not find arguments in this work to justify him in his -iniquity? Mr. Hetherington had taken credit to himself for disinterested -motives, but he feared that he was actuated by mercenary -motives--looking only to emolument--careless of the effect it might have -on the morals of the unthinking working-classes.(1) He called upon the -Jury, by the oaths they had taken on the Holy Gospel--which this book -blasphemously attacked--to consider the effect of a verdict of -acquittal, and to do their duty to the public. By such a verdict they -would license the most infamous attacks on the Holy Scriptures, and -would loosen the bonds which held society together. - - 1. This comes well from a gentleman who descended from his high - professional position to attend at the Old Bailry, for a fee of - . 100, to plead for a man charged with murder. - -Mr. Hetherington explained that it was the custom of the trade to place -the name of any bookseller, with whom the real publisher did business, -on the title-page of the book, and that his name had been so placed by -Mr. Hey-wood, of Manchester, the real publisher, without his knowledge. -Mr. Heywood was the original publisher; he received no punishment, and -was now at liberty. - -Lord Denman, in summing up, observed, that the law considered the vendor -of a work the publisher of it, and that consequently he must be held -responsible. It had also been constantly laid down that blasphemy was an -offence at common law. In the Defendant's defence, TO WHICH HE HAD -LISTENED WITH FEELINGS OF GREAT INTEREST, AYE, WITH SENTIMENTS OF -RESPECT TOO, he had complained of the hardship of a general publisher -being held responsible for the contents of all the works he might sell, -but he had himself answered that argument by the conduct which he stated -he pursued with regard to obscene and personally libellous publication, -and from the title-page of this work it was scarcely possible not to be, -in some measure, aware of its contents. Discussions on a subject, even -the most sacred, might be tolerated when they were conducted in a fair -spirit; but when appeals were made not to reason but to the bad feelings -of human nature, or where ridicule or invective were had recourse to, it -could not be considered discussion. As to the impolicy of these sort of -prosecutions that was a question with which they had nothing to do; the -only question for them to determine was, whether the publication in -question was a blasphemous libel, and whether it had been published by -the Defendant. - -The Jury immediately returned a verdict of Guilty. - -The Attorney-General prayed the immediate judgment of the Court. - -Lord Denman.--I think the passing sentence had better be deferred, until -we have had the opportunity of considering the subject. - -The Defendant then retired, and the Court adjourned. - - - - -OBSERVATIONS - - -The renewal of a series of Government prosecutions for alleged -blasphemy, will justify me in accompanying the publication of the -foregoing trial with a few words of comment. - -The points upon which I deem it my duty to animadvert--are the conduct -of the Government, the Attorney-General, and the Jury. - -I consider that the Government have acted towards me, in this -prosecution, in a very unjustifiable manner. They first placed Mr. -Cleave on his trial for selling the fifth, eighth, and thirteenth -numbers of Haslam's Letters. He pleaded _Not Guilty_, but was convicted -(after an able and convincing speech from his-Counsel, Mr. Chambers), by -as stupid a Jury as ever sat in judgment on an honest man. The Judge -sentenced him to four months' imprisonment, and a fine of 20. Such was -the force of public opinion, however, on the injustice and impolicy of -such prosecutions, that Mr. Cleave was liberated, upon paying the fine, -after five weeks' imprisonment. - -The trial of Mr. Heywood, the original publisher, came next. His known -integrity and respectability had attached to him many influential -friends, who represented to the Government the folly and injustice of -these proceedings, and Lord Normanby at length yielded to their -importunities, by agreeing, on condition that he pleaded guilty, that -Mr. Heywood's prosecution should proceed no further. Mr. Heywood -complied, and was left at liberty, on entering into his own -recognizances, to appear when called upon. - -Public opinion unequivocally declared that such prosecutions were -indefensible, and it was very generally believed that the Government -would abandon them from a conviction of their injustice and impolicy. -Instead of which they proceeded against me for selling the same numbers -of the identical work that Messrs. Cleave and Heywood had been -prosecuted for selling, though the punishment of Mr. Cleave was -remitted, and the Government compounded blasphemy in the case of Mr. -Heywood. To injure and annoy honest and industrious tradesmen, because -the author of a book has in two or three instances expressed his ideas -in vulgar and objectionable phraseology, is unworthy of an enlightened -Government. I feel pity for the Jury who could ignorantly pronounce a -verdict of guilty against a man who never wilfully injured a -fellow-creature, merely because he had sold a book that combated the -established opinions of the day; but I entertain very different -sentiments against the Government that could institute and carry forward -prosecutions of this nature, when, from their superior knowledge, they -must be fully aware of the iniquity of their proceedings. They encourage -"reason and free inquiry," while it favours their objects; and they -persecute and ruin all those, who, by the exercise of reason and free -inquiry, arrive at conclusions adverse to the established opinions of -society. The time has passed, however, for a renewal of persecution for -matters of opinion. No Government can stand that will attempt it; and I -tell Her Majesty's Government, that when they interfere with the -religious or anti-religious opinions of the people, they step out of -their province,--and to inflict punishment upon either the original -publisher or the general bookseller, who supplies all works to order, -for the opinions contained in the works they respectively publish or -sell, is an odious act of tyranny that good men of every opinion should -denounce and oppose. I, for one, will never sanction or submit to such -tyranny. Whether any and what sentence will be passed upon me I know -not; but I have made up my mind that I will maintain, at all risks, and -under every privation, to the utmost extent of my ability and means, the -right of all men to freely publish their opinions upon every subject of -general interest--whether social, political, or religious; aye, or -anti-religious,--and if the Government would receive a suggestion from -me, I would suggest to them to take their stand on this glorious -principle--perfect freedom is the formation AS PUBLICATION OF OPINIONS -FOR EVERY SECT AND PARTY. That is the most effectual way to elicit truth -upon all subjects; and I would respectfully ask them, whether they ever -knew the truth injure any sect or party that was disposed to act -honestly? - -I hope the Government will reflect upon the injustice and impolicy of -this new crusade against the free expression of opinion, adopt my -suggestion, and abandon all prosecutions against those who honestly -controvert the received opinions of society. - -Having now expressed my feelings with regard to the conduct of the -Government, I must say a word or two respecting the behaviour of the -learned Attorney-General towards me, on my trial. He made very few -observations in opening the case, but reserved himself for his Reply; a -privilege which I think he was not entitled to, as I called no -witnesses. Had I anticipated he would have claimed the privilege of -reply, and abused it in the shameful manner that he did, I could have -overthrown, by witnesses, the false impression which he so unjustly -laboured to establish on the minds of the Jury--that I was the publisher -of the work, because my name was affixed to the book first of the London -agents. What is the object of a reply? It is to answer the facts and -arguments adduced by the Defendant; to show that he has reasoned -illogically; and to point out to the Jury, succinctly and clearly* the -points in which he has failed to answer the charge laid against him in -the indictment. In addition, however, to this base attempt to hold me up -to the Jury as the original publisher, the Attorney-General obviously -sought to make the Jury believe--(and there is every reason to think -that he triumphed in this his unjust attempt to injure me)--that I -claimed immunity not only for my belief but my actions, When I insisted -upon setting him right, by showing him the utter falsehood of his -assertion, in which I was supported by Lord Chief Justice Denman, he -treacherously aimed at fixing upon me the consequences of doctrines to -which I had not even adverted in my speech, and which had no reference -whatever to the subject then before the Court. He basely insinuated that -I was virtually claiming immunity for all acts of aggression--such as -robbery, murder, seduction, unjustifiable rebellion, and assassination -of the Queen; striving to raise in the minds of the Jury a confusion -between the right of freedom of opinion and the wrong of licentious -action! This, too, was slanderously repeated, after my open appeal to -the Court against such malignity; and this the learned Attorney-General -calls availing himself of his privilege of reply! I was not allowed to -answer these falsehoods of the Attorney-General; though, as the accused -party, I was in justice, if not in law, entitled to every opportunity of -making the truth apparent to the Jury. - -As to the Jury--What shall I say of them? I can only pity men who -exhibited such woful ignorance and imbecility as to be led away by -misrepresentations that had not even the appearance of truth. Let me ask -the Jury one simple question. They were bound by their oath to give a -true verdict according to the evidence. Now let me ask them, was there -any evidence of BLASPHEMY? - -The evidence adduced merely proved the sale of a certain book. There was -no evidence that the contents of the book were blasphemous. This -question--(that is to say, the very question in dispute--the question -whether or not there was any blasphemy)--this question was decided by -Judge and Jury without an iota of evidence, without even an attempt at -any evidence bearing Upon it. The opinions of the Judge and Jury decided -the question of the indictment---Was there blasphemy or no! There was no -evidence at all upon it. Gentlemen of the Jury--common and special--was -your verdict in accordance with the EVIDENCE brought forward for your -enlightened consideration--was your verdict in accordance with the terms -of your oath? The verdict to which I was entitled from honest and -reasoning men was the following:--either a direct "Not Guilty of -blasphemy"--or this, "Guilty of selling a certain book concerning the -nature of which wc=e have had no evidence"--matters of opinion not -being, in fact susceptible of evidence. - - H. HETHERINGTON. - -I cannot close these Observations without tendering my best thanks to -the editor of _The Sun_ for the zeal and ability with which, in a -succession of leading articles, he defended the right of Free Inquiry -and the Free Publication of Opinions. The _Morning Chronicle_ published -an impartial report of the Trial, and gave a good leading article on the -subject. The _Morning Advertiser_ and the _Weekly Chronicle_ also -published a fair report of the Trial. The _Weekly Dispatch_ and The -_Statesman_ are both entitled to thanks for their advocacy of Truth and -Liberty, in reference to the principle contended for in my Defence. The -three Letters of Publicola, in The _Weekly Dispatch_, are invaluable; -and I regret that I cannot find room for the whole of them in this -pamphlet, without considerably enhancing its price and defeating my own -object of extensive circulation for my Trial. They are worthy of a -distinct publication. I can only fill up the space I have left by the -insertion of the following excellent article from _The Sun_ of Friday, -December the 11th, 1840, and Publicola's Letter to Lord Chief Justice -Denman.--H. H. - - - - -Extract from The Sun Newspaper - - -We brought evidence yesterday to show that the suppression of objections -to the Scriptures by penal enactments is tyrannical, unjust, and absurd, -and that the law is partially administered. If we return to the subject, -it is from a deep sense of its almost immeasurable importance. Our whole -internal A policy, nearly, is framed with a view to support the Church. -The Church is founded, or rather pretends to be founded, on the Bible; -but we are now told by the decision of the Jury on Tuesday, that it is a -crime to object to its statements. The happiness of society, then, is to -be chained and bound by principles and doctrines, which society must not -examine; for if men must not object, what is the use of examination? - -"We see disorder pervading every part of society. The poor are set -against the rich, and the rich are zealously engaged in oppressing and -coercing the poor. Crime increases, and though more churches are -building, religion is decaying. The remedies suggested for our -disorders, within the bounds sanctioned by the Church, are more numerous -than the disorders themselves; but though confusion and anarchy threaten -us, the law forbids men to say aught against principles which our rulers -have followed, while society has been brought into its present -condition. - -"What the law now decrees against what it calls blasphemy, it decreed, -not two centuries ago, against witchcraft. It now denounces the former -as displeasing to God; it then denounced the latter for the same -offence. Men and women were in those less humane days burned for -displeasing God, while now they are only fined and incarcerated. By the -progress of knowledge, lawyers, both barristers and judges, have been -compelled to give up that portion of the perfection of human reason, and -the law against witchcraft has become obsolete. If our view of the law -for suppressing objections to the Scriptures, under * the name of -blasphemy, be correct, it is not more reasonable than the law against -witchcraft. While no lawyer, however, will now lend himself to revive -the latter or carry it into execution, there are numbers, we say it to -the disgrace of the profession, zealous and eager to apply the former, -at least to the penny tracts which are addressed to the poor. - -"It is therefore with deep regret that we saw so eminent a man as the -Attorney-General lending himself to this sorry work. We are ready to -admit, as a Tory contemporary has stated, that he has done his duty, and -he finds his reward in the praise of the Tories. Nor did he show, as far -as we can learn, certainly not in his reply, any reluctance to perform -it; people say he did it as if he had something to atone for, and was -rather eager to gain the approbation of Bishop Philpotts. His labours -were crowned with a success which his own party reprobate. In -Westminster Hall he has triumphed, but an appeal lies from that to the -world; and even the Whigs, who have heretofore denounced prosecutions -for blasphemy as for witchcraft, consider that in the last resort he -will sustain a terrible defeat. - -"Mr. Hetherington has already suffered in body and mind, in purse and -health; and probably awaits with apprehension the sentence, which may -consign him to prison and ruin. He is down-stricken by the law; but -those who have read his defence, and prefer reason to legal fictions, -will place him far above the triumphant Attorney-General. He made an -admirable pleading for free inquiry, which plain John Campbell -instituted a prosecution to suppress. In his reply Sir John so far -overstepped the bounds of propriety, that the Defendant would not allow -him to proceed, and was supported by the Court. In a bad cause the -Attorney-General used poisoned weapons. He upheld a prosecution for -blasphemy, which is as ridiculous as a prosecution for witchcraft, and -descended to misrepresent the accused. With our opinion of the law he -was enforcing, we are bound to say that Sir John Campbell should have -left such a duty to be performed by some taker of a half-guinea fee, who -never got beyond the precincts of the Old Bailey. It was wholly unworthy -of an eminent lawyer, who has risen into political power as a professed -friend of free discussion. The slaves to lust have some pleasure for -their punishment, but the servants of the grimgribber of Westminster -Hall, who sacrifice present fame to a sense of duty to it, reap little -more than disgrace for their nauseous drudgery. - -"Sir John Campbell prosecuted Mr. Hetherington, in the language of the -indictment, for being 'a wicked, impious, and ill-disposed person, -having no regard to the laws of this realm, but most wickedly, -blasphemously, impiously, and profanely devising and intending to -asperse and vilify that part of the Holy Bible which is called the Old -Testament.' Now, having no respect whatever for the fictions of the law, -we have no hesitation in branding such accusations of a publisher as a -monstrous tissue of falsehoods, and to affirm that it is a disgrace to -any man who has the least respect for truth, to defend such a charge. We -care not about its being the customary language of the law, for truth -and men's liberties are not to be sacrificed by and for such -absurdities. - -"Further, this said aspersing and vilifying the Bible is said by Sir J. -Campbell, at least such is the language of the indictment, which he used -arguments to sustain, to be greatly 'to the displeasure of Almighty -God.' Who knows that? What worm dares to say that the Almighty God is -displeased with another worm for uttering or writing a few words.' Who -is the vain and arrogant man that claims for himself the task of -interpreting the thoughts of the Most High, and demanding that a man be -punished for having displeased Almighty God? What name does the Court -deserve which, being instituted to do justice and protect the people, -punishes one of them because he displeases the Almighty? Can He not -punish those who displease Him? To doubt it, to undertake to protect or -avenge Him, to describe Him as displeased, while he showers prosperity -and contentment on the man said to displease Him, is far more impious, -more blasphemous, more dangerous to religion than anything Mr. -Hetherington ever published, or Mr. Haslam wrote. Such, however, was the -crime charged against Mr. Hetherington, which Sir John Campbell -endeavoured to substantiate, and of which a Jury, who are as much -deserving of reproach as the prosecutor, found him guilty. Such is the -crime for which the Court will hereafter pass sentence, undertaking, -like the Inquisition, to decide for the Almighty, and punish actions as -displeasing to Him, at which He, by the course of nature, shows no -displeasure. - -"At the present time, when a great portion of the Whig press will -support the Attorney-General or be silent, leaving _The Sun_ to defend -the great principle of free inquiry and free printing, as they left it -to defend the same sacred and noble cause when it was assailed in the -person of Mr. Harmer, we think it our duty not to be silent. As we -should assail any Tory Attorney-General who had instituted such a -prosecution, or carried it on, so we cannot allow it to pass -unstigmatized because it has been instituted by a Whig Attorney-General. -We know that the wisest and best politicians of the party deprecate such -proceedings, and not the less because they will call forth in many -independent journals, to the injury of the Whigs, an expression of -honest indignation." - - - - -"TO LORD DENMAN, ON THE LATE PROSECUTION FOR BLASPHEMY - - -Mr Lord Chief Justice. - -"Your conduct on the Bench, upon the recent trial, 'The Queen v. -Hetherington,' for a religious libel, a nominal and an impossible -offence, the fiction of fraudulent bigotry, has much increased the high -esteem in which you have been always held by the public. Your Lordship's -opinions on this impolitic, irreligious, and thoroughly infamous species -of prosecution have oft-times been expressed with the integrity and high -moral courage that have ever distinguished your public life. I never -shall forget the manliness with which I heard you avow from the Whig -Treasury Benches, in the House of Commons, in your place as Attorney -General, your detestation of indictments for religious opinions; and the -House hailed you when you fairly acknowledged your deep regret that, as -Common Serjeant, you had been obliged, in obedience to your oath and to -the law, to impose even the smallest punishment possible upon three men -convicted by an ignorant Jury of a libel on the Scriptures; and you were -still more cheerfully received when you expressed your joy at the -liberation of the prisoners whom you had so unwillingly punished. There -was one part of your speech that did not certainly satisfy me. I respect -your sense of obligation to an oath; but when you punished men whom you -conscientiously believed to be undeserving of infliction, and this 'in -obedience to the law,' your Lordship might have reflected, that it was -not Parliamentary, but Judge-made law--'Common-law,' as it is called; -and you might have acted upon the principle that if a corrupt and -ignorant Judge made a law to suit the prejudices of a brutal age, a pure -and well-informed Judge might reverse that law in favour of an age more -humane and more enlightened. I recollect with great satisfaction that -when, in the case of Lord Langford, the Counsel, Mr. Thesiger, asked a -witness (Mr. Nathan, a Jew) 'what religion he was of?' your Lordship -expressed your strong displeasure; and, under your Lordship's sanction, -the witness refused to answer the interrogatory, and treated both the -query and the querist with the utmost contempt; and the whole Court and -audience seemed strongly to approve of the result. In the recent trial -your Lordship's conduct was a contrast to that of your immediate -predecessors on the Bench, Lords Tenterden and Ellenborough, the last -representatives of a most disgraceful school of political, prejudiced, -corrupt Court Judges. You did all in your power to induce the Jury to -acquit the accused. I am now credibly informed that the Attorney-General -had the same object at heart; and having, intentionally, gone in a most -slovenly and unimpressive manner, through his technical duty, he was -abashed and mortified when he heard the verdict of guilty. Familiar as -he must be with the extreme ignorance, stupidity, and corruption of -Juries, on such occasions, he was still surprised at such a verdict. I -am willing to give him credit for these common reports in his favour; -but should the Government be so infatuated as to bring the defendant up -for judgment, the country expects of you, my Lord Denman, that the -sentence will be nominal, and that it will be accompanied by your -reprobation of all such trials. - -"If it be true that hope is the last passion that leaves a man, equally -true is it that the spirit, the accursed spirit of religious -persecution, is the last passion that man deserts, or is willing to -abandon. I sincerely believe that if the alternative were put to a -hundred dying men, at their last, moment of consciousness, at their last -gasp of breath, whether they preferred their own future salvation or -beatitude, or the persecution of man upon earth for conscientious -differences of opinion on religious subjects, full ninety-nine out of -the hundred would choose the latter, on the ground of its being the -turnpike-road to the former, and from the inherent delight in the spirit -of religious intolerance. Fanaticism is the primeval curse of our -nature. From its first victim Abel, to the present hour, it has raged -through the human race. Moral sins and physical or corporeal diseases in -the course of ages wear themselves out, or can be cured by instruction -or medical treatment; but the most foul, leprous, and crime-engendering -of all maladies that flesh is heir to, fanaticism--call it if you -please, bigotry or superstition--admits of no cure, and of little -mitigation. If this hellhound were now let loose from the restraints of -law, we should in one year have every gaol and dungeon full of -prisoners, and in another, the fires and faggots of the olden times -would be raging more fiercely than of yore, and more furiously in this -country than in any other. Whatever Catholics might have been in the -middle ages, there has been more of religious persecution in Great -Britain and Ireland, in the last century, than in all the Catholic -countries of Europe within the same period. On the Continent the spirit -is on the wane; in England it is on the increase. - -"My Lord Denman, in the very abstraction of our individual nature, and -of the nature of society, a court of justice cannot take cognizance of -opinions. Its functions are confined exclusively to facts. Can any two -classes of things be more distinct and opposite? The one is fixed, the -other perpetually varying. Law, cultivated reason and common sense have -rescued subjects of opinion from judicial interference, except with -respect to politics and religion, the two which of all others most need -the exemption. The interference of courts of justice with religious -opinions had immensely decreased, and it is now reviving; but it is in -your Lordship's power to annihilate it by passings nominal sentence on -the defendant. The effects or results of a fact are ascertainable; those -of an opinion are but speculative and uncertain. There is not in -existence, there never has existed, and probably never can exist, a -religious opinion that has not been deemed blasphemous, and of a -destructive tendency to morals and social peace, by its opponents, who, -if they had been strong enough, have relied upon the arguments of -torture and death, or punishments as severe as society would permit. - -"My Lord, legism, or jurisprudence, are sufficiently understood to -render it indisputable that punishments cannot be vindicatory or -retrospective, and less than either, vindictive. All religious -prosecutions seek only for revenge. The object of a legal punishment -relates solely to the prevention of the offence. If a sentence against -Mr. Hetherington cannot effect this object, it cannot be justified. Will -a sentence alter his opinions? will it alter conscientiously that of any -class or single member of society? and, above all, will it stop or check -the dissemination of his doctrines? The two first points are nugatory; -the last is defeated in its pretended object. All history and experience -prove that persecution, let its form or degree be what it may, increases -that which it is meant to destroy. Whether the tyrant be called Pope or -Inquisition, Attorney-General or Court of Queen's Bench, the principle -and the result are the same. - -"Every religion, church, and sect, that exists or is defunct, in Europe -and in Asia, from the earliest record, has had at its origin, and -through its infancy, to encounter obloquy and persecution. The Jewish -religion received animation and vigour from the contempt and cruelties -of surrounding polytheists, and the Jews sought in one God a protection -from the horrors which had been inflicted on them by the worshippers of -many; and well did this atrocious people revenue themselves 011 their -former persecutors, and this by assuming their own claim to the right of -punishing men for differing in opinions. The progress of Christianity -was accelerated by the Jews, in their attempts to crush it by inflicting -an ignominious and most cruel death on an innocent individual, under -that absurd fiction of blasphemy, in the foul name of which your -Lordship is now called upon to punish, against your will, another -innocent individual. If blasphemy has any meaning, its definition must -be--'a resistance to a predominant priestcraft.' Every religion, at its -commencement, is but a confluent mass of blasphemies to the -previously-established religions; and persecution is the reverse of -annihilation, Where would Protestantism have been but for its -persecution by the Catholics, and _vice versa_? From the dawn of -Protestantism in England, under Wycliffe, and the burning of the first -Protestants by the priests, in the reign of the Hero of Agincourt (what -a hero!) down to the death of Mary, English Protestants were tortured, -burnt, hanged, and punished, and yet the religion spread. Throughout -Germany the same effects proceeded from the same cause. Our English -persecutions of the Catholics in Ireland have been long, incessant, and -too dreadfully cruel to reflect upon, and yet Catholicism has increased -under them. We have not one respectable sect in England that has not -arisen in despite of persecution, and increased by means of it, and -these, with hundreds or thousands of other instances (for history -abounds with them), prove that persecution or punishment does not, and -cannot, effect the object in view; and that, consequently, punishment -cannot be justified by its only legitimate principle of -justification--utility. It is madness to punish for an offence which -must be increased by the very nature of the punishment. Formerly, in -punishments for blasphemy, men, women, and children were burnt and put -to every variety of torture, for the good of their souls--now, we -substitute for the word soul, the phrase--'_the security of society_,' -or other jargon equally nonsensical. The Court of Inquisition was, and -is, wherever it exists, more honourable than the Protestant Court of -Queen's Bench, for the Inquisitors tortured and destroyed for the sake -of the soul, but our Courts punish only for the profit of the priest. -The old plea, the impudent and barbarous plea, of 'Benefit of Clergy,' -is annulled by law, and yet an indictment for blasphemy is nothing more -or less than a process for the 'Benefit of Clergy.' Thus, my Lord, have -I humbly attempted to prove that your punishment of this individual will -be in strong and violent opposition to the principles, opinion, and -feelings which you have avowed on the Ministerial Benches of the House -of Commons; and if the Whig Administration is so infatuatedly base as to -call the defendant up for punishment your Lordship will be in the -unenviable position of passing a sentence, as Lord Chief Justice of -England, against the nature, principles, and objects of which you have -expressed little less than abhorrence in the character of Her Majesty's -Attorney-General in the House of Commons. At that period, my Lord, you -were the freely and most honourably chosen representative of one of the -largest and most enlightened constituencies of Great Britain--the town -of Nottingham--and your constituents expressed no dissatisfaction at -your speech. Is there not a sympathy between Nottingham and other large, -and populous, aud enlightened towns and cities, and between them all and -the general population of the empire? I have likewise, my Lord, shown, -to the best of my very humble abilities, as a legist, that any -punishment inflicted on this individual, violates the only principle on -which all punishments can be justified--the prevention of the -offence--if it be one. - -"What, in other respects, will be the effects of this brutal -prosecution? Burn Mr. Hetherington alive,--slowly roast him, torture him -by every device, hang him, quarter him, and stick his head on -Temple-bar, and his quarters on the gates of four of our principal -cathedral towns, as in all such cases used to be the practice of our -most pious Christian ancestors in 'the good old times'--or let your -Lordship pass the most lenient sentence on him, and what will be the -result? Will any thing be proved, disproved, strengthened, or -invalidated, by either mode of punishment? If divines or laymen argue -upon the Scriptures _in toto_ or in parts, _en masse_ or in detail, -could any of the disputants establish his point by arguing that Mr. -Hetherington or Mr. Snookes, for the names are indifferent, was or was -not in gaol, or that the sentence was six days' or six months' -incarceration--how would the case stand syllogistically? A asserts that -the Bible ought to be burnt--A is not prosecuted--ergo, the Bible ought -to be burnt. B asserts that the Bible ought to be burnt--B is -prosecuted--B is acquitted by the Jury--ergo, the Bible ought to be -burnt. C asserts that the Bible ought to be burnt--C is prosecuted--C is -found guilty--ergo, the Bible ought not to be burnt. Again, D, E, F, and -G, are prosecuted for saying that the Bible ought to be burnt. They are -all found guilty under different Judges, and their sentences vary from -three, six, twelve, and eighteen months' imprisonment. Here the public -mind is in utter confusion between the cases of A, B, and C, and between -the ratios of punishment inflicted on D, E, F, and G, I have gone to the -extent of the musical gamut. Ratios might be calculated by -arithmeticians aud algebraists. Thus--'As burning the Bible is to the -acquittal of B,--so is not burning the Bible to the sentence on D, E, F, -or G." Really, my Lord, as a man of the most cultivated intellect, you -must see the monstrous absurdity, the atrocious cruelty, of subjecting -opinions on Scriptures to 'Trial by Jury.' If opinions on a book are to -be brought before a Jury, so might its author. I speak in no disrespect -of Scriptures, but I speak in utter disgust and abhorrence of bringing -them before Juries. What, in fact, does a verdict of 'Guilty' or 'Not -Guilty' amount to, in case of an opinion on the Scriptures? The ignorant -Jury men unwittingly set themselves above the Scriptures, and tyrannise -over the Deity himself. The impiety lies all in the Jury, and not in the -accused. The trial my Lord, proceeds entirely on the conceded point that -the Scriptures are the word of God; a word is an empty, unintelligible, -worthless sound, except by the interpretation put upon it; and if the -Jury will be the interpreters, they are the authors of the word, and -usurp the powers of the Deity. God may say 'this is my word and -commandment,' and a Jury replies, 'the substance utility, -intelligibility of a word depend entirely upon the meaning attached to -it, and we Jurymen will put and make all other men put what construction -we please, upon it, under pains and penalties, so that the word is not -yours, but ours.' A Defendant may argue, 'my construction is a matter -between my conscience and my God.' The verdict replies, 'God has nothing -to do with it; your construction is entirely a case between your -conscience and us Jurymen, stock-brokers, bill-brokers, pawnbrokers, -gambling-house-keepers, and, peradventure, keepers of houses of a still -worse description.' My Lord Denman, the manly character of your mind -will make you fearlessly grapple with this important subject, and will -induce your Lordship to feel that I have as fearlessly and as honestly -stated the merits of the case. Pause, my Lord, before you ruin, and -almost torture a man, for whose defence you have expressed respect from -the Judgment-seat, and this by a sentence for the nature and principles -of which you have publicly and officially declared an abhorrence. - -"Our laws, Lord Denman, lay down a principle that every man is presumed -to be acquainted with the business, profession, or study to which he -belongs, or to which he has devoted himself. The converse--a most -rational converse, is that he is unacquainted with what he does not -belong to, or has not studied; or, in plain terms, that he is -unacquainted with that of which he knows nothing. Sir Isaac Newton would -have been a most ignorant Juryman upon a case resting upon the details -of business in the butter trade of Cork; and a Mr. Jones, in that trade, -would be an equally ignorant Juryman on a case involving the complex -observations and abstract calculations of Sir Isaac's Observatory. -Shakspeare, as a Juryman, would have been puzzled to determine a -disputed point of commerce; and a tradesman would be as equally -perplexed in deciding a point upon the machinery of Arkwright, or the -steam-engine of Watts. In the present case, a man named Haslam, (but the -name is immaterial, for I apply myself to abstractions and not to -individuals,) has devoted himself to the study of a subject. He is -evidently a man of strong mind, of great knowledge, and of the most -honest intentions. On many points I differ with him, but individual or -public difference is not the case at issue. His very able work is -submitted, not to the public mind, but to 'Trial by Jury;' and its -merits or demerits are determined upon by merchants, brokers, tradesmen. - -"Our laws, Lord Denman, lay down a principle that every man is presumed -to be acquainted with the business, profession, or study to which he -belongs, or to which he has devoted himself. The converse-a most -rational converse, is that he is unacquainted with what he does not -belong to, or has not studied; or, in plain terms, that he is -unacquainted with that of which he knows nothing. Sir Isaac Newton would -have been a most ignorant Juryman upon a ease resting upon the details -of business in the butter trade of Cork; and a Mr. Jones, in that trade, -would be an equally ignorant Juryman on a case involving the complex -observations and abstract calculations of Sir Isaac's Observatory. -Shakspeare, as a Juryman, would have been puzzled to determine a -disputed point of commerce; and a tradesman would be as equally -perplexed in deciding a point upon the machinery of Arkwright, or the -steam-engine of Watts. In the present case, a man named Haslam, (but the -name is immaterial, for I apply myself to abstractions and not to -individuals,) has devoted himself to the study of a subject. He is -evidently a man of strong mind, of great knowledge, and of the most -honest intentions. On many points I differ with him, but individual or -public difference is not the case at issue. His very able work is -submitted, not to the public mind, but to 'Trial by Jury;' and its -merits or demerits are determined upon by merchants, brokers, tradesmen -and jobbing peculating Jurymen called 'Tales.' as totally ignorant of -Mr! Haslam's studies and works, as he most probably is of their -different lines of traffic. Is this a test of the merits of the case? Is -this any barometer of the truth of the Gospel, of public feeling, or of -the intelligence of our population? - -"My Lord Denman, the Attorney-General, tried, in the usual slang of his -profession, or rather of his office, to attach moral imperfection and -social dangers to speculative points of theology-to points of creed. We -have now on our Bench, including Ireland and Scotland, Catholic Judges, -Judges belonging to the Church of England, to the creeds of the -Baptists, Anabaptists, Unitarians, and to the no-creeds of the Deists, -and yet what barrister, attorney, or client, ever complained of a Judge -on account of his creed or his construction of the Scriptures? In -Ireland we have Catholic Judges, in Scotland Presbyterian, and in -England Judges of the Clutch, and of every dissenting sect, and yet, -when in 'Term time,' a new Trial is moved for, on account of a -misdirection of a Judge, who ever heard of the misdirection lying -attached to the Judge's creed? The Solicitor-General of Ireland is a -Catholic, the Attorney-General of England is a Presbyterian (if he has -any religion at all), and the Solicitor-General of England is of the -Church (the refuge of all sceptics), and what does this amount to with -respect to the discharge of their duties? Lord Chancellors Shaftesbury -and Thurlow, and very many others, were avowed Deists, and yet in moving -the House of Lords to set, their judgment aside, their creeds or -opinions were never put upon the briefs. - -"Let me suppose, my Lord, that our most pious Monarch, George the Third, -had indicted David Hume, the most perfect, of unofficial characters; or -Adam Smith, a great benefactor of his species; or Edward Gibbon, the -most illustrious of historians, for their Atheism or Deism; and let me -state the fact, that the pious Monarch bestowed upon them all very good, -and, in one instance, very confidential employments, what difference -does this make? in either case the men, their public functions, and -their doctrines, would have been equally at issue with public opinion at -the present day. The merchant, in reading Adam Smith; the philosopher, -in studying the superior works of Hume; and the scholar, in tracing -Gibbon's magnificent outline and correct details of Roman history, never -condescend to inquire whether the authors were patronised by a pious or -an impious monarch, or whether they were indicted by a Presbyterian, -Episcopalian, or Atheistical Attorney-General--the slave of an order -from the Secretary of State's office. This species of scrutiny expired -years ago, and why should it be revived? - -"My Lord Chief Justice Denman, the eyes of the country, and of foreign -countries, are upon you. The issue of your sentence is the same, except -to the individual; for, liberate him, you respond but to the voice of -all enlightened men throughout Europe; incarcerate him, and by passing -an inhuman sentence upon an innocent man, you enforce a judgment that -you have promulgated in Parliament to be abhorrent in principles and -feelings, and this will produce a powerful redaction. - -"PUBLICOLA." - - ---- - -*** END OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF HENRY HETHERINGTON -*** - - - - -A Word from Project Gutenberg - - -We will update this book if we find any errors. - -This book can be found under: http://www.gutenberg.org/ebooks/39055 - -Creating the works from public domain print editions means that no one -owns a United States copyright in these works, so the Foundation (and -you!) can copy and distribute it in the United States without permission -and without paying copyright royalties. Special rules, set forth in the -General Terms of Use part of this license, apply to copying and -distributing Project Gutenberg(tm) electronic works to protect the -Project Gutenberg(tm) concept and trademark. Project Gutenberg is a -registered trademark, and may not be used if you charge for the eBooks, -unless you receive specific permission. If you do not charge anything -for copies of this eBook, complying with the rules is very easy. You may -use this eBook for nearly any purpose such as creation of derivative -works, reports, performances and research. They may be modified and -printed and given away - you may do practically _anything_ with public -domain eBooks. Redistribution is subject to the trademark license, -especially commercial redistribution. - - - -The Full Project Gutenberg License - - -_Please read this before you distribute or use this work._ - -To protect the Project Gutenberg(tm) mission of promoting the free -distribution of electronic works, by using or distributing this work (or -any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full Project -Gutenberg(tm) License available with this file or online at -http://www.gutenberg.org/license. - - -Section 1. General Terms of Use & Redistributing Project Gutenberg(tm) -electronic works - - -*1.A.