sty the queen, "in defiance of the law, to the injury of good morals
and the peace of society, with having no memory, etc., etc." To both
these charges the plea of "not guilty," was entered as fast as possible,
in behalf of our client.
I ought to have said before, that both Brigadier Downright and myself
had applied to be admitted of counsel for the accused, under an ancient
law of Leaphigh, as next of kin; I as a fellow human being, and the
brigadier by adoption.
The preliminary forms observed, the attorney-general was about to go
into proof, in behalf of the crown, when my brother Downright arose
and said that he intended to save the precious time of the court,
by admitting the facts; and that it was intended to rest the defence
altogether on the law of the case. He presumed the jury were the judges
of the law as well as of the facts, according to the rule of Leaplow,
and that "he and his brother Goldencalf were quite prepared to show that
the law was altogether with us, in this affair." The court received
the admission, and the facts were submitted to the jury, by consent, as
proven; although the chief-justice took occasion to remark, Longbeard
dissenting, that, while the jury were certainly judges of the law, in
one sense, yet there was another sense in which they were not judges of
the law. The dissent of Baron Longbeard went to maintain that while the
jury were the judges of the law in the "another sense" mentioned, they
were not judges of the law in the "one sense" named. This difficulty
disposed of, Mr. Attorney-General arose and opened for the crown.
I soon found that we had one of a very comprehensive and philosophical
turn of mind against us, in the advocate of the other side. He commenced
his argument by a vigorous and lucid sketch of the condition of the
world previously to the subdivisions of its different inhabitants
into nations, and tribes, and clans, while in the human or chrysalis
condition. From this statement, he deduced the regular gradations by
which men become separated into communities, and subjected to the laws
of civilization, or what is called society. Having proceeded thus far,
he touched lightly on the different phases that the institutions of
men had presented, and descended gradually and consecutively to the
fundamental principles of the social compact, as they were known to
exist among monikins. After a few general observations that properly
belonged to the subject, he came to speak
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