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798 X. AMERICAN STATE TRIALS.

meant to justify his own conduct and language throughout.
You, gentlemen of the jury, under the direction of the court,
will decide whether he has presented to you such a justifica-
tion as will entitle him te your verdict in his favor.

THE CHARGE TO THE JURY.

duper Cuase. Gentlemen of the jury: When men are
found rash enough to commit an offense such as the traverser
is charged with, it becomes the duty of the government to
take care that they should not pass with impunity. It is my
duty to state to you the law on which this indictment is pre-
ferred, and the substance of the accusation and defense.

Thomas Cooper, the traverser, stands charged with having
published a false, scandalous and malicious libel against the
President of the United States, in his official character ss
President, There is no civilized country that I know of, that
doea not punish snch offenses; and it is necessary to the
peace and welfare of this country, that these offenses should
meet with their proper punishment, since ours is a govern-
ment founded on the opinions and confidence of the people.
The Representatives and the President are chosen by the
people. It is a government made by themselves; and their
officers are chosen by themselves; and, therefore, if any im-
proper law is enacted, the people have it in their power to
obtain the repeal of such law, or even of the Constitution it-
self, if found defective, since provision is made for its amend-
ment. Our government, therefore, is really republican; the
people are truly represented, since all power is derived from
them. It is a government of representation and responsi-
bility. All officers of the government are liable to be dis-
placed or removed, or their duration in office limited by eles-
tions at fixed periods. There is one department only, the
judiciary, which is not subject to such removal; their offices
being held ‘‘during good behavior,”’ and therefore they can
only be removed for misbehavior.

All governments which I have ever read or heard of punish

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