not my intention to trouble you with decla- | places, viz. at Birmingham and at Manchester; mation, and therefore I restrain myself on but were they conducted on any principles this topic. I am not desirous of provoking like the Rights of Man, or upon any other your feelings of humanity, when I have argu- than those of bigotry and persecution? Look ments of justice to lay before you. to the preface and let that speak for him. I will not read the passage; but it is in substance," that however it might be good to detect the errors of a bad law, and to expose its defects, still that it is proper and expedient to obey it, while it exists, for fear that resistance should weaken the force of good ones." Will it from this be contended, that Mr. Paine meant resistance and rebellion to law and good government? The whole scope of his book, is to give opinions, is speculation which may, or may not be adopted in prac tice, as shall be thought just and proper. Is there any title to any chapter in Mr. Locke's Essay, or in any other book on government, more abstract, more speculative than those of all these chapters of this book on the rights of man? Look to them. What are they? First, Of society and civilization.

Let us now particularly examine the principles of the book, and the passages selected from it by the indictment; what is its professed object as expressed in the title? it is a pretty general one, "Rights of Man, combining Principle with Practice." The rights of man indeed, we have been told by a certain apostate patriot, are very contemptible things. Philosophy, light, and the rights of man are all in his estimation, of the same value, that is, are all of them fit objects of our contempt; but you and I who have something to lose when those rights are taken from us, will be apt to look at them more seriously.

But it is said the principles laid down in this book, tend to dissolve all order in society, to destroy just obedience to the laws, and that this was the design of the author. Has the event been so? what riots, what confusion has taken place since it was published? There have indeed been riots + at two

Perhaps alluding to Edmund Burke.

Of these riots, which, and the proceedings consequent upon them, long engaged the general attention of the country, ample details were published at the time of their occurrence. The reader is referred more particularly to the undermentioned pamphlets:

"An authentic Account of the Riots in Birmingham on the 14th, 15th, 16th, and 17th days of July 1791; also the judge's charge, the pleadings of the counsel, and the substance of the evidence given on the trials of the rioters; and an impartial collection of letters, &c. written by the supporters of the establishment and the dissenters, in consequence of the tumults. The whole compiled in order to preserve to posterity the genuine particulars and connexions of an event which attracted the attention of Europe."

"An Appendix to the "Account, &c." containing interesting papers omitted in that work, or since published. With the damages claimed by, and allowed to the sufferers."

"The Report of the Trials of the Rioters at the Assizes held at Warwick, August 20, 1791, before the right hon. Mr. Baron Perryn, taken in short hand by Marsom and Ramsey, by order of the committee of protestant dissenters in Birmingham."

The disturbances at Birmingham produced also a long literary contest which was carried on with considerable asperity, between the partizans of Dr. Priestley and their antagonists. Numerous tracts issued from the press during the controversy, but as they have no longer that interest which they possessed at the time of their appearance, and will not be found to afford much either of instruction or amusement, I will not trouble the reader with a recital of them,

Second, Of the origin of the present old governments.

Third, of the new and old systems of governments.

Fourth, Of constitutions.

And Fifth, Ways and means of reforming the political condition of Europe.

Out of these the indictment has taken certain extracts from chapter the third, which is a general discussion on the comparative advantages of hereditary and representative government. When it is said, that the whole of this chapter consists of instigation to anarchy and confusion, it is but fair to state all such passages as are relevant to the subject in question, and not singly those of the indictment. As to the latter, I admit, that they contain satyric and invective, I care not what, on a certain form of government, which this man had in his head, and which he conceived to be mischievous,-I mean absolute monarchy, and indefeasible hereditary succession.

But, Gentlemen, Mr. Garrow has conceived, and taken it for granted in all his observations, that the author meant the English go. vernment, and that alone, which is begging the whole question in issue. Now the fair way to judge of a writer's meaning, is, by comparing the whole context, and seeing how the one part of his book conforms to the rest of it. If so, what is the definition given by Mr. Paine himself, both of a republic, and of a monarchy in this very chapter? It is as follows:

"What is called a Republic is not any particular form of government. It is wholly characteristical of the purport, matter, or object for which government ought to be instituted, and on which it ought to be employed, res publica, the public affairs, or the public good, or literally translated, the public thing."

