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prove those that are laid; if it goes to prove him the author of the book, I am bound to admit it.

Mr. Attorney General. The letter is thus: "Paris, 11th of November, First "Year of the Republic.

"Sir, as there can be no personal resentment between two strangers, I write this letter to you, as to a man against whom I have no animosity.

"You have, as attorney-general, commmenced a prosecution against me as the author of the Rights of Man. Had not my duty in consequence of my being elected a member of the National Convention of France, called me from England, I should have staid to have contested the injustice of that prosecution; not upon my own account, for I cared not about the prosecution, but to defend the principles I had advanced in the work.

otherwise than in vinculis, for I will outlaw him.

"But I have other reasons than those I have mentioned for writing you this letter; and however you may choose to interpret them, they proceed from a good heart. The time, Sir, is becoming too serious to play with Court prosecutions, and sport with national rights. The terrible examples that have taken place here upon men who, less than a year ago, thought themselves as secure as any prosecuting judge, jury, or attorney-general, can now do in England, ought to have some weight with men in your situation."

Now, Gentlemen, I do not think that Mr. Paine judges very well of mankind--I do not think that it is a fair conclusion of Mr. Paine, that men such as you and myself, who are quietly living in obedience to the laws of the land which they inhabit, exercising their soveral functions peaceably, and I hope with a moderate share of reputation: I do not con

"The duty I am now engaged in is of too much importance to permit me to trouble my-ceive that men called upon to think, and in the self about your prosecution; when I have habit of reflection, are the most likely men to leisure, I shall have no objection to meet you be immediately thrown off the hinges by meon that ground: but, as I now stand, whether naces and threats; and I doubt whether men you go on with the prosecution, or whether exercising public functions, as you and I do you do not, or whether you obtain a verdict, in the face of our country, could have the or not, is a matter of the most perfect indif- courage to run away. All I can tell Mr. ference to me as an individual. If you obtain Paine is this--if any of his assassins are here one (which you are welcome to if you can get in London, and there is some ground to supit), it cannot affect me, either in person, pro- pose they may be, or the assassins of those perty, or reputation, otherwise than to in-with whom he is connected; if they are here, crease the latter; and with respect to your-I tell them, that I do in my conscience think, self, it is as consistent that you obtain a ver- that for a man to die of doing his duty, is just dict against the man in the moon, as against as good a thing as dying of a raging fever, or me; neither do I see how you can continue under the tortures of the stone. Let him not the prosecution against me as you would think, that not to be an incendiary is to be a have done against one of your own people, coward. who had absented himself because he was prosecuted what passed at Dover, proves that my departure from England was no se

cret.

"My necessary absence from your country affords the opportunity of knowing whether the prosecution was intended against Thomas Paine, or against the rights of the people of England to investigate systems and principles of government; for as I cannot now be the object of the prosecution the going on with the prosecution will show that something else was the object, and that something else can be no other than the people of England; for it is against their rights, and not against me, that a verdict or sentence can operate, if it can operate at all. Be then so candid as to tell the jury (if you choose to continue the process) whom it is you are prosecuting, and on whom it is that the verdict is to fall."

He says "That the government of England is as great, if not the greatest perfection of fraud and corruption, that ever took place since governments began, is what you cannot be a stranger to; unless the constant habit of seeing it has blinded your sense." Upon my word, gentlemen, I am stone blind. I am not sorry for it." But though you may not choose to see it, the people are seeing it very fast, and the progress is beyond what you may choose to believe. Is it possible that you or I can believe, or that reason can make any other man believe, that the capacity of such a man as Mr. Guelph, or any of his profligate sons, is necessary to the government of a nation?"

