The renewal of a series of Government prosecutions for alleged blasphemy, will justify me in accompanying the publication of the foregoing trial with a few words of comment. The points upon which I deem it my duty to animadvert--are the conduct of the Government, the Attorney-General, and the Jury. I consider that the Government have acted towards me, in this prosecution, in a very unjustifiable manner. They first placed Mr. Cleave on his trial for selling the fifth, eighth, and thirteenth numbers of Haslam's Letters. He pleaded Not Guilty, but was convicted (after an able and convincing speech from his-Counsel, Mr. Chambers), by as stupid a Jury as ever sat in judgment on an honest man. The Judge sentenced him to four months' imprisonment, and a fine of £20. Such was the force of public opinion, however, on the injustice and impolicy of such prosecutions, that Mr. Cleave was liberated, upon paying the fine, after five weeks' imprisonment. The trial of Mr. Heywood, the original publisher, came next. His known integrity and respectability had attached to him many influential friends, who represented to the Government the folly and injustice of these proceedings, and Lord Normanby at length yielded to their importunities, by agreeing, on condition that he pleaded guilty, that Mr. Heywood's prosecution should proceed no further. Mr. Heywood complied, and was left at liberty, on entering into his own recognizances, to appear when called upon. Public opinion unequivocally declared that such prosecutions were indefensible, and it was very generally believed that the Government would abandon them from a conviction of their injustice and impolicy. Instead of which they proceeded against me for selling the same numbers of the identical work that Messrs. Cleave and Heywood had been prosecuted for selling, though the punishment of Mr. Cleave was remitted, and the Government compounded blasphemy in the case of Mr. Heywood. To injure and annoy honest and industrious tradesmen, because the author of a book has in two or three instances expressed his ideas in vulgar and objectionable phraseology, is unworthy of an enlightened Government. I feel pity for the Jury who could ignorantly pronounce a verdict of guilty against a man who never wilfully injured a fellow-creature, merely because he had sold a book that combated the established opinions of the day; but I entertain very different sentiments against the Government that could institute and carry forward prosecutions of this nature, when, from their superior knowledge, they must be fully aware of the iniquity of their proceedings. They encourage "reason and free inquiry," while it favours their objects; and they persecute and ruin all those, who, by the exercise of reason and free inquiry, arrive at conclusions adverse to the established opinions of society. The time has passed, however, for a renewal of persecution for matters of opinion. No Government can stand that will attempt it; and I tell Her Majesty's Government, that when they interfere with the religious or anti-religious opinions of the people, they step out of their province,--and to inflict punishment upon either the original publisher or the general bookseller, who supplies all works to order, for the opinions contained in the works they respectively publish or sell, is an odious act of tyranny that good men of every opinion should denounce and oppose. I, for one, will never sanction or submit to such tyranny. Whether any and what sentence will be passed upon me I know not; but I have made up my mind that I will maintain, at all risks, and under every privation, to the utmost extent of my ability and means, the right of all men to freely publish their opinions upon every subject of general interest--whether social, political, or religious; aye, or anti-religious,--and if the Government would receive a suggestion from me, I would suggest to them to take their stand on this glorious principle--perfect freedom is the formation AS PUBLICATION OF OPINIONS FOR EVERY SECT AND PARTY. That is the most effectual way to elicit truth upon all subjects; and I would respectfully ask them, whether they ever knew the truth injure any sect or party that was disposed to act honestly? I hope the Government will reflect upon the injustice and impolicy of this new crusade against the free expression of opinion, adopt my suggestion, and abandon all prosecutions against those who honestly controvert the received opinions of society. Having now expressed my feelings with regard to the conduct of the Government, I must say a word or two respecting the behaviour of the learned Attorney-General towards me, on my trial. He made very few observations in opening the case, but reserved himself for his Reply; a privilege which I think he was not entitled to, as I called no witnesses. Had I anticipated he would have claimed the privilege of reply, and abused it in the shameful manner that he did, I could have overthrown, by witnesses, the false impression which he so unjustly laboured to establish on the minds of the Jury--that I was the publisher of the work, because my name was affixed to the book first of the London agents. What is the object of a reply? It is to answer the facts and arguments adduced by the Defendant; to show that he has reasoned illogically; and to point out to the Jury, succinctly and clearly* the points in which he has failed to answer the charge laid against him in the indictment. In addition, however, to this base attempt to hold me up to the Jury as the original publisher, the Attorney-General obviously sought to make the Jury believe--(and there is every reason to think that he triumphed in this his unjust attempt to injure me)--that I claimed immunity not only for my belief but my actions, When I insisted upon setting him right, by showing him the utter falsehood of his assertion, in which I was supported by Lord Chief Justice Denman, he treacherously aimed at fixing upon me the consequences of doctrines to which I had not even adverted in my speech, and which had no reference whatever to the subject then before the Court. He basely insinuated that I was virtually claiming immunity for all acts of aggression--such as robbery, murder, seduction, unjustifiable rebellion, and assassination of the Queen; striving to raise in the minds of the Jury a confusion between the right of freedom of opinion and the wrong of licentious action! This, too, was slanderously repeated, after my open appeal to the Court against such malignity; and this the learned Attorney-General calls availing himself of his privilege of reply! I was not allowed to answer these falsehoods of the Attorney-General; though, as the accused party, I was in justice, if not in law, entitled to every opportunity of making the truth apparent to the Jury. As to the Jury--What shall I say of them? I can only pity men who exhibited such woful ignorance and imbecility as to be led away by misrepresentations that had not even the appearance of truth. Let me ask the Jury one simple question. They were bound by their oath to give a true verdict according to the evidence. Now let me ask them, was there any evidence of BLASPHEMY? The evidence adduced merely proved the sale of a certain book. There was no evidence that the contents of the book were blasphemous. This question--(that is to say, the very question in dispute--the question whether or not there was any blasphemy)--this question was decided by Judge and Jury without an iota of evidence, without even an attempt at any evidence bearing Upon it. The opinions of the Judge and Jury decided the question of the indictment---Was there blasphemy or no! There was no evidence at all upon it. Gentlemen of the Jury--common and special--was your verdict in accordance with the EVIDENCE brought forward for your enlightened consideration--was your verdict in accordance with the terms of your oath? The verdict to which I was entitled from honest and reasoning men was the following:--either a direct "Not Guilty of blasphemy"--or this, "Guilty of selling a certain book concerning the nature of which wc=e have had no evidence"--matters of opinion not being, in fact susceptible of evidence.
I cannot close these Observations without tendering my best thanks to the editor of The Sun for the zeal and ability with which, in a succession of leading articles, he defended the right of Free Inquiry and the Free Publication of Opinions. The Morning Chronicle published an impartial report of the Trial, and gave a good leading article on the subject. The Morning Advertiser and the Weekly Chronicle also published a fair report of the Trial. The Weekly Dispatch and The Statesman are both entitled to thanks for their advocacy of Truth and Liberty, in reference to the principle contended for in my Defence. The three Letters of Publicola, in The Weekly Dispatch, are invaluable; and I regret that I cannot find room for the whole of them in this pamphlet, without considerably enhancing its price and defeating my own object of extensive circulation for my Trial. They are worthy of a distinct publication. I can only fill up the space I have left by the insertion of the following excellent article from The Sun of Friday, December the 11th, 1840, and Publicola's Letter to Lord Chief Justice Denman.--H. H. |