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840 X. AMERICAN STATE TRIALS.

efforts for provoking a French war.” And also the false, sean-
dalous, and malicious words, of tenor and effect following, that is
to say: “For although Mr. Adama [meaning the said President of
the United States] were to make a treaty with France, yet such is
the grossness of his [meaning the said President] prejndice, and
so great is the violence of his [meaning the said President] passions
that under his meaning the said President administration, America
[meaning the United States of America] would be in constant dan-
ger of a second quarrel.” Also the false, seandalous and malicious
words, of the tenor and effect following, that ia to say: “When a
chief magistrate [meaning the said President of the United States]
is both in his [meaning the said President] speeches and his [mean-
ing the said President] newspapers constantly reviling France, be
‘meaning the said President] can neither expect or desire to live
long in peace with her. Take your choice then, between Adams
[meaning the said President] war and beggary, and Jefferson, peace
and competeney,” to the great seandal of the President of the
United States, to the evil and pernicious example of all others in
the like ease offending against the form of the act of the Congress
of the United States, in auch ease made and provided, and against
the peace and dignity of the said United States of America,

Mr. Nelson, I shall not attempt, gentlemen of the jury, to
excite your passions or inflame your feelings. I shall endeavor
to be cautions, and avoid uttering what ought not to be said,
which may in any manner influence your judgment, upon
your oath; for in that office which I hold, which is that of the
people of United America, it is more than a common duty, to
teke care not to step beyond that line which leads to justice.
To that state in which your passions shall be; to such feelings
as you shall possess, after hearing the charge contained in the
indictment, the evidence in support of it, and a fair state-
ment and representation of the case, I shall Jeave and en-
trust the case. In the present state of the business, it will
‘be proper for me to eall your attention to the statute or act
of Congress which relates to this case.

(Here Mr. Nelson vead the second and third seetions of the
sedition law.)

Upon this statute James Thompson Callender is now in-
dicted, and the indictment charges that maliciously design-
ing and intending to defame the President he, James Thomp-
son Callender, did publish the libel set forth therein, with
intent to bring him into contempt and disrepute, and to ex-

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