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who may be subject to the same charge with | ing reviled in any book, should bring down that now brought against him, for the public upon its authors and publishers shame, dis.cation of the Rights of Man. Let me intreat grace, misery, and ruin? That is to be the of you to dismiss from your minds any pre- fate of this man and his family, should you judices you may have imbibed against its au- err in the verdict you have to give. I trust thor, of whom I am led to acquaint you with

that will not be the case. I am persuaded, an anecdote, disproving much that has been that you will give to this important cause said against him; for I am credibly informed, every attention and every additional argument that it is now several years that he has mains that may occur to you, and which may protained an old and decrepid relation, at Thet- bably have escaped me; but, above all, that ford, the place of his birth. This relation, you will not fail to remember the circumhearing the severe things reported against stance of intention, tending so greatly to fa. him, said, he was the best man in the world, vour that acquittal, which I here solemnly and would have been thought so universally, claim from you on behalf of this defendant, if he had never been able to write. And it because I solemnly believe him entitled to it may in the same manner be said of many per- upon this indictment. sons, that it would have been well if they had Permit me, lastly, again to beg you will sebeen unable to read, as they may afterwards riously reflect upon the consequences of your be prosecuted for lending, or otherwise pub- verdict; should it be a verdici of that harshlishing, this book; for I know of no benefit ness and vindictive character called for so of clergy extending to them in cases of libel. loudly by the prosecutors, it will be an apple

The present cause is to bring with it very of discord that you shall have thrown amongst serious consequences.-Consider how many us, the seeds of which, spreading far and wide thousand copies of this book have been in across the land, shall cover it with sorrow, circulation ; consider how slight a proof is wretchedness, and despair. requisite to convict a man of being. pub- There may be parts of this book which are lisher; for the law differs, as to evidence in criminal, but I contend they are not the parts libel, from that of other subjects, being en- appearing on this indictment. Besides it is tirely the offspring of that monster the Star- not quite so well that any persons, who have Chamber. Every man, who lends, or carries, published, and, like Mr. Eaton has done or leaves a book upon his table, so as another it innocently, should never lay down to rest may read it, is, by able prosecutors, made out without thorns upon their pillows. to be a publisher. I do not know whether Should you bring in a verdict of acquittal you have read the Rights of Man, or have it how different will it be! You will, by that in your possession; but are you sure you means, put an end to all these speculative never lent a political pamphlet that might disputes and rancorous prosecutions. You subject you to a prosecution? I know at least will be laying the foundation and cornerstone of one person in this court who cannot so to a temple of peace and concord, wherein say; but I know my neighbour much too well we shall be protected, not only from the to mention his name. And I should think storms of anarchy and confusion, attributed it somewhat hard, for a man to suffer a heavy to the author, admirers, and publishers of this fine and two years imprisonment for having book, but also from the invasions of those . left this book upon his table.

petty subalterns of arbitrary power, who are Gentlemen, it is for you, by your verdict, ever fawning upon their superiors, by perseto lay this question at rest; for otherwise, cuting men better than themselves. when, and where, and with whom, is this storm of informations and indictments to then proceeded as follows:

The Recorder summed up the evidence, and cease? Is it to finish with Mr. Eaton, the present defendant? I wish it were; and al- Before I come to the question of publicathough I have not an intimate acquaintance tion, there are some previous other questions with him, I do believe he has spirit enough to be decided. to wish so likewise, provided he were sure The question of libel.—The sense of the of saving the numberless victims who are libel is always stated in the indictment, by intended to follow him; who are to be way of innuendo ; and before the late act of taken from their homes and occupations; parliament took place, it was always clear and who are to be torn from the bosoms of their settled law, that it was matter of fact for the wives and families, dependant upon them and jury to decide, whether that sense was to be their labour for support; and to meet the applied to the language of the libel. severity of fine and imprisonment:-And all

You have heard an able address to you on this for what? For having published a book the part of the defendant; you will have to which they believed to be innocent, and which consider whether the author never meant, they might fairly think beneficial to the pub- and had no intention to apply himself to the lic interest.

government of this country, in the language Gentlemen, let me ask of you to consider which he used; and at the same time, that whether this foreign, this ancient language of the readers of this book, whoever they were, monarchy,-whether this Tory language, of not merely philosophers and men of great absolute hereditary succession, -is such as be information and learning, but the generality

pears by the following account, extracted from the Morning Chronicle.