Undoubtedly this man had not a learned

6

cumstance has proved, one of the most honest ( this criminal character, so that no man could advocates, that ever distinguished themselves doubt of the design of the author, inasmuch in this country :-We are indebted to the as they contained in themselves an overt act honourable Mr. Erskine (and I do not use of sedition, &c. still in this case, there is the epithet in its aristocratic sense), for the sufhcient evidence to resist that conclusion, act of parliament, which says, that doubts by proving that the defendant thought there having arisen as to the powers of juries, in was nothing illegal, nothing improper, nomatters of litel, it is enacted, “ That on every thing but what was innocent in this publisuch trial, the jury sworn to try the issue, cation. may give a general verdict of Guilty, or Not So that I shall defend this cause upon three Guilty upon the whole matter put in issue,” grounds; First, upon the universally ad&c.*

mitted right of general discussion, which Now, gentlemen, what is the matter put in would be invaded it this prosecution were folissue? Why it is that the defendant is the lowed up by a conviction. publisher of this book, that the book con- Secondly, Upon the ground of the intention tains“ scandalous, seditious, and malicious with which the defendant published. matters, of and concerning the hereditary And lastly, That not one of these passages succession to the crown and regal govern- applies to the English government or constiment of this kingdom," and that all this was tution, according to the innuendos of the indone by the defendant, “ unlawfully, wick- dictment. edly, inaliciously, and seditiously."

Now Gentlemen, consider the structure and The witness tias proved the defendant's context of this book, consider also, that there wife selling it to him on the seventeenth of are certain prejudices which have been most January last, so that the questions remaining artfully and come most criminally raised for you to try, are

against it, and against all ranks and descripFirst, Whether the passages selected con- tions of men who should dare to think, tain in them matter illegal, scandalous, and speak, or write upon the liberties of their so forth.

country, and the common interests of their Second, Whether the defendant published species. Remember by what means they them with a malicious intention, in order to have been extended through every town in produce an evil effect upon the country. England by those associations, or rather inqui

And third, whether they bear the innuendos sitions, which persons interested in the supor meanings aftixed to them by this indict port of public abuses have thought it good to ment.

establish. What has been the consequence Gentlemen; There is not one of these of this? why that numbers of unhappy indivipoints which I shall not dispute to day. I duals have suffereủ the most injurious proseshall contend that not one of these passages, cutions, that many have been ruined in their nor any part of the chapter from which they private property, that others have suffered are taken, is either scandalous or illegal. the severity of public punishinent, from their And I will say, that the whole of it is such fears of provoking it by a defence of them. as may be published, without any breach of selves before a jury of their country. And the law, without any malicious intention, or thus it is, that two unhappy printers have evil effect upon the public mind.

pleaded Guilty to the same indictment with I shall contend, that none of the passages ihe present, and are now groaning in the of the chapter, from whenee they are taken, dungeon before you, in consequence of that are illegal; nor is the chapter itself any thing submission. of the kind. If the passages were calculated And yet it has been said, that the deto introduce anarchy, if that were to be col- fendant Eaton, published this book in the face Jected from them, undoubtedly it would not of prosecutions and convictions on account of be for me to contend upon them alone, that it. Gentlemen, as an advocate, I am entitled the defendant was innocent. But I assert, to deny, and you as jurymen are bound to that there is not one which may not be de- disbelieve that there were any such convicfended; for I deny, that any one of them ap- tions. Are they in evidence before you? If plies to the king, the government, or the con- there were—Do you know that the passages stitution of this country. Examine them by then in question were the same as those now the only test by which you ought to judge, in question ? And supposing there had been viz. by the context of the whole, comparing such convictions, have there been no acquitother parts of the chapter with those com- tals upon the book? For instance, was there plained of, and I am persuaded, that it is im- no acquittal at Warwick elsewhere possible that this indictment should stand as throughout the kingdom? But taking all this a criminal charge after such examination. as stated by the learned gentleman, what

I contend, moreover, upon the law, as laid does it prove more than this, that there are down by the late earl of Mansfield, that sup. now so many miserable men in his majesty's posing the passages were in themselves of prisons, whose families are deprived of their

support, while themselves are consigned to See the case of Stockdale, ante p. 292, wretchedness and ruin? and the cases there cited,

