The Battle of The Press Part 3

Sherwin and Mr. Julian Augustus St. John a.s.sumed the responsibility of the publication of the _Republican_. Mr. William Hone, who had been lately acquitted of a similar charge, a.s.sisted Carlile in the construction of the third day's defence, and in this connection the following letter from the _Morning Chronicle_, October 15th, 1819, becomes amusing:--

"Sir,--Perceiving in your paper of this morning that my name is introduced in a manner calculated to lead the public to believe that I was instrumental in preparing the defence of Mr. Carlile, on his trial for publishing 'Paine's Age of Reason', I request that you will afford your readers an opportunity of knowing the true state of the case.

Having been present in court as an auditor, I was earnestly solicited at the close of the second day, by several friends to the liberty of the Press, to point out, in conjunction with two literary gentlemen, those authors who had written the most ably in defence of toleration and unrestricted freedom of opinion on religious subjects, and to mark the pa.s.sages. This I a.s.sented to, nor do I apprehend that such a request would have been refused by a liberal-minded man, or that the most scrupulous would have found fault with me for so doing. I accordingly arranged, as well as I could in a few hours the next morning, a connected series of quotations from Archbishop Tillotson, 'Bishop Squire', Doctor Furneaux, Bishop Watson, Professor Limborch, Professor Campbell, Mr. Locke, Doctor Enfield, the Rev. Mr. Wyvil, Rev. Mr.

Aspland, 'the Christian Reformer,' and other authorities of equal weight and tendency. This was read by Mr. Carlile on the third day with interpolations of his own, and this with the loan of 'Erasmus ', Miltosermons and pamphlets, const.i.tuted the whole of my exertions on this n's 'Areopogetica', De Laume on Non-conformity, a volume of 'Blackstone', a tract by Lord Somers, and a few extraordinary occasion.

"Your obedient servant,

"45, Ludgate Hill.

"William Hone."

One would naturally ask what more he could have done. However, what he did was equally creditable to his heart as to his head. The original doc.u.ments are in my possession. Most of them are in Mr. Hone's handwriting, the rest are in a beautiful text, evidently that of "the literary gentlemen" who a.s.sisted in the hurried task.

At the time of the sentence a threat was conveyed to Carlile that his wife would be informed against, to which he responded:--

"Your threats, my lords, to file a criminal information against Mrs.

Carlile, cannot change my course, sorry as I am that I cannot take the responsibility and the consequent pains and penalties on myself. I am satisfied that my wife possesses sufficient virtue and good sense to realise my wishes, and pursue my directions, and these are that she should proceed in the usual manner as I have done, and suppress nothing."

At the conclusion of the trial and previous to the sentence, a bishop (name not given) sent a pet.i.tion, an open pet.i.tion to the authorities, to the editor of the _Observer_, a Mr. Clement, accompanied by a hundred pounds. This paper was published in two or three parts on as many Sundays, previous to the sentencing of Carlile, and which no doubt had its effect on the Christian Judge Bailey. One of the recommendations of that pet.i.tion was the following: "The patient is maddened by a slow poison, is below human nature, and beyond human remedy; his language is raving, and for the common safety of mankind he must be fettered till he dies." One of the Dorchester clerical magistrates was anxious to proceed practically with this recommendation. This pet.i.tion also recommended the fining of the prisoner 3,000, by way of making the real fine of 1,500 look like a mere trifle.

The Rev. George Somers Clarke, D.D., Vicar of Great Waltham, was confined in the old jail of Ess.e.x for contempt of the Ecclesiastical Court, and insisted on remaining there the rest of his life. This gentleman sent Carlile a ten pound note ($50) just before the trial, and volunteered the following evidence, "That having been the tutor at college of the Lord Chief Justice Abbott, would testify that he himself was a Deist; and that as the Bible was now translated and received, Thomas Paine was justified in writing his 'Age of Reason'." This learned reverend came into court with rolls of Hebrew, Arabic, and all sorts of ancient Scriptures, but the wily Chief Justice would not allow him to be examined.

Carlile's knowledge of the fact that the Attorney-General was himself an acknowledged Deist gives point to the sarcasm that Carlile addressed to him which otherwise would be tame; he actually helped to prosecute a man for professing the same doctrines which he himself held.

"Letters from St. Petersburg to the 30th of November state that the Emperor Alexander of Russia, apprehensive that the morals of his people would be injured by their reading the account of Carlile's Trials, had given directions to the police to prevent the introduction of all the English newspapers containing it."--_London Times_, Dec. 29th, 1819.

