I have not asked you to acquit Thomas Paine upon any new lights, or upon any principle but that of the law, which you are sworn to administer; -my great object has been to inculcate, that wisdom and policy, which are the parents of the government of Great Britain, forbid this jealous eye over her subjects; and that, on the contrary, they cry aloud in the language of the poet, adverted to by lord Chatham on the memorable subject of America, unfortunately without effect. "Be to their faults a little blind, Engage the people by their affections, convince their reason, -and they will be loyal from the only principle that can make Loyalty sincere, vigorous, or rational, -a conviction that it is their truest interest, and that their government is for their good. Constraint is the natural parent of res resistance, and a pregnant proof, that reason is not on the side of those who use it. You must all remember Lucian's pleasant story; Jupiter and a countryman were walking together, conversing with great freedom and familiarity upon the subject of heaven and earth. The countryman listened with attention and acquiescence, while Jupiter strove only to convince him:- but happening to hint a doubt, Jupiter turned hastily round and threatened him with his thunder.-"Ah! ah!" says the countryman, "now, Jupiter, I know that you are wrong; you are always wrong when you appeal to your thunder." This is the case with me I can reason with the people of England, but I cannot fight against the thunder of authority. Gentlemen, this is my defence of free opinions. With regard to myself, I am, and always have been, obedient and affectionate to the law; -to that rule of action, as long as I exist, I shall ever do as I have done to-day, maintain the dignity of my high profession, and perform, as I understand them, all its important duties. 2 U 30* SPEECH OF THE HON. T. ERSKINE ON THE PROSECUTION OF THE PUBLISHER OF THE AGE OF REASON. GENTLEMEN OF THE JURY, The charge of blasphemy, which is put upon the record against the publisher of this publication is not an accusation of the servants of the crown, but comes before you sanctioned by the oaths of a grand jury of the country. It stood for trial upon a former day; but it happening, as it frequently does, without any imputation upon the gentlemen named in the pannel, that a sufficient number did not appear to constitute a full special jury, I thought it my duty to withdraw the cause from trial, till I could have the opportunity of addressing myself to you, who were originally appointed to try it. I pursued this course, from no jealousy of the common juries appointed by the laws for the ordinary service of the court, since my whole life has been one continued experience of their virtues; but because I thought it of great importance, that those who were to decide upon a cause so very momentous to the public, should have the highest possible qualifications for the decision; that they should not only be men capable from their educations of forming an enlightened judgment, but that their situations should be such as to bring them within the full view of their country, to which, in character and in estimation, they were in their own turns to be responsible. Not having the honor, gentlemen, to be sworn for the king as one of his counsel, it has fallen much oftener to my lot to defend indictments for libels, than to assist in the prosecution of them; but I feel no embarrassment from that recollection. I shall not be found to-day to express a sentiment, or to utter an expression, inconsistent with those invaluable principles for which I have uniformly contended in the defence of others. Nothing that I have ever said, either professionally or personally, for the liberty of the press, do I mean to-day to contradict or counteract. On the contrary, I desire to preface the very short discourse I have to make to you, with reminding you, that it is your most solemn duty to take care that it suffers no injury in your hands. A free and unlicensed press, in the just and legal sense of the expression, has led to all the blessings both of religion and government, which Great Britain or any part of the world at this moment enjoys, and it is calculated to advance mankind to still higher degrees of civilization and happiness. But this freedom, like every other, must be limited to be enjoyed, and like every human advantage, may be defeated by its abuse. Gentlemen, the defendant stands indicted for having published this book, which I have only read from the obligations of professional duty, and which I rose from the reading of with astonishment and disgust. Standing here with all the privileges belonging to the highest counsel for the crown, I shall be entitled to reply to any defence that shall be made for the publication. I shall wait with patience till I hear it. Indeed, if I were to anticipate the defence which I hear and read of, it would be defaming by anticipation the learned counsel who is to make it;-since if I am to collect it, from a formal notice given to the prosecutors in the course of the proceedings, I have to expect, that, instead of a defence conducted according to the rules and principles of English law, the foundation of all our laws, and the sanctions of all justice, are to be struck at and insulted. What gives the court its jurisdiction?