being his determination for the preservation that have been the active leaders of addresses of the peace and happiness of his faithful and (meaning such addresses as aforesaid),“ but it" loving subjects, to carry the laws vigorously (meaning the constitution of this kingilom). into execution against such offenders as afore-“ is a bad constitution for at least ninety-nine said, to wit, at London, in the parish of Saint parts of the nation” (meaning this kingdom) Mary le. Bow, in the ward of Cheap. And out of an hundred, and this truth is every the said attorney-general who prosecutes as day making its way. It is bad, First, be. aforesaid, further gives the Court here to un cause it entails upon the nation the unneces. derstand, and be informed, that after the said sary expense of supporting three forms and proclamation had been issued, and before the systems of government at once, namely, the publishing of the wicked, malicious, scan- monarchical, the aristocratical, and the demodalous, and seditious libel, herein-after next cratical. Secondly, because it is impossible mentioned, divers addresses on occasion of to unite such a discordant composition by any such proclamation has been announced, in other means than perpetual corruption, and the London Gazette, as having been made to therefore the corruption so loudly and so un

1 his said majesty, and the government and i versally complained of, is no other than the constitution of this kingdom, to wit, at Lon natural consequence of such an unnatural don aforesaid, in the parish and ward afore- compound of governments, and in this con: said. And the said attorney-general, who sists that excellence which the numerous herd prosecutes as aforesaid, gives the Court to of placemen and pensioners so loudly extol, understand and be informed, that Daniel and which at the same time occasions that Isaac Eaton, late of London, bookseller, well enormous load of taxes, under which the rest knowing the premises, but being a wicked, of the nation groans. Among the mass of malicious, seditious, and evil disposed person, national delusion, calculated to amuse and and being greatly disaffected to our said lord impose upon the multitude, the standing one the king, and the constitution and govern- has been that of flattering them into taxes, ment of this kingdom, and wickedly, mali- by calling the government (or as they please ciously, and seditiously contriving, devising, to express it, the English constitution), the and intending to stir up and excite discon- envy and the admiration of the world; scarcely tents and seditions among the subjects of an address has been voted, in which some of our lord the king, and to bring the said the speakers have not uttered this hacknered proclamation into disregard and contempt nonsensical falsehood. Two revolutions have amongst his {subjects, and to alienate and taken place, those of America and France, withdraw the affection, fidelity, and alle and both of them have rejected the unnatural giance of his said majesty's subjects, from his compounded system of the English governsaid majesty's person and government, and meni. America has declared against all bewickediy, maliciously, and seditiously to in- reditary government, and established the resinuate and cause it to be believed by all the presentative system of government onlyliege subjects of our said lord the king, that | France has entirely rejected the aristocratical the constitution and government of this king part, and is now discovering the absurdity of dom as by law established, is a system of ty- the monarchical, and is approaching fast to ranny, injustice, and oppression, and destruc- the representative system. On what ground tive of the liberties and happiness of his said then do those men continue a declaration remajesty's subjects, and thereby to stir up and specting what they call the envy and admiraexcite his said majesty's subjects to seditious tion of other nations, which ihe voluntary meetings and conventions, and wickedly and practice of such nations as have had the opseditiously to disturb and destroy the peace, portunity of establishing government, contragood order, and tranquillity of this kingdom, dicts and falsifies? Will such men never conon the 1st day of February, in the 33rd year fine themselves to truth? Will they be for of the reign of our lord, the now king, with ever the deceivers of the people?" And in force and arms at the parish aforesaid, in the wbich said libel are contained (among other ward aforesaid, in London aforesaid, unlaw- things) divers other malicious, scandalous fully, wickedly, maliciously, and seditiously and seditious matters of and concerning the did publish, and cause and procure to be pub- constitution of this kingdom, according to the lished, a certain wicked, malicious, scandalous tenor following, that is to say, and seditious libel, intituled “ A Letter ad- “ I have asserted and have shown both in dressed to the Addressers on the late Procla- the First and Second Parts of the Rights of mation” (meaning his said majesty's procla- Man, that there is not such a thing as an mation) in which said libel are contained, English constitution, and that the people" amongst other things, divers malicious, (meaning the people of England)“ have yet a scandalous, and seditious matters, of and con- constitution to form." And in which said libel cerning the constitution of this kingdom, ac- | (amongst other things) are contained divers cording to the tenor following, that is to say, other malicious, scandalous, and seditious

