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dition of an English subject with that of a citizen of France, which he is supposed in theory to prefer. These are the true criterions by which, in the long run, individuals and nations become affectionate to governments, or revolt against them; for men are neither to be talked nor written into the belief of happiness and security when they do not practically feel them, nor talked or written out of them when they are in the full enjoyment of their blessings. But if you condemn the defendant upon this

. sort of evidence, depend upon it he must have his adherents, and, as far as that goes, I must be one of them.

Gentlemen, I will detain you no longer, being satisfied to leave you, as conscientious men, to judge the defendant as you yourselves would be judged; and if there be any amongst you who can say to the rest that he has no weak or inconsiderate moments; that all his words and actions, even in the most thoughtless passages of his life, are fit for the inspection of God and man, he will be the fittest person to take the lead in a judgment of guilty, and the properest foreman to deliver it with good faith and firmness to the court.

I know the privilege that belongs to the Attorney-General to reply to all that has been said; but perhaps, as I have called no witnesses, he may think it a privilege to be waived. It is, however, pleasant to recollect, that if it should be exercised, even with his superior talents, his honor and candor will guard it from abuse.


GENTLEMEN OF THE JURY: The experience of some years has taught me that in the useful administration of justice, as it is administered by the juries in this country, little more is necessary

than to lay before them correctly the facts upon which they are to form their judgment, with such observations as naturally arise out of those facts.

Gentlemen, feeling that very strongly at present, I am certainly bound in some measure to account to you why I feel it my duty in this stage of this proceeding to avail myself of that liberty which my learned friend has stated to belong to me in addressing you again.

Gentlemen, my learned friend has thought proper to state this prosecution as the prosecution of informers, of men whom he cannot call merce


nary informers, but certainly whom he has been anxious to represent as officious informers; as a prosecution which it was my duty, independently of any considerations that I might feel myself upon the subject, to bring before you, that it was what I could not approve of, but what I was bound to persevere in till I received your verdict.

Gentlemen, with respect to bringing the cause before the court, my learned friend has not confined his observations to that point. He has stated also, and every thing that falls from him, and more especially in a case that concerns the Crown and an individual, deserves and must have an answer from

He has given you a comment upon words, upon which I likewise offered you some humble observations; I mean the words, “otherwise welldisposed.” I remarked that where words in their natural meaning did import a seditious mind, it would be competent to a defendant to show upon a general principle that, whatever might be the words uttered, the circumstances attending the expression of them might be stated to the jury, in order to give a different sense to them from their primary import.

Gentlemen, I hold it to be my duty, standing here responsible to the public for the acts that I do— deeply impressed with a consciousness that I am so responsible, to state to you that I must be extremely guilty of a breach of my duty if I persons in

should now call upon you for a verdict, or if I should now take your opinion; because there is not a single tittle of evidence before you which was not before me when the indictment was laid. I protest against that doctrine that the AttorneyGeneral of England is bound to prosecute because some other set of men choose to recommend it to him to prosecute, he disapproving of that prosecution. I know he has it in his power to choose whether he will or not, and he will act according to his sense of duty. Do not understand me to be using a language so impertinent as to say that the opinions of sober-minded

any station in life as to the necessity that calls for a prosecution ought not deeply to affect his judgment. But I say it is his duty to regulate his judgment by a conscientious pursuance of that which is recommended to him to do. And if anything is recommended to him which is thought by other persons to be for the good of the country, but which he thinks is not for the good of the country, no man ought to be in the office who would hesitate to say, “My conscience must direct me, your judgment shall not direct me.” And I know I can do this I can retire into a situation in which I shall enjoy what, under the blessings of that constitution thus reviled, is perhaps the best proof of its being a valuable constitution -I mean the fair fruits of an humble industry, anxiously and conscientiously exercised in the fair and honorable pursuits of life. I state, therefore, to my learned friend that I cannot accept that compliment which he paid me when he supposed it was not my act to bring this prosecution before you, because it was not what I myself could approve. Certainly this prosecution was not instituted by me, but it was instituted by a person whose conduct in the humane exercise of his duty is well known; and I speak in the presence of many who have been long and often witnesses to it; and when it devolved upon me to examine the merits of this prosecution it was my bounden duty to examine, and it was iny bounden duty to see if this was a breach of the sweet confidences of private life. If this is a story brought from behind this gentleman's chair by his servants, I can hardly figure to myself the case in which the public necessity and expediency of a prosecution should be so strong as to break in upon the relations of private life. But, good God! is this prosecution to be so representedwhen a man goes into a coffee-house, who is from

a his profession certainly not ignorant of the respect which the laws of his country require from him as much as from any other man; and when he, in that public coffee-house (provided it was an advised speaking) uses a language, which I admit it is clear upon the evidence given you to-day, provoked the indignation, if you please so to call it, of all who

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