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fon for a feast of eternal commemoration, add the correspondent System of manners, and which forces all her people to observe no doubt -can be left on the mind of a it-This I call regicide by eftablishment. thinking man; concerning their deter
Jacobinism is the revolt of the enter mined hoftility to the human race. Manprihng talents of a country against it's ners are of more importance than Jaws. property. When private men form them- Upon them, in a great measure the laws felves into affociations for the purpose of depend. · The law touches us hut here destroying the pre-existing laws and in- and there, and now and then.“ Manners stitutions of their country; when they are what vex or footh, corrupt or purify, fecure to themselves an army by dividing exalt or debafe, barbarize or refine us, by among the people of no property, the a conitant, . fteady, uniform, insensible estates of the ancient and lawful pro- operation, like that of the air we breathe prietors : when a ftate recognizes those in. They give their whole fòrm and coacts ; wlien it does not make confisca- lour to our lives. According to their tions for crimes, but makes crimes for quality, they aid morals, they supply confifcations; when it has its principal them, or they totally destroy them. Of ftrength, and all its resources in such a this the new French legislators were aware; violation of property; wlien it stands therefore, with the same method, and unchiefly upon such a violation ; maffacring der the fame authority, they fertled a by judgments, or otherwise, those who system of manners, the most licentious, make any struggle for their old legal prostitute, and abandoned that ever has govertiment, and their legal, hereditary, been known, and at the same time the or acquired poffeffions- I call this ja. most coarfe; rnde, savage, and ferocious, cobinism by establishment.
Nothing in the revolution, no, not to a I call it atheism by establishment, when phrase or á gesture, not to the fashion of a any state, as fuch, hall not acknowledge hat or shoe, was left to accident. All the existence of God as a moral governor has been the restult of design; all has been of the world; when it fhall offer to him matter of inftitution. No mechanical no religious or moral worship ;-when it means could be devised in favour of this thall abolish the Christian religion bý a incredible fyltem of wickedisets and vice, regular decree ;-when it thall perfecute that has not been employed. The noblest with a cold, unrelenting, steady cruelty, paffions, the love of glory, the love "of by every mode of confifcation, imprifon- country, have been debauched into' means ment, exile, and death, all its minillers; of its preservation and its propagation. - when it fall generally shut up, or pull All forts of fhews and exhibitions calcudown, 'churches, when the few buildings bated to infiame and vitiate the imaginawhich remain of this kind fhall be opened tion, and pervert the moral sense, have only for the purpose of making a profane been contrived. They have sometimes apotheofis of montrers, whose vices and brought forth five or fix hundred drinken crimes have no parallel among men, and women, calling at the bar of the affembly whom ali other men consider as objects of for the blood of their own children, as general detestation, and the feverest ani- being royalists or constitutionalists. Somemadverfion of law. When, in the place times they have got a body of wretches, of that religion of social benevolence, and calling themselves fathers, to demand the of individual fèlf-denial, in mockery of murder of their fons ; boasting that Rome ali religion, they infiiture impious, blar. had but one Brutus, but that they could pheinous, indecent theatric rites, in ho. thew five hundred. There were inttances, nour of their vitiated, perverted reason, in which they inverted, and retaliated the and erect altars to the personification of impiety, and produced fons, who called their own corrupted and bloody republic; for the execution of their parents. The --when schools and seminaries are found foundation of tlieir republic is laid in moed at public expence to poison mankind, ral paradoxes. Their patriotism is always from generation to generatior, with the prodigy. All those inttances to be found horrible maxims of this impiciy;when in hiltory, whether real or fabulous, of a wearied out with -incefiant martyrdom, doubtful public fpirit, at which merality and the cries of a people hunge:ing and is perplexed, reason is staggered, and thirfting for religion, they permit it, only from which affrighted nature recoils, are as a tolerated evil-I call this atheism by their chosen, and almost fole examples for establishment.
