[Undated, but probably late in May, 1793.]
Sir,
Though I have some reason for believing that you were not the original
promoter or encourager of the prosecution commenced against the work
entitled "Rights of Man" either as that prosecution is intended to
affect the author, the publisher, or the public; yet as you appear
the official person therein, I address this letter to you, not as Sir
Archibald Macdonald, but as Attorney General.
You began by a prosecution against the publisher Jordan, and the reason
assigned by Mr. Secretary Dundas, in the House of Commons, in the debate
on the Proclamation, May 25, for taking that measure, was, he said,
because Mr. Paine could not be found, or words to that effect. Mr.
Paine, sir, so far from secreting himself, never went a step out of his
way, nor in the least instance varied from his usual conduct, to avoid
any measure you might choose to adopt with respect to him. It is on the
purity of his heart, and the universal utility of the principles and
plans which his writings contain, that he rests the issue; and he will
not dishonour it by any kind of subterfuge. The apartments which he
occupied at the time of writing the work last winter, he has continued
to occupy to the present hour, and the solicitors of the prosecution
knew where to find him; of which there is a proof in their own office,
as far back as the 21st of May, and also in the office of my own
Attorney.(1)
1 Paine was residing at the house of one of his publishers,
Thomas Rickman, 7 Upper Marylebone Street, London. His
Attorney was the Hon. Thomas Erskine.--_Editor_.
But admitting, for the sake of the case, that the reason for proceeding
against the publisher was, as Mr. Dundas stated, that Mr. Paine could
not be found, that reason can now exist no longer.
The instant that I was informed that an information was preparing to be
filed against me, as the author of, I believe, one of the most useful
and benevolent books ever offered to mankind, I directed my Attorney
to put in an appearance; and as I shall meet the prosecution fully and
fairly, and with a good and upright conscience, I have a right to
expect that no act of littleness will be made use of on the part of the
prosecution towards influencing the future issue with respect to the
author. This expression may, perhaps, appear obscure to you, but I am
in the possession of some matters which serve to shew that the action
against the publisher is not intended to be a _real_ action. If,
therefore, any persons concerned in the prosecution have found their
cause so weak, as to make it appear convenient to them to enter into
a negociation with the publisher, whether for the purpose of his
submitting to a verdict, and to make use of the verdict so obtained as a
circumstance, by way of precedent, on a future trial against myself;
or for any other purpose not fully made known to me; if, I say, I have
cause to suspect this to be the case, I shall most certainly withdraw
the defence I should otherwise have made, or promoted on his (the
publisher's) behalf, and leave the negociators to themselves, and shall
reserve the whole of the defence for the _real_ trial.(1)
But, sir, for the purpose of conducting this matter with at least the
appearance of fairness and openness, that shall justify itself before
the public, whose cause it really is, (for it is the right of public
discussion and investigation that is questioned,) I have to propose to
you to cease the prosecution against the publisher; and as the reason
or pretext can no longer exist for continuing it against him because
Mr. Paine could not be found, that you would direct the whole process
against me, with whom the prosecuting party will not find it possible to
enter into any private negociation.
1 A detailed account of the proceedings with regard to the
publisher will be found infra, in ix., Letter to the
Addressers.--_Editor_.
I will do the cause full justice, as well for the sake of the nation, as
for my own reputation.
Another reason for discontinuing the process against the publisher is,
because it can amount to nothing. First, because a jury in London cannot
decide upon the fact of publishing beyond the limits of the jurisdiction
of London, and therefore the work may be republished over and over
again in every county in the nation, and every case must have a separate
process; and by the time that three or four hundred prosecutions have
been had, the eyes of the nation will then be fully open to see that the
work in question contains a plan the best calculated to root out all the
abuses of government, and to lessen the taxes of the nation upwards of
_six millions annually_.
Secondly, Because though the gentlemen of London may be very expert in
understanding their particular professions and occupations, and how
to make business contracts with government beneficial to themselves as
individuals, the rest of the nation may not be disposed to consider them
sufficiently qualified nor authorized to determine for the whole Nation
on plans of reform, and on systems and principles of Government. This
would be in effect to erect a jury into a National Convention, instead
of electing a Convention, and to lay a precedent for the probable
tyranny of juries, under the pretence of supporting their rights.
That the possibility always exists of packing juries will not be denied;
and, therefore, in all cases, where Government is the prosecutor,
more especially in those where the right of public discussion and
investigation of principles and systems of Government is attempted to be
suppressed by a verdict, or in those where the object of the work that
is prosecuted is the reform of abuse and the abolition of sinecure
places and pensions, in all these cases the verdict of a jury will
itself become a subject of discussion; and therefore, it furnishes
an additional reason for discontinuing the prosecution against the
publisher, more especially as it is not a secret that there has been a
negociation with him for secret purposes, and for proceeding against
me only. I shall make a much stronger defence than what I believe the
Treasury Solicitor's agreement with him will permit him to do.
I believe that Mr. Burke, finding himself defeated, and not being able
to make any answer to the _Rights of Man_, has been one of the promoters
of this prosecution; and I shall return the compliment to him by
shewing, in a future publication, that he has been a masked pensioner at
1500L. per annum for about ten years.
Thus it is that the public money is wasted, and the dread of public
investigation is produced.