As a straw shows the way the wind blows, so this little report shows the apprehension of crowned heads that some one or more of their subjects might see something to admire and follow in Carlile's example. Else why such measures?

CHAPTER VI. TAKEN TO PRISON

Carlile was sentenced to three years' imprisonment and a fine of 1,500.

Almost as soon as the sentence was pa.s.sed, Carlile was handcuffed and taken in the dead of night to Dorchester Gaol, some 130 miles from London. He was not allowed to see his wife or children, nor to communicate with his friends. As soon as they had him safely locked up, the authorities made a descent upon the Fleet Street shop, seized upon the entire stock and furniture, and closed it from business. This seizure was made ostensibly to secure the fines, but really to cripple Carlile so that he could never pay them, and thus they could keep him in perpetual imprisonment. For if he had been allowed to retain his stock and profitable business, he could have paid his fine of 1,500 ($7,500) before his term of imprisonment expired; but the plan was to cripple him past recovery. The goods seized were mostly books and pamphlets, which would have brought him 2,000 ($10,000) in the ordinary way of sale.

This confiscation was no part of his sentence, be it remembered, but an afterthought, and was performed by the power of might over right.

This stock was thrown into a damp cellar or warehouse, and practically ruined. His wife and children would have been rendered helpless and impoverished had not Carlile cautioned his wife some time before to prepare for the worst, and to reserve a portion of the money resulting from the large sales during the trials for herself and children. They would have been reduced to actual want, for the officers even took the money found in the money-drawer, although not one dollar resulting from this seizure was ever allowed in mitigation of his fines. The most trying part of the sentence to Carlile was that he was only allowed to take exercise in the open air for half an hour each day, or one hour every other day, at the discretion of the jailer; and even for this half-hour he was to be taken out by the jailer as an animal might be led out at a show for outsiders to gaze at. This was too much for the spirit of Carlile to endure; he absolutely refused to leave his room in any such a manner, and as a consequence remained in his room for two years and a half without ever leaving it, rather than submit to such an insult. This will give the reader an idea of the indomitable spirit of the man. After this length of time he succeeded in getting this part of the sentence set aside, and he was allowed to walk out into the prison enclosure at his pleasure and very much to the improvement of his health. About a year after his incarceration, on reading of the treatment of Henry Hunt in Ilchester Gaol, he writes:--

"I have seen enough of gaols to be fully alive to the painful situation of Mr. Hunt, and since I have read of his present restrictions, I begin to feel myself in a palace, instead of a prison, or Bastille, as I occasionally call it. I am the better pleased with my treatment at this moment, as yesterday I was allowed to see a friend in my room for the first time, and I may add that now my sisters and my wife and children are allowed to visit me during the hours of nine to four each day. My room is large, light and airy, and far excels the state rooms of the King's Bench Prison. I have a sink and water-pipe and complete water-closet attached to the room, so that having provided myself with the necessary apparatus for both hot and cold baths, I have the enjoyment, nay, the luxury of these at pleasure; but when I mention my room and my baths, I can go no further, for the way in which I am locked up seems to me to be ridiculous, and I have had the honor to be a prisoner in the King's Bench Prison, in Newgate, in Giltspur Street Compter, and in the houses of the sheriffs officers (not for debt, but for libel). On entering the prison I told the keeper that as far as money would go to make me comfortable I would spend, but I was immediately informed that all money would do for me was to obtain me a good dinner _from_, not _at_ the Governor's table. I viewed this as a secondary object, as I was ever careless about my food so that it was wholesome and sufficient. I also learned that all the fear was that of my corrupting the inmates of this most respectable place. I resolved then to economise and to teach temperance by example, and this I have done to their surprise, for I have shown them that a man with a contented mind and no labor, has need of but a small quant.i.ty of food to keep fat and in good health. Such has been the solitude of my confinement in this prison, and so little conversation have I had, that, on attempting to speak, I have in a manner found my voice gone, and have been obliged to make a great effort to be heard. I have a couch which forms a sofa-chair, and on which I consider that I lie sleeping, reading or thinking on an average sixteen hours a day, and I walk about the room or sit in a chair as a relief, excepting the few hours I spend at the writing desk. I am sensible that this is a bad habit, but I have no alternative. As my situation is at present I am quite comfortable, and I attribute the closeness of my confinement to the pretended horror which clerical and fanatical magistrates profess to feel at what they call sedition and blasphemy."

To add to the sorrows of this time came the news of the death of his mother. Carlile had always been a most loving and dutiful son, and he was deeply grieved. He realised fully that her death had been hastened if not caused by his present situation, and in the following letter one can trace the deep concern and regret which he felt. "The bravest are the tenderest. The loving are the daring."