the instruction of their youth.. When to these establishments of regi The whole drift of their institution is cide, of jacobinism, and of 'atheism, you contrary to that of the wife legislators of
all countries, who aimed at improving in- who keep warehouses of infamy, would ftincts into morals, and at grafting the give out one of their victims to private virtues on the stock of the natural affec- cuitody on so mort and insolent a tenure. tions. Thev, on the contrary, have o. There was indeed a kind of profligate mitted no pains to 'eralicate every benevne equity in thụs giving to women the faine lent and noble propensity in the mind of licentious power. The realon they asmen. In their culture it is a rule always signed was as infamous as the act; deto 'graft virtnes on vices. They think claring that women had been too long every thing unworthy of the name of under the tyranny of parents and of hul public virtue, unless it indicates violence bands. It is not necessary to observe on the private All their new inftitutions upon the horrible consequences of taking (and wi h them every thing is new) ftrike one half of the species wholly out of the at the root of our social nature. Other guardianship and protection of the other. legislators, knowing that marriage is the The practice of divorce, though in some origin of all relations, and contequently countries permitted, has been discouraged the first element of all duties, have en- in all. In the E.ult, polygamy and divorce deavoured, by every art, to make it lacred. are in diferedit; and the manners correct The chriftian religion'; by confining it the laws. In Rome, while Ronie was to the pairs, and by rendering that relation in it's integrity, the few causes allowed indissoluble, has, by these two things, for divorce amounted in effect to a prchidone more toward the peace; happinels, bitión. They were only three. The arfettlement, and civilization of the world, bitrary was totally excluded; and accordthan by any other part in this whole fcheme ingly some hundreds of years paffed, witha of Divine visdom, The direct contrary out a single example of that kind. When course has been taken in the synagogue manners were corrupted, the laws were of Antichrift, I mean in that forge and relaxed; as the lartei always follow the manufactory of all evil, the feet which former, when they are not able to regulate predominated in the constituent assembly, them, or to vanquish them. Of this of 1789. Those monsters employed the circumstance the legiflators of vice and fame, or greater industry, to defecrate and crime were pleased to take notice, as an degrade that ftate, which other legislators, inducement to adopt their regulation; have ufed to render it holy and honourable. holding out an hope, that the permission By a strange, uncalled for declaration, would as rarely be made use of. They they pronounced, that marriage was no knew the contrary to be true better than a common, civil contract. It had taken good care, that the laws should was one of their ordinary tricks, to put be well seconded by, the manners. Their their fentiments into the mouths of cera law of divorce, like all their laws, had tain perfonated characters, which they not for it's object the relief of domestic theatrically exhibited at the bar of what uneafiness, but the total corruption of all ought to be a serious affeinbly. One of morals, the total disconnection of social thełc was brought out in the figure of a life. prostitute, whom they called by the af. It is a matter of curiosity to observe the fected name of a mother without being operation of this encouragement to difa wife.' This creature they made to call oider. I have before me the Paris paper, for a repeal of the incapacities, which in correspondent to the usual register of birthis, civilized ttates are put upon bastards. The marriages, and deaths. Divorce, happrostitutes of the assembly gave to this pily, is no regular head of registry among their puppet the sanction of their greater civilized nations. With the Jacobins it impudence. In consequence of the prin- is remarkable, that divorce is not only a ciples laid down, and the manners au- regular head, but it has the post of hothoriled, bastards, were not long after put nour. It occupies the first place in the on the footing of the isfire of lawful lift. In the three first months of the year Rinions. Proceeding in the Spirit of the 1793, the number of divorces in that city first authors of the conftitution, fucceeding amounted to 562. The marriages were allemblies went the full length of the prin 1785; fo that the proportion of divorces ciple, and gave a licence to divoice at to marriages was not much less than one the mere pleasure of either party, and at to three; a thing unexampled, I believe, a month's notice. With them the matri- among mankind. I caused an enquiry monial connexion is brought into lo de- to be made at Doctor's Commons, congraded a state of concubinage, that, I be cerning the number of divorces; and lieve, none of the wretches in London, found, that all the divorces (which, ex.
