The battle of the press

by Theophila Carlile Campbell

The Counsel for the prosecution, the Attorney and Solicitor General, Mr. Littledale, and Mr. Campbell, took their seats soon after.

At a quarter after nine, Mr. Carlile entered the Courts He was preceded by two friends, who placed on the table an immense pyramid of books, in folio, quarto, octavo, and duodecimo.

At twenty minutes before ten, the jury having arrived, and having answered to their names, the cause of the King v. Carlile was called, the Chief Justice having previously taken his seat.

After a short pause, Mr. Carlile rose, and proceeded with his defence. He said he had endeavored yesterday, by going through the whole of three parts of "The Age of Reason", to show to the jury that it did not contain one immoral sentiment or expression; but that any expressions, which were at all questionable in that work, were quoted from other publications. He endeavored, satisfactorily, he hoped, to prove that Paine's object was to rescue the character of the Almighty from the account which was given of him in those books called "The Bible". He (Mr. Carlile) was anxious as far as possible to make the writings of Paine justify the composition, and the doctrines laid down by him in "The Age of Reason ". In order to do this, he would read a discourse pronounced by Mr. Paine before the Society of Theophilanthropists, at Paris. That discourse contained a complete refutation of the statement that Paine was an Atheist. His character was in fact most remote from Atheism. He had indeed proved that he entertained a more correct idea of the character of the Almighty than was to be found in the Bible. Mr. Carlile then proceeded to read the "Discourse", which is printed along with Paine's "Theological Tracts". [The whole gist of this production may be collected from a single paragraph, "The un verse", says the author, "is the Bible of a true Theophilanthropist; it is there that he reads of God; it is there that the proofs of his existence are to be sought and to be found. As to written or printed books, by whatever name they are called, they are the work of man's hands, and carry no evidence in themselves that God is the author of any of them. It must be in something that man could not make that we must seek evidence for our belief, and that something is the universe—the true Bible—the inimitable word of God." In going over this tract, the whole of which he read, Mr. Carlile made no observation, except in one place, where the text set forth "that persecution had ceased". "Happy", said he, "would it be for me, if persecution had indeed-ceased!" Having concluded the tract, he said this little discourse had been published by some persons, who were so convinced that it was a perfect refutation of Atheism that they sent it into the world with Mr. Paine's name to it. Having gone through so much of "The Age of Reason" as, at present, was necessary for his purpose, he would lay it aside; but he would in a future stage of the trial again to refer to it, for the purpose of supporting certain principles connected with his defence. He would now proceed to examine the book of which Mr. Paine's work was an investigation. But before he went further, he must observe that the Bible was not the only book supposed to be a revelation from God. The Koran, for instance, was supposed, by millions of people, to be of divine origin.

The Attorney-General here interrupted the defendant. He submitted that he could not proceed further with such a line of defence. The expression of the defendant was, that he would go into an examination of the book of which Paine's work was an investigation. He contended that he could not go into such an examination. The question was whether, according to the law of the country, the defendant had been guilty of the offence with which he was charged? It was neither competent for his lordship nor the gentlemen of the jury to go into such an examination as the defendant proposed—an examination of the truth of the Scriptures.

The Chief Justice: You hear the objection taken by the Attorney-General?

Mr. Carlile: Yes, my lord. The Attorney-General states that it is not competent for your lordship or the jury to go into such an examination as I propose; but he has quite forgotten that it is necessary to my defence. I have been brought into this Court to answer charges, and must avail myself of every means of defence. The Attorney-General has stated that I have published a work in which the Scriptures are spoken of as containing obscene stories, voluptuous debaucheries, cruel and tortuous executions, inconsistencies, and contradictions. Now I feel it to be my duty to justify what has been published by appealing to the Bible, which contains them.

The Attorney-General: I did not at all forget that the defendant is very deeply interested in the result of this trial; but this, like all other causes, must be proceeded in according to the rules of law. And, looking to those rules, it is not competent for a defendant, charged with this offence, to go into such an investigation. I beg to call your lordship's attention to the trial of an individual charged with a similar offence—I mean Williams. When he was brought up to the Court of King's Bench to receive judgment, Lord Kenyon said, that "having re-considered what had been done during the trial, he took blame to himself for having listened even to the arguments used on that occasion". In that case of the King and Williams, the whole Court expressed their opinion that they could not allow anything to be said against the established religion of the country—the Christian religion. That is the proposition for which I contend. I trust it will receive the sanction of your lordship, and that the defendant will not be suffered to promulgate blasphemous doctrines as part of his defence.

The Chief Justice: The charge against the defendant on this occasion is the publication of a book calumniating and reviling the Holy Scriptures. It is not that, in any book published by him the doctrines of revealed religion were discussed with that respect, temper, and moderation which ought to be applied to the discussion of every subject, human or divine, public or private. It can be no defence of such a charge that the party against whom it is preferred should reiterate, in his address to the jury, the same sort of calumny as that which is contained in the book, for the publication of which he has been called on to answer; and I should very ill discharge my duty, as a Judge or a Christian, if I suffered this Court to be made a theatre for uttering calumny against the religion of the country. Any thing the defendant can advance to the jury, to explain away what is contained in the book, and to show that its tendency is proper, I am most ready to hear. I wish to give to this defendant, as well as to every other person, an opportunity to defend himself fully and fairly, according to the established law of the land. But I am not to suffer the law of the land to be calumniated by such a defence. I cannot permit it.

Mr. Carlile: The only object I have in view is to clear the book, entitled "The Age of Reason", from the charge make against it, and to justify the observations which it contains on the Old and New Testament. I presume that book cannot be founded on any law of this country. Your lordship has spoken of the law of the land as applicable to this case. I should like to have that law pointed out.