* By reading or using any part of this Project Gutenberg(tm) -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all the -terms of this agreement, you must cease using and return or destroy all -copies of Project Gutenberg(tm) electronic works in your possession. If -you paid a fee for obtaining a copy of or access to a Project -Gutenberg(tm) electronic work and you do not agree to be bound by the -terms of this agreement, you may obtain a refund from the person or -entity to whom you paid the fee as set forth in paragraph 1.E.8. - -*1.B.* "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few things -that you can do with most Project Gutenberg(tm) electronic works even -without complying with the full terms of this agreement. See paragraph -1.C below. There are a lot of things you can do with Project -Gutenberg(tm) electronic works if you follow the terms of this agreement -and help preserve free future access to Project Gutenberg(tm) electronic -works. See paragraph 1.E below. - -*1.C.* The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection of -Project Gutenberg(tm) electronic works. Nearly all the individual works -in the collection are in the public domain in the United States. If an -individual work is in the public domain in the United States and you are -located in the United States, we do not claim a right to prevent you -from copying, distributing, performing, displaying or creating -derivative works based on the work as long as all references to Project -Gutenberg are removed. Of course, we hope that you will support the -Project Gutenberg(tm) mission of promoting free access to electronic -works by freely sharing Project Gutenberg(tm) works in compliance with -the terms of this agreement for keeping the Project Gutenberg(tm) name -associated with the work. You can easily comply with the terms of this -agreement by keeping this work in the same format with its attached full -Project Gutenberg(tm) License when you share it without charge with -others. - -*1.D.* The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are in -a constant state of change. If you are outside the United States, check -the laws of your country in addition to the terms of this agreement -before downloading, copying, displaying, performing, distributing or -creating derivative works based on this work or any other Project -Gutenberg(tm) work. The Foundation makes no representations concerning -the copyright status of any work in any country outside the United -States. - -*1.E.* Unless you have removed all references to Project Gutenberg: - -*1.E.1.* The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg(tm) License must appear -prominently whenever any copy of a Project Gutenberg(tm) work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - This eBook is for the use of anyone anywhere at no cost and with - almost no restrictions whatsoever. You may copy it, give it away - or re-use it under the terms of the Project Gutenberg License - included with this eBook or online at http://www.gutenberg.org - -*1.E.2.* If an individual Project Gutenberg(tm) electronic work is -derived from the public domain (does not contain a notice indicating -that it is posted with permission of the copyright holder), the work can -be copied and distributed to anyone in the United States without paying -any fees or charges. If you are redistributing or providing access to a -work with the phrase "Project Gutenberg" associated with or appearing on -the work, you must comply either with the requirements of paragraphs -1.E.1 through 1.E.7 or obtain permission for the use of the work and the -Project Gutenberg(tm) trademark as set forth in paragraphs 1.E.8 or -1.E.9. - -*1.E.3.* If an individual Project Gutenberg(tm) electronic work is -posted with the permission of the copyright holder, your use and -distribution must comply with both paragraphs 1.E.1 through 1.E.7 and -any additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg(tm) License for all works posted -with the permission of the copyright holder found at the beginning of -this work. - -*1.E.4.* Do not unlink or detach or remove the full Project -Gutenberg(tm) License terms from this work, or any files containing a -part of this work or any other work associated with Project -Gutenberg(tm). - -*1.E.5.* Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg(tm) License. - -*1.E.6.* You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including any -word processing or hypertext form. However, if you provide access to or -distribute copies of a Project Gutenberg(tm) work in a format other than -"Plain Vanilla ASCII" or other format used in the official version -posted on the official Project Gutenberg(tm) web site -(http://www.gutenberg.org), you must, at no additional cost, fee or -expense to the user, provide a copy, a means of exporting a copy, or a -means of obtaining a copy upon request, of the work in its original -"Plain Vanilla ASCII" or other form. Any alternate format must include -the full Project Gutenberg(tm) License as specified in paragraph 1.E.1. - -*1.E.7.* Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg(tm) works -unless you comply with paragraph 1.E.8 or 1.E.9. - -*1.E.8.* You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg(tm) electronic works -provided that - - - You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg(tm) works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg(tm) trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - - - You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg(tm) - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg(tm) - works. - - - You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - - - You comply with all other terms of this agreement for free - distribution of Project Gutenberg(tm) works. - - -*1.E.9.* If you wish to charge a fee or distribute a Project -Gutenberg(tm) electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and Michael -Hart, the owner of the Project Gutenberg(tm) trademark. Contact the -Foundation as set forth in Section 3. below. - -*1.F.* - -*1.F.1.* Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -public domain works in creating the Project Gutenberg(tm) collection. -Despite these efforts, Project Gutenberg(tm) electronic works, and the -medium on which they may be stored, may contain "Defects," such as, but -not limited to, incomplete, inaccurate or corrupt data, transcription -errors, a copyright or other intellectual property infringement, a -defective or damaged disk or other medium, a computer virus, or computer -codes that damage or cannot be read by your equipment. - -*1.F.2.* LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg(tm) trademark, and any other party distributing a Project -Gutenberg(tm) electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal fees. -YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, -BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN -PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND -ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR -ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES -EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. - -*1.F.3.* LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium with -your written explanation. The person or entity that provided you with -the defective work may elect to provide a replacement copy in lieu of a -refund. If you received the work electronically, the person or entity -providing it to you may choose to give you a second opportunity to -receive the work electronically in lieu of a refund. If the second copy -is also defective, you may demand a refund in writing without further -opportunities to fix the problem. - -*1.F.4.* Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS,' WITH NO OTHER -WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO -WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. - -*1.F.5.* Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of damages. -If any disclaimer or limitation set forth in this agreement violates the -law of the state applicable to this agreement, the agreement shall be -interpreted to make the maximum disclaimer or limitation permitted by -the applicable state law. The invalidity or unenforceability of any -provision of this agreement shall not void the remaining provisions. - -*1.F.6.* INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg(tm) electronic works in accordance -with this agreement, and any volunteers associated with the production, -promotion and distribution of Project Gutenberg(tm) electronic works, -harmless from all liability, costs and expenses, including legal fees, -that arise directly or indirectly from any of the following which you do -or cause to occur: (a) distribution of this or any Project Gutenberg(tm) -work, (b) alteration, modification, or additions or deletions to any -Project Gutenberg(tm) work, and (c) any Defect you cause. - - -Section 2. Information about the Mission of Project Gutenberg(tm) - - -Project Gutenberg(tm) is synonymous with the free distribution of -electronic works in formats readable by the widest variety of computers -including obsolete, old, middle-aged and new computers. It exists -because of the efforts of hundreds of volunteers and donations from -people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need, is critical to reaching Project Gutenberg(tm)'s -goals and ensuring that the Project Gutenberg(tm) collection will remain -freely available for generations to come. In 2001, the Project Gutenberg -Literary Archive Foundation was created to provide a secure and -permanent future for Project Gutenberg(tm) and future generations. To -learn more about the Project Gutenberg Literary Archive Foundation and -how your efforts and donations can help, see Sections 3 and 4 and the -Foundation web page at http://www.pglaf.org . - - -Section 3. Information about the Project Gutenberg Literary Archive -Foundation - - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the state -of Mississippi and granted tax exempt status by the Internal Revenue -Service. The Foundation's EIN or federal tax identification number is -64-6221541. Its 501(c)(3) letter is posted at -http://www.gutenberg.org/fundraising/pglaf . Contributions to the -Project Gutenberg Literary Archive Foundation are tax deductible to the -full extent permitted by U.S. federal laws and your state's laws. - -The Foundation's principal office is located at 4557 Melan Dr. -S. Fairbanks, AK, 99712., but its volunteers and employees are scattered -throughout numerous locations. Its business office is located at 809 -North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email -business@pglaf.org. Email contact links and up to date contact -information can be found at the Foundation's web site and official page -at http://www.pglaf.org - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - - -Section 4. Information about Donations to the Project Gutenberg Literary -Archive Foundation - - -Project Gutenberg(tm) depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations where -we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular state -visit http://www.gutenberg.org/fundraising/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make any -statements concerning tax treatment of donations received from outside -the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other ways -including checks, online payments and credit card donations. To donate, -please visit: http://www.gutenberg.org/fundraising/donate - - -Section 5. General Information About Project Gutenberg(tm) electronic -works. - - -Professor Michael S. Hart is the originator of the Project Gutenberg(tm) -concept of a library of electronic works that could be freely shared -with anyone. For thirty years, he produced and distributed Project -Gutenberg(tm) eBooks with only a loose network of volunteer support. - -Project Gutenberg(tm) eBooks are often created from several printed -editions, all of which are confirmed as Public Domain in the U.S. unless -a copyright notice is included. Thus, we do not necessarily keep eBooks -in compliance with any particular paper edition. - -Each eBook is in a subdirectory of the same number as the eBook's eBook -number, often in several formats including plain vanilla ASCII, -compressed (zipped), HTML and others. - -Corrected _editions_ of our eBooks replace the old file and take over -the old filename and etext number. The replaced older file is renamed. -_Versions_ based on separate sources are treated as new eBooks receiving -new filenames and etext numbers. - -Most people start at our Web site which has the main PG search facility: - - http://www.gutenberg.org - -This Web site includes information about Project Gutenberg(tm), -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. diff --git a/39055-8.zip b/39055-8.zip Binary files differdeleted file mode 100644 index bf03932..0000000 --- a/39055-8.zip +++ /dev/null diff --git a/39055-h.zip b/39055-h.zip Binary files differdeleted file mode 100644 index 2c72d34..0000000 --- a/39055-h.zip +++ /dev/null diff --git a/39055-h/39055-h.html b/39055-h/39055-h.htm index 4a06936..4a1cc30 100644 --- a/39055-h/39055-h.html +++ b/39055-h/39055-h.htm @@ -432,34 +432,9 @@ pre { font-family: monospace; font-size: 0.9em; white-space: pre-wrap </style> </head> <body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 39055 ***</div> <div class="document" id="the-trial-of-henry-hetherington"> <h1 class="document-title level-1 pfirst title">THE TRIAL OF HENRY HETHERINGTON</h1> - -<!-- -*- encoding: utf-8 -*- --> -<!-- -*- encoding: utf-8 -*- --> -<div class="align-None container language-en noindent pgheader" id="pg-header" xml:lang="en" lang="en"> -<p class="noindent pfirst">This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the <a class="reference internal" href="#project-gutenberg-license">Project Gutenberg License</a> -included with this eBook or online at -<a class="reference external" href="http://www.gutenberg.org/license">http://www.gutenberg.org/license</a>.</p> -<p class="noindent pnext"></p> -<div class="noindent vspace" style="height: 2em"> -</div> -<div class="align-None container noindent white-space-pre-line" id="pg-machine-header"> -<p class="noindent pfirst white-space-pre-line"><span class="white-space-pre-line">Title: The Trial of Henry Hetherington<br /> -<br /> -Author: Henry Hetherington<br /> -<br /> -Release Date: March 05, 2012 [EBook #39055]<br /> -<br /> -Language: English<br /> -<br /> -Character set encoding: UTF-8</span></p> -</div> -<div class="noindent vspace" style="height: 2em"> -</div> -<p class="noindent pfirst" id="pg-start-line">*** START OF THIS PROJECT GUTENBERG EBOOK <span>THE TRIAL OF HENRY HETHERINGTON</span> ***</p> <div class="noindent vspace" style="height: 4em"> </div> <p class="noindent pfirst" id="pg-produced-by"><span>Produced by David Widger.</span></p> @@ -2460,347 +2435,6 @@ feelings, and this will produce a powerful redaction.</p> <!-- -*- encoding: utf-8 -*- --> <div class="backmatter"> </div> -<p class="pfirst" id="pg-end-line">*** END OF THIS PROJECT GUTENBERG EBOOK <span>THE TRIAL OF HENRY HETHERINGTON</span> ***</p> -<div class="cleardoublepage"> -</div> -</div> -<div class="language-en level-2 pgfooter section" id="a-word-from-project-gutenberg" xml:lang="en" lang="en"> -<span id="pg-footer"></span><h2 class="level-2 pfirst section-title title">A Word from Project Gutenberg</h2> -<p class="pfirst">We will update this book if we find any errors.</p> -<p class="pnext">This book can be found under: <a class="reference external" href="http://www.gutenberg.org/ebooks/39055"><span>http://www.gutenberg.org/ebooks/39055</span></a></p> -<p class="pnext">Creating the works from public domain print editions means that no one -owns a United States copyright in these works, so the Foundation (and -you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. Special rules, set -forth in the General Terms of Use part of this license, apply to -copying and distributing Project Gutenberg™ electronic works to -protect the Project Gutenberg™ concept and trademark. Project -Gutenberg is a registered trademark, and may not be used if you charge -for the eBooks, unless you receive specific permission. If you do not -charge anything for copies of this eBook, complying with the rules is -very easy. You may use this eBook for nearly any purpose such as -creation of derivative works, reports, performances and research. -They may be modified and printed and given away – you may do -practically <em class="italics">anything</em> with public domain eBooks. Redistribution is -subject to the trademark license, especially commercial -redistribution.</p> -<div class="level-3 section" id="the-full-project-gutenberg-license"> -<span id="project-gutenberg-license"></span><h3 class="level-3 pfirst section-title title">The Full Project Gutenberg License</h3> -<p class="pfirst"><em class="italics">Please read this before you distribute or use this work.</em></p> -<p class="pnext">To protect the Project Gutenberg™ mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase “Project -Gutenberg”), you agree to comply with all the terms of the Full -Project Gutenberg™ License available with this file or online at -<a class="reference external" href="http://www.gutenberg.org/license">http://www.gutenberg.org/license</a>.</p> -<div class="level-4 section" id="section-1-general-terms-of-use-redistributing-project-gutenberg-electronic-works"> -<h4 class="level-4 pfirst section-title title">Section 1. General Terms of Use & Redistributing Project Gutenberg™ electronic works</h4> -<p class="pfirst"><strong class="bold">1.A.</strong> By reading or using any part of this Project Gutenberg™ -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg™ electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg™ electronic work and you do not agree to be bound by -the terms of this agreement, you may obtain a refund from the person -or entity to whom you paid the fee as set forth in paragraph 1.E.8.</p> -<p class="pnext"><strong class="bold">1.B.</strong> “Project Gutenberg” is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg™ electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg™ electronic works if you follow the terms of this agreement -and help preserve free future access to Project Gutenberg™ electronic -works. See paragraph 1.E below.</p> -<p class="pnext"><strong class="bold">1.C.</strong> The Project Gutenberg Literary Archive Foundation (“the -Foundation” or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg™ electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is in the public domain in the United -States and you are located in the United States, we do not claim a -right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg™ mission of promoting free -access to electronic works by freely sharing Project Gutenberg™ works -in compliance with the terms of this agreement for keeping the Project -Gutenberg™ name associated with the work. You can easily comply with -the terms of this agreement by keeping this work in the same format -with its attached full Project Gutenberg™ License when you share it -without charge with others.</p> -<p class="pnext"></p> -<p class="pnext"><strong class="bold">1.D.</strong> The copyright laws of the place where you are located also -govern what you can do with this work. Copyright laws in most -countries are in a constant state of change. If you are outside the -United States, check the laws of your country in addition to the terms -of this agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg™ work. The Foundation makes no -representations concerning the copyright status of any work in any -country outside the United States.</p> -<p class="pnext"><strong class="bold">1.E.</strong> Unless you have removed all references to Project Gutenberg:</p> -<p class="pnext"><strong class="bold">1.E.1.</strong> The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg™ License must appear -prominently whenever any copy of a Project Gutenberg™ work (any work -on which the phrase “Project Gutenberg” appears, or with which the -phrase “Project Gutenberg” is associated) is accessed, displayed, -performed, viewed, copied or distributed:</p> -<blockquote> -<div> -<p class="pfirst">This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at <a class="reference external" href="http://www.gutenberg.org">http://www.gutenberg.org</a></p> -</div> -</blockquote> -<p class="pfirst"><strong class="bold">1.E.2.</strong> If an individual Project Gutenberg™ electronic work is -derived from the public domain (does not contain a notice indicating -that it is posted with permission of the copyright holder), the work -can be copied and distributed to anyone in the United States without -paying any fees or charges. If you are redistributing or providing -access to a work with the phrase “Project Gutenberg” associated with -or appearing on the work, you must comply either with the requirements -of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of -the work and the Project Gutenberg™ trademark as set forth in -paragraphs 1.E.8 or 1.E.9.</p> -<p class="pnext"><strong class="bold">1.E.3.</strong> If an individual Project Gutenberg™ electronic work is -posted with the permission of the copyright holder, your use and -distribution must comply with both paragraphs 1.E.1 through 1.E.7 and -any additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg™ License for all works posted -with the permission of the copyright holder found at the beginning of -this work.</p> -<p class="pnext"><strong class="bold">1.E.4.</strong> Do not unlink or detach or remove the full Project -Gutenberg™ License terms from this work, or any files containing a -part of this work or any other work associated with Project -Gutenberg™.</p> -<p class="pnext"><strong class="bold">1.E.5.</strong> Do not copy, display, perform, distribute or redistribute -this electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg™ License.</p> -<p class="pnext"><strong class="bold">1.E.6.</strong> You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg™ work in a format other -than “Plain Vanilla ASCII” or other format used in the official -version posted on the official Project Gutenberg™ web site -(<a class="reference external" href="http://www.gutenberg.org">http://www.gutenberg.org</a>), you must, at no additional cost, fee or -expense to the user, provide a copy, a means of exporting a copy, or a -means of obtaining a copy upon request, of the work in its original -“Plain Vanilla ASCII” or other form. Any alternate format must include -the full Project Gutenberg™ License as specified in paragraph 1.E.1.</p> -<p class="pnext"><strong class="bold">1.E.7.</strong> Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg™ works -unless you comply with paragraph 1.E.8 or 1.E.9.</p> -<p class="pnext"><strong class="bold">1.E.8.</strong> You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg™ electronic works provided -that</p> -<ul class="open"> -<li><p class="first pfirst">You pay a royalty fee of 20% of the gross profits you derive from -the use of Project Gutenberg™ works calculated using the method you -already use to calculate your applicable taxes. The fee is owed to -the owner of the Project Gutenberg™ trademark, but he has agreed to -donate royalties under this paragraph to the Project Gutenberg -Literary Archive Foundation. Royalty payments must be paid within 60 -days following each date on which you prepare (or are legally -required to prepare) your periodic tax returns. Royalty payments -should be clearly marked as such and sent to the Project Gutenberg -Literary Archive Foundation at the address specified in Section 4, -“Information about donations to the Project Gutenberg Literary -Archive Foundation.”</p> -</li> -<li><p class="first pfirst">You provide a full refund of any money paid by a user who notifies -you in writing (or by e-mail) within 30 days of receipt that s/he -does not agree to the terms of the full Project Gutenberg™ -License. You must require such a user to return or destroy all -copies of the works possessed in a physical medium and discontinue -all use of and all access to other copies of Project Gutenberg™ -works.</p> -</li> -<li><p class="first pfirst">You provide, in accordance with paragraph 1.F.3, a full refund of -any money paid for a work or a replacement copy, if a defect in the -electronic work is discovered and reported to you within 90 days of -receipt of the work.</p> -</li> -<li><p class="first pfirst">You comply with all other terms of this agreement for free -distribution of Project Gutenberg™ works.</p> -</li> -</ul> -<p class="pfirst"><strong class="bold">1.E.9.</strong> If you wish to charge a fee or distribute a Project -Gutenberg™ electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and -Michael Hart, the owner of the Project Gutenberg™ trademark. Contact -the Foundation as set forth in Section 3. below.</p> -<p class="pnext"><strong class="bold">1.F.</strong></p> -<p class="pnext"><strong class="bold">1.F.1.</strong> Project Gutenberg volunteers and employees expend -considerable effort to identify, do copyright research on, transcribe -and proofread public domain works in creating the Project Gutenberg™ -collection. Despite these efforts, Project Gutenberg™ electronic -works, and the medium on which they may be stored, may contain -“Defects,” such as, but not limited to, incomplete, inaccurate or -corrupt data, transcription errors, a copyright or other intellectual -property infringement, a defective or damaged disk or other medium, a -computer virus, or computer codes that damage or cannot be read by -your equipment.</p> -<p class="pnext"><strong class="bold">1.F.2.</strong> LIMITED WARRANTY, DISCLAIMER OF DAMAGES – Except for the -“Right of Replacement or Refund” described in paragraph 1.F.3, the -Project Gutenberg Literary Archive Foundation, the owner of the -Project Gutenberg™ trademark, and any other party distributing a -Project Gutenberg™ electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE.</p> -<p class="pnext"><strong class="bold">1.F.3.</strong> LIMITED RIGHT OF REPLACEMENT OR REFUND – If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem.</p> -<p class="pnext"><strong class="bold">1.F.4.</strong> Except for the limited right of replacement or refund set -forth in paragraph 1.F.3, this work is provided to you ‘AS-IS,’ WITH -NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.</p> -<p class="pnext"><strong class="bold">1.F.5.</strong> Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions.</p> -<p class="pnext"><strong class="bold">1.F.6.</strong> INDEMNITY – You agree to indemnify and hold the Foundation, -the trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg™ electronic works in accordance -with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg™ -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg™ work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg™ work, and (c) any -Defect you cause.</p> -</div> -<div class="level-4 section" id="section-2-information-about-the-mission-of-project-gutenberg"> -<h4 class="level-4 pfirst section-title title">Section 2. Information about the Mission of Project Gutenberg™</h4> -<p class="pfirst">Project Gutenberg™ is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life.</p> -<p class="pnext">Volunteers and financial support to provide volunteers with the -assistance they need, is critical to reaching Project Gutenberg™'s -goals and ensuring that the Project Gutenberg™ collection will remain -freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg™ and future generations. To -learn more about the Project Gutenberg Literary Archive Foundation and -how your efforts and donations can help, see Sections 3 and 4 and the -Foundation web page at <a class="reference external" href="http://www.pglaf.org">http://www.pglaf.org</a> .</p> -</div> -<div class="level-4 section" id="section-3-information-about-the-project-gutenberg-literary-archive-foundation"> -<h4 class="level-4 pfirst section-title title">Section 3. Information about the Project Gutenberg Literary Archive Foundation</h4> -<p class="pfirst">The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Its 501(c)(3) letter is posted at -<a class="reference external" href="http://www.gutenberg.org/fundraising/pglaf">http://www.gutenberg.org/fundraising/pglaf</a> . Contributions to the -Project Gutenberg Literary Archive Foundation are tax deductible to -the full extent permitted by U.S. federal laws and your state's laws.</p> -<p class="pnext">The Foundation's principal office is located at 4557 Melan Dr. -S. Fairbanks, AK, 99712., but its volunteers and employees are -scattered throughout numerous locations. Its business office is -located at 809 North 1500 West, Salt Lake City, UT 84116, (801) -596-1887, email <a class="reference external" href="mailto:business@pglaf.org">business@pglaf.org</a>. Email contact links and up to date -contact information can be found at the Foundation's web site and -official page at <a class="reference external" href="http://www.pglaf.org">http://www.pglaf.org</a></p> -<p class="pnext">For additional contact information:</p> -<blockquote> -<div> -<div class="line-block outermost"> -<div class="line">Dr. Gregory B. Newby</div> -<div class="line">Chief Executive and Director</div> -<div class="line"><a class="reference external" href="mailto:gbnewby@pglaf.org">gbnewby@pglaf.org</a></div> -</div> -</div> -</blockquote> -</div> -<div class="level-4 section" id="section-4-information-about-donations-to-the-project-gutenberg-literary-archive-foundation"> -<h4 class="level-4 pfirst section-title title">Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation</h4> -<p class="pfirst">Project Gutenberg™ depends upon and cannot survive without wide spread -public support and donations to carry out its mission of increasing -the number of public domain and licensed works that can be freely -distributed in machine readable form accessible by the widest array of -equipment including outdated equipment. Many small donations ($1 to -$5,000) are particularly important to maintaining tax exempt status -with the IRS.</p> -<p class="pnext">The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit <a class="reference external" href="http://www.gutenberg.org/fundraising/donate">http://www.gutenberg.org/fundraising/donate</a></p> -<p class="pnext">While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate.</p> -<p class="pnext">International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff.</p> -<p class="pnext">Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: <a class="reference external" href="http://www.gutenberg.org/fundraising/donate">http://www.gutenberg.org/fundraising/donate</a></p> -</div> -<div class="level-4 section" id="section-5-general-information-about-project-gutenberg-electronic-works"> -<h4 class="level-4 pfirst section-title title">Section 5. General Information About Project Gutenberg™ electronic works.</h4> -<p class="pfirst">Professor Michael S. Hart is the originator of the Project Gutenberg™ -concept of a library of electronic works that could be freely shared -with anyone. For thirty years, he produced and distributed Project -Gutenberg™ eBooks with only a loose network of volunteer support.</p> -<p class="pnext">Project Gutenberg™ eBooks are often created from several printed -editions, all of which are confirmed as Public Domain in the -U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition.</p> -<p class="pnext">Each eBook is in a subdirectory of the same number as the eBook's -eBook number, often in several formats including plain vanilla ASCII, -compressed (zipped), HTML and others.</p> -<p class="pnext">Corrected <em class="italics">editions</em> of our eBooks replace the old file and take over -the old filename and etext number. The replaced older file is -renamed. <em class="italics">Versions</em> based on separate sources are treated as new -eBooks receiving new filenames and etext numbers.</p> -<p class="pnext">Most people start at our Web site which has the main PG search -facility:</p> -<blockquote> -<div> -<p class="pfirst"><a class="reference external" href="http://www.gutenberg.org">http://www.gutenberg.org</a></p> -</div> -</blockquote> -<p class="pfirst">This Web site includes information about Project Gutenberg™, including -how to make donations to the Project Gutenberg Literary Archive -Foundation, how to help produce our new eBooks, and how to subscribe -to our email newsletter to hear about new eBooks.</p> -</div> -</div> -</div> -</div> +<div>*** END OF THE PROJECT GUTENBERG EBOOK 39055 ***</div> </body> </html> diff --git a/39055-pdf.zip b/39055-pdf.zip Binary files differdeleted file mode 100644 index d16127c..0000000 --- a/39055-pdf.zip +++ /dev/null diff --git a/39055-rst.zip b/39055-rst.zip Binary files differdeleted file mode 100644 index 02b0ae2..0000000 --- a/39055-rst.zip +++ /dev/null diff --git a/39055-rst/39055-rst.rst b/39055-rst/39055-rst.rst deleted file mode 100644 index bc98f7e..0000000 --- a/39055-rst/39055-rst.rst +++ /dev/null @@ -1,2272 +0,0 @@ -.. -*- encoding: utf-8 -*-
-
-.. meta::
- :PG.Id: 39055
- :PG.Title: The Trial of Henry Hetherington
- :PG.Released: 2012-03-05
- :PG.Rights: Public Domain
- :PG.Producer: David Widger
- :DC.Creator: Henry Hetherington
- :DC.Title: The Trial of Henry Hetherington
- :DC.Language: en
- :DC.Created: 1840
- :coverpage: images/cover.jpg
-
-
-
-.. role:: xlarge-bold
- :class: x-large bold
-
-.. role:: large
- :class: large
-
-.. role:: small-caps
- :class: small-caps
-
-
-
-
-===============================
-THE TRIAL OF HENRY HETHERINGTON
-===============================
-
-.. pgheader::
-
-.. clearpage::
-
-.. image:: images/cover.jpg
-
-
-.. clearpage::
-
-
-.. class:: center
-
- | :xlarge-bold:`THE TRIAL OF HENRY HETHERINGTON`
- |
- | `By`
- |
- | :xlarge-bold:`Henry Hetherington`
- |
- | :small-caps:`On an Indictment for Blasphemy`
- |
- |
-
-
-
-.. clearpage::
-
-
-.. contents:: CONTENTS
- :depth: 1
- :backlinks: entry
-
-
-
-
-.. clearpage::
-
-
-
-
-
-
-A FULL REPORT OF THE TRIAL OF HENRY HETHERINGTON
-================================================
-
-ON AN INDICTMENT FOR BLASPHEMY,
-
-LORD DENMAN AND A SPECIAL JURY,
-
-ON TUESDAY, DECEMBER 8, 1840;
-
-FOR SELLING HASLAM'S LETTERS TO THE CLERGY TO ALL DENOMINATIONS:
-
-THE WHOLE OF THE AUTHORITIES CITED IN THE DEFENCE, AT FULL LENGTH.
-
-LONDON:
-
-PRINTED AND PUBLISHED BY HENRY HETHERINGTON, 1-26, STRAND;
-
-AND SOLD BY ALL BOOKSELLERS.
-
-1840
-
-Price Sixpence.
-
-
-
-
-
-To
-
-JAMES WATSON,
-
-BOOKSELLER,
-
-THE FRIEND OF TRUTH, THE INFIDEL TO ERROR, AND THE LOVER OF LIBERTY,
-
-THIS TRIAL
-
-IS DEDICATED,
-
-IN PROOF OF THE AFFECTIONATE ATTACHMENT THAT SUBSISTS BETWEEN TWO
-FRIENDS, WHO FULLY RECOGNISE AND ACT UPON THE PRINCIPLES AVOWED AND
-CONTENDED FOR IN THE FOLLOWING DEFENCE; AND AS A TRIBUTE OF ESTEEM,
-
-TO GOD'S NOBLEST WORK--AN HONEST MAN!
-
-BY HIS FAITHFUL FRIEND,
-
-HENRY HETHERINGTON.
-
-
-.. clearpage::
-
-THE TRIAL
-=========
-
-
-COURT OF QUEEN'S BENCH, December 8, 1840.
-
-Sittings at Nisi Prius at Westminster, before Lord DENMAN and a
-Middlesex Special Jury.
-
-PROSECUTION FOR BLASPHEMY.
-
-THE QUEEN Versus HETHERINGTON.
-
-This was a prosecution instituted by Her Majesty's Attorney-General, Sir
-John Campbell, against Henry Hetherington, bookseller, of 126, Strand,
-for the publication of a blasphemous libel.
-
-
-.. clearpage::
-
-INDICTMENT
-==========
-
-
-.. dropcap:: O Of
-
-
-Of Easter term, in the Third Year of the Reign of Queen Victoria.
-Middlesex:--
-
-Be it remembered, that on Tuesday, the twenty-eighth day of April, in
-the third year of the reign of our sovereign lady Victoria, by the
-grace of God, of the United Kingdom of Great Britain and Ireland, Queen,
-Defender of the Faith, in the court of our said lady the Queen, before
-the Queen herself at Westminster, in the county of Middlesex, upon
-the oath of twelve jurors, good and lawful men, of the said county of
-Middlesex, now here sworn and charged to inquire for our said lady the
-Queen for the body of the same county; it is presented as followeth,
-that is to say, Middlesex to wit. The jurors for our lady the Queen upon
-their oath present, that Henry Hetherington, late of Westminster, in
-the county of Middlesex, bookseller, *being a wicked, impious, and
-ill-disposed person*, and having no regard for the laws and religion of
-this realm, but *most wickedly, blasphemously, impiously, and profanely
-devising and intending to asperse and vilify that part of the Holy Bible
-which is called the Old Testament*, on the third day of February, in the
-third year of the reign of our sovereign lady Victoria, by the grace of
-God, of the United Kingdom of Great Britain and Ireland, Queen, Defender
-of the Faith, at Westminster aforesaid, in the county aforesaid, did
-publish, and cause to be published, a certain scandalous, impious, and
-blasphemous libel, of and concerning that part of the Holy Bible which
-is called the Old Testament, containing therein, amongst other things,
-divers scandalous, impious, and blasphemous matters of and concerning
-that part of the Holy Bible which is called the Old Testament, according
-to the tenor and effect following, that is to say, "What wretched stuff
-this Bible (meaning that part of the Holy Bible which is called the
-Old Testament) is, to be sure! What a random idiot its author must have
-been! I would advise the human race to burn every Bible they have got.
-Such a book is actually a disgrace to ourang outangs, much less to men.
-I would advise them to burn it, in order that posterity may never
-know we believed in such abominable trash. What must they think of our
-intellects? What must they think of our incredible foolery? And we not
-only believe it, but we actually look upon the book as the sacred word
-of God, as a production of infinite wisdom. Was insanity ever more
-complete? I for one, however, renounce the book; I renounce it as a vile
-compound of filth, blasphemy, and nonsense, as a fraud and a cheat, *and
-as an insult to God,"* to the great displeasure of Almighty God, to the
-great scandal, infamy, and contempt of that part of the Holy Bible which
-is called the Old Testament, to the evil example of all others, and
-against the peace of our said lady the Queen, her crown, and dignity.
-
-
-Second Count:
-=============
-
-
-.. dropcap:: A And
-
-
-And the jurors aforesaid, upon their oath aforesaid, further present,
-that the said Henry Hetherington, devising and intending as aforesaid,
-on the eleventh day of February and year aforesaid, at Westminster
-aforesaid, in the county aforesaid, did publish, and cause to be
-published, a certain other scandalous, impious, and blasphemous libel,
-of and concerning that part of the Holy Bible which is called the Old
-Testament, containing therein, amongst other things, divers scandalous,
-impious, and blasphemous matters of and concerning that part of the
-Holy Bible which is called the Old Testament, according to the tenor and
-effect following, that is to say, "One great question between you and me
-is, 'Is the Bible (meaning that part of the Holy Bible which is called
-the Old Testament) the word of God, or is it not? I assert that it is
-not the word of God, and you assert that it is; and I not only assert
-that it is not the word of God, but that it is a book containing more
-blunders, more ignorance, and more nonsense, than any book to be found
-in the universe," to the great displeasure of Almighty God, to the great
-scandal and contempt of that part of the Holy Bible which is called the
-Old Testament, to the evil example of all others, and against the peace
-of our lady the Queen, lier crown, and dignity.
-
-
-
-
-Third Count:
-============
-
-
-.. dropcap:: A And
-
-
-And the jurors aforesaid, upon their oath aforesaid, further present,
-that the said Henry Hetherington, further devising and intending as
-aforesaid, on the day and year last aforesaid, at Westminster aforesaid,
-in the county aforesaid, did publish, and cause to be published,
-a certain other scandalous, impious, and blasphemous libel of and
-concerning that part of the Holy Bible which is called the Old
-Testament, containing therein, among other things, divers scandalous,
-impious, and blasphemous matters of and concerning that part of the Holy
-Bible which is called the Old Testament, in one part thereof, according
-to the tenor and effect following, that is to say, "My object, and I
-fearlessly state it, is to expose this book (meaning that part of the
-Holy Bible which is called the Old Testament) in such a manner, that the
-children of the Stockport Sunday-school will reject it with contempt and
-in another part thereof, according to the tenor and effect following,
-that is to say,
-
-"Such a book (meaning that part of the Holy Bible which
-is called the Old Testament) ought to be rejected by every one. The
-human race have been too long gulled with such trash. Moses was the
-inventor of this grand cheat; and although it may have done some little
-towards frightening people into what is called morality, the purpose for
-which Moses invented it is now out of date,
-
-"to the great displeasure of Almighty God, to the great scandal and
-contempt of that part of the Holy Bible which is called the Old
-Testament, to the evil example of all others, and against the peace of
-our lady the Queen, her crown, and dignity."
-
-[Witness] ALEXANDER KERR,
-
-One sworn in court.
-
-A true Bill.
-
-On the names of the gentlemen summoned as Special Jurymen being called
-over, only five answered to their names.
-
-The Attorney-General prayed a tales, when the following were sworn:--
-
-The Jury.
-
-Special--
-
-Robert Savage, Esq., 11, Montaguplace, Bloomsbury.
-
-James Arboine, merchant, 3, Brunswick-square.
-
-William Fechney Black, merchant, Wilton-place.
-
-Charles Frederick Barnwell, Esq., 44, Woburn-place.
-
-Robert Eglinton, merchant, 29, Woburn-square.
-
-Common Jurors--
-
-Charles Ricketts, stove-maker, 5, Agar-street, West Strand.
-
-William Polden, licensed victualler, Villiers-street, Strand.
-
-John Osborne, confectioner, 401, Strand.
-
-John Johnson Ruffell, painter, 24, Church-street, Soho.
-
-Thomas Reid, baker, 24, Old Compton-street, Soho.
-
-Charles Phillips, ivory brush-maicer, 20, King-street, Soho. J. Mahew,
-baker, 84, Greek-street, Soho.
