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formers,-of men whom he cannot call mercenary 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 me, -He has given you a comment upon words, upon which I likewise offered you some humble observations;—I mean the words, " otherwise well-disposed." 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 should now call upon you for a verdict, or if I should now take.




opinion; because there is not a single title of evidence before you which was not before me when the Indictment was laid. I protest against that doctrine, that the Attorney General 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 persons in 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 'dúty to regulate his judgment by a conscientious pursuance of that which is recommended to him to do. And if any thing is recommended to hini, 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 t 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 honourable 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 my 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 represented-when a man goes into a coffeehouse, who is from 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 today, provoked the indignation (if you please so to call it) of all who heard it-when persons, one, two, three, or more, come to ask him what he meant by it, when he gives them the explanation, and when he makes the offensive words still more offensive by the explanation that he repeatedly gives-will any man tell me, that if he goes into a public coffec

house, whether he comes into it from up stairs, or whether he goes into it from the street, that he is entitled to the protection that belongs to the confidences of private life, or that it is a breach of the duties that result out of the confidences of private life?

Gentlemen, I call upon you seriously to consider the case, to act with candour, to act with indulgence to him, if you please, but at the same time to act with firmness as between him and the country. My learned friend has tried me in some measure to-day; now I avow it again-when respectable persons will state to me that such circumstances did pass, I will not take upon myself to say, that it is consistent with my duty to the King, or that it is consistent with my duty to the country, for whose benefit it is that he is King, that I should hear that such things have passed unnoticed. And when it is stated by such men as these are,-unimpeached,-feeling something, though their political theories are not the same as those of this Defendant, surely they may be allowed to feel and to express at least with zeal their indignation, if not to assert with industry their right to what they enjoyed through the blessing of Providence, and the constitution under which they lived. It was a case which excited the honest zeal and the fair and reasonable indignation of a great number of gentlemen ;-all respectable men, and competent to sit in that jury-box, as between this or any other individual and the justice of the country. But, Gen

tlemen, according to my learned friend, I was to do one of these things: I was to say to Mr. Frost, which I certainly should have been glad to have said to him, or any man who stands in the situation of a Defendant, if I could do it with propriety, What is this story, Mr. Frost? Can I ask a Defendant, whom I am to prosecute upon the přima facie evidence laid before me, what he is to say for himself in that stage of the business? It was open to Mr. Frost in every stage of the business to have explained his conduct. He does not come upon this record ' to say, as many persons have said, I admit I spoke the words, I will not give you the trouble to prove the words: I spoke them in a degree of heat. (what he has never yet said, for he only seemed to retract;) I am sorry for the words I have used.

I am

Gentlemen, my learned friend says, I should have said nothing to you upon the subject of France, and he particularly alludes to a question put by my! learned friend, who will do me the justice to say, that I had no communication with him upon any such question. But I will explain myself upon that, as I think I ought to do upon every thing which oc

curs in a cause.

Gentlemen, if words of this sort spoken in France are a crime, I know from his Lordship's authority, as well as the authority of every principle of settled law, that I cannot give them in evidence; and if acts done in France amount to a crime against the law” of this country, I know also, I ought not to give in

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