614 
is the chief magistrate of this coun- 
try, who is unworthily represented 
in this court by me: it is the prose- 
cution of the king of Great Britain. 
—The defendant has received every 
protection he could hope for, not 
as an emigrant merely, but as an 
English subjest. My learned friend 
has enquired respecting the policy 
of permitting other publications to 
pass unnoticed: he will reflect that 
a considerable difference exists: it 
will be for you to say, whether the 
paper under consideration excites to 
assassination? Now, gentlemen, 
put yourselves fora moment as the 
subjects of another country, and 
then ask, whether such a publication 
as that, coming from this country, 
would have no influence on your 
minds; whether it would appear in- 
different, or whether it would not 
excite indignation against England 
itself ? 
With respect to the object of the 
publication under our consideration, 
you must coilect it from the publi- 
cation itself; and .that, if you have 
not evidence from which a contrary 
inference is to be collected, you must 
find them in the temper, mind, and 
intention of the person who pub- 
lishes it. My friend has told you, 
the republication of a writing, ori- 
ginally .a libel, is necessarily libel- 
lous: but I think it behoves the 
republisher of that, which is deem- 
ed to be originally libelious, to put 
himself in-a condition of shewing, 
that he republished it with some 
other view ; and to rescue himself, 
he must shew that he did it with 
another intention, and thai he did 
not intend the effect to be produced, 
which was natural from the Iibel he 
republished. And if you had your 
attention directed to the introduc- 
tion of this work, and saw what it 
ANNUAL REGISTER, 1803. 
is, I think you will find no reason 
to lead you to believe, that it was 
republished with a different inten- 
tion on his part, than to vilify and 
defame the character of the person 
against whom it is directed. 
From the passages you have heard 
read, gentlemen, you are to collect 
the purpose and intention of the 
writer. The passage I originally 
introduced, shews there is no one 
part of any description he is to bring 
forward, which is not to refer to 
the object I alluded to. I shall re- 
peat his words:—‘* We shall add 
but one word more, We shall so 
manage matters, that all the mate. 
rials which we shall employ in the 
edifice that we are about to erect 
to the glory of Bonaparte’’—W hat 
is this, gentlemen? What are we 
to understand by the edifice he is 
about to erect to the glory of Bona- 
parte ? Dogs not this clearly shew 
Bonaparte is to be the object of it? 
‘¢ shall be worthy ofthe temple?” 
Having, by all these introductory 
passages, shewn the intention of the 
author, it is hardly necessary to 
comment on the passages themselves, 
which have been selected, and which 
are to be found in the information, 
My friend seems to admit, that 
there is much libellous matter in 
these publications; but, he says, 
they are not libels against Bona. 
parte, and that they were only 
meant to reflect disgrace on certain’ 
factions that existed in France.— 
Now it is rather extraordinary, that 
my friend should have observed, in 
the course of his speech, that Bona. 
parte was the author of this prose- 
cution, if it was not a libel against 
him, bata libel on certam parties at 
Paris, who were his enemies. That 
is a part, which, I think, is not 
very easily to be reconciled, 
Can 