-
-
-
-
-Mr. Bult opened the proceedings
-===============================
-
-
-.. dropcap:: T The
-
-
-The Attorney-General said, this was an indictment found by the Grand
-Jury of Middlesex, for the publication of certain blasphemous libels.
-It appeared to him that all he should have to do, would be to prove
-the publication of the libels in question. He had not hesitated for one
-moment, when he found there were only five Special Jurymen, to pray a
-tales, because it was to him a matter of perfect indifference from what
-class of society the Jury was taken. It had frequently been laid down by
-the Judges, that to insult and vilify Christianity was against the
-law. Publications insulting religion, and addressed to the vulgar and
-uneducated, were most dangerous. He would call a witness who purchased
-these books in the defendant's shop, the defendant himself being
-present; and he should prove that the defendant was rated to that house.
-It gave him pain that it should be necessary for the Jury to hear such
-shocking attacks as were contained in this publication. It consisted
-of a series of letters, and each number was sold for a penny. It was
-"Letters to the Clergy of all Denominations" and was, in fact, an attack
-upon the Holy Scriptures, particularly on the Old Testament. He should
-content himself with reading one extract.--(The learned Gentleman then
-read an extract from Letter 8, contained in the first count of the
-indictment.) Mr. Hetherington was in person to defend himself: they
-would hear what he had to say, and then he (the Attorney-General) would
-have an opportunity of again addressing them.
-
-The following witness was then called and examined by Sir F. Pollock.
-
-Alexander Kerr, a policeman, bought the "Letters to the Clergy," 5,
-8, and 13, at the shop of the defendant, 126, Strand, on the 5th of
-February last. A young man served him. Knows defendant--he was standing
-on the threshold of the door at the time; has known him for the last
-three years; has seen him repeatedly at the shop. Paid one penny each
-for the letters.
-
-Cross-examined by Mr. Hetherington.--Did not come in his uniform to
-purchase them. Came from directions he had received, not from any
-reputation the work had acquired. Did not read the fifth number or
-the eighth number of the book purchased at the shop. Stated at the Old
-Bailey, at the trial of Mr. Cleave, that he had read a copy, but not the
-one purchased of defendant. Curiosity induced him to read it. It did
-not shake his opinion--it did not make him burn his Bible; quite the
-opposite. He is a plainly-educated man. Was instructed to purchase all
-he could get at defendant's shop. Purchased other numbers, but did not
-read them. The work produced no effect on him to induce him to follow
-the recommendations of the author.
-
-George Sherwill, collector of poor's-rate for the liberty of the Savoy,
-proved that defendant was rated for No. 126.
-
-The libels were then put in and read: first, No. 8 of "Haslam's Letters
-to the Clergy of all Denominations," then 5 of the same work, and then
-18.
-
-The Attorney-General said, that was the case for the prosecution.
-
-
-.. clearpage::
-
-DEFENCE
-=======
-
-
-.. dropcap:: M My
-
-
-My Lord--Gentlemen of the Jury,
-
-"In rising to vindicate myself from the charge preferred against me in
-this indictment, I shall not attempt to justify the language alluded
-to by the Attorney-General; but I cannot refrain from expressing my
-surprise that the Government, after having encouraged the circulation
-of cheap knowledge upon all subjects,--in Penny Magazines and Penny
-Cyclopaedias,--should have placed me on my trial upon such a flimsy
-charge as this--for flimsy it undoubtedly is, when, out of a work
-comprising nearly 500 pages, the Attorney-General can only find one
-passage,--that in the eighth Letter, which is, I admit, expressed in
-very improper language,--whereon to found an indictment. I contend that
-it is impossible to say where a person is to stop in his inquiries. If a
-person is permitted to reject one tenet, another may reject another; and
-there is no reason why another should not go on, and reject the
-whole. In the whole work there is not one disrespectful word about
-Christianity; it is a rejection of the miracles ascribed to Moses in the
-Old Testament, which have been indignantly rejected by many learned men.
-The work was not intended as a scurrilous attack, but as an inquiry into
-the effects of the usages of society, founded upon the Old Testament.
-The object of Mr. Haslam was benevolent; and however much he might err,
-he was not criminal. He undertook to prove to the clergy that they
-were all in error that the doctrines they are teaching to the people
-are false, absurd, and irrational; that they are directly contrary to
-reason; and that, so long as they are preached to the people, so long
-will the people be vicious, wretched, and unhappy.
-
-"The Attorney-General has only read the objectionable passages: I will
-read a few passages from Mr. Haslam's first Letter, which will enable
-the Jury to understand the nature of his work, and appreciate his
-motives. Having frankly stated his object, he proceeds:--
-
-"You, no doubt, will feel concerned at this; you will very likely be
-angry with me for this daring attempt; you will call me Deist, Atheist,
-Infidel, and many other charitable epithets; you will feel unutterable
-things towards me; and I shall, no doubt, be subject to the *extreme
-charity* of your *pious* congregations, who profess to 'love their
-neighbours as themselves,' and into whose minds you have crammed
-absurdity after absurdity, until they have scarcely room for another.
-I shall, no doubt, expose myself to all manner of ill-feeling and
-uncharitableness, and to calumnies and lies of every description; but
-shall these deter me from making known the convictions of iny mind?
-Shall these hinder me from exposing the errors and absurdities which I
-see interested men instilling into the minds of the people? Shall these
-prevent me from telling the people that they are deceived and imposed
-upon, and that their beggary, and want, and wretchedness, are the
-consequences of it? Shall these, in short, stop me from exposing the
-irrationalities which I see everywhere around me, and which occasion so
-much misery and unhappiness to my fellow-men? No, I tell you they shall
-not. That power which sent you into the world, sent me into the world
-also; and if you have a right to think and speak, I have a right to
-think and speak also. I have received an organization for the purpose as
-well as any of you; and as long as that organization remains unimpaired,
-so long will I tell the world what I think and feel.
-
-"Why should any of you be angry with me? If I can prove your doctrines
-to be false and erroneous, what occasion is there for anger? What
-can you want with doctrines that are false? As honest men you ought
-immediately to abandon them. Instead, therefore, of being angry with
-me, you ought to have the very opposite feeling; for of what service can
-error and nonsense be to any man, or any set of men?
-
-"But if I prove that your doctrines are not only false and erroneous,
-but that they occasion a vast amount of mischief to the people; that
-they occasion want and vice, and all manner of wickedness, and that, by
-removing them from the minds of the people, and substituting truths, all
-this want, and vice, and wickedness might be put an end to; if, I say,
-I prove this, why should you be angry with me for doing it? Surely
-you cannot wish the people to remain in a state of want, and vice, and
-wickedness; and yet, if you do not, why should you be angry at me for
-showing you the causes of them, and pointing out the means for their
-removal?
-
-"You talk a great deal about morality and religion; you manifest in your
-pulpits a great anxiety to spread them amongst the people; but who can
-believe you to be sincere, when you resist every attempt to remove the
-causes of immorality and irreligion? You must know that effects cannot
-be removed without removing the causes of them, and by resisting the
-removal of these causes, you evidently show a disposition to keep the
-people in wickedness. This wickedness proceeds from certain causes. We
-have pointed these causes out to you, and if you will not remove them,
-does not that evidently show that you would rather that the people were
-wicked? Can there be conclusions more logical? What ridiculous cant it
-must be then to talk about morality and religion?
-
-"My assumption then is, that the belief of every man is given to him
-*independently of his will*, and that, therefore, no just power can
-punish him for it.
-
-"Your assumption is the opposite of this; you assert that the belief of
-every man depends upon his own will; *that he can either believe in the
-Bible, or not believe in the Bible*; that he can either be Christian or
-Jew, Mahomedan or Infidel, and that, therefore, God will punish him if
-he do not believe in a particular manner.
-
-"These then, are our respective assumptions--and now let reason, 'the
-grand prerogative of man,' determine between us.
-
-"Gentlemen, contrast the spirit of Mr. Haslam in this passage with the
-spirit of my prosecutors. He invokes Reason, 'the grand prerogative of
-man,' to determine between them; the Clergy, on the contrary, resort to
-prosecution to crush a reasoning opponent.
-
-"I beg to inform you that I have read the Bible attentively, and that
-the more I read it the more reason I see for disbelieving it.
-
-"The Bible asserts things which the whole of my senses tell me are
-false; and if my senses are independent of myself, how can I help
-disbelieving it?
-
-"I know that God gave me my senses; but how can I believe God made the
-Bible, when it is directly opposed to these senses? To believe that God
-is the author of both, is to believe that God commits absurdities like
-yourselves; and to ascribe such a paltry and blundering performance as
-the Bible to that power which governs the universe is to dishonour that
-power, if any thing can dishonour it.
-
-"But a man's belief is not only formed independently of his will, but
-it is often formed in direct opposition to it. I, for instance, once
-believed that the principles which I now hold were false; I used
-to argue against them, and even write against them, and my will to
-disbelieve them was so strong, owing to their apparent absurdity, that
-I used to be delighted when I imagined I had discovered a fresh argument
-with which I might overturn them. Continuing, however, to argue, I began
-to see their truth; I saw the principles more clearly; I found I had
-mistaken them very much; and at last I saw into them as clearly, as
-Cobbett used to say, as the sun at noon-day.
-
-"Now here, you see, my will was to disbelieve these principles; but,
-after the process of reasoning was over, I was compelled to alter my
-will. This, then, being the case, was that will free? Could I have
-continued to disbelieve them, when my convictions told me they were
-true? And if I could not, where, I again ask, was my free will?
-
-"Here, then, is reasoning enough to prove the truth of my assumption;
-and now I beg to call your attention to its peculiar effect upon your
-various systems of religion.
-
-"In conclusion, therefore, I beg to call upon you to defend your
-doctrines from the serious charges I have here made, and shall continue
-to make against them. You may either do it by writing, or by verbal
-discussion, whichever you please. But do not continue to act so meanly
-and dishonourably, as to preach doctrines to the people which have over
-and over again been proved to be false and absurd, and which none of you
-are able to defend."
-
-Gentlemen, you will see by these passages that Mr. Haslam appeals to
-reason. He calls upon the Clergy to defend their doctrines, telling
-them they may either do it "by writing, or by verbal discussion." The
-Government, however, disregarded this appeal; they ought to have called
-upon the Bishop of Exeter, and other well-paid bigots of his class, to
-come forward and confute Mr. Haslam. But instead of this they prosecute
-a bookseller, who had never read a line of the book until this
-prosecution. They ought to meet Mr. Haslam with his own weapons; and
-it is disgraceful to the Government, which has always advocated the
-diffusion of cheap knowledge, to submit to the taunts of the Bishop of
-Exeter, and other bigots like him, by instituting these prosecutions for
-blasphemy. However we may disapprove of Haslam's doctrines, we cannot
-but perceive that he is sincere in his belief.
-
-Gentlemen, I will, as I proceed, prove to you that the convictions of
-a tat which he now believes to be true to have been false. Gentlemen,
-I readily admit that the passage in the eighth number is offensively
-worded; but I will prove that the free exercise of the right of inquiry
-is not, and ought not to be, an offence in law. I will also call your
-attention to the hardship of a general bookseller being held responsible
-for every book that he sells, and will call your attention to the
-oath you have taken, and claim from you that acquittal to which I am
-entitled. I claim no exemption from punishment if I sell any obscene
-publication,--anything calculated to corrupt or demoralize society,--or
-any attacks upon a man's private character; but in cases of the
-discussion of abstract truths, is a man to be punished for the
-convictions of his mind, which are not in the power of his will? It
-is too bad to bring a man into a court of justice on account of a few
-solitary passages in a work of this nature.
-
-Gentlemen of the Jury, our great and popular moralist, Dr. Johnson, has
-declared that "Truth is the basis of all excellence." This axiom is so
-clear and indisputable, that no intelligent man can hesitate to adopt
-it. How, then, can the truth, upon the various subjects interesting to
-human beings, be elicited? Not by letting interested men think for us,
-but by judging for ourselves--by collecting and examining facts
-and arguments, and communicating to society the impressions they
-respectively make upon our minds. There is no effectual mode of arriving
-at truth, but by the exercise of the right of free inquiry, and the
-unrestricted publication of the result of such inquiry. This right has
-been deemed of pre-eminent importance from time immemorial, and by men
-of all sects and parties; and although corrupt and tyrannical rulers in
-the past ages of the world have prosecuted honest men, and endeavoured
-to suppress the truth, you will find that in every case to which I shall
-call your attention, the intrepid advocates of truth have ultimately
-triumphed. Now, Gentlemen of the Jury, I will proceed at once to fortify
-myself with a few authorities,--not that I think truth depends upon
-great names, however numerous and illustrious they may be, but because
-I am determined to advance nothing that is not, in my opinion, strictly
-true, and sanctioned and maintained by the greatest intellects of the
-age.
-
-Gentlemen, I will begin with a Bishop.
-
-"God has given us rational faculties to guide and direct us, and we must
-make the most of them that we can; we must judge with our own reasons,
-as well as see with our own eyes; and it would-be very *rash, unmanly,
-and base* in us to muffle up our own understandings, and deliver
-our reason and faith over to others blindfold."--*Bishop Burnett's
-Thirty-nine Articles*, A. 39.
-
-"Gentlemen of the Jury, will you, by your verdict, consign a man to
-a dungeon, because he is too honest and independent to act a '*rash,
-unmanly, and base*' part? Will you declare, by your verdict, that
-henceforth we shall not '*judge* with our own reasons, nor *see* with
-our *own eyes*?' I feel confident you will not.
-
-"*Dr. Whitby*, in his *Last Thoughts*, tells us, "that belief or
-disbelief can neither be a virtue or a crime, in any one who uses the
-best means in his power of being informed.
-
-"If a proposition is *evident*, we cannot avoid believing it; *and where
-is the merit or piety of a necessary assent?* If it is *not evident*, we
-cannot help rejecting it, or doubting of it; *and where is the crime of
-not performing impossibilities, or not believing what does not appear to
-us to be true?*"
-
-Gentlemen of the Jury, can you dispute the truth of the passage I have
-quoted from Dr. Whitby? Will you, by your verdict, pronounce it to be
-"*a crime* not to perform *impossibilities*, and endeavour to *force
-us to believe* what does not appear to us to be true?" Gentlemen, you
-cannot do it. Let us briefly trace the operations of the human mind, and
-we shall find that the mind is governed by a law of necessity. Are we
-not definitely and necessarily' affected by the circumstances which
-surround us? Have we power to avoid receiving impressions from the
-objects presented to us? If we have not, which is now universally
-admitted by intelligent men, then the act of *perceiving*, or *forming
-ideas*, is a necessary mental operation. Can we, for instance, have an
-idea of a man when a monkey is presented to us? Or of colours other than
-those which are placed before our visual organs? We cannot, if the eye
-be not diseased, perceive red to be green, or green red. The power of
-*perception*, therefore, appears to be perfectly involuntary--it is
-governed by a law of necessity.
-
-The next operation of the mind is to form a judgment of the things
-perceived; and it is these two things--*perceiving* and *judging*--which
-constitute a man's knowledge or experience. If two bodies of different
-magnitudes are presented to our view, are we not compelled to judge of
-them according to the impression they respectively make upon the mind?
-It is precisely the same with *men, manners, and opinions*. Must we
-not conclude that things are what they appear to be, till we know the
-contrary? I would appeal to your own experience, Gentlemen, whether you
-do not invariably and necessarily judge of men and things according to
-their inherent or imaginary qualities? Some men, indeed, are puzzled
-to account for the diversity of judgment observable where different men
-examine the same subject, and from the same data; but this circumstance
-is easily accounted for. It results simply from this fact, that men
-judge of things precisely as they appear to them: and the different
-judgments formed of the same things are ascribable wholly to the
-different degrees of strength in the power of perception, and to the
-extent and variety of knowledge previously acquired. *Perception and
-judgment*, therefore, appear to be involuntary and necessary.
-
-Gentlemen, if this be true, is a man who has arrived at conclusions
-adverse to the *received opinions* of society a fit subject of
-punishment? If not, how much less so is the bookseller who merely sells
-his book?
-
-Mr. Haslam calls upon the Clergy to enter into the controversy with him,
-and to let *reason* decide between them. Why do not the Government, and
-the learned Attorney-General, adopt Mr. Haslam's recommendation, instead
-of instituting a prosecution against a bookseller who never read a
-line of the book till his attention was called to it by this
-unjust prosecution? Why do not the Government,--who patronise penny
-literature--who affect to be friendly to free discussion, call on
-the Bishop of Exeter, and other well-paid bigots, to defend the Bible
-against the assaults of Mr. Haslam? For the learned Attorney-General to
-attempt to crush the free expression of opinion by prosecutions of this
-nature, is most unjust and impolitic. I maintain that two out of the
-three passages read would not support the indictment at all; and the
-third passage--set forth in the first count of the indictment--so far
-from being blasphemy, declares that the author *rejects the Bible,
-because he looks upon it as containing statements that were insulting to
-God*. In the passage immediately following that which is prosecuted, the
-author admits that the book contains some good precepts, but declares
-that he deems mere precepts to be useless. I will take the liberty of
-reading the passage to the Jury.
-
-"I allow that there are some good precepts in it, but I contend that
-these precepts are useless. I contend that *all* precepts are useless.
-Of what use have all the precepts in the world been to the human race?
-Have they made man wiser, or better, or happier? Have they lessened the
-amount of his vice and his misery? 1 contend that they have not. Vice
-and misery have been increasing, although these precepts have been more
-and more preached to the people. Precepts, reverend ministers of the
-gospel, are mere wind; they are as empty as the vapour issuing from
-the kettle's spout; they have no effect whatever in making man wise, or
-good, or happy; the present wretchedness of the world is a proof of it.
-The way, reverend sirs, to make man wise, and good, and happy, is, not
-to preach precepts to the people, but to abolish the present irrational
-system of individual property; to arrange society in such a manner that
-the interest of one man will be the interest of the whole. Until this
-be done, all the precepts in the world, preached, too, with all
-the eloquence in the world, will never remove man from his present
-deplorable condition."
-
-Gentlemen, you will perceive by this extract that the author is a
-socialist. It is not necessary for me to maintain that he is right in
-these opinions. All that I have to do is to show that these opinions
-were sincerely believed by Mr. Haslam. I have clearly shown that belief
-is involuntary. No man can tell one day what his belief will be the
-next. In my own person I furnish an instance of this. I married
-young, and having formed in my mind a standard of ideal perfection, I
-determined that my children should equal that standard, as far as human
-means could make them. I tried to effect my object by severity. Acting
-upon wrong principles, of course, I failed; but at that time I was young
-and ignorant, and believed myself to be right. However, a friend who
-knew better than myself, and who had had much experience, lent me Miss
-Williams's Letters on the Philosophy of Education, and the reading of
-that book put new ideas into my mind. It produced, in fact, a mental
-revolution;--I changed my opinion and my system, and did so with the
-happiest success. From that time I banished coercion as a principle
-of education. I repeat, then, that belief is not voluntary, and that
-compulsion is not a good means of producing good belief or good conduct.
-
-Gentlemen, I will now quote the opinion of Bishop Marsh, as to the
-importance of free inquiry. I quote from the Bishops as persons of
-the greatest authority on this subject, far greater than the
-Attorney-General, or any of his legal brethren.
-
-"Investigation, it is said, frequently leads to doubts where there were
-none before. So much the better. If a thing is false, *it ought not
-to be received*; if a thing is true, *it can never lose in the end by
-inquiry*."--*Bishop Marsh's First Lecture*.
-
-Gentlemen, you have heard the opinion of Bishop Marsh. You cannot
-suppose that the Bishops are adverse to the Church--they are great
-supporters of it, and so, perhaps, might I be if I got so much by it--(a
-laugh)--as like circumstances produce like effects. Well, Gentlemen,
-Bishop Marsh maintains that "if a thing is *false*, it ought not to be
-received; if it is true, it can never lose in the end by inquiry." Why,
-then, should the Attorney-General prosecute a person who rejects a thing
-that does not appear to him to be true?
-
-Gentlemen, let me now submit to your attention the opinion of Sir
-William Temple.
-
-*Sir William Temple* says, "They may make me do things which are in my
-power, and depend on my will; but to believe *this* or *that* to be
-true depends not on my will, but upon the light, and evidence,
-and information which I have. And will civil discouragements and
-incapacities, fines and confiscations, stripes and imprisonment,
-enlighten the understanding, convince men's minds of error, and inform
-them of the truth? Can they have any such efficacy as to make men change
-the inward judgment they have framed of things? *Nothing can do this
-but reason and argument*: this is what our minds and understandings will
-naturally yield to, but they *cannot* be compelled to believe any thing
-by outward force. So that the promoting of *true* religion is plainly
-out of the magistrate's *reach*, as well as beside *his office*."
-
-Here, Gentlemen, you have the opinion of Sir William Temple, that men
-cannot be forced to believe anything by outward force and persecution,
-so that the promoting of true religion is out of the magistrate's
-power, as well as beside his office. This is a most true and proper
-declaration; and if the Attorney-General had reflected upon this
-passage, I am sure he must have fully appreciated its truth, and then
-this prosecution would not have been instituted. I appeal to the learned
-Attorney-General, whether my being ruined and sent to a dungeon will
-alter the state of things? Will it alter the opinion of Mr. Haslam? Will
-it make me believe that I ought to be prosecuted for selling this book;
-or that a man has not a right to promulgate his opinions? I am placed in
-an awkward position in having to defend a man's right to publish, while
-I dissent from some of Mr. Haslam's opinions, and the manner in which
-he has thought proper to express them. I have been told that the
-Attorney-General is a good kind of a man, who has no wish to press
-severely upon persons in my situation; and some friends--not my true
-friends--have urged me to forward a memorial to him on the subject of
-this prosecution. Now what could I do? There was no way of inducing the
-Attorney-General to stay this prosecution, but by pleading guilty; and
-although I am well aware that your verdict, if adverse to me, will be
-my ruin, yet I would rather terminate my existence on the floor of this
-court than plead guilty to this lying indictment, or admit that I am
-a wicked, malicious, and evil-disposed person, when I know that to
-the best of my judgment and ability I am an upright, honest,
-well-intentioned man. If I believed myself to be the man described,
-in the indictment--which I must do before I could consent to plead
-guilty--I would fly to the uttermost parts of the earth; for a man is
-totally destroyed when he has lost all feeling of self-respect, and the
-esteem and regard of his friends and associates.
-
-Gentleman of the Jury, I have yet a host of authorities before me, but
-I will not waste time by quoting them; as I am convinced you must now be
-quite satisfied, from what I have already adduced, that every Englishman
-has an undoubted right to investigate all subjects--whether religious
-or political--and to publish the result of the investigation for the
-benefit of society at large; but, Gentlemen, in closing what I have to
-say on this part of the subject, I beg to lay before you two striking
-and convincing passages from Lord Brougham and Dr. Southwood Smith--two
-of the most intellectual and eminent individuals of the present day.
-
-Gentlemen, the first passage I will quote is from Dr. Southwood Smith,
-who strikingly and beautifully describes the proper boundary of human
-investigation; and I beg the particular attention of the learned
-Attorney-General to this passage.
-
-"There is no proper boundary to human investigation," says the doctor,
-"but the capacity of the human mind. Whatever the faculties enable it to
-understand, it ought to examine without any restraint on the freedom of
-its inquiry, and without any other limit to its extent than that which
-its great Author has fixed, by withholding from it the power to proceed
-farther. When the means of conducting the human understanding to its
-highest perfection shall have become generally understood, this freedom
-of inquiry will not only be universally allowed, but early and anxiously
-inculcated, *as a duty* of primary and essential obligation."
-
-Gentlemen, I now beg you to listen to the extract I am about to read
-from *Lord Brougham's Inaugural Address to the University of Glasgow*.
-
-"As men will no longer suffer themselves to be led blindfold in
-Ignorance, so will they no more yield to the vile principle of judging
-and treating their fellow-creatures, not according to the intrinsic
-merit of their actions, but according to the accidental and involuntary
-coincidence of their opinions. The great truth has finally gone forth
-to the ends of the earth, *that man shall no more render* ACCOUNT TO MAN
-FOR HIS BELIEF, OVER WHICH HE HAS HIMSELF NO CONTROL.
-
-"Henceforward nothing shall prevail upon us to praise or to blame any one
-for that which he can no more change than he can the hue of his skin or
-the height of his stature. Henceforward, treating with entire respect
-those who conscientiously differ from ourselves, the only practical
-effect of the difference will be, to make us enlighten the ignorance, on
-one side or the other, from which it springs, by instructing them, if it
-be theirs, ourselves, if it be our own; to the end that the only kind of
-unanimity may be produced which is desirable among rational
-beings,--the agreement proceeding from full conviction after the freest
-discussion."--*Lord Brougham.*
-
-Gentlemen, after hearing these splendid passages, will it be possible
-for you to sanction a renewal of persecution to crush freedom of
-opinion?
-
-Gentlemen of the Jury,--I now come to the next point in the argument.
-Having, I hope, successfully proved the right of free inquiry and the
-free publication of opinions, I will proceed to show, by a reference
-to past events, that it is highly important that this right should
-be preserved, and handed down to our latest posterity unimpaired.
-Gentlemen, it has been a uniform practice, from the earliest records of
-time, to stigmatize those who introduce new truths, or who attack the
-existing institutions of a country, as infidels, and to fix upon them
-all sorts of opprobious epithets.
-
-"In all ages *new doctrines* have been branded as impious; and
-Christianity itself has offered no exception to this rule. The Greeks
-and Romans charged Christianity with 'impiety and novelty.' In *Cave's
-Primitive Christianity* we are informed 'that the Christians were
-everywhere accounted a pack of *Atheists*, and their religion *the
-Atheism.*' *They were denominated; 'mountebank impostors,' and 'men of a
-desperate and unlawful faction.' They were represented as 'destructive
-and pernicious to human society,' and were accused of 'sacrilege,
-sedition, and high treason.' The same system of misrepresentation and
-abuse was practised by the Roman Catholics against the Protestants at
-the Reformation. Some called their dogs Calvin; and others transformed
-Calvin into Cain,' In France, 'the old stale calumnies, formerly
-invented against the first Christians, were again revived by Demochares,
-a doctor of the Sorbonne, pretending that all the disasters of the
-state were to be attributed to Protestants alone.'"--*Combe on the
-Constitution of Man*.
-
-In our own enlightened country, where the importance of truth--and free
-inquiry as a means of its attainment--is beginning to be appreciated,
-a different practice should prevail. We ought not to persist in this
-unmanly course. Recollect, Gentlemen, the Prophets of the Jews were
-*blasphemers* against the established religions of their day. Did that
-deter them from denouncing the idolatry and false religions of the
-surrounding nations? Elijah is represented as ridiculing the God of the
-Moabites in a most offensive manner: "*And it came to pass at noon, that
-Elijah mocked them and said, 'Cry aloud: for he is a god; either he is
-talking f or he is pursuing, or he is in a journey, or peradventure he
-sleepeth and must be awaked.*'" 1 Kings xviii. 27. And in Judea, Jesus
-and his Apostles were charged as blasphemers against Judaism, or the
-religion established by Moses. We have a remarkable proof of this in the
-case of Stephen, recorded in the 6th and 7th chapters of the Acts of the
-Apostles.
-
-"And they were not able to resist the wisdom and the spirit by which he
-spake.
-
-"Then they suborned men, which said, We have heard him speak
-*blasphemous* words against Moses, and against God.
-
-"And they stirred up the people, and the elders, and the scribes, and
-came upon him, and caught him, and brought him to the council,
-
-"And set up false witnesses, which said, This man ceaseth not to speak
-blasphemous words against this holy place and the law:
-
-"For we have heard him say that this Jesus of Nazareth shall destroy
-this place, and shall change the customs which Moses delivered
-us."--Acts vi, 10--14.
-
-And Stephen defending himself before the Council, boldly asks them,
-
-"Which of the prophets have not your fathers persecuted? And they have
-slain them which showed before of the coming of the Just One; *of whom
-ye have* BEEN NOW THE BETRAYERS AND MURDERERS.
-
-"When they heard these things they were cut to the heart, and they
-gnashed at him with their teeth.
-
-"And they cried out with a loud voice, and stopped their ears, and ran
-upon him with one accord,
-
-"And cast him out of the city, and stoned him." Acts vii; 51, 52,
-54,57,58.
-
-Now, Gentlemen, is it just or politic that the proclaimers of new
-truths, and new systems, should be treated in this manner? Would it not
-be far more rational to hear what a man has to say, and answer him, than
-to "gnash at him with the teeth," to "stop your ears," to "run at him
-with one accord," and to "stone him to death?" Can you, Gentlemen, by
-your verdict give your sanction to a course of proceeding similar to
-that which deprived Stephen of life? All persecution is the same in
-spirit--highly unjust and impolitic--whether it be exercised against the
-Apostle Stephen, or the humble individual who now addresses you.
-
-Gentlemen, the supporters of the established religion in the days of the
-Apostles, pursued the same course that the bigots of the present day are
-pursuing. They applied to the High Priest, or to the Attorney-General
-of that day, to prosecute Stephen for *blasphemy*, and stirred up the
-people. In the present case the Bishop of Exeter did not stir up the
-people, but he stirred up the Government. He sent a packet of papers to
-Lord Normanby, who handed them to the Attorney-General, and he
-appears to have considered it to be his duty to institute the present
-prosecution. The learned Attorney-General, as was the case with the
-priests and rulers of the Jews, would not allow any discussion to
-take place that was likely to change existing customs. I will do the
-Government the justice to say, however, that I do not believe they are
-disposed to put a stop to the full investigation of any subject, if
-conducted with decency. I readily admit that the passage in the
-eighth number of Mr. Haslam's Letters is highly objectionable in
-phraseology--it is in very bad taste--but is that a reason for sending
-a bookseller to prison, because he has sold a book written in bad taste?
-It cannot be--all published works must be left to the fiat of public
-opinion to determine their merit.
-
-Gentlemen, the same spirit was evinced by the wicked and corrupt rulers
-of the Jews against the founder of Christianity. They sought false
-witnesses against him; but at length, Jesus having spoken out
-explicitly, the High Priest rent his clothes, saying, "*He hath spoken
-blasphemy; what further need have we of witnesses? Behold, now ye have
-heard his blasphemy. What think ye? They answered and said*, **HE is
-guilty to death.**" (Matt. 26; 65.) Will you, Gentlemen--a Christian
-Jury--considering Christianity part and parcel of the law of the land,
-by your verdict say, that Jesus was rightly treated by the Jews? Ought
-the constituted authorities of that day to have obstructed the glorious
-truths of Christianity, and have put to death the Messenger of Man's
-salvation? Unless you deliver a verdict of acquittal, in my case, you
-in effect sanction and justify all the cruelties exercised against Jesus
-and his Apostles by the rulers of the Jews?
-
-The learned Counsel for the prosecution will, perhaps, think that there
-is no analogy between the cases cited and my own case--that Jesus and
-his Apostles introduced truths of the greatest magnitude and importance,
-while I am indicted for selling a book that denies the truth of the
-Jewish Scriptures. Why, Gentlemen, Dr. Adam Clarke says, "There is
-some reason to fear that they (the Jews) *no longer consider the Old
-Testament as divinely inspired, but believe that Moses had recourse
-to pious frauds*." And, Gentlemen, Jesus and his Apostles denied the
-*truth* of the Jewish Scriptures--*as understood by the rulers of the
-Jews*,--and for denying the orthodox and received sense of the Jewish
-Scriptures were accused of blasphemy, and received the fate of martyrs!
-That cannot be disputed. Was it just, then,--was it politic, I ask, to
-settle this controversy by force and cruelty? To *scourg or imprison, and
-destroy* those glorious men who had important truths to impart to the
-world? If England has embraced Christianity--and we are not a nation of
-hypocrites--let us act upon the spirit of his religion. He says plainly
-and emphatically, that we are not to root up error by force or cruelty.
-
-In the parable of the tares of the field, he sets forth our duty. "The
-Kingdom of Heaven," he says, "is likened unto a man who sowed good seed
-in his field; but while men slept, his enemy came and sowed tares among
-the wheat, and went his way. But when the blade was sprung up, and
-brought forth fruit, there appeared the tares also. So the servants of
-the householder came and said unto him, Sir, didst thou not sow good
-seed in thy field? from whence then hath it tares! He said unto them, An
-enemy hath done this. The servant said unto him, Wilt thou then that we
-go and gather them up? But he said, *Nay; lest while ye gather up the
-tares, ye root up also the wheat with them*. **Let both grow together
-until the harvest.**" Matt, xiii; 25--30.
-
-When his disciples demanded an explanation of this parable, he said,
-"The field is the world: the good seed are the children of the Kingdom:
-but the tares are the children of the wicked one: the enemy that sowed
-them in the devil: the harvest is the end of the world; and the reapers
-are the Angels. The Son of Man shall send forth his Angels, and They
-shall gather out of his Kingdom all things that offend, and them which
-do iniquity." Matt, xiii; 38, 39. 41.
-
-Gentlemen, how unjust and impolitic, then, are these prosecutions. Do
-they stop the progress of truth? Persecution for matters of opinion
-is the same in every case--impolitic--for it never yet succeeded in
-stopping the circulation of a correct opinion or a prohibited book?
-Why should *Christians* prosecute men for disbelieving the *Jewish*
-Scriptures, when, according to Dr. Adam Clarke, the Jews disbelieve
-parts of the Old Testament themselves? Why should professed Christians
-take up and defend that which the Jews themselves reject? Paul, himself,
-teaches us that the Jewish law has been superseded by a superior system.
-He tells us that the Jewish law "was our schoolmaster to bring us
-unto Christ (or Christianity), but after that we are no longer under a
-schoolmaster." Gal. iii; 24, 25.
-
-I can assure the Jury that if Haslam's Letters to the Clergy is an
-improper book, it cannot be put down by prosecution; it is far better to
-leave it to coldness and neglect. I could give many proofs of this. I
-am myself an instance of the inefficacy of prosecution. I have been
-prosecuted, as I think with great injustice, for the publication of a
-paper called *The Poor Man's Guardian*. Five hundred men was imprisoned
-for selling it; I was twice imprisoned, and the circulation of the
-paper, thus prosecuted, more than paid my losses; but at last, in the
-Court of Exchequer, before Lord Lyndhurst, the Jury found a verdict in
-my favour, for I convinced the Jury that the publication was one which
-was not against the law.
-
-The Attorney-General: The Jury found that it was not a newspaper.
-
-Precisely so: and as soon as it was known that the *Guardian* was a
-legal paper, it went down at once. I could not sell copies enough to pay
-the expenses (a laugh). It has been just the same with these Letters;
-they have remained unsold till this prosecution, but as soon as it was
-known that they were prosecuted, the man who published them could not
-print them fast enough.
-
-Gentlemen, the enlightened Christians of the present day, by sending out
-Missionaries to propagate Christianity, are guilty of blasphemy against
-the established religion of heathen countries. It would be considered
-in England very unjust and cruel if the natives were to seize our
-Missionaries, and imprison and ill-treat them. If in this country we
-are in the habit of sending out Missionaries to proclaim new truths
-to foreign countries--is it not grossly inconsistent and unjust, while
-doing this, to punish persons for free investigation at home? In a
-recent case, cannon have been fired upon the natives of one of the Tonga
-Islands, because they would not receive these Missionaries. The argument
-of these Christians is, that truth must be propagated all over
-the world--but why stop inquiry at home, while suffering a British
-man-of-war to fire upon these islanders, because they would not receive
-the new truths of the Missionaries in the way they wished? Is it
-wise--is it not highly impolitic, then, to attempt to check the progress
-of intellect and human improvement? Can it be done by persecution and
-imprisonment? No, Gentlemen, the spirit of inquiry is abroad among the
-industrious millions--no subject is too sacred for their investigation.
-The mind has burst the fetters imposed on it, in the days of by-gone
-ignorance, by the cupidity of interested and hypocritical priests, who
-are fully aware that their principles and practices cannot stand the
-test of free inquiry. Even Mr. Wesley, the founder of Methodism, saw
-that his darling system must ultimately fall before the searching eye of
-philosophy and truth.
