(in 1812 Solicitor; in 1813, Attorney General;] | sure I am, you will not incur the imputation Mr. Fielding.

of having sacrificed the one or infringed the Attornies. Messrs. Chamberlagne and

other, upon any topics of compassion, humaWhite, Solicitors to the Treasury.

nity, or any other that ingenuity may fur

nish. Counsel for the Defendant. Mr. Felix It may occur to some persons who have Vaughan, Mr. John Gurney.

but superficially attended to this subject, that Attorney.—Mr. I. A. Bonney, No. 4, Percy much." Judge of that, when it is stated to

these prosecutions have been multiplied too street, Rathbone-place.

you, that after this publication, which I sup[Mr. Fielding opened the Indictment.]

pose you have collected to be the Second Part Mr. Garrow. Gentlemen of the jury ;-I of the “ Rights of Man," written by that have also the honour of attending you upon gentleman who states himself to be “ Secrethis occasion, charged with the duty of stating tary for foreign affairs to Congress in the to you, on the part of the crown, the circum- American War, and Author of Common stances which belong to this case, imputing to Sense;"—that when that had run through the defendant the guilt of being the pub- several rapid editions, at a high price, it was lisher of a seditious libel.

found that, in order to accommodate it to As this is an appeal between the defendant readers of all classes and descriptions, to find and the public, calling upon you, under the its way into the most humble habitation of most solemn of all sanctions, to decide; I the most peaceful subject of this country, to should, after what has passed upon the sub- make the poison spread and to gratify every ject of this publication in other places, have palate, the press teemed with new editions at contented myself, with very shortly desiring a cheap and easy rate; and notwithstanding that the passages should be read to you, that all the admonitions of the prosecutions that the fact of publication should be proved, and were commenced, all the admonitions of the should then have asked for your verdict. verdicts of juries, and all the judgments of The reason I take another course is this, it has necessary severity; this defendant continued happened somehow or another, that persons still in this metropolis, in the heart of those standing in the situation of the defendant, convictions, and those judgments, with all of have had the good fortune, in every place in them staring him in the face, still to sell and which they have been prosecuted, to be de- to distribute this publication, until the notofended by very considerable talents and abili- riety of his conduct was such, that they, ties, from the exercise of which it is to be ex- whose duty it is to watch over the public pected (as experience has shown us it has tranquillity, thought themselves in duty been practised), that all that the ingenuity and bound to institute this prosecution. learning of the profession can bring in aid of Upon the libel itself it will not be necessuch defendants, will be exerted for the pur- sary to adduce many arguments, for you to pose of standing as a shield between them pronounce that it is what it is described to and the verdicts of juries, in order to protect be, a most malignant, seditious, inflammatory, them from conviction.

and mischievous libel. I admit to my learned Upon the picsent occasion, the defendant friend, thai if taking this book, and reading the has the advantage of the attendance of a passages with its context and with its various learned friend of mine, if he will permit me parts, you should be of opinion, that upon to call him so, for whose abilities I have very the whole it is an innocent, fair discussion of great respect, and therefore it will be my a political subject, it will be your duty to duty (as in all probability this will be the acquit the defendant.--If indeed that arguonly stage of the cause, in which I shall | ment could be offered to men of common have an opportunity of addressing you) to an- sense, without an outrage upon reason, the ticipate the modes of defence which my friend's author, instead of being as he is, suffering ingenuity will find out, and appeal from that the judgment of the law, an exile, I hope an ingenuity to your plain sober common sense eternal exile, from this happy country, ought and discretion, to decide between my friend to have been a man acquitted, not conand me, upon the propriety of the defendant's demned.* conduct.