Now, gentlemen, with respect to this pas sage, I have this to say, it is contemptuous, scandalous, false, cruel.-Why, gentlemen, is Mr. Paine, in addition to the political doctrines that he is teaching us in this country; Gentlemen, I certainly will comply with is he to teach us the morality and religion of this request. I am prosecuting both him and implacability? Is he to teach human creahis work and if I succeed in this prosecu-tures, whose moments of existence depend tion, he shall never return to this country

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upon the permission of a Being, merciful, long-suffering, and of great goodness, that those youthful errors from which even royalty is not exempted, are to be treasured up in a

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vindictive memory, and are to receive sentence of irremissible sin at his hands? Are they all to be confounded in these slanderous terms, shocking for British ears to hear, and I am sure distressing to their hearts? He is a barbarian, who could use such profligate expressions uncalled for by any thing which could be the object of his letter addressed to me. If giving me pain was his object, he has that hellish gratification. Would this man destroy that great auxiliary of all human laws and constitutions" to judge of others as we would be judged ourselves?"-This is the bill of wrongs and insults of the Christian religion. I presume it is considered as that bill of wrongs and insults, in the heart of that man who can have the barbarity to use those expressions, and address them to me in a way by which I could not but receive them.

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Gentlemen, there is not perhaps in the world a more beneficial analogy, nor a finer rule to judge by in public matters, than by assimilating them to what passes in domestic life. A family is a small kingdom, a kingdom is a large family. Suppose this to have happened in private life, judge of the good heart of this man, who thrusts into my hands, the grateful servant of a kind and beneficent master, and that too through the unavoidable trick of the common post, slander upon that master, and slander upon his whole offspring. -Lay your hands upon your hearts, and tell me what is your verdict with respect to his heart. I see it!

Gentlemen, he has the audacity to say, "I speak to you as one man ought to speak to another." Does he speak to me of those august personages as one man ought to speak to another? Had he spoken those words to me personally, I will not answer for it, whether I should not have forgot the duties of my office, and the dignity of my station, by being hurried into a violation of that peace, the breach of which I am compelled to punish in others. He says, " And I know also, that I speak, what other people are beginning to think. That you cannot obtain a verdict (and if you do, it will signify nothing) without packing a jury, and we both know that such tricks are practised, is what I have very good reason to believe."-Mentiris impudentissime. Gentlemen, I know of no such practice; I know, indeed, that no such practice exists, nor can exist; I know the very contrary of this to be true; and I know too that this letter, containing this dangerous falsehood, was destined for future publication; that I have no doubt of, and therefore I dwell thus long upon it.

but I have often found a greater number that twelve approving it; and this I think is a fair way of collecting the natural currency of opinion. Do not then, Sir, be the instrument of drawing twelve men into a situation that may be injurious to them afterwards.”—Inju rious to them afterwards!-those words speak for themselves. He proceeds thus:

"I do not speak this from policy," (what then?) "but from"-(Gentlemen, I will give you a hundred guesses)" Benevolence! But if you choose to go on with the process, I make it my request that you would read this letter in court, after which the judge and the jury may do as they please. As I do not consider myself the object of the prosecution, neither can I be affected by the issue one way or the other. I shall, though a foreigner in your country, subscribe as much money as any other man towards supporting the right of the nation against the prosecution; and it is for this purpose only that I shall do it-THOMAS PAINE."

So it is a subscription defence, you hear. "P. S. I intended, had I staid in England, to have published the information, with my remarks upon it"-that would have been a decent thing-"before the trial came on; but as I am otherwise engaged, I reserve myself till the trial is over, when I shall reply fully to every thing you shall advance." I hope in God he will not omit any one single word that I have uttered to-day, or shall utter in my future address to you This conceited menace I despise, as I do those of a nature more cut-throat.

Gentlemen, I do not think that I need to trouble you any further for the present: ac cording as you shall be of opinion, that the necessarily mischievous tendency and intent of this book is that which I have taken the liberty (at more length than I am warranted perhaps) to state to you; according as you shall or shall not be of that opinion, so necessarily will be your verdict. I have done my duty in bringing before a jury an offender of this magnitude. Be the event what it may, I have done my duty; I am satisfied with having placed this great and flourishing community under the powerful shield of your protection.