June 28. "Yesterday the attorney-general informed the Court, that he attended, in consequence of the extraordinary verdict found by the jury, upon the trial of Mr. Eaton, who was indicted last sessions, for publishing the Second Part of Paine's Rights of Man; when the jury found the defendant guilty of publishing, but without any criminal

intention.

"Notice had been given him, that upon the foundation of this verdict, the bail of Mr. Eaton intended to make an application to be discharged from their recognizances. The attorney general said, it was a case of considerable importance, and he was ready to argue it, or receive such direction from the judges as they might think fit to give. It would be a question for the judges to decide, what the legal import of the verdict was; the case was distinguished by its novelty, and it was of great concern to the jurisprudence of the country, that the law should be settled upon this point.

"The judges, Buller and Wilson, were of opinion, that the verdict called for the most serious deliberation-there was some difficulty in ascertaining what the intention of the jury was, when they pronounced the verdict. It would be necessary to consider whether it amounted to any verdict at all; and if it did, whether it was an acquittal in part, or as to the whole of the charge upon the record.

"Mr. Justice Wilson said, the jury possibly might mean, that the sentiments contained in Paine's pamphlet were not criminal. After some conversation between judge Buller, Wilson, and the Recorder, it was agreed, that the case should be laid before the judges, in order that they might enter the proper verdict, and settle the law upon this point."

Thus foiled by the ingenious management of the attorney-general, and thus prevented from making a regular application to the Court, by the irresistible interference of the Recorder, I thought it incumbent on me to inform the public of the nature of the proceedings; which I did, in the Morning Chronicle of the next day as follows:

To the Editor of the Morning Chronicle.

Sir;-I think it my duty to state to the public, that being yesterday brought up to the sessions of the Old Bailey, it was my intention to address the Court in the words subjoined; being however prevented, I will beg of you to insert them, in order that my fellowcitizens may not suppose that I omitted claiming my acquittal under the verdict after men tioned. I was indeed stopped by the Court, by reason that the attorney general had yesterday come down and moved that the verdict should be referred to the twelve judges. But as this proceeding was without any notice to me, or my attorney or counsel; and notwithstanding I had given notice that the Court would be moved on this day, to discharge my recognizance; I did think it proper to object to their proceeding, in which I am sure no one can fairly think me to blame.

"My lord ;-If your lordship will have the goodness to hear me for one word. My counsel are not here, and therefore your lordship will excuse my speaking for myself.

"My lord, I amn come here in discharge of my recognizances, by which I was bound over to receive the judgment of this Court, upon a verdict found the last sessions, on an indictment for libel.

"My lord, that verdict was, that I was guilty of publishing, but without any criminal intent--I am told by my counsel, and I believe it is an almost universal opinion, that this is a verdict of acquittal, because the law of England knows no guilt in any action, where there is no criminal intent.

"Now, my lord, I demand my discharge of the Court, because no man can be imprisoned, unless by the judgment of his equals, or by the law of the land. A jury of my equals have found me without any criminal intentions, the law acquits me of all crime, and admits of no imprisonment.

The next day, being Friday, we had given notice for moving the Court. I attended with my bail; when I was, for the first time, informed," that the verdict was to be decided by the judges next term."--I then addressed the Court; but was desired to wait the Recorder's return, who had left the Court; which I accordingly did. And on his return began to read an address, which I had drawn up just before going into Court, lest I might "My lord, I am a poor but an honest man; have expressed myself, without intending it, I can bear punishment, when I know it is in offensive terms. But the Recorder pre- good for the public example. But, I should vented my reading the whole; and, with think myself guilty of an heinous crime inmuch reluctance, I submitted, telling the Re-deed, were I to neglect putting in my claim corder, however, and the Court, That, as an Englishman, I claimed the right and protection of the laws; that I conceived the verdict was a verdict of acquittal; and the more so, as I had heard one of the jury say at the time, it was intended as an acquittal. I therefore insisted upon having justice, and demanded my discharge. To which the Recorder answered," Mr. Eaton, you may depend on having strict justice; but it is now left to the decision of the twelve judges."

to my right under this verdict. And so my lord I throw myself on the justice of the Court; whether being acquitted by a jury of my fellow subjects, I am not entitled by the law, to my liberty as an Englishman.” DANIEL ISAAC EATON

No. 81, Bishopsgate-street.

