The Trial of Henry Hetherington Part 2

Gentlemen of the Jury,--I now come to the next point in the argument.

Having, I hope, successfully proved the right of free inquiry and the free publication of opinions, I will proceed to show, by a reference to past events, that it is highly important that this right should be preserved, and handed down to our latest posterity unimpaired.

Gentlemen, it has been a uniform practice, from the earliest records of time, to stigmatize those who introduce new truths, or who attack the existing inst.i.tutions of a country, as infidels, and to fix upon them all sorts of opprobious epithets.

"In all ages _new doctrines_ have been branded as impious; and Christianity itself has offered no exception to this rule. The Greeks and Romans charged Christianity with 'impiety and novelty.' In _Cave's Primitive Christianity_ we are informed 'that the Christians were everywhere accounted a pack of _Atheists_, and their religion _the Atheism._' _They were denominated; 'mountebank impostors,' and 'men of a desperate and unlawful faction.' They were represented as 'destructive and pernicious to human society,' and were accused of 'sacrilege, sedition, and high treason.' The same system of misrepresentation and abuse was practised by the Roman Catholics against the Protestants at the Reformation. Some called their dogs Calvin; and others transformed Calvin into Cain,' In France, 'the old stale calumnies, formerly invented against the first Christians, were again revived by Demochares, a doctor of the Sorbonne, pretending that all the disasters of the state were to be attributed to Protestants alone.'"--*Combe on the Const.i.tution of Man_.

In our own enlightened country, where the importance of truth--and free inquiry as a means of its attainment--is beginning to be appreciated, a different practice should prevail. We ought not to persist in this unmanly course. Recollect, Gentlemen, the Prophets of the Jews were _blasphemers_ against the established religions of their day. Did that deter them from denouncing the idolatry and false religions of the surrounding nations? Elijah is represented as ridiculing the G.o.d of the Moabites in a most offensive manner: "_And it came to pa.s.s at noon, that Elijah mocked them and said, 'Cry aloud: for he is a G.o.d; either he is talking f or he is pursuing, or he is in a journey, or peradventure he sleepeth and must be awaked._'" 1 Kings xviii. 27. And in Judea, Jesus and his Apostles were charged as blasphemers against Judaism, or the religion established by Moses. We have a remarkable proof of this in the case of Stephen, recorded in the 6th and 7th chapters of the Acts of the Apostles.

"And they were not able to resist the wisdom and the spirit by which he spake.

"Then they suborned men, which said, We have heard him speak _blasphemous_ words against Moses, and against G.o.d.

"And they stirred up the people, and the elders, and the scribes, and came upon him, and caught him, and brought him to the council,

"And set up false witnesses, which said, This man ceaseth not to speak blasphemous words against this holy place and the law:

"For we have heard him say that this Jesus of Nazareth shall destroy this place, and shall change the customs which Moses delivered us."--Acts vi, 10--14.

And Stephen defending himself before the Council, boldly asks them,

"Which of the prophets have not your fathers persecuted? And they have slain them which showed before of the coming of the Just One; _of whom ye have_ BEEN NOW THE BETRAYERS AND MURDERERS.

"When they heard these things they were cut to the heart, and they gnashed at him with their teeth.

"And they cried out with a loud voice, and stopped their ears, and ran upon him with one accord,

"And cast him out of the city, and stoned him." Acts vii; 51, 52, 54,57,58.

Now, Gentlemen, is it just or politic that the proclaimers of new truths, and new systems, should be treated in this manner? Would it not be far more rational to hear what a man has to say, and answer him, than to "gnash at him with the teeth," to "stop your ears," to "run at him with one accord," and to "stone him to death?" Can you, Gentlemen, by your verdict give your sanction to a course of proceeding similar to that which deprived Stephen of life? All persecution is the same in spirit--highly unjust and impolitic--whether it be exercised against the Apostle Stephen, or the humble individual who now addresses you.