But, Gentlemen, I beg your pardon. It is VOL. XXII,

3D

or

a

Not my intention to trouble you with decla- | places, viz.at Birmingham and at Manchester ; mation, and therefore I restrain myself on but were they conducted on any principles this topic. I am not desirous of provoking like the Rights of Man, or upon any other your feelings of humanity, when I have argu. than those of bigotry and persecution Look ments of justice to lay before you.

to the preface and let that speak for him. I Let us now particularly examine the prin- will not read the passage; but it is in subciples of the book, and the passages selected stance," that however it might be good to from it by the indictment; what is its pro- detect the errors of a bad law, and to expose its fessed object as expressed in the title? it is a defects, still that it is proper and expedient to pretty gencralone, “ Rights of Man, obey it, while it exists, for fear that resistance combining Principle with Practice." The should weaken the force of good ones.” Will rights of man indeed, we have been told by a it from this be contended, that Mr. Paine certain apostate patriot,* are very contemp- meant resistance and rebellion to law and tible things. Philosophy, light, and the rights good government? The whole scope of his of man are all in his estimation, of the same book, is to give opinions, is speculation value, that is, are all of them fit objects of our which may, or may not be adopted in prac. contempt; but you and I who have some tice, as shall be thought just and proper. Is thing to lose when those rights are taken there any title to any chapter in Mr. Locke's from us, will be apt to look at them more Essay, or in any other book on government, seriously.

more abstract, more speculative than those of But it is said the principles laid down in all these chapters of this book on the rights this book, tend to dissolve all order in society, of man? Look to them. What are they? to destroy just obedience to the laws, and First, Of society and civilization. that this was the design of the author. Has Second, Of the origin of the present old the event been so ? what riots, what contu-governments. sion has taken place since it was published? Third, Of the new and old systems of go. There have indeed been riots † at two vernments.

Fourth, Of constitutions. Perhaps alluding to Edmund Burke. And Fifth, Ways and means of reforming f Of these riots, which, and the proceed- the political condition of Europe. ings consequent upon them, lung engaged the Out of these the indictment has taken cergeneral attention of the country, ample de- tain extracts from chapter the third, which is tails were published at the time of their oc- a general discussion on the comparative adcurrence. The reader is referred more parti- vantages of hereditary and representative cularly to the undermentioned pamphlets : government. When it is said, that the whole

“ An authentic Account of the Riots in Bis- of this chapter consists of instigation to anarchy mingham on the 14th, 15th, 16th, and 17th and confusion, it is but fair to state all such days of July 1791; also the judge's charge, passages as are relevant to the subject in the pleadings of the counsel, and the sub- question, and not singly those of the indictstance of the evidence given on the trials of ment. As to the latter, I admit, that they the rioters; and an impartial collection of contain satyric and invective, I care pot letters, &c. written by the supporters of the what, on a certain form of government, which establishment and the dissenters, in conse- this man had in his head, and which he conquence of the tumults. The whole compiled ceived to be mischievous, -I mean absolute in order to preserve to posterity the genuine monarchy, and indefeasible hereditary succes particulars and connexions of an event which sion. attracted the attention of Europe."

But, Gentlemen, Mr. Garrow has conceived, " An Appendix to the “ Account, &c." and taken it for granted in all his observacontaining interesting papers omitted in that tions, that the author meant the English go. work, or since published. With the damages vernment, and that alone, which is begging claimed by, and allowed to the sufferers." the whole question in issue. Now the fair

“ The Report of the Trials of the Rioters at way to judge of a writer's meaning, is, by the Assizes held at Warwick, August 20, 1791, comparing the whole contest, and seeing how before the right hon. Mr. Baron Perryn, the one part of his book contorms to the rest taken in short hand by Marsom and Ramsey, of it. If so, what is the definition given by by order of the committee of protestant dis- Mr. Paine himself, both of a republic, and of senters in Birmingham.”

a monarchy in this very chapter? It is as The disturbances at Birmingham produced follows:-. also a long literary contest which was carried “What is called a Republic is not any paron with considerable asperity, between the ticular form of government. It is wholly partizans of Dr. Priestley and their antago- characteristical of the purport, matter, or ob. nists. Numerous tracts issued from the press ject for which government ought to be insti. during ihe controversy, but as they have no tuted, and on which it ought to be employed, longer that interest which they possessed at res publica, the public affairs, or the public the time of their appearance, and will not be good, or literally translated, the public found to afford much either of instruction or thing." amusement, I will not trouble the reader Undoubtedly this man had not a learned with a recital of thorn,

of mankind-whether the generality of mankind, reading this book, would apply this book, in the language in which it is written, to the king of this country, and the hereditary succession and government of this country; because it has been contended, that the sense applied by the indictment is not the good

sense.

