Part 5 (1/2)

'Shewith,--That your memorialist was committed to this gaol from Cheltenham, on the vague charge of blasphemy, on June 3rd.

'That in consequence of representations made to him by the police authorities in Cheltenham, your memorialist brought with him to the gaol some private papers, hastily selected, for his defence--and that, on arriving here, the said papers were seized, and the visiting magistrate refused to allow your memorialist the use of them, or to give them up to his friends to be used for his advantage.

'That, as these papers were brought in confidence that your memorialist would have been allowed to consult his own thoughts in his own defence--and as they are no man's property but his own--and, also, as without them your memorialist will not have a fair chance of defence,--he trusts you will order them to be restored to him without delay.

'The offence with which your memorialist stands charged occurred as he was journeying homeward, in a town where he was a comparative stranger.

Consequently, and owing to great bigotry on religious subjects, your memorialist has been unable to obtain bail, and has suffered fourteen days' imprisonment, which time he has spent in fruitless applications to the authorities here for proper books and papers to prepare his defence.

Out of a list of thirty-one books submitted for that purpose only thirteen are allowed.

'That, as the trial of your memorialist is to take place at the next sessions of this county, to be holden on the 28th inst., and he is without the means of defence or hope of justice, and has a wife and two children dependent on him for support, he is placed in circ.u.mstances of peculiar anxiety.

'Hence your memorialist earnestly hopes that you will direct that his papers, seized as before mentioned, be immediately restored to him, and also that he be allowed free access to such works and papers as he may deem necessary for his defence, and that without further delay.

'(signed) George Jacob Holyoake.

'County Gaol, Gloucester, June 14, 1842.'

The papers were _afterwards_ returned; but, had it not been for friends in the House of Commons, and in various parts of the country, I should have been deprived of the materials for my defence. Public opinion did for me that which Christian charity refused.*

* At the Gloucester Trinity Sessions, Mr. R. B. Cooper stated, in contradiction of the prayer of this memorial, that 'as soon as I mentioned that my papers were necessary for my defence they were returned to me.' Mr. S. Jones said he 'took my papers home, and _every one_ I wanted for my trial on the morrow I had given to me.' Both these statements were untrue, and I stated so at the time in the _Cheltenham Free Press_, and my a.s.sertion was never impugned.

Strong prejudices exist against me as being a Socialist. Your local newspapers have denounced me on this ground. To show that I deserve no condemnation on this account I shall draw your attention to the nature of Socialism. I have here a little book, stated to be published by the 'Society for Promoting Christian Knowledge.' If it had been stated to be a 'society' for disseminating 'malicious knowledge' the t.i.tle-page would have been correct--for a more gross series of misrepresentations were never strung together. If what it says of Socialism were true, then I might be abused; but Socialism as I have learned or explained it, would never lead to the injury of peace or the disturbance of public order.

The first paragraph of G.o.dwin's 'Political Justice' is an epitome of Socialism as developed in this country hitherto s it is 'an investigation concerning that form of political society, that system of intercourse and reciprocal action extending beyond the bounds of a single family, which shall be found most conducive to the _general_ benefit--how may the peculiar and independent operation of each individual in the social state most effectually be preserved--how may the security each man ought to possess as to his life, and the employments of his faculties according to the dictates of his own understanding, be most certainly defended from invasion--how may the individuals of the human species be made to contribute most substantially to general improvement and happiness.' But I shall not content myself with one authority; and to avoid the charge of presumption, I have gathered much of my defence from other men's writings, and shall make them speak for me.

Socialists have been declared to have dangerous metaphysical notions.

The whole question has been expressed by the poet-philosopher Goethe in four lines, translated by Ebenezer Elliott, thus--

How like a st.i.thy is this land!

And we lie on it, like good metal Long hammer'd by a senseless hand; But will such thumping make a kettle?

Meaning that senseless hammering and senseless legislation could neither make the dull iron into a kettle, nor a vicious people into an enlightened nation. Socialism says, all men have in them the true metal--the elements of goodness, which all governments are responsible for moulding. Socialism proposes to subst.i.tute other means than punishments for the prevention of crime, and that you may not think these chimeras of my own, I will read you the opinion of a Lord Cardinal to a certain High Chancellor of England, Sir Thomas More, who, in his 'Utopia.' says, 'When I was in England, the king depended much on his councils....

