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LETTER.

MY LORD,

As the station to which you have been called by your country is important, so much the more awful is your responsibility, so much the more does it become you to watch lest you inadvertently punish the virtuous and reward the vicious.

You preside over a court which is instituted for the suppression of crime, and to whose authority the people submit on no other conditions than that its decrees should be conformable to justice.

If it should be demonstrated that a judge had condemned an innocent man, the bare existence of laws in conformity to which the accused is punished, would but little extenuate his offence. The inquisitor when he burns an obstinate heretic may set up a similar plea, yet few are sufficiently blinded by intolerance to acknowledge its validity. It will less avail such a judge to assert the policy of punishing one who has committed no crime. Policy and morality ought to be deemed synonymous in a court of justice, and he whose conduct has been regulated by the latter principle, is not justly amenable to any penal law for a supposed violation of the former. It is true, my Lord, laws exist which suffice to screen you from the animadversions of any constituted power, in consequence of the unmerited sentence which you have passed upon Mr. Eaton; but there are no laws which screen you from the reproof of a nation's disgust, none which ward off the just judgment of posterity, if that posterity will deign to recollect you,

By what right do you punish Mr. Eaton? What but antiquated precedents, gathered from times of priestly and tyrannical domination, can be adduced in palliation of an outrage so insulting to humanity and justice? Whom has he injured? What crime has he committed? Wherefore may he not walk abroad like other men and follow his accustomed pursuits? What end is proposed in confining this man, charged with the commission of no dishonourable action? Wherefore did his aggressor avail himself of popular prejudice, and return no answer but one of common place contempt to a defence of plain and simple sincerity? Lastly, when the prejudices of the jury, as Christians, were strongly and unfairly inflamed against this injured man as a Deist, wherefore did not you, my Lord, check such unconstitutional pleading, and desire the jury to pronounce the accused innocent or criminal † without reference to the particular faith which he professed?

*

In the name of justice, what answer is there to these questions? The answer which Heathen Athens made to Socrates, is the same with which Christian England must attempt to silence the advocates of this injured man-“He has questioned established opinions.”— Alas! the crime of enquiry is one which religion never has forgiven. Implicit faith and fearless enquiry have in all ages been irreconcileable enemies. Unrestrained philosophy has in every age opposed itself to the reveries of credulity and fanaticism.—The truths of astronomy demonstrated by Newton have superseded astrology; since the modern discoveries in chemistry the philosopher's stone has no longer been deemed attainable. Miracles of every kind have become rare, in proportion to the hidden principles which those who study nature have developed. That which is false will

* See the Attorney General's speech.

+ By Mr. Fox's bill (1791) Juries are, in cases of libel, judges both of the law and the fact.

ultimately be controverted by its own falsehood. That which is true needs but publicity to be acknowledged. It is ever a proof that the falsehood of a proposition is felt by those who use power and coercion, not reasoning and persuasion, to procure its admission.-Falsehood skulks in holes and corners, "it lets I dare not wait upon I would, like the poor cat in the adage," except when it has power, and then, as it was a coward, it is a tyrant; but the eagle-eye of truth darts through the undazzling sunbeam of the immutable and just, gathering thence wherewith to vivify and illuminate a universe!

Wherefore, I repeat, is Mr. Eaton punished ?— Because he is a Deist ?-And what are you, my Lord? -A Christian. Ha then the mask is fallen off; you persecute him because his faith differs from yours. You copy the persecutors of Christianity in your actions, and are an additional proof that your religion is as bloody, barbarous, and intolerant as theirs.-If some deistical Bigot in power (supposing such a character for the sake of illustration) should in dark and barbarous ages have enacted a statute making the profession of christianity criminal, if you my Lord were a christian bookseller, and Mr. Eaton a judge, those arguments which you consider adequate to justify yourself for the sentence which you have passed must likewise suffice, in this suppositionary case to justify Mr. Eaton, in sentencing you to Newgate and the pillory for being a christian. Whence is any right derived but that which power confers for persecution? Do you think to convert Mr. Eaton to your religion by embittering his existence? You might force him by torture to profess your tenets, but he could not believe them, except you should make them credible, which perhaps exceeds your power. Do you think to please the God you worship by this exhibition of your zeal ?

* Shakespeare.

If so, the Demon to whom some nations offer human hecatombs is less barbarous than the Deity of civilized society.

You consider man as an accountable being-but he can only be accountable for those actions which are influenced by his will.

Belief and disbelief are utterly distinct from and unconnected with volition. They are the apprehension of the agreement or disagreement of the ideas which compose any proposition. Belief is an involuntary operation of the mind, and, like other passions, its intensity is precisely proportionate to the degrees of excitement. Volition is essential to merit or demerit. How then can merit or demerit be attached to what is distinct from that faculty of the mind whose presence is essential to their being? I am aware that religion is founded on the voluntariness of belief, as it makes it a subject of reward and punishment; but before we extinguish the steady ray of reason and common sense, it is fit that we should discover, which we cannot do without their assistance, whether or no there be any other which may suffice to guide us through the labyrinth of life.

If the law 'de heretico comburendo' has not been formally repealed, I conceive that, from the promise held out by your Lordship's zeal, we need not despair of beholding the flames of persecution rekindled in Smithfield. Even now the lash that drove Descartes and Voltaire from their native country, the chains which bound Galileo, the flames which burned Vanini, again resound:-And where? in a nation that presumptuously calls itself the sanctuary of freedom. Under a government which, whilst it infringes the very right of thought and speech, boasts of permitting the liberty of the press; in a civilized and enlightened country, a man is pilloried and imprisoned because he is a Deist, and no one raises his voice in the indigna

tion of outraged humanity. Does the Christian God, whom his followers eulogize as the Deity of humility and peace; he, the regenerator of the world, the meek reformer, authorize one man to rise against another, and because lictors are at his beck, to chain and torture him as an Infidel?

When the Apostles went abroad to convert the nations, were they enjoined to stab and poison all who disbelieved the divinity of Christ's mission; assuredly, they would have been no more justifiable in this case than he is at present who puts into execution the law which inflicts pillory and imprisonment on the Deist.

Has not Mr. Eaton an equal right to call your Lordship an Infidel, as you have to imprison him for promulgating a different doctrine from that which you profess? What do I say!—Has he not even a stronger plea? The word Infidel can only mean any thing when applied to a person who professes that which he disbelieves. The test of truth is an undivided reliance on its inclusive powers;-the test of conscious falsehood is the variety of the forms under which it presents itself, and its tendency towards employing whatever coercive means may be within its command, in order to procure the admission of what is unsusceptible of support from reason or persuasion. A dispassionate observer would feel himself more powerfully interested in favor of a man, who depending on the truth of his opinions, simply stated his reasons for entertaining them, than in that of his aggressor, who daringly avowing his unwillingness to answer them by argument, proceeded to repress the activity and break the spirit of their promulgator, by that torture and imprisonment whose infliction he could command.

I hesitate not to affirm that the opinions which Mr. Eaton sustained, when undergoing that mockery of a trial at which your Lordship presided, appear to me more true and good than those of his accuser ;—but

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