Gentlemen, the supporters of the established religion in the days of the Apostles, pursued the same course that the bigots of the present day are pursuing. They applied to the High Priest, or to the Attorney-General of that day, to prosecute Stephen for _blasphemy_, and stirred up the people. In the present case the Bishop of Exeter did not stir up the people, but he stirred up the Government. He sent a packet of papers to Lord Normanby, who handed them to the Attorney-General, and he appears to have considered it to be his duty to inst.i.tute the present prosecution. The learned Attorney-General, as was the case with the priests and rulers of the Jews, would not allow any discussion to take place that was likely to change existing customs. I will do the Government the justice to say, however, that I do not believe they are disposed to put a stop to the full investigation of any subject, if conducted with decency. I readily admit that the pa.s.sage in the eighth number of Mr. Haslam's Letters is highly objectionable in phraseology--it is in very bad taste--but is that a reason for sending a bookseller to prison, because he has sold a book written in bad taste?

It cannot be--all published works must be left to the fiat of public opinion to determine their merit.

Gentlemen, the same spirit was evinced by the wicked and corrupt rulers of the Jews against the founder of Christianity. They sought false witnesses against him; but at length, Jesus having spoken out explicitly, the High Priest rent his clothes, saying, "_He hath spoken blasphemy; what further need have we of witnesses? Behold, now ye have heard his blasphemy. What think ye? They answered and said_, *HE is guilty to death.*" (Matt. 26; 65.) Will you, Gentlemen--a Christian Jury--considering Christianity part and parcel of the law of the land, by your verdict say, that Jesus was rightly treated by the Jews? Ought the const.i.tuted authorities of that day to have obstructed the glorious truths of Christianity, and have put to death the Messenger of Man's salvation? Unless you deliver a verdict of acquittal, in my case, you in effect sanction and justify all the cruelties exercised against Jesus and his Apostles by the rulers of the Jews?

The learned Counsel for the prosecution will, perhaps, think that there is no a.n.a.logy between the cases cited and my own case--that Jesus and his Apostles introduced truths of the greatest magnitude and importance, while I am indicted for selling a book that denies the truth of the Jewish Scriptures. Why, Gentlemen, Dr. Adam Clarke says, "There is some reason to fear that they (the Jews) _no longer consider the Old Testament as divinely inspired, but believe that Moses had recourse to pious frauds_." And, Gentlemen, Jesus and his Apostles denied the _truth_ of the Jewish Scriptures--_as understood by the rulers of the Jews_,--and for denying the orthodox and received sense of the Jewish Scriptures were accused of blasphemy, and received the fate of martyrs!

That cannot be disputed. Was it just, then,--was it politic, I ask, to settle this controversy by force and cruelty? To _scourg or imprison, and destroy_ those glorious men who had important truths to impart to the world? If England has embraced Christianity--and we are not a nation of hypocrites--let us act upon the spirit of his religion. He says plainly and emphatically, that we are not to root up error by force or cruelty.

In the parable of the tares of the field, he sets forth our duty. "The Kingdom of Heaven," he says, "is likened unto a man who sowed good seed in his field; but while men slept, his enemy came and sowed tares among the wheat, and went his way. But when the blade was sprung up, and brought forth fruit, there appeared the tares also. So the servants of the householder came and said unto him, Sir, didst thou not sow good seed in thy field? from whence then hath it tares! He said unto them, An enemy hath done this. The servant said unto him, Wilt thou then that we go and gather them up? But he said, _Nay; lest while ye gather up the tares, ye root up also the wheat with them_. *Let both grow together until the harvest.*" Matt, xiii; 25--30.

When his disciples demanded an explanation of this parable, he said, "The field is the world: the good seed are the children of the Kingdom: but the tares are the children of the wicked one: the enemy that sowed them in the devil: the harvest is the end of the world; and the reapers are the Angels. The Son of Man shall send forth his Angels, and They shall gather out of his Kingdom all things that offend, and them which do iniquity." Matt, xiii; 38, 39. 41.

Gentlemen, how unjust and impolitic, then, are these prosecutions. Do they stop the progress of truth? Persecution for matters of opinion is the same in every case--impolitic--for it never yet succeeded in stopping the circulation of a correct opinion or a prohibited book? Why should _Christians_ prosecute men for disbelieving the _Jewish_ Scriptures, when, according to Dr. Adam Clarke, the Jews disbelieve parts of the Old Testament themselves? Why should professed Christians take up and defend that which the Jews themselves reject? Paul, himself, teaches us that the Jewish law has been superseded by a superior system.