cept by special act of parliament, are le this ferocity there is joined not one of the parations, and not proper divoices) did rude, unfashioned virtues, which accomnot amount in all those courts, and in an pary the vices, where the whole are left hundred years, to much more than one to grow up together in the rankness of fifth of those that passed, in the single city uncultivated nature. But nothing is left of Paris, in three months. I followed to nature in their systems. up the enquiry relative to that city through The whole body of this new scheme of feveral of the subsequent months until I manners in support of the new scheine of was tired, and found the proportions still politics, I consider as a strong and decisive the fame. Since then I have heard that proof of deterinined ambition and fyltema. they have declared for a rev fal of these tic hoftility. I defy the most refining laws : but I know of nothing done. It ingenuity to invent any other cause for appears as if the contract that renovates the total departure of the jacobin repubthe world was under no law at all: From
lic from every one of the ideas and usages, this we may take our estimate of the ha religious, legal, moral, or social, of this voc that has been made through all the civilized world, and for her tearing herrelations of life. With the Jacobins of self from its communion with such studied France, vague intercourse is without re violence, but from a formed resolution of proach ; marriage is reduced to the vilest keeping no terms with that world. It concub: nage ;
children are encouraged to has not been, as has been falsely and incut the throats of their parents ; mothers fiduoully represented, that these miscreants are taught that tenderness is no part of had only broke with their old government. their character ; and to demonstrate their They made a schism with the whole uniattachment to their party, that they ought verse; and that schism extended to almost to make no fcruple to rake with their everything great and small. For one, bloody hands in the bowels of those who I wish, since it is gone thus far, that the came from their own.
breach had been so complete, as to make To all this let us join the practice of all intercourse impracticable; but partly cannibalism, with which, in the proper by accident, partly by design, partly from terms, and with the greatest truth, their the resistance of the matter, enough is left several factions accufe each other. By to preserve intercourse, while amity is cannibalism, I mean their devouring, as destroyed or corrupted in its principle. a nutriment of their ferocity, some part of This violent breach of the community the bodies of those they have murdered; of Europe, we must conclude to have their drinking the blood of their victions, been made (even if they had not exand forcing the victions themselves to drink pressly declared it over and over again) the blood of their kindred Naughtered be either to force mankind into an adoption fore their faces. By cannibalism, I mean of their fyftem, or to live in perpetual also to signify all their nameless, unmanly, enmity with a community the niolt potent and abominable insults on the bodies of we have ever known. 'Can any person those they llaughter.
imagine, that in offering to mankind this As to those whom they suffer to die a desperate alternative, there is no indicanatural death, they do not permit them tion of a hostile mind, because men in to enjoy the last confolations of mankind, possession of the ruling authority are supor those sites of fepulture, which indicate posed to have a right to act without cohope, and which meer nature has taughtercion in their own terrtories ? As to the to mankind in all countries, to foothe the right of men to act any where according afflictions, and to cover the infirmity of to their pleasure, without any moral tie, mortal condition, They disgrace men in no such right exitts. Men are never in the entry into life; they vitiate and enslave a state of total independence of each other. them through the whole course of it; and It is not the condition of our nature : they deprive them of all comfort at the nor is it conceivable how any man can conclusion of their dishonoured and de pursue a considerable course of action praved existence. Endeavouring to per- without its having some effect upon others; livadle the people that they are no better or, of course, without producing foine than beaits, the whole body of their in degree of relponsibility for his conduct. Atitucion tends to make them beasts of The situations in which men relatively préy, furious and favage. For this pur- stand produce the rules and principles of pole the active part of them is disciplined that responsibility, and afford directions 10 into a ferocity which has no parallel. To prudence in exacting it.
