After giving the first, second, and third clauses of the Bill, he comes to the fourth clause, which empowers the judges or magistrates who shall preside at the second conviction of the individuals for either blasphemous or seditious libel to use their discretion (!) in fining and imprisoning such individuals or of banishing them from the country.
The fifth clause enacts that a person so sentenced to banishment shall leave the country within thirty days, or in default thereof he will be seized and sent to such a place as the Government may propose.
The sixth clause makes liable to transportation to Botany Bay, the Hulks, or to similar penalty the individual who should be found in any part of the British dominions within the term of his banishment. The letter continues:--
"The last and most important Act is now to be considered, which is entitled, 'An act to subject certain publications to the duties of stamps upon newspapers, and to make other regulations for restraining the abuses arising from the publication of blasphemous and seditious libels', but is, in fact, an imposition of a duty on political knowledge and information, for the better preservation of ignorance amongst the laboring classes. There are some very unfair exceptions in this Act; for instance, every pamphlet written in defence of the Christian religion is exempt from the duty imposed by this Act, whilst every answer coming within the quantity of paper and price prescribed, is subject to it. For instance, Dr. Rudge* might address me on the evidences of the Christian religion in the _Christian Champion_ for fourpence (8 cents), but I could not answer him in the _Republican_ for less than sixpence (12 cents). These, Sir Robert, are your deeds, and they are worthy of you, for apostasy is always desperate and vicious in proportion to its former profession, while consistency at the same time becomes its mirror and object of attack.
* Dr. Rudge was a clergyman of the Established Church who sent Carlile Soame Jenyns' "View of the Internal Evidence of the Christian Religion" shortly before his sentence. A long correspondence was kept up between Carlile and the Doctor, which was published in the _Republican_.
What view your former patron had in pushing you forward is not for me to say, whether he was anxious to find an Attorney-General who should outstrip him in infamy whilst filling that office is best known to himself; but certainly, if that was his object, he has succeeded well. Your profession is certainly one that gives native genius an opportunity of displaying itself, and with a corresponding degree of spirit to reach the highest and most important offices of the State. Perhaps there never was an instance before of so young a man as yourself, or one who has been so short a time at the Bar, reaching the office you now fill, and on hearing your name announced for the office of Attorney-General I, with many others, was astonished at the promotion, knowing you by name only, as the man who was horsewhipped by Mr. Gurney, of Stannery Court notoriety, and your bringing a suit against him. In London you certainly were a briefless barrister. It was supposed that some one had discovered some lurking talent in you, and had been generous enough to push you forward. But how great was the surprise to find that you were destitute of talent as a lawyer, of grace as an orator, and of dignity as an officer of State. There are those who have affirmed that noble minds can proceed only from noble birth; as far as you are the object in view, this maxim is certainly verified, but it must be admitted that history affords us many exceptions to this rule. You, Sir Robert, in the absence of talent and of every requisite for your office and profession, have been fortunate enough to make up the deficiency by the assistance of a powerful friend. If Sir Vicary Gibbs had possessed no other personal means of bringing him out of Devonshire, and the western circuit, than Sir Robert Gilford possesses, both would have remained there to this day, the one a worn-out barrister, the other an attorney's clerk. But fortunately for you, your father had the means as a tradesman of assisting Sir Vicary Gibbs when in a state of penury, and a part of the contract was that you should be pinned on to his tail.