"Dorchester Gaol, March 27th, 1820.

"Mr. A. Morrison,

"Dear Sir,--Soon after I received your parcel, and before I had determined how or when I should convey an answer to you, the post brought me the painful intelligence of the death of my mother. I was in a measure prepared for it, as I felt certain her vital energies were quite exhausted. On perceiving the letter sealed with black I threw it aside, and for four hours could not summon resolution enough to open it. But that painful moment has pa.s.sed, and I shall only look back to express my grat.i.tude to you and to Mrs. Morrison for the well-timed relief and consolation my mother has received at your hands since my confinement. I had hoped that her life might have extended a few years, that she might have witnessed the result of my present career, as I fear that as far as it has gone it has given her nothing but pain. I feel it to be a duty I owe you to thus publicly, as I have the means, to say that it is my firm belief that my mother would not have survived the first shock of my sentence and its consequence had you not poured the balm of consolation into her bosom. She could see no other source of dependence than myself, and I do not think she would have survived the first few hours that were necessary to convince her that all was not lost. Your kindness to me was more than friendship; you were not of the many hundreds who came to me in my prosperity to shake hands, to hold out specious promises, that I might command your services if ever I had need of them. You, of all my professed friends, you alone held out your hand to me when in prison, where our first interview took place. When I fell among thieves you were the good Samaritan. As my prospects began to look more cheerful, I had hoped that my mother would have lived a few years longer, that she might have felt the pleasure of that filial affection I have always felt disposed to extend to her both as my duty and my pride whenever I have had the means. It gives me pleasure to know that she fell calmly asleep, untortured by priests or superst.i.tious notions. I consider it a duty not to look back except for grat.i.tude or experience, and in doing this I feel that I am rivetted in my esteem of your friendship, and while we live I shall consider myself your debtor.

"I am, Sir,

"Yours with respect,

"Richard Carlile."

This gentleman and his wife were the first to send a contribution to Carlile in prison of 10 ($50), and continued their subscription under the name of "Alexander and Jane Littlehelp". These two most generous friends helped almost everyone who was persecuted for opinion's sake in the same bountiful manner. Mr. Morrison and Carlile were still corresponding as late as 1840, when Mr. Morrison died.

Carlile improved the opportunity of his life, i.e., his prison life, by a very thorough study of the origin of religions, more particularly that of the Christian religion. He procured by purchase or loan every known authority, and made himself the master of the subject. He perfected himself in grammar and in handwriting, having a complete system of this sent to him at Dorchester Gaol; and later when he was allowed visitors, had a writing-master come to the prison to instruct him. Some of his letters still extant, and which were written before his final illness, look almost like copperplate engraving. He also studied theology, political economy, history, phrenology, literature, etc. He turned the quiet and solitude of the gaol to good account. He conducted two weekly papers through the greater part of his term, and kept up a large and varied correspondence, besides making a thorough and critical digest and condensation of the old and new Testament in reply to the Rev. Thomas Hartwell Home's pamphlet on "Deism Refuted". This digest is to-day as useful and time-saving as ever to the student and seeker after truth. It was during the early year of this, his memorable imprisonment, that the disgraceful attempt to destroy Queen Caroline was made. This was the blackest of all the many villainies which were allowed to disgrace the reign of the Georges 3rd and 4th. Carlile espoused her cause from the first, not because she was a queen, but because she was a grossly maligned and persecuted woman. There were few who dared to declare themselves openly to be her defenders. Carlile used his pen with fearless vigor in her behalf, and did not hesitate to use the words of forceful truth against her persecutors. Having the confidence of many thousands of his own readers, he could, and did, do much to create the popular feeling and uprising of the people in her defence, to the everlasting dismay of her enemies, and of whom, next to her husband, the notorious Castlereagh was at the head. The story of this unhappy Queen is most pathetic as portrayed from week to week in the _Republican_, and of itself would, and no doubt has, filled the pages of more than one book. Yet the open defeat of her enemies and the complete exoneration of herself from all the villainous charges brought against her, did not ensure her either a peaceful or a long life. There were more ways than one of disposing of a person who stood in the way, however innocently, of designing persons, and she paid the penalty of her position in spite of her popularity.

The events occurring in Spain at that time, and the attempts that were then and there made for a free and representative government, gave subject and opportunity for many lively editorials on Carlile's favorite subject, "Republicanism", and left him, as he said, "neither an idle nor a dull moment, nor one to spare". To add to his duties and anxieties came frequent annoyances to Mrs. Carlile from the authorities in the form of threats of prosecution. She was frequently arrested, but her trials were as frequently postponed from time to time, only making matters more aggravating by their uncertainty. They were finally brought to an issue, and were laconically announced in the _Republican_ thus:--"Trial of Mrs. Carlile. Verdict, as usual, Guilty!"