“ It is a good constitution” (meaning the matters, of and concerning the constitution of constitution of this kingdom)," for courtiers, this kingdom, according to the tenor followplacemen, pensioners, borough-holders, and ing, that is to say, the leaders of parties, and these are the men * It has ever been the craft of courtiers, for the purpose of keeping up an expensive and and disgust. To prevent therefore those enormous civil list, and a mummery of use- commotions which too often and too suddenly less and antiquated places and offices at the arise from suffocated discontents, it is best public expense, to be continually hanging that the general will should have the full and England upon some individual or other, free opportunity of being publicly ascertained called king, though the man might not have and known.” And in which libel are concapacity to be a parish constable; the folly tained (amongst other things) divers other and absurdity of this is appearing more and malicious, scandalous and seditious matters of more every day, and still those inen con- and concerning the representation by the tinue to act as if no alteration in the public Commons of Great Britain in parliament asopinion has taken place. They hear each sembled, and of and concerning the power and other's nonsense, and suppose the whole na- authority of the parliament of this kingdom tion talks the same gibberish; let such men according to the tenor following, that is to say, cry up the House of Orange, or the House of “I wish that Mr. Grey since he has enBrunswick, if they please; they would cry up barked in the business would take the whole any other house if it suited their purpose, and of it into consideration, he will then see that give as good reasons for it. But what is this the right of reforming the state of the reprehouse, or that house, or any other house to a sentation” (meaning representation by, the nation? For a nation to be free, it is sufficient Commons of Great Britain in parliament asthat she wills it. Her freedom depends wholly sembled) “ does not reside in parliament" upon herself and not on any house, nor on meaning the parliament of Great Britain)“and any individual. I ask not in what light this the only motion he could consistently make, cargo of foreign houses appears to others, but would be that parliament” (meaning the parI will say in what light it appears to me. It liament of Great Britain)“ should recommend was like the trees of the forest, saying unto the election of a convention by all the people, the branıble, “come thou and reign over us.” because all pay taxes; but whether parliaAnd in which said libel (amongst other ment” (meaning the parliament of Great things) are contained divers other malicious, Britain)“recommended it or not, the right of scandalous, and seditious matters, of and con- the nation would neither be lessened nor incerning the constitution and government of creased thereby." And in which said libel this kingdom, and the power and authority of (amongst other things) are contained divers the parliament thereof, according to the tenor other malicious, scandalous, and seditious following, that is to say,

matters according to the tenor following, that “I consider there form of parliament,” | is to say, (meaning the parliament of this kingdom)" by “ Instead then of referring to rotten an application to parliament” (meaning the boroughs, and absurd corporations” (meaning parliament of this kingdom)“as proposed by boroughs and corporations of this kingdom) this society to be a worn-out hackneyed sub-“ for addresses, or hawking them about the ject, about which the nation is tired, and the country to be signed by a few dependant parties are deceiving each other. It is not a tenants, the real and effectual mode would be subject that is cognizable before parliament” to come at the point at once, and to ascertain (meaning the parliament of this kingdom,) the sense of the nation” (meaning this king“ because no government has a right to dom), “ by electing a national convention," alter itself either in whole or in part. The (meaning a convention of the people of this sight and the exercise of that right ap- kingdom, otherwise than in parliament aspertains to the nation only. And the sembled). proper means is by a national convention To the great danger of our happy constituelected for the purpose by all the people. By tion and government, in contempt of our said this the will of the nation whether to reform, lord the king and his laws, to the evil example or not, or what the reform shall be, or how of all others in the like case offending, and far it shall extend will be known, and it against the peace of our said lord the king, his cannot be known by any other mcans. Par- crown and dignity,: Whereupon, the said attial addresses, or separate associations are not torney-general of our said lord the king, who for testimonies of the general will. It is, how- our said lord the king, in this behalt, prosecuever, certain, that the opinions of men with teth prayeth the consideration of the Court here respect to systems and principles of govern- in the premises, and that due process of law ment are changing fast in all countries, the may be awarded against him the said Daniel alteration in England within the space of Isaac Eaton, in this behalf, to make him little more than a year, is far greater than answer to our said lord the king, touching and could then have been believed, and it is daily concerning the premises aforesaid. and hourly increasing. It moves along the

