616 
for the consideration of the jury, 
was, as to the nature and quality of 
the papers themselves. ‘The de- 
fendant, by his very learned coun- 
sel, endeavoured to shew that these 
papers were written against some 
particular factions in France, and 
not against the character and person 
of the first magistrate in that coun- 
try. It would be for the jury to 
say, on the fullest consideration of 
the circumstances, whether they 
were not satisfied these papers con- 
tained matter highly refleéting on 
that magistrate, and were a direct 
incitement and encouragement to as- 
sassinate his person. Every publi- 
cation that had a tendency to pro- 
mote public mischief, by refleéting 
on the characters of magistrates and 
others in high and eminent situations 
of power and dignity, and in such 
terms, and in such a manner, as had 
a direct tendency to interrupt the 
amity and friendship that subsisted 
between the two countries, was 
what the law called a libel. If there 
were contained in any publication, a 
plain and manifest incitement and 
persuasion to assassinate or destroy 
the persons of such magistrates, and 
if the tendency of such publication 
was to interrupt the harmony that 
subsisted between different nations, 
the libel was still more criminal.— 
ff they looked at the ode attributed 
to Chenier, it would be for the gen- 
tlemen of the jury to say, whether 
this did not import a direét incite- 
ment to the assassination of the first 
magistrate of France-—** Oh! eter- 
nal disgrace of France! Cesar, on 
the Bank of the Rubicon, has 
against him, in his quarrel, the se- 
nate, Pompey, and Cato; and the 
plains of Pharsalia. If fortune is un- 
equal—if you must yield to the des- 
tinies, Rome, in this sad reverse, at” 
ANNUAL REGISTER, 1803. 
least, there remains to avenge you 
a poignard among the last Ro- 
mans !”” 
Now, said his lordship, did not 
that express a wish, on the pari of 
this person, that it was necessary 
they should use a -poignard against 
the supposed oppressor and usurper. 
of their government, which had been 
used with effeét against Cesar, the 
usurper of the Roman government ? 
—And, in another part of this pub- 
lication, he says, ‘* as for me, far 
from envying his lot, let him name, 
I consent to it, his worthy succes- 
sor. Carried on the shield, let him 
be elected emperor. Finally (and 
Romulus recals the thing to mind,) 
I wish he may have this apotheosis.” 
This, his lordship thought, imported 
a wish, on the part of the publisher, 
that, if he should be eleéted empe- 
ror of that country, of which he 
was then, and still is, the chief ma~ — 
gistrate, that his death should im- 
mediately follow on the next day. 
Every body knew the supposed 
story of Romulus ; he disappeared, 
and his death was supposed to be 
the effeét of assassination. 
His lordship said, he could not, 
therefore, in the correét discharge 
of his duty, do otherwise than state, 
that these publications having such 
a tendency, with respect to the cha- 
racter and person of a foreign ma- 
gistrate, and being published within 
this country, and the consequence of, 
such publications being a direct ten- 
dency to interrupt and destroy the 
peace and amity now happily sub- 
sisting between the two cotntries, 
that they were, in point of law, a 
libel: and he was certain, no recol- 
lection of the past, nor expectation 
of the future, would warp the minds 
of the jury from the straight and 
eyen course of justice. Their ver- 
dict 
