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THOMAS COOPER. 799

libels against themselves. If a man attempts to destroy the
confidence of the people in their officers, their supreme magia-
trate, and their legislature, he effectually saps the founda-
tion of the government. A republican government can only
be destroyed in two ways; the introduction of luxury, or the
licentiousness of the press. This latter ia the more slow, but
most sure and certain, means of bringing about the destruc-
tion of the government. The legislature of this country,
Imowing this maxim, has thought proper to pass 3 law to
check this licentiouaness of the press. By a clause in that
Jaw it is enacted—(He here read the second section of the
Sedition Law).

It must, therefore, be observed, gentlemen of the jury, that
the intent must be plainly manifest: it is an important word
in the law; for if there is no such intent to defame, ete., there
is no offense created by that law.

Thomas Cooper, then, stands indicted for having pub-
lished a false, seandalous and malicious libel upon the Presi-
dent of the United States, with intent to defame the Presi-
dent, to bring him into contempt and disrepute, and to ex-
cite against him the hatred of the good people of the United
States. This is the charge. The traverser has pleaded not
guilty, and that he has not published, etc., with these views:
he has also pleaded in justification (which the law provides
for), that the matters asserted by him are true, and that he
will give the same in evidence.

It is incumbent on the part of the prosecution to prove
two facta:

Ast. That the traverser did publish the matters contained
in the indictment.

2a. That he did publish with intent to defame, ate,

For the intent is as much a fact as the other, and must be
proved in the same manner as other facta; and must be
Proved as stated in the law of Congress—the mere publica-
tion is no offense; and in making up your verdict, though you
consider them separately, you must take the whole tenor and

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