-
-*From the Life of the Rev. John Wesley, published in 1792*.
-
-"Dear Sir,--For your obliging letter, which I received this morning, I
-return you thanks.
-
-"Our opinions, for the most part, perfectly coincide respecting the
-stability of the connexion after my head is laid in the dust. This,
-however, is a subject about which I am not so anxious as you seem to
-imagine; on the contrary, it is a matter of the utmost indifference to
-me, as I have-long foreseen that a division must necessarily ensue,
-from causes so various, unavoidable, and certain, that I have long
-since given up all thoughts and hopes of settling it on a permanent
-foundation. You do not seem to be aware of the most effective cause that
-will bring about a division. You apprehend the most serious consequences
-from a struggle between the preachers for power and pre-eminence, and
-there being none among them of sufficient authority or abilities to
-support the dignity, or command the respect, and exact the implicit
-obedience, which is so necessary to uphold our constitution on its
-present principles. This, most undoubtedly, is one thing that will
-operate very powerfully against unity in the connexion, and is, perhaps,
-what I might possibly have prevented, had not a still greater difficulty
-arisen in my mind. I have often wished for some person of abilities to
-succeed me as the head of the church I have, with such indefatigable
-pains and astonishing success, established; but, convinced that none
-but very superior abilities would be equal to the undertaking, was I
-to adopt a successor of this description, I fear he might gain so much
-influence among the people as to usurp a share, if not the whole, of
-that absolute and uncontrollable power which I have hitherto, and am
-determined I will maintain so long as I live: never will I bear a rival
-near my throne. You, no doubt, see the policy of continually changing
-the preachers from one circuit to another, at short periods: for should
-any of them become popular with their different congregations, and
-insinuate themselves into the favour of their hearers, they might
-possibly obtain such influence as to establish themselves independently
-of me and the general connexion. Besides, the novelty of the continual
-change excites curiosity, and is the more necessary, as few of our
-preachers have abilities to render themselves in any degree tolerable
-any longer than they are now.
-
-"The principal cause which will inevitably effect a diminution and
-division in the connexion after my death, wilt be the failure of
-subscriptions and contributions towards the support of the cause; for
-money is as much the sinews of religious as of military power. If it
-is with the greatest difficulty that even I can keep them together, for
-want of this very necessary article, I think no one else can. Another
-cause, which, with others, will effect the division, is the disputes and
-contentions that will arise between the preachers and the parties that
-will espouse their several causes; by which means much truth will be
-brought to light, which will reflect so much to their disadvantage,
-that the eyes of the people will be opened to see their motives and
-principles; nor will they any longer contribute to their support, when
-they find all their pretensions to sanctity and love are founded on
-motives of interest and ambition. The consequence of which will be,
-a few of the most popular will establish themselves in the respective
-places where they have gained sufficient influence over the minds of the
-people: the rest must revert to their original humble callings. But
-this no way concerns me: I have attained the object of my views, by
-establishing a name that will not soon perish from the face of the
-earth; I have founded a sect which will boast my name long after my
-discipline and doctrines are forgotten.
-
-"My character and reputation for sanctity is now beyond the reach of
-calumny; nor will any thing that may hereafter come to light, or be said
-concerning me, to my prejudice, however true, gain credit.
-
- | `"'My unsoiled name, the austereness of my life,`
- | `Will vouch against it,`
- | `And so the accusation overweigh`
- | `That it will stifle in its own report,`
- | `And smell of calumny.'`
-
-
-"Another cause that will operate more powerfully and effectually than
-any of the preceding is, the rays of Philosophy, which begin now to
-pervade all ranks, rapidly dispelling the mists of ignorance, which
-have been long, in a great degree, the mother of devotion, of slavish
-prejudice, and the enthusiastic bigotry of religious opinions. The
-decline of the Papal power is owing to the same irresistible cause; nor
-can it be supposed that Methodism can stand its ground when brought to
-the test of Truth, Reason, and Philosophy."
-
-
-"City-road, Thursday morning. J. W." (1)
-
- 1. As my defence had extended to a great length, I was
- anxious to spare the time of the Jury, and did not,
- therefore, trouble them with the whole of this letter. I
- merely described the nature of it, and read the last
- paragraph, being the only portion applicable to my purpose;
- but as I deem the letter a valuable curiosity, and worthy of
- preservation, I have inserted it entire.
-
-Gentlemen, you see Mr. Wesley anticipated that his system must yield
-to philosophy, and do you believe the Church of England can stand when
-brought to the test of "truth, reason* and philosophy?" A church that
-will keep a man in prison nearly two years for 5s. 6d. church-rates? If
-you suppress Biblical examination, and the free publication of opinion,
-the next step will be to stop inquiry into the *practices* of the
-Church, and to make us all the fettered slaves of the priesthood. No,
-Gentlemen; Methodism and Church-of-Englandism are doomed to fall; and
-such will be the fate of all systems not based upon the rock of truth.
-But, Gentlemen, that is no reason for suppressing inquiry, because the
-more the truth is investigated, the more beautiful it will appear.
-
-Gentlemen, has not our country raised itself to the highest pinnacle
-of human greatness as regards civilization and the arts? What rapid
-strides--what useful discoveries it has made in the arts and sciences!
-Consider its vast achievements in steam navigation--in railroad
-travelling--in the improvement of machinery. To such perfection have
-they brought machinery, that it is now almost capable of superseding
-human labour altogether. If all these magnificent improvements in the
-arts and sciences are good to society, and have resulted from free
-inquiry--why hesitate to apply it to social, religious, and political
-subjects? Are we ever to remain drivellers in religion? The true crime
-is that Haslam's Letters are sold at a penny. Why should two-guinea
-blasphemers be tolerated and penny ones prosecuted? How can the learned
-Attorney-General, whose shelves are, doubtless, adorned with Drummond's
-Academical Questions, Voltaire, Gibbon, Volney, and Shelley, uphold this
-prosecution; and what must that law be which can find the crime, not in
-the contents of the book, but in the fact of its being sold for a penny?
-They might for two guineas buy a magnificent book full of blasphemy.
-The Attorney-General, in his opening speech, had told the Jury that
-such works were "dangerous to society if addressed to the *vulgar, the
-uneducated*, and the *unthinking*" but I will appeal to his own witness,
-who had read the book, and on whom, an uneducated man, it had proved
-inoperative. It had done no mischief: and I hope the Jury will not
-consign me to a dungeon for having sold a book which it has been proved
-by his own witness has done no mischief. Paul said the Bæreans were more
-noble than those of Thessalonica, because they searched the Scriptures
-daily to see whether these things were so or not. The Attorney-General
-is about to punish me for doing the same thing. Christ himself said, the
-truth shall make you free; but the Attorney-General says the truth--or
-that which you believe to be the truth--shall make you a prisoner.
-In the parable of the tares, to which I have already referred, Jesus
-expressly forbade the rooting up of the tares, lest the wheat should be
-rooted up also. He did not recommend persecution, but said let them both
-grow together until the harvest. These passages are sufficient to show
-that persecution is opposed to the whole spirit of Christianity.
-
-Gentlemen, I will now call your attention to the law on the subject.
-In entering upon this topic, of course I shall labour under a great
-disadvantage, because I am unacquainted with legal technicalities and
-cases. I will commence, therefore, by reading to you the opinion of
-Chief Baron Eyre, in his Charge to the Grand Jury, on the commission
-for the trial of persons on the charge of High Treason, in 1794, in the
-course of which he made use of these liberal expressions:--
-
-"All men may, nay, all men must, if they possess the faculty of
-thinking, reason upon every thing which sufficiently interests them to
-become objects of their attention; and among the objects of attention
-of freemen, the principles of government, the constitution of particular
-governments, and, above all, the constitution of the government
-under which they live, will naturally engage attention, and provoke
-speculation. *The power of communication of thoughts and opinions is the
-gift of God; and the freedom of it is the source of all science*--the
-first fruits, and the ultimate happiness of all society; and therefore,
-it seems to follow, *that human laws ought not to interpose, nay, cannot
-interpose, to prevent the communication of sentiment and opinions, in
-voluntary assemblies of men.*"
-
-Here, Gentlemen, we have an eminent legal authority, in addition to
-the Bishops I have quoted, who declares that "human laws *ought not to
-inter-pose*, nay, cannot interpose, *to prevent the communication qf
-sentiment, and opinion*." Under what law then can I be condemned? This
-prosecution goes a step further than any other has gone; it in effect
-declares that you shall not dispute the truth of the Jewish Scriptures,
-which I have already shown are superseded by the introduction of
-Christianity. Paul declares that the Jewish law was only intended to be
-our schoolmaster to bring us to Christianity; but if Christianity, as
-is asserted, be part and parcel of the low of England, even then this
-prosecution has not a log to stand upon. In the "Life and Correspondence
-of Major Cartwright," however, there is a letter from Jefferson, himself
-an eminent lawyer, and President of the United States of America, who
-had deeply studied the laws of England, in which he has proved the
-fallacy of the notion that Christianity is part of the common law, by
-showing that the common law had existed long before Christianity was
-introduced into this country; and that the axiom had its origin and
-foundation in a misquotation and mistranslation of a decision of
-Justice Prisot, recorded in the Year Book, substituting the words
-*Holy Scriptures* for *Ancient Scriptures*. Jefferson denominates it
-a "judiciary forgery," and I hope your Lordship will to-day confirm
-Jefferson's view, and put an end to this illegal iniquity.
-
-Gentlemen, the passage I am about to quote from Jefferson's letter to
-Major Cartwright, contains the opinion of Justice Prisot, in old French,
-but I have procured a literal and a free translation, which I will read
-to the Jury. Your Lordship can refer to the original in the Year Book.
-
-"I was glad to find, in your book, a formal contradiction, at length, of
-the judiciary usurpation of legislative powers; for such the judges have
-usurped in their repeated decisions that Christianity is a part of
-the common law. The proof of the contrary which you have adduced
-is incontrovertible; to wit, that the common law existed while the
-Anglo-Saxons were yet Pagans; at a time when they had never yet heard
-the name of Christ pronounced, or knew that such a character had ever
-existed. But it may amuse you to show when, and by what means, they
-stole this law in upon us. In a case of quare impedit, in the year-book,
-34 H. 6, fo. 38, (1458,) a question was made, how far the ecclesiastical
-law was to be respected in a common law court? And Justice Prisot, c. 5,
-gives his opinion in these words:--
-
-"'A tiel leis que ils de seint eglise ont en *ancien scripture*, covient
-
-"'*To such laws which they of the holy church have in ancient writing,
-it is proper*
-
-à nous à donner credence; car ceo common ley sur quels touts manners
-
-*for us to give credence; because that is the common law on which all
-sorts of leis*
-
-sont lor dés--et auxy, Sir, nous sumus obligés de conustre leur ley de
-saint
-
-*laws are founded--and thus, Sir, we are obliged to know their law of
-the holy*
-
-eglise; et semblablement ils sont obligés de conustre nostre lev: et,
-Sir, si
-
-*church; and in like manner they are obliged to know our law; and, Sir,
-if*
-
-poit apperer or ù nous que Tevesque ad fait come un ordinary fera en
-tiel
-
-*it can be shown thus to us that the bishop has done as a layman would
-in such*
-
-cas, adonq nous devons ceo adjuger bon, ou auterment nemy,' &c.(1) See
-S. C,
-
-*a case, then we ought this to judge good, or otherwise not at all.*
-
-
- 1. *Translation read to the Jury.*
-
-
-Fitzherbert's Abr. qu. imp. 89. Brown's Abr. qu. imp. 12. Finch, in
-his first book, c. 3, is the first afterwards who quotes this case, and
-misstates it thus, 'To such laws of the church as have warrant in *holy
-scripture* our law giveth credence,' and cites Prisot, mistranslating
-'ancien scripture' into 'holy scripture;' whereas Prisot palpably says,
-'to such laws as those of holy church have in *ancient writing* it is
-proper for us to give credence to wit, to their ancient written laws.
-This was in 1613, a century and a half after the dictum of Prisot.
-Wingate, in 1658, erects this false translation into a maxim of the
-common law, copying the words of Finch, but citing Prisot. Wingate's
-Maxims, 3; and Sheppard, tit. 'Religion in 1675. copies the same
-mistranslation, quoting the Year-book, Finch and Wingate. Hale expresses
-it in these words, 'Christianity is parcel of the laws of England.'
-
-"It is proper for us to respect the laws which the members of the holy
-church have in *ancient manuscripts*, because they are the general
-source from which all laws are drawn. Thus, Sir, it is necessary for us
-to be acquainted with ecclesiastical law, and in like manner the judges
-of the ecclesiastical courts are obliged to understand our law: in
-consequence, Sir, if it can be shown to us that the ecclesiastical court
-has decided as a court of civil law would have done in the same case,
-then we ought to deem the judgment good; but if a civil law court would
-have decided otherwise, the judgment of the eclesiastical court must be
-deemed erroneous."
-
-"Ventr. 293. 3 Keble, 607, but quotes no authority. By these echoings
-and reechoings from one to another, it had become so established in
-1728, that in the case of the King v. Woolston, 2 Strange, 834, the
-court would not suffer it to be debated, whether to write against
-Christianity was punishable in the temporal courts at common law. Wood,
-therefore, 409, ventures still to vary the phrase, and says, 'that all
-blasphemy and profaneness are offences by the common law,' and cites 2
-Strange. Then Blackstone, in 1763, IV. 59, repeats the words of Hale,
-that 'Christianity is part of the law of England,' citing Ventris and
-Strange: and finally, Lord Mansfield, with a little qualification, in
-Evans's case in 1767, says, 'that the essential principles of revealed
-religion are parts of the common law,' thus engulphing Bible, Testament,
-and all, into the common law, without citing any authority. And thus we
-find this chain of authorities hanging link by link one upon another,
-and all ultimately on one and the same hook; and that a mistranslation
-of the words 'ancien scripture,' used by Prisot. Finch quotes Prisot;
-Wingate does the same; Sheppard quotes Prisot, Finch, and Wingate; Hale
-cites nobody; the Court, in Woolston's case, cites Hale; Wood cites
-Woolston's case; Blackstone quotes Woolston's case and Hale; and Lord
-Mansfield, like Hale, ventures it on his own authority. Here I might
-defy the best-read lawyer to produce another scrip of authority for this
-*judiciary forgery*; and I might go on further to show how some of the
-Anglo-Saxon priests interpolated into the text of Alfred's laws, the
-20th, 21st, 22nd, and 23rd chapters of Exodus, and the 10th of the Acts
-of the Apostles, from the 23rd to the 29th verses. But this would lead
-my pen and your patience too far. What a conspiracy this between Church
-and State! Sing Tantararara, Rogues all, Rogues all; Sing Tantararara,
-Rogues all!"
-
-Gentlemen, after hearing this statement from the pen of an educated and
-eminent lawyer, can you hesitate to return a verdict of acquittal? You
-have now a complete history of this "*judiciary forgery*" as Jefferson
-terms it, before you; and I am satisfied that that which originated in
-a *fraudulent mistranslation*, cannot, now that the fraud is detected,
-long retain the force of law. On this ground, then, I confidently claim
-your verdict.
-
-Gentlemen, I now come to the trade argument--that it is a great hardship
-and injustice to hold a bookseller responsible for the contents of the
-books he sells.
-
-I am a general bookseller; and so great is the competition, and so
-fully is my time occupied, that I have no time to spare for reading the
-various works in my shop, even if I had the inclination. My excellent
-and amiable son, before his death, and before I had any idea of this
-prosecution, drew up a paper for the management of my business, by which
-it appears that upwards of seventy weekly periodicals pass through my
-hands every week, besides books and many other periodicals that are
-merely collected to order. Amongst them will be found every possible
-variety--"The Church of England Magazine," "The Sacred Album," and many
-others maintaining contradictory and conflicting opinions; but I do not
-hold myself responsible--either legally or morally--for any of them.
-I have no right to set myself up as a censor of the press. I sell them
-all--and am not responsible for any man's opinions upon an abstract or
-general subject. When the subject matter of a book relates to the people
-at large, the public alone should decide upon its merits. If the book
-be a good one, they will support it; if a bad one, they will condemn and
-reject it. This is the only proper punishment for a bad author. The
-line of duty I mark out for myself in that I will never sell obscene
-publications--works that demoralise and corrupt society--nor any attacks
-upon private character; and if a person comes to me complaining that his
-character has been falsely and slanderously attacked, I sell no more of
-that work. What more can be expected from a general bookseller? If the
-sale of a controversial book is to be suppressed, because it contains
-a few passages in bad taste, and of objectionable phraseology, then the
-sale of the Bible itself must be prohibited, for that book contains many
-passages far more objectionable in the present day than any to be found
-in "Haslam's Letters to the Clergy." I have here a list of passages
-from the Bible, of a highly objectionable character; but as I perceive a
-number of ladies in the court, I will not pollute their ears, nor shock
-the feelings of the Jury, by reading them. My only object in alluding
-to them, is to show that if the principle of selecting two or three
-objectionable passages from a work is to lead to its condemnation, and
-the punishment of the bookseller, then I might with equal justice be
-condemned for selling the Bible itself. On this ground, also, I claim
-and am entitled to your verdict.
-
-Gentlemen, the Attorney-General has not done justice to Mr. Haslam; he
-has dwelt upon the passages contained in the indictment, but has left
-the Jury in total ignorance of the general nature of the work. In many
-parts of the book are to be found passages of great beauty. So far from
-a charge of blasphemy fairly attaching to Mr. Haslam's Letters, he
-uniformly declares that he rejects the Jewish Scriptures because they
-are *irrational*, and *dishonour* the God "that governs the universe."
-I will read a passage from his Second Letter, which shows the veneration
-he entertains for the Deity.
-
-"But is it not monstrous, that that power which gives life and motion
-to millions of worlds; which guides them in their eternal revolutions
-in the boundless ocean of space, and which preserves them in everlasting
-order and harmony; is it not monstrous that that power should be
-represented in this ridiculous point of view? Vain, violent, and
-boisterous, without the least indication of any thing rational, good,
-or merciful in any of his proceedings. Such a God may be the God of the
-Christians, but he is not the God who governs the universe. That God is
-no more to be compared to the Bible God, than the dazzling sun is to be
-compared to the glimmering light of a candle."
-
-Mr. Haslam's work has many other passages of the same description;
-and the Attorney-General will see that the passage in the Eighth
-Letter--almost the only objectionable passage in the work--was not
-deliberately designed to give offence, when I tell him that the
-author, in deference to the opinion of his friends, has cancelled the
-objectionable passage, and re-written it. Now what would the learned
-Attorney-General have more? The object of prosecution has been always
-held to be preventive, or corrective, not vindictive. The object sought,
-then, is already attained. Mr. Haslam has anticipated your wishes by
-correcting the objectionable passage.
-
-Gentlemen, I have urged sufficient, I hope, to induce you to give me
-your verdict; but before I conclude, I will read a passage from the
-works of Dean Swift, which is worthy of your profound attention.
-"Whoever," he says, "could restore, in any degree, brotherly love among
-men, would be an instrument of more good to society than ever was or
-will be done by all the statesmen in the world."
-
-Gentlemen, let us commence the glorious work to-day. I will tell you how
-you can do more towards spreading brotherly love among men, than all
-the statesmen in the world will be able to accomplish. Say to the
-Government, by your verdict, the publication of opinions shall be free.
-This will spread brotherly love among men; for what is it that prevents
-brotherly love from dwelling among men? The odious principle of
-coercion. I do not believe the Government wish to follow up these
-prosecutions if they can avoid it. They have a precedent, then, in the
-case of Sir Robert Peel. Mr. Carlile was in prison nearly *seven years*,
-and many of his shopmen were imprisoned for various terras. Did such
-vindictive persecutions change their opinions, or stop the sale of the
-works prosecuted? Quite the contrary. The individuals became confirmed
-and strengthened in their opinions, and all the prosecuted works are
-now on sale in every bookseller's shop in London. The public began to
-consider them martyrs, and Sir Robert Peel and the Government of that
-day saw the injustice and cruelty of such proceedings, abandoned all
-prosecutions, and liberated those whose terms of imprisonment were
-unexpired. Surely those now in authority are not the men to recommence
-these prosecutions for matters of opinion; and my quarrel with them
-is, that they have not the moral courage to reply to the taunts of
-the Bishop of Exeter, by alluding to this case of Sir Robert Peel's
-Government; and boldly declaring that henceforth public opinion shall be
-the only censor. Abolish that hateful principle of coercion for matters
-of opinion, and mutual toleration, respect, and brotherly kindness, will
-henceforth prevail.
-
-Gentlemen, Christianity gives no sanction to persecution. The religion
-of Jesus, rightly understood, is a practical and benevolent system. It
-is founded on two great commandments, love of God and love of Man.
-The *first* commandment, in fact, resolves itself into a practical
-observance of the *second*; for it is expressly declared that, "*If a
-man say, I love God, and hateth his brother, he is a liar: for he that
-loveth not his brother whom he hath seen, how can he love God whom he
-hath not seen*?"(1) Recollect, Gentlemen, "*Love worketh no ill to his
-neighbour*."(2) Jesus encourages all men to think for themselves. This
-is his exhortation--"*Why, even of your own selves, judge ye not what is
-right?*(3)" But while he has encouraged the exercise of mind, he has not
-made eternal happiness to depend upon *belief* but upon their *actions*;
-and the great evil of society is attempting to coerce people into the
-belief of that which they cannot believe--a system to which, I hope,
-your verdict to-day will put a stop.
-
- 1. 1 John iv.; 20,
-
- 2. Rom. xiii.; 10,
-
- 3. Luke xii.; 57
-
-Gentlemen, the Founder of Christianity, in his parable of the Last
-Judgment, tells us distinctly that men are to be judged by their
-*actions* and not by their *opinions*; for he describes himself as
-inviting the righteous to inherit the kingdom prepared for them from the
-foundation of the world: "For I was an hungered, and ye gave me meat: I
-was thirsty, and ye gave me drink: I was a stranger, and ye took me
-in: naked, and ye clothed me: I was sick, and ye visited me: I was
-in prison, and ye came unto me." He then represents the righteous as
-saying, "Lord, when saw we thee an hungered, and fed thee I or thirsty,
-and gave thee drink? When saw we thee a stranger, and took thee in? or
-naked, and clothed thee? Or when saw we thee sick, or in prison, and
-came unto thee? And the King shall answer, Inasmuch AS YE HAVE DONE IT
-UNTO ONE OF THE LEAST OF THESE MY BRETHREN, ye have done it unto me." He
-then represents himself as denouncing the unrighteous for giving him no
-meat, nor drink; for not clothing him when naked, nor visiting him when
-sick; and when they desire to know when he required these things, and
-they did not minister unto him, he replies, "Inasmuch as ye did it not
-to one of the least of these my brethren, ye did it not to me." Here,
-you perceive, there is no particular belief enjoined, none condemned.
-All men are to be judged by their actions--not by their belief.
-
-Gentlemen, I have now urged all that I deem necessary to ensure an
-acquittal. I hope you will consider well the consequences of your
-verdict, and reflect upon the wickedness and impolicy of tearing a
-man from his family, for selling a book in the ordinary course of his
-business. If I have said anything in the course of my address to raise
-a prejudice in your minds, I hope you will discard it, and do justice by
-pronouncing an acquittal.
-
-The Attorney-General claimed his right of reply. He commenced by
-observing that the Defendant, in his very long address to the Jury, had
-not advanced anything that would call for many remarks from him, so that
-he should occupy bu ta very small portion of their time. The Defendant
-had contended that the blasphemous attack on our holy religion,
-which they had heard read, was only free inquiry; and had taunted the
-Government, and himself, who desired the extension of useful knowledge,
-with having prosecuted this book. But was this book of Haslam's
-useful knowledge? The Defendant said, Why not answer it? But he, the
-Attorney-General, contended that it could not be answered. The only way
-to do with it was to prosecute it. This publication--for the sale of
-which the Defendant was indicted--was not fair argument and inquiry,
-but blasphemous invective. The Defendant accused him of not objecting so
-much to the matter of the publication, as to the price at which it was
-sold. Not withstanding what the Defendant had said on this point, he,
-the Attorney-General, contended that the low price at which it was sold
-made the publication doubly mischievous, as it caused it to circulate
-among the working classes of society, who were from their habits,
-incapable of thought or discrimination; their time was so entirely
-occupied that it was impossible they could devote sufficient time to
-reading to guard themselves against the evil tendency of such works;
-while the Jury, and men in their class of life, were, from their
-education, furnished with an antidote to the poison. If attacks on the
-Scriptures were to be permitted, what was to prevent the pious feelings
-of the community from being outraged? Suppose a man were to carry a
-board through the streets on which was inscribed in large characters,
-that "Christ was an impostor." Could it be tolerated? Yet this,
-according to the Defendant, was only free inquiry! Again, suppose any
-one preferred a republican to a monarchical form of government, and was
-to excite and recommend the substitution of the one for the other by
-force of arms, inciting, by inflammatory appeals, the people to murder
-the Government and the Queen--yet this would be, according to Mr.
-Hetherington, only free inquiry! The Defendant had said that Mr. Haslam
-was a Socialist; now the Socialists held an opinion that marriage was an
-institution that ought to be abolished. If a man, under that plea, were
-to recommend the seduction of his neighbour's wife or daughter--would
-any one contend that such opinions should be published with impunity?
-yet the Defendant considers this the free investigation of opinions; and
-to prosecute a blasphemous publication, he says, is to prevent freedom
-of opinion. No one wished to interfere with Mr. Hetherington's private
-opinion. The policeman, when he went to Mr. Hetherington's shop to
-purchase the numbers, did not inquire as to his particular belief. If
-there were persons so unfortunate as to disbelieve the Scriptures--which
-were the foundation of our holy religion--the law did not interfere
-with them so long as they kept their opinions to themselves, and did
-not publicly attack the authenticity of the Bible. Mr. Hetherington
-had spoken of the effect of prosecution in extending the sale of such
-publications, alluding particularly to the *Poor Man's Guardian*; but
-he, the Attorney-General, called upon the Jury to do their duty by
-bringing? to punishment those who outraged the law, that others might be
-deterred from offending. If the Jury looked at the immoral tendency of
-such writings, and the doctrines of non-responsibility laid down by
-Mr. Hetherington, who declared that he was neither responsible for his
-belief, nor his actions--
-
-Mr. Hetherington here interrupted, declaring that the Attorney-General
-was acting most unfairly towards him. He never used such language, but
-quite the contrary; what he maintained was, that he was not responsible
-for his *belief* but that he *was responsible for his* actions. If he
-injured a friend, a neighbour, or a fellow-citizen, he was amenable to
-society for the injury done. The Attorney-General, he contended, was not
-replying to him, but perverting his arguments and misrepresenting facts.
-
-Lord Denman said that he agreed with the Defendant in the first
-instance, and therefore he thought he was justified in putting the
-Attorney-General right; but the Attorney-General, he thought, was
-entitled to make any remarks upon facts which came out in evidence.
-
-Mr. Hetherington (with great vehemence).--But he is mis-stating facts,
-and making statements calculated to mislead the Jury.
-
-Lord Denman.--You must not interrupt.
-
-The Defendant.--But my liberty is at stake, and I will speak. (Applause
-at the back of the court, which was instantly suppressed by the
-officers.)
-
-Lord Denman.--You shall be heard in correction of anything you may think
-a misrepresentation, afterwards; not in reply, but merely in correction.
-
-The Defendant.--Thank you, my Lord.
-
-The Attorney-General observed, that the Defendant denied being the
-publisher, but he would convince the Jury that he was, by reading
-the title to them. He then read the title of the book--omitting the
-publisher's name, and reading the name of the Defendant only, till
-Mr. Hetherington insisted upon his rending the whole title as
-follows:--"Letters to the Clergy of all Denominations, showing the
-Errors, Absurdities, and Irrationalities of their Doctrines. By C.
-J. Haslani. Fourth Edition. Manchester: A. Heywood. 56 and 60, Oldham
-Street. London*; Hetherington, 126, Strand; Cleave, Shoe Lane, Fleet
-Street; Watson, City Road, Finsbury; and J. Guest, Birmingham; and all
-Booksellers in Town and Country."
-
-The Attorney-General then proceeded.--Conceive, gentlemen, a servant
-or an apprentice reading this work where the institution of private
-property was said to be the great evil of society--would he feel any
-compunction at appropriating the goods or money of his employer to his
-own use? Would he not find arguments in this work to justify him in his
-iniquity? Mr. Hetherington had taken credit to himself for
-disinterested motives, but he feared that he was actuated by mercenary
-motives--looking only to emolument--careless of the effect it might have
-on the morals of the unthinking working-classes.(1) He called upon the
-Jury, by the oaths they had taken on the Holy Gospel--which this
-book blasphemously attacked--to consider the effect of a verdict of
-acquittal, and to do their duty to the public. By such a verdict they
-would license the most infamous attacks on the Holy Scriptures, and
-would loosen the bonds which held society together.
-
- 1. This comes well from a gentleman who descended from his
- high professional position to attend at the Old Bailry, for
- a fee of £. 100, to plead for a man charged with murder.
-
-Mr. Hetherington explained that it was the custom of the trade to place
-the name of any bookseller, with whom the real publisher did business,
-on the title-page of the book, and that his name had been so placed by
-Mr. Hey-wood, of Manchester, the real publisher, without his knowledge.
-Mr. Heywood was the original publisher; he received no punishment, and
-was now at liberty.
-
-Lord Denman, in summing up, observed, that the law considered the vendor
-of a work the publisher of it, and that consequently he must be held
-responsible. It had also been constantly laid down that blasphemy was
-an offence at common law. In the Defendant's defence, TO WHICH HE
-HAD LISTENED WITH FEELINGS OF GREAT INTEREST, AYE, WITH SENTIMENTS OF
-RESPECT TOO, he had complained of the hardship of a general publisher
-being held responsible for the contents of all the works he might sell,
-but he had himself answered that argument by the conduct which he stated
-he pursued with regard to obscene and personally libellous publication,
-and from the title-page of this work it was scarcely possible not to be,
-in some measure, aware of its contents. Discussions on a subject, even
-the most sacred, might be tolerated when they were conducted in a fair
-spirit; but when appeals were made not to reason but to the bad feelings
-of human nature, or where ridicule or invective were had recourse to, it
-could not be considered discussion. As to the impolicy of these sort of
-prosecutions that was a question with which they had nothing to do;
-the only question for them to determine was, whether the publication in
-question was a blasphemous libel, and whether it had been published by
-the Defendant.
-
-The Jury immediately returned a verdict of Guilty.
-
-The Attorney-General prayed the immediate judgment of the Court.
-
-Lord Denman.--I think the passing sentence had better be deferred, until
-we have had the opportunity of considering the subject.
-
-The Defendant then retired, and the Court adjourned.
-
-
-.. clearpage::
-
-OBSERVATIONS
-============
-
-
-.. dropcap:: T The
-
-
-The renewal of a series of Government prosecutions for alleged
-blasphemy, will justify me in accompanying the publication of the
-foregoing trial with a few words of comment.
-
-The points upon which I deem it my duty to animadvert--are the conduct
-of the Government, the Attorney-General, and the Jury.
-
-I consider that the Government have acted towards me, in this
-prosecution, in a very unjustifiable manner. They first placed Mr.
-Cleave on his trial for selling the fifth, eighth, and thirteenth
-numbers of Haslam's Letters. He pleaded *Not Guilty*, but was convicted
-(after an able and convincing speech from his-Counsel, Mr. Chambers),
-by as stupid a Jury as ever sat in judgment on an honest man. The Judge
-sentenced him to four months' imprisonment, and a fine of £20. Such was
-the force of public opinion, however, on the injustice and impolicy of
-such prosecutions, that Mr. Cleave was liberated, upon paying the fine,
-after five weeks' imprisonment.
-
-The trial of Mr. Heywood, the original publisher, came next. His known
-integrity and respectability had attached to him many influential
-friends, who represented to the Government the folly and injustice
-of these proceedings, and Lord Normanby at length yielded to their
-importunities, by agreeing, on condition that he pleaded guilty,
-that Mr. Heywood's prosecution should proceed no further. Mr.
-Heywood complied, and was left at liberty, on entering into his own
-recognizances, to appear when called upon.
-
-Public opinion unequivocally declared that such prosecutions were
-indefensible, and it was very generally believed that the Government
-would abandon them from a conviction of their injustice and impolicy.
-Instead of which they proceeded against me for selling the same
-numbers of the identical work that Messrs. Cleave and Heywood had
-been prosecuted for selling, though the punishment of Mr. Cleave was
-remitted, and the Government compounded blasphemy in the case of Mr.
-Heywood. To injure and annoy honest and industrious tradesmen, because
-the author of a book has in two or three instances expressed his ideas
-in vulgar and objectionable phraseology, is unworthy of an enlightened
-Government. I feel pity for the Jury who could ignorantly pronounce
-a verdict of guilty against a man who never wilfully injured a
-fellow-creature, merely because he had sold a book that combated
-the established opinions of the day; but I entertain very different
-sentiments against the Government that could institute and carry forward
-prosecutions of this nature, when, from their superior knowledge, they
-must be fully aware of the iniquity of their proceedings. They encourage
-"reason and free inquiry," while it favours their objects; and they
-persecute and ruin all those, who, by the exercise of reason and free
-inquiry, arrive at conclusions adverse to the established opinions of
-society. The time has passed, however, for a renewal of persecution for
-matters of opinion. No Government can stand that will attempt it; and
-I tell Her Majesty's Government, that when they interfere with the
-religious or anti-religious opinions of the people, they step out of
-their province,--and to inflict punishment upon either the original
-publisher or the general bookseller, who supplies all works to order,
-for the opinions contained in the works they respectively publish or
-sell, is an odious act of tyranny that good men of every opinion should
-denounce and oppose. I, for one, will never sanction or submit to such
-tyranny. Whether any and what sentence will be passed upon me I know
-not; but I have made up my mind that I will maintain, at all risks, and
-under every privation, to the utmost extent of my ability and means, the
-right of all men to freely publish their opinions upon every subject
-of general interest--whether social, political, or religious; aye, or
-anti-religious,--and if the Government would receive a suggestion
-from me, I would suggest to them to take their stand on this glorious
-principle--perfect freedom is the formation AS PUBLICATION OF OPINIONS
-FOR EVERY SECT AND PARTY. That is the most effectual way to elicit truth
-upon all subjects; and I would respectfully ask them, whether they
-ever knew the truth injure any sect or party that was disposed to act
-honestly?
-
-I hope the Government will reflect upon the injustice and impolicy
-of this new crusade against the free expression of opinion, adopt my
-suggestion, and abandon all prosecutions against those who honestly
-controvert the received opinions of society.
-
-Having now expressed my feelings with regard to the conduct of the
-Government, I must say a word or two respecting the behaviour of the
-learned Attorney-General towards me, on my trial. He made very few
-observations in opening the case, but reserved himself for his Reply;
-a privilege which I think he was not entitled to, as I called no
-witnesses. Had I anticipated he would have claimed the privilege of
-reply, and abused it in the shameful manner that he did, I could have
-overthrown, by witnesses, the false impression which he so unjustly
-laboured to establish on the minds of the Jury--that I was the publisher
-of the work, because my name was affixed to the book first of the London
-agents. What is the object of a reply? It is to answer the facts
-and arguments adduced by the Defendant; to show that he has reasoned
-illogically; and to point out to the Jury, succinctly and clearly* the
-points in which he has failed to answer the charge laid against him in
-the indictment. In addition, however, to this base attempt to hold me
-up to the Jury as the original publisher, the Attorney-General obviously
-sought to make the Jury believe--(and there is every reason to think
-that he triumphed in this his unjust attempt to injure me)--that I
-claimed immunity not only for my belief but my actions, When I insisted
-upon setting him right, by showing him the utter falsehood of his
-assertion, in which I was supported by Lord Chief Justice Denman, he
-treacherously aimed at fixing upon me the consequences of doctrines to
-which I had not even adverted in my speech, and which had no reference
-whatever to the subject then before the Court. He basely insinuated that
-I was virtually claiming immunity for all acts of aggression--such as
-robbery, murder, seduction, unjustifiable rebellion, and assassination
-of the Queen; striving to raise in the minds of the Jury a confusion
-between the right of freedom of opinion and the wrong of licentious
-action! This, too, was slanderously repeated, after my open appeal to
-the Court against such malignity; and this the learned Attorney-General
-calls availing himself of his privilege of reply! I was not allowed to
-answer these falsehoods of the Attorney-General; though, as the accused
-party, I was in justice, if not in law, entitled to every opportunity of
-making the truth apparent to the Jury.