The Address of Mr. Justice Rooke to the Jury, at the Old Bailey,
on Friday October 16, in summing up the Evidence on the Trial of John Sellers, Elisabeth Jones, and Richard Footner, for the Mur
der of Mr. Thoinas Yates. It was our Intention to give a particular Account of this Trial; but having
already stated the Substance of the melancholy Affair (see Pages 147 and 220) we now think it will be suficient to give the Summing up of the Evidence by the learned Judge, in the following Address to the Jnry, from which it will clearly appear what Points of the Evidence affected the Verdict that was given.
Gentlemen of the Jury,
Thould think that Sellers has done an act, This is an indi&ment against the three which either amounts to murder or man
prisoners, John Sellers, Elisabeth 11:ughter, then you will have to consider Jones, and Richard Footner ; and the whether Jones or Footner were abetting, indictment ftates, that John Sellers has Sellers at the time he committed the fact. murdered Thomas Yates, by thooting Now this I should hold to be abetting, hin with a pistol; and that Elisabeth that if they faw Mr. Yates coming into Jones and Richard Footạer were present, the house, and told Sellers to go down aiding and abetting at that murder. The with a loaded pistol and thoot him, and question for you to try, therefore, will say, don't let him come in, they being in be, whether Sellers is guilty of having the house, and telling him to do that, wilfully shot Thomas Yates, and whether would, in my opinion, be guilty as abeta these persons, Elisabeth Jones and Richard rors, and would have a sufficient conFootner were, at the time of committing structive presence to warrant their being the murder, at the time of the killing, either found guilty upon the allegations of this actually, or by any rule of law, construc- indietinent. This I state only as genetively present when he was to killed ? In ral law :'it will be necessary for you now order to clear this case of any doubt in 'to attend to the facts, as the witnelles have point of law, I shall firit state to you proved them, and then it will be for you what I' take the law of the case to be, to see whether this piftol was fired wiland then you will be better enabled to fully or accidentally': if wilfully, it is apply the facts to that law. I take it to murder, if accidentally, it is manslaughter; be clear, that whoever had the title to ant then you will have to pronounce how this house, Mr. Yates, at this time, hav- far. Jones and Footner have been abettors ing been in the real joint possession, or in the killing, permiflive poffeffion by himself, and his [Here the learned judge summed up the servant being there (to say nothing of the evidence on both sides]. wife) if he took a walk in the garden,
This is the whole of the evidence on and they thought proper to bolt him out, the one side and on the other, and now to if he attempted, by any force of break- apply that evidence to the cases of the ing the windows, to get in again, he was different persons : Elisabeth Jones and justifiable in so doing; and if any person Richard Footner are charged then with has wantonly shot him in that attempt, being present, and aiding and abetting he is guilty of murder. That law I have Sellers at the time he fired off this pistola not a doubt about ; that Mr. Yates him. There is no direct evidence of their being self seems to have a right to come in-he present, of their having counselled himg had never quitted the whole premisest or having had any thing to do with him. was gone out to walk in the garden, and on the contrary, there is very strong evihad (from being in what fonie of the wit- dence in favour of both of them. There nesses call, a joint poffeffion, and others is evidence in favour of Jones, that at the
speak of, as a permiflive posseélion) a right very first sight of the pistols she said he Ito come into the house again when his would rather leave the house than they
fervant aslifted him; and if Sellers wil- Thould be there, and that it was not fully shot at him, he is guilty of murder. till her attorney and Sellers had intera That is the principal point, and if you poseils and assured her that he need not