All these publications for which she was sentenced had been on sale for a long time without interference, except the twopenny "Mock Trial"

sheets, and thousands were sold without any complaints being heard about them. The trouble was that Carlile's persecutors had fondly and foolishly thought that they had effectually silenced him for ever; and when the place at Fleet Street was reopened, and the business revived and carried on as briskly as ever, they were really at a loss to know what to do at first. It would never do to keep him in prison and allow the business for which he was punished to go on unmolested; so they proceeded against the wife as we have seen, and got judgment against her. Next they proceeded against the shopman, Mr. Davison, and got a judgment against him and sentence of imprisonment. But now comes Carlile's sister, Mary Ann Carlile, who had been quietly at work making herself familiar with the details of the business, so as to be able to take _her_ place in the list of persecutions for opinion's sake, and letters began to pour in upon Carlile from scores of young people offering to supply the place of those removed, and in a very short time he had a long list of names of volunteers, ready for business or prosecution, it mattered not which.

CHAPTER VI. SIR ROBERT GIFFORD AND THE ODIOUS "SIX ACTS"

As briefly set forth in a letter to Sir Robert Gifford, January 14th, 1820, on the new Acts of the Legislature intended to expel even the shade of liberty from this country (England):--

"My Learned Friend,

"I venture to address you by that common epithet so-much in vogue with those who profess to be opposed to each other in courts of law, and I pledge my word to you with just the same feeling.

My views are not so confined, nor my mind so narrow, as to imagine that you have inflicted an injury upon me beyond the period of my confinement; on the contrary, I reflect with pleasure on all that is past, and congratulate myself that by your a.s.sistance I have sown the seeds of my future prosperity. The prominent part you have taken in bringing forward and supporting the late Acts of Parliament under the auspices of your patron and preceptor, Lord Castlereagh, has induced me to address you on their several bearings, and to show you how far they may be nullified. Let me first premise that, under the present state of public opinion, their nature and character is such as to render them short-lived. I will commence with 'The Traverse Bill', which is admitted on all hands to be the least obnoxious, as one clause of it has enacted a real benefit by taking away from your office that arbitrary and capricious power of suspending prosecutions over the heads of individuals to any length of time. In consequence of this Act, I shall have the satisfaction of making you acknowledge the abandonment of at least four informations that have been suspended over my head ever since the Michaelmas term 1817, or of bringing them immediately to trial.

How far I shall succeed in making you give up or proceed with those half-dozen, or dozen others of later date, remains to be seen. I cannot quit this subject without saying that it will give me much pleasure to meet you often in the Court of King's Bench, and hope that your known dissent from the hypocritical professions of the day will further induce you to promulgate those sentiments that _you_ privately and I publicly espouse. With respect to the intended effect of the Traverse Bill. As to accelerating trials for misdemeanors, there is some ground for complaint, because equal justice is not given to plaintiff and defendant to hasten on his trial, and for this the Bill has not provided; whilst on the other hand, he is debarred from the benefit of a delay. The excuse set up for this part of the Bill was, that I had protracted the time of my trial for near twelve months. This, Sir Robert, you know to be false, the delay was on your part, and on the part of your predecessor. I am inclined to believe that prior to the 16th of August, my prosecution was in some measure abandoned. Having been present at the Manchester meeting and narrowly escaped the sabres of the yeomanry, and got better through the truncheons of Nadin and his gang than some of the other attendants of that meeting; and lastly, having eluded the vigilance and search of the magistrates of that lawless town, I came to London and told the plain, unvarnished tale of the ma.s.sacre committed by the yeomanry at the instigation of the magistrates. The necessity for getting rid of me was immediately resolved upon, that I might not in any instance give evidence on that subject. First, the project of bringing a charge of high treason against me was discussed and as soon abandoned, and the trial for the high-sounding charge of 'Blasphemy' agreed on, for the double purpose of getting rid of me as an evidence and of drawing the public attention from the Manchester affair. The Traverse Bill, considered in its proper character, is merely a clause of 'the Blasphemous and seditious Libel Bill' put into a different shape, to hide the severity of the latter. 'The search for Arms Bill' and the 'Drilling and Training Bill' are enactments of the most hideous character, which nothing but the guilty fears of its projectors could have produced. The latter should have been ent.i.tled 'An Act for the encouragement of private malice'. 'The Seditious Meeting Bill' is another of those destructive measures that has brought England on a level with Algiers. The Bills relating to the Press are now to be considered. It is with those, Sir Robert, you have given us a specimen of your disposition to annihilate the liberty of the Press altogether, for we must look on those Bills, not as the act of Parliament, but as the act of the Attorney-General. I shall therefore proceed to make my observations on them, and begin with that which is intended to increase the punishment for whatever you may be pleased to call blasphemous or seditious libel."

