The Trial of Henry Hetherington, on an Indictment for BlasphemyHetherington, H. (Henry)
Religion
The Trial of Henry Hetherington, on an Indictment for Blasphemy
Hetherington, H. (Henry)
Hetherington, H. (Henry), 1792-1849 -- Trials, litigation, etc.; Trials (Blasphemy) -- England -- London
"Your conduct on the Bench, upon the recent trial, ’The Queen v.
Hetherington,’ for a religious libel, a nominal and an impossible
offence, the fiction of fraudulent bigotry, has much increased the high
esteem in which you have been always held by the public. Your Lordship’s
opinions on this impolitic, irreligious, and thoroughly infamous species
of prosecution have oft-times been expressed with the integrity and high
moral courage that have ever distinguished your public life. I never
shall forget the manliness with which I heard you avow from the Whig
Treasury Benches, in the House of Commons, in your place as Attorney
General, your detestation of indictments for religious opinions; and the
House hailed you when you fairly acknowledged your deep regret that, as
Common Serjeant, you had been obliged, in obedience to your oath and to
the law, to impose even the smallest punishment possible upon three men
convicted by an ignorant Jury of a libel on the Scriptures; and you were
still more cheerfully received when you expressed your joy at the
liberation of the prisoners whom you had so unwillingly punished. There
was one part of your speech that did not certainly satisfy me. I respect
your sense of obligation to an oath; but when you punished men whom you
conscientiously believed to be undeserving of infliction, and this ’in
obedience to the law,’ your Lordship might have reflected, that it was
not Parliamentary, but Judge-made law--’Common-law,’ as it is called;
and you might have acted upon the principle that if a corrupt and
ignorant Judge made a law to suit the prejudices of a brutal age, a pure
and well-informed Judge might reverse that law in favour of an age more
humane and more enlightened. I recollect with great satisfaction that
when, in the case of Lord Langford, the Counsel, Mr. Thesiger, asked a
witness (Mr. Nathan, a Jew) ’what religion he was of?’ your Lordship
expressed your strong displeasure; and, under your Lordship’s sanction,
the witness refused to answer the interrogatory, and treated both the
query and the querist with the utmost contempt; and the whole Court and
audience seemed strongly to approve of the result. In the recent trial
your Lordship’s conduct was a contrast to that of your immediate
predecessors on the Bench, Lords Tenterden and Ellenborough, the last
representatives of a most disgraceful school of political, prejudiced,
corrupt Court Judges. You did all in your power to induce the Jury to
acquit the accused. I am now credibly informed that the Attorney-General
had the same object at heart; and having, intentionally, gone in a most
slovenly and unimpressive manner, through his technical duty, he was
abashed and mortified when he heard the verdict of guilty. Familiar as
he must be with the extreme ignorance, stupidity, and corruption of
Juries, on such occasions, he was still surprised at such a verdict. I
am willing to give him credit for these common reports in his favour;
Public-domain text, read in full here on John Shaqi.
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