-
-As to the Jury--What shall I say of them? I can only pity men who
-exhibited such woful ignorance and imbecility as to be led away by
-misrepresentations that had not even the appearance of truth. Let me ask
-the Jury one simple question. They were bound by their oath to give a
-true verdict according to the evidence. Now let me ask them, was there
-any evidence of BLASPHEMY?
-
-The evidence adduced merely proved the sale of a certain book. There
-was no evidence that the contents of the book were blasphemous. This
-question--(that is to say, the very question in dispute--the question
-whether or not there was any blasphemy)--this question was decided by
-Judge and Jury without an iota of evidence, without even an attempt at
-any evidence bearing Upon it. The opinions of the Judge and Jury decided
-the question of the indictment---Was there blasphemy or no! There
-was no evidence at all upon it. Gentlemen of the Jury--common and
-special--was your verdict in accordance with the EVIDENCE brought
-forward for your enlightened consideration--was your verdict in
-accordance with the terms of your oath? The verdict to which I was
-entitled from honest and reasoning men was the following:--either a
-direct "Not Guilty of blasphemy"--or this, "Guilty of selling a certain
-book concerning the nature of which wc=e have had no evidence"--matters of
-opinion not being, in fact susceptible of evidence.
-
-H. HETHERINGTON.
-
-
-I cannot close these Observations without tendering my best thanks
-to the editor of *The Sun* for the zeal and ability with which, in a
-succession of leading articles, he defended the right of Free Inquiry
-and the Free Publication of Opinions. The *Morning Chronicle* published
-an impartial report of the Trial, and gave a good leading article on
-the subject. The *Morning Advertiser* and the *Weekly Chronicle* also
-published a fair report of the Trial. The *Weekly Dispatch* and The
-*Statesman* are both entitled to thanks for their advocacy of Truth and
-Liberty, in reference to the principle contended for in my Defence. The
-three Letters of Publicola, in The *Weekly Dispatch*, are invaluable;
-and I regret that I cannot find room for the whole of them in this
-pamphlet, without considerably enhancing its price and defeating my
-own object of extensive circulation for my Trial. They are worthy of a
-distinct publication. I can only fill up the space I have left by the
-insertion of the following excellent article from *The Sun* of Friday,
-December the 11th, 1840, and Publicola's Letter to Lord Chief Justice
-Denman.--H. H.
-
-
-.. clearpage::
-
-Extract from The Sun Newspaper
-==============================
-
-
-.. dropcap:: W We
-
-
-We brought evidence yesterday to show that the suppression of
-objections to the Scriptures by penal enactments is tyrannical, unjust,
-and absurd, and that the law is partially administered. If we return
-to the subject, it is from a deep sense of its almost immeasurable
-importance. Our whole internal A policy, nearly, is framed with a view
-to support the Church. The Church is founded, or rather pretends to be
-founded, on the Bible; but we are now told by the decision of the
-Jury on Tuesday, that it is a crime to object to its statements. The
-happiness of society, then, is to be chained and bound by principles and
-doctrines, which society must not examine; for if men must not object,
-what is the use of examination?
-
-"We see disorder pervading every part of society. The poor are set
-against the rich, and the rich are zealously engaged in oppressing
-and coercing the poor. Crime increases, and though more churches
-are building, religion is decaying. The remedies suggested for our
-disorders, within the bounds sanctioned by the Church, are more numerous
-than the disorders themselves; but though confusion and anarchy
-threaten us, the law forbids men to say aught against principles which
-our rulers have followed, while society has been brought into its
-present condition.
-
-"What the law now decrees against what it calls blasphemy, it decreed,
-not two centuries ago, against witchcraft. It now denounces the former
-as displeasing to God; it then denounced the latter for the same
-offence. Men and women were in those less humane days burned for
-displeasing God, while now they are only fined and incarcerated. By the
-progress of knowledge, lawyers, both barristers and judges, have been
-compelled to give up that portion of the perfection of human reason, and
-the law against witchcraft has become obsolete. If our view of the
-law for suppressing objections to the Scriptures, under * the name of
-blasphemy, be correct, it is not more reasonable than the law against
-witchcraft. While no lawyer, however, will now lend himself to revive
-the latter or carry it into execution, there are numbers, we say it to
-the disgrace of the profession, zealous and eager to apply the former,
-at least to the penny tracts which are addressed to the poor.
-
-"It is therefore with deep regret that we saw so eminent a man as the
-Attorney-General lending himself to this sorry work. We are ready to
-admit, as a Tory contemporary has stated, that he has done his duty, and
-he finds his reward in the praise of the Tories. Nor did he show, as far
-as we can learn, certainly not in his reply, any reluctance to perform
-it; people say he did it as if he had something to atone for, and was
-rather eager to gain the approbation of Bishop Philpotts. His
-labours were crowned with a success which his own party reprobate. In
-Westminster Hall he has triumphed, but an appeal lies from that to the
-world; and even the Whigs, who have heretofore denounced prosecutions
-for blasphemy as for witchcraft, consider that in the last resort he
-will sustain a terrible defeat.
-
-"Mr. Hetherington has already suffered in body and mind, in purse and
-health; and probably awaits with apprehension the sentence, which may
-consign him to prison and ruin. He is down-stricken by the law; but
-those who have read his defence, and prefer reason to legal fictions,
-will place him far above the triumphant Attorney-General. He made
-an admirable pleading for free inquiry, which plain John Campbell
-instituted a prosecution to suppress. In his reply Sir John so far
-overstepped the bounds of propriety, that the Defendant would not allow
-him to proceed, and was supported by the Court. In a bad cause the
-Attorney-General used poisoned weapons. He upheld a prosecution for
-blasphemy, which is as ridiculous as a prosecution for witchcraft, and
-descended to misrepresent the accused. With our opinion of the law he
-was enforcing, we are bound to say that Sir John Campbell should have
-left such a duty to be performed by some taker of a half-guinea fee, who
-never got beyond the precincts of the Old Bailey. It was wholly unworthy
-of an eminent lawyer, who has risen into political power as a professed
-friend of free discussion. The slaves to lust have some pleasure for
-their punishment, but the servants of the grimgribber of Westminster
-Hall, who sacrifice present fame to a sense of duty to it, reap little
-more than disgrace for their nauseous drudgery.
-
-"Sir John Campbell prosecuted Mr. Hetherington, in the language of
-the indictment, for being 'a wicked, impious, and ill-disposed
-person, having no regard to the laws of this realm, but most wickedly,
-blasphemously, impiously, and profanely devising and intending to
-asperse and vilify that part of the Holy Bible which is called the Old
-Testament.' Now, having no respect whatever for the fictions of the law,
-we have no hesitation in branding such accusations of a publisher as a
-monstrous tissue of falsehoods, and to affirm that it is a disgrace to
-any man who has the least respect for truth, to defend such a charge.
-We care not about its being the customary language of the law, for
-truth and men's liberties are not to be sacrificed by and for such
-absurdities.
-
-"Further, this said aspersing and vilifying the Bible is said by Sir J.
-Campbell, at least such is the language of the indictment, which he
-used arguments to sustain, to be greatly 'to the displeasure of Almighty
-God.' Who knows that? What worm dares to say that the Almighty God is
-displeased with another worm for uttering or writing a few words.'
-Who is the vain and arrogant man that claims for himself the task of
-interpreting the thoughts of the Most High, and demanding that a man be
-punished for having displeased Almighty God? What name does the Court
-deserve which, being instituted to do justice and protect the people,
-punishes one of them because he displeases the Almighty? Can He not
-punish those who displease Him? To doubt it, to undertake to protect or
-avenge Him, to describe Him as displeased, while he showers prosperity
-and contentment on the man said to displease Him, is far more impious,
-more blasphemous, more dangerous to religion than anything Mr.
-Hetherington ever published, or Mr. Haslam wrote. Such, however, was
-the crime charged against Mr. Hetherington, which Sir John Campbell
-endeavoured to substantiate, and of which a Jury, who are as much
-deserving of reproach as the prosecutor, found him guilty. Such is the
-crime for which the Court will hereafter pass sentence, undertaking,
-like the Inquisition, to decide for the Almighty, and punish actions
-as displeasing to Him, at which He, by the course of nature, shows no
-displeasure.
-
-"At the present time, when a great portion of the Whig press will
-support the Attorney-General or be silent, leaving *The Sun* to defend
-the great principle of free inquiry and free printing, as they left it
-to defend the same sacred and noble cause when it was assailed in the
-person of Mr. Harmer, we think it our duty not to be silent. As we
-should assail any Tory Attorney-General who had instituted such
-a prosecution, or carried it on, so we cannot allow it to pass
-unstigmatized because it has been instituted by a Whig Attorney-General.
-We know that the wisest and best politicians of the party deprecate
-such proceedings, and not the less because they will call forth in
-many independent journals, to the injury of the Whigs, an expression of
-honest indignation."
-
-
-.. clearpage::
-
-"TO LORD DENMAN, ON THE LATE PROSECUTION FOR BLASPHEMY
-======================================================
-
-
-.. dropcap:: M Mr
-
-
-Mr Lord Chief Justice.
-
-"Your conduct on the Bench, upon the recent trial, 'The Queen v.
-Hetherington,' for a religious libel, a nominal and an impossible
-offence, the fiction of fraudulent bigotry, has much increased the high
-esteem in which you have been always held by the public. Your Lordship's
-opinions on this impolitic, irreligious, and thoroughly infamous species
-of prosecution have oft-times been expressed with the integrity and high
-moral courage that have ever distinguished your public life. I never
-shall forget the manliness with which I heard you avow from the Whig
-Treasury Benches, in the House of Commons, in your place as Attorney
-General, your detestation of indictments for religious opinions; and the
-House hailed you when you fairly acknowledged your deep regret that, as
-Common Serjeant, you had been obliged, in obedience to your oath and to
-the law, to impose even the smallest punishment possible upon three men
-convicted by an ignorant Jury of a libel on the Scriptures; and you were
-still more cheerfully received when you expressed your joy at the
-liberation of the prisoners whom you had so unwillingly punished. There
-was one part of your speech that did not certainly satisfy me. I respect
-your sense of obligation to an oath; but when you punished men whom you
-conscientiously believed to be undeserving of infliction, and this 'in
-obedience to the law,' your Lordship might have reflected, that it was
-not Parliamentary, but Judge-made law--'Common-law,' as it is called;
-and you might have acted upon the principle that if a corrupt and
-ignorant Judge made a law to suit the prejudices of a brutal age, a pure
-and well-informed Judge might reverse that law in favour of an age more
-humane and more enlightened. I recollect with great satisfaction that
-when, in the case of Lord Langford, the Counsel, Mr. Thesiger, asked a
-witness (Mr. Nathan, a Jew) 'what religion he was of?' your Lordship
-expressed your strong displeasure; and, under your Lordship's sanction,
-the witness refused to answer the interrogatory, and treated both the
-query and the querist with the utmost contempt; and the whole Court and
-audience seemed strongly to approve of the result. In the recent trial
-your Lordship's conduct was a contrast to that of your immediate
-predecessors on the Bench, Lords Tenterden and Ellenborough, the last
-representatives of a most disgraceful school of political, prejudiced,
-corrupt Court Judges. You did all in your power to induce the Jury to
-acquit the accused. I am now credibly informed that the Attorney-General
-had the same object at heart; and having, intentionally, gone in a most
-slovenly and unimpressive manner, through his technical duty, he was
-abashed and mortified when he heard the verdict of guilty. Familiar as
-he must be with the extreme ignorance, stupidity, and corruption of
-Juries, on such occasions, he was still surprised at such a verdict. I
-am willing to give him credit for these common reports in his favour;
-but should the Government be so infatuated as to bring the defendant up
-for judgment, the country expects of you, my Lord Denman, that the
-sentence will be nominal, and that it will be accompanied by your
-reprobation of all such trials.
-
-"If it be true that hope is the last passion that leaves a man,
-equally true is it that the spirit, the accursed spirit of religious
-persecution, is the last passion that man deserts, or is willing to
-abandon. I sincerely believe that if the alternative were put to a
-hundred dying men, at their last, moment of consciousness, at their last
-gasp of breath, whether they preferred their own future salvation
-or beatitude, or the persecution of man upon earth for conscientious
-differences of opinion on religious subjects, full ninety-nine out of
-the hundred would choose the latter, on the ground of its being the
-turnpike-road to the former, and from the inherent delight in the
-spirit of religious intolerance. Fanaticism is the primeval curse of our
-nature. From its first victim Abel, to the present hour, it has raged
-through the human race. Moral sins and physical or corporeal diseases in
-the course of ages wear themselves out, or can be cured by instruction
-or medical treatment; but the most foul, leprous, and crime-engendering
-of all maladies that flesh is heir to, fanaticism--call it if you
-please, bigotry or superstition--admits of no cure, and of little
-mitigation. If this hellhound were now let loose from the restraints
-of law, we should in one year have every gaol and dungeon full of
-prisoners, and in another, the fires and faggots of the olden times
-would be raging more fiercely than of yore, and more furiously in this
-country than in any other. Whatever Catholics might have been in the
-middle ages, there has been more of religious persecution in Great
-Britain and Ireland, in the last century, than in all the Catholic
-countries of Europe within the same period. On the Continent the spirit
-is on the wane; in England it is on the increase.
-
-"My Lord Denman, in the very abstraction of our individual nature, and
-of the nature of society, a court of justice cannot take cognizance of
-opinions. Its functions are confined exclusively to facts. Can any two
-classes of things be more distinct and opposite? The one is fixed, the
-other perpetually varying. Law, cultivated reason and common sense have
-rescued subjects of opinion from judicial interference, except with
-respect to politics and religion, the two which of all others most need
-the exemption. The interference of courts of justice with religious
-opinions had immensely decreased, and it is now reviving; but it is in
-your Lordship's power to annihilate it by passings nominal sentence
-on the defendant. The effects or results of a fact are ascertainable;
-those of an opinion are but speculative and uncertain. There is not
-in existence, there never has existed, and probably never can exist,
-a religious opinion that has not been deemed blasphemous, and of a
-destructive tendency to morals and social peace, by its opponents,
-who, if they had been strong enough, have relied upon the arguments of
-torture and death, or punishments as severe as society would permit.
-
-"My Lord, legism, or jurisprudence, are sufficiently understood to
-render it indisputable that punishments cannot be vindicatory or
-retrospective, and less than either, vindictive. All religious
-prosecutions seek only for revenge. The object of a legal punishment
-relates solely to the prevention of the offence. If a sentence against
-Mr. Hetherington cannot effect this object, it cannot be justified.
-Will a sentence alter his opinions? will it alter conscientiously that
-of any class or single member of society? and, above all, will it stop
-or check the dissemination of his doctrines? The two first points are
-nugatory; the last is defeated in its pretended object. All history and
-experience prove that persecution, let its form or degree be what it
-may, increases that which it is meant to destroy. Whether the tyrant be
-called Pope or Inquisition, Attorney-General or Court of Queen's Bench,
-the principle and the result are the same.
-
-"Every religion, church, and sect, that exists or is defunct, in Europe
-and in Asia, from the earliest record, has had at its origin, and
-through its infancy, to encounter obloquy and persecution. The Jewish
-religion received animation and vigour from the contempt and cruelties
-of surrounding polytheists, and the Jews sought in one God a protection
-from the horrors which had been inflicted on them by the worshippers of
-many; and well did this atrocious people revenue themselves 011 their
-former persecutors, and this by assuming their own claim to the right
-of punishing men for differing in opinions. The progress of Christianity
-was accelerated by the Jews, in their attempts to crush it by inflicting
-an ignominious and most cruel death on an innocent individual, under
-that absurd fiction of blasphemy, in the foul name of which your
-Lordship is now called upon to punish, against your will, another
-innocent individual. If blasphemy has any meaning, its definition must
-be--'a resistance to a predominant priestcraft.' Every religion, at
-its commencement, is but a confluent mass of blasphemies to the
-previously-established religions; and persecution is the reverse
-of annihilation, Where would Protestantism have been but for its
-persecution by the Catholics, and *vice versa*? From the dawn of
-Protestantism in England, under Wycliffe, and the burning of the first
-Protestants by the priests, in the reign of the Hero of Agincourt (what
-a hero!) down to the death of Mary, English Protestants were tortured,
-burnt, hanged, and punished, and yet the religion spread. Throughout
-Germany the same effects proceeded from the same cause. Our English
-persecutions of the Catholics in Ireland have been long, incessant, and
-too dreadfully cruel to reflect upon, and yet Catholicism has increased
-under them. We have not one respectable sect in England that has not
-arisen in despite of persecution, and increased by means of it, and
-these, with hundreds or thousands of other instances (for history
-abounds with them), prove that persecution or punishment does not, and
-cannot, effect the object in view; and that, consequently,
-punishment cannot be justified by its only legitimate principle of
-justification--utility. It is madness to punish for an offence which
-must be increased by the very nature of the punishment. Formerly, in
-punishments for blasphemy, men, women, and children were burnt and
-put to every variety of torture, for the good of their souls--now, we
-substitute for the word soul, the phrase--'*the security of society*,'
-or other jargon equally nonsensical. The Court of Inquisition was, and
-is, wherever it exists, more honourable than the Protestant Court of
-Queen's Bench, for the Inquisitors tortured and destroyed for the sake
-of the soul, but our Courts punish only for the profit of the priest.
-The old plea, the impudent and barbarous plea, of 'Benefit of Clergy,'
-is annulled by law, and yet an indictment for blasphemy is nothing more
-or less than a process for the 'Benefit of Clergy.' Thus, my Lord, have
-I humbly attempted to prove that your punishment of this individual
-will be in strong and violent opposition to the principles, opinion, and
-feelings which you have avowed on the Ministerial Benches of the House
-of Commons; and if the Whig Administration is so infatuatedly base as
-to call the defendant up for punishment your Lordship will be in the
-unenviable position of passing a sentence, as Lord Chief Justice of
-England, against the nature, principles, and objects of which you have
-expressed little less than abhorrence in the character of Her Majesty's
-Attorney-General in the House of Commons. At that period, my Lord, you
-were the freely and most honourably chosen representative of one of the
-largest and most enlightened constituencies of Great Britain--the town
-of Nottingham--and your constituents expressed no dissatisfaction at
-your speech. Is there not a sympathy between Nottingham and other large,
-and populous, aud enlightened towns and cities, and between them all and
-the general population of the empire? I have likewise, my Lord,
-shown, to the best of my very humble abilities, as a legist, that any
-punishment inflicted on this individual, violates the only principle
-on which all punishments can be justified--the prevention of the
-offence--if it be one.
-
-"What, in other respects, will be the effects of this brutal
-prosecution? Burn Mr. Hetherington alive,--slowly roast him, torture
-him by every device, hang him, quarter him, and stick his head on
-Temple-bar, and his quarters on the gates of four of our principal
-cathedral towns, as in all such cases used to be the practice of our
-most pious Christian ancestors in 'the good old times'--or let your
-Lordship pass the most lenient sentence on him, and what will be
-the result? Will any thing be proved, disproved, strengthened, or
-invalidated, by either mode of punishment? If divines or laymen argue
-upon the Scriptures *in toto* or in parts, *en masse* or in detail,
-could any of the disputants establish his point by arguing that Mr.
-Hetherington or Mr. Snookes, for the names are indifferent, was or
-was not in gaol, or that the sentence was six days' or six months'
-incarceration--how would the case stand syllogistically? A asserts that
-the Bible ought to be burnt--A is not prosecuted--ergo, the Bible
-ought to be burnt. B asserts that the Bible ought to be burnt--B is
-prosecuted--B is acquitted by the Jury--ergo, the Bible ought to be
-burnt. C asserts that the Bible ought to be burnt--C is prosecuted--C is
-found guilty--ergo, the Bible ought not to be burnt. Again, D, E, F, and
-G, are prosecuted for saying that the Bible ought to be burnt. They are
-all found guilty under different Judges, and their sentences vary from
-three, six, twelve, and eighteen months' imprisonment. Here the public
-mind is in utter confusion between the cases of A, B, and C, and between
-the ratios of punishment inflicted on D, E, F, and G, I have gone to
-the extent of the musical gamut. Ratios might be calculated by
-arithmeticians aud algebraists. Thus--'As burning the Bible is to the
-acquittal of B,--so is not burning the Bible to the sentence on D, E, F,
-or G." Really, my Lord, as a man of the most cultivated intellect, you
-must see the monstrous absurdity, the atrocious cruelty, of subjecting
-opinions on Scriptures to 'Trial by Jury.' If opinions on a book are to
-be brought before a Jury, so might its author. I speak in no disrespect
-of Scriptures, but I speak in utter disgust and abhorrence of bringing
-them before Juries. What, in fact, does a verdict of 'Guilty' or 'Not
-Guilty' amount to, in case of an opinion on the Scriptures? The ignorant
-Jury men unwittingly set themselves above the Scriptures, and tyrannise
-over the Deity himself. The impiety lies all in the Jury, and not in the
-accused. The trial my Lord, proceeds entirely on the conceded point that
-the Scriptures are the word of God; a word is an empty, unintelligible,
-worthless sound, except by the interpretation put upon it; and if the
-Jury will be the interpreters, they are the authors of the word,
-and usurp the powers of the Deity. God may say 'this is my word
-and commandment,' and a Jury replies, 'the substance utility,
-intelligibility of a word depend entirely upon the meaning attached to
-it, and we Jurymen will put and make all other men put what construction
-we please, upon it, under pains and penalties, so that the word is not
-yours, but ours.' A Defendant may argue, 'my construction is a matter
-between my conscience and my God.' The verdict replies, 'God has
-nothing to do with it; your construction is entirely a case between your
-conscience and us Jurymen, stock-brokers, bill-brokers, pawnbrokers,
-gambling-house-keepers, and, peradventure, keepers of houses of a still
-worse description.' My Lord Denman, the manly character of your mind
-will make you fearlessly grapple with this important subject, and will
-induce your Lordship to feel that I have as fearlessly and as honestly
-stated the merits of the case. Pause, my Lord, before you ruin, and
-almost torture a man, for whose defence you have expressed respect from
-the Judgment-seat, and this by a sentence for the nature and principles
-of which you have publicly and officially declared an abhorrence.
-
-"Our laws, Lord Denman, lay down a principle that every man is presumed
-to be acquainted with the business, profession, or study to which
-he belongs, or to which he has devoted himself. The converse--a most
-rational converse, is that he is unacquainted with what he does
-not belong to, or has not studied; or, in plain terms, that he is
-unacquainted with that of which he knows nothing. Sir Isaac Newton would
-have been a most ignorant Juryman upon a case resting upon the details
-of business in the butter trade of Cork; and a Mr. Jones, in that trade,
-would be an equally ignorant Juryman on a case involving the complex
-observations and abstract calculations of Sir Isaac's Observatory.
-Shakspeare, as a Juryman, would have been puzzled to determine a
-disputed point of commerce; and a tradesman would be as equally
-perplexed in deciding a point upon the machinery of Arkwright, or the
-steam-engine of Watts. In the present case, a man named Haslam, (but
-the name is immaterial, for I apply myself to abstractions and not
-to individuals,) has devoted himself to the study of a subject. He is
-evidently a man of strong mind, of great knowledge, and of the most
-honest intentions. On many points I differ with him, but individual
-or public difference is not the case at issue. His very able work is
-submitted, not to the public mind, but to 'Trial by Jury;' and its
-merits or demerits are determined upon by merchants, brokers, tradesmen.
-
-"Our laws, Lord Denman, lay down a principle that every man is presumed
-to be acquainted with the business, profession, or study to which
-he belongs, or to which he has devoted himself. The converse-a most
-rational converse, is that he is unacquainted with what he does
-not belong to, or has not studied; or, in plain terms, that he is
-unacquainted with that of which he knows nothing. Sir Isaac Newton would
-have been a most ignorant Juryman upon a ease resting upon the details
-of business in the butter trade of Cork; and a Mr. Jones, in that
-trade, would be an equally ignorant Juryman on a case involving
-the complex observations and abstract calculations of Sir Isaac's
-Observatory. Shakspeare, as a Juryman, would have been puzzled to
-determine a disputed point of commerce; and a tradesman would be as
-equally perplexed in deciding a point upon the machinery of Arkwright,
-or the steam-engine of Watts. In the present case, a man named Haslam,
-(but the name is immaterial, for I apply myself to abstractions and not
-to individuals,) has devoted himself to the study of a subject. He is
-evidently a man of strong mind, of great knowledge, and of the most
-honest intentions. On many points I differ with him, but individual
-or public difference is not the case at issue. His very able work is
-submitted, not to the public mind, but to 'Trial by Jury;' and its
-merits or demerits are determined upon by merchants, brokers, tradesmen
-and jobbing peculating Jurymen called 'Tales.' as totally ignorant
-of Mr! Haslam's studies and works, as he most probably is of their
-different lines of traffic. Is this a test of the merits of the case?
-Is this any barometer of the truth of the Gospel, of public feeling, or
-of the intelligence of our population?
-
-"My Lord Denman, the Attorney-General, tried, in the usual slang of his
-profession, or rather of his office, to attach moral imperfection and
-social dangers to speculative points of theology-to points of creed. We
-have now on our Bench, including Ireland and Scotland, Catholic
-Judges, Judges belonging to the Church of England, to the creeds of the
-Baptists, Anabaptists, Unitarians, and to the no-creeds of the Deists,
-and yet what barrister, attorney, or client, ever complained of a Judge
-on account of his creed or his construction of the Scriptures? In
-Ireland we have Catholic Judges, in Scotland Presbyterian, and in
-England Judges of the Clutch, and of every dissenting sect, and
-yet, when in 'Term time,' a new Trial is moved for, on account of a
-misdirection of a Judge, who ever heard of the misdirection lying
-attached to the Judge's creed? The Solicitor-General of Ireland is a
-Catholic, the Attorney-General of England is a Presbyterian (if he has
-any religion at all), and the Solicitor-General of England is of the
-Church (the refuge of all sceptics), and what does this amount to with
-respect to the discharge of their duties? Lord Chancellors Shaftesbury
-and Thurlow, and very many others, were avowed Deists, and yet in
-moving the House of Lords to set, their judgment aside, their creeds or
-opinions were never put upon the briefs.
-
-"Let me suppose, my Lord, that our most pious Monarch, George the Third,
-had indicted David Hume, the most perfect, of unofficial characters;
-or Adam Smith, a great benefactor of his species; or Edward Gibbon, the
-most illustrious of historians, for their Atheism or Deism; and let me
-state the fact, that the pious Monarch bestowed upon them all very good,
-and, in one instance, very confidential employments, what difference
-does this make? in either case the men, their public functions, and
-their doctrines, would have been equally at issue with public opinion at
-the present day. The merchant, in reading Adam Smith; the philosopher,
-in studying the superior works of Hume; and the scholar, in tracing
-Gibbon's magnificent outline and correct details of Roman history, never
-condescend to inquire whether the authors were patronised by a pious
-or an impious monarch, or whether they were indicted by a Presbyterian,
-Episcopalian, or Atheistical Attorney-General--the slave of an order
-from the Secretary of State's office. This species of scrutiny expired
-years ago, and why should it be revived?
-
-"My Lord Chief Justice Denman, the eyes of the country, and of foreign
-countries, are upon you. The issue of your sentence is the same, except
-to the individual; for, liberate him, you respond but to the voice of
-all enlightened men throughout Europe; incarcerate him, and by passing
-an inhuman sentence upon an innocent man, you enforce a judgment that
-you have promulgated in Parliament to be abhorrent in principles and
-feelings, and this will produce a powerful redaction.
-
-"PUBLICOLA."
