The Life Of Thomas Paine, Vol. 2. (of 2): With A History of His Literary, Political and Religious Career in America France, and EnglandConway, Moncure Daniel
History
The Life Of Thomas Paine, Vol. 2. (of 2): With A History of His Literary, Political and Religious Career in America France, and England
Conway, Moncure Daniel
Paine, Thomas, 1737-1809
"Gentlemen, this is reasoning by comparison; and reasoning by comparison
is often fallacious. On the present occasion the fallacy is this: that,
in the first case, the persons perish by the operation of the general
laws of nature, not suffering punishment for a crime; whereas, in the
latter, the general laws of nature are suspended or transgressed, and
God commands the slaughter to avenge his offended will. Is this then
a satisfactory answer to the objection? I think it is not; another may
think so too; which it may be fairly supposed the Author did; and then
the objection, as to him, remains in full force, and he cannot, from
insisting upon it, be fairly accused of malevolent intention."
In his answer Erskine said: "The history of man is the history of man's
vices and passions, which could not be censured without adverting to
their existence; many of the instances that have been referred to were
recorded as memorable warnings and examples for the instruction of
mankind." But for this argument Erskine was indebted to his old client,
Paine, who did not argue against the things being recorded, but against
the belief "that the inhuman and horrid butcheries of men, women, and
children, told of in those books, were done, as those books say they
were done, at the command of God." Paine says: "Those accounts are
nothing to us, nor to any other persons, unless it be to the Jews, as
a part of the history of their nation; and there is just as much of
the word of God in those books as there is in any of the histories of
France, or Rapin's 'History of England,' or the history of any other
country."
As in Paines own trial in 1792, the infallible scheme of a special jury
was used against Williams. Lord Kenyon closed his charge with the words:
"Unless it was for the most malignant purposes, I cannot conceive how it
was published. It is, however, for you to judge of it, and to do justice
between the Public and the Defendant."
"The jury instantly found the Defendant--Guilty."
Paine at once wrote a letter to Erskine, which was first printed in
Paris. He calls attention to the injustice of the special jury system,
in which all the jurymen are nominated by the crown. In London a special
jury generally consists of merchants. "Talk to some London merchants
about scripture, and they will understand you mean scrip, and tell you
how much it is worth at the Stock Exchange. Ask them about Theology,
and they will say they know no such gentleman upon 'Change." He also
declares that Lord Kenyon's course in preventing Mr. Kyd from reading
passages from the Bible was irregular, and contrary to words, which he
cites, used by the same judge in another case.
Public-domain text, read in full here on John Shaqi.
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