discharged my duty.
If ever in my course in the profession, I should find myself wounded
either in fortune or reputation, instead of regretting and deploring it,
I will rejoice and exult at it, and, at those hours, when in full
confidence of his companions, it is neither indecent nor unsafe in a man
to speak of his own actions, I will boast of it, I will shew it, as an
honourable scar.
Gentlemen, with these preliminary observations, I will proceed to
introduce my case to you. My learned friend, Mr. Gurney, has opened this
prosecution with all that pomp of eloquence, and solemnity of
declamation, which he possesses in so ample a manner, and which make him
so accomplished an advocate. But what has he done? All, indeed, that he
or any one else could have done: yet, nothing more than repeat those
arguments, which are trite, and worn like a turnpike, and have been
topics for counsel after counsel, through a thousand of these
prosecutions; while he has left all the great subjects of consideration
that present themselves to the mind on these questions, wholly untouched.
He has declared, indeed, but without showing you why, that the words,
charged in the indictment are an atrocious libel; in which, as it appears
to me, he has been rather premature, for a libel they are not, and cannot
be, unless your verdict should so declare them. I assert, gentlemen, I
am sure his Lordship will nod assent to me while I assert it, that you
are the only judges of the law of libel in this case; and this paper, for
which the defendant stands before you, is either a libel or not a libel,
as you may in your consciences think it, and on your oaths pronounce it.
The statute, indeed, which declares this the law, has given, or rather
left with his Lordship, the right of stating his opinion on that question
to you; but I am sure he will not think that I exceed my duty, as an
advocate, when I say, that though it is your duty to receive his opinion
with respect, and give it the most attentive consideration, yet it still
leaves you free to your own judgments, and if after weighing his opinion,
you find yours unaltered, you have not only a right, but it is your duty
to reject his opinion and to act on your own.
Gentlemen, I submit that it is within your province to take into
consideration the nature and operation of those writings, which are
called in prosecutions of this kind libels. You are sitting there to try
this charge as an offence by th
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