Let it not be said that the press is endanIn the outset of the cause, I say this, re- gered by this prosecution,-that the freedom

I presenting the public, if you have any seri- of the press is in danger, because libels, flagious, sober, rational, doubts of the guilt of the tious and seditious as this is, find their way defendant, upon any of the fair topics, that into courts of justice. I state therefore, that may be adduced before you, in God's name if you should be of opinion that this book pronounce him Not Guilty.' If on the other was written in the fair spirit of true political hand, when the evidence shall be laid before inquiry, I do not desire you (because those you, when you shall have attended to this I represent have not desired any body else) to publication, as men of sober reasoning must find the defendant guilty. attend to it, you shall find it impossible to Gentlemen, I proceed to state some of these pronounce him not guilty without a breach of your oaths, or a dereliction of your duty, * See the trial of Thomas Paine, ante,p.357.

self up to the publishing, so he left it to his executor with a legacy to publish it after his death. It was said upon that occasion, that one scoundrel had charged a musket to its muzzle against the interests of society, but he was too great a coward to pull the trigger, and he left another scoundrel half-a-crown to do it for him.* It seems to me that the condition of a bookseller in this case is something like that of the executor.

Mr. Paine shall have my consent to sit down and write till his eyes drop out and his heart aches, provided he cannot find any body to publish it; but it is by means of persons like the defendant, giving vent to publications like the present, that injury has been done to society.

You are now in a newly ascertained situation to persons of your description, charged to inquire not only upon the fact of the publication, but upon the criminal intent with which it was published.*

I could say, I never read Mr. Paine's two books through: would it be said as an excuse for me, if I had sent these by thousands in a package into all the market towns in this kingdom,-I never read the book, but I sent them down, and they fell into the hands of a great many people who having less to do, I dare say, did read them? Still less would it be an excuse for me, if with all the warnings I have mentioned, staring me in the face, I had done this act.

I am obliged to my friend Mr. Fielding, for suggesting to me an observation. It may happen now and then, that a man does not know what has been passing in courts of justice, but the author of this, when he had the goodness to furnish the world with a cheap edition, had the goodness to tell all his publishers that he was under prosecution, but then in an appendix he ridicules the absurdity of prosecutions like this.

Gentlemen, I shall prove that this pamphlet was sold at his shop, for a price, no matter by whom. I know that if ever there is an argument that is likely to succeed, if ever there is a topic that is likely to be addressed to gentlemen in your situation, it is that which is to find its way to the heart and to the compassionate feelings of those to whom it is to be addressed; and therefore, I take it for granted, my learned friend will tell you, it would be hard to convict the defendant, since this book was sold not by him, but by his Charles wife. I should be the last person who would be supposed to visit upon the fair sex any of their offences: but, to speak gravely, does that furnish any argument at all? I admit now, and I give my friend the opportunity if he will show that the wife of the defendant, against remonstrances on his part, without his knowledge, or against his consent, pro-I cured and vended them, I shall risk none of the displeasure of any of those who are employed in guarding the interests of the public, by saying I would abandon the prosecution.

But if, on the other hand, a man is to be permitted to load his musket to the muzzle, against the interests of society, and to go from home to leave a timid woman to pull the trigger, he must pay for the mischief he does to society.

The following I apprehend to be the anecdote alluded to by the learned counsel: "On the 6th of March came out lord Bolingbroke's Works, published by Mr. David Mallet. The wild and pernicious ravings, under the name of " Philosophy," which were thus ushered into the world, gave great offence to all well-principled men. Johnson, hearing of their tendency, which nobody disputed, was roused with a just indignation, and pronounced this memorable sentence upon the noble author and his editor. Sir, he was a scoundrel, and a coward: a soundrel, for charging a blunderbuss against religion and morality, a coward, because he had not resolution to fire it off himself, but left halfa-crown to a beggarly Scotchman, to draw the trigger after his death!" Boswell's Life of Johnson, vol. 1, p. 240, 8vo. 1793.

EVIDENCE FOR THE CROWN.

Humphries, sworn.-Examined by
Mr. Fielding.

Do you know the defendant, Daniel Isaac Eaton?—I saw him at his house in Bishopsgate-street.

When was it?-I think it was the latter end of January, or the beginning of February. bought some books at that time.

Did you buy the book in question ?—I did not buy this.

Mr. Gurney. Do not let us hear any thing respecting other books. Humphries. I bought this book there be

fore that.

Mr. Fielding. What is it?-It is the Rights of Man, Part the Second.