He tells us that the Jewish law "was our schoolmaster to bring us unto Christ (or Christianity), but after that we are no longer under a schoolmaster." Gal. iii; 24, 25.

I can a.s.sure the Jury that if Haslam's Letters to the Clergy is an improper book, it cannot be put down by prosecution; it is far better to leave it to coldness and neglect. I could give many proofs of this. I am myself an instance of the inefficacy of prosecution. I have been prosecuted, as I think with great injustice, for the publication of a paper called _The Poor Man's Guardian_. Five hundred men was imprisoned for selling it; I was twice imprisoned, and the circulation of the paper, thus prosecuted, more than paid my losses; but at last, in the Court of Exchequer, before Lord Lyndhurst, the Jury found a verdict in my favour, for I convinced the Jury that the publication was one which was not against the law.

The Attorney-General: The Jury found that it was not a newspaper.

Precisely so: and as soon as it was known that the _Guardian_ was a legal paper, it went down at once. I could not sell copies enough to pay the expenses (a laugh). It has been just the same with these Letters; they have remained unsold till this prosecution, but as soon as it was known that they were prosecuted, the man who published them could not print them fast enough.

Gentlemen, the enlightened Christians of the present day, by sending out Missionaries to propagate Christianity, are guilty of blasphemy against the established religion of heathen countries. It would be considered in England very unjust and cruel if the natives were to seize our Missionaries, and imprison and ill-treat them. If in this country we are in the habit of sending out Missionaries to proclaim new truths to foreign countries--is it not grossly inconsistent and unjust, while doing this, to punish persons for free investigation at home? In a recent case, cannon have been fired upon the natives of one of the Tonga Islands, because they would not receive these Missionaries. The argument of these Christians is, that truth must be propagated all over the world--but why stop inquiry at home, while suffering a British man-of-war to fire upon these islanders, because they would not receive the new truths of the Missionaries in the way they wished? Is it wise--is it not highly impolitic, then, to attempt to check the progress of intellect and human improvement? Can it be done by persecution and imprisonment? No, Gentlemen, the spirit of inquiry is abroad among the industrious millions--no subject is too sacred for their investigation.

The mind has burst the fetters imposed on it, in the days of by-gone ignorance, by the cupidity of interested and hypocritical priests, who are fully aware that their principles and practices cannot stand the test of free inquiry. Even Mr. Wesley, the founder of Methodism, saw that his darling system must ultimately fall before the searching eye of philosophy and truth.

_From the Life of the Rev. John Wesley, published in 1792_.

"Dear Sir,--For your obliging letter, which I received this morning, I return you thanks.

"Our opinions, for the most part, perfectly coincide respecting the stability of the connexion after my head is laid in the dust. This, however, is a subject about which I am not so anxious as you seem to imagine; on the contrary, it is a matter of the utmost indifference to me, as I have-long foreseen that a division must necessarily ensue, from causes so various, unavoidable, and certain, that I have long since given up all thoughts and hopes of settling it on a permanent foundation. You do not seem to be aware of the most effective cause that will bring about a division. You apprehend the most serious consequences from a struggle between the preachers for power and pre-eminence, and there being none among them of sufficient authority or abilities to support the dignity, or command the respect, and exact the implicit obedience, which is so necessary to uphold our const.i.tution on its present principles. This, most undoubtedly, is one thing that will operate very powerfully against unity in the connexion, and is, perhaps, what I might possibly have prevented, had not a still greater difficulty arisen in my mind. I have often wished for some person of abilities to succeed me as the head of the church I have, with such indefatigable pains and astonishing success, established; but, convinced that none but very superior abilities would be equal to the undertaking, was I to adopt a successor of this description, I fear he might gain so much influence among the people as to usurp a share, if not the whole, of that absolute and uncontrollable power which I have hitherto, and am determined I will maintain so long as I live: never will I bear a rival near my throne. You, no doubt, see the policy of continually changing the preachers from one circuit to another, at short periods: for should any of them become popular with their different congregations, and insinuate themselves into the favour of their hearers, they might possibly obtain such influence as to establish themselves independently of me and the general connexion. Besides, the novelty of the continual change excites curiosity, and is the more necessary, as few of our preachers have abilities to render themselves in any degree tolerable any longer than they are now.

