North American. [volume] (Swanton, Vt.) 1839-1841, 1839-08-07

DE FENCE
or IN. T.. A. THRILLER, BEFORE
THE 4. :. DISTRICT COURT.
JUNE

Nav u Please tie Iogfi, and Jeailfmel
Il The Jofy
Al tie rcqoes, 81 my counsel, and who
~ unprecedented an my part. have iakei
upoa usc the responsibility Of addressing
yop in answer 10 the gentleman who has
ss asslaiaal q the District Attorney 81 iAs
Gsited States, opened the case a. pfoseco
Tor. The very Young gentleman has MAE
Hsc 81 language "a h@ SCI etesca tn@t
have heard hclnfe. and ~ another place
and uadcr the ike circumstances. - ike
Indeed. has been the language. the epihet,
end the idea. that be must have SEEN and
gotten by fotc the speech of Her Mscsty's
most loyal Attorney General, as delivered
by him on my trial for high treason in
Toronto, in the province Of Upper Can
ada.
The gentleman gives me too much cre-
dit for being possessed OF some attributes
Of greatness. | am not. nor never did |
consider myself as having any pretensions
to the daring rcckiessncss thar he mentions
nor ever had the remotrst idea Of carving
to myself an empire through the POPULAR
~ may have had with the Irish and
French Canadians No, gentlemen,
have acted as considered right will do
50 agatn-and as long as Heaven gives
me lie, 50 long will be the advocate Of
the principles which gtrded on my sword
10 rspouse.
You are all, gentlemen Of the jury, per
sonaiiT strangers To me--men selected by
the Uute1 States government 10 try this
case. You have been chosen from the dif-
iefen. parts of lnis state, and brought here
"a distance IRON your homes--lrom parts
Z far away from the frontler-whefe YOU
could not be Supposed To be Influenced hy
the reasons or prejndices that might oper-
ale IN a jury selected from this city or
county. For such precautlon although /
not meant in nay favor, am indeed sincere /
" thankful To the government officials who /
caused IL. You are strangers-hut YOU
are Americans; aud | mean not that term
IN any mystic manner--as the District At
torueY remarked 10 a former trial, he /
thought that General M'Leod's counsel |
must have had some mystic meaning
something more meant than was express
sed--some :" double entendre" Not so
with me. have no other meaning than
that you are an American Jury, sitting
there under the solemn sanctity Of an oath,
sworn TO Try the case at issue, between
your government and your feiinw-citizen;
aud to be guided only by the law and the
evidence brought before you. To try 10
influence you through your sympathies,
would he an insult 10 you--and one that
| never would commit and may as well
say it now, that, did | think you could be
influenced hv any remarks Of mine or nv ,
counsel, 'souId despise you. Mono; I
You are too intelligent not TO know what
your duty is. II, among the forty witness I
SEES brought against me (bOth from here /
and Canada you can find proof enough,
bring in your verdict accordingly, and DO I
not disgrace your country: nor bring the r
blush upon the cheek of your feIlow>cit- a
zens, that in Michigan there could be y
found twelve men SO lost 10 all feelings of a
religion, justice, and rectitude, that they c
could violate the solemn oath they have n
taken, and through some secret feeling Of t
partiality, (Which the prosecutor warns G
YOU againsD prostitute the very temple Of n
their ebddess-Liberty. d
stand before you, gentlemen, pleading h
10 an indictment charging me with an in Il
fraction of the neutrality laws-a violation I
Of the constitutional treaties existing be- r,
tween this, my adopted country, and 1
oreign power with whom this country is -
It peace-as the Indictment sets forth: n
LIST, With having set on loot a military a
expedition to act with hostile intent against Sc
1er most Gracious Majesty Victoria's
province of Upper Canada. Has that U
been provedS Is there the slightest little ia
}! evidence that had ought to do with Of
IN expedition that is said to have left Glib, 81
alter on the eighth of January? Has not m
very means been taken by the District m
Attorney TO draw from his forty witnesses te
thar would connect me with the W
chooner Ann! and has he not, with all 70
he despicable low means which he could -
lse, most signally failed2 Has it not been ia
worn 10 you that was not on board of ot
eF when she left this shore; Was no, in
cen on the wharf when she went away; bc
but was seen at Gibralter-ave, there KIN
the rub-and seen talking with those kn
Fho were known to have belonged TO the pu
Expedition. mighty fault, indeed-and do
II possible that citizen OF the coun- B,
~ where we boast Of freedom of speech IN
lust he found guilty Of misdemeanor be- of
ause AN seen talking with man IN our in,
wn couniryi But do not all the testimony m
gree that they saw me then doing nothing
Ut as simple spectator: II that is guilt. he
ERE not the