For the result of the verdict given by the Jury on this occasion, see the following Case,

liberty now to give the jury my opinion upon | If he is to be committed to prison, the jury whether this is, or not, in point of law a libel. might as well have found him guilty.

Mr. White. Your lordship will pardon my Mr. Vaughan. This man stands in a most speaking; but my counsel are not here. I singular situation; he stands, convicted of submit, your lordship is at liberty, and that innocence. I conceive he is entitled to his you are called upon to do it.

discharge. Mr. Vaughan. Certainly not, Mr. White Mr. Recorder. The point of law cannot be that time is past. His lordship might have argued till next sessions--He must be comdone it, in summing up, but his summing up mitted till then. is closed, and it is not competent to him to Mr. Gurney. This man has hitherto been do it now.

at large upon bail-he has shown no wish to Mr. Gurney. I submit, if your lordship withdraw himself from the justice of his should inform the jury of the powers vested country; and can it be imagined that, after in them by the libel bill which bill directs, having surrendered, taken his trial, and obthat they may give a verdict upon the whole tained a verdict acquitting him of all criminamatter put in issue before them—that you lity of intention, he will now fly? It would will tell them this, that, in order to find the be flying from deliverance. defendant guilty, they must affirm every alle- Mr. Bonney proposed defendant's being gation in the indictment to be true; and admitted to bail. that if they disbelieve and negative any one Mr. While. Without consulting those with allegation, they are bound to find the defen- whom I have the honour to act, I will condant, Not Guilty.

sent to let him be at large upon the same bail I submit, that the intention of the party is as bctore. the gift and essence of the crime; and that, Mr. Gurney. Are they here? without a criminal intention, no crime can be Mr. Eaton. They were just now; but they committed; consequently, the jury negativ. are gone. ing the criminal intention of the defendant, Nir. Recorder. Then he must be committed must acquit him of this indictment.

to-night, and brought up to-morrow morning, Mr. Recorder. I think I ought to tell the to be bailed. jury, that, by the libel bill, they are entitled Mr. Vaughan. This is extremely cruel, to give a verdict upon the whole matter in that this man is to be committed to prison at issue before them.

all. Mr. Gurney. If the jury should go out to Mr. White. I thought, without any

authoreconsider their verdict, I beg they may take rity for doing it, I had gone a great way, in out with them a copy of the indictment; consenting to what I did. because I am sure it is impossible for any Mr. Gurney. We are perfectly sensible of man to read the indictment without seeing, your politeness, Mr. White; but we cannot that, if the jury negative the criminality of help feeling the hardship of our client's situathe intention of the defendant, they must ne- tion. cessarily find him, Not Guilty.

Mr. Vaughan. We will find bail in a miMr. l'aughan. I contend, that the verdict nute. One of the bail is returned; and here of the jury is given, and that it is complete is another gentleman who offers himself. and irrevocable.

Mr. White. I will not take any bail, but Jury. We have given our verdict; and the persons who were bail before. For this we persist in it.

reason, I have made inquiry, and am satisfied Mr. Vaughan. The jury persist in their with them. verdict: I apprehend it is your lordship’s

Mr. White then left the Court; directly pleasure that the verdict should be recorded.

after which the defendant was committed to Mr. Recorder. Certainly. Mr. Gurney. The verdict must be re

Newgate, to be brought up next morning, in corded--however unwillingly.

order to be admitted to bail; which he ac

cordingly was. The deputy clerk of the arraigns recorded the verdict, and read it to the jury.

To the original publication of this case, the

defendant subjoined the following reMr. Gurney. Now I submit to your lord

marks : ship, that the defendant must be immediately discharged.