Thomas

EVIDENCE FOR THE CROWN.
Haynes sworn.-Examined by Mr.
Bearcroft.

Where did you get that book?-At Mr.
Jordan's, in Fleet-street

When?-In the month of February, 1792. [It was put into Court.]

"I have gone into coffee-houses, and places where I was unknown, on purpose to learn Thomas Chapman sworn.-Examined by Mr.

the currency of opinion." Whether the sense of this nation is to be had in some pot-houses and coffee-houses in this town of his own choosing, is a matter I leave to your judgment." And I never yet saw any company

elve men that condemned the book;

Solicitor General,

What business are you?-A printer.
Do you know the defendant, Thomas
Paine ?-I do.

Upon what occasion did you become aç

quainted with him ?-On the recommendation | circumstance occurred in the course of the of Mr. Thomas Christie.

day, which enabled me to do it with satisfacFor what purpose was he introduced to tion to myself. I will relate the circumyou, or you to him?-I was introduced to stance, if you will give me leave. Mr. Paine, by Mr. Christie, to print some Was Mr. Paine present when that circumbook that he had.

stance happened ?-He was: and as it may, When was that?–I cannot directly say; in the eyes of the court, exculpate me from a it was in the year 1791.

charge ihat Mr. Paine has thought proper to What book was that?—The First Part of bring against me, I shall esteem it a favour the Rights of Man.

of the court if they will suffer me to mention Are you a publisher as well as a printer? every circumstance of that kind.—That very -I am not; merely a printer.

day at six o'clock Mr. Paine called upon me. Did you print the First Part of the Rights Do you recollect the day?-I have a copy of Man ?-İ did.

of that letter, which is dated the 17th of Who was the selling bookseller of that January, so that he must have called upon book ?- Mr. Jordan, of Fleet-street.

me on the 16th. Mr. Paine called upon me, Had you any intercourse with Mr. Jordan and, as was rather unusual, at least to my and Mr. Paine concerning that book?-I had. knowledge, he was rather intoxicated by li- v

What was that intercourse relative to ?- quor. He had, I believe, that day, dined To the manner of publishing the book. with Mr. Johnson, in St. Paul's Church-yard.

Did Jordan in fact publish that book? - Being intoxicated, he introduced a subject we He did.

have unfortunately differed on several times; Had you any intercourse with Mr. Paine the subject of religion, a favourite subject relative to the printing this book which I with him when intoxicated. I am sorry to have in my hand ?–[The witness looked at mention these circumstances; but it will it.}-The first edition of this book I had; I justify me in the eyes of the public, as part don't think I printed this edition of it. I of the appendix has done me material injury printed the first edition of it.

in my profession. The subject of debate ran Is that the First or Second part ?-The very high; he opposed every thing with Second Part. I printed a part of the Second great virulence, till at length he came to Part.

personal abuse, very much so, both to myself Mr. Erskine. Can you swear to that very and Mrs. Chapman. An observation was book ?-I cannot.

made by Mrs. Chapman, late in the evening, Mr. Sol. Gen. You say you printed part of I believe near ten o'clock, at which Mr. Paine the Second Part of the Rights of Man?-Yes. was particularly offended; rising up in a

What part did you print?- I printed as far great passion, he said he had not been so as page 112, signature H.

personally affronted in the whole course of By signature H, you mean the letter H his life before. that is at the bottom of the page?-Yes.