The SPECIAL JURY. country with the silence of thought. The enormous expense of government” (meaning Mr. Robert Alburn, Princes-street. the governnient of this kingdom)“ has pro- Mr. Samuel Horne, Size-lane. voked men to think, by making them feel, and Mr. William Prescott, Bow-church-yard. the proclamation" (meaning his majesty's said Mr. Thomas Lewis, Freeman's-court, proclamation)" has served to increase jealousy Mr. John Nixon, Cateaton-street.

be found to have produced more misery to the public, within the last three years than perhaps ever existed before. I say the reflection which that remark raises in my mind, is to render it extremely doubtful whether in my situation, I should not better do my duty to the public, by following the rule of law, as I find it to be handed down to me, and, as I find it to have been received by those who have administered it in past ages, than in stating to you any suspicions of my own, with respect to what it is, or ought to be. I say distinctly, this defendant had a right, subject to this qualification, to publish this book, for I find the law to be such, that if the liberty of the press is not infringed, or violated, it is essential to a free state.-Gentlemen, you will give me leave to observe, that in all states which have not been founded on principles of liberty, in them the liberty of the press does not exist; this liberty consists in laying no restraints on publications; every freeman has an undoubted right to lay what sentiments be pleases before the public, but if he publishes what is improper, he must take the consequence of his temerity.

A man (says a fine writer on this subject) may be allowed to keep poisons in his closet, but not publicly to vend them as medicines, and to this he adds, it is necessary to prevent improper conduct, and that to censure the licence is not to attack the liberty of the .press.

this, the author misrepresents the constitu tion as it stands; he does not state the effect of those laws as he knew them; it was not his intention to draw a true representation of the constitution of this country, but he sat down with a design to misrepresent it, and that he has sacrificed in every page of his book, the real truth to a fondness for the principles of his system, and to forward which he had declared, was the intention with which he came into this country.

Look at the book where he speaks of the chief magistrate, and considers him as a king and as a man, and give me leave to say, that the wisdom of the law of our ancestors, the wisdom of the law of England taught them to look at man as he is, they did not think with this self-sufficient author, that man was all perfection, but that we were beings such as God had formed us, and that our infirmities were to be corrected by the system of laws which were formed on deep reflection and on deep experience. Take and read this book through, and after you have so done, is there any of you, who can suppose that the king of this country has any power of being hurtful to this country? Considering the weakness of infancy, the dotage of old age, and the imbecility of human life in general, why did not this gentleman state that the crown of this country was a trust for this country, that the weaknesses of infancy, the infirmity of old age, are all rectified by the infinite variety of checks, with which the law has guarded the execution of the chief magistracy in this country? Take it another way; observe, this gentleman does not state to his

the integrity to tell them that the constitution of this country was acknowledged to be a constitution securing all the blessings of civil liberty, not only by the subjects of this country, but by those of other nations, who were looking at it as the best constitution that could be framed, a constitution which is at once the envy and admiration of the world.

Gentlemen, I say the defendant had a right to publish this book if he chose, leaving it to you to say whether he had done right in publishing it,-without attending to his -duty as a publisher,-whether you find your-readers the constitution as it is; he has not selves bound to censure him or not with respect to the publication of it. Gentlemen, I am one of those who admit that a case has never occurred, in which it was less necessary to dispose of a dry question of law, whether a man might or not freely and rationally discourse in public, or otherwise, on the principles of any government under heaven, and I do not believe the case ever will occur; or that a jury need to be asked that question: but I have no objection to say, that if you can take up this book, and can lay your hands upon your hearts, and can say that the author, with the knowledge he necessarily must have of the nature of the constitution of this country, meant fairly to represent the constitution of this country, and to reason upon it, and that he meant to state the principles on which the constitution of other countries were formed, and the effect of those principles, as he knew them, at the time this work was published, and then by fair reasoning without a seditious intention, that he meant to draw a just comparison, and that he did not publish this work purposely to argue down the system of law and the constitution of this country, I do not ask you for your verdict.

Gentlemen, what I impute to this work, is

When this gentleman was describing the nature of our constitution, why not state the whole truth? he should not have vilified it beyond fair reasoning and sober argument. Why not put it to the people of England as he ought to have done; and have said, when I published my former works I thought so and so, and, in support of those opinions, you will find I have published this work of which I can fairly say, you will find in this book sober reasoning and fair discussion? I hope the law of England, never will prevent fair discussions, nor would this man have been an object of prosecution, if the work had contained fair discussion only, and not scandalous and malicious abuse: but that not being the case, by persisting in this publication, he enters into a conflict with the law.