One day when I was dining with him there happened to be at table one of the English lawyers, who took occasion to run out in high commendation of the severe execution of justice upon thieves, ”who,” as he said, ”were then hanged so fast that there were sometimes twenty on one gibbet!” and upon that he said, ”he could not wonder enough how it came to pa.s.s, that since so few escaped there were so many thieves left, who were still robbing in all places.” Upon this, I (who took the boldness to speak freely before the cardinal) said, ”there was no reason to wonder at the matter, since this way of punis.h.i.+ng thieves was _neither just in itself nor good for the public_; for as the severity was too great, so the remedy was not effectual; simple theft not being so great a crime, that it ought to cost a man his life: no punishment, how severe soever, being able to restrain those from robbing who can find no other way of livelihood. In this (said I) not only you in England but a great part of the world, imitate some ill masters, that are readier to chastise their scholars than teach them. There are dreadful punishments enacted against thieves, _but it were much better to make such good provisions by which every man might be put in a method how to live and so be preserved from the fatal necessity of stealing, and of dying for it._”' Socialism would try to obtain a remedy for the evils which judges go round year by year lamenting; Socialism would suggest a means of affording employment, and thus mitigate the crime which judges and juries are called to punish.

Such objects may be declared chimerical, but surely it is not criminal to hope that they can be carried out, and to feel that they ought.

I could read many other pa.s.sages to show that under no circ.u.mstance Socialism merits that character which has been ascribed to it But I do not deem it necessary, as I think I have said enough to prove that. Nor do I want to instil my sentiments, but merely to disabuse your minds of a prejudice which has been disseminated to my disadvantage.

My a.s.suming the right of free expression inculcated by Mr. Owen, and when asked a question, refusing to equivocate, are opposed, it would appear, to the laws of this country. But this I have learned from Socialism, that there can be no public or private virtue, unless the foundation of action is the practice of truth. Pa.s.sing through Cheltenham to pay a visit to a friend, I delivered a lecture. After which the words were uttered which are here indicted. When I had read the _Cheltenham Chronicle_, in the city of Bristol, I returned to Cheltenham. If I had been conscious of guilt, should I have returned?

On the night of my apprehension marks of kindness were shown me by the people. If I had acted disgracefully, would the people of Cheltenham have met a stranger and showed him marks of esteem and friends.h.i.+p?

I went to the station-house and remained there all night. When taken before the magistrates, Mr. Capper told me I was not fit to be reasoned with, because I did not believe in a G.o.d, and that it was from a love of notoriety that I acted: but from the love of mere notoriety I have never uttered any sentiments, for I hold such conduct in contempt. After I was taken from the magistrates' office, I was treated with contumely at the police-station. Surgeon Pinching, finding me completely in his power, said he was sorry the days were gone by when I could hold up my head, and wished the inquisition could be put in force against such persons as myself. I was thrust into a filthy cell, and my hands were bolted together and the skin pinched off. I was brought to Gloucester on a sultry day, and should have been made to walk had not some friends interfered and obtained permission for me to ride, on paying my own fare and that of two policemen. There was no indication from my manner that I wished to make my escape, and the company of two policemen was sufficient to prevent it. It was thought if I was chained like a felon and dragged through two towns, it would wound my feelings. If these are the ways in which the truths of Christianity are to be taught, I leave you to judge of them. Two of your magistrates conversed with me, and shouted with much rudeness that I was a fool for holding my opinions. I never could have said this to any man, and yet such treatment I received from magistrates old enough to be my grandfathers.

Here Mr. Bransby Cooper, who sat upon the left of the Judge, was so moved by this remark, that he rose and e.j.a.c.u.l.a.t.ed something in Court; but the Judge peremptorily commanded him to sit down.

Mr. Holyoake then read the memorial of the public meeting of the inhabitants of Cheltenham, before quoted, referring to the conduct, at the examination, of Joseph Overbury, Robert Capper, and the Rev. T. B.

Newell, D.D., magistrates.

Mr. Justice Erskine. You ought not to read any statement not authenticated by evidence, which reflects on any person.

Defendant. This is a pet.i.tion of a public meeting.