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JAMES THOMPSON CALLENDER. 867

wish to interrupt them improperly; that there was no occa-
sion to be captious; and concluded thus, ‘‘Act as you please,
air,”

Juper Cuase, I will assign my reasons why I will not
permit the counsel for the traverser to offer arguments to the
jury, to urge them to do what the Constitution and law of
this country will not permit; and which, if I should allow, 1
should, in my judgment, violate my duty, disregard the Con-
stitution and law, and surrender up the judicial power of
the United States, that is, the power intrusted by the Con-
stitution to the Federal courts, to a petit jury, in direct
breach of my oath of office.

The indictment charges that the traverser, on the Ist day
of February, 1800, designing and intending to defame the
President of the United States, and to bring him into con-
tempt and disrepute, and to excite the hatred of the good
people of the United States against him, did wickedly and
maliciously write, print, utter and publish (or did cause or
procure to be printed and published), a false, scandalous and
malicious writing, against the said President of the United
States, of the tenor and effect stated in the indictment. On
examining the indictment, it appears, that twenty separate
and distinct sets of words are set forth therein, as allegations
or charges against the traverser. He has plead “‘not guilty””
to all of them.

To support this indictment on behalf of the government of
the United States, it must be proved to the jury; first, that
the traverser did write, print, utter or publish, or did cause
or procure to be printed or published, a false and scandalous
writing against the President of the United States; secondly,
that the said writing is false, scandalous and malicious; and
thirdly, that it was published with intent to defame the
President, ete., as stated in the statute and charged in the
indictment.

If these three facts shall be established to the satisfaction
of the jury, they must find the traverser guilty, generally,
‘unless he can prove to them the truth of the matter con-

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