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"2d. Mr. Adams has declared, that a republican government may mean any thing.

"3d. Mr. Adams did sanction the alien law, and thereby the abolition of the trial by jury, in the cases that fall under that law.

"4th. Under the auspices of Mr. Adams, the expense of a permanent navy is saddled on the people.

5th. Under the auspices of Mr. Adams, we are threatened with the existence of a standing army.

"6th. The government of the United States. has borrowed money at 8 per cent in time of peace. "7th. The unnecessary violence of official expressions used by Mr. Adams, and those in authority under him, and his adherents, might justly have provoked a war.

8th. Political acrimony has been fostered by those who call themselves his friendly adherents.

9th. Mr. Humphries, after being convicted of an assault and battery on Benjamin Franklin Bache, the printer of the Aurora, merely from political motives, was, before his sentence was expired, promoted by Mr. Adams to a public office, viz. to carry dispatches to France.

"10 h. Mr. Adams did project, and put in execution, embassies to Prussia, Russia, and the Su-. blime Porte.

"11th. Mr. Adams, in the case of Jonathan Robbins, alias Nash, did interfere to influence the decision of a court of justice.

(Signed)

"THOMAS COOPER."

When this cause was called up for trial--the defendant informed the court, that he had applied to Mr. Rawle, the attorney of the United States for the district, to know whether he would admit the Gazette of the United States to be read in evi

dence;

dence; that Mr. Rawle replied, he did not consider newspapers as legal testimony; and that, in consequence of this reply, he had applied to Mr. Pickering, the secretary of state, for copies of certain addresses and answers, from and to the President of the United States: and to this application, Mr. Pickering replied, that these papers were not deposited in his office.-The defendant observed that he considered he had a right to copies of those papers, from the officers of the government, and read the case of Rex v. Holt, in suppo't of his right, and upon this he applied to the President of the United States for copies of the papers. He informed the court, that he made application to the President by a letter, which he read. This letter stated, that being indicted for a supposed libel, he found it necessary to apply to the President for official copies of certain addresses to him (the President), and his answers to them; and requested the President to consider his letter as a legal written application for copies of the papers required by him. To this letter, the defendant observed, he had received no answer; in consequence of his not receiving an answer, he purchased a volume, purporting to be addresses to the President, and his answers, published in Boston, that he sent his son with the volume to Mr. Shaw, the secretary of the President, with a note, requesting Mr. Shaw to examine the publication in the volume with the originals, and inform him if they were correct; to this Mr. Shaw made the following reply: "Mr. Shaw informs Mr. Cooper that he will not receive any information concerning answers to addresses from this house." The defendant then observed that he regarded this as an official answer from the President of the United States, and he did not see how he could proceed when that testimony which was necessary to his defence

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fence was withheld from him "by the person who may be considered as his accuser or prosecutor."

Judge Chase here observed to the defendant, that he was greatly mistaken in considering the President of the United States as his prosecutor; it was no such thing. You are charged, said the Judge, with having violated a law of the United States, and the government of the United States proseYou say you have a right to copies of official papers in the great offices of state; I know of no law which gives you this right. You seem to take it for granted that you have this right; it is

cutes.

not so.

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The defendant then observed, that he had subponed several gentlemen in Congress and had received important information, and that he was also informed that several gentlemen in Congress hesitated whether they would attend, as they would not neglect their official duties to attend as a witness in a court; here Mr. Dallas read a note, addressed to him from Mr. Langdon, informing, that the Senate were in session, and he could not attend the court. The witnesses were then called over, to wit: Timothy Pickering, Jacob Wagner, Robert G. Harper, Thomas Pinckney, John Davenport, Colonel Matthew Lyon, Albert Gallatin, John Langdon, William Craick and Edward Livingston. Those whose names are in Italics attended.

Judge Chase asked the defendant if he meant the cause should be continued to the next term; if so, he must proceed according to law. He must file .an affidavit, stating the reasons why he desired it to be continued. The defendant filed his affidavit, which in substance stated, that owing to the absence of two material witnesses on his behalf, he could not with safety go on to trial.

Judge Chase observed that the affidavit was insufficient, because it did not disclose to the court.

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the names of the witnesses, and what was expected they would prove, and the court could not judge from the affidavit whether they were material witnesses." We will indulge you, Mr. Cooper," said the judge," with permitting you to file an additional affidavit; this indulgence we grant because you have no counsel. We wish you had thought proper to have employed counsel, individuals are not supposed to be acquainted with law; therefore we permit your filing an additional affidavit."

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While Mr. Dallas was assisting the defendant in drawing the additional affidavit, the witnesses required by him appeared in court, and the defendant said he was ready to proceed to trial.

The Judge's Charge to the Jury.

Gentlemen of the Jury,

When men are found rash enough to commit an offence such as the traverser is charged with, it becomes the duty of government, as it is the law of the land, that they should not pass with impunity. The traverser is charged with having published a false, scandalous and malicious libel on the President of the United States, in his official character as President. I know of no civilized country that does not punish similar offences, and it is peculiarly necessary to the peace and happiness of this country, that such offences should meet with their proper punishment, as our government is a government founded on the opinions and confidence of the PEOPLE it is their government-created by them, and if an improper law is enacted, the people have it in their power to obtain the repeal of such law, or even the constitution, if found defective, provision is made for its amendment-therefore our government is truly republican-a GOVERNMENT OF REPRESENTA

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TION AND RESPONSABILITY.

All officers of the

government are liable to be removed, or their duration in office limited by elections at certain fixed periods, except the judiciary, who are restricted by the constitution, which declares they "shall hold their offices during good behaviour," and therefore may be removed for misbehaviour in that office.

All governments punish libels upon government; and it is my opinion that there is nothing we should more dread than the licentiousness of the press. A republican government can only be destroyed by the introduction of luxury and the licentiousness of the press. If you destroy the confidence of the people in their supreme magistrate and the legislature, you effectually sap and undermine the government. The licentiousness of the press is the slow but sure and certain means of destroying the confidence of the people; when that confidence, which is the support of the government, ceases, the government must fall. The government of this country has thought proper to pass a law to check the licentiousness of the press, and prescribing the punishment for the violation of the law.

The Judge read the act of Congress upon which the defendant was indicted, and proceeded to observe, that the intent to defame, to bring into contempt and disrepute and to excite the hatred of the people, were important words in the law; for if there is no such intent, there is no offence created by the law.

THOMAS COOPER, then, stands indicted with publishing a false, scandalous and malicious libel upon the President of the United States, with intent to defame the President, to bring him into contempt and disrepute; and to excite against him the hatred of the people of the United States.

In making up your verdict, gentlemen, you will consider two things, the publication, and the

intent

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