-
-
-
-
-
-
-----------------------
-
-.. pgfooter::
-
diff --git a/39055-rst/images/cover.jpg b/39055-rst/images/cover.jpg Binary files differdeleted file mode 100644 index 2a0c75b..0000000 --- a/39055-rst/images/cover.jpg +++ /dev/null diff --git a/39055.txt b/39055.txt deleted file mode 100644 index 978faa5..0000000 --- a/39055.txt +++ /dev/null @@ -1,2587 +0,0 @@ - THE TRIAL OF HENRY HETHERINGTON - - -This eBook is for the use of anyone anywhere at no cost and with almost -no restrictions whatsoever. You may copy it, give it away or re-use it -under the terms of the Project Gutenberg License included with this -eBook or online at http://www.gutenberg.org/license. - - -Title: The Trial of Henry Hetherington - -Author: Henry Hetherington - -Release Date: March 05, 2012 [EBook #39055] - -Language: English - -Character set encoding: US-ASCII - - -*** START OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF HENRY -HETHERINGTON *** - - - - -Produced by David Widger. - - - - - *THE TRIAL OF HENRY HETHERINGTON* - - _By_ - - *Henry Hetherington* - - _On an Indictment for Blasphemy_ - - - - - - -CONTENTS - - - A FULL REPORT OF THE TRIAL OF HENRY HETHERINGTON - THE TRIAL - INDICTMENT - Second Count: - Third Count: - Mr. Bult opened the proceedings - DEFENCE - OBSERVATIONS - Extract from The Sun Newspaper - "TO LORD DENMAN, ON THE LATE PROSECUTION FOR BLASPHEMY - - - - -A FULL REPORT OF THE TRIAL OF HENRY HETHERINGTON - - -ON AN INDICTMENT FOR BLASPHEMY, - -LORD DENMAN AND A SPECIAL JURY, - -ON TUESDAY, DECEMBER 8, 1840; - -FOR SELLING HASLAM'S LETTERS TO THE CLERGY TO ALL DENOMINATIONS: - -THE WHOLE OF THE AUTHORITIES CITED IN THE DEFENCE, AT FULL LENGTH. - -LONDON: - -PRINTED AND PUBLISHED BY HENRY HETHERINGTON, 1-26, STRAND; - -AND SOLD BY ALL BOOKSELLERS. - -1840 - -Price Sixpence. - -To - -JAMES WATSON, - -BOOKSELLER, - -THE FRIEND OF TRUTH, THE INFIDEL TO ERROR, AND THE LOVER OF LIBERTY, - -THIS TRIAL - -IS DEDICATED, - -IN PROOF OF THE AFFECTIONATE ATTACHMENT THAT SUBSISTS BETWEEN TWO -FRIENDS, WHO FULLY RECOGNISE AND ACT UPON THE PRINCIPLES AVOWED AND -CONTENDED FOR IN THE FOLLOWING DEFENCE; AND AS A TRIBUTE OF ESTEEM, - -TO GOD'S NOBLEST WORK--AN HONEST MAN! - -BY HIS FAITHFUL FRIEND, - -HENRY HETHERINGTON. - - - - -THE TRIAL - - -COURT OF QUEEN'S BENCH, December 8, 1840. - -Sittings at Nisi Prius at Westminster, before Lord DENMAN and a -Middlesex Special Jury. - -PROSECUTION FOR BLASPHEMY. - -THE QUEEN Versus HETHERINGTON. - -This was a prosecution instituted by Her Majesty's Attorney-General, Sir -John Campbell, against Henry Hetherington, bookseller, of 126, Strand, -for the publication of a blasphemous libel. - - - - -INDICTMENT - - -Of Easter term, in the Third Year of the Reign of Queen Victoria. -Middlesex:-- - -Be it remembered, that on Tuesday, the twenty-eighth day of April, in -the third year of the reign of our sovereign lady Victoria, by the grace -of God, of the United Kingdom of Great Britain and Ireland, Queen, -Defender of the Faith, in the court of our said lady the Queen, before -the Queen herself at Westminster, in the county of Middlesex, upon the -oath of twelve jurors, good and lawful men, of the said county of -Middlesex, now here sworn and charged to inquire for our said lady the -Queen for the body of the same county; it is presented as followeth, -that is to say, Middlesex to wit. The jurors for our lady the Queen upon -their oath present, that Henry Hetherington, late of Westminster, in the -county of Middlesex, bookseller, _being a wicked, impious, and -ill-disposed person_, and having no regard for the laws and religion of -this realm, but _most wickedly, blasphemously, impiously, and profanely -devising and intending to asperse and vilify that part of the Holy Bible -which is called the Old Testament_, on the third day of February, in the -third year of the reign of our sovereign lady Victoria, by the grace of -God, of the United Kingdom of Great Britain and Ireland, Queen, Defender -of the Faith, at Westminster aforesaid, in the county aforesaid, did -publish, and cause to be published, a certain scandalous, impious, and -blasphemous libel, of and concerning that part of the Holy Bible which -is called the Old Testament, containing therein, amongst other things, -divers scandalous, impious, and blasphemous matters of and concerning -that part of the Holy Bible which is called the Old Testament, according -to the tenor and effect following, that is to say, "What wretched stuff -this Bible (meaning that part of the Holy Bible which is called the Old -Testament) is, to be sure! What a random idiot its author must have -been! I would advise the human race to burn every Bible they have got. -Such a book is actually a disgrace to ourang outangs, much less to men. -I would advise them to burn it, in order that posterity may never know -we believed in such abominable trash. What must they think of our -intellects? What must they think of our incredible foolery? And we not -only believe it, but we actually look upon the book as the sacred word -of God, as a production of infinite wisdom. Was insanity ever more -complete? I for one, however, renounce the book; I renounce it as a vile -compound of filth, blasphemy, and nonsense, as a fraud and a cheat, _and -as an insult to God,"_ to the great displeasure of Almighty God, to the -great scandal, infamy, and contempt of that part of the Holy Bible which -is called the Old Testament, to the evil example of all others, and -against the peace of our said lady the Queen, her crown, and dignity. - - - - -Second Count: - - -And the jurors aforesaid, upon their oath aforesaid, further present, -that the said Henry Hetherington, devising and intending as aforesaid, -on the eleventh day of February and year aforesaid, at Westminster -aforesaid, in the county aforesaid, did publish, and cause to be -published, a certain other scandalous, impious, and blasphemous libel, -of and concerning that part of the Holy Bible which is called the Old -Testament, containing therein, amongst other things, divers scandalous, -impious, and blasphemous matters of and concerning that part of the Holy -Bible which is called the Old Testament, according to the tenor and -effect following, that is to say, "One great question between you and me -is, 'Is the Bible (meaning that part of the Holy Bible which is called -the Old Testament) the word of God, or is it not? I assert that it is -not the word of God, and you assert that it is; and I not only assert -that it is not the word of God, but that it is a book containing more -blunders, more ignorance, and more nonsense, than any book to be found -in the universe," to the great displeasure of Almighty God, to the great -scandal and contempt of that part of the Holy Bible which is called the -Old Testament, to the evil example of all others, and against the peace -of our lady the Queen, lier crown, and dignity. - - - - -Third Count: - - -And the jurors aforesaid, upon their oath aforesaid, further present, -that the said Henry Hetherington, further devising and intending as -aforesaid, on the day and year last aforesaid, at Westminster aforesaid, -in the county aforesaid, did publish, and cause to be published, a -certain other scandalous, impious, and blasphemous libel of and -concerning that part of the Holy Bible which is called the Old -Testament, containing therein, among other things, divers scandalous, -impious, and blasphemous matters of and concerning that part of the Holy -Bible which is called the Old Testament, in one part thereof, according -to the tenor and effect following, that is to say, "My object, and I -fearlessly state it, is to expose this book (meaning that part of the -Holy Bible which is called the Old Testament) in such a manner, that the -children of the Stockport Sunday-school will reject it with contempt and -in another part thereof, according to the tenor and effect following, -that is to say, - -"Such a book (meaning that part of the Holy Bible which is called the -Old Testament) ought to be rejected by every one. The human race have -been too long gulled with such trash. Moses was the inventor of this -grand cheat; and although it may have done some little towards -frightening people into what is called morality, the purpose for which -Moses invented it is now out of date, - -"to the great displeasure of Almighty God, to the great scandal and -contempt of that part of the Holy Bible which is called the Old -Testament, to the evil example of all others, and against the peace of -our lady the Queen, her crown, and dignity." - -[Witness] ALEXANDER KERR, - -One sworn in court. - -A true Bill. - -On the names of the gentlemen summoned as Special Jurymen being called -over, only five answered to their names. - -The Attorney-General prayed a tales, when the following were sworn:-- - -The Jury. - -Special-- - -Robert Savage, Esq., 11, Montaguplace, Bloomsbury. - -James Arboine, merchant, 3, Brunswick-square. - -William Fechney Black, merchant, Wilton-place. - -Charles Frederick Barnwell, Esq., 44, Woburn-place. - -Robert Eglinton, merchant, 29, Woburn-square. - -Common Jurors-- - -Charles Ricketts, stove-maker, 5, Agar-street, West Strand. - -William Polden, licensed victualler, Villiers-street, Strand. - -John Osborne, confectioner, 401, Strand. - -John Johnson Ruffell, painter, 24, Church-street, Soho. - -Thomas Reid, baker, 24, Old Compton-street, Soho. - -Charles Phillips, ivory brush-maicer, 20, King-street, Soho. J. Mahew, -baker, 84, Greek-street, Soho. - - - - -Mr. Bult opened the proceedings - - -The Attorney-General said, this was an indictment found by the Grand -Jury of Middlesex, for the publication of certain blasphemous libels. It -appeared to him that all he should have to do, would be to prove the -publication of the libels in question. He had not hesitated for one -moment, when he found there were only five Special Jurymen, to pray a -tales, because it was to him a matter of perfect indifference from what -class of society the Jury was taken. It had frequently been laid down by -the Judges, that to insult and vilify Christianity was against the law. -Publications insulting religion, and addressed to the vulgar and -uneducated, were most dangerous. He would call a witness who purchased -these books in the defendant's shop, the defendant himself being -present; and he should prove that the defendant was rated to that house. -It gave him pain that it should be necessary for the Jury to hear such -shocking attacks as were contained in this publication. It consisted of -a series of letters, and each number was sold for a penny. It was -"Letters to the Clergy of all Denominations" and was, in fact, an attack -upon the Holy Scriptures, particularly on the Old Testament. He should -content himself with reading one extract.--(The learned Gentleman then -read an extract from Letter 8, contained in the first count of the -indictment.) Mr. Hetherington was in person to defend himself: they -would hear what he had to say, and then he (the Attorney-General) would -have an opportunity of again addressing them. - -The following witness was then called and examined by Sir F. Pollock. - -Alexander Kerr, a policeman, bought the "Letters to the Clergy," 5, 8, -and 13, at the shop of the defendant, 126, Strand, on the 5th of -February last. A young man served him. Knows defendant--he was standing -on the threshold of the door at the time; has known him for the last -three years; has seen him repeatedly at the shop. Paid one penny each -for the letters. - -Cross-examined by Mr. Hetherington.--Did not come in his uniform to -purchase them. Came from directions he had received, not from any -reputation the work had acquired. Did not read the fifth number or the -eighth number of the book purchased at the shop. Stated at the Old -Bailey, at the trial of Mr. Cleave, that he had read a copy, but not the -one purchased of defendant. Curiosity induced him to read it. It did not -shake his opinion--it did not make him burn his Bible; quite the -opposite. He is a plainly-educated man. Was instructed to purchase all -he could get at defendant's shop. Purchased other numbers, but did not -read them. The work produced no effect on him to induce him to follow -the recommendations of the author. - -George Sherwill, collector of poor's-rate for the liberty of the Savoy, -proved that defendant was rated for No. 126. - -The libels were then put in and read: first, No. 8 of "Haslam's Letters -to the Clergy of all Denominations," then 5 of the same work, and then -18. - -The Attorney-General said, that was the case for the prosecution. - - - - -DEFENCE - - -My Lord--Gentlemen of the Jury, - -"In rising to vindicate myself from the charge preferred against me in -this indictment, I shall not attempt to justify the language alluded to -by the Attorney-General; but I cannot refrain from expressing my -surprise that the Government, after having encouraged the circulation of -cheap knowledge upon all subjects,--in Penny Magazines and Penny -Cyclopaedias,--should have placed me on my trial upon such a flimsy -charge as this--for flimsy it undoubtedly is, when, out of a work -comprising nearly 500 pages, the Attorney-General can only find one -passage,--that in the eighth Letter, which is, I admit, expressed in -very improper language,--whereon to found an indictment. I contend that -it is impossible to say where a person is to stop in his inquiries. If a -person is permitted to reject one tenet, another may reject another; and -there is no reason why another should not go on, and reject the whole. -In the whole work there is not one disrespectful word about -Christianity; it is a rejection of the miracles ascribed to Moses in the -Old Testament, which have been indignantly rejected by many learned men. -The work was not intended as a scurrilous attack, but as an inquiry into -the effects of the usages of society, founded upon the Old Testament. -The object of Mr. Haslam was benevolent; and however much he might err, -he was not criminal. He undertook to prove to the clergy that they were -all in error that the doctrines they are teaching to the people are -false, absurd, and irrational; that they are directly contrary to -reason; and that, so long as they are preached to the people, so long -will the people be vicious, wretched, and unhappy. - -"The Attorney-General has only read the objectionable passages: I will -read a few passages from Mr. Haslam's first Letter, which will enable -the Jury to understand the nature of his work, and appreciate his -motives. Having frankly stated his object, he proceeds:-- - -"You, no doubt, will feel concerned at this; you will very likely be -angry with me for this daring attempt; you will call me Deist, Atheist, -Infidel, and many other charitable epithets; you will feel unutterable -things towards me; and I shall, no doubt, be subject to the _extreme -charity_ of your _pious_ congregations, who profess to 'love their -neighbours as themselves,' and into whose minds you have crammed -absurdity after absurdity, until they have scarcely room for another. I -shall, no doubt, expose myself to all manner of ill-feeling and -uncharitableness, and to calumnies and lies of every description; but -shall these deter me from making known the convictions of iny mind? -Shall these hinder me from exposing the errors and absurdities which I -see interested men instilling into the minds of the people? Shall these -prevent me from telling the people that they are deceived and imposed -upon, and that their beggary, and want, and wretchedness, are the -consequences of it? Shall these, in short, stop me from exposing the -irrationalities which I see everywhere around me, and which occasion so -much misery and unhappiness to my fellow-men? No, I tell you they shall -not. That power which sent you into the world, sent me into the world -also; and if you have a right to think and speak, I have a right to -think and speak also. I have received an organization for the purpose as -well as any of you; and as long as that organization remains unimpaired, -so long will I tell the world what I think and feel. - -"Why should any of you be angry with me? If I can prove your doctrines -to be false and erroneous, what occasion is there for anger? What can -you want with doctrines that are false? As honest men you ought -immediately to abandon them. Instead, therefore, of being angry with me, -you ought to have the very opposite feeling; for of what service can -error and nonsense be to any man, or any set of men? - -"But if I prove that your doctrines are not only false and erroneous, -but that they occasion a vast amount of mischief to the people; that -they occasion want and vice, and all manner of wickedness, and that, by -removing them from the minds of the people, and substituting truths, all -this want, and vice, and wickedness might be put an end to; if, I say, I -prove this, why should you be angry with me for doing it? Surely you -cannot wish the people to remain in a state of want, and vice, and -wickedness; and yet, if you do not, why should you be angry at me for -showing you the causes of them, and pointing out the means for their -removal? - -"You talk a great deal about morality and religion; you manifest in your -pulpits a great anxiety to spread them amongst the people; but who can -believe you to be sincere, when you resist every attempt to remove the -causes of immorality and irreligion? You must know that effects cannot -be removed without removing the causes of them, and by resisting the -removal of these causes, you evidently show a disposition to keep the -people in wickedness. This wickedness proceeds from certain causes. We -have pointed these causes out to you, and if you will not remove them, -does not that evidently show that you would rather that the people were -wicked? Can there be conclusions more logical? What ridiculous cant it -must be then to talk about morality and religion? - -"My assumption then is, that the belief of every man is given to him -_independently of his will_, and that, therefore, no just power can -punish him for it. - -"Your assumption is the opposite of this; you assert that the belief of -every man depends upon his own will; _that he can either believe in the -Bible, or not believe in the Bible_; that he can either be Christian or -Jew, Mahomedan or Infidel, and that, therefore, God will punish him if -he do not believe in a particular manner. - -"These then, are our respective assumptions--and now let reason, 'the -grand prerogative of man,' determine between us. - -"Gentlemen, contrast the spirit of Mr. Haslam in this passage with the -spirit of my prosecutors. He invokes Reason, 'the grand prerogative of -man,' to determine between them; the Clergy, on the contrary, resort to -prosecution to crush a reasoning opponent. - -"I beg to inform you that I have read the Bible attentively, and that -the more I read it the more reason I see for disbelieving it. - -"The Bible asserts things which the whole of my senses tell me are -false; and if my senses are independent of myself, how can I help -disbelieving it? - -"I know that God gave me my senses; but how can I believe God made the -Bible, when it is directly opposed to these senses? To believe that God -is the author of both, is to believe that God commits absurdities like -yourselves; and to ascribe such a paltry and blundering performance as -the Bible to that power which governs the universe is to dishonour that -power, if any thing can dishonour it. - -"But a man's belief is not only formed independently of his will, but it -is often formed in direct opposition to it. I, for instance, once -believed that the principles which I now hold were false; I used to -argue against them, and even write against them, and my will to -disbelieve them was so strong, owing to their apparent absurdity, that I -used to be delighted when I imagined I had discovered a fresh argument -with which I might overturn them. Continuing, however, to argue, I began -to see their truth; I saw the principles more clearly; I found I had -mistaken them very much; and at last I saw into them as clearly, as -Cobbett used to say, as the sun at noon-day. - -"Now here, you see, my will was to disbelieve these principles; but, -after the process of reasoning was over, I was compelled to alter my -will. This, then, being the case, was that will free? Could I have -continued to disbelieve them, when my convictions told me they were -true? And if I could not, where, I again ask, was my free will? - -"Here, then, is reasoning enough to prove the truth of my assumption; -and now I beg to call your attention to its peculiar effect upon your -various systems of religion. - -"In conclusion, therefore, I beg to call upon you to defend your -doctrines from the serious charges I have here made, and shall continue -to make against them. You may either do it by writing, or by verbal -discussion, whichever you please. But do not continue to act so meanly -and dishonourably, as to preach doctrines to the people which have over -and over again been proved to be false and absurd, and which none of you -are able to defend." - -Gentlemen, you will see by these passages that Mr. Haslam appeals to -reason. He calls upon the Clergy to defend their doctrines, telling them -they may either do it "by writing, or by verbal discussion." The -Government, however, disregarded this appeal; they ought to have called -upon the Bishop of Exeter, and other well-paid bigots of his class, to -come forward and confute Mr. Haslam. But instead of this they prosecute -a bookseller, who had never read a line of the book until this -prosecution. They ought to meet Mr. Haslam with his own weapons; and it -is disgraceful to the Government, which has always advocated the -diffusion of cheap knowledge, to submit to the taunts of the Bishop of -Exeter, and other bigots like him, by instituting these prosecutions for -blasphemy. However we may disapprove of Haslam's doctrines, we cannot -but perceive that he is sincere in his belief. - -Gentlemen, I will, as I proceed, prove to you that the convictions of a -tat which he now believes to be true to have been false. Gentlemen, I -readily admit that the passage in the eighth number is offensively -worded; but I will prove that the free exercise of the right of inquiry -is not, and ought not to be, an offence in law. I will also call your -attention to the hardship of a general bookseller being held responsible -for every book that he sells, and will call your attention to the oath -you have taken, and claim from you that acquittal to which I am -entitled. I claim no exemption from punishment if I sell any obscene -publication,--anything calculated to corrupt or demoralize society,--or -any attacks upon a man's private character; but in cases of the -discussion of abstract truths, is a man to be punished for the -convictions of his mind, which are not in the power of his will? It is -too bad to bring a man into a court of justice on account of a few -solitary passages in a work of this nature. - -Gentlemen of the Jury, our great and popular moralist, Dr. Johnson, has -declared that "Truth is the basis of all excellence." This axiom is so -clear and indisputable, that no intelligent man can hesitate to adopt -it. How, then, can the truth, upon the various subjects interesting to -human beings, be elicited? Not by letting interested men think for us, -but by judging for ourselves--by collecting and examining facts and -arguments, and communicating to society the impressions they -respectively make upon our minds. There is no effectual mode of arriving -at truth, but by the exercise of the right of free inquiry, and the -unrestricted publication of the result of such inquiry. This right has -been deemed of pre-eminent importance from time immemorial, and by men -of all sects and parties; and although corrupt and tyrannical rulers in -the past ages of the world have prosecuted honest men, and endeavoured -to suppress the truth, you will find that in every case to which I shall -call your attention, the intrepid advocates of truth have ultimately -triumphed. Now, Gentlemen of the Jury, I will proceed at once to fortify -myself with a few authorities,--not that I think truth depends upon -great names, however numerous and illustrious they may be, but because I -am determined to advance nothing that is not, in my opinion, strictly -true, and sanctioned and maintained by the greatest intellects of the -age. - -Gentlemen, I will begin with a Bishop. - -"God has given us rational faculties to guide and direct us, and we must -make the most of them that we can; we must judge with our own reasons, -as well as see with our own eyes; and it would-be very _rash, unmanly, -and base_ in us to muffle up our own understandings, and deliver our -reason and faith over to others blindfold."--_Bishop Burnett's -Thirty-nine Articles_, A. 39. - -"Gentlemen of the Jury, will you, by your verdict, consign a man to a -dungeon, because he is too honest and independent to act a '_rash, -unmanly, and base_' part? Will you declare, by your verdict, that -henceforth we shall not '_judge_ with our own reasons, nor _see_ with -our _own eyes_?' I feel confident you will not. - -"_Dr. Whitby_, in his _Last Thoughts_, tells us, "that belief or -disbelief can neither be a virtue or a crime, in any one who uses the -best means in his power of being informed. - -"If a proposition is _evident_, we cannot avoid believing it; _and where -is the merit or piety of a necessary assent?_ If it is _not evident_, we -cannot help rejecting it, or doubting of it; _and where is the crime of -not performing impossibilities, or not believing what does not appear to -us to be true?_" - -Gentlemen of the Jury, can you dispute the truth of the passage I have -quoted from Dr. Whitby? Will you, by your verdict, pronounce it to be -"_a crime_ not to perform _impossibilities_, and endeavour to _force us -to believe_ what does not appear to us to be true?" Gentlemen, you -cannot do it. Let us briefly trace the operations of the human mind, and -we shall find that the mind is governed by a law of necessity. Are we -not definitely and necessarily' affected by the circumstances which -surround us? Have we power to avoid receiving impressions from the -objects presented to us? If we have not, which is now universally -admitted by intelligent men, then the act of _perceiving_, or _forming -ideas_, is a necessary mental operation. Can we, for instance, have an -idea of a man when a monkey is presented to us? Or of colours other than -those which are placed before our visual organs? We cannot, if the eye -be not diseased, perceive red to be green, or green red. The power of -_perception_, therefore, appears to be perfectly involuntary--it is -governed by a law of necessity. - -The next operation of the mind is to form a judgment of the things -perceived; and it is these two things--_perceiving_ and _judging_--which -constitute a man's knowledge or experience. If two bodies of different -magnitudes are presented to our view, are we not compelled to judge of -them according to the impression they respectively make upon the mind? -It is precisely the same with _men, manners, and opinions_. Must we not -conclude that things are what they appear to be, till we know the -contrary? I would appeal to your own experience, Gentlemen, whether you -do not invariably and necessarily judge of men and things according to -their inherent or imaginary qualities? Some men, indeed, are puzzled to -account for the diversity of judgment observable where different men -examine the same subject, and from the same data; but this circumstance -is easily accounted for. It results simply from this fact, that men -judge of things precisely as they appear to them: and the different -judgments formed of the same things are ascribable wholly to the -different degrees of strength in the power of perception, and to the -extent and variety of knowledge previously acquired. _Perception and -judgment_, therefore, appear to be involuntary and necessary. - -Gentlemen, if this be true, is a man who has arrived at conclusions -adverse to the _received opinions_ of society a fit subject of -punishment? If not, how much less so is the bookseller who merely sells -his book? - -Mr. Haslam calls upon the Clergy to enter into the controversy with him, -and to let _reason_ decide between them. Why do not the Government, and -the learned Attorney-General, adopt Mr. Haslam's recommendation, instead -of instituting a prosecution against a bookseller who never read a line -of the book till his attention was called to it by this unjust -prosecution? Why do not the Government,--who patronise penny -literature--who affect to be friendly to free discussion, call on the -Bishop of Exeter, and other well-paid bigots, to defend the Bible -against the assaults of Mr. Haslam? For the learned Attorney-General to -attempt to crush the free expression of opinion by prosecutions of this -nature, is most unjust and impolitic. I maintain that two out of the -three passages read would not support the indictment at all; and the -third passage--set forth in the first count of the indictment--so far -from being blasphemy, declares that the author _rejects the Bible, -because he looks upon it as containing statements that were insulting to -God_. In the passage immediately following that which is prosecuted, the -author admits that the book contains some good precepts, but declares -that he deems mere precepts to be useless. I will take the liberty of -reading the passage to the Jury. - -"I allow that there are some good precepts in it, but I contend that -these precepts are useless. I contend that _all_ precepts are useless. -Of what use have all the precepts in the world been to the human race? -Have they made man wiser, or better, or happier? Have they lessened the -amount of his vice and his misery? 1 contend that they have not. Vice -and misery have been increasing, although these precepts have been more -and more preached to the people. Precepts, reverend ministers of the -gospel, are mere wind; they are as empty as the vapour issuing from the -kettle's spout; they have no effect whatever in making man wise, or -good, or happy; the present wretchedness of the world is a proof of it. -The way, reverend sirs, to make man wise, and good, and happy, is, not -to preach precepts to the people, but to abolish the present irrational -system of individual property; to arrange society in such a manner that -the interest of one man will be the interest of the whole. Until this be -done, all the precepts in the world, preached, too, with all the -eloquence in the world, will never remove man from his present -deplorable condition." - -Gentlemen, you will perceive by this extract that the author is a -socialist. It is not necessary for me to maintain that he is right in -these opinions. All that I have to do is to show that these opinions -were sincerely believed by Mr. Haslam. I have clearly shown that belief -is involuntary. No man can tell one day what his belief will be the -next. In my own person I furnish an instance of this. I married young, -and having formed in my mind a standard of ideal perfection, I -determined that my children should equal that standard, as far as human -means could make them. I tried to effect my object by severity. Acting -upon wrong principles, of course, I failed; but at that time I was young -and ignorant, and believed myself to be right. However, a friend who -knew better than myself, and who had had much experience, lent me Miss -Williams's Letters on the Philosophy of Education, and the reading of -that book put new ideas into my mind. It produced, in fact, a mental -revolution;--I changed my opinion and my system, and did so with the -happiest success. From that time I banished coercion as a principle of -education. I repeat, then, that belief is not voluntary, and that -compulsion is not a good means of producing good belief or good conduct. - -Gentlemen, I will now quote the opinion of Bishop Marsh, as to the -importance of free inquiry. I quote from the Bishops as persons of the -greatest authority on this subject, far greater than the -Attorney-General, or any of his legal brethren. - -"Investigation, it is said, frequently leads to doubts where there were -none before. So much the better. If a thing is false, _it ought not to -be received_; if a thing is true, _it can never lose in the end by -inquiry_."--_Bishop Marsh's First Lecture_. - -Gentlemen, you have heard the opinion of Bishop Marsh. You cannot -suppose that the Bishops are adverse to the Church--they are great -supporters of it, and so, perhaps, might I be if I got so much by it--(a -laugh)--as like circumstances produce like effects. Well, Gentlemen, -Bishop Marsh maintains that "if a thing is _false_, it ought not to be -received; if it is true, it can never lose in the end by inquiry." Why, -then, should the Attorney-General prosecute a person who rejects a thing -that does not appear to him to be true? - -Gentlemen, let me now submit to your attention the opinion of Sir -William Temple. - -_Sir William Temple_ says, "They may make me do things which are in my -power, and depend on my will; but to believe _this_ or _that_ to be true -depends not on my will, but upon the light, and evidence, and -information which I have. And will civil discouragements and -incapacities, fines and confiscations, stripes and imprisonment, -enlighten the understanding, convince men's minds of error, and inform -them of the truth? Can they have any such efficacy as to make men change -the inward judgment they have framed of things? _Nothing can do this but -reason and argument_: this is what our minds and understandings will -naturally yield to, but they _cannot_ be compelled to believe any thing -by outward force. So that the promoting of _true_ religion is plainly -out of the magistrate's _reach_, as well as beside _his office_." - -Here, Gentlemen, you have the opinion of Sir William Temple, that men -cannot be forced to believe anything by outward force and persecution, -so that the promoting of true religion is out of the magistrate's power, -as well as beside his office. This is a most true and proper -declaration; and if the Attorney-General had reflected upon this -passage, I am sure he must have fully appreciated its truth, and then -this prosecution would not have been instituted. I appeal to the learned -Attorney-General, whether my being ruined and sent to a dungeon will -alter the state of things? Will it alter the opinion of Mr. Haslam? Will -it make me believe that I ought to be prosecuted for selling this book; -or that a man has not a right to promulgate his opinions? I am placed in -an awkward position in having to defend a man's right to publish, while -I dissent from some of Mr. Haslam's opinions, and the manner in which he -has thought proper to express them. I have been told that the -Attorney-General is a good kind of a man, who has no wish to press -severely upon persons in my situation; and some friends--not my true -friends--have urged me to forward a memorial to him on the subject of -this prosecution. Now what could I do? There was no way of inducing the -Attorney-General to stay this prosecution, but by pleading guilty; and -although I am well aware that your verdict, if adverse to me, will be my -ruin, yet I would rather terminate my existence on the floor of this -court than plead guilty to this lying indictment, or admit that I am a -wicked, malicious, and evil-disposed person, when I know that to the -best of my judgment and ability I am an upright, honest, -well-intentioned man. If I believed myself to be the man described, in -the indictment--which I must do before I could consent to plead -guilty--I would fly to the uttermost parts of the earth; for a man is -totally destroyed when he has lost all feeling of self-respect, and the -esteem and regard of his friends and associates. - -Gentleman of the Jury, I have yet a host of authorities before me, but I -will not waste time by quoting them; as I am convinced you must now be -quite satisfied, from what I have already adduced, that every Englishman -has an undoubted right to investigate all subjects--whether religious or -political--and to publish the result of the investigation for the -benefit of society at large; but, Gentlemen, in closing what I have to -say on this part of the subject, I beg to lay before you two striking -and convincing passages from Lord Brougham and Dr. Southwood Smith--two -of the most intellectual and eminent individuals of the present day. - -Gentlemen, the first passage I will quote is from Dr. Southwood Smith, -who strikingly and beautifully describes the proper boundary of human -investigation; and I beg the particular attention of the learned -Attorney-General to this passage. - -"There is no proper boundary to human investigation," says the doctor, -"but the capacity of the human mind. Whatever the faculties enable it to -understand, it ought to examine without any restraint on the freedom of -its inquiry, and without any other limit to its extent than that which -its great Author has fixed, by withholding from it the power to proceed -farther. When the means of conducting the human understanding to its -highest perfection shall have become generally understood, this freedom -of inquiry will not only be universally allowed, but early and anxiously -inculcated, _as a duty_ of primary and essential obligation." - -Gentlemen, I now beg you to listen to the extract I am about to read -from _Lord Brougham's Inaugural Address to the University of Glasgow_. - -"As men will no longer suffer themselves to be led blindfold in -Ignorance, so will they no more yield to the vile principle of judging -and treating their fellow-creatures, not according to the intrinsic -merit of their actions, but according to the accidental and involuntary -coincidence of their opinions. The great truth has finally gone forth to -the ends of the earth, _that man shall no more render_ ACCOUNT TO MAN -FOR HIS BELIEF, OVER WHICH HE HAS HIMSELF NO CONTROL. - -"Henceforward nothing shall prevail upon us to praise or to blame any -one for that which he can no more change than he can the hue of his skin -or the height of his stature. Henceforward, treating with entire respect -those who conscientiously differ from ourselves, the only practical -effect of the difference will be, to make us enlighten the ignorance, on -one side or the other, from which it springs, by instructing them, if it -be theirs, ourselves, if it be our own; to the end that the only kind of -unanimity may be produced which is desirable among rational beings,--the -agreement proceeding from full conviction after the freest -discussion."--_Lord Brougham._ - -Gentlemen, after hearing these splendid passages, will it be possible -for you to sanction a renewal of persecution to crush freedom of -opinion? - -Gentlemen of the Jury,--I now come to the next point in the argument. -Having, I hope, successfully proved the right of free inquiry and the -free publication of opinions, I will proceed to show, by a reference to -past events, that it is highly important that this right should be -preserved, and handed down to our latest posterity unimpaired. -Gentlemen, it has been a uniform practice, from the earliest records of -time, to stigmatize those who introduce new truths, or who attack the -existing institutions of a country, as infidels, and to fix upon them -all sorts of opprobious epithets. - -"In all ages _new doctrines_ have been branded as impious; and -Christianity itself has offered no exception to this rule. The Greeks -and Romans charged Christianity with 'impiety and novelty.' In _Cave's -Primitive Christianity_ we are informed 'that the Christians were -everywhere accounted a pack of _Atheists_, and their religion _the -Atheism._' _They were denominated; 'mountebank impostors,' and 'men of a -desperate and unlawful faction.' They were represented as 'destructive -and pernicious to human society,' and were accused of 'sacrilege, -sedition, and high treason.' The same system of misrepresentation and -abuse was practised by the Roman Catholics against the Protestants at -the Reformation. Some called their dogs Calvin; and others transformed -Calvin into Cain,' In France, 'the old stale calumnies, formerly -invented against the first Christians, were again revived by Demochares, -a doctor of the Sorbonne, pretending that all the disasters of the state -were to be attributed to Protestants alone.'"--*Combe on the -Constitution of Man_. - -In our own enlightened country, where the importance of truth--and free -inquiry as a means of its attainment--is beginning to be appreciated, a -different practice should prevail. We ought not to persist in this -unmanly course. Recollect, Gentlemen, the Prophets of the Jews were -_blasphemers_ against the established religions of their day. Did that -deter them from denouncing the idolatry and false religions of the -surrounding nations? Elijah is represented as ridiculing the God of the -Moabites in a most offensive manner: "_And it came to pass at noon, that -Elijah mocked them and said, 'Cry aloud: for he is a god; either he is -talking f or he is pursuing, or he is in a journey, or peradventure he -sleepeth and must be awaked._'" 1 Kings xviii. 27. And in Judea, Jesus -and his Apostles were charged as blasphemers against Judaism, or the -religion established by Moses. We have a remarkable proof of this in the -case of Stephen, recorded in the 6th and 7th chapters of the Acts of the -Apostles. - -"And they were not able to resist the wisdom and the spirit by which he -spake. - -"Then they suborned men, which said, We have heard him speak -_blasphemous_ words against Moses, and against God. - -"And they stirred up the people, and the elders, and the scribes, and -came upon him, and caught him, and brought him to the council, - -"And set up false witnesses, which said, This man ceaseth not to speak -blasphemous words against this holy place and the law: - -"For we have heard him say that this Jesus of Nazareth shall destroy -this place, and shall change the customs which Moses delivered -us."--Acts vi, 10--14. - -And Stephen defending himself before the Council, boldly asks them, - -"Which of the prophets have not your fathers persecuted? And they have -slain them which showed before of the coming of the Just One; _of whom -ye have_ BEEN NOW THE BETRAYERS AND MURDERERS. - -"When they heard these things they were cut to the heart, and they -gnashed at him with their teeth. - -"And they cried out with a loud voice, and stopped their ears, and ran -upon him with one accord, - -"And cast him out of the city, and stoned him." Acts vii; 51, 52, -54,57,58. - -Now, Gentlemen, is it just or politic that the proclaimers of new -truths, and new systems, should be treated in this manner? Would it not -be far more rational to hear what a man has to say, and answer him, than -to "gnash at him with the teeth," to "stop your ears," to "run at him -with one accord," and to "stone him to death?" Can you, Gentlemen, by -your verdict give your sanction to a course of proceeding similar to -that which deprived Stephen of life? All persecution is the same in -spirit--highly unjust and impolitic--whether it be exercised against the -Apostle Stephen, or the humble individual who now addresses you. - -Gentlemen, the supporters of the established religion in the days of the -Apostles, pursued the same course that the bigots of the present day are -pursuing. They applied to the High Priest, or to the Attorney-General of -that day, to prosecute Stephen for _blasphemy_, and stirred up the -people. In the present case the Bishop of Exeter did not stir up the -people, but he stirred up the Government. He sent a packet of papers to -Lord Normanby, who handed them to the Attorney-General, and he appears -to have considered it to be his duty to institute the present -prosecution. The learned Attorney-General, as was the case with the -priests and rulers of the Jews, would not allow any discussion to take -place that was likely to change existing customs. I will do the -Government the justice to say, however, that I do not believe they are -disposed to put a stop to the full investigation of any subject, if -conducted with decency. I readily admit that the passage in the eighth -number of Mr. Haslam's Letters is highly objectionable in -phraseology--it is in very bad taste--but is that a reason for sending a -bookseller to prison, because he has sold a book written in bad taste? -It cannot be--all published works must be left to the fiat of public -opinion to determine their merit. - -Gentlemen, the same spirit was evinced by the wicked and corrupt rulers -of the Jews against the founder of Christianity. They sought false -witnesses against him; but at length, Jesus having spoken out -explicitly, the High Priest rent his clothes, saying, "_He hath spoken -blasphemy; what further need have we of witnesses? Behold, now ye have -heard his blasphemy. What think ye? They answered and said_, *HE is -guilty to death.*" (Matt. 26; 65.) Will you, Gentlemen--a Christian -Jury--considering Christianity part and parcel of the law of the land, -by your verdict say, that Jesus was rightly treated by the Jews? Ought -the constituted authorities of that day to have obstructed the glorious -truths of Christianity, and have put to death the Messenger of Man's -salvation? Unless you deliver a verdict of acquittal, in my case, you in -effect sanction and justify all the cruelties exercised against Jesus -and his Apostles by the rulers of the Jews? - -The learned Counsel for the prosecution will, perhaps, think that there -is no analogy between the cases cited and my own case--that Jesus and -his Apostles introduced truths of the greatest magnitude and importance, -while I am indicted for selling a book that denies the truth of the -Jewish Scriptures. Why, Gentlemen, Dr. Adam Clarke says, "There is some -reason to fear that they (the Jews) _no longer consider the Old -Testament as divinely inspired, but believe that Moses had recourse to -pious frauds_." And, Gentlemen, Jesus and his Apostles denied the -_truth_ of the Jewish Scriptures--_as understood by the rulers of the -Jews_,--and for denying the orthodox and received sense of the Jewish -Scriptures were accused of blasphemy, and received the fate of martyrs! -That cannot be disputed. Was it just, then,--was it politic, I ask, to -settle this controversy by force and cruelty? To _scourg or imprison, -and destroy_ those glorious men who had important truths to impart to -the world? If England has embraced Christianity--and we are not a nation -of hypocrites--let us act upon the spirit of his religion. He says -plainly and emphatically, that we are not to root up error by force or -cruelty. - -In the parable of the tares of the field, he sets forth our duty. "The -Kingdom of Heaven," he says, "is likened unto a man who sowed good seed -in his field; but while men slept, his enemy came and sowed tares among -the wheat, and went his way. But when the blade was sprung up, and -brought forth fruit, there appeared the tares also. So the servants of -the householder came and said unto him, Sir, didst thou not sow good -seed in thy field? from whence then hath it tares! He said unto them, An -enemy hath done this. The servant said unto him, Wilt thou then that we -go and gather them up? But he said, _Nay; lest while ye gather up the -tares, ye root up also the wheat with them_. *Let both grow together -until the harvest.