with the bold and confident character of his whole scheme he seems to have regarded his enterprise almost as an act of to the country and the attempt to arrest it as somewhat in the light of insult and persecution you have read to very little purpose he says in a letter to his daughter during the of the trial if you have not remarked that such things happen in all was there in greece or rome a man of virtue and independence and supposed to possess great talents who was not the object of and persecution incidents of the trial and again i want an independent and witness to my conduct and to that of the government the scenes which have passed and about to be will exceed all reasonable and will hereafter be deemed unless by very high authority these are curious revelations of feeling in contrast with the upon the trial judge � whose opinions in this case were like all the other of his with the calm and impartial spirit of justice itself and for their legal and depth � did not escape some from the side of the government as well as this of tlie prisoner but the country has not failed to render full honour to tlie purity as well as the wisdom of the mind which guided the of this celebrated trial we come now to present some of the leading features of the case far as s in it may be of interest in doing this i shall make a few from his speeches by no means to fatigue the reader with a detail either of the facts or the law of the case which indeed may only be properly understood by a reference to the trial itself but as obtained by his labours in this trial a large increase of popularity both at the bar and with the it will not be considered as to the subject before us to from the report of it such passages or incidents as may be of the counsel whose name has become so connected with it the trial was remarkable for the with which it was on both sides almost in the first stage of its progress the court was obliged to comment upon the temper displayed by an application was made by col for a to the of the united states with a requiring him to a letter which he had received from gen dated october and also to produce copies of certain orders which had been issued by the government relative to the arrest this application was resisted on one ground amongst others that the or of the papers referred to was not shown � the in the case being that the said letter may be material to the defence a long debate ensued an argument mb said in the course of this debate � we do not deny thai a may bo issued to summon the president and that he if as to that process as any other citizen i shall show that the is not a process of right but that the application is addressed to the of the court � mb � this is admitted mb � i thank you for the admission you have mc from the unnecessary trouble of so much of my argument the question then is by what circumstances should that discretion be controlled should it be by the mere wish of the prisoner if so it in vain that the court possesses any discretion on the subject the prisoner has but to ask and have consider this wide and bold doctrine on the ground of would you summon any private individual from the remotest part of the united states to produce a paper on the mere wish of the prisoner without the paper and showing how it bore on his defence if you would you put the pursuits and the peace of every individual in the united states at the mercy of the prisoner s caprice and this argument from inconvenience an attitude of most awful and alarming importance when you extend it to a case like this before the court a prisoner has seldom any cordial for the government by which he is for a crime the truth is he feels himself in a state of war with that government and the more desperate his case the more ardent will bo his spirit of revenge would you expose the offices of state to be at the mere pleasure of a prisoner who if he feels that he must fall would for nothing more anxiously than to grace his fall and make his ruin glorious by dragging down with him the bright and splendid edifice of the government sir if has the right at his mere wish to call one paper from tiie government he has the same right to call any other and so one after another might every document and secret of state however delicate our foreign relations might be and however the disclosure to the honour and prosperity of the country it is much to be wished that a rule could be devised which while it would protect the rights of the prisoner should also protect the public offices from being and i an argument il w think there is such a rule it is this by requiring that the who calls for a paper should show that the paper applies to his case and is requisite for his defence when he shall have done this i hold that he is entitled to call for any paper it will then rest with the president of the united states the officer appointed by the people to watch over the national safety to say whether that safety will be by the paper c c again sir i have never seen or heard of an instance of this process being required to bring forward any paper but where such a paper was in its 