I say, the fair account of the sense of the passages which will be read to you, is no

design, and he communicated it to general | tinction, if there be one, according to the Greene, at Philadelphia,–he was impressed laws of England, between this sort of writing with the idea that if he could get over to and such as amounts to high treason : genEngland without being known, and only re- tlemen, I will say too there is a case that main in safety till he could get a publication may happen, that a publisher, in the ordinary out, he would open the eyes of the country, course of his trade, may give a book to a as to the madness and stupidity of its govern- customer; that he may give it with no moment. He authorizes me to say what I have tives more nor less, than belong to an honest stated, when he expresses a wish to know tradesman, he may, yet in so doing expose the manner in which a work different from himself, if the work be dangerous, to the pewhat had been customary to be seen in Eng-nalties of the law. land would be received, before he proceeded It is extremely clear, that in point of pubfarther.

lication, the conduct of the party may be Gentlemen of the jury, this proof of the very different as to criminality; for if the systematically mischievous intentions of this work upon the face of it, purports to be a author, is confirmed by the diligence with work reflecting on the actual government of which productions of such a nature have the country, in any particular instance in been dispersed through this country. The which it is thought proper to exercise the chief magistrate of this country (who is never powers of government; if it reflects on all the once represented, in this publication, as the constituted powers of the country, and upon chief magistrate entrusted with the powers those who exercise those authorities, I beg the constitution has given him for the benefit leave to say if a publisher can suppose from of the country; and in the exercise of which the circumstances of the case, that he does he is restrained by the law; his duty pre- publish it at a risk, and is yet resolved to scribed by law; and his conduct regulated by publish it, and does publish it, and continues legal principles) thought it his duty to state to publish it at the same risk, if so, at his that there was a law in England, that might risk be it. I say when this author had been be applied to those who dared thus to inter- convicted upon a verdict of the jury of the rupt the happiness of the country; to warn country, which had been found against him his subjects, not as this author has repre- in December, 1792, it was becoming those sented it, against a temperate and free dis- who were vending the First and Second Part cussion of the principles of the constitution of the Rights of Man, to take care that they of this country; but against seditious wri- did not publish the third work of this author, tings tending to mislead the public-writings if it contained matter more offensive to law published by those who knew the nature of than either the First or Second Parts. the constitution of which they were treating The publication in question was sold by not to be such as they represented it to be the defendant so late as the month of FeGentlemen, the Second Part of the Rights of bruary last; now gentlemen, under these cirMan became, after this, the subject of a pro- cumstances, I think I might submit to any secution in this country, the result of the man in Court, with respect to the expediency trial of Mr. Paine was*, (for after all, the of this prosecution; but entering my solemn constitution of this country rests on the pro- protest against the necessity of giving that tection which a jury will give it) the result evidence, I am prepared to prove to you that of that trial was, that the jury in this place the chief magistrate of this city, in obedience were of opinion that it was an infamous and to the law, and in the laudable exercise of his scandalous libel; the author of the work was, duty as such, took the trouble to inform this as he stated he meant to be, out of the king- man, and advise him that he was doing that dom; he came here in 1790, and published which he ought not to do, for that the law, such a writing as he confesses never before as he was advised, would not permit it; tellappeared in this country; he remained till he ing him if he chose to act on any other adcould get his publication out, and then he vice he must answer for it, he found himself was gone ; this was on the 18th December, bound to watch his conduct, and if he chose 1792 ; his majesty's proclamation stated in to act as a good subject ought to do, he might this record, had been issued in May, 1792. protect himself. Gentlemen, notwithstand

The author of the work as if his business ing that the defendant still persisted in girwas to revile all the authority in the country, ing this publication to the world; and under did not wait for the decision of the jury, but such circumstances,if the publication be as it is employed his time in printing this book, stated, he has no reason to complain if the which is now, gentlemen, brought before you; law is applied to his individual case. Now and I take the liberty to state it in your pre- gentlemen, with respect to the paper itself, I sence, and in the presence of the country at am very far from saying, that any intimation large, that without exception, it is the most of this sort, was an intimation, which any absurd and daring libel that ever was pub- subject was bound to obey. lished. I am not afraid to say that it requires Gentlemen, it is fully consistent with my the exertion of great talents, to state the dis- duty, to remark to you the wisdom of the

