'Of all this there is possibility, and of all this there is danger. But if possibility of evil be to exclude good, no good ever can be done. If nothing is to be attempted in which there is danger, we must all sink into hopeless inactivity. The evils that may be feared from this practice arise not from any defect in the institution, but from the infirmities of human nature. Power, in whatever hands it is placed, will be sometimes improperly exerted; yet courts of law must judge, though they will sometimes judge amiss. A father must instruct his children, though he himself may often want instruction. A minister must censure sinners, though his censure may be sometimes erroneous by want of judgement, and sometimes unjust by want of honesty.
'If we examine the circumstances of the present case, we shall find the sentence neither erroneous nor unjust; we shall find no breach of private confidence, no intrusion into secret transactions. The fact was notorious and indubitable; so easy to be proved, that no proof was desired. The act was base and treacherous, the perpetration insolent and open, and the example naturally mischievous. The minister, however, being retired and recluse, had not yet heard what was publickly known throughout the parish; and on occasion of a publick election, warned his people, according to his duty, against the crimes which publick elections frequently produce. His warning was felt by one of his parishioners, as pointed particularly at himself. But instead of producing, as might be wished, private compunction and immediate reformation, it kindled only rage and resentment. He charged his minister, in a publick paper, with scandal, defamation, and falsehood. The minister, thus reproached, had his own character to vindicate, upon which his pastoral authority must necessarily depend. To be charged with a defamatory lie is an injury which no man patiently endures in common life. To be charged with polluting the pastoral office with scandal and falsehood, was a violation of character still more atrocious, as it affected not only his personal but his clerical veracity. His indignation naturally rose in proportion to his honesty, and with all the fortitude of injured honesty, he dared this calumniator in the church, and at once exonerated himself from censure, and rescued his flock from deception and from danger. The man whom he accuses pretends not to be innocent; or at least only pretends; for he declines a trial. The crime of which he is accused has frequent opportunities and strong temptations. It has already spread far, with much depravation of private morals, and much injury to publick happiness. To warn the people, therefore, against it was not wanton and officious, but necessary and pastoral.
'What then is the fault with which this worthy minister is charged? He has usurped no dominion over conscience. He has exerted no authority in support of doubtful and controverted opinions. He has not dragged into light a bashful and corrigible sinner. His censure was directed against a breach of morality, against an act which no man justifies. The man who appropriated this censure to himself, is evidently and notoriously guilty. His consciousness of his own wickedness incited him to attack his faithful reprover with open insolence and printed accusations. Such an attack made defence necessary; and we hope it will be at last decided that the means of defence were just and lawful.'
When I read this to Mr. Burke, he was highly pleased, and exclaimed, 'Well; he does his work in a workman-like manner.'[184]
Mr. Thomson wished to bring the cause by appeal before the House of Lords, but was dissuaded by the advice of the noble person who lately presided so ably in that Most Honourable House, and who was then Attorney-General. As my readers will no doubt be glad also to read the opinion of this eminent man upon the same subject, I shall here insert it.
CASE. 'There is herewith laid before you, 1. Petition for the Reverend Mr. James Thomson, minister of Dumfermline. 2. Answers thereto. 3. Copy of the judgement of the Court of Session upon both. 4. Notes of the opinions of the Judges, being the reasons upon which their decree is grounded. 'These papers you will please to peruse, and give your opinion, Whether there is a probability of the above decree of the Court of Session's being reversed, if Mr. Thomson should appeal from the same?'
'I don't think the appeal adviseable: not only because the value of the judgement is in no degree adequate to the expence; but because there are many chances, that upon the general complexion of the case, the impression will be taken to the disadvantage of the appellant.
'It is impossible to approve the style of that sermon. But the complaint was not less ungracious from that man, who had behaved so ill by his original libel, and, at the time, when he received the reproach he complains of. In the last article, all the plaintiffs are equally concerned. It struck me also with some wonder, that the Judges should think so much fervour apposite to the occasion of reproving the defendant for a little excess.