Had you ever seen him in the shop, before you bought it?--I had-The day I went into the shop when he was there, I asked him for some of Mr. Paine's publications; he hesitated at selling it, but after some conversation, he sold the them.

Mr. Gurney. Confine yourself to the Rights of Man.

Humphries. I told him I had bought the Rights of Man before; and his wife I believe, a woman I conceived to be his wife, said she had sold the gentleman the Rights of Man, with some other of Mr. Paine's works a little while ago.--I think he said, "Did she?" and after that he let me have the other books.

Mr. Gurney. On what day did you purchase the Rights of Man? The 17th of January.

* See stat. 32 G. 3, c. 60. then lately passed. See also pp. 292, 294, of this Volume.

to remove the curtain, to expose to the view learned judge who presides upon the present of the people of this country and excite their occasion;–1 have what is of infinitely greater laughter?' It is nothing less than the mo- importance than the opinions of learned lawnarchy of England, from which this man in- yers;— have the concurring sentiment (I vites you by accident, I believe he would believe I may venture to say) of every honest have liked it much better to have been done man in his majesty's dominions, upon the without accident,- to draw the curtain that question you have to decide ; I have the opiyou might treat it as the pitiful, contemptible nion of various juries, concurring without any thing he always thought it.

man's having for a single moment entertained This man does not leave a great deal for a doubt that the spirit of the author of this counsel to do, to explain his text; he takes the book was indeed to unite practice with prinbull by the horns, he goes on,

“ That mo

ciple, to unite a dangerous, a destructive, a narchy is all a bubble, a mere court artifice," king-killing practice, with the pernicious prin- setting up monarchy as something, which, ciples of his book. according to this man, might be indicted, Shall I believe that you will disgrace yourunder the statute, for false pretences,—“ a selves and the place in which you are, by difmere court artifice to procure money, is evi- fering from all men of common sense and undent (at least to me) in every character in derstanding upon this book? Shall I believe, which it can be viewed.”

any thing can for a moment divert honest and Wherever I look at monarchy, whether I sensible men, like you, from that course which look at it as something grounded in the wis- it is your duty to take? dom-no he would say the folly of our an- The present defendant having the examples cestors,- for preventing the numerous incon- of these convictions, staring him in the face, ceivable, and devastating consequences of and knowing that the guilty author of this elective monarchy;—whether I look at it as book was liable to punishment upon his consomething that is to attach to it the respect of viction, has taken the risk upon himself; he surrounding nations ;-in whatever character has chosen to make it the subject of merchanI view it, it looks like a trick to get money dise, and sold it publicly in his shop. Shall out of the pockets of the people. Are the we have any arguments addressed to you, to people of this country disposed to go along mark a distinction between the author and with the author in this observation-No; it the seller of the book ? I can only suppose we is upon much better and nobler principles we may, because I protest it seems to me to be contribute to the necessities of the state. It extremely difficult to defend the defendant; is because we know we cannot be safe nor and therefore, I am to expect that all that infree but at the expense which must neces- genuity can suggest, will be suggested; when sarily attend all government, in all coun- a case will not afford good arguments, he trics.

must put up with indifferent ones, and when He says, “ It can only be by blinding the they are but scarce, he must sometimes have understanding of man, and making him be- recourse to bad. So that upon this occasion, lieve that government is some wonderful you possibly may have all three, good, bad, mysterious thing, that excessive revenues are and indifferent. In the class of bad, I think obtained. Monarchy is well calculated to stands the argument I am about to state to insure this end.”—What end? picking the you;-all this may be true, as applicable to the pockets of the people by blinding their un author, the book itself may be flagitiuus in derstanding. “ It is the popery of govern- the extreme, the greatest talents that ever ment.” Now mark the art of this; would any stood up to address a jury, have laboured in man, sitting down in a spirit of fair dispas- vain upon this,* but it will be better to say sionate inquiry about government, attack the at once, traitor Paine is, he will not trouble mind of an Englishman, by likening his here- us any more, and therefore turn your backs ditary succession to popery, which he knows upon him, and consider the case of the poor he detests. “A thing kept up to amuse the defendant, who is only a poor bookseller, a ignorant, and quiet them into taxes.” If it man who sells this for his bread. be so, undoubtedly it is high time there were Will that be said? I will tell you what I an end of it. If any man could persuade us, should be disposed to say in answer to it, if I that that limited, well-balanced monarchy, were a jury-man, Why Mr. Bookseller, you under which we have had the pleasure to live, deal in a very dangerous commodity, if you merited this description, we should be traitors will make a merchandise of poison to poison to ourselves and all posterity, if we did not the dearest interests of the public, you must immediately set about getting rid of it. answer for it. I will take the liberty of say

