True American. [volume] (New Orleans [La.]) 1835-18??, 1839-07-06

Pe'r as Inc opponent OF him who claims 10 be the i'll
j"red party, with whom Mr. Cs intercourse had always
been friendly.
though he felt personal interest for hisc!ienf. MrC
appeared as ami cnriG The friend Of the cour,
and the country and the constitutions. This throng-
ed court-ths pressing crowd-ihs hum of eager ex-
decta,ions-these looks ointene anxiety around us
oil proclaim the solumn importance of this occasion
Turn yonreye to This unexa,nped ussembage listen to
to their whispers of deep interest 1t is happy for
freedom that the citizen does take any interest in such
cases. This anxiety anno'aces the glory Of triumph
and tina, this ia Of the most mpo tan, occasions
that ever did could present itself to court Of
Judicature in free and beloved country Important
not as concerns the defendant only but as it concerns
great and glorious principles, in comparison with the
pnry and preservation Of which the defendant and his
and his individual cause sink into sgnifcance
Not tina. he IS Indifferent of all he has suffered aIreadyor
may hereafter suffer that he is Indifferent to the deep
modification Of being indicted on the charge, however
innocence may support him. not that he is Indifferent
10 ina painful stigma Of being prosecuted as false
ana malicious beer, however soon that stan, may be
wiped away by verdict of acquittul-nut that he is
ndihtrentto having been publicly arragned as crmi-
nal though he laid his hand upon his heart and in pre-
sence Of God plead guilty,-not that he was in
different to having been held bail that he would
RIM anay, though here he has chosen his voluntary
home when the world was all before him and prudence
his guide; tho here he had his friends his interests
hls affections, tho here he has earned all that he has,
and become whatever he Isl tho here he has lived for
years. and here he hopes to die. To all of these
tender and touching considerations he md his counsel
are not AID cannot be rent but the deepest interest
which he and they take in his trial is not for himself but
for others, lis fellow ci,ze, s. his county-her sacred
conttn,ion, her precious and holy liberty. For he feels
as 'ee do, that little whiIe and the places that know
US shall tnow us more; but this days trial will never
dir-tfnt it not only all no participate in il:
but, surviving tem will reach, for good or IL the dear
est rights of ouI remote postery-aflecting and
to effect not only those here present. but extending to
the most distant borders Of our wide spread state.
! While. therefore, Mr.. C. pretends to no unnatural
indifference to being imprisoned in the four walls of
dungeon, this and other personal sink into
he dust ana he tramples them, whan compar"d " h
those higher and deeper public and eternal prime es
invoked IN his case 1t is not from private motives, or
selfish fears that he has employed numerous counsel
nor TINT they have consented he here Move, not bv
their friendship for him, my enni,y to the party
Ginning to be inuredby him--we his counsel are here
because, ca led discharge great professional duty
they would not shrink because they believe as he does
that under underlined offence, by old and exploded
not CT law, with novel res of evidence, hro' lin,
the liberty of the press may be assaiad lhro his side
the sacred rights, secured by the Constitution may he
woUnded-in his person the freedom of discussion may
be pierced crushed These rights and thi. consu-
ton the property of all, which not to offend is to
desert 1t in these views that this occasion is eepy
important. This is proceeding-,he precedent
| OF TODAY hec law rl,,, I
differing from all the other states, allows no appeal to
higher court in criminal cases-therc is a tribunal which
will sit in judgment all that is this day done or said
by each and all ofus. Before the bar of public opinion
here on earth and the high chancery Of heaven here
after we, well as Mr.. Gibson, shall be indgrd This
case will become part and parcel of history and will
i've forever on its undying pages, pattern to initiate
or an example to ds'er, light lead, or beacon to
avoid We the sworn officers of justice, shall be tried
IN the case by postcrity. God grant they may acqut
us all of an undue excitement-tlat they may see in all
Of US no too Jealous haste unusual sernness-no un
needed rigor To these, lot us have fair and
manly trial, and let the court pause well and pondcr
long, ere it reject application to offer the t, nth in
evidence.
The counsel had read the of the State vs. Learv
by Judge Wales, ofSouth Carolina. This case was
published more than fourth ola century asowe have
| not now any means of knowing what the law Of South
Carolina is at this day.
At the mere mention of South Carolina thousand
recollcc''ons OF nativity ard early home and youthful
friends, trong thick and fast around Mr.. Cs heart but
he had no time to express them He would not trust
himself TO commence speaking of his native state But
place aur danes 1.-The Carolina Judge supvoses the
case OF young and lovely woman who may have Weld
ed to sedncer; suppose, she had since become the
faithful partner of some worthy man. and the mother of
virtuous ofsprns-supposes her uilties forgiven and
asks if her expated sins may be drag ed privacy
in which they sheltered presented to the view of an nm,
feeling word-punishcd ufresh by disgrace AID olium
and the poor pennent robbed Of the fruits Of her re-
pentance. This, Mr.. c. could answer as he went
along.
In this case, the seduced is not the prosecutors and
Mr. c., 10 illustrate and show the absurdity of the sup
position, said it reminded him of the nnecdoe related
~ Boz, about Mr.. and Mrs. Bundle, when called beor.
the magistrate. The lien pecked husband was called
mp to answer TO act of his termagant and vrar
wife He plead guilty. and said his wife was alone
to blame, for she alone had done the act charged
Wherenpon the magistrate informed him, that being
husband The law supposed him have the entire con-
trout over his wife and household, and tia, the law fur
'her supposed that his wife could do nothing whereby
neghhor was injured without his orders or authority
- IN fact the law supposed him be the sovereign mas
ter at hone, and the ruler of Mrs Bumblc "Does the
law indeed suppose sou enqured Mr.. Rumble Indeed
It does, was tine answer, "Fhen,' exclaimed Mr. Bum
"the law is an ass lronrs of laushtcr.)
Judge Waites, in the decision from South Carolino
denies that tho doctrine from the Star Chamber,
and traces it to the civil law. This, # true would be-
no recommendation, for the civil law though supero, in,
contract is inferior in criminal Matters and az resn.r s
the liberty Of Pers"ns and the like. The jldoe s,y !,
is the law of most of the free States of America and re
three States To prove t, Of hirh WAS The
law at the lime he HI saws is the law of N.
York. as appears by the case Of Croswell Now ,J,,
case occurred in 1903, and act was passed in 1905
permitting the truth to he given in evidence whi,l art
ion quoted lie adds, " it the law Of Pen,sylyo
MIA, aud must have been in Connecticut before the act
OF l'o4; thus contradcting his own words and ind
rtctly admitting it not to be SO now judge Wai,ss
endeavor"d 10 cast d>credt upon the sources of the
common law and t.lls ls low it has ftnted through
successive until il has become broad fine ous
parent stream. his reminded Mr. C. of tho (ltro,uns
"' wine in Persia, from the Caiph down ,hr1 the iGre,-
g'ades of the nubllitv until reaches the err c,,ss
l hnush clear and puresit wine no longc, IT, T.
preferred t" take the genuine liquor and no snch siltra-
tions In short he thought best test of the excel
lcncy at law not its its age he number of ra
tons 1t had undergone but the on which if WINS