-What but the oath which his lordship, as well as yourselves, have sworn upon the Gospel to fulfil? Yet in the king's court, where his majesty is himself also sworn to administer the justice of England-in the king's court-who receives his high authority under a solemn oath to maintain the Christian religion, as it is promulgated by God in the Holy Scriptures, I am nevertheless called upon as counsel for the prosecution to "produce a certain book described in the Indictment to be THE HOLY BIBLE." No man deserves to be upon the rolls, who has dared, as an attorney, to put his name to such a notice. It is an insult to the authority and dignity of the court of which he is an officer; since it calls in question the very foundations of its jurisdiction. If this is to be the spirit and temper of the defence; -if, as I collect from that array of books which are spread upon the benches behind me, this publication is to be vindicated by an attack of all the truths which the Christian religion promulgates to mankind, let it be remembered that such an argument was neither suggested nor justified by anything said by me on the part of the prosecution. In this stage of the proceedings, I shall call for reference to the sacred Scriptures, not from their merits, unbounded as they are, but from their authority in a Christian country-not from the obligations of conscience, but from the rules of law. For my own part, gentlemen, I have been ever deeply devoted to the truths of Christianity; and my firm belief in the Holy Gospel is by no means owing to the prejudices of education (though I was religiously educated by the best of parents,) but has arisen from the fullest and most continued reflections of my riper years and understanding. It forms at this moment the great consolation of a life, which, as a shadow, passes away; and without it, I should consider my long course of health and prosperity (too long perhaps, and too uninterrupted, to be good for any man) only as the dust which the wind scatters, and rather as a snare than as a blessing. Much, however, as I wish to support the authority of Scripture from a reasoned consideration of it, I shall repress that subject for the present. But if the defence, as I have suspected, shall bring them at all into argument or question, I must then fulfil a duty which I owe not only to the Court, as counsel for the prosecution, but to the public, and to the world, -to state what I feel and know concerning the evidences of that religion, which is denied without being examined, and reviled without being understood. I am well aware that by the communications of a FREE PRESS, all the errors of mankind, from age to age, have been dissipated and dispelled; and I recollect that the world, under the banners of reformed Christianity, has struggled through persecution to the noble eminence on which it stands at this moment. -shedding the blessings of humanity and science upon the nations of the earth. It may be asked then by what means the Reformation would have been effected, if the books of the Reformers had been suppressed, and the errors of now exploded superstitions had been supported by the terrors of an unreformed state? or how, upon such principles, any reformation, civil or religious, can in future be effected? The solution is easy:- Let us examine what are the genuine principles of the liberty of the press, as they regard writings upon general subjects, unconnected with the personal reputations of private men, which are wholly foreign to the present inquiry. They are full of simplicity, and are brought as near perfection, by the law of England, as, perhaps, is attainable by and of the frail institutions of mankind. Although every community must establish supreme authorities, founded upon fixed principles, and must give high powers to magistrates to administer laws for the preservation of government, and for the security of those who are to be protected by it:-yet, as infallibility and perfection belong neither to human individuals nor to human establishments, it ought to be the policy of all free nations, as it is most peculiarly the principle of our own, to permit the most unbounded freedom of discussion, even to the detection of errors in the constitution of the very government itself; so as that common decorum is 4 observed, which every state must exact from its subjects, and which imposes no restraint upon any intellectual composition, fairly, honestly, and decently addressed to the consciences and understandings of men. Upon this principle, I have an unquestionable right-a right which the best subjects have exercised -to examine the principles and structure of the constitution, and by fair, manly reasoning, to question the practice of its administrators. I have a right to consider and to point out errors in the one or in the other; and not merely to reason upon their existence, but to consider the means of their reformation. By such free, well-intentioned, modest, and dignified communication of sentiments and opinions, all nations have been grad. ually improved, and milder laws and purer religions have been established. The same principles, which vindicate civil controversies, honestly directed, extend their protection to the sharpest contentions on the subject of religious faiths. This rational and legal course of improvement was recognized and ratified by Lord Kenyon as the law of England, in a late trial at Guildhall, where he looked back with gratitude to the labors of the Reformers, as the fountains of our religious emancipation, and of the civil blessings that followed in their train. The English constitution, indeed, does not stop short in the toleration of religious opinions, but liberally extends it to practice. It permits every man, EVEN PUBLICLY, to worship God according to his own conscience, though in marked dissent from the national establishment, so as he professes the general faith, which is the sanction of all our moral duties, and the only pledge of our submission to the system which constitutes the state. Is not this freedom of controversy and freedom of worship, sufficient for all the purposes of human happiness and improvement? Can it be necessary for either, that the law should hold out indemnity to those, who wholly abjure and revile the gov ernment of their country, or the religion on which it rests for its foundation? I expect to hear, in answer to what I am now saying, much that will offend me. My learned friend, from the difficulties of his situation, which I know, from experience, how to feel for very sincerely, may be driven to advance propositions which it may be my duty, with much freedom, to reply to; -and the law will sanction that freedom. But will not the ends of justice be completely answered by my exercise of that right, in terms that are decent, and calculated to expose its defects? Or will my argument suffer, or will public justice be impeded, because neither private honor and justice, nor public decorum, would endure my telling my very learned friend, be |