Mr. Erskine. The information charges no Upon whose employment did you print so offence like this. much of the Second Part?-Mr. Paine's. Court. This is no offence, it appears only

Did you print the rest of the work from at present to be impertinent. letter † to the conclusion of it?-I have the Mr. Erskine. I admit the publication, but copy in my possession as far as 146, I think : I cannot admit that letter. the manuscript copy:

Mr. Sol. Gen. Go on. Did you print as far as 146, or stop at 112, Chapman. Mr. Paine accordingly rose in a signature H?-I stopped at 112; but my great passion, declaring that, as I was a dispeople had composed to page 146, which was senter, he had a very bad opinion of dissenters not printed by me.

in general; he believed them all to be a pack Had you any conversation with Mr. Paine of hypocrites, and therefore he must deal relative to the printing the remainder of the very cautiously with them, and begged, therework, and if you had, what was that conver- fore, that in the morning, before I proceeded sation ?-_When I had finished page 112, or any further in his work, we should have a sheet H, the proof-sheet I, came into my settlement I felt a degree of pleasure in it, as hand; upon examining sheet I, there was a it enabled me, with courage, next morning, tu part, which, in my weak judgment, appeared deliver up his copy, which I had before de of a dangerous tendency; I therefore imme- termined. I sent a letter Dext morning, indiately concluded in my mind not to proceed closing the whole of his copy. He callea any farther in the work; accordingly I wrote upon me, and made many apologies for what a short note to Mr. Paine; this was about he had said: he said that it was the effect of two o'clock in the afternoon, determining to liquor, and hoped that I would pass it over, send a letter, with the remainder of the copy. and proceed with the work; but being deI felt a degree of reluctance from the circum- termined on the matter, I would not upon stance of Mr. Paine's civilities that I had any account. experienced as a gentleman and an employer; And did you state to him the reason why and I was fearful I should not have courage you would not go on with the wok?-I vide in the morning to deliver up the copy; but a The letter will show the reason, VOL. XXII.

2 D

:

a

You have to'd us that Mr. Paine was your

employer, so far as you did print Did you ever make any offers to any body to buy the copy of the Second Part of the Rights of Man?--I did.

To whom?-To Mr. Paine.

When you made these offers, did he accept them or refuse them, or how did he treat the offers-I made him three separate offers in the different stages of the work; the first, I believe, was a hundred guineas, the second five hundred, and the last was a thousand.

To these offers, what did Mr. Paine answer? To the best of my recollection, he answered, that as it was his intention to publish a small edition of his work, he wished to reserve it in his own hands.

Have you seen this Mr. Paine write?-I have.

Do you think you know his hand-writing? -I think I do.

Look at that letter, (dated Feb. 16, 1792,) is that his hand-writing ?--I think it is.

Look at that (dated Feb. 16, 1794,) enclosed in the above.-I think that is his hand-writing.

Look particularly at this short note, (dated April 21, 1792,) is that his hand-writing?-1

believe it is.

Here is an order directed to yourself, (dated Feb. 7, 1792,) look at that, is that his handwriting? It is.

Look at that letter, (dated June 29, 1792,) is that Mr. Paine's hand-writing? I believe it is.

Look at that letter, (the letter to the Attorney-general, dated Paris, the 11th of Nov.) is that Mr. Paine's hand-writing ?-I cannot speak with any certainty.

Do you believe that to be his hand-writing? -I am inclined to think it is.

Thomas Chapman, cross-examined by Mr.

Erskine.

In the first place, how often have you seen Mr. Paine write?--I presume a dozen times.

Did you ever bok at him when he was writing, so as particularly to observe how he formed his characters?-Decency would not suffer me to look particularly.

I take for granted, that you did not at that time suppose you should be called upon to prove his hand-writing, and did not of course take any notice of it. Did you, upon your oath, look at it with a view of saying, I will see how this man writes in order that I may know his writing again?--I did not.

Did you ever see any other writing than that you have described?—No.

Then you are only inclined to believe that last letter is his hand-writing?-Yes.

Mr. Sol. Gen. Do you believe that that last letter is his hand-writing?-I think it is.

Mr. Erskine. Do you mean to say, that you bave a firmer belief of it now than you had a ement ago?-16.

nt has produced this change, in your By the manner of his signature.

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of the National Convention of France, called me from England, I should have staid to have contested the injustice of that prosecution; not upon my own account, for I cared not about the prosecution, but to have defended the principles I had advanced in the work.