After giving the first, second, and third clauses of the Bill, he comes to the fourth clause, which empowers the judges or magistrates who shall preside at the second conviction of the individuals for either blasphemous or seditious libel to use their discretion (!) in fining and imprisoning such individuals or of banishing them from the country.

The fifth clause enacts that a person so sentenced to banishment shall leave the country within thirty days, or in default thereof he will be seized and sent to such a place as the Government may propose.

The sixth clause makes liable to transportation to Botany Bay, the Hulks, or to similar penalty the individual who should be found in any part of the British dominions within the term of his banishment. The letter continues:--

"The last and most important Act is now to be considered, which is ent.i.tled, 'An act to subject certain publications to the duties of stamps upon newspapers, and to make other regulations for restraining the abuses arising from the publication of blasphemous and seditious libels', but is, in fact, an imposition of a duty on political knowledge and information, for the better preservation of ignorance amongst the laboring cla.s.ses. There are some very unfair exceptions in this Act; for instance, every pamphlet written in defence of the Christian religion is exempt from the duty imposed by this Act, whilst every answer coming within the quant.i.ty of paper and price prescribed, is subject to it. For instance, Dr. Rudge* might address me on the evidences of the Christian religion in the _Christian Champion_ for fourpence (8 cents), but I could not answer him in the _Republican_ for less than sixpence (12 cents). These, Sir Robert, are your deeds, and they are worthy of you, for apostasy is always desperate and vicious in proportion to its former profession, while consistency at the same time becomes its mirror and object of attack.

* Dr. Rudge was a clergyman of the Established Church who sent Carlile Soame Jenyns' "View of the Internal Evidence of the Christian Religion" shortly before his sentence. A long correspondence was kept up between Carlile and the Doctor, which was published in the _Republican_.

What view your former patron had in pushing you forward is not for me to say, whether he was anxious to find an Attorney-General who should outstrip him in infamy whilst filling that office is best known to himself; but certainly, if that was his object, he has succeeded well.

Your profession is certainly one that gives native genius an opportunity of displaying itself, and with a corresponding degree of spirit to reach the highest and most important offices of the State. Perhaps there never was an instance before of so young a man as yourself, or one who has been so short a time at the Bar, reaching the office you now fill, and on hearing your name announced for the office of Attorney-General I, with many others, was astonished at the promotion, knowing you by name only, as the man who was horsewhipped by Mr. Gurney, of Stannery Court notoriety, and your bringing a suit against him. In London you certainly were a briefless barrister. It was supposed that some one had discovered some lurking talent in you, and had been generous enough to push you forward. But how great was the surprise to find that you were dest.i.tute of talent as a lawyer, of grace as an orator, and of dignity as an officer of State. There are those who have affirmed that n.o.ble minds can proceed only from n.o.ble birth; as far as you are the object in view, this maxim is certainly verified, but it must be admitted that history affords us many exceptions to this rule. You, Sir Robert, in the absence of talent and of every requisite for your office and profession, have been fortunate enough to make up the deficiency by the a.s.sistance of a powerful friend. If Sir Vicary Gibbs had possessed no other personal means of bringing him out of Devonshire, and the western circuit, than Sir Robert Gilford possesses, both would have remained there to this day, the one a worn-out barrister, the other an attorney's clerk.

But fortunately for you, your father had the means as a tradesman of a.s.sisting Sir Vicary Gibbs when in a state of penury, and a part of the contract was that you should be pinned on to his tail.

"R. Carlile.

"Dorchester Gaol,

"Jan. 10th 1820."

In a later letter to Sir Robert Gifford, Carlile says in a postcript:--

"I begin to fear that you and I shall never meet again in Guildhall. I mean to occupy the whole time of my imprisonment in preparing myself for the next defence of the 'Age of Reason'. If ever we meet again (in Court), I shall certainly detain you a month. I had calculated on at least ten days before, instead of three. But I had not studied my subject in the slightest degree; I kept everything to my natural feelings and a few hours' arrangement of books. I suffered myself, and foolishly, to be brow-beaten by Abbott. But the next time I will either make my defence or drive him out of Court, or he shall remove _me_ from Court to finish the case."