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THOMAS COOPER. 783

country. A ease too little known, but of which the people ought to be
fully apprised before the election, and they shall be.

‘Most assuredly, had these transactions taken place in August,
1797, then President Adams would uot bave been troubled by any
request from ‘Thomas Cooper.

Northumberland, Nov. 2, 1797.

The Prisoner, without counsel, appeared in his own behalf
and pleaded not guilty, and the jury was selected.

William Rawle,’ District Attorney, for the United States.

A question arose at the outset concerning the right of the
prisoner to compel the attendance, as witnesses, of several
members of Congress (Congress being then in session), and
of the President.

Mr. Cooper asked the court to address a letter to the
Speaker of the House, requesting him to have process served.
Juves Perers thought this the proper course. Jupor Cass
ordered process to issue without guch letter, saying, that if
it was necessary to compel the attendance of the members,
the case would be continued until the session was over. He
at the same time refused to permit a subpoena to issue di-
rected to the President of the United States, saying that it
‘was an improper and an indecent act,

The cause was continued to April 19, in order to enable
defendant to procure documentary and other evidence which
he considered material.

April 19.

The difficulty in obtaining the attendance of the members
of Congress who were subpoenaed was ultimately waived by
them; several of them appearing voluntarily in court and
ready to give their testimony,

The Jury was sworn,

Mr. Rawle. The defendant stands charged with attempts
which the practice and policy of all civilized nations have
thought it right at all times to punish with severity, with
having published a false, scandalous and malicious attack on
the character of the President of the United States, with an

* Seo 4 Am. St. Tr., 624,

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