I can believe, or that reason can make any other man believe, that the capacity of such a man as Mr. Guelph, or any of his profligate sons, is necessary to the government of a nation. I speak to you as one man ought to speak to another: and I know also, that I speak what other people are beginning to think.

"The duty I am now engaged in is of too much importance to permit me to trouble "That you cannot obtain a verdict, (and if myself about your prosecution: when I have you do it will signify nothing) without packing leisure, I shall have no objection to meet you a jury, and we both know that such tricks on that ground; but as I now stand, whether are practised is what I have very good reason you go on with the prosecution, or whether to believe. I have gone into coffee-houses, you do not, or whether you obtain a verdict, and places where I was unknown, on purpose or not, is a matter of the most perfect indif- to learn the currency of opinion, and I never ference to me as an individual. If you obtain yet saw any company of twelve men that one (which you are welcome to, if you can condemned the book; but I have often found get it) it cannot affect me either in person, a greater number than twelve approving it, property, or reputation, otherwise than to and this I think is a fair way of collecting the increase the latter; and with respect to your-natural currency of opinion. Do not then, self, it is as consistent that you obtain a verdict against the man in the moon as against me: neither do I see how you can continue the prosecution against me as you would have done against one of your own people who had absented himself because he was prosecuted: what passed at Dover proves that my departure from England was no

secret.

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My necessary absence from your country now, in consequence of my duty here, afford's the opportunity of knowing whether the prosecution was intended against Thomas Paine, or against the rights of the people of England to investigate systems and principles of government; for as I cannot now be the object of the prosecution, the going on with the prosecution will show that something else was the object, and that something else can be no other than the people of England, for it is against their rights, and not against me, that a verdict or sentence can operate, if it can operate at all. Be then so candid as to tell the jury (if you choose to continue the process) whom it is you are prosecuting, and

Sir, be the instrument of drawing twelve men into a situation that may be injurious to them afterwards. I do not speak this from policy, but from benevolence; but if you choose to go on with the process, I make it my request to you that you will read this letter in court, after which the judge and the jury may do as they please. As I do not consider myself the object of the prosecution, neither can I be affected by the issue, one way or the other, I shall, though a foreigner in your country, subscribe as much money as any other man towards supporting the right of the nation against the prosecution; and it is for this purpose alone that I shall do it.

on whom it is that the verdict is to fall.

"But I have other reasons than those I have mentioned for writing you this letter: and, however you may choose to interpret them, they proceed from a good heart. The time, Sir, is becoming too serious to play with court prosecutions, and sport with national rights. The terrible examples that have taken place here, upon men who less than a year ago thought themselves as secure as any prosecuting judge, jury, or attorney-general, can now do in England, ought to have some weight with men in your situation. That the government of England is as great, if not the greatest, perfection of fraud and corruption that ever took place since governments began, is what you cannot be a stranger to, unless the constant habit of seeing it has blinded your senses; but though you may not choose to see it, the people are seeing it very fast, and the progress is beyond what you may choose to believe. Is it possible that you, or

"THOMAS PAINE."

"To Arch. Macdonald, Attorney-general.” "As I have not time to copy letters, you will excuse the corrections.

"P. S. I intended, had I staid in England, to have published the information, with my remarks upon it, before the trial came on; myself till the trial is over, when I shall reply but, as I am otherwise engaged, I reserve fully to every thing you shall advance.

"T. P."

Andrew Milne sworn.
Examined by Mr. Bearcroft.

I believe you lived with Mr. Jordan?--
Yes.

When?-About this time twelvemonth. Did you at any time see Mr. Paine at Mr. Jordan's?—Yes.

What was the business he came upon?It was respecting money principally.

Did you ever go to the printers of that book while it was in hand?-The Second Part I did.

Did you go by the directions of any-body, and by whose directions?-By Mr. Paine's directions.

Had you occasion to see him more than once?—Yes.

Did you at any time get an order from him

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