My friend shall have my free consent to ing more. It happened to somebody to write, read the whole of the book and you may judge not as Mr. Paine has done in the aggregate by the context.

against every thing that is dear and valuable, But I ought perhaps to apologise for hav- but only to attack the sacred religion of the ing taken up so much time upon such a sub- country'; but he had not quite brought himject, because I have not only the opinion of learned lawyers what this is; but I have what, • See the eloquent defence of Painc by speaking without intending any offence to the lord Erskine, anté, p. 410.

+ f

а

a

self up to the publishing, so he left it to his You are now in a newly ascertained situaexecutor with a legacy to publish it after his tion to persons of your description, charged death.-It was said upon that occasion, that to inquire not only upon the fact of the publione scoundrel had charged a musket to its cation, but upon the criminal intent with muzzle against the interests of society, but he which it was published.* was too great a coward to pull the trigger, I could say, I never read Mr. Paine's two and he left another scoundrel' half-a-crown to books through: would it be said as an excuse do it for him.* It seems to me that the con- for me, if I had sent these by thousands in a dition of a bookseller in this case is something package into all the market towns in this like that of the executor.

kingdom-I never read the book, but I sent Mr. Paine shall have my consent to sit them down, and they fell into the hands of a down and write till his eyes drop out and his great many people who having less to do, I heart aches, provided he cannot find any body dare say, did read them? Still less would it to publish it; but it is by means of persons be an excuse for me, if with all the warnings like the defendant, giving vent to publications I have mentioned, staring me in the face, I like the present, that injury has been done to had done this act. society.

I am obliged to my friend Mr. Fielding, for Gentlemen, I shall prove that this pamph- suggesting to me an observation. It may let was sold at his shop, for a price, no maiter happen now and then, that a man does not by whom. I know that if ever there is an know what has been passing in courts of jusargument that is likely to succeed, if ever tice, but the author of this, when he had the there is a topic that is likely to be addressed / goodness to furnish the world with a cheap to gentlemen in your situation, it is that edition, had the goodness to tell all his pubwhich is to find its way to the heart and to lishers that he was under prosecution, but the compassionate feelings of those to whom then in an appendix he ridicules the absurdity it is to be addressed; and therefore, I take it of prosecutions like this. for granted, my learned friend will tell you, it

EVIDENCE FOR THE CROWN. would be hard to convict the defendant, since this book was sold not by him, but by his Charles Humphries, sworn.--Examined by wife. I should be the last person who would

Mr Fielding. be supposed to visit upon the fair sex any of their offences: but, to speak gravely, does Do you know the defendant, Daniel Isaac that furnish any argument at all? I admit Eaton ?-I saw him at his house in Bishopsnow, and I give my friend the opportunity if | gate-street. he will show that the wife of the defendant, When was it? I think it was the latter against remonstrances on his part, without end of January, or the beginning of February. his knowledge, or against his consent, pro- -I bought some books at that time. cured and vended them, I shall risk none of Did you buy the book in question ?--I did the displeasure of any of those who are em- not buy this. ployed in guarding the interests of the public, Mr. Gurney. Do not let us hear any thing by saying I would abandon the prosecution. respecting other books.

But if, on the other hand, a man is to be Humphries. I bought this book there bepermitted to load his musket to the muzzle, fore that. against the interests of society, and to go Mr. Fielding. What is it?-It is the from home to leave a timid woman to pull the Rights of Man, Part the Second. trigger, he must pay for the mischief he does Had you ever seen him in the shop, before to society.