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JAMES THOMPSON CALLENDER. 855

joint publisher with himself, and another witness declared,
that he explained the meaning of a certain term, supposed.
to be ambiguous in its application, is it possible to entertain
any doubt! Thus stands the evidence as to the publication.
It will be proper for me, gentlemen of the jury, to state to
you what is a publication in point of law, as to writing or
printing, That the direct or indirect circulation or emission
of a libel, is a publication thereof, in Jaw and in fact, has
never been questioned in a court of law. If it appears to you
that James Thompson Callender did not directly or indirectly
emit or cirenlate this paper, then is he not the publisher
thereof; if he be not the publisher directly nor indirectly
thereof, then onght he to be acquitted; and if he be the pub-
lisher, and the intention thereof be not criminal, that is, if the
matter therein contained be not false, scandalous and mali-
cious, still ought he to be acquitted; but if he be the publish-
er, and the matter be libellous, that is, false, scandalous and
malicious, the intention must be wicked and criminal, and you
must find him guilty. For the questions you are to try, gen-
tlemen of the jury, are: Was this paper published by the
traverser? Was the intention criminal! that is, is the mat-
ter false, scandalous and malicious? the evidence which you
have heard ascertains the first question, and an examination
of the paper, or such parts of it as are laid in the indictment,

most exquisitely delightful sensation that ever warmed » human
Dreast, the conseiousness of being universally and deservedly be-
loved.”

17. “It is happy for Mr, Adams himself, as well as for his coun-
try, that he asserted an untruth.”

18, “In the midst of such a scene of profligacy and of usury, the
President has persisted as long as he duret, in making his ntmoat
efforts for provoking a French wat.”

19. “For although Mr, Adams were to make a treaty with
France, yet such is the grossness of hia prejudice, and so great is
the violence of his passions, that under his administration America
would be in constant danger of a second quarrel.”

20. “When a chief magistrate is both in his speeches and in his
newspapers, constantly reviling France, be ean neither expect nor
desire to live long in peace with her. Take your ehoice then be-
tween Adams, war and beggary, and Jefferson, peace and com-
peteney.”

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