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JAMES THOMPSON CALLENDER, 841

cite the hatred of the good people of the United States towards
him. It will be for you, gentlemen of the jury, in this case
to determine whether the traverser has, or has not, been the
publisher of this paper. This point being ascertained, it will
be for you to consider with what view, and for what purpose,
a paper like this has been composed and published.

Tf you believe it to be a candid and fair discussion of con-
stitutional subjects, of real grievances, or of political opin-
ions and principles generally, you will not consider it to be a
libel within the statute. If you believe the facts and allega-
tions averred in the paper are true, you will consider that the
traverser hath defended himself according to the statute; but
if from internal evidence in the paper itself you do not think
80, you do not believe it to be a candid evidence and fair dis-
cussion of constitutional subjects, real grievances, or political
opinions and principles, and that it does not contain the trath
in all parts, you must find the traverser guilty.

You will take the paper into your room with you, and
eonsider it coolly and dispassionately, free, and discharged
from all that you may have heard abroad respecting it, and
determine in your minds whether it be possible to give it any
other construction than that which the indictment has as-
eribed to it. To me it seems impossible that the extremest in-
genuity can show that it wes written for any other purpose.
However, gentlemen of the jury, to you I submit the calm
examination of the paper, upon the paper itself, and this
‘business as to the libel which, or such parts of which, as are
charged in the indictment. I shall lay before you, after it
shall be proven by witnesses, who will be produced to show
that James Thompson Callender, the traverser, did publish
this paper; and, in laying it before you, I will make such ob-
servations as may seem to me proper and necessary to be
made.

Mr. Hay understood that some of the witnesses who are to
‘be examined to prove the guilt of the aceused, were them-
selves, in the estimation of the law, equally guilty; that they
have printed, though they had not written the libel in ques-

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