"The princ.i.p.al cause which will inevitably effect a diminution and division in the connexion after my death, wilt be the failure of subscriptions and contributions towards the support of the cause; for money is as much the sinews of religious as of military power. If it is with the greatest difficulty that even I can keep them together, for want of this very necessary article, I think no one else can. Another cause, which, with others, will effect the division, is the disputes and contentions that will arise between the preachers and the parties that will espouse their several causes; by which means much truth will be brought to light, which will reflect so much to their disadvantage, that the eyes of the people will be opened to see their motives and principles; nor will they any longer contribute to their support, when they find all their pretensions to sanct.i.ty and love are founded on motives of interest and ambition. The consequence of which will be, a few of the most popular will establish themselves in the respective places where they have gained sufficient influence over the minds of the people: the rest must revert to their original humble callings. But this no way concerns me: I have attained the object of my views, by establishing a name that will not soon perish from the face of the earth; I have founded a sect which will boast my name long after my discipline and doctrines are forgotten.

"My character and reputation for sanct.i.ty is now beyond the reach of calumny; nor will any thing that may hereafter come to light, or be said concerning me, to my prejudice, however true, gain credit.

_"'My unsoiled name, the austereness of my life,_ _Will vouch against it,_ _And so the accusation overweigh_ _That it will stifle in its own report,_ _And smell of calumny.'_

"Another cause that will operate more powerfully and effectually than any of the preceding is, the rays of Philosophy, which begin now to pervade all ranks, rapidly dispelling the mists of ignorance, which have been long, in a great degree, the mother of devotion, of slavish prejudice, and the enthusiastic bigotry of religious opinions. The decline of the Papal power is owing to the same irresistible cause; nor can it be supposed that Methodism can stand its ground when brought to the test of Truth, Reason, and Philosophy."

"City-road, Thursday morning. J. W." (1)

1. As my defence had extended to a great length, I was anxious to spare the time of the Jury, and did not, therefore, trouble them with the whole of this letter. I merely described the nature of it, and read the last paragraph, being the only portion applicable to my purpose; but as I deem the letter a valuable curiosity, and worthy of preservation, I have inserted it entire.

Gentlemen, you see Mr. Wesley antic.i.p.ated that his system must yield to philosophy, and do you believe the Church of England can stand when brought to the test of "truth, reason* and philosophy?" A church that will keep a man in prison nearly two years for 5s. 6d. church-rates? If you suppress Biblical examination, and the free publication of opinion, the next step will be to stop inquiry into the _practices_ of the Church, and to make us all the fettered slaves of the priesthood. No, Gentlemen; Methodism and Church-of-Englandism are doomed to fall; and such will be the fate of all systems not based upon the rock of truth.

But, Gentlemen, that is no reason for suppressing inquiry, because the more the truth is investigated, the more beautiful it will appear.

Gentlemen, has not our country raised itself to the highest pinnacle of human greatness as regards civilization and the arts? What rapid strides--what useful discoveries it has made in the arts and sciences!

Consider its vast achievements in steam navigation--in railroad travelling--in the improvement of machinery. To such perfection have they brought machinery, that it is now almost capable of superseding human labour altogether. If all these magnificent improvements in the arts and sciences are good to society, and have resulted from free inquiry--why hesitate to apply it to social, religious, and political subjects? Are we ever to remain drivellers in religion? The true crime is that Haslam's Letters are sold at a penny. Why should two-guinea blasphemers be tolerated and penny ones prosecuted? How can the learned Attorney-General, whose shelves are, doubtless, adorned with Drummond's Academical Questions, Voltaire, Gibbon, Volney, and Sh.e.l.ley, uphold this prosecution; and what must that law be which can find the crime, not in the contents of the book, but in the fact of its being sold for a penny?