The counsel, in taking that line of argument, has told you, that the force of this libel is taken away, by stating to you, and therefore I must take it the fact is so, that there was a book published on the same subject, which book has been considered as a libel; and his client, in order to avoid the mischief of that publication, has published this in the way it stands; and that, by that means, not only the sense is materially altered, but all the mischiefs done by the former book are clearly done away, because no mention is made of the house of Hanover or the government of this country.

You will be to consider upon this part of the case, whether the persons, who in general read this book, in the common sense they use the word "monarchy," the word "absolute" not being put one way, or "limited" the other, would not apply it to the government of this country.

their education or situation in life, be supposed to understand the subject on which he writes; and whether from those passages, which are selected here, and others, you will not find it rather adapted to the passions, than the good sense of mankind, to induce them to be dissatisfied with the government under which they live, and look for something more satisfactory than they find.

I cannot help observing, that this, if a criminal attack, has certainly a degree of aggravation in it, because it is an attack upon a government the most free that is now existing, a government that seems to be established for the benefit of all persons concerned. The crown is part of that government, and is at the head of it. As a chief magistrate must preside over it, there then becomes another question-Whether that shall be hereditary, or whether it shall be elective? Now, the best and most discreet writers on that subject have found the most horrid inconveniences to arise from the repeated elections of sovereigns; and I believe have, in general, agreed that hereditary suc cession is most for the comfort and benefit of mankind. It is upon that principle our constitution is formed, and I hope will continue. You will judge of the points I have thought

it

my duty to state. If the book was published, as the work of a philosopher, for the benefit of mankind, then this man will not have to answer for the publication. If published with a malicious view, then he will have to answer for it, if you are convinced of the fact of publication.

After the Jury had been out of Court, up

If upon reading the whole of this, you are satisfied that the person who wrote it, did not write it with an intention to weaken the hands of government, to set every thing afloat, to put every thing into confusion, but with a good, honest, philosophical, turn of mind, for the benefit and real advantage of mankind-if you are satisfied, that Paine published this book in this country, as a phi-wards of two hours, they returned. losophical man, coolly applying to the sound discretion of those who were competent to judge upon the subject, to men of learning, to philosophers, who could understand the terms in which he wrote, and that he meant to do no mischief, it is what all authors in this country have a power to do; for the distinction between the freedom of the press and the abuse of it is precisely this-that every thing may be done by the press which is done for the honour, advantage, and benefit of mankind; but nothing can be done by the freedom of the press that tends positively and decidedly to the injury of mankind; and, therefore, I should hope you would throw out of your decision that sort of captivating argument the learned gentleman addressed to you upon the freedom of the press, because I think it is out of the question; for if it is a criminal work, the freedom of the press will be protected by your verdict against it; if it is an innocent one, it will be protected by your acquittal.

Foreman of the Jury. We find the defendant Guilty of publishing, but not with a criminal intention.

Mr. Gurney. That is, Not Guilty.

Mr. Vaughan. My Lord, the verdict must be entered,-Not Guilty.

I shall leave it to you, whether this book is the work of a philosopher, meant to instruct mankind, and written in such language as is calculated for persons of that description; or whether it is adapted to the lowest orders of the people-people who either cannot, from

Mr. Recorder. No; the verdict must be entered as the jury have given it: but I shall tell the jury what verdict they have a right to find, in order that they may re-consider it, if they think proper.

Mr. Vaughan. My Lord, I submit that the verdict of the jury is given, and that the Court is bound to receive it; though in effect it is a verdict of acquittal, it is in form a speciat verdict-a special verdict is a solemn and a serious thing; it bears the mark of deliberation. In this case the jury have deliberated maturely, and have found a verdict, which I submit cannot be altered.

Mr. Recorder. I shall inform the jury of the powers vested in them by the libel bill, that they may not be taken by surprise.

Mr. Vaughan. I am very far from wishing the jury to be taken by surprise, or to be precipitate. I am sure it is for the advantage of my client that they should not be.

Mr. Recorder. I do not think myself at