lawyer.
The defendant here fainted, and was taken out of court. After the
interruption which this circumstance occasioned had subsided, Mr. COOPER
proceeded--
Gentlemen, I lament in common with many others that this evil has
attended an extended degree of civilization and trade--that our laws have
become too numerous and complicated for the capacity of the mind. That
they are so, is not my opinion alone, but that of the Legislature itself.
I believe that a committee of the Houses of Parliament has been sitting
and still sits for the object of reducing our laws to some limit in their
number and some order as to their design; without which our Constitution,
to use the words of the writer, cannot be tangible; a tangible shape, at
present it does not possess, for that cannot be tangible which spreads
itself over a boundless extent, that eludes, and defies the grasp of the
human intellect.
Having disposed of thus much of this paragraph, I come to the words, on
which my learned friend, Mr. Gurney, laid such extreme stress in his
address to you. "Our very laws, are corrupt and partial both in
themselves, and in their administration. In fact corruption _as
notorious as the sun at noon-day_ is an avowed part of the system, and is
denominated the necessary oil for the wheels of Government. It is a most
pernicious oil to the interests of the people." This is strong language
I admit, and would perhaps be censurable as imprudent, at least, if the
very expressions themselves, which the writer uses, did not guide us
directly to the facts to which he alludes, and explain the passage. He
alludes most manifestly to the celebrated exclamation of a person at the
time that he was in the seat of office, the first commoner of the realm,
and who instead of being reproached for his words has retired from his
office with the honours which he has merited for his services in it. It
transpired in the House of Commons, that seats had been trafficked for as
articles of sale and purchase for money.
Mr. Justice BEST.--Is that a subject at all relating to the question
which is now before the jury?
Mr. COOPER.--My Lord, I am going to use the declaration of the Speaker,
as a matter of history, and to show, that the words charged as criminal
were an allusion to it; and if so, were not criminally used. I do not
wish, nay I would avoid the introduction of any improper or inflammatory
topics. I would not attempt to serve my client by such
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