They might for two guineas buy a magnificent book full of blasphemy. The Attorney-General, in his opening speech, had told the Jury that such works were "dangerous to society if addressed to the _vulgar, the uneducated_, and the _unthinking_" but I will appeal to his own witness, who had read the book, and on whom, an uneducated man, it had proved inoperative. It had done no mischief: and I hope the Jury will not consign me to a dungeon for having sold a book which it has been proved by his own witness has done no mischief. Paul said the Baereans were more n.o.ble than those of Thessalonica, because they searched the Scriptures daily to see whether these things were so or not. The Attorney-General is about to punish me for doing the same thing. Christ himself said, the truth shall make you free; but the Attorney-General says the truth--or that which you believe to be the truth--shall make you a prisoner. In the parable of the tares, to which I have already referred, Jesus expressly forbade the rooting up of the tares, lest the wheat should be rooted up also. He did not recommend persecution, but said let them both grow together until the harvest. These pa.s.sages are sufficient to show that persecution is opposed to the whole spirit of Christianity.

Gentlemen, I will now call your attention to the law on the subject. In entering upon this topic, of course I shall labour under a great disadvantage, because I am unacquainted with legal technicalities and cases. I will commence, therefore, by reading to you the opinion of Chief Baron Eyre, in his Charge to the Grand Jury, on the commission for the trial of persons on the charge of High Treason, in 1794, in the course of which he made use of these liberal expressions:--

"All men may, nay, all men must, if they possess the faculty of thinking, reason upon every thing which sufficiently interests them to become objects of their attention; and among the objects of attention of freemen, the principles of government, the const.i.tution of particular governments, and, above all, the const.i.tution of the government under which they live, will naturally engage attention, and provoke speculation. _The power of communication of thoughts and opinions is the gift of G.o.d; and the freedom of it is the source of all science_--the first fruits, and the ultimate happiness of all society; and therefore, it seems to follow, _that human laws ought not to interpose, nay, cannot interpose, to prevent the communication of sentiment and opinions, in voluntary a.s.semblies of men._"

Here, Gentlemen, we have an eminent legal authority, in addition to the Bishops I have quoted, who declares that "human laws _ought not to inter-pose_, nay, cannot interpose, _to prevent the communication qf sentiment, and opinion_." Under what law then can I be condemned? This prosecution goes a step further than any other has gone; it in effect declares that you shall not dispute the truth of the Jewish Scriptures, which I have already shown are superseded by the introduction of Christianity. Paul declares that the Jewish law was only intended to be our schoolmaster to bring us to Christianity; but if Christianity, as is a.s.serted, be part and parcel of the low of England, even then this prosecution has not a log to stand upon. In the "Life and Correspondence of Major Cartwright," however, there is a letter from Jefferson, himself an eminent lawyer, and President of the United States of America, who had deeply studied the laws of England, in which he has proved the fallacy of the notion that Christianity is part of the common law, by showing that the common law had existed long before Christianity was introduced into this country; and that the axiom had its origin and foundation in a misquotation and mistranslation of a decision of Justice Prisot, recorded in the Year Book, subst.i.tuting the words _Holy Scriptures_ for _Ancient Scriptures_. Jefferson denominates it a "judiciary forgery," and I hope your Lordship will to-day confirm Jefferson's view, and put an end to this illegal iniquity.

Gentlemen, the pa.s.sage I am about to quote from Jefferson's letter to Major Cartwright, contains the opinion of Justice Prisot, in old French, but I have procured a literal and a free translation, which I will read to the Jury. Your Lordship can refer to the original in the Year Book.

"I was glad to find, in your book, a formal contradiction, at length, of the judiciary usurpation of legislative powers; for such the judges have usurped in their repeated decisions that Christianity is a part of the common law. The proof of the contrary which you have adduced is incontrovertible; to wit, that the common law existed while the Anglo-Saxons were yet Pagans; at a time when they had never yet heard the name of Christ p.r.o.nounced, or knew that such a character had ever existed. But it may amuse you to show when, and by what means, they stole this law in upon us. In a case of quare impedit, in the year-book, 34 H. 6, fo. 38, (1458,) a question was made, how far the ecclesiastical law was to be respected in a common law court? And Justice Prisot, c. 5, gives his opinion in these words:--

"'A tiel leis que ils de seint eglise ont en _ancien scripture_, covient

"'_To such laws which they of the holy church have in ancient writing, it is proper_

a nous a donner credence; car ceo common ley sur quels touts manners

_for us to give credence; because that is the common law on which all sorts of leis_

sont lor des--et auxy, Sir, nous sumus obliges de conustre leur ley de saint

_laws are founded--and thus, Sir, we are obliged to know their law of the holy_