he alarmed, that The would consent to or other (and we are not informed when) the pistols being tuffered to stay: after must have loaded them. One of thein is that, it seems miss Jones and Footner ex loaded at this hour ; and be acknowledged pected that there would be perfons came it was loaded with ball; he knew thereon the part of Mr. Yares into the house fore at the time he tools that pistol up, that on Monday, and thought it necessary, it was loaded with ball. We have no together with Sellers, to keep thote per- evidence to contradict him, as fons out, to prevent Mr. Yates from taking this pistol up upon the impulse of turning the tables upon them and turning the moment; but wlien a man takes up so them out; and, they for that purpofp, dreadful a weapon as that upon the inlocked all the doors with Seller's affist. pulse of the moment, without a provoca-ance. There is no positive evidence as to tion, it will not justify him in any im. what they did at the time this unhappy proper use he may make of that pistol. min, Mr. Yates, was endeavouring to He knew it was loaded, and he took it up get into the house, there being no po. upon the impulse of the moment, becaule fitive evidence of that fort, and the ttory he understood Mr. Yares was forcing his told by Mary Thompson not being that way into the houfe. He was advised, and which warrants us in forming a rigid they all agreed, if they could get Mr. prejudice against miss Jones and Footner, Yates into the garden they would keep it appears but justice for us to say that him there till the lawyers of both parties they speak the truth in their defence, when met, whịch was expected in the evening. they say, they did not know the pistols Mr. Yates had clearly a right to come were loaded ;' and Footner, that he knew. into that house again, and any person who nothing of the matter till he heard the stopped Mr. Yates from coming into that pittol tired.'. If you are of that opinion houie was a trespasser, for he was only you cannot conclude that they were pre- coming out of the garden, fome saying it jent either by legal construction, or ac was a joint and others a permissive pola tually at the time the pistol was fired'; feffion. Well then, this was a sort of and, therefore, as to them, it seems you poslession the attorney hał told them in will have very good ground to acquit them paint of policy they were to deprive them as being accessaries, aiding, and abet. of; but the attorney was not to wise as ting in this act of shooting, and I think to advise them not to detain him from that it beft to dispose of them first, because posfellion by the means of deadly weapons; then it will leave Sellers' case to be con- but he takes up this weapon, and he fidered wholly by itself, subject to your cames down Atairs; no provocation was judgments. I think you will do no in- given to him; he sees Mr. Yates in a justice to your country, but rather justice, very helpless state, endeavouring to get if you acquit Jones and Footner of being in at the window; he tells Mr. Yates acceffaries; there is hardly evidence id he must not come in.' Mr. Yates, is draw a conclusion that must affect their frightened and retreated, and in the time 3.ves, if they are found guilty. Then, of retreating the pillol goes off. It may as to Sellers, the great point is, whether he said in Sellers' favour, that he fired it this pistol went off by accident or design; upon a retreating and not upon an adhe had no previous malice against the vancing man. That circumitance is in deceased moit clearly ; he knew nothing his favour. It is said by Mr. Sellers, that of the deceased till he was invited into the Mr. Yates touched the pistol, and so gave tiquse of Mr. Yates and Miss Jones by the jar ; it is positively said by the girl, that the recommendation of Mr. Beard, and Mr. Yates did not touch the piftol, nor could Mr. Biggs ; and when he came into the touch the pistol; and the converfation belouse he rells you, that Mr. Yates be- (ween Mr. Yates and Sellers in the garden, haved with a degree of great violence, and if you believe the witness,, is, that he asked he was advised by those to whom he whether they were in the act of a scuffle at thought proper to refer, to have pistols for the tinie the pistol went off; he said "
no, his detence, So far then it seems these , no ;' hut when he asked him if he thought arms were brought into the house to pro- the pistol was fired off maliciously, Mr. teet this man and miss Jones, against any Yates fail, in that very awful moment, violence that Mr. Yates (whole temper yes, yes.' Whether he would consider was violent) might use against them; and the turning aside a piltol a scuffle or not, that the pistols were brought in for that is for you to turn in your own minds. purpose ; but the pištols are brought in You have heard what the girt says now, unloaded. Sellers, therefore, at some time that he put forth bis hand, and he could.