The following sessions commencing, and Mr. Recorder. I certainly shall not dis- neither my attorney nor counsel having recharge him.

ceived any notice respecting the business, on Mr. Gurney. Is this man to be kept in | Wednesday, the 26th of June, my attorney custody, now he is acquitted?

gave notice to the atlorney-general of moving Mr. Recorder. I suppose the prosecutors the Court to discharge my recognizances on do not mean to admit that he is acquitted. the Friday following; to evade which moMr. While. No.

tion, Mr. Attorney General came on the Mr. Gurney. But after a jury of his coun- | Thursday, the day before, well knowing my try have solemnly acquitted him of all crimi- counsel were not in Court, and moved, that pality of intention, it would be an unheard the case might be left to the determination of of cruelty to inflict a punishment upon him. the twelve Judges, till the next term, as ap

a

compound of governments, and in this consists that excellence which the numerous herd of placemen and pensioners so loudly extol, and which at the same time occasions that enormous load of taxes, under which the rest of the nation groans. Among the mass of national delusion, calculated to amuse and impose upon the multitude, the standing one has been that of flattering them into taxes, by calling the government (or as they please to express it, the English constitution), the envy and the admiration of the world; scarcely an address has been voted, in which some of the speakers have not uttered this hackneyed nonsensical falsehood. Two revolutions have taken place, those of America and France, and both of them have rejected the unnatural compounded system of the English government. America has declared against all he

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 kingdom). 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, beaforesaid, further gives the Court here to un- cause it entails upon the nation the unnecesderstand, 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 unihis said majesty, and the government and 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 aforesaid. And the said attorney-general, who prosecutes as aforesaid, gives the Court to understand and be informed, that Daniel Isaac Eaton, late of London, bookseller, well knowing the premises, but being a wicked, malicious, seditious, and evil disposed person, and being greatly disaffected to our said lord the king, and the constitution and government of this kingdom, and wickedly, maliciously, and seditiously contriving, devising, and intending to stir up and excite discontents and seditions among the subjects of our lord the king, and to bring the said proclamation into disregard and contempt amongst his subjects, and to alienate and withdraw the affection, fidelity, and allegiance of his said majesty's subjects, from his said majesty's person and government, and wickedly, maliciously, and seditiously to in-reditary government, and established the resinuate and cause it to be believed by all the liege subjects of our said lord the king, that the constitution and government of this kingdom as by law established, is a system of tyranny, injustice, and oppression, and destructive of the liberties and happiness of his said majesty's subjects, and thereby to stir up and excite his said majesty's subjects to seditious meetings and conventions, and wickedly and seditiously to disturb and destroy the peace, good order, and tranquillity of this kingdom, on the 1st day of February, in the 33rd year of the reign of our lord, the now king, with force and arms at the parish aforesaid, in the ward aforesaid, in London aforesaid, unlawfully, wickedly, maliciously, and seditiously did publish, and cause and procure to be published, a certain wicked, malicious, scandalous and seditious libel, intituled "A Letter addressed to the Addressers on the late Proclamation" (meaning his said majesty's proclamation) in which said libel are contained, amongst other things, divers malicious, scandalous, and seditious matters, of and concerning the constitution of this kingdom, according to the tenor following, that is to say,

"It is a good constitution" (meaning the constitution of this kingdom), " for courtiers, placemen, pensioners, borough-holders, and the leaders of parties, and these are the men

presentative system of government onlyFrance has entirely rejected the aristocratical part, and is now discovering the absurdity of the monarchical, and is approaching fast to the representative system. On what ground then do those men continue a declaration respecting what they call the envy and admiration of other nations, which the voluntary practice of such nations as have had the opportunity of establishing government, contradicts and falsifies? Will such men never confine themselves to truth? Will they be for ever the deceivers of the people?" And in which said libel are contained (among other things) divers other malicious, scandalous and seditious matters of and concerning the constitution of this kingdom, according to the tenor following, that is to say,

"I have asserted and have shown both in the First and Second Rarts of the Rights of Man, that there is not such a thing as an English constitution, and that the people" (meaning the people of England)" have yet a constitution to form." And in which said libel (amongst other things) are contained divers other malicious, scandalous, and seditious matters, of and concerning the constitution of this kingdom, according to the tenor following, that is to say,