*" Matt, xiii; 25--30. - -When his disciples demanded an explanation of this parable, he said, -"The field is the world: the good seed are the children of the Kingdom: -but the tares are the children of the wicked one: the enemy that sowed -them in the devil: the harvest is the end of the world; and the reapers -are the Angels. The Son of Man shall send forth his Angels, and They -shall gather out of his Kingdom all things that offend, and them which -do iniquity." Matt, xiii; 38, 39. 41. - -Gentlemen, how unjust and impolitic, then, are these prosecutions. Do -they stop the progress of truth? Persecution for matters of opinion is -the same in every case--impolitic--for it never yet succeeded in -stopping the circulation of a correct opinion or a prohibited book? Why -should _Christians_ prosecute men for disbelieving the _Jewish_ -Scriptures, when, according to Dr. Adam Clarke, the Jews disbelieve -parts of the Old Testament themselves? Why should professed Christians -take up and defend that which the Jews themselves reject? Paul, himself, -teaches us that the Jewish law has been superseded by a superior system. -He tells us that the Jewish law "was our schoolmaster to bring us unto -Christ (or Christianity), but after that we are no longer under a -schoolmaster." Gal. iii; 24, 25. - -I can assure the Jury that if Haslam's Letters to the Clergy is an -improper book, it cannot be put down by prosecution; it is far better to -leave it to coldness and neglect. I could give many proofs of this. I am -myself an instance of the inefficacy of prosecution. I have been -prosecuted, as I think with great injustice, for the publication of a -paper called _The Poor Man's Guardian_. Five hundred men was imprisoned -for selling it; I was twice imprisoned, and the circulation of the -paper, thus prosecuted, more than paid my losses; but at last, in the -Court of Exchequer, before Lord Lyndhurst, the Jury found a verdict in -my favour, for I convinced the Jury that the publication was one which -was not against the law. - -The Attorney-General: The Jury found that it was not a newspaper. - -Precisely so: and as soon as it was known that the _Guardian_ was a -legal paper, it went down at once. I could not sell copies enough to pay -the expenses (a laugh). It has been just the same with these Letters; -they have remained unsold till this prosecution, but as soon as it was -known that they were prosecuted, the man who published them could not -print them fast enough. - -Gentlemen, the enlightened Christians of the present day, by sending out -Missionaries to propagate Christianity, are guilty of blasphemy against -the established religion of heathen countries. It would be considered in -England very unjust and cruel if the natives were to seize our -Missionaries, and imprison and ill-treat them. If in this country we are -in the habit of sending out Missionaries to proclaim new truths to -foreign countries--is it not grossly inconsistent and unjust, while -doing this, to punish persons for free investigation at home? In a -recent case, cannon have been fired upon the natives of one of the Tonga -Islands, because they would not receive these Missionaries. The argument -of these Christians is, that truth must be propagated all over the -world--but why stop inquiry at home, while suffering a British -man-of-war to fire upon these islanders, because they would not receive -the new truths of the Missionaries in the way they wished? Is it -wise--is it not highly impolitic, then, to attempt to check the progress -of intellect and human improvement? Can it be done by persecution and -imprisonment? No, Gentlemen, the spirit of inquiry is abroad among the -industrious millions--no subject is too sacred for their investigation. -The mind has burst the fetters imposed on it, in the days of by-gone -ignorance, by the cupidity of interested and hypocritical priests, who -are fully aware that their principles and practices cannot stand the -test of free inquiry. Even Mr. Wesley, the founder of Methodism, saw -that his darling system must ultimately fall before the searching eye of -philosophy and truth. - -_From the Life of the Rev. John Wesley, published in 1792_. - -"Dear Sir,--For your obliging letter, which I received this morning, I -return you thanks. - -"Our opinions, for the most part, perfectly coincide respecting the -stability of the connexion after my head is laid in the dust. This, -however, is a subject about which I am not so anxious as you seem to -imagine; on the contrary, it is a matter of the utmost indifference to -me, as I have-long foreseen that a division must necessarily ensue, from -causes so various, unavoidable, and certain, that I have long since -given up all thoughts and hopes of settling it on a permanent -foundation. You do not seem to be aware of the most effective cause that -will bring about a division. You apprehend the most serious consequences -from a struggle between the preachers for power and pre-eminence, and -there being none among them of sufficient authority or abilities to -support the dignity, or command the respect, and exact the implicit -obedience, which is so necessary to uphold our constitution on its -present principles. This, most undoubtedly, is one thing that will -operate very powerfully against unity in the connexion, and is, perhaps, -what I might possibly have prevented, had not a still greater difficulty -arisen in my mind. I have often wished for some person of abilities to -succeed me as the head of the church I have, with such indefatigable -pains and astonishing success, established; but, convinced that none but -very superior abilities would be equal to the undertaking, was I to -adopt a successor of this description, I fear he might gain so much -influence among the people as to usurp a share, if not the whole, of -that absolute and uncontrollable power which I have hitherto, and am -determined I will maintain so long as I live: never will I bear a rival -near my throne. You, no doubt, see the policy of continually changing -the preachers from one circuit to another, at short periods: for should -any of them become popular with their different congregations, and -insinuate themselves into the favour of their hearers, they might -possibly obtain such influence as to establish themselves independently -of me and the general connexion. Besides, the novelty of the continual -change excites curiosity, and is the more necessary, as few of our -preachers have abilities to render themselves in any degree tolerable -any longer than they are now. - -"The principal cause which will inevitably effect a diminution and -division in the connexion after my death, wilt be the failure of -subscriptions and contributions towards the support of the cause; for -money is as much the sinews of religious as of military power. If it is -with the greatest difficulty that even I can keep them together, for -want of this very necessary article, I think no one else can. Another -cause, which, with others, will effect the division, is the disputes and -contentions that will arise between the preachers and the parties that -will espouse their several causes; by which means much truth will be -brought to light, which will reflect so much to their disadvantage, that -the eyes of the people will be opened to see their motives and -principles; nor will they any longer contribute to their support, when -they find all their pretensions to sanctity and love are founded on -motives of interest and ambition. The consequence of which will be, a -few of the most popular will establish themselves in the respective -places where they have gained sufficient influence over the minds of the -people: the rest must revert to their original humble callings. But this -no way concerns me: I have attained the object of my views, by -establishing a name that will not soon perish from the face of the -earth; I have founded a sect which will boast my name long after my -discipline and doctrines are forgotten. - -"My character and reputation for sanctity is now beyond the reach of -calumny; nor will any thing that may hereafter come to light, or be said -concerning me, to my prejudice, however true, gain credit. - - _"'My unsoiled name, the austereness of my life,_ - _Will vouch against it,_ - _And so the accusation overweigh_ - _That it will stifle in its own report,_ - _And smell of calumny.'_ - -"Another cause that will operate more powerfully and effectually than -any of the preceding is, the rays of Philosophy, which begin now to -pervade all ranks, rapidly dispelling the mists of ignorance, which have -been long, in a great degree, the mother of devotion, of slavish -prejudice, and the enthusiastic bigotry of religious opinions. The -decline of the Papal power is owing to the same irresistible cause; nor -can it be supposed that Methodism can stand its ground when brought to -the test of Truth, Reason, and Philosophy." - -"City-road, Thursday morning. J. W." (1) - - 1. As my defence had extended to a great length, I was anxious - to spare the time of the Jury, and did not, therefore, trouble - them with the whole of this letter. I merely described the - nature of it, and read the last paragraph, being the only - portion applicable to my purpose; but as I deem the letter a - valuable curiosity, and worthy of preservation, I have inserted - it entire. - -Gentlemen, you see Mr. Wesley anticipated that his system must yield to -philosophy, and do you believe the Church of England can stand when -brought to the test of "truth, reason* and philosophy?" A church that -will keep a man in prison nearly two years for 5s. 6d. church-rates? If -you suppress Biblical examination, and the free publication of opinion, -the next step will be to stop inquiry into the _practices_ of the -Church, and to make us all the fettered slaves of the priesthood. No, -Gentlemen; Methodism and Church-of-Englandism are doomed to fall; and -such will be the fate of all systems not based upon the rock of truth. -But, Gentlemen, that is no reason for suppressing inquiry, because the -more the truth is investigated, the more beautiful it will appear. - -Gentlemen, has not our country raised itself to the highest pinnacle of -human greatness as regards civilization and the arts? What rapid -strides--what useful discoveries it has made in the arts and sciences! -Consider its vast achievements in steam navigation--in railroad -travelling--in the improvement of machinery. To such perfection have -they brought machinery, that it is now almost capable of superseding -human labour altogether. If all these magnificent improvements in the -arts and sciences are good to society, and have resulted from free -inquiry--why hesitate to apply it to social, religious, and political -subjects? Are we ever to remain drivellers in religion? The true crime -is that Haslam's Letters are sold at a penny. Why should two-guinea -blasphemers be tolerated and penny ones prosecuted? How can the learned -Attorney-General, whose shelves are, doubtless, adorned with Drummond's -Academical Questions, Voltaire, Gibbon, Volney, and Shelley, uphold this -prosecution; and what must that law be which can find the crime, not in -the contents of the book, but in the fact of its being sold for a penny? -They might for two guineas buy a magnificent book full of blasphemy. The -Attorney-General, in his opening speech, had told the Jury that such -works were "dangerous to society if addressed to the _vulgar, the -uneducated_, and the _unthinking_" but I will appeal to his own witness, -who had read the book, and on whom, an uneducated man, it had proved -inoperative. It had done no mischief: and I hope the Jury will not -consign me to a dungeon for having sold a book which it has been proved -by his own witness has done no mischief. Paul said the Baereans were -more noble than those of Thessalonica, because they searched the -Scriptures daily to see whether these things were so or not. The -Attorney-General is about to punish me for doing the same thing. Christ -himself said, the truth shall make you free; but the Attorney-General -says the truth--or that which you believe to be the truth--shall make -you a prisoner. In the parable of the tares, to which I have already -referred, Jesus expressly forbade the rooting up of the tares, lest the -wheat should be rooted up also. He did not recommend persecution, but -said let them both grow together until the harvest. These passages are -sufficient to show that persecution is opposed to the whole spirit of -Christianity. - -Gentlemen, I will now call your attention to the law on the subject. In -entering upon this topic, of course I shall labour under a great -disadvantage, because I am unacquainted with legal technicalities and -cases. I will commence, therefore, by reading to you the opinion of -Chief Baron Eyre, in his Charge to the Grand Jury, on the commission for -the trial of persons on the charge of High Treason, in 1794, in the -course of which he made use of these liberal expressions:-- - -"All men may, nay, all men must, if they possess the faculty of -thinking, reason upon every thing which sufficiently interests them to -become objects of their attention; and among the objects of attention of -freemen, the principles of government, the constitution of particular -governments, and, above all, the constitution of the government under -which they live, will naturally engage attention, and provoke -speculation. _The power of communication of thoughts and opinions is the -gift of God; and the freedom of it is the source of all science_--the -first fruits, and the ultimate happiness of all society; and therefore, -it seems to follow, _that human laws ought not to interpose, nay, cannot -interpose, to prevent the communication of sentiment and opinions, in -voluntary assemblies of men._" - -Here, Gentlemen, we have an eminent legal authority, in addition to the -Bishops I have quoted, who declares that "human laws _ought not to -inter-pose_, nay, cannot interpose, _to prevent the communication qf -sentiment, and opinion_." Under what law then can I be condemned? This -prosecution goes a step further than any other has gone; it in effect -declares that you shall not dispute the truth of the Jewish Scriptures, -which I have already shown are superseded by the introduction of -Christianity. Paul declares that the Jewish law was only intended to be -our schoolmaster to bring us to Christianity; but if Christianity, as is -asserted, be part and parcel of the low of England, even then this -prosecution has not a log to stand upon. In the "Life and Correspondence -of Major Cartwright," however, there is a letter from Jefferson, himself -an eminent lawyer, and President of the United States of America, who -had deeply studied the laws of England, in which he has proved the -fallacy of the notion that Christianity is part of the common law, by -showing that the common law had existed long before Christianity was -introduced into this country; and that the axiom had its origin and -foundation in a misquotation and mistranslation of a decision of Justice -Prisot, recorded in the Year Book, substituting the words _Holy -Scriptures_ for _Ancient Scriptures_. Jefferson denominates it a -"judiciary forgery," and I hope your Lordship will to-day confirm -Jefferson's view, and put an end to this illegal iniquity. - -Gentlemen, the passage I am about to quote from Jefferson's letter to -Major Cartwright, contains the opinion of Justice Prisot, in old French, -but I have procured a literal and a free translation, which I will read -to the Jury. Your Lordship can refer to the original in the Year Book. - -"I was glad to find, in your book, a formal contradiction, at length, of -the judiciary usurpation of legislative powers; for such the judges have -usurped in their repeated decisions that Christianity is a part of the -common law. The proof of the contrary which you have adduced is -incontrovertible; to wit, that the common law existed while the -Anglo-Saxons were yet Pagans; at a time when they had never yet heard -the name of Christ pronounced, or knew that such a character had ever -existed. But it may amuse you to show when, and by what means, they -stole this law in upon us. In a case of quare impedit, in the year-book, -34 H. 6, fo. 38, (1458,) a question was made, how far the ecclesiastical -law was to be respected in a common law court? And Justice Prisot, c. 5, -gives his opinion in these words:-- - -"'A tiel leis que ils de seint eglise ont en _ancien scripture_, covient - -"'_To such laws which they of the holy church have in ancient writing, -it is proper_ - -a nous a donner credence; car ceo common ley sur quels touts manners - -_for us to give credence; because that is the common law on which all -sorts of leis_ - -sont lor des--et auxy, Sir, nous sumus obliges de conustre leur ley de -saint - -_laws are founded--and thus, Sir, we are obliged to know their law of -the holy_ - -eglise; et semblablement ils sont obliges de conustre nostre lev: et, -Sir, si - -_church; and in like manner they are obliged to know our law; and, Sir, -if_ - -poit apperer or u nous que Tevesque ad fait come un ordinary fera en -tiel - -_it can be shown thus to us that the bishop has done as a layman would -in such_ - -cas, adonq nous devons ceo adjuger bon, ou auterment nemy,' &c.(1) See -S. C, - -_a case, then we ought this to judge good, or otherwise not at all._ - - 1. _Translation read to the Jury._ - -Fitzherbert's Abr. qu. imp. 89. Brown's Abr. qu. imp. 12. Finch, in his -first book, c. 3, is the first afterwards who quotes this case, and -misstates it thus, 'To such laws of the church as have warrant in _holy -scripture_ our law giveth credence,' and cites Prisot, mistranslating -'ancien scripture' into 'holy scripture;' whereas Prisot palpably says, -'to such laws as those of holy church have in _ancient writing_ it is -proper for us to give credence to wit, to their ancient written laws. -This was in 1613, a century and a half after the dictum of Prisot. -Wingate, in 1658, erects this false translation into a maxim of the -common law, copying the words of Finch, but citing Prisot. Wingate's -Maxims, 3; and Sheppard, tit. 'Religion in 1675. copies the same -mistranslation, quoting the Year-book, Finch and Wingate. Hale expresses -it in these words, 'Christianity is parcel of the laws of England.' - -"It is proper for us to respect the laws which the members of the holy -church have in _ancient manuscripts_, because they are the general -source from which all laws are drawn. Thus, Sir, it is necessary for us -to be acquainted with ecclesiastical law, and in like manner the judges -of the ecclesiastical courts are obliged to understand our law: in -consequence, Sir, if it can be shown to us that the ecclesiastical court -has decided as a court of civil law would have done in the same case, -then we ought to deem the judgment good; but if a civil law court would -have decided otherwise, the judgment of the eclesiastical court must be -deemed erroneous." - -"Ventr. 293. 3 Keble, 607, but quotes no authority. By these echoings -and reechoings from one to another, it had become so established in -1728, that in the case of the King v. Woolston, 2 Strange, 834, the -court would not suffer it to be debated, whether to write against -Christianity was punishable in the temporal courts at common law. Wood, -therefore, 409, ventures still to vary the phrase, and says, 'that all -blasphemy and profaneness are offences by the common law,' and cites 2 -Strange. Then Blackstone, in 1763, IV. 59, repeats the words of Hale, -that 'Christianity is part of the law of England,' citing Ventris and -Strange: and finally, Lord Mansfield, with a little qualification, in -Evans's case in 1767, says, 'that the essential principles of revealed -religion are parts of the common law,' thus engulphing Bible, Testament, -and all, into the common law, without citing any authority. And thus we -find this chain of authorities hanging link by link one upon another, -and all ultimately on one and the same hook; and that a mistranslation -of the words 'ancien scripture,' used by Prisot. Finch quotes Prisot; -Wingate does the same; Sheppard quotes Prisot, Finch, and Wingate; Hale -cites nobody; the Court, in Woolston's case, cites Hale; Wood cites -Woolston's case; Blackstone quotes Woolston's case and Hale; and Lord -Mansfield, like Hale, ventures it on his own authority. Here I might -defy the best-read lawyer to produce another scrip of authority for this -_judiciary forgery_; and I might go on further to show how some of the -Anglo-Saxon priests interpolated into the text of Alfred's laws, the -20th, 21st, 22nd, and 23rd chapters of Exodus, and the 10th of the Acts -of the Apostles, from the 23rd to the 29th verses. But this would lead -my pen and your patience too far. What a conspiracy this between Church -and State! Sing Tantararara, Rogues all, Rogues all; Sing Tantararara, -Rogues all!" - -Gentlemen, after hearing this statement from the pen of an educated and -eminent lawyer, can you hesitate to return a verdict of acquittal? You -have now a complete history of this "_judiciary forgery_" as Jefferson -terms it, before you; and I am satisfied that that which originated in a -_fraudulent mistranslation_, cannot, now that the fraud is detected, -long retain the force of law. On this ground, then, I confidently claim -your verdict. - -Gentlemen, I now come to the trade argument--that it is a great hardship -and injustice to hold a bookseller responsible for the contents of the -books he sells. - -I am a general bookseller; and so great is the competition, and so fully -is my time occupied, that I have no time to spare for reading the -various works in my shop, even if I had the inclination. My excellent -and amiable son, before his death, and before I had any idea of this -prosecution, drew up a paper for the management of my business, by which -it appears that upwards of seventy weekly periodicals pass through my -hands every week, besides books and many other periodicals that are -merely collected to order. Amongst them will be found every possible -variety--"The Church of England Magazine," "The Sacred Album," and many -others maintaining contradictory and conflicting opinions; but I do not -hold myself responsible--either legally or morally--for any of them. I -have no right to set myself up as a censor of the press. I sell them -all--and am not responsible for any man's opinions upon an abstract or -general subject. When the subject matter of a book relates to the people -at large, the public alone should decide upon its merits. If the book be -a good one, they will support it; if a bad one, they will condemn and -reject it. This is the only proper punishment for a bad author. The line -of duty I mark out for myself in that I will never sell obscene -publications--works that demoralise and corrupt society--nor any attacks -upon private character; and if a person comes to me complaining that his -character has been falsely and slanderously attacked, I sell no more of -that work. What more can be expected from a general bookseller? If the -sale of a controversial book is to be suppressed, because it contains a -few passages in bad taste, and of objectionable phraseology, then the -sale of the Bible itself must be prohibited, for that book contains many -passages far more objectionable in the present day than any to be found -in "Haslam's Letters to the Clergy." I have here a list of passages from -the Bible, of a highly objectionable character; but as I perceive a -number of ladies in the court, I will not pollute their ears, nor shock -the feelings of the Jury, by reading them. My only object in alluding to -them, is to show that if the principle of selecting two or three -objectionable passages from a work is to lead to its condemnation, and -the punishment of the bookseller, then I might with equal justice be -condemned for selling the Bible itself. On this ground, also, I claim -and am entitled to your verdict. - -Gentlemen, the Attorney-General has not done justice to Mr. Haslam; he -has dwelt upon the passages contained in the indictment, but has left -the Jury in total ignorance of the general nature of the work. In many -parts of the book are to be found passages of great beauty. So far from -a charge of blasphemy fairly attaching to Mr. Haslam's Letters, he -uniformly declares that he rejects the Jewish Scriptures because they -are _irrational_, and _dishonour_ the God "that governs the universe." I -will read a passage from his Second Letter, which shows the veneration -he entertains for the Deity. - -"But is it not monstrous, that that power which gives life and motion to -millions of worlds; which guides them in their eternal revolutions in -the boundless ocean of space, and which preserves them in everlasting -order and harmony; is it not monstrous that that power should be -represented in this ridiculous point of view? Vain, violent, and -boisterous, without the least indication of any thing rational, good, or -merciful in any of his proceedings. Such a God may be the God of the -Christians, but he is not the God who governs the universe. That God is -no more to be compared to the Bible God, than the dazzling sun is to be -compared to the glimmering light of a candle." - -Mr. Haslam's work has many other passages of the same description; and -the Attorney-General will see that the passage in the Eighth -Letter--almost the only objectionable passage in the work--was not -deliberately designed to give offence, when I tell him that the author, -in deference to the opinion of his friends, has cancelled the -objectionable passage, and re-written it. Now what would the learned -Attorney-General have more? The object of prosecution has been always -held to be preventive, or corrective, not vindictive. The object sought, -then, is already attained. Mr. Haslam has anticipated your wishes by -correcting the objectionable passage. - -Gentlemen, I have urged sufficient, I hope, to induce you to give me -your verdict; but before I conclude, I will read a passage from the -works of Dean Swift, which is worthy of your profound attention. -"Whoever," he says, "could restore, in any degree, brotherly love among -men, would be an instrument of more good to society than ever was or -will be done by all the statesmen in the world." - -Gentlemen, let us commence the glorious work to-day. I will tell you how -you can do more towards spreading brotherly love among men, than all the -statesmen in the world will be able to accomplish. Say to the -Government, by your verdict, the publication of opinions shall be free. -This will spread brotherly love among men; for what is it that prevents -brotherly love from dwelling among men? The odious principle of -coercion. I do not believe the Government wish to follow up these -prosecutions if they can avoid it. They have a precedent, then, in the -case of Sir Robert Peel. Mr. Carlile was in prison nearly _seven years_, -and many of his shopmen were imprisoned for various terras. Did such -vindictive persecutions change their opinions, or stop the sale of the -works prosecuted? Quite the contrary. The individuals became confirmed -and strengthened in their opinions, and all the prosecuted works are now -on sale in every bookseller's shop in London. The public began to -consider them martyrs, and Sir Robert Peel and the Government of that -day saw the injustice and cruelty of such proceedings, abandoned all -prosecutions, and liberated those whose terms of imprisonment were -unexpired. Surely those now in authority are not the men to recommence -these prosecutions for matters of opinion; and my quarrel with them is, -that they have not the moral courage to reply to the taunts of the -Bishop of Exeter, by alluding to this case of Sir Robert Peel's -Government; and boldly declaring that henceforth public opinion shall be -the only censor. Abolish that hateful principle of coercion for matters -of opinion, and mutual toleration, respect, and brotherly kindness, will -henceforth prevail. - -Gentlemen, Christianity gives no sanction to persecution. The religion -of Jesus, rightly understood, is a practical and benevolent system. It -is founded on two great commandments, love of God and love of Man. The -_first_ commandment, in fact, resolves itself into a practical -observance of the _second_; for it is expressly declared that, "_If a -man say, I love God, and hateth his brother, he is a liar: for he that -loveth not his brother whom he hath seen, how can he love God whom he -hath not seen_?"(1) Recollect, Gentlemen, "_Love worketh no ill to his -neighbour_."(2) Jesus encourages all men to think for themselves. This -is his exhortation--"_Why, even of your own selves, judge ye not what is -right?*(3)" But while he has encouraged the exercise of mind, he has not -made eternal happiness to depend upon *belief_ but upon their _actions_; -and the great evil of society is attempting to coerce people into the -belief of that which they cannot believe--a system to which, I hope, -your verdict to-day will put a stop. - - 1. 1 John iv.; 20, - 2. Rom. xiii.; 10, - 3. Luke xii.; 57 - -Gentlemen, the Founder of Christianity, in his parable of the Last -Judgment, tells us distinctly that men are to be judged by their -_actions_ and not by their _opinions_; for he describes himself as -inviting the righteous to inherit the kingdom prepared for them from the -foundation of the world: "For I was an hungered, and ye gave me meat: I -was thirsty, and ye gave me drink: I was a stranger, and ye took me in: -naked, and ye clothed me: I was sick, and ye visited me: I was in -prison, and ye came unto me." He then represents the righteous as -saying, "Lord, when saw we thee an hungered, and fed thee I or thirsty, -and gave thee drink? When saw we thee a stranger, and took thee in? or -naked, and clothed thee? Or when saw we thee sick, or in prison, and -came unto thee? And the King shall answer, Inasmuch AS YE HAVE DONE IT -UNTO ONE OF THE LEAST OF THESE MY BRETHREN, ye have done it unto me." He -then represents himself as denouncing the unrighteous for giving him no -meat, nor drink; for not clothing him when naked, nor visiting him when -sick; and when they desire to know when he required these things, and -they did not minister unto him, he replies, "Inasmuch as ye did it not -to one of the least of these my brethren, ye did it not to me." Here, -you perceive, there is no particular belief enjoined, none condemned. -All men are to be judged by their actions--not by their belief. - -Gentlemen, I have now urged all that I deem necessary to ensure an -acquittal. I hope you will consider well the consequences of your -verdict, and reflect upon the wickedness and impolicy of tearing a man -from his family, for selling a book in the ordinary course of his -business. If I have said anything in the course of my address to raise a -prejudice in your minds, I hope you will discard it, and do justice by -pronouncing an acquittal. - -The Attorney-General claimed his right of reply. He commenced by -observing that the Defendant, in his very long address to the Jury, had -not advanced anything that would call for many remarks from him, so that -he should occupy bu ta very small portion of their time. The Defendant -had contended that the blasphemous attack on our holy religion, which -they had heard read, was only free inquiry; and had taunted the -Government, and himself, who desired the extension of useful knowledge, -with having prosecuted this book. But was this book of Haslam's useful -knowledge? The Defendant said, Why not answer it? But he, the -Attorney-General, contended that it could not be answered. The only way -to do with it was to prosecute it. This publication--for the sale of -which the Defendant was indicted--was not fair argument and inquiry, but -blasphemous invective. The Defendant accused him of not objecting so -much to the matter of the publication, as to the price at which it was -sold. Not withstanding what the Defendant had said on this point, he, -the Attorney-General, contended that the low price at which it was sold -made the publication doubly mischievous, as it caused it to circulate -among the working classes of society, who were from their habits, -incapable of thought or discrimination; their time was so entirely -occupied that it was impossible they could devote sufficient time to -reading to guard themselves against the evil tendency of such works; -while the Jury, and men in their class of life, were, from their -education, furnished with an antidote to the poison. If attacks on the -Scriptures were to be permitted, what was to prevent the pious feelings -of the community from being outraged? Suppose a man were to carry a -board through the streets on which was inscribed in large characters, -that "Christ was an impostor." Could it be tolerated? Yet this, -according to the Defendant, was only free inquiry! Again, suppose any -one preferred a republican to a monarchical form of government, and was -to excite and recommend the substitution of the one for the other by -force of arms, inciting, by inflammatory appeals, the people to murder -the Government and the Queen--yet this would be, according to Mr. -Hetherington, only free inquiry! The Defendant had said that Mr. Haslam -was a Socialist; now the Socialists held an opinion that marriage was an -institution that ought to be abolished. If a man, under that plea, were -to recommend the seduction of his neighbour's wife or daughter--would -any one contend that such opinions should be published with impunity? -yet the Defendant considers this the free investigation of opinions; and -to prosecute a blasphemous publication, he says, is to prevent freedom -of opinion. No one wished to interfere with Mr. Hetherington's private -opinion. The policeman, when he went to Mr. Hetherington's shop to -purchase the numbers, did not inquire as to his particular belief. If -there were persons so unfortunate as to disbelieve the Scriptures--which -were the foundation of our holy religion--the law did not interfere with -them so long as they kept their opinions to themselves, and did not -publicly attack the authenticity of the Bible. Mr. Hetherington had -spoken of the effect of prosecution in extending the sale of such -publications, alluding particularly to the _Poor Man's Guardian_; but -he, the Attorney-General, called upon the Jury to do their duty by -bringing? to punishment those who outraged the law, that others might be -deterred from offending. If the Jury looked at the immoral tendency of -such writings, and the doctrines of non-responsibility laid down by Mr. -Hetherington, who declared that he was neither responsible for his -belief, nor his actions-- - -Mr. Hetherington here interrupted, declaring that the Attorney-General -was acting most unfairly towards him. He never used such language, but -quite the contrary; what he maintained was, that he was not responsible -for his _belief_ but that he _was responsible for his_ actions. If he -injured a friend, a neighbour, or a fellow-citizen, he was amenable to -society for the injury done. The Attorney-General, he contended, was not -replying to him, but perverting his arguments and misrepresenting facts. - -Lord Denman said that he agreed with the Defendant in the first -instance, and therefore he thought he was justified in putting the -Attorney-General right; but the Attorney-General, he thought, was -entitled to make any remarks upon facts which came out in evidence. - -Mr. Hetherington (with great vehemence).--But he is mis-stating facts, -and making statements calculated to mislead the Jury. - -Lord Denman.--You must not interrupt. - -The Defendant.--But my liberty is at stake, and I will speak. (Applause -at the back of the court, which was instantly suppressed by the -officers.) - -Lord Denman.--You shall be heard in correction of anything you may think -a misrepresentation, afterwards; not in reply, but merely in correction. - -The Defendant.--Thank you, my Lord. - -The Attorney-General observed, that the Defendant denied being the -publisher, but he would convince the Jury that he was, by reading the -title to them. He then read the title of the book--omitting the -publisher's name, and reading the name of the Defendant only, till Mr. -Hetherington insisted upon his rending the whole title as -follows:--"Letters to the Clergy of all Denominations, showing the -Errors, Absurdities, and Irrationalities of their Doctrines. By C. J. -Haslani. Fourth Edition. Manchester: A. Heywood. 56 and 60, Oldham -Street. London*; Hetherington, 126, Strand; Cleave, Shoe Lane, Fleet -Street; Watson, City Road, Finsbury; and J. Guest, Birmingham; and all -Booksellers in Town and Country." - -The Attorney-General then proceeded.--Conceive, gentlemen, a servant or -an apprentice reading this work where the institution of private -property was said to be the great evil of society--would he feel any -compunction at appropriating the goods or money of his employer to his -own use? Would he not find arguments in this work to justify him in his -iniquity? Mr. Hetherington had taken credit to himself for disinterested -motives, but he feared that he was actuated by mercenary -motives--looking only to emolument--careless of the effect it might have -on the morals of the unthinking working-classes.(1) He called upon the -Jury, by the oaths they had taken on the Holy Gospel--which this book -blasphemously attacked--to consider the effect of a verdict of -acquittal, and to do their duty to the public. By such a verdict they -would license the most infamous attacks on the Holy Scriptures, and -would loosen the bonds which held society together. - - 1. This comes well from a gentleman who descended from his high - professional position to attend at the Old Bailry, for a fee of - L. 100, to plead for a man charged with murder. - -Mr. Hetherington explained that it was the custom of the trade to place -the name of any bookseller, with whom the real publisher did business, -on the title-page of the book, and that his name had been so placed by -Mr. Hey-wood, of Manchester, the real publisher, without his knowledge. -Mr. Heywood was the original publisher; he received no punishment, and -was now at liberty. - -Lord Denman, in summing up, observed, that the law considered the vendor -of a work the publisher of it, and that consequently he must be held -responsible. It had also been constantly laid down that blasphemy was an -offence at common law. In the Defendant's defence, TO WHICH HE HAD -LISTENED WITH FEELINGS OF GREAT INTEREST, AYE, WITH SENTIMENTS OF -RESPECT TOO, he had complained of the hardship of a general publisher -being held responsible for the contents of all the works he might sell, -but he had himself answered that argument by the conduct which he stated -he pursued with regard to obscene and personally libellous publication, -and from the title-page of this work it was scarcely possible not to be, -in some measure, aware of its contents. Discussions on a subject, even -the most sacred, might be tolerated when they were conducted in a fair -spirit; but when appeals were made not to reason but to the bad feelings -of human nature, or where ridicule or invective were had recourse to, it -could not be considered discussion. As to the impolicy of these sort of -prosecutions that was a question with which they had nothing to do; the -only question for them to determine was, whether the publication in -question was a blasphemous libel, and whether it had been published by -the Defendant. - -The Jury immediately returned a verdict of Guilty. - -The Attorney-General prayed the immediate judgment of the Court. - -Lord Denman.--I think the passing sentence had better be deferred, until -we have had the opportunity of considering the subject. - -The Defendant then retired, and the Court adjourned. - - - - -OBSERVATIONS - - -The renewal of a series of Government prosecutions for alleged -blasphemy, will justify me in accompanying the publication of the -foregoing trial with a few words of comment. - -The points upon which I deem it my duty to animadvert--are the conduct -of the Government, the Attorney-General, and the Jury. - -I consider that the Government have acted towards me, in this -prosecution, in a very unjustifiable manner. They first placed Mr. -Cleave on his trial for selling the fifth, eighth, and thirteenth -numbers of Haslam's Letters. He pleaded _Not Guilty_, but was convicted -(after an able and convincing speech from his-Counsel, Mr. Chambers), by -as stupid a Jury as ever sat in judgment on an honest man. The Judge -sentenced him to four months' imprisonment, and a fine of L20. Such was -the force of public opinion, however, on the injustice and impolicy of -such prosecutions, that Mr. Cleave was liberated, upon paying the fine, -after five weeks' imprisonment. - -The trial of Mr. Heywood, the original publisher, came next. His known -integrity and respectability had attached to him many influential -friends, who represented to the Government the folly and injustice of -these proceedings, and Lord Normanby at length yielded to their -importunities, by agreeing, on condition that he pleaded guilty, that -Mr. Heywood's prosecution should proceed no further. Mr. Heywood -complied, and was left at liberty, on entering into his own -recognizances, to appear when called upon. - -Public opinion unequivocally declared that such prosecutions were -indefensible, and it was very generally believed that the Government -would abandon them from a conviction of their injustice and impolicy. -Instead of which they proceeded against me for selling the same numbers -of the identical work that Messrs. Cleave and Heywood had been -prosecuted for selling, though the punishment of Mr. Cleave was -remitted, and the Government compounded blasphemy in the case of Mr. -Heywood. To injure and annoy honest and industrious tradesmen, because -the author of a book has in two or three instances expressed his ideas -in vulgar and objectionable phraseology, is unworthy of an enlightened -Government. I feel pity for the Jury who could ignorantly pronounce a -verdict of guilty against a man who never wilfully injured a -fellow-creature, merely because he had sold a book that combated the -established opinions of the day; but I entertain very different -sentiments against the Government that could institute and carry forward -prosecutions of this nature, when, from their superior knowledge, they -must be fully aware of the iniquity of their proceedings. They encourage -"reason and free inquiry," while it favours their objects; and they -persecute and ruin all those, who, by the exercise of reason and free -inquiry, arrive at conclusions adverse to the established opinions of -society. The time has passed, however, for a renewal of persecution for -matters of opinion. No Government can stand that will attempt it; and I -tell Her Majesty's Government, that when they interfere with the -religious or anti-religious opinions of the people, they step out of -their province,--and to inflict punishment upon either the original -publisher or the general bookseller, who supplies all works to order, -for the opinions contained in the works they respectively publish or -sell, is an odious act of tyranny that good men of every opinion should -denounce and oppose. I, for one, will never sanction or submit to such -tyranny. Whether any and what sentence will be passed upon me I know -not; but I have made up my mind that I will maintain, at all risks, and -under every privation, to the utmost extent of my ability and means, the -right of all men to freely publish their opinions upon every subject of -general interest--whether social, political, or religious; aye, or -anti-religious,--and if the Government would receive a suggestion from -me, I would suggest to them to take their stand on this glorious -principle--perfect freedom is the formation AS PUBLICATION OF OPINIONS -FOR EVERY SECT AND PARTY. That is the most effectual way to elicit truth -upon all subjects; and I would respectfully ask them, whether they ever -knew the truth injure any sect or party that was disposed to act -honestly? - -I hope the Government will reflect upon the injustice and impolicy of -this new crusade against the free expression of opinion, adopt my -suggestion, and abandon all prosecutions against those who honestly -controvert the received opinions of society. - -Having now expressed my feelings with regard to the conduct of the -Government, I must say a word or two respecting the behaviour of the -learned Attorney-General towards me, on my trial. He made very few -observations in opening the case, but reserved himself for his Reply; a -privilege which I think he was not entitled to, as I called no -witnesses. Had I anticipated he would have claimed the privilege of -reply, and abused it in the shameful manner that he did, I could have -overthrown, by witnesses, the false impression which he so unjustly -laboured to establish on the minds of the Jury--that I was the publisher -of the work, because my name was affixed to the book first of the London -agents. What is the object of a reply? It is to answer the facts and -arguments adduced by the Defendant; to show that he has reasoned -illogically; and to point out to the Jury, succinctly and clearly* the -points in which he has failed to answer the charge laid against him in -the indictment. In addition, however, to this base attempt to hold me up -to the Jury as the original publisher, the Attorney-General obviously -sought to make the Jury believe--(and there is every reason to think -that he triumphed in this his unjust attempt to injure me)--that I -claimed immunity not only for my belief but my actions, When I insisted -upon setting him right, by showing him the utter falsehood of his -assertion, in which I was supported by Lord Chief Justice Denman, he -treacherously aimed at fixing upon me the consequences of doctrines to -which I had not even adverted in my speech, and which had no reference -whatever to the subject then before the Court. He basely insinuated that -I was virtually claiming immunity for all acts of aggression--such as -robbery, murder, seduction, unjustifiable rebellion, and assassination -of the Queen; striving to raise in the minds of the Jury a confusion -between the right of freedom of opinion and the wrong of licentious -action! This, too, was slanderously repeated, after my open appeal to -the Court against such malignity; and this the learned Attorney-General -calls availing himself of his privilege of reply! I was not allowed to -answer these falsehoods of the Attorney-General; though, as the accused -party, I was in justice, if not in law, entitled to every opportunity of -making the truth apparent to the Jury. - -As to the Jury--What shall I say of them? I can only pity men who -exhibited such woful ignorance and imbecility as to be led away by -misrepresentations that had not even the appearance of truth. Let me ask -the Jury one simple question. They were bound by their oath to give a -true verdict according to the evidence. Now let me ask them, was there -any evidence of BLASPHEMY? - -The evidence adduced merely proved the sale of a certain book. There was -no evidence that the contents of the book were blasphemous. This -question--(that is to say, the very question in dispute--the question -whether or not there was any blasphemy)--this question was decided by -Judge and Jury without an iota of evidence, without even an attempt at -any evidence bearing Upon it. The opinions of the Judge and Jury decided -the question of the indictment---Was there blasphemy or no! There was no -evidence at all upon it. Gentlemen of the Jury--common and special--was -your verdict in accordance with the EVIDENCE brought forward for your -enlightened consideration--was your verdict in accordance with the terms -of your oath? The verdict to which I was entitled from honest and -reasoning men was the following:--either a direct "Not Guilty of -blasphemy"--or this, "Guilty of selling a certain book concerning the -nature of which wc=e have had no evidence"--matters of opinion not -being, in fact susceptible of evidence. - - H. HETHERINGTON. - -I cannot close these Observations without tendering my best thanks to -the editor of _The Sun_ for the zeal and ability with which, in a -succession of leading articles, he defended the right of Free Inquiry -and the Free Publication of Opinions. The _Morning Chronicle_ published -an impartial report of the Trial, and gave a good leading article on the -subject. The _Morning Advertiser_ and the _Weekly Chronicle_ also -published a fair report of the Trial. The _Weekly Dispatch_ and The -_Statesman_ are both entitled to thanks for their advocacy of Truth and -Liberty, in reference to the principle contended for in my Defence. The -three Letters of Publicola, in The _Weekly Dispatch_, are invaluable; -and I regret that I cannot find room for the whole of them in this -pamphlet, without considerably enhancing its price and defeating my own -object of extensive circulation for my Trial. They are worthy of a -distinct publication. I can only fill up the space I have left by the -insertion of the following excellent article from _The Sun_ of Friday, -December the 11th, 1840, and Publicola's Letter to Lord Chief Justice -Denman.