The Battle of The Press. Campbell Theophila Carlile

To such sentiments as are there set forth no honest man would hesitate to subscribe, but it becomes a question as to which part of the community they are applicable; I feel no connection with them. Because I have witnessed the existing privations and sufferings of certain classes of my fellow countrymen with the feelings of deepest concern, and because I feel sensible that all the treasonable and turbulent attempts to subvert the wholesome laws and regulations of the country emanate from the Cabinet, these are the reasons for my placing my signature to this declaration, and I would recommend everyone who is prominent for reform to go and do the same. As many persons and perhaps many of the readers of the Republican are ignorant of the contents of the 'Age of Reason', and led away by the general clamor of blasphemy against its author, I will give them a specimen of what is the subject of this false and absurd charge.

      "'On the Deity.

      "'Do we want to contemplate his power? We see it in the immensity of the Creation.

      "'Do we want to contemplate his wisdom? We see it in the unchangeable order by which the incomprehensible whole is governed.

      "'Do we want to contemplate his munificence? We see it in the abundance with which he fills the earth.

      "'Do we want to contemplate his mercy? We see it in his notwithholding that abundance even from the unthankful.'

      "Thus by searching has Paine found out God, and I call on all the priests of Europe to produce, in the same space, quotations from all the sermons that ever were published, anything like this grand demonstrative proof of the power, wisdom, goodness and mercy of the great proprietor of nature. Those are the blasphemers of his name and attributes who first inflict on mankind all the miseries that human nature can endure, and then attribute it to an angry, implacable and offended God! The pulpits of this country are resounding with the assertion that all the miseries that have been and are now inflicted on the people arise from their own wickedness. It is a gross falsehood! they arise from the wickedness of the rulers of this country, who, like a dissolute and debauched father, squanders everything that can be converted into money, and leaves his family to starve in misery and wretchednesss. Let us hope that an honest jury can be found to do justice to the writings of Paine, and in so doing they will do justice to their fellowmen."

      CHAPTER V. THE TRIAL

      An article in No. 8, Vol. I, of the Republican, written by Mr. William Sherwin, the partner and friend of Carlile, gives a very good idea of the status of the case as it appeared to him and his friends. The trial had then been in progress two days: —

      "The Trial of Mr. Carlile.

      "Before this number of the Republican is issued to the world the fate of Mr. Carlile will probably be decided, whether the verdict of the jury who are to decide upon his case shall consign him to a dungeon for the next two or three years, or perhaps for life, or whether it will restore him to his family, his friends, and his business. In either case he will carry with him the greatest satisfaction an honest man can enjoy – the consciousness of having done right in the first instance, and of having bravely defended himself in the hour of trial and difficulty. When Socrates was about to be deprived of his life, one of his friends expressed his regret that he should die innocent of the charge against him. 'What,' said the sage, 'do you wish me to die guilty?' The greatest consolation a man can receive while suffering beneath the iron rod of persecution is the confidence which results from his injustice being undeserved, and should the jury give a verdict against Mr. Carlile, he will receive this consolation in a great degree. The unprecedented interest and sympathy which his case has excited is a proof that public opinion is with him; that the mass of the people are his friends and the enemies of religious persecution, intolerance, bigotry, and tyranny. The question with the public is not whether Mr. Carlile is right or wrong in his opinions, but whether he has acted from purity of motive? whether he is a malicious person, in short, whether he has published the 'Age of Reason' with a view to corrupt the morals of society? If the parties engaged in this prosecution are unable to prove this, their case cannot be made out, for where there is no bad intention there is no crime. It is in vain that a servile tool in the garb of a judge declares in the accustomed jargon of the Bar and the Bench that 'Christianity is part of the law of the land'. Mr. Carlile has proved over and over again that the Act of Parliament, usually called Mr. Smith's Bill, has completely destroyed the protection which the Christian religion received from the laws of the country. That Mr. Justice Abbott should wish to explain away the application of the statute is not surprising when it is considered that the Act authorised any person to deny the existence of the Trinity. The conduct of the judge and of the Attorney-General has been partial and malignant in the extreme during the proceedings. The only mode of defence by which Mr. Carlile could hope to escape the vulture-fangs of the law was by showing that he had no evil intention in publishing the work, and he could not do this better than by showing that it contained nothing immoral, and that the objections which Paine makes to the divine origin of the Bible were well founded. This was his only defence, and the only one he could have which would be likely to justify his conduct to the jury and to the world. He was permitted to read the 'Age of Reason' through, but the moment he began to comment upon the various passages of the Bible he was interrupted by the judge, who declared that he would not suffer any observations to be made that would impugn the divinity of the Christian religion. By means of this sweeping declaration he deprived Carlile of the greater part of his defence, and as the latter very justly observed, showed the determination to confine him in a dungeon without even the privilege of a hearing! One of the most arbitrary practices in a trial of this description is the privilege which the Attorney-General is allowed of interrupting the defendant when the latter happens to make any observation which may be considered by the Attorney-General too harsh for the delicate ear of his opponent. During the first day's proceedings there was no room for the exercise for this tyrannical mode of annoyance, but to-day has afforded several opportunities for the harpies of the law to interpose their malignant objections. Whenever Mr. Carlile was entering upon anything that was likely to show that he had published nothing that had not been published many times before without exposing the authors to the notice of the law officers of the Crown, nay, that several of these authors themselves had actually been pensioners and parasites of the present government; whenever Mr. Carlile was attempting to do this he was immediately interrupted by the Attorney-General, whose appeal was directly answered by a prohibition from the judge. When we consider the powerful array of talent and learning that the defendant has to contend against, when we see three or four of the most dexterous, diligent, and cunning sycophants the Bar can produce selected to oppose him, and to watch for any false and faulty step he may make for the purpose of throwing him into confusion, it is almost impossible that a fair trial can be expected. Is it not enough that a wily hypocrite in the character of a judge should be watching for opportunities to interrupt him and to lead him off his guard, without being exposed to the impertinent intrusion of men who are officially employed to pursue him to destruction? But in the English Government of to-day everything is of a piece, everything tends to despotism. The judge in what should be a Court of Justice explains the law as he pleases, which is always on the side of his employers and if the law is in any case doubtful, instead of allowing a defendant the benefit of the doubt he turns it against him, by giving an opinion which is at once recorded and observed as a solemn legislative decision. In such a state of things it is impossible to look for anything but tyranny from the Bench, and the only chance the defendant has is the probability that an honest jury will set the dictum of a wicked judge at defiance. The folly of this prosecution is equal to its malignity. The proceedings of the trial will make more Deists than Carlile would have done in selling the 'Age of Reason' during the remainder of his life. Every interruption he has received will be considered by the public as a proof that his prosecutors apprehended that he was going to say something that would be unanswerable. Besides which there will be the publicity which will be given to the work by means of the trial, a publicity that will far exceed that of any other work on the same side of the question that ever was written. In the next number there will be room for making some observations on the results of the trial, a result which will be of more consequence than any event which has ever taken place in the history of the criminal jurisprudence of this country."

      Carlile had reason to believe that Lord Chief Justice Abbott was very unwilling to have the trial take place in his Court, and had had a correspondence with Lord Castlereagh on the subject.