law of the country : and the impropriety of * See the trial, p. 857 of this volume. departing from it, on speculations, which will

be found to have produced more misery to this, the author misrepresents the constitu. the public, within the last three years than tion as it stands; he does not state the effect perhaps ever existed before. I say the reflec- of those laws as he knew them; it was not tion which that remark raises in my mind, is his intention to draw a true representation of to render it extremely doubtful whether in the constitution of this country, but he sat my situation, I should not better do my duty down with a design to misrepresent it, and to the public, by following the rule of law, that he has sacrificed in every page of his as I find it to be handed down to me, and, as book, the real truth to a fondness for the I find it to have been received by those who principles of his system, and to forward have administered it in past ages, than in which he had declared, was the intention stating to you any suspicions of my own, with which he came into this country. with respect to what it is, or ought to be. I Look at the book where he speaks of the say distinctly, this defendant had a right, chief magistrate, and considers him as a king subject to this qualification, to publish this and as a man, and give me leave to say, that book, for I find the law to be such, that if the the wisdom of the law of our ancestors, the liberty of the press is not infringed, or vio- wisdom of the law of England taught them to lated, it is essential to a free state. --Gentle look at man as he is, they did not think with men, you will give me leave to observe, that this self-sufficient author, that man was all in all states which have not been founded on perfection, but that we were beings such as principles of liberty, in them the liberty of God had formed us, and that our infirmities the press does not exist; this liberty consists were to be corrected by the system of laws in laying no restraints on publications; every which were formed on deep reflection and freeman has an undoubted right to lay what : on deep experience. Take and read this sentiments be pleases before the public, but book through, and after you have so done, if he publishes what is improper, he must is there any of you, who can suppose that the take the consequence of his temerity. king of this country has any power of being

A man (says a fine writer on this subject) burtful to this country? Considering the may be allowed to keep poisons in his closet, weakness of infancy, the dotage of old age, .but no: publicly to vend them as medicines, and the imbecility of human life in general, and to this he adds, it is necessary to prevent why did not this geotleman state that the improper conduct, and that to censure the crown of this country was a trust for this licence is not to attack the liberty of the country, that the weaknesses of intancy, the press.

infirmity of old age, are all rectified by the Gentlemen, I say the defendant had a infinite variety of checks, with which the law right to publish this book if he chose, leaving has guarded the execution of the chief magisit to you to say whether he had done right tracy in this country? Take it another way; in publishing it, -without attending to his observe, this gentleman does not state to its -duty as a publisher,-whether you find your readers the constitution as it is; he has not selves bound to censure him or not with re. the integrity to tell them that the constituspect to the publication of it. Gentlemen, tion of this country was acknowledged to be I am one of those who admit that a case has a constitution securing all the blessings of never occurred, in which it was less necessary civil liberty, not only by the subjects of this to dispose of a dry question of law, whether a country, but by those of other nations, who man' might or not freely and rationally dis- were looking at it as the best constitution course in public, or otherwise, on the princi- that could be framed, a constitution which is ples of any government under heaven, and I at once the envy and admiration of the do not believe the case ever will occur ; or world. that a jury need to be asked that question: When this gentleman was describing the but I have no objection to say, that if you nature of our constitution, why not state the can take up this book, and can lay your hands whole truth? he should not have vilified it upon your hearts, and can say that ihe author, beyond fair reasoning and sober argument. with the knowledge he necessarily must have why not put it to the people of England as of the nature of the constitution of this coun. he ought to have done; and have said, when try, meant fairly to represent the constitution I published my former works I thought so of this country, and to reason upon it, and and so, and, in support of those opinions, you that he meant to state the principles on will find I have published this work of which which the constitution of other countries I can fairly say, you will find in this book were formed, and the effect of those princi- sober reasoning and fair discussion? I hope ples, as he knew them, at the time this work the law of England, never will prevent fair was published, and then by fair reasoning discussions, nor would this man have been an without a seditious intention, that he meant object of prosecution, if the work had conto draw a just comparison, and that he did tained fair discussion only, and not scandanot publish this work purposely to argue lous and malicious abuse: but that not being down the system of law and the constitution the case, by persisting in this publication, he of this country, I do not ask you for your enters into a conflict with the law. verdict.

I say, the fair account of the sense of the Gentlemen, what I impute to this work, is passages which will be read to you, is no