It has ever been the craft of courtiers, for

the purpose of keeping up an expensive and enormous civil list, and a mummery of useless and antiquated places and offices at the public expense, to be continually hanging England upon some individual or other, called king, though the man might not have capacity to be a parish constable; the folly and absurdity of this is appearing more and more every day, and still those men continue to act as if no alteration in the public opinion has taken place. They hear each other's nonsense, and suppose the whole nation talks the same gibberish; let such men cry up the House of Orange, or the House of Brunswick, if they please; they would cry up any other house if it suited their purpose, and give as good reasons for it. But what is this house, or that house, or any other house to a nation? For a nation to be free, it is sufficient that she wills it. Her freedom depends wholly upon herself and not on any house, nor on any individual. I ask not in what light this cargo of foreign houses appears to others, but I will say in what light it appears to me. It was like the trees of the forest, saying unto the bramble, "come thou and reign over us." And in which said libel (amongst other things) are contained divers other malicious, scandalous, and seditious matters, of and concerning the constitution and government of this kingdom, and the power and authority of the parliament thereof, according to the tenor following, that is to say,

"I consider there form of parliament," (meaning the parliament of this kingdom)" by an application to parliament" (meaning the parliament of this kingdom) "as proposed by this society to be a worn-out hackneyed subject, about which the nation is tired, and the parties are deceiving each other. It is not a subject that is cognizable before parliament" (meaning the parliament of this kingdom,) "because no government has a right to alter itself either in whole or in part. The right and the exercise of that right appertains to the nation only. And the proper means is by a national convention elected for the purpose by all the people. By this the will of the nation whether to reform, or not, or what the reform shall be, or how far it shall extend will be known, and it cannot be known by any other means. Partial addresses, or separate associations are not testimonies of the general will. It is, however, certain, that the opinions of men with respect to systems and principles of government are changing fast in all countries, the alteration in England within the space of little more than a year, is far greater than could then have been believed, and it is daily and hourly increasing. It moves along the country with the silence of thought. The enormous expense of government" (meaning the government of this kingdom)" has provoked men to think, by making them feel, and the proclamation" (meaning his majesty's said proclamation)" has served to increase jealousy

and disgust. To prevent therefore those commotions which too often and too suddenly arise from suffocated discontents, it is best that the general will should have the full and free opportunity of being publicly ascertained and known." And in which libel are contained (amongst other things) divers other malicious, scandalous and seditious matters of and concerning the representation by the Commons of Great Britain in parliament assembled, and of and concerning the power and authority of the parliament of this kingdom according to the tenor following, that is to say, "I wish that Mr. Grey since he has embarked in the business would take the whole of it into consideration, he will then see that the right of reforming the state of the representation" (meaning representation by the Commons of Great Britain in parliament assembled)" does not reside in parliament" meaning the parliament of Great Britain)" and the only motion he could consistently make, would be that parliament" (meaning the parlianicnt of Great Britain)" should recommend the election of a convention by all the people, because all pay taxes; but whether parlia ment" (meaning the parliament of Great Britain)" recommended it or not, the right of the nation would neither be lessened nor increased thereby." And in which said libel (amongst other things) are contained divers other malicious, scandalous, and seditious matters according to the tenor following, that is to say,

"Instead then of referring to rotten boroughs, and absurd corporations" (meaning boroughs and corporations of this kingdom) "for addresses, or hawking them about the country to be signed by a few dependant tenants, the real and effectual mode would be to come at the point at once, and to ascertain the sense of the nation" (meaning this kingdom), " by electing a national convention," (meaning a convention of the people of this kingdom, otherwise than in parliament assembled).

To the great danger of our happy constitution and government, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity,: Whereupon, the said attorney-general of our said lord the king, who for our said lord the king, in this behalf, prosecuteth prayeth the consideration of the Court here in the premises, and that due process of law may be awarded against him the said Daniel Isaac Eaton, in this behalf, to make him answer to our said lord the king, touching and concerning the premises aforesaid.

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