--H. H. - - - - -Extract from The Sun Newspaper - - -We brought evidence yesterday to show that the suppression of objections -to the Scriptures by penal enactments is tyrannical, unjust, and absurd, -and that the law is partially administered. If we return to the subject, -it is from a deep sense of its almost immeasurable importance. Our whole -internal A policy, nearly, is framed with a view to support the Church. -The Church is founded, or rather pretends to be founded, on the Bible; -but we are now told by the decision of the Jury on Tuesday, that it is a -crime to object to its statements. The happiness of society, then, is to -be chained and bound by principles and doctrines, which society must not -examine; for if men must not object, what is the use of examination? - -"We see disorder pervading every part of society. The poor are set -against the rich, and the rich are zealously engaged in oppressing and -coercing the poor. Crime increases, and though more churches are -building, religion is decaying. The remedies suggested for our -disorders, within the bounds sanctioned by the Church, are more numerous -than the disorders themselves; but though confusion and anarchy threaten -us, the law forbids men to say aught against principles which our rulers -have followed, while society has been brought into its present -condition. - -"What the law now decrees against what it calls blasphemy, it decreed, -not two centuries ago, against witchcraft. It now denounces the former -as displeasing to God; it then denounced the latter for the same -offence. Men and women were in those less humane days burned for -displeasing God, while now they are only fined and incarcerated. By the -progress of knowledge, lawyers, both barristers and judges, have been -compelled to give up that portion of the perfection of human reason, and -the law against witchcraft has become obsolete. If our view of the law -for suppressing objections to the Scriptures, under * the name of -blasphemy, be correct, it is not more reasonable than the law against -witchcraft. While no lawyer, however, will now lend himself to revive -the latter or carry it into execution, there are numbers, we say it to -the disgrace of the profession, zealous and eager to apply the former, -at least to the penny tracts which are addressed to the poor. - -"It is therefore with deep regret that we saw so eminent a man as the -Attorney-General lending himself to this sorry work. We are ready to -admit, as a Tory contemporary has stated, that he has done his duty, and -he finds his reward in the praise of the Tories. Nor did he show, as far -as we can learn, certainly not in his reply, any reluctance to perform -it; people say he did it as if he had something to atone for, and was -rather eager to gain the approbation of Bishop Philpotts. His labours -were crowned with a success which his own party reprobate. In -Westminster Hall he has triumphed, but an appeal lies from that to the -world; and even the Whigs, who have heretofore denounced prosecutions -for blasphemy as for witchcraft, consider that in the last resort he -will sustain a terrible defeat. - -"Mr. Hetherington has already suffered in body and mind, in purse and -health; and probably awaits with apprehension the sentence, which may -consign him to prison and ruin. He is down-stricken by the law; but -those who have read his defence, and prefer reason to legal fictions, -will place him far above the triumphant Attorney-General. He made an -admirable pleading for free inquiry, which plain John Campbell -instituted a prosecution to suppress. In his reply Sir John so far -overstepped the bounds of propriety, that the Defendant would not allow -him to proceed, and was supported by the Court. In a bad cause the -Attorney-General used poisoned weapons. He upheld a prosecution for -blasphemy, which is as ridiculous as a prosecution for witchcraft, and -descended to misrepresent the accused. With our opinion of the law he -was enforcing, we are bound to say that Sir John Campbell should have -left such a duty to be performed by some taker of a half-guinea fee, who -never got beyond the precincts of the Old Bailey. It was wholly unworthy -of an eminent lawyer, who has risen into political power as a professed -friend of free discussion. The slaves to lust have some pleasure for -their punishment, but the servants of the grimgribber of Westminster -Hall, who sacrifice present fame to a sense of duty to it, reap little -more than disgrace for their nauseous drudgery. - -"Sir John Campbell prosecuted Mr. Hetherington, in the language of the -indictment, for being 'a wicked, impious, and ill-disposed person, -having no regard to the laws of this realm, but most wickedly, -blasphemously, impiously, and profanely devising and intending to -asperse and vilify that part of the Holy Bible which is called the Old -Testament.' Now, having no respect whatever for the fictions of the law, -we have no hesitation in branding such accusations of a publisher as a -monstrous tissue of falsehoods, and to affirm that it is a disgrace to -any man who has the least respect for truth, to defend such a charge. We -care not about its being the customary language of the law, for truth -and men's liberties are not to be sacrificed by and for such -absurdities. - -"Further, this said aspersing and vilifying the Bible is said by Sir J. -Campbell, at least such is the language of the indictment, which he used -arguments to sustain, to be greatly 'to the displeasure of Almighty -God.' Who knows that? What worm dares to say that the Almighty God is -displeased with another worm for uttering or writing a few words.' Who -is the vain and arrogant man that claims for himself the task of -interpreting the thoughts of the Most High, and demanding that a man be -punished for having displeased Almighty God? What name does the Court -deserve which, being instituted to do justice and protect the people, -punishes one of them because he displeases the Almighty? Can He not -punish those who displease Him? To doubt it, to undertake to protect or -avenge Him, to describe Him as displeased, while he showers prosperity -and contentment on the man said to displease Him, is far more impious, -more blasphemous, more dangerous to religion than anything Mr. -Hetherington ever published, or Mr. Haslam wrote. Such, however, was the -crime charged against Mr. Hetherington, which Sir John Campbell -endeavoured to substantiate, and of which a Jury, who are as much -deserving of reproach as the prosecutor, found him guilty. Such is the -crime for which the Court will hereafter pass sentence, undertaking, -like the Inquisition, to decide for the Almighty, and punish actions as -displeasing to Him, at which He, by the course of nature, shows no -displeasure. - -"At the present time, when a great portion of the Whig press will -support the Attorney-General or be silent, leaving _The Sun_ to defend -the great principle of free inquiry and free printing, as they left it -to defend the same sacred and noble cause when it was assailed in the -person of Mr. Harmer, we think it our duty not to be silent. As we -should assail any Tory Attorney-General who had instituted such a -prosecution, or carried it on, so we cannot allow it to pass -unstigmatized because it has been instituted by a Whig Attorney-General. -We know that the wisest and best politicians of the party deprecate such -proceedings, and not the less because they will call forth in many -independent journals, to the injury of the Whigs, an expression of -honest indignation." - - - - -"TO LORD DENMAN, ON THE LATE PROSECUTION FOR BLASPHEMY - - -Mr Lord Chief Justice. - -"Your conduct on the Bench, upon the recent trial, 'The Queen v. -Hetherington,' for a religious libel, a nominal and an impossible -offence, the fiction of fraudulent bigotry, has much increased the high -esteem in which you have been always held by the public. Your Lordship's -opinions on this impolitic, irreligious, and thoroughly infamous species -of prosecution have oft-times been expressed with the integrity and high -moral courage that have ever distinguished your public life. I never -shall forget the manliness with which I heard you avow from the Whig -Treasury Benches, in the House of Commons, in your place as Attorney -General, your detestation of indictments for religious opinions; and the -House hailed you when you fairly acknowledged your deep regret that, as -Common Serjeant, you had been obliged, in obedience to your oath and to -the law, to impose even the smallest punishment possible upon three men -convicted by an ignorant Jury of a libel on the Scriptures; and you were -still more cheerfully received when you expressed your joy at the -liberation of the prisoners whom you had so unwillingly punished. There -was one part of your speech that did not certainly satisfy me. I respect -your sense of obligation to an oath; but when you punished men whom you -conscientiously believed to be undeserving of infliction, and this 'in -obedience to the law,' your Lordship might have reflected, that it was -not Parliamentary, but Judge-made law--'Common-law,' as it is called; -and you might have acted upon the principle that if a corrupt and -ignorant Judge made a law to suit the prejudices of a brutal age, a pure -and well-informed Judge might reverse that law in favour of an age more -humane and more enlightened. I recollect with great satisfaction that -when, in the case of Lord Langford, the Counsel, Mr. Thesiger, asked a -witness (Mr. Nathan, a Jew) 'what religion he was of?' your Lordship -expressed your strong displeasure; and, under your Lordship's sanction, -the witness refused to answer the interrogatory, and treated both the -query and the querist with the utmost contempt; and the whole Court and -audience seemed strongly to approve of the result. In the recent trial -your Lordship's conduct was a contrast to that of your immediate -predecessors on the Bench, Lords Tenterden and Ellenborough, the last -representatives of a most disgraceful school of political, prejudiced, -corrupt Court Judges. You did all in your power to induce the Jury to -acquit the accused. I am now credibly informed that the Attorney-General -had the same object at heart; and having, intentionally, gone in a most -slovenly and unimpressive manner, through his technical duty, he was -abashed and mortified when he heard the verdict of guilty. Familiar as -he must be with the extreme ignorance, stupidity, and corruption of -Juries, on such occasions, he was still surprised at such a verdict. I -am willing to give him credit for these common reports in his favour; -but should the Government be so infatuated as to bring the defendant up -for judgment, the country expects of you, my Lord Denman, that the -sentence will be nominal, and that it will be accompanied by your -reprobation of all such trials. - -"If it be true that hope is the last passion that leaves a man, equally -true is it that the spirit, the accursed spirit of religious -persecution, is the last passion that man deserts, or is willing to -abandon. I sincerely believe that if the alternative were put to a -hundred dying men, at their last, moment of consciousness, at their last -gasp of breath, whether they preferred their own future salvation or -beatitude, or the persecution of man upon earth for conscientious -differences of opinion on religious subjects, full ninety-nine out of -the hundred would choose the latter, on the ground of its being the -turnpike-road to the former, and from the inherent delight in the spirit -of religious intolerance. Fanaticism is the primeval curse of our -nature. From its first victim Abel, to the present hour, it has raged -through the human race. Moral sins and physical or corporeal diseases in -the course of ages wear themselves out, or can be cured by instruction -or medical treatment; but the most foul, leprous, and crime-engendering -of all maladies that flesh is heir to, fanaticism--call it if you -please, bigotry or superstition--admits of no cure, and of little -mitigation. If this hellhound were now let loose from the restraints of -law, we should in one year have every gaol and dungeon full of -prisoners, and in another, the fires and faggots of the olden times -would be raging more fiercely than of yore, and more furiously in this -country than in any other. Whatever Catholics might have been in the -middle ages, there has been more of religious persecution in Great -Britain and Ireland, in the last century, than in all the Catholic -countries of Europe within the same period. On the Continent the spirit -is on the wane; in England it is on the increase. - -"My Lord Denman, in the very abstraction of our individual nature, and -of the nature of society, a court of justice cannot take cognizance of -opinions. Its functions are confined exclusively to facts. Can any two -classes of things be more distinct and opposite? The one is fixed, the -other perpetually varying. Law, cultivated reason and common sense have -rescued subjects of opinion from judicial interference, except with -respect to politics and religion, the two which of all others most need -the exemption. The interference of courts of justice with religious -opinions had immensely decreased, and it is now reviving; but it is in -your Lordship's power to annihilate it by passings nominal sentence on -the defendant. The effects or results of a fact are ascertainable; those -of an opinion are but speculative and uncertain. There is not in -existence, there never has existed, and probably never can exist, a -religious opinion that has not been deemed blasphemous, and of a -destructive tendency to morals and social peace, by its opponents, who, -if they had been strong enough, have relied upon the arguments of -torture and death, or punishments as severe as society would permit. - -"My Lord, legism, or jurisprudence, are sufficiently understood to -render it indisputable that punishments cannot be vindicatory or -retrospective, and less than either, vindictive. All religious -prosecutions seek only for revenge. The object of a legal punishment -relates solely to the prevention of the offence. If a sentence against -Mr. Hetherington cannot effect this object, it cannot be justified. Will -a sentence alter his opinions? will it alter conscientiously that of any -class or single member of society? and, above all, will it stop or check -the dissemination of his doctrines? The two first points are nugatory; -the last is defeated in its pretended object. All history and experience -prove that persecution, let its form or degree be what it may, increases -that which it is meant to destroy. Whether the tyrant be called Pope or -Inquisition, Attorney-General or Court of Queen's Bench, the principle -and the result are the same. - -"Every religion, church, and sect, that exists or is defunct, in Europe -and in Asia, from the earliest record, has had at its origin, and -through its infancy, to encounter obloquy and persecution. The Jewish -religion received animation and vigour from the contempt and cruelties -of surrounding polytheists, and the Jews sought in one God a protection -from the horrors which had been inflicted on them by the worshippers of -many; and well did this atrocious people revenue themselves 011 their -former persecutors, and this by assuming their own claim to the right of -punishing men for differing in opinions. The progress of Christianity -was accelerated by the Jews, in their attempts to crush it by inflicting -an ignominious and most cruel death on an innocent individual, under -that absurd fiction of blasphemy, in the foul name of which your -Lordship is now called upon to punish, against your will, another -innocent individual. If blasphemy has any meaning, its definition must -be--'a resistance to a predominant priestcraft.' Every religion, at its -commencement, is but a confluent mass of blasphemies to the -previously-established religions; and persecution is the reverse of -annihilation, Where would Protestantism have been but for its -persecution by the Catholics, and _vice versa_? From the dawn of -Protestantism in England, under Wycliffe, and the burning of the first -Protestants by the priests, in the reign of the Hero of Agincourt (what -a hero!) down to the death of Mary, English Protestants were tortured, -burnt, hanged, and punished, and yet the religion spread. Throughout -Germany the same effects proceeded from the same cause. Our English -persecutions of the Catholics in Ireland have been long, incessant, and -too dreadfully cruel to reflect upon, and yet Catholicism has increased -under them. We have not one respectable sect in England that has not -arisen in despite of persecution, and increased by means of it, and -these, with hundreds or thousands of other instances (for history -abounds with them), prove that persecution or punishment does not, and -cannot, effect the object in view; and that, consequently, punishment -cannot be justified by its only legitimate principle of -justification--utility. It is madness to punish for an offence which -must be increased by the very nature of the punishment. Formerly, in -punishments for blasphemy, men, women, and children were burnt and put -to every variety of torture, for the good of their souls--now, we -substitute for the word soul, the phrase--'_the security of society_,' -or other jargon equally nonsensical. The Court of Inquisition was, and -is, wherever it exists, more honourable than the Protestant Court of -Queen's Bench, for the Inquisitors tortured and destroyed for the sake -of the soul, but our Courts punish only for the profit of the priest. -The old plea, the impudent and barbarous plea, of 'Benefit of Clergy,' -is annulled by law, and yet an indictment for blasphemy is nothing more -or less than a process for the 'Benefit of Clergy.' Thus, my Lord, have -I humbly attempted to prove that your punishment of this individual will -be in strong and violent opposition to the principles, opinion, and -feelings which you have avowed on the Ministerial Benches of the House -of Commons; and if the Whig Administration is so infatuatedly base as to -call the defendant up for punishment your Lordship will be in the -unenviable position of passing a sentence, as Lord Chief Justice of -England, against the nature, principles, and objects of which you have -expressed little less than abhorrence in the character of Her Majesty's -Attorney-General in the House of Commons. At that period, my Lord, you -were the freely and most honourably chosen representative of one of the -largest and most enlightened constituencies of Great Britain--the town -of Nottingham--and your constituents expressed no dissatisfaction at -your speech. Is there not a sympathy between Nottingham and other large, -and populous, aud enlightened towns and cities, and between them all and -the general population of the empire? I have likewise, my Lord, shown, -to the best of my very humble abilities, as a legist, that any -punishment inflicted on this individual, violates the only principle on -which all punishments can be justified--the prevention of the -offence--if it be one. - -"What, in other respects, will be the effects of this brutal -prosecution? Burn Mr. Hetherington alive,--slowly roast him, torture him -by every device, hang him, quarter him, and stick his head on -Temple-bar, and his quarters on the gates of four of our principal -cathedral towns, as in all such cases used to be the practice of our -most pious Christian ancestors in 'the good old times'--or let your -Lordship pass the most lenient sentence on him, and what will be the -result? Will any thing be proved, disproved, strengthened, or -invalidated, by either mode of punishment? If divines or laymen argue -upon the Scriptures _in toto_ or in parts, _en masse_ or in detail, -could any of the disputants establish his point by arguing that Mr. -Hetherington or Mr. Snookes, for the names are indifferent, was or was -not in gaol, or that the sentence was six days' or six months' -incarceration--how would the case stand syllogistically? A asserts that -the Bible ought to be burnt--A is not prosecuted--ergo, the Bible ought -to be burnt. B asserts that the Bible ought to be burnt--B is -prosecuted--B is acquitted by the Jury--ergo, the Bible ought to be -burnt. C asserts that the Bible ought to be burnt--C is prosecuted--C is -found guilty--ergo, the Bible ought not to be burnt. Again, D, E, F, and -G, are prosecuted for saying that the Bible ought to be burnt. They are -all found guilty under different Judges, and their sentences vary from -three, six, twelve, and eighteen months' imprisonment. Here the public -mind is in utter confusion between the cases of A, B, and C, and between -the ratios of punishment inflicted on D, E, F, and G, I have gone to the -extent of the musical gamut. Ratios might be calculated by -arithmeticians aud algebraists. Thus--'As burning the Bible is to the -acquittal of B,--so is not burning the Bible to the sentence on D, E, F, -or G." Really, my Lord, as a man of the most cultivated intellect, you -must see the monstrous absurdity, the atrocious cruelty, of subjecting -opinions on Scriptures to 'Trial by Jury.' If opinions on a book are to -be brought before a Jury, so might its author. I speak in no disrespect -of Scriptures, but I speak in utter disgust and abhorrence of bringing -them before Juries. What, in fact, does a verdict of 'Guilty' or 'Not -Guilty' amount to, in case of an opinion on the Scriptures? The ignorant -Jury men unwittingly set themselves above the Scriptures, and tyrannise -over the Deity himself. The impiety lies all in the Jury, and not in the -accused. The trial my Lord, proceeds entirely on the conceded point that -the Scriptures are the word of God; a word is an empty, unintelligible, -worthless sound, except by the interpretation put upon it; and if the -Jury will be the interpreters, they are the authors of the word, and -usurp the powers of the Deity. God may say 'this is my word and -commandment,' and a Jury replies, 'the substance utility, -intelligibility of a word depend entirely upon the meaning attached to -it, and we Jurymen will put and make all other men put what construction -we please, upon it, under pains and penalties, so that the word is not -yours, but ours.' A Defendant may argue, 'my construction is a matter -between my conscience and my God.' The verdict replies, 'God has nothing -to do with it; your construction is entirely a case between your -conscience and us Jurymen, stock-brokers, bill-brokers, pawnbrokers, -gambling-house-keepers, and, peradventure, keepers of houses of a still -worse description.' My Lord Denman, the manly character of your mind -will make you fearlessly grapple with this important subject, and will -induce your Lordship to feel that I have as fearlessly and as honestly -stated the merits of the case. Pause, my Lord, before you ruin, and -almost torture a man, for whose defence you have expressed respect from -the Judgment-seat, and this by a sentence for the nature and principles -of which you have publicly and officially declared an abhorrence. - -"Our laws, Lord Denman, lay down a principle that every man is presumed -to be acquainted with the business, profession, or study to which he -belongs, or to which he has devoted himself. The converse--a most -rational converse, is that he is unacquainted with what he does not -belong to, or has not studied; or, in plain terms, that he is -unacquainted with that of which he knows nothing. Sir Isaac Newton would -have been a most ignorant Juryman upon a case resting upon the details -of business in the butter trade of Cork; and a Mr. Jones, in that trade, -would be an equally ignorant Juryman on a case involving the complex -observations and abstract calculations of Sir Isaac's Observatory. -Shakspeare, as a Juryman, would have been puzzled to determine a -disputed point of commerce; and a tradesman would be as equally -perplexed in deciding a point upon the machinery of Arkwright, or the -steam-engine of Watts. In the present case, a man named Haslam, (but the -name is immaterial, for I apply myself to abstractions and not to -individuals,) has devoted himself to the study of a subject. He is -evidently a man of strong mind, of great knowledge, and of the most -honest intentions. On many points I differ with him, but individual or -public difference is not the case at issue. His very able work is -submitted, not to the public mind, but to 'Trial by Jury;' and its -merits or demerits are determined upon by merchants, brokers, tradesmen. - -"Our laws, Lord Denman, lay down a principle that every man is presumed -to be acquainted with the business, profession, or study to which he -belongs, or to which he has devoted himself. The converse-a most -rational converse, is that he is unacquainted with what he does not -belong to, or has not studied; or, in plain terms, that he is -unacquainted with that of which he knows nothing. Sir Isaac Newton would -have been a most ignorant Juryman upon a ease resting upon the details -of business in the butter trade of Cork; and a Mr. Jones, in that trade, -would be an equally ignorant Juryman on a case involving the complex -observations and abstract calculations of Sir Isaac's Observatory. -Shakspeare, as a Juryman, would have been puzzled to determine a -disputed point of commerce; and a tradesman would be as equally -perplexed in deciding a point upon the machinery of Arkwright, or the -steam-engine of Watts. In the present case, a man named Haslam, (but the -name is immaterial, for I apply myself to abstractions and not to -individuals,) has devoted himself to the study of a subject. He is -evidently a man of strong mind, of great knowledge, and of the most -honest intentions. On many points I differ with him, but individual or -public difference is not the case at issue. His very able work is -submitted, not to the public mind, but to 'Trial by Jury;' and its -merits or demerits are determined upon by merchants, brokers, tradesmen -and jobbing peculating Jurymen called 'Tales.' as totally ignorant of -Mr! Haslam's studies and works, as he most probably is of their -different lines of traffic. Is this a test of the merits of the case? Is -this any barometer of the truth of the Gospel, of public feeling, or of -the intelligence of our population? - -"My Lord Denman, the Attorney-General, tried, in the usual slang of his -profession, or rather of his office, to attach moral imperfection and -social dangers to speculative points of theology-to points of creed. We -have now on our Bench, including Ireland and Scotland, Catholic Judges, -Judges belonging to the Church of England, to the creeds of the -Baptists, Anabaptists, Unitarians, and to the no-creeds of the Deists, -and yet what barrister, attorney, or client, ever complained of a Judge -on account of his creed or his construction of the Scriptures? In -Ireland we have Catholic Judges, in Scotland Presbyterian, and in -England Judges of the Clutch, and of every dissenting sect, and yet, -when in 'Term time,' a new Trial is moved for, on account of a -misdirection of a Judge, who ever heard of the misdirection lying -attached to the Judge's creed? The Solicitor-General of Ireland is a -Catholic, the Attorney-General of England is a Presbyterian (if he has -any religion at all), and the Solicitor-General of England is of the -Church (the refuge of all sceptics), and what does this amount to with -respect to the discharge of their duties? Lord Chancellors Shaftesbury -and Thurlow, and very many others, were avowed Deists, and yet in moving -the House of Lords to set, their judgment aside, their creeds or -opinions were never put upon the briefs. - -"Let me suppose, my Lord, that our most pious Monarch, George the Third, -had indicted David Hume, the most perfect, of unofficial characters; or -Adam Smith, a great benefactor of his species; or Edward Gibbon, the -most illustrious of historians, for their Atheism or Deism; and let me -state the fact, that the pious Monarch bestowed upon them all very good, -and, in one instance, very confidential employments, what difference -does this make? in either case the men, their public functions, and -their doctrines, would have been equally at issue with public opinion at -the present day. The merchant, in reading Adam Smith; the philosopher, -in studying the superior works of Hume; and the scholar, in tracing -Gibbon's magnificent outline and correct details of Roman history, never -condescend to inquire whether the authors were patronised by a pious or -an impious monarch, or whether they were indicted by a Presbyterian, -Episcopalian, or Atheistical Attorney-General--the slave of an order -from the Secretary of State's office. This species of scrutiny expired -years ago, and why should it be revived? - -"My Lord Chief Justice Denman, the eyes of the country, and of foreign -countries, are upon you. The issue of your sentence is the same, except -to the individual; for, liberate him, you respond but to the voice of -all enlightened men throughout Europe; incarcerate him, and by passing -an inhuman sentence upon an innocent man, you enforce a judgment that -you have promulgated in Parliament to be abhorrent in principles and -feelings, and this will produce a powerful redaction. - -"PUBLICOLA." - - ---- - -*** END OF THIS PROJECT GUTENBERG EBOOK THE TRIAL OF HENRY HETHERINGTON -*** - - - - -A Word from Project Gutenberg - - -We will update this book if we find any errors. - -This book can be found under: http://www.gutenberg.org/ebooks/39055 - -Creating the works from public domain print editions means that no one -owns a United States copyright in these works, so the Foundation (and -you!) can copy and distribute it in the United States without permission -and without paying copyright royalties. Special rules, set forth in the -General Terms of Use part of this license, apply to copying and -distributing Project Gutenberg(tm) electronic works to protect the -Project Gutenberg(tm) concept and trademark. Project Gutenberg is a -registered trademark, and may not be used if you charge for the eBooks, -unless you receive specific permission. If you do not charge anything -for copies of this eBook, complying with the rules is very easy. You may -use this eBook for nearly any purpose such as creation of derivative -works, reports, performances and research. They may be modified and -printed and given away - you may do practically _anything_ with public -domain eBooks. Redistribution is subject to the trademark license, -especially commercial redistribution. - - - -The Full Project Gutenberg License - - -_Please read this before you distribute or use this work._ - -To protect the Project Gutenberg(tm) mission of promoting the free -distribution of electronic works, by using or distributing this work (or -any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full Project -Gutenberg(tm) License available with this file or online at -http://www.gutenberg.org/license. - - -Section 1. General Terms of Use & Redistributing Project Gutenberg(tm) -electronic works - - -*1.A.* By reading or using any part of this Project Gutenberg(tm) -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all the -terms of this agreement, you must cease using and return or destroy all -copies of Project Gutenberg(tm) electronic works in your possession. If -you paid a fee for obtaining a copy of or access to a Project -Gutenberg(tm) electronic work and you do not agree to be bound by the -terms of this agreement, you may obtain a refund from the person or -entity to whom you paid the fee as set forth in paragraph 1.E.8. - -*1.B.* "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few things -that you can do with most Project Gutenberg(tm) electronic works even -without complying with the full terms of this agreement. See paragraph -1.C below. There are a lot of things you can do with Project -Gutenberg(tm) electronic works if you follow the terms of this agreement -and help preserve free future access to Project Gutenberg(tm) electronic -works. See paragraph 1.E below. - -*1.C.* The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection of -Project Gutenberg(tm) electronic works. Nearly all the individual works -in the collection are in the public domain in the United States. If an -individual work is in the public domain in the United States and you are -located in the United States, we do not claim a right to prevent you -from copying, distributing, performing, displaying or creating -derivative works based on the work as long as all references to Project -Gutenberg are removed. Of course, we hope that you will support the -Project Gutenberg(tm) mission of promoting free access to electronic -works by freely sharing Project Gutenberg(tm) works in compliance with -the terms of this agreement for keeping the Project Gutenberg(tm) name -associated with the work. You can easily comply with the terms of this -agreement by keeping this work in the same format with its attached full -Project Gutenberg(tm) License when you share it without charge with -others. - -*1.D.* The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are in -a constant state of change. If you are outside the United States, check -the laws of your country in addition to the terms of this agreement -before downloading, copying, displaying, performing, distributing or -creating derivative works based on this work or any other Project -Gutenberg(tm) work. The Foundation makes no representations concerning -the copyright status of any work in any country outside the United -States. - -*1.E.* Unless you have removed all references to Project Gutenberg: - -*1.E.1.* The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg(tm) License must appear -prominently whenever any copy of a Project Gutenberg(tm) work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - This eBook is for the use of anyone anywhere at no cost and with - almost no restrictions whatsoever. You may copy it, give it away - or re-use it under the terms of the Project Gutenberg License - included with this eBook or online at http://www.gutenberg.org - -*1.E.2.* If an individual Project Gutenberg(tm) electronic work is -derived from the public domain (does not contain a notice indicating -that it is posted with permission of the copyright holder), the work can -be copied and distributed to anyone in the United States without paying -any fees or charges. If you are redistributing or providing access to a -work with the phrase "Project Gutenberg" associated with or appearing on -the work, you must comply either with the requirements of paragraphs -1.E.1 through 1.E.7 or obtain permission for the use of the work and the -Project Gutenberg(tm) trademark as set forth in paragraphs 1.E.8 or -1.E.9. - -*1.E.3.* If an individual Project Gutenberg(tm) electronic work is -posted with the permission of the copyright holder, your use and -distribution must comply with both paragraphs 1.E.1 through 1.E.7 and -any additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg(tm) License for all works posted -with the permission of the copyright holder found at the beginning of -this work. - -*1.E.4.* Do not unlink or detach or remove the full Project -Gutenberg(tm) License terms from this work, or any files containing a -part of this work or any other work associated with Project -Gutenberg(tm). - -*1.E.5.* Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg(tm) License. - -*1.E.6.* You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including any -word processing or hypertext form. However, if you provide access to or -distribute copies of a Project Gutenberg(tm) work in a format other than -"Plain Vanilla ASCII" or other format used in the official version -posted on the official Project Gutenberg(tm) web site -(http://www.gutenberg.org), you must, at no additional cost, fee or -expense to the user, provide a copy, a means of exporting a copy, or a -means of obtaining a copy upon request, of the work in its original -"Plain Vanilla ASCII" or other form. Any alternate format must include -the full Project Gutenberg(tm) License as specified in paragraph 1.E.1. - -*1.E.7.* Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg(tm) works -unless you comply with paragraph 1.E.8 or 1.E.9. - -*1.E.8.* You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg(tm) electronic works -provided that - - - You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg(tm) works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg(tm) trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - - - You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg(tm) - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg(tm) - works. - - - You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - - - You comply with all other terms of this agreement for free - distribution of Project Gutenberg(tm) works. - - -*1.E.9.* If you wish to charge a fee or distribute a Project -Gutenberg(tm) electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and Michael -Hart, the owner of the Project Gutenberg(tm) trademark. Contact the -Foundation as set forth in Section 3. below. - -*1.F.* - -*1.F.1.* Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -public domain works in creating the Project Gutenberg(tm) collection. -Despite these efforts, Project Gutenberg(tm) electronic works, and the -medium on which they may be stored, may contain "Defects," such as, but -not limited to, incomplete, inaccurate or corrupt data, transcription -errors, a copyright or other intellectual property infringement, a -defective or damaged disk or other medium, a computer virus, or computer -codes that damage or cannot be read by your equipment. - -*1.F.2.* LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg(tm) trademark, and any other party distributing a Project -Gutenberg(tm) electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal fees. -YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, -BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN -PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND -ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR -ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES -EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. - -*1.F.3.* LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium with -your written explanation. The person or entity that provided you with -the defective work may elect to provide a replacement copy in lieu of a -refund. If you received the work electronically, the person or entity -providing it to you may choose to give you a second opportunity to -receive the work electronically in lieu of a refund. If the second copy -is also defective, you may demand a refund in writing without further -opportunities to fix the problem. - -*1.F.4.* Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS,' WITH NO OTHER -WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO -WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. - -*1.F.5.* Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of damages. -If any disclaimer or limitation set forth in this agreement violates the -law of the state applicable to this agreement, the agreement shall be -interpreted to make the maximum disclaimer or limitation permitted by -the applicable state law. The invalidity or unenforceability of any -provision of this agreement shall not void the remaining provisions. - -*1.F.6.* INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg(tm) electronic works in accordance -with this agreement, and any volunteers associated with the production, -promotion and distribution of Project Gutenberg(tm) electronic works, -harmless from all liability, costs and expenses, including legal fees, -that arise directly or indirectly from any of the following which you do -or cause to occur: (a) distribution of this or any Project Gutenberg(tm) -work, (b) alteration, modification, or additions or deletions to any -Project Gutenberg(tm) work, and (c) any Defect you cause. - - -Section 2. Information about the Mission of Project Gutenberg(tm) - - -Project Gutenberg(tm) is synonymous with the free distribution of -electronic works in formats readable by the widest variety of computers -including obsolete, old, middle-aged and new computers. It exists -because of the efforts of hundreds of volunteers and donations from -people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need, is critical to reaching Project Gutenberg(tm)'s -goals and ensuring that the Project Gutenberg(tm) collection will remain -freely available for generations to come. In 2001, the Project Gutenberg -Literary Archive Foundation was created to provide a secure and -permanent future for Project Gutenberg(tm) and future generations. To -learn more about the Project Gutenberg Literary Archive Foundation and -how your efforts and donations can help, see Sections 3 and 4 and the -Foundation web page at http://www.pglaf.org . - - -Section 3. Information about the Project Gutenberg Literary Archive -Foundation - - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the state -of Mississippi and granted tax exempt status by the Internal Revenue -Service. The Foundation's EIN or federal tax identification number is -64-6221541. Its 501(c)(3) letter is posted at -http://www.gutenberg.org/fundraising/pglaf . Contributions to the -Project Gutenberg Literary Archive Foundation are tax deductible to the -full extent permitted by U.S. federal laws and your state's laws. - -The Foundation's principal office is located at 4557 Melan Dr. -S. Fairbanks, AK, 99712., but its volunteers and employees are scattered -throughout numerous locations. Its business office is located at 809 -North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email -business@pglaf.org. Email contact links and up to date contact -information can be found at the Foundation's web site and official page -at http://www.pglaf.org - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - - -Section 4. Information about Donations to the Project Gutenberg Literary -Archive Foundation - - -Project Gutenberg(tm) depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations where -we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular state -visit http://www.gutenberg.org/fundraising/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make any -statements concerning tax treatment of donations received from outside -the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other ways -including checks, online payments and credit card donations. To donate, -please visit: http://www.gutenberg.org/fundraising/donate - - -Section 5. General Information About Project Gutenberg(tm) electronic -works. - - -Professor Michael S. Hart is the originator of the Project Gutenberg(tm) -concept of a library of electronic works that could be freely shared -with anyone. For thirty years, he produced and distributed Project -Gutenberg(tm) eBooks with only a loose network of volunteer support. - -Project Gutenberg(tm) eBooks are often created from several printed -editions, all of which are confirmed as Public Domain in the U.S. unless -a copyright notice is included. Thus, we do not necessarily keep eBooks -in compliance with any particular paper edition. - -Each eBook is in a subdirectory of the same number as the eBook's eBook -number, often in several formats including plain vanilla ASCII, -compressed (zipped), HTML and others. - -Corrected _editions_ of our eBooks replace the old file and take over -the old filename and etext number. The replaced older file is renamed. -_Versions_ based on separate sources are treated as new eBooks receiving -new filenames and etext numbers. - -Most people start at our Web site which has the main PG search facility: - - http://www.gutenberg.org - -This Web site includes information about Project Gutenberg(tm), -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. diff --git a/39055.zip b/39055.zip Binary files differdeleted file mode 100644 index b9b4524..0